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Select Development CUPWILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY ~. 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 8, 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 IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Departrnent (208) 887-2211 TIM HEPPER Motor Vehicle/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 recommendationstyill 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: September 3. 1996 TRANSMITTAL DATE: 8/16/96 HEARING DATE: 9/10/96 REQUEST: Conditional Use permit for a f~a nl~entertainment center BY: Select Development and Contracting Inc. LOCATION OF PROPERTY OR PROJECT: Proposed Interstate Center. W. Overland Road and Interstate I-84 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 8r FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ili FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PREUM 8 FINAL PLAT) BUREAU OF RECLAMATION(PREUM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: RECEIVED 1 COUNCIL MEMBERS B OF TREASURE VALLEY s A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CI~~Y OF MERIDIAN C GLENN R. BENTLEYEE AUG 1 6 1996 CITY OF IyiERIDUN Fiui.a-l'J1-1'7~b i~•~-1y t-tsUhl IU •' CITY OF MERIDIAN APPLICATION FOR A CONDITIQNAL USE PER1VIiT NAME: Select Develo ment and Contractin Inc. PHONE; (801) 628-7878 ADDRESS: P.O. Box 617 St. George, Utah 84771-0617 GENERAI, LOCATION: 171 /East 1160 South St. Geor e Utah 84770 ~~JDfQG~ ~C~~`O.~ ;, ~l'0/OS~ ~n'I~~Jk $r- ..~ t!'Pr/ t,e/ C~..al /~~LrS {p -g DESCRIPTION OF P QPOSED CONDITIONAL tISE: Family Entertainment Center Miniature Golf, Bumper Boat Pond, Go-Kart Track, Arcade, Restaurant, Batting-Cage; Soft Play ZONING CLASSIFICATION: L "G FLA N ~ A plan of the proposed sits for the, conditional use showing the location of aI! buildings, parking and loading azeas, traffic access and traffic circulation, open spaces, laztdscaping, reficse and service areas, utilities, signs and yards (sul~rait 3Q copies). ~ , /// of Applicant LEGAL NOTICE OP PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the il~eridian Planning and Zoning Commission will hold a Pcehlic Hearing in the Meridian City Iial1 on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by Select D e v e l o pm e n t and Contracting, Inc. for the property generally described as located a~ , SUBDIVISION, BLOCK , LO"I' Tp DESCRIPTION OF PARCEL 1 FOR TOWER ASSOCIATES October 20, 1994 u A parcel of land located in the Southwest 1/4 of the Southeast 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap marking the southeast comer of Section 13, T.3N., R.1 W., B.M., thence N 89°46'23" W along the south line of said Section 13, 13x9.44 feet to the Southeast comer of the SW 1/4 of the SE 1/4 of said Section 13, the Real Paint of Beginning of this description; Thence continuing along said south line N 89°46'23" W 799.58 feet to a point; Thence N 0°31'11" E 19.24 feet to a point; Thence N 1°03'11" E 340.95 feet to a point; Thence N 0°13'37" W 229.32 feet to a point; Thence N 0°38'59" E 228.87 feet to a point; Thence N 1°19'50" W 21.81 feet to a point; Thence N 0°31'11" E 292.20 feet to a point on the southerly right-of--way of I-84; Thence S 89°33'35" E along said southerly right-of--way 385.48 feet to a point; Thence continuing along said southerly right-of--way S 85°44'44" E 419.99 feet to a point; Thence S 0°46'49" W 1101.44 feet to the Real Point of Beginning of this description. Said parcel is subject to a Kennedy Lateral easement and Overfand Road right-of--way and other easements of record or of use. Said parcel contains 20.67 acres, more or less, of which 0.46 acres is right-of--way. Michael E. Marks, L.S. - 930912 • August 14, 1996 Fiesta Fun Center Conditional Use Application • 1. Applicant: Select Development and Contracting, Inc., P. O. Box 617, St. George, UT 84771-0617 (801-628-7878) 2. Owner of property: Winston H. Moore, P. O. Box 8204, Boise, Idaho 83707-2204 (323-1919) 3. Legal Description: Attached 4. Proof of ownership: Attached Deed 5. Existing Uses: Property is currently vacant. 6. Present Uses: None 7. Proposed Use: Family Entertainment Center (miniature golf, bumper boat pond, go-kart track, arcade, restaurant, batting cage and play area) The proposed building will be 14,400 square feet. 8. Present zoning: Property was annexed and rezoned in 1995 to C-G (General Commercial) 9. Vicinity Map~30): Attached 10. The property adjoins Interstate 84 and will utilize Overland Road for access. The location of the property near the interchange and with interstate visibility makes this a good location for a family fun park. 11. Mailing list within 300 feet: Attached 12. Fee $275 and $21.00: Attached 13. The applicant understands that they are responsible for additional fees associated with sewer, water, and trash. 14. Attached 15. Posting will be done by Briggs Engineering. 960805.cua 5-03-1996 3 ~ 57PM FROM V(. H. MG[7RE COhPANY 208 .3`3 7623 1>. " THIS SPECIAL FTARRANTY bSHb made as of the 20th day of July, 1995, by TOWER ASS'OCIATF3, hereinafter called the Grantor, to wINSTON H. MOORS, hereinafter Called the Grantee, whose address is Suite 140, 8150 Emerald Street, Boise, Idaho 83704, hereinafter called the Grantee: 9PITNS338TH: That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt xhereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remise9, releases, conveys and confirms unto the Grantee, all that certain land situate in Ada County, Idaho, viz: THOSE LAND9 DSSCRTBBD IN EXHIBST A ATTACFIED HERETO, lrDlAk. A PART HEREOF AND INCORPORATED HEREIN BY 12EE'SRHNCED (THB "PROPERTY" } . SE ~ ~ ESCROW This conveyance is subject to the following: 1. Conditions, restrictions, limitatiozigy~3E.i~7ar'.Ru^ easements of record or usage, ' if a~1S~.1~ this provision shall not operate to rsimposa sa~ae. 'g5.S411. CO P~! I2 2. Zoning and other governmental zegula~~~~gqn~~s,,.y`r F~ y[„e~~a+" auESZ ~ cn~.stJ `(-Hh 3. Taxes and assessments for i~s aaa subsequent years. 4. ~'he right to continue the pre-development discharge of storm sad surface Water from Parcel C, in Record of Survey Number 2677 (Recorded~as Instrument 1Qo. 93100072, .Records of Ada County; Idaho} onto the Property at the Game location a9 storm and surface water is presently discharged onto the Property, and Grantee shall not impede th,e discharge of said pre- development surface and storm boater. Together xith all the tenements, hareditaments and appurtenances, with every privilege, right, title, and intez'est' thereto belonging or in anywise appertaining. TO T3AVfi AND TO HOLD, the game in fee simple forever. AND the Grantor hereby covenan.te with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good night and lawful authority to sell and convey said land; that the Grantor w111 defend the rams against the lawful claims of all persons claiming by, through, or under the Grantor but C: ~WPS0100C~17'OIPFRMk)ORB~wJ~RRD~.6 F' 3-1996 3 _ 57PN F kUM w. H. MIAJFtt C.L1~~'W V T ~+Oa 3~=~ ~ ov not otherwise. SN WITNESS F1~REOF, the said Grantor has signed and sealed these presents the day and year first above ~rrittea. Signed, sealed and delivered is our greseace: T014ER pgSOCIAT88 Witness STATS OF New Xork ) ss COUNTY OF Neer York ) BY: on H. Manchester General Partner 2 hereby certify that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknorrledgmente, personally appeared Jon H. Manchester, to be )atewn to be an authorized general partsser of TOWII2 ASSOCIATES described fn and oho executed the foregoing instrument and he ac)mowledged before me that he executed the same as the act of said TCWER .ASSOCIATBS. Witness my hand and official seal in the County and State last aforesaid this 18th day of July, 1995. '' ;~ Notary Public :,~ !i; :k r, r. r...a C.\ WAARLFFD.6 5--03-1 J96 3: ~M FROM w. H. bt70F~ C~t~+PANY 2H8 :~3 /52:i F'- ~~ ~ ~ ^ • DESCRIPTION OF PARCEL AIB FOR TOYYER ASSOCIATES Octot~er 20, 1994 A panel of land Located in the SE 1!4 of the SE 1!4 of Section 13, Township 3 North. Range 1 West of the Boise Meridian. Mer~+, Ada County, Idaho, being nwre particularly described as fatlornrs: Commencing at the southeast comer of Section 13, T.3N., R.1W., B.M.. thence N 89°48'23" W 412.04 feet along the south ilne of said Section 13 (which is also the eentertine of Overland Road) to the Real Point of Beginning of this description; Thence contiruiing N 88°4$'23" W 897.41 feet to a point: Thence N 0°46'49" E 1101.44 feet to a point on Ehe southery right of way of l-84: Thence S 85°44'44" E 39.85 feet along the southerly right of way of 1-84 to a point; Thence S 46°46'12" E 34.20 feet to a point; Thence S 67°45'31" E 350.76 feet to a point; Thence S 60'10'33" E 194.73 feet to a point; Thence N 45'33'43" E 17.75 feet to a poinf on the southery right of way of I-84; Thence S 46°28'17" E 134.62 feet Uo a point of curvature on the southerly right of way of I-84; Thence along a curve to the left 256.12 feet, said curve having a radius of 431.97 feet, a cer>trai angle of 33°58'15". tangents of 131.95 feet and a chord of 252.38 feet which bears S 63'27'24" E to a point; Thence S Q1°02"27" W 655.94 feet to the Real Point of t3eginning of this description. Said parcel contains 1 ' ~ss, and is subject to all existing easements and rights of way. Michael E. Marks, No. 93~at7 Ext~rsrr A, P,~sE i ~ a... 5-x3-1996 3:5t3PM FRpr'1 rr. H. hflX]F ~ C;LMF'AN7 d4Ff SGJ !'aL] '~- ~ DESCRiPTtON DP PARCEL 1 FOR TOWER ASSOCWTES October 20, t 894 A parcel of land located ~ the Sautharest 114 of the Sacrtheast 114 of Sadion 13, Township 3 North, Range 1 West, Boise Meridian, City Of Merldlart, Ade County. Idaho, more particularly described es tottt,ws: Commencing at a brans rap marking the southeast corner of SecBon 13, T.3N., R.11hf., B.M., thence N 89'48'23' W alorty the south Gne of Bald Section 13, 1309.44 abet to the Southeast comer of the SW 114 of the SE 1I4 of said Section 13, the Rea! PdM of Begirsning of this description; Theme continuing along said south ik~e N 139'4523" W 798.58 feet to a point: Thence N 0'31'11" E 19.24 feet to a pant; Thence N 1'03'11" E 340.95 feet to a pant; Thence N 0'13'37" W 229.32 feet to a point; Thence N 0'38'59" E 228.87 feet to a point; Thence N i' 19'50" W 21.81 feet to a point; Thence N 0'31'11" E 292.20 feet to a point on the southerly right-of-way of I-84; Thence S 89'33'35" E abng said southerly right-o~way 385.48 feet to a pant: Thence continuing along aaid southerly right-of-way S 85'44'44" E 419.99 feet to a point; Thence S 0.45'49" W 1101.44 feet to tt~ Real Point of Beginrzng of this desuiption. Said paroel is subject to a Kennedy Lateral easement and Over~nd Road right-af-way and other easements of record ~ of use. Said parcel contains 20.67 acres, more or fees, of which 0.46 acres is right-of-way. Michael E. Marks, L.S. 930912 e ~ 8-1 ~.-1996 1 1 : 14AM FROM W. H. MARE COMPANY 208 323 7523 AUG-lA-1996 lit= 34 T~ • AFFfDAVIT OF LEGAL ~'I'£REST STAT£ bl• II~AHb ) )~ CO~t~1VTY f~-1~ A1±1A ) 323'!523 P.~2 Ir Wmtattiri H. I4+~aart' ,. fi(1t1I3 S'tr~lh~'V1~sI__~lte 144 ,,..,,~,. ~Iante) 4Ad~+ess) _Bsi~......- } Jda~ ~t s ~, ~ say: i . '1'Ian I am tlx roca~d av~-ner of t3~ prt~+ destalbed as the ettar~ed, a~ t great" my pert~i~sics to 4elect DQVela~cnt P b Sax b1?_ ~, ~~e_ Utah 84?71-Q6t 7 (N) (A) ~ submit the aecomp~ny'ing appaication pertaeniag ~ i~t pa~srpaity. ~.. ~ agroe to unify, defend aq~ the fifty ttf A~ric3ian rt's mn~oyaes l~micss. from any claim or 1iat~ility fram arry as to the ~ coatainad h~ereua yr a t~- tt~ gevtansl~p of ~ prn~rty which is the sobject of the d this lath _ -- _ ._ tasty of .,,,,, Ax~st ,1996. ~J~ - ~~ ~ 5t1B5ED AN'It S~t?RI3 to befoxe me tht4 day aad year fast abase wrst~tean. 4~~y~rrss•'~i •~ ~ ~ _ '~+ ~ ~ Natary Fablic for Idaho P Residing at yE Z ~.•,.,. ` ~ ~fs,~ v.~ I,~.~~Q rr~ 1-dy Caamxis~ia, Eames:=^ - ~~ ~ P. 2 T0~ P. QI2 ~ ~ I, Jeff Fullmer, Representative of Select Development, certifies that the information contained in this Conditional Use Application are true and correct. Dated this ~ y day of ~v v S 1996 By: Its: Prt~(d,4~" On this ~~'day of in the year 19Q(c , before me, 05c~'fE'~t~ personally appeared ,known to me to be th ~ p,~_ of the ~e~CCs~'Dt,~l. that executed the said instrument, and acknowledged to me that he executed the same _____ arm" ~ ~ <~ NOTARY PUBLIC FOR IDAHO ~~~~~®~~~".~~~-~- ~~qQU~~~°°o~, Residing at: 01 ~, Idaho SEAL) ~ r c ~e ~ c ~ j ~ .~. J~ J~ ,~be~ " My Commission expires: ,. ; .~ ~: g ~, ~~: ~~,~",~ ,~ ~~ c,~~~~' `~~ sa'0 I~ I! ~ ~ ~ ~. _~ ~~ $~ _--~-_- ~~ o »~~ ~~m~ r ~, -fi-- € °$° ~{- ~ ~ ~ __, z ~. € ~ ~l ~ ,~ ~ ~ ' ~ ~ -~ ' - ,~ ~ _ r ~ ~~ . _~_ ~~ a ~ ~ t ' LANDSCAPE PLAN v ~ :, ~ ~ ...~ 0 ..... • yf a ~Y lE~E NYC ~ ~ ~ 3 a °. t 4 S ~~~~~€ : ~_[ s ~ Ise ~~~ ~ ~ ~ {{ ~ ~~~ ~, ~~ m F9~~ ~~i~~~f -- -- -- { f e i~ ; i i ~ i i i 5+ a p 4 1 ,s Ww IpE. 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'= i i s - t ~ .a ~ ' i 0 ° "° _ r ~ ~ ~~'"' ~~4zy•gc~6II~C ~ ~ ~ 3 8 ° t ~ R ~ s ~~~~ ~ tae 1 ., ~~~~ ~ ~f ` ~ ~~~~~~@Q~~~~~~~p~~c gyp}egr ~~~ ~ ~~€ ~ ~~ m ~~~~~~f~~ ~~ ~~ ~~ d{~~~ ii~~ ~ a`_ ~~~ ~ t~ ~`~ F 4 s e e C~ e F~ a a 3 d 6 i i f i~ i~~! ° c ~ S q~f www wnE. euo rme wownw wwxnecnwE wr wren . uw nwwxa r~ ma a-un ~ ~ ~ ~ M ~ LANDSCAPE PLAN ~ ~aFIESTA FUN CENTER ~ ~ "" se~~ MERIDIAN, IDAHD DEVEIAPl~NT ~ . ,, ,:~ • /, SD e ,~a~. PROPERTY OWNERS WITHIN 300 FEET Parcel No. Name and Address 87702510010 Mr. Sandman, Inc., P.O. Box 852, Meridian, Idaho 83642 87702510020 ~G. Johnson & Robyn R. Bryce, 1565 S. Meridian Road, Meridian, Idaho 83642 S1213449129 G. Johnson & Robyn R. Bryce and Russell & Karen Hunemiller, 1565 S. Meridian Raod, Meridian, Idaho 83642 87288000000-80 Theron Scott & Carol Scott Lotspeich, 1032 E. Cayman Dr., Meridian, Idaho 83642 S1224110200 John W. & Ruth E. Kelly, 10720 W. Jay Rd., Boise, Idaho 83703 S1224110105 D. Jerry Howell and Florence B. Howell, 2306 NW 15th, Meridian, Idaho 83642 S1213417705 State of Idaho, Bureau of Land Management, Statehouse Mail, Boise, Idaho 83720 -Attn: Real Estate Division S1213428300 Douglas W. Tamura and Arthur J. Berry, 104 S. Capitol, Boise, Idaho 83702 950615 a 5 1 ` • y i Property Owners Within 300' of W.H. Moore Properly S1213428300 Douglas W. Tamura & Arthur J. Berry, 104 So. Capital, Boise, ID 83702 S1213417705 State of Idaho, Statehouse Maii, Boise, ID 83720 S1213438600 Mountain Vew Equipment Co., P.O. Box 690:, Meridian, ID 83680-0690 S1 2241 1 0300 Queensland Acres, Inc., Carol Lotspeich, 1032 Cayman Drive, Meridian, ID 83642 Queensland Acres Subdivision 87288000000 Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, & 11 Scott Theron and Carol Scott Lotspeich, 1032 E. Cayman Drive, Meridian, ID 83642 87288000090 Lot 10 William H. & Lois M. Meyet and Marion H. Naylor, 795 W. Overland Road,• Meridian, ID 83642 941208 • • N©TICE GP HEAPI~I~' NGTfCE IS HEREBY GNEN Qursuant to the Ordinances of the Citv of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on September 10, 1996, for the purpose of reviewing and considering the Application of Select Development and Contracting Inc., for a Conditional Use Permit for land located in the SW 1 /4, SE 1 /4 of Section 13, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located in the proposed Interstate Center, W. Qverland Road and Interstate I-84. The Application requests a conditional use permit for a family entertainment center with minature golf, bumper boat pond, go-cart track, arcade, restaurant, batting cage and soft play. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 21st day of August, 1996. WlLLlAM G. BERG, JR., C ERK s Meridian City Council November 6, 1996 Page 2 discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A FAMILY ENTERTAINMENT CENTER BY SELECT DEVELOPMENT AND CONTRACTING INC.: Corrie: Council you have those findings. Bentley: Mr. Mayor, I would. have a question for Becky Bowcutt, have you received copies of the findings? Bowcutt: Yes sir we have. Bentley: And you understand all of the changes that they are requiring to be made? Bowcutt: Yes we have. Bentley: Are they acceptable? Bowcutt: We will have to live with them, it is the will of the Council. Bentley: That is all I have. Morrow: Mr. Mayor I would move that we adopt and approve the findings of fact and conclusions of law as written. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that we approve the findings of fact and conclusions of law as written, any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Motion on the decision? Morrow:' Mr. Mayor, the City of Meridian hereby decides that the conditional use permit for Meridian City Council November 6, 1996 Page 3 the property (inaudible) should be and is approved under the conditions set forth in these findings of fact and conclusions of law (inaudible) that if the applicant is not agreeable with these findings of fact and conclusions that those (inaudible) is not approved. Rountree: Second Corrie: Motion made and seconded of the conclusions as being read, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Bentley: Mr. Mayor, I have a question maybe the Council knows the answer, do we have a time table on when they are going to do the expansion on the bridge on for pedestrian walkway? On Meridian Road? My conversations with Claire it is scheduled to be done. Morrow: The only thing I can tell Glenn in terms of the transportation planning and those kinds of issues is that there were 3 or 4 options with respect to a possible pedestrian crossing. From a construction standpoint given the fact that the overpass is scheduled to be completely rebuilt the committees decision essentially was that it was a waste of the taxpayers money to put in a pedestrian overpass at this juncture and then turn around and rebuild the overpass system in a 3 to 4 year period. And so the grant monies are there the CMAQ funds were redesignated to be used somewhere else in the State of Idaho that made sense. That was the direction of the committee with respect to the instructions for those monies in that grant. Bentley: Do we have a time table on that bridge? Morrow: On the overpass, at that juncture the projected time was fora 4 to 5 year period. It was not as I understand it, we are talking some 6 or 7 months ago 8 months ago when that (inaudible) it was not a scheduled (inaudible) Maybe Councilman Rountree can elaborate further on that. Rountree: It is not in the 6 year plan at this point in time. Bentley: Thank you ITEM #3:_ FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST FOR A JOHN DEERE DEALERSHIP BY CONTRACTORS EQUIPMENT SUPPLY CO.: Corrie: Council you have before you a fax from Jim Jones and Associates Attorneys s ~ MERIDIAN CITY COUNCIL MEETING: November6 1996 APPLICANT: SELECT DEVELOPMENT ~ CONTRACTING INC. ITEM NUMBER; 2 REQUEST• FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR FAMILY ENTERTAINMENT CENTER 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 L a ~ ~~° f~~~ ~~~ ~ i ~" ~ ~ ~~' ~ ,~ C, G~ ~ ~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. T MERIDIAN CITY COUNCIL MEETING: November6 1996 APPLICANT: SELECT DEVELOPMENT & CONTRACTING INC. ITEM NUMBER; 2 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR FAMILY ENTERTAINMENT CENTER 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 r- ~' ~', ''~ "~ / _ -, . ~~,~ ~~~6~ ~ ~,~'J~ `` ~ r ~t ~~ r C, G~ ~ ~ G, OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 9 BEFORE THE MERIDIAN CITY COUNCIL SELECT DEVELOPMENT AND CONTRACTING. INC. CONDITIONAL USE PERMIT WEST OVERLAND AND INTERSTATE 84 MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application was heard by the Meridian Planning and Zoning Commission on September 16, 1996, at the hour of 7:30 o'clock p.m. on said date and the Commission adopted and approved Findings of Fact and Conclusions of Law at the Commission's meeting on October 8, 1996, the Application came on for consideration before the Meridian City Council on October. l5, 1996, without a public hearing as allowed by 11-2-418 E., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant's representative, Becky Bowcutt, appearing, and the City Council having considered the Findings of Fact and Conclusions of Law of the Planning and Zoning Commission, the comments of the Applicant's representative, and the matter, the Meridian City Council makes the following Amended Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The City Council hereby adopts and approves of the Meridian Planning and Zoning Commission's Findings of Fact and incorporates them herein; that any statements, findings, FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 1 SELECT DEVELOPMENT • • conclusions, or recommendations made herein that are in conflict with the Meridian Planning and Zoning Findings of Fact shall overrule the actions of the Commission. 2. The City Council hereby finds that Applicant's representative, Becky Bowcutt, stated and represented, among other things, that Applicant would provide a light plan, that it would be open 10:00 a. m. to 10:00 p. m. on weekdays and 10:00 a. m. to 12:00 p. m. on weekends, and that it would functions like Wild Waters, at I-84 and Cole Road; also, that they had no plans for the vacant space shown on the drawing but it would be a grassed area with picnic tables and they plan continual landscaping to the east; she also had questions about the comments of the Ada Planning Association comments regarding sidewalks, particularly about a raised sidewalk being constructed between the parking and the entrance, and the authority of APA to comment; she stated that there is not enough room for sidewalks between parking isles and questioned if APA comments had to be met. She stated that SELECT DEVELOPMENT AND CONTRACTING, INC. place of business would be on Lot 5. She later .commented that she believed the conditions of approval are in order. 3. Jonathan Seel, an Applicant representative, commented that they would carry the tree requirement to the next lot so that there would be continuity and that requirement could be put in the specifications. In response to Gary Smith's comment about there being no trees in the sewer easement, he stated Nampa & Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 2 SELECT DEVELOPMEIT • Irrigation District comment was that they would absolutely not allow any thing other than grass or gravel in the easement adjacent to the Ten Mile Drain. 4. Councilman Walt Morrow commented that the original approval was predicated upon the landscaped areas, mentioned above, being maintained by an owner's association but that would not be the case as now set forth and the land would not be usable by other property owners; Mr. Morrow asked Ms. Bowcutt if the proposal really was to take this area in its entirety out of the owners association, to which she. responded that that was correct and that the whole intent is to create something that is visibly attractive. Mr. Morrow then asked her if there was going to be any berming, to which she stated that she could not say that there was not going to be any berming. Next to the highway (I-84) she indicated that there was no plan whether that would be flat or bermed, but the Applicant would do what the City Council desired. Mr. Morrow then asked Ms, Bowcutt if what had been explained would be a requirement by the Developer to carry that theme out the full length of the subdivision in both phases, to which she responded that that was correct. Mr. Morrow commented towards the end of the discussion that from his perspective the common landscaped area is that we approved the. plat and the preliminary plat with those things in place and the common area lot should be left in tact and almost at the end of the discussion stated that the issue is that either we have a FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 3 SELECT DEVELOPMENT • common lot area and get what it is we are after or we do not have common lot areas and my perspective of the proposal is that the project should have a common lot area and that it should be left in tact. 5. Councilman Rountree commented that the landscape plan should be submitted for approval consistent with what Mr. Morrow said and that the City maintain that common lot concept. 6. Gary Smith, Meridian City Engineer, commented that the landscaping over the sewer easement cannot have trees in it and that lots 8, 9, 10, and 11 do not have a common lot and that there would be a landscape problem if the sewer remains on the easement side of lot 5. CONCLUSIONS 1. The City Council hereby adopts and approves of the Meridian Planning and Zoning Commission's Conclusion of Law and incorporates them herein; that any statements, conclusions, or recommendations made herein that are in conflict with the Meridian Planning and Zoning Conclusions of Law shall overrule the actions of the Commission. 2. That since the Meridian Comprehensive Plan states under LAND USE, Mixed-Use Areas Adjac:nt to I-84, Overland Road and Franklin Road, at Page 28, in Sub-Sections 5.10 and 5.14U, that all development proposals in this area will be subject to development review guidelines and conditional use permitting procedures, it is concluded that this application for a conditional use should be FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 4 SELECT DEVELOPMENT • granted, but that, as required and stated above in this paragraph, it should be subject to development review guidelines. 3. In addition to those Conclusions mentioned in the Meridian Planning and Zoning Conclusions of Law, the Applicant shall also be required to do, and perform the following Conclusions and if they are in conflict with the Conclusions of the planning and Zoning Commission these Conclusions shall prevail, to wit:. a. Meet the requirements of the development agreement that was, or will be, entered into by Applicant's predecessor in title. b. Meet the requirements and comments of the City Engineer, the Assistant to the City Engineer, and the Planning and Zoning Administrator, all at Applicant's cost and expense; these requirements shall include preparation and submittal for approval of a landscaping plan with common lots titled in the name of the property owner's association; all of the landscaping Ordinances of the City shall be met and complied with; the landscaping shall include appropriate berming and landscaping; the required landscape set backs along all roads, including I-84, shall be met. c. Establish a 35 foot landscaped setback mentioned in the Comprehensive Plan and landscaping the same which shall be along Overland Road. d. Submit for approval an individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines. e. Work with the Meridian City Engineer on moving and relocating the Ten Mile Trunk Sewer Line, if required, and place no tr~.es of shrubbery in the easement for that sewer line. F. Meet all of the representations made by the Applicant's representatives unless they are in ,conflict with the other requirements stated herein or the Meridian Planning and Zoning Findings of Fact and Conclusions of Law or Meridian City Ordinances. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 5 SELECT DEVELOPMENT • APPROVAL OF FINDINGS OF FACT AND The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COUNCILMAN MORROW VOTED COUNCILMAN BENTLEY VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN TOLSMA VOTED MAYOR CORRIE (TIE BREAKER) VOTED DECISION The Meridian City Council of the City of Meridian hereby decides that the Conditional Use Permit for the property set forth in the application should be, and is, approved. under the conditions set forth in these Findings of Fact and Conclusions of Law and those of the Meridian Planning and Zoning Commission; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and those of the Commission, the Conditional Use Permit is not approved. MOTION: APPROVED: DISAPPROVED: ~~, FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 6 SELECT DEVELOPMENT • Meridian City Council October 15, 1996 Page 20 • Corrie: Okay, you have heard the motion made by Mr. Morrow, second by Mr. Bentley for the approval of the final plat of Interstate Center as stated in the motion, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: CONDITIONAL USE PERMIT FOR A FAMILY ENTERTAINMENT CENTER BY SELECT DEVELOPMENT AND CONTRACTING INC.: Corrie: Would a representative from the entertainment center come up please? Bowcutt: Becky Bowcutt, I am representing the applicant Select Development in this matter. Jut to give you a quick run down on this project they are proposing a family entertainment facility. It is on approximately 6.5 acres abuts I-84, this is Mountain View Equipment. They are proposing a 14,400 square foot building. That building will have like family arcade, it will also have a snack bar facility and the offices associated with the facility will be in this building. They will have a 1500 square foot maintenance shop that will be for maintenance of their little go carts and their grounds, their ponds and so forth, that will be used so they will have all of their equipment and stuff stored in that shop. They are proposing a 7 stall batting cage, they have little kiddie bumper cars, kiddie electric cars, and then they have this go cart facility that adjoins the interstate. The question was asked when we went before the Planning and Zoning Commission on the noise generated by this facility, we did submit some documentation on what the decibel level would be. These are little honda engines and you are going to get far more engine noise from Interstate 84 than you will ever get from this little go cart track. They are also proposing a bumper boat pond, they are a gunnite construction. The water is recycled through the system, they chlorinate the water and then these ponds run here and the miniature golf area. There is, as you can see there is a lot of landscaping and trees and we did provide a detailed landscape plan basically stipulating all of the tree varieties. In my opinion we could duplicate the tree varietiF~ on the next lot to get a consistent or a tie in so we h<~ve that corridor and you have a consistent look along I-84. This particular area. that they have on their plan designated as future is just going to be turfed at this time they will have picnic tables to provide an area for birthday parties or any special little events that they have. They constructed many of these facilities throughout the US, this company is out of St. George, Utah. They brought in some colored photographs of the previous sites that they have done, I did submit those with the conditional use application, I don't know if the Council has seen those pictures. I took some photocopies of the pictures it really doesn't do it justice. As you can see it is well manicured, everything appears to be f inaudible) a lot of rocks that are made with gunnite and they incorporate trees, grass and pond areas. The gentlemen that are developing this project one of them is going to be moving to the Meridian area on a permanent basis, he will live here and do business out of the City of r: Meridian City Council October 15, 1996 Page 21 • Meridian. So it is not like the owners are out of town and don't really care how the facility is maintained or ran. We submitted elevations, floor plans of the buildings, designs on how the, what the elevations of the golf course and the go cart track would look like. One of the questions that the Planning and Zoning Commission was operation, hours of operation. It will be 10 a.m. to 10 p.m. on week days and then 10 a.m. to midnight on weekends. The facility, they hope to have it open between 9 and 10 months out of the year, obviously weather permitting. They do have a (inaudible) they will have to provide a lighting plan to the City for review to make sure that we don't have it shining on adjoining properties or problems with glare on interstate 84. At the public hearing we had one property owner that did attend, she was not opposed she just had questions, they own rental property on the south side of Overland Road. She wasn't sure where this was located, she thought it was going to go right across the street from the homes. We showed her where it was located and what the distance was, the difference in elevation. This is going to kind of sit down in a hole, there is a 20 foot drop from the south side of the property to the north side. So this will have nice freeway visibility. It functions very similar to the wild waters facility like they had nice landscaping and water amenities. It was located next to the interstate and got good reviews until they mowed it down for the interchange. Do you have any questions that I can answer? Rountree: What does the future bring for that one vacant area? Bowcutt: I think that question was asked at the last public hearing and 1 believe Mr. Fulmer was present at that time. I just want to quote him correctly. His answer was they just don't have any plans for that at this time. Rountree: So it would be a grassed area with picnic tables? Bowcutt: Yes it would be a grass area with picnic tables, yes, future patio for company parties, no plans for the next 3 years to develop that area. One thing he and I did chat about it and he did say that they have incorporated, remember the little fun spot that they used to have, or maybe they still have over by the zoo he said. that they have incorporated some little facilities like that into their sites, but they have no plans at this time. The primary intent is to use it as their picnic area for birthday parties and company parties etc. Rountree: You indicated you saw no problem with the (inaudible Bowcutt: I really don't, they have designated the varieties and basically to tie that in all you have to do is continue the varieties on down and the sod and underground sprinklers and the same shrubs and trees and that will tie it in. It is not like Mr. Seel said if this is an office building over here obviously it is going to look different but you can still tie that strip together with the same varieties. • Meridian City Council October 15, 1996 Page 22 Morrow: Would you point out Becky on that map where the common area is? Bowcutt: Right here. Morrow: Does the dotted line signify that is the edge of the common area? Bowcutt: Yes it does Morrow: Under the original proposal that would be the ground that would be owned by the owners association. Bowcutt: That is correct. Morrow: This proposal clearly indicates that ground is being utilized by this entity is that correct? Bowcutt: The only thing that is encroaching is these two areas here, this is obviously landscaped. It is the little miniature golf area so it is landscaped. I think when we submitted the original proposal we proposed a landscape easement up on Overland and on Interstate 84. The Council as you mentioned earlier had concerns with that on future maintenance and consistency. I think one of the concerns is that everybody envisioned that a building will be located here or potentially a parking lot. With this type of facility yes you have a building but it is located on the front end and the parking lot is up on the front end internally within the Interstate project. This particular area is all landscape so what we are dealing with as far as encroachment into the so called 20 foot area is these two short stretches right here of this little go cart track. Morrow: I think the original approval was predicated upon those landscape areas being (inaudible) by an owners association. They would not in that format be usable by any property owner as a portion of their site. What you are asking us hers is to deviate from that because clearly you are using that space that would belong to the owners association. Bowcutt: It is not being used for like a per say building but it.is being used in a non- landscape fashion. Morrow: So what your proposal really is, is to take this in its entirety out of the owners association. Bowcutt: That is correct, just for this lot. Due to the fact that we have no building or no parking lot that is adjoining the interstate. I think the whole intent is the integrity of that corridor in creating something that is visibly attractive. I can understand the 20 or 30 foot • • Meridian City Council October 15, 1996 Page 23 requirement to set those building back off those interstates or those corridors and the same holds true for the parking. lots. But where this is a flat type heavily landscaped development it is unusual in nature. Morrow: You are indicating this is all flat, there is no berming here? Bowcutt: I can't say that for a fact, I mean flat that it isn't elevated like a building would be. Morrow: No I am talking about the landscaping. Bowcutt: They do go in and deviate through here with berming because we did discuss setting elevations and so forth for the grading of the site to create kind of the rolling effect. They are not perfectly flat. Morrow: I am interested in next to the highway. Bowcutt: Next to the highway here, the have not indicated if that is bermed or if that is flat. If the City council sees fit that it be bermed then obviously that would be a requirement. Morrow: Well to go back to your prior comment then if this is going to set the theme for this particular subdivision then there would be a requirement by the developer to carry that theme out the full length of that subdivision both phases. Bowcutt: Correct Morrow: Is that how you see that? Bowcutt: That is how I see it, that would be the only way to assure that continuity. Morrow: So really what you are asking us to do is to deviate from what it was we had approved and make this lot not have (inaudible). Corrie: Becky, how much grass is between the edge of that race track and the property line there? Bowcutt: I believe it is, it deviates 10 to 12 feet. Corrie: How far is that from the highway? Bowcutt: You mean to the interstate? • • Meridian City Council October 15, 1996 Page 24 Corrie: Are we talking about 30 to 40 feet? Bowcutt: It would probably be 30 #0 40, that is a pretty big right of way thrcwgh there that far exceeds the edge of asphalt. One thing I did have a question about the findings of fact and conclusions of law. I believe the conditions of approval and everything are in order. In reference to agency comments on page nine, it basically regurgitates what was put in a memo or recommendation from Ada Planning Association. We did discuss this when we got our original packet and saw APA's comments. Obviously they are evaluating the site from a pedestrian and bicycle perspective and they asked that the sidewalks would be put in along the private roads which yes we are putting sidewalks along the private roads. Secondly they went into a discussion on providing sidewalks running between these parking rows and I did talk to my client and they said that they just don't have the room to do that however they would be willing to do some pedestrian striping. If yoe, notice, take an Albertson's for example how they strip those areas where you are creating that pedestrian corridor to the facility however you don't have sidewalks running between the parking isles. That just doesn't make sense. It was not listed on the last page as a condition of approval or binding, their comments being binding, but I just want a clarification because it is mentioned in the findings of fact. Corrie: That was APA's request? Bowcutt: And it was just a recommendation. Corrie: That is their comment. Bowcutt: Yes, but when I go to page 15 where it says that we shall be required to do the following APA's requirements are not listed. I guess my point is I don't want to come in with the plans or utility plan and drainage plan and find out that we have to put sidewalks between all of these parking stalls because we don't have to do the room to do so. Morrow: I guess as a point of clarification from somebody here on the Council since when does APA recommend what we do internally in terms of sidewalks or any other issue? Corrie: 1 think it is was just a comment Mr. Morrow. Crookston: That is why they are not included as a requirement. Morrow: Why are they making the comment? Corrie: I guess primarily they are looking a pedestrian friendly sites, that is what they are looking 'for and that is one of their comments. They are doing all malls now, they are Meridian City Council October 15, 1996 Page 25 • getting pretty well beat up on the Town Square mall being pedestrian friendly, that is just a comment they have which is exactly what it said on page 9 it was a comment. Crookston: To my knowledge we send the notices to APA and they submitted comments this time they have comments on a couple of other applications recently. Bowcutt: I was as surprised as you are, usually they are looking at pedestrian and bicycle transportation from the site and bus transportation. So they are looking at new public streets or private streets and exterior arterials but not commenting on internally what should be done and where sidewalks should go within the site. Morrow: I guess from my perspective is I was a little surprised to see this in this application and I think that is well outside the bounds of what APA's function is. Corrie: I agree, but they also have the right to make comment since we asked to make them. Again the Counselor didn't put them in as a demand which was correct. Any further comments or discussion? Rountree: I have a question for Becky, this discussion of pedestrian, is there going to be any consideration for signing or reinforcement of the right of way fence along the interstate to keep pedestrians from crossing the interstate into this area? That was a significant issue with wild waters and the area across the interstate from this is quickly developing and that is the shortest way to get there. Bowcutt: To prohibit people from going across the interstate? Rountree: That is already prohibited but that doesn't stop them. It was a problem at wild waters. Bowcutt: I think there is an existing ITD fence but it is only about 4 feet in height. Rountree: That is just a typical right of way fence it doesn't keep much out. I assume there will be some kind of fee charged for entrance into some of these areas. That is something your client may want to consider. If they don't do it now I suspect they are going to do in the near future if it is approved. Bowcutt:. They could do like a chain link where you still get the visibility of the freeway, the landscaping could still be viewed but they could look at something like that. I will be sure and address it. Rountree: At least protect themselves with signing. • Meridian City Council October 15, 1996 Page 26 Bowcutt: We obviously wouldn't want that #o happen. • Tolsma: Becky, I just come from Sacramento down there, are you familiar with Paradise Island down there (inaudible) they have a little amusemerrt park down there that is similar in concept of what this one here is except that it is much larger. They are (inaudible) opposing 4 lane streets which would be equivalent to about the freeway out here. They have a seven foot high chain link fence that is sitting on a slight berm that goes completely around their facility around there. It is just for keeping outsiders out so you have to come into the main building when you pay to get into the facility. I was wondering if this one here is evidently going to be (inaudible) they have a little (inaudible) go cart track and the miniature golf and we just participated in a charity miniature golf tournament they have down there for cancer benefit. But their facility is the chain link fence they have around it is what they said they finally had to do because they had a street side chain link fence around there first and they said the people would drop the kids off on this four lane street which just has a sidewalk abutting it and the kids climb over the fence to get in. They said they increased their revenue enough to pay for the fence over the period of 6 months by raising the fence. I just mention that (inaudible) if there is a way to get there they will get there. (Inaudible) Bowcutt: I think you are probably right, I will definitely bring that up with them. Seel: Councilmen, I think if you want on that theme there as far as trees go what we can do in that next lot and we can put that as specifications is carry those trees over which I think again will capture what you wanting. We can put that in so whatever trees, I am assuming they are not exotic trees but whatever type of trees they are we can cany that over to the next lot and then you will have continuity between the two, and put that in the specifications.. If you (inaudible) allow them to take this 20 feet and still keep what you want. Corrie: Thank you Jonathan. Council you hive the findings of fact and conclusions of law that was done by the Planning and Zoning, accept, reject or do you wrong? Morrow: Mr. Mayor, can we have some comments by Gary Smith please? Smith: Mr. Mayor and Council, one thing that didn't show up on our comments originally with concern the landscaping over the sanitary sewer easement along the east side of this project. We are not going to be able to allow any trees over that sewer easement and that is continuing our policy on other sewer easements. We are going to have to maintain access to that sewer line. Now there was some discussion with my staff that possibly that sewer line needs to be moved to the east side of Lot 7 so that might happen and if that is the case then that will eliminate this problem for this easement. • • Meridian City Council October 15, 1996 Page 27 (Inaudible) Seel: When we talked to John Anderson about the Ten Mile there is a 50 foot easement with Nampa Meridian Irrigation District. John Anderson's comment was I will absolutely not allow anything other than grass or gravel in there. He made a comment about the Sandman Motel and something had happened over there and he wasn't going to let it happen again. So, again this is not my battle but it sounds like it is something that he is very adamant about and he said you can do that as grass or you can do that as gravel and I talked somewhat with Shari about that. Beyond that that is all he was going to allow there. Again that is not my words but his. Smith: We are in two different locations I think Jonathan. I am talking about along the east side of Lot 5. Seel: (Inaudible) because along there too he was very adamant about that. He was not going to allow any type of landscaping in that 50 foot area (inaudible). Morrow: A follow up question please Mr. Mr. Seel raises the 50 foot area is th correct and that is Nampa Meridian's? Mayor for Gary. The area that we are talking that e area that is adjacent to Ten Mile Creek is that Smith: Yes Morrow: And then the common lot area is the dotted line on the plat map that is to the south of that easement area is that correct? Smith: No Councilman, there is no common lot along there. Morrow: No I meant in terms of, let me rephrase the question. On lots 7, 8 9, 10 and 11 there was no common lot for lar~;~scape purposes on 8, 9, 10 and 11? Smith: Most of 8, all of 9, all of 10 and all of 11 does not have a common lot. Lot number 6 exists along lot 7 and a portion of lot 8 and that is all that is listed or shown as common lot. Morrow: Lot 7 and a portion of lot 8. That portion is that it goes to the unplatted. Smith: Yes sir. Morrow: Thank you • Meridian City Council October 15, 1996 Page 28 Corrie: Gary am I correct that you are not sure whether that sewer line, the sanitary sewer line is going down the east side of Five or down the east side of 7 is that correct? Smith: Correct, we may move it to the east side of Lot 7 just so that we don't have to deal with it in common lot number 6 where the distance that we would if it went down the east side of lot 5. I don't know how the depth of the sewer line will work out if it is relocated to the position. (End of Tape) east side of Lot 5 then we have a landscape issue to deal with. Thank you Morrow: I guess from my perspective is my thought along this common landscape area is that we approved the plat and the preliminary plat with those things in place. Talking about the fencing issue that Councilman Tolsma raises and that type of thing, if you have a flat landscape area the idea behind a landscape berm or buffering between the freeway was so that it worked both ways. So it was a very attractive presentable entrance to the City along the freeway. Also so that it diminished the noise the impact going both ways. It seems to me that with this particular use the go cart track comes well within what would have been or would be the common lot area. The question in my mind is the next lot. lot 7 the same case could easily be made for on piece meal basis in terms of what these lots are all about. And so the issue is that either we have a common lot area and get what it is we are after or we don't have common lot areas. So, I think from my perspective the proposal and project (inaudible) common lot area ought to be left intact. Corrie: Comments Council? Rountree: I was trying to find something in the findings of fact that addressed the landscape issue and I don't see anything pop out. Just an indication that all landscape requirements be met. Submit a landscape plan for approval, all consistent with what Mr. Morrow said that we maintain that common lot concept. Corrie: Then you are going to have to change the ifndings. Rountree: Item 3 on page 5, and then on page 15, items C and D. Morrow: I guess as point of clarification on page 5, number 3 the last sentence that says no improvements are proposed along Overland Road as part of this application. My question with that sentence is that if it is being developed in a phase and wAe just approved the preliminary plat subject to or allowing it to be done in two phases then that landscaping for this phase 1 along Overland Road and that common area lots 1 and 3, I mean 2 and 23 would be landscaped. Now does article 15 on page 15 Rountree: Well C and D speak to being consistent with City Planning & Zoning • Meridian City Council October 15, 1996 Page 29 Administrators approval of landscape plan and meeting the landscape requirements. Corrie: You would have to strike that no improvements on page 5 it includes the improvements of the first phase. Improvements are proposed along Overland Road as a part of this application. Crookston: The comments that are on page 5 are comments that were made by Bruce Freckleton our Assistant to the City Engineer and Shari Stiles our Planning and Zoning Administrator. They are their comments that is all. Corrie: That is not part of the conclusion is that correct Counselor? Crookston: That is correct, other than the fact that the conclusions do state that they have to meet the requirements that are sfated by Bruce Freckleton and Shari Stiles and if Gary Smith enters comments those are generally required as a requirement and the applicant has to meet those. But what is on page 5 are only those comments by those people. Corrie: So the landscaping still must meet their approval, (inaudible) Rountree: There is a comment here a statement made by the applicant on page 10, 3/4 the way down the page. Morrow: Your point there Mr. Rountree, are you talking about the sentence that says and also landscaping along Interstate corridor, is that the one that you are referring to? Rountree: The exterior of the facility will be landscaped along the track and also landscaped along the interstate corridor. No indication that the track would be within that common lot. So now we have a new wrinkle. Morrow: Mr. Rourree, on page 15, Counselor has pointed out to me than item F, it says meet all the representations of the applicant unless they are in conflict with the above requirements or City Ordinances. Counselor, can you give us a layman's version of what that means? Crookston: What it means is that if they made a representation to the City before the Planning and Zoning Commission or the City Council that is not in conflict with the City ordinances that they have to perform that and meet that representation. Morrow: Thank you Corrie: Are you comfortable enough with the conclusions or do you want to write new ones Meridian City Council October 15, 1996 Page 30 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? Corrie: 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 Attorney to prepare new findings of fact and conclusions 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 rr,ove we take a five mirwte 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 fonnrard. • • MERIDIAN CITY COUNCIL MEETING: October 15 1996 APPLICANT: SELECT DEVELOPMENT AND CONTRACTING ITEM NUMBER; 6 REQUEST• CONDITIONAL USE PERMIT FOR A FAMILY ENTERTAINMENT CENTER 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: COMMENTS P A Z MINUTES FOR 9-16-96 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" 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: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENT 1 ~/v pp V ~~ OTHER: -~I Materials presented at public meetings shall become property of the City of Meridian. • Meridian Planning & Zoning Commission September 16, 1996 Page 40 - Johnson: We can do both if you want, let me confirm, is there anyone here for item 15? Okay we are incorporating 14 and 15 in the motion, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FAMILY ENTERTAINMENT CENTER BY SELECT DEVELOPMENT AND CONTRACTING INC.: Johnson: At this time I will open the public hearing and ask that the applicant or a representative of the applicant address the Commission. Becky Bowcutt, 1111 S. Orchard, Boise, was sworn by the City Attorney. Bowcutt: This is a conditional use application for a family fun center it is on the property owned by WH Moore Company that adjoins Interstate 84. This is Interstate 84 right here and if you go further south that is Overland Road to the east is Kuna Meridian Road, on our west boundary here is Mountain View Equipment. Let me show you this to give you a little better idea. This is the Interstate Center plat that came through the Planning and Zoning Commission not too long ago. We have done construction plans for the project and are proceeding forward with the subdivision. This particular project would be right here on this lot 5. So it would be tucked right in here. We are building this to ACRD standards with curb, gutter and sidewalk (End of Tape) additional roadway however it will be constructed in the second phase. Sewer is available right here, there is a sewer trunk line that we will be picking up and bring up here and pulling into the streets and water is available here we will be extending water down Overland Road to the western boundary and then pulling it down into the subdivision. This project has gone through Ada County Highway District, they have reviewed it and have made comments and done the staff report. Just to give you a brief little run down it will have a go cart facility that is right next to the Interstate 84. It will have bumper boafs, miniature golf facility right here. We have this 14,400 square foot building here that will have arcade, snack bar, little party rooms, it will have offices associated with operation of the park. This facility right here is a batting cage, there is also a shop facility for maintenance. There are little kiddie bumper cars for small type children. Little kiddie electric cars here, there will be benches and planters. This area here will be concrete and then they have an area here for future expansion. AT this time they plan to have that grassed and have picnic benches and so forth. All of the traffic will enter right here at the top of this culdesac and then they have a parking facility here. They have allocated handicap spots and substantial parking areas. This will all be paved and striped according to the code. They have dumpsters that will be screened, there are two on each side here and here. The exterior here wil! be landscaped along track and then they will have landscaping here so we will have landscaping along that Interstate corridor. • Meridian Planning & Zoning Commission September 16, 1996 Page 41 They have provided for landscaping along their perimeter here internally within in the subdivision. Estimated time for construction will begin probably on the utililies in about 60 days and they hope to be open in the spring. So weather permitting we will': try to get this open as soon as possible. I read through staffs comments, I think there was one question in Shari's comments what were the hours of operation. On weekdays the hours of operation are 10 a.m. to 10 p.m. and weekends it is 10 p.m. to midnight Mr. Fulmer is here from Select development, he can answer any questions that you may have on the specifics of it. They have built many facilities just like all over the country. They are out of Utah and I submitted pictures, I don't know if Shari provided those for your review. But on the packet I submitted pictures of what the facility would look like. The ponds internally in here, these are (inaudible) they are chlorinated. The bumper boat pond is also self circulating system. Do you happen to have any questions that I could possible answer and then I will turn the podium over to Mr. Fulmer for questions. MacCoy: I am just curious the land that is down below this that you have shown here is that yours? Bowcutt: Which land that is down below, excuse me? MacCoy: South of the property Bowcutt: That is part of the Interstate Center, really our only neighbor, this is the lot right here, our only neighbor would be Interstate 84 and Mountain View Equipment (inaudible) I think they have a shop that has a rear entrance (inaudible). MacCoy: I am just curious from the standpoint of what is going in there because you have the thing all detailed out. Bowcutt: I brought some elevations if you would like to take a look at these of the building (inaudible) as you can see it is kinr', of an attractive building with (Inaudible). We have submitted detailed plans on the ponds and this is a detail of the inside of the building. As you can see there is a video arcade, there are little party rooms, there is a snack bar (inaudible) it is oriented toward family entertainment. Jeff Fulmer, 895 Escalante, St. George, Utah, was sworn by the City Attorney. Fulmer: Are there any questions? Johnson: Does anybody have any questions? Crookston: Are you going to operate throughout the year? Meridian Planning & Zoning Commission September 16, 1996 Page 42 " Fulmer: Yes we are planning on opening the amusement side, actually we will have the whole facility completed hopefully by May and we will end up shutting these amenities down November December for about 2 to 3 months. In a similar climate, the miniature golf will stay open year round and as long as we don't have too much snow. Johnson: Is your firm the operator as well? Fulmer: Yes, the little brochure that I gave you the pink one, that was actually our first facility that we built for ourselves in St. George, Utah. The very bads of that shows a picture of our building which is going to be similar to what we are building here. That construction was actually done out of block and we are going to do this out of (inaudible). Crookston You spoke about your batting cages are you going to try and operate those year round too? Fulmer: If the demand is there, right now we will kind of play that as we go. We would like to keep it open year round, we keep St. George open year round. But the arcade and the restaurant will definitely be open year round. Johnson: Any other questions? Borup: You have a future area there, do you have any concepts in mind of what might be going in? Fulmer: Not necessarily, things in the market kind of change and we are just going to keep that available. We may do an expansion of the building if we want to enlarge the arcade building. Right now we will do grass and we are planning to do a patio in here for company parties to accommodate two to three hundred people in a group. Basically just a soft area, we don't have any plans in the next three years at least. Johnson: Anything else? Thank you very much, this is a public hearing would someone from the public like to address the Commission at this time? Carol Lotspeich, 1032 E. Cayman, Meridian, was sworn by the City Attorney. Lotspeich: I would like to know, is this going to adjoin Mountain View on the West and if it is going to be in that area from Mountain View east toward Meridian Road because we own some property there. I would like to know how noisy it is going to be. But see I can't from this (inaudible) okay that is one thing that I wanted to know. Another thing I would like to ask is I used to live in one of those houses across the road from there and the traffic from that street is so terrible that it is even hard to get out of a house. Now, how are you • Meridian Planning & Zoning Commission September 16, 1996 Page 43 " going to adjust for all of these cars going down Overland. Because trust me the traffic there is really bad. I would like to know how noisy it is going to be and how much, how bright it is going be. I would like to know how noisy it is going to be, and how bright the lights are going to be. Johnson: So far I have got, does it adjoin Mountain View, noisy, what the traffic is going to be and the congestion and how bright the lights are going to be, is there anything in addition to that? Lostpeich: Not that I can think of right now. Johnson: Okay, you think about it and we will try and get you those answers. Is there anyone else from the public that would like to address this? Okay, Becky either you or Mr. Fulmer, if you would like to address the concerns there as much as you can at this point we would appreciate it. Bowcutt: I think I can address the issue of traffic. Ada County Highway District has reviewed this. This type of facility doesn't have your standard peak hours that other residential and commercial type uses have. Therefore they did not require a traffic study because it just will not generate enough to warrant one. They have asked us to construct a decal lane or a right turn bay on Overland Road. So we will be expanding that section of Overland Road at the entrance. We will also be piping the Kennedy Lateral in conjunction with our construction therefore allowing for future widening of Overland Road. That section of Overland Road west of Kuna Meridian Road is not within the five year plan at this time. The east side is within the five year plan. Fulmer: As far as the lighting, all lighting is projected downward and we will have about, I think the candle power is about 17 so it is going to be fairly well lit but not real bright and everything is pointed down. As far as the sound is concerned, I have some information on the decibel readings ~~n the go carts. They are a new cell go cart with a 5 ~~orse power honda engine on them and they are very quiet on this go cart track with the berm and the elevation from the building I think from the south bound you will hear the Interstate over any attractions that we have going on there. We don't have any, outside speakers or any loud music that is going to be playing other than some background music in the miniature golf course area which will just accommodate the scenes and the water fall areas. Johnson: What are the readings, you said you have some readings? We are really into this stuff so we want to know exactly what it is. Can we have a copy of this then? Fulmer: Yes Meridian Planning & Zoning Commission September 16, 1996 Page 44 - Johnson: If you don't mind I would liC<e that for the record, it doesn't make any sense to me but it will to somebody. And was it close that it adjoined Mountain View's property, that was one of the questions. Fulmer: Yes, as far as the elevation of the property, I might be corrected if I am wrong but up towards Overland Road I think we started about 35 and we are down here at about a 10 so there is about a 20 foot drop from Overland Road. So the chances of any light coming back up that hill are remote. So we think we picked a great location in a commercial area that is down towards the interstate. If anything the noise of the Interstate will be louder. We are excited about it. (Inaudible) Johnson: He wants to know if you are going to construct a foot bridge over the freeway. (Inaudible) Fulmer: We are excited to be in town, there is myself and two other partners are moving in town, we are moving our families and are going to relocate our construction company that we build these parks all over the country. So this is going to be our new home. We have hired a manager to continue to run the center in St. George. Johnson: In your other facilities have you had to alter any of your lighting from original design to the last one you did or do you find those to be fairly acceptable with the downward, because you need the illumination for the profile. Fulmer: The illumination on the batting cage and the go cart track will be the brightest, the miniature golf course is done with overheard fixtures which are 250 fixtures that are, it is a lot dimmer than what you would find on (inaudible). Those will probably be about a 10 candlepower. Lotspeich: What is in this area in the white area between, is this going to be parking or some other kind of development? Johnson: Maybe Becky you can show her that on your diagram as best you can. Lotspeich: I am just curious I am excited about it too, it sounds like (inaudible). Is this going to be developed commercial is that what this is. You don't know (Discussion Inaudible) • Meridian Planning & Zoning Commission September 16, 1996 Page 45 ' Bowcutt: This will probably be like either office or other commercial developments on each lot. We can't tell you specifically what is going to happen, it depends on what the buyers Lotspeich: I am just curious to know because we own these houses over here so it is hard enough to get out of those now I just was wondering how much traffic would be generated by it. Bowcutt: We are going to do a loop eventually here so then it will have more than one egress and ingress. Johnson: Is this the same property that was originally or at one time was destined to have Cineplex on it or is that adjacent property? (Inaudible) Johnson: Any other questions? Anybody else have any other comments before I close the public hearing? I will close the public hearing at this time. Shearer: Mr. Chairman I move that we have the attorney prepare findings of fact and conclusions of law on this conditional use. MacCoy: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Shearer: I move we adjourn. Oslund: Second Johnson: Motion and second to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 10:24 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) 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 • FAX (208) 887-4813 Public WorksBuilding DeparUnent (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 MEMORANDUM: September 12, 1996 To: P&Z Commission/Mayor & Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator Re: Request for Conditional Use Permit for a Family Entertainment Center (Fiesta Fun Center) by Select Development and Contracting, Inc. We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL. COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans. 4. Provide five-foot-wide sidewalks on both sides of proposed streets in accordance with City Ordinance Section 11-9-606.B. Driveway from Overland Road shall also have five-foot- wide sidewalks on each side. All paving, striping and signage of parking lot to be in accordance with Meridian City Ordinance Section 11-2-414 and the Americans with Disabilities Act. All oil street parking spaces are to be paved. Parking stalls are to be 9'x19' minimum with 25' driveways. C: \OFFICE\ W P W IN\ W PDUCS\FQ?STA. CUP • Mayor, Council and P&Z September 12, 1996 Page 2 • 6. Submit a drainage plan designed by a State of Idaho licensed architect or engineer for all off-street parking areas for approval by the City Engineer/Public Works Department (Ord. 557, 10-1-91). 7. Lighting shall not illuminate residential properties or cause glare problems for vehicles traveling I-84, as determined by the City of Meridian. 8. Applicant is to obtain a certificate of occupancy prior to opening for business. 9. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning & Zoning Department. 10. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 11. Sewer service to this development is contingent upon positive results from computer model analysis. 12. Coordinate fire access and hydrant locations with the City of Meridian's Water Superintendent and Meridian Fire Department policies. Fire hydrant locations shall be depicted on building plans. 13. Indicate any existing FEMA Floodplain Boundaries on the Site Plan Map, and/or any plans to reduce said boundaries. 1. Sanitary sewer service to the site will be via the existing 15-inch diameter Ten Mile Trunk line near the northeast corner. The City of Meridian owns and maintains a 10-inch diameter water main approximately 1,650 feet east of the subject parcel. This main line will need to be extended west in Overland Road to the westerly boundary of the parcel under consideration. The project design engineer is to coordinate main sizing and routing with the Meridian Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of roadway centerlines. Water lines shall be located on the north and east sides of roadway centerlines. 2. Provide a 250-watt high pressure sodium streetlight on Overland Road entrance and at locations designated by the Meridian Public Works Department. All streetlights shall be C: \OFPICE\ W PW IN\ W PDOC3\F~STA. CUP • Mayor, Council and P&Z September 12, 1996 Page 3 installed at Applicant's expense. Typical locations are at street intersections and/or fire hydrants. 3. As Overland Road and I-84 are entrance corridors, particular attention must be paid to these frontages. Applicant is proposing as little as ten feet (10') in some areas along I-84; however, if the landscape plan is not reduced below that shown, I believe the landscaping will meet the goals of the Meridian Comprehensive Plan. Trees along I-84 should be minimum three-inch (3 ") caliper. No improvements are proposed along Overland Road as a part of this application. All landscaping and pressurized irrigation system shall be in place prior to obtaining a certificate of occupancy. 4. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system will need to be reviewed closely due to the size of the area to be watered. Applicant shall provide a statement as to the ownership of and operation and maintenance for the pressurized irrigation system. Site plan is to indicate source of water for pond system. 5. All construction to be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. 6. If significant changes from the plan submitted are made, additional hearings may be required at the City's discretion. The conditional use permit shall be subject to yearly review upon notice to the Applicant. All building plans are subject to detailed review. 7. Utility locations need to be included on the plan for approval by the Public Works Department. 8. A development agreement was required as a condition of annexation. Details of the conditional use approval for this site will be incorporated in the development agreement to be entered into prior to signature on the final plat. 9. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. No Parking area will need to be designated next to dumpster location shown on east boundary. 10. What are proposed hours of operation? 11. Applicant shall supply the Public Works Department with anticipated sewer and water C: \OFFICE\NPW RV\ W PDOCS\FIESTA. CUP • Mayor, Council and P&Z September 12, 1996 Page 4 usage for analysis in determining assessment fees. A re-assessment agreement will be entered into with the Applicant prior to issuance of a building permit. c:~ormce~wrwna~wrnocs~r~sTn. cur • • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION SELECT DEVELOPMENT AND CONTRACTING, INC. CONDITIONAL USE PERMIT WEST OVERLAND AND INTERSTATE 84 MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for consideration on September 16, 1996, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through a representative, Becky Bowcutt, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 16, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 16, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 1 SELECT DEVELOPMENT • 2. That the property is located within the City of Meridian; that the general location of the property is in the proposed Interstate Center on West Overland Road at the Interstate I-84 and is described in the Application, which description is incorporated herein. 3. That the property is currently zoned C-G, General Retail and Service Commercial. 4. That the zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C-G) General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development; 5. That the Applicant is not the owner of record of the property; that the owner of record is W. H. Moore; that the owner has consented to the Application and has requested this Conditional Use Permit be granted and the Application is not at the request of the City of Meridian. 6. That the property is currently undeveloped and vacant. 7. That the proposed use by the Applicant is for a Family Entertainment Center to include miniature golf, bumper boat pond, go-kart track, arcade, restaurant, batting cage and play area; that FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 2 SELECT DEVELOPMENT ~ • the proposed building will be 14,400 square feet. 8. That sewer and water is available to the property, but the property will have to comply with the commercial sewer and water rates. 9. That the City Planning Director, Shari Stiles and the Assistant to the City Engineer, Bruce Freckleton submitted comments and they are as follows: 1. That any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605 M. 2. That any existing domestic wells and/or septic 'systems with this project shall be removed from their domestic service per City Ordinance, except that wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans. 4 . Provide five foot ( 5' ) wide sidewalks on both sides of proposed streets in accordance with City Ordinance Section 11-9-606.B. Driveway from Overland Road shall also have five foot (5') wide sidewalks on each side. 5. That paving, striping and signage of parking lot to shall be in accordance with City Ordinances and the Americans with Disabilities Act. All off-street parking spaces are to be paved. Parking stalls are to be 9'x 19' minimum with 25' driveways. 6. Submit a drainage plan designed by a State of Idaho . licensed architect or engineer for all off-street parking areas for approval by the City Engineer/Public Works Department. 7. Lighting shall not illuminate residential properties or cause glare problems for vehicles traveling I-84, as determined by the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 3 SELECT DEVELOPMENT • • Meridian. 8. Applicant is to obtain a certificate of occupancy prior to opening for business. 9. That all signage shall be in accordance with standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. 10. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 11. Sewer service to this development is contingent upon positive results from computer model analysis. 12. Coordinate fire access and hydrant locations with the City of Meridian's Water Superintendent and Meridian Fire Department policies. Fire hydrant locations shall be depicted on Building plans. 13. Indicate ang existing FEMA Floodplain Boundaries on the Site Plan Map, and/or any plans to reduce said boundaries. 10. That Bruce Freckleton and Shari Stiles submitted site specific comments and theg are as follows: 1. Sanitary sewer service to the site will be by means of the existing 15 inch diameter Ten Mile Truck line near the northeast corner. The City of Meridian owns and maintains a 10 inch diameter water main approximately 1,650 feet east of the subject parcel. This main line will need to be extended west in Overland Road to the westerly boundary of the parcel under consideration. The project design engineer is to coordinate main sizing and touting with the Meridian Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of roadway centerlines. Water lines shall be located on the nortr3is and east sides of roadway centerline. 2. Provide a 250 watt high pressure sodium streetlight on Overland Road entrance and at locations designated by the Meridian Public Works Department. All streetlights shall be installed at the Applicant's expense. Typical locations are at street intersections and/or fire hydrants. FINDINGS OF FACT AND CONCI.IISIONS OF LAW/ Page 4 SELECT DEVELOPMENT i t 3. As Overland Road and I-84 are entrance corridors, particular attention must be paid to these frontages. The Applicant is proposing as little as ten feet (10') in some areas along I-84; however, if the landscape plan is not reduced below that shown, the Assistant to the City Engineer and the Planning Director believe the landscaping will meet the goals of the Meridian Comprehensive Plan. Trees along I-84 should be minimum three inch (3") caliper. No improvements are proposed along Overland Road as a part of this application. All landscaping and pressurized irrigation system shall be in place prior to obtaining a certificate of occupancy. 4. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system will need to be reviewed closely due to the size of the area to be watered. The Applicant shall provide a statement as to the ownership of and operation and maintenance for the pressurized irrigation system. Site plan is to indicate source of water for pond system. 5. All construction to be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. 6. If significant changes from the plan submitted are made, additional hearings may be required at the City's discretion. The conditional use permit shall be subject to yearly review upon notice to the Applicant. All building plans are subject to detailed review. 7. Utility locations need to be included on the plan for approval by the Public Works Department. 8. A development agreement was required as a condition of annexation. Details of the conditional use approval for this site will be incorporated in the development agreement to be entered into prior to signature on the final plat. 9. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. 'No Parking' area will need to be designated next to FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 5 SELECT DEVELOPMENT • dumpster location shown on east boundary. 10. The proposed hours of operation shall be stated. 11. The Applicant shall supply the Public Works Department with anticipated sewer and water usage for analysis in determining assessment fees. A re- assessment agreement will be entered into with the Applicant prior to issuance of a building permit. 11. That in the Meridian Comprehensive Plan it is stated: A. Franklin, Overland/I/84 Mixed Use Policies, Page 28 That in the Meridian Comprehensive Plan it is stated under LAND USB, Mixed-Use Areas Adjacent to I-84, Overland Road and Franklin Road., Page 28., as follows: 5.6 The developaent of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surrounding neighborhoods. 5.10 Development should be conductedunder_Planned Unit Development procedures and as conditional uses especially when two or more differing uses are proposed. (B~hasis added.) 5.11 The character, site improvements, and type of development should be harmonized with previously- developed land in the area, and where located adjacent to or near any existing residence or residential. area, shall be harmonized with residential uses, and all reasonable efforts shall be made to reduce the environmental impact on residential areas, including noise and traffic reduction. 5.12 Strip development within this mixed-use area is not . in complia~e with the goals and policies of the Comprehensive Plan. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. FINDINGS OF FACT AND CONCLOSIONS OF LAW/ Page 6 SELECT DEVELOPMENT • • 5.14U Because these areas are near I-84, Franklin and Overland Roads, high-quality visual appearance is essential. All development oronosals in this wrAa (Emphasis added.) 5.15U The mixed-use area in the vicinity of the Overland. Road/Franklin Road/ Eagle Road/I-84 interchange is a priority development area. B. Under TRANSPORTATION, Page 43 1. Existing Conditions Overland Road is listed as a minor arterial. C. Under COMMUNITY DESIGN, at Page 72. 1. Entryway Corridors d. Overland Road (North and South entrances). 2. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of .Meridian. 3. Policies, Page 73 a. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business development on entrance corridors. b. 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. 12. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 7 SELECT DEVELOPMENT r 1 U normal street right-of-way or utility easement. 13. That the Nampa Meridian Irrigation, City Fire Department, Ada County Highway District, Ada Planning Association and Central District Health Department submitted comments and they are incorporated herein as if .set forth in full. 14. That the Nampa and Meridian Irrigation District's comments were that the Kennedy Lateral courses along the south boundary of this project; that the right-of-way of the Lateral is 55 feet; 35 feet to the right and 20 feet to the left of center facing downstream; that the developer must contact the District for approval before any encroachment or change of right-of-way occurs; that the District required a Land Use Change/Site Development application be filed for review prior to final platting; that all laterals and waste ways must be protected; that all municipal surface drainage must be retained on site and if any surface drainage leaves the site, Nampa and Meridian Irrigation District must review drainage places; that the developer must comply with Idaho Code 31-3805 and that it is recommended that irrigation water be made available to all developments within the Nampa and Meridian Irrigation District. 15. That the Ada Planning Association comments were that sidewalks be constructed ad.j~acent to the main thoroughfare (i.e., the private road on the site plan); that sidewalks are encouraged throughout Interstate Center in the future; that a north/south sidewalk system be constructed from the private road to the FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 8 SELECT DEVELOPMENT ~ ~ entrance of the entertainment park which would channelize pedestrians through the parking lot; the sidewalk system could be located along the east side of the entrance driveway with raised sidewalks with ramps at the end of each parking row; that a raised sidewalk system be constructed splitting the middle row of parking spaces to provide a safe east/west walkway .between the parking and the entrance; that the entertainment center will generate patrons of different ages and the provision of sidewalks through the parking lot would increase visibility of the patrons and minimize conflicts between pedestrians and vehicles; that bicycle parking be incorporated into the development near the entrance. 16. That Ada County Highway District submitted site specific comments and they are as follows: 1. Pave the full width of the private street(s) at least 30 feet beyond the edge of pavement on Overland Road with 15 foot radii pavement tapers. Provide a plan showing how the private road grade meets the public road. District Policy required a design approach speed of 20 MPH and a maximum intersection approach grade of 2$ for at least. 40 feet. Street name and stop signs are required for the private road. The signs may be ordered through the District at the cost of $115. Verification of the correct approved name of the road is required 2. ACHD does not make any assurances that the private road which is a part of this application will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to . qualify this road for public ownership and maintenance. 3. Obtain cross access easements from the lots to the south for access to Overland Road. 4. If the private road is accepted as a public road, FINDINGS OF-FACT AND CONCLUSIONS OF LAW/ Page 9 SELECT DEVELOPMENT the driveway on Lot 5, Block 1, shall be no wider than 30 feet and constructed with 15 foot radii pavement tapers. 5. Construct a right turn lane on Overland Road at the proposed private road/driveway. Coordinate the design with Traffic Services Staff. 17. The Applicant's representative, Becky Bowcutt, testified that this Application is for a family entertainment fun center located on the property owned by W. H. Moore Company that adjoins Interstate 84; that this project will include bumper boats, miniature golf, kiddie bumper cars and electric cars, and batting cage; that there will be a 14,400 square foot building that will house an arcade, snack bar, little party rooms and offices associated with the operation of the park; that to the south is Overland Road, to the east is Kuna-Meridian Road, and on the west boundary is Mountain View Equipment; that this project will be built to ACHD standards; that sewer and water are available; that the area west of the park will remain landscaped, grassed and have picnic benches for present use, but to be used in the future for expansion of the facility; that all parking will be paved and striped and handicap spots allocated; all dumpsters will be screened; the exterior of the facility will be landscaped along the track and also landscaped along the Interstate corridor; that weather permitting, this project will begin as soon as possible to hopefully be open in the spring of 1997; that the hours of operation during the weekdays will be 10:00 a.m. to 10:00 p.m and weekends from 10:00 a.m. to midnight; that the internal ponds will FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 10 SELECT DEVELOPMENT be chlorinated and that the bumper boat pond is on a self circulating system. 18. Jeff Fulmer, from Select Development, testified that he is planning to hopefully have the whole facility completed and opening by May; that- the amenities will be shut down in November/December for about 2 to 3 months; that as long as there is not much snow, the miniature golf will stay open year round; that the arcade and the restaurant will definitely be open year round; that regarding future expansion, the market will determine that; that the building may be expanded to enlarge the arcade, however, the area planned for such expansion will remain a "soft" area, grass and future patio for company parties, with no plans for the next three (3) years to develop that area. 19. Carol Lotspeich testified that see owns some property in this vicinity and is concerned about how much noise this project will generate, how the traffic congestion plans to be handled, and how bright the light are going to be. 20. Becky Bowcutt added that this type of facility does not have your standard peak hours that other residential and commercial type uses have and therefore it did not require a traffic study; that the Ada County Highway District has asked that a deceleration lane or a right turn bay on Overland Road be constructed, so the developer will be expanding that section of Overland Road at the entrance; that piping of the Kennedy Lateral will also be done allowing for future widening of Overland Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 11 SELECT DEVELOPMENT • • 21. Mr. Fulmer added that all lighting is projected downward and will have approximately 17 candle power, so it~will be fairly well lit but not real bright; that as far as the sound is concerned, the go-carts are a new cell go-cart with a 5 horse power honda engine; that they are very quiet; that with the berm and the elevation of the building, the traffic from the Interstate will be heard over any attractions that will be going on; that there are no loud speakers or any loud music other than some background music in the miniature golf course area which just accommodates the scenes and the water fall areas; that this property does adjoin the Mountain View Equipment property as far as elevation; that this facility will be built in an area which will have approximately a 20 foot drop off of Overland Road, so the chances of any light coming back up that hill are remote; that the illumination on the batting cage and go-cart track will be the brightest; that the miniature golf course is done with 250 overhead fixtures, approximately 10 candlepower. Mr. Fuller-further added that he, his two partners with their families, and their construction company are relocating to this area and are excited to be here in town. 22. There was no other public testimony given. 23. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 12 SELECT DEVELOPMENT • • CONCLUSION8 1. That all the procedural requirements of the Local Planning Act and of the Ordinances o~f the City of Meridian. have been met including the. mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 4. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by Ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan and Zoning Ordinance. FINDINGS OF-FACT AND CONCLUSIONS OF LAW/ Page 13 SELECT DEVELOPMENT ,~ • c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve muse, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. That since the Meridian Comprehensive Plan states under LAND USE, Mixed-Use Areas Adjacent to I-84, Overland Road and Franklin Road, at Page 28, in Sub-Sections 5.10 and 5.14U, that a) development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed, and b), all development proposals in this area will be subject to development review guidelines and conditional use permitting procedures, it is concluded that this application for a conditional use should be granted, but that as required and stated above in this paragraph it should be subject to development review guidelines. 7. That the Applicant shall also be required to do the FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 14 SELECT DEVELOPMENT • following: a. Meet the requirements placed on the property during its annexation and zoning. b. Meet the requirements of the development agreement that was entered into by Applicant's predecessor in title. c. Meet the requirements and comments of the City Engineer., the Assistant to the City Engineer, and the Planning and Zoning Administrator and submit a landscape plan to her for approval. d. Meet the Ordinances of the City of Meridian, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, Uniform Mechanical Code, the Fire and Life Safety, Code, all parking and landscaping requirements. e. Meet the requirements and conditions of the Ada County Highway District, Nampa & Meridian Irrigation District, Central District Health Department, City Fire and Police Departments. f. Meet all of the representations of the Applicant unless they are in conflict with the above requirements or City Ordinances. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 15 SELECT DEVELOPMENT • APPROVAL OF FINDINCi3 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 OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTED ~ ~~~'`. VOTED~P~ I ' j VOTED~L / ~1.~` VOTED-'" ~~ ' / VOTED ~~`~ ~ ~ ~~ DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law. MOTION: ' i~~ j~~ ~~~f ~ APPROVED. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ SELECT DEVELOPMENT DENIED Page 16 Yi1LLIAM 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 AdministratDr 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 MERIDI.A~T 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 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: September 3, 1996 TRANSMITTAL DATE: 8/16!96 HEARING DATE: 9/10/96 REQUEST: Conditional Use permit for a family entertainment center BY: _ Select Development and Contracting Inc. LOCATION OF PROPERTY OR PROJECT:_Proposed Interstate Center. W. Overland Road and Interstate I-84 JIM JOHNSON, P/Z MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 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.(PREUM & FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELNIA IN PLAT) BUREAU OF RECLAMATIO I FINAL T) CITY FILES OTHER: YOUR CONCISE REMARKS: RECEIVED AUG 2 0 1996 CITY OF MER1DiAN 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, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF 1VIERIDIAN 33 EAST)®AHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-0443 ROBERT D. CORRIE Maya COUNCIL MEMBERS WALT W. MORROW, President RONALD R.TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P A 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: September 3, 1996 TRANSMITTAL DATE: 8/16/96 HEARING DATE: 9/10/96 REQUEST: Conditional Use permit for a family entertainment center BY: Select Development and Contracting Inc LOCATION OF PROPERTY OR PROJECT: Proposed Interstate Center. W. Overland Road and Interstate I-84 JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, 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(PRELIAA & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) -SEWER DEPARTMENT BUILDING DEPARTM '~ CITY FILES //~ ~j ` 7 ~ ~ EN l9 (CJ OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY 5 ~anJC~ R S 14 L C D L7 ~ S' /4 ~ CITY ENGINEER CITY PLANNER M ~ ~ ~r ~':,.i3/J h , / u , r ~.y s : Arun hi.v ~ F .Q .. (Q ~ A~ ~ ~ ~ --oRF ~,`L /l!O howl-e ia- ra ~.,.~ . ~~-~`-a- ~ ~ Ada Planning Association 413 W. Idaho, Suite 100 Boise, ID 83702 (208) 345-5274 Fax (208) 345-5279 APA / Serving Governments in Ada County Since 1977 MEMORANDUM TO: Will Berg, City Clerk .City of Meridian _ ~. FROM: Mary E. Hardison, Technical Analyst DATE: Augu,~ 30, 1996 Re: Conditional Use Permit -Interstate Center at Overland Rd./I-84 RIECEI'~JED S E P - 3 1996 CITY OF MERIDIAN APA stafif reviewed the conditional use permit far a farniiy entertainment center located in the Interstate Center at Overland Road and I-84. Since this family entertainment center is located within walking and bicycling distance of residential areas, APA recommends the following: Sidewalks be constructed adjacent to the main thoroughfare (i.e., the private road on the site plan). We would highly encourage sidewalks be provided throughout Interstate Center in the future. 2. A north/south sidewalk system be constructed from the private road to the entrance of the entertainment park which would channelize pedestrians through the parking lot. The sidewalk system could be located along the east side of the entrance driveway with raised sidewalks with ramps at the end of each parking row. 3. A raised sidewalk system be constructed splitting the middle row of parking spaces to provide a safe east/west walkway between the parking and the entrance. The entertainment center will generate patrons of different ages. The provision of sidewalks through the parking lot would increase visibility of the patrons and minimize conflicts between pedestrians and vehicles. 4. Bicycle parking be incorporated into the development near the entrance. Families or just children could ride their bicycles to the family entertainment center. Should you have any questions, please contact me. MH:JL MH\DEVREV\MERIDIAN\OVERLAND.CUP pc: Sheri Stiles, City of Meridian File 540.09 City of Meridian Ada County Highway District, Ada County, Cities of Boise, F.agle, Garden City, Kuna, and Meridian Boise Auditorium District, Boise Independent School District, Meridian Joint School District, and Boise State University EqualOpportunitp/Affirmative Aclion Employer f'rinU~~l un Kce~'~~Icil I',t~u~r ~ ~ fem. Alo. l(v oc~no ~~~ SHERRY R. HUBER, President ~ <- ~ ~ ~ ~~~~ SUSAN S. EASTLAKE, Vice President JAMES E, BRUCE, Secretary t:~TY ~~~ 4 ~ ~~A,~l'+j TO: Select Development and Contracting, Inc. P.O. Box 617 St. George, UT 84771-0617 FROM: Karen Gallagher, Coordinator Development Services Division SUBJECT: MCU-23-96 Overland Rd and I-84 September 13, 1996 Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on September 11, 1996. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron John Edney Chuck Rinaldi Winston Moore/P.O. Box 8204/83707 City of Meridian (TD ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 • • ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report MCU-23-96 Overland Rd & I-84 Family entertainment center The applicant is requesting conditional use approval to build a 14,000-square foot building on 7-acres for a family entertainment center (miniature golf, bumper boats, go-carts, arcade, batting cage, and restaurant). The site is located on the south side of I-84, approximately 1,500-feet west of Merdian Road, and approximately 545-feet north of Overland Road (Lot 5, Block 1, Interstate Center Subdivision). 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I -r_ ri _r ~~ ~~ -3- ~ ~- T ~- ~ --~-- ~ .-1-_ ~ ~_ ~_ -~ -~ ~- ~- ~- ~- Facts and Findings: A. General Information Owner -Winston H. Moore Applicant -Select Development and Contracting, Inc. C-G -Existing zoning 7 -Acres 15,500- Square feet of proposed building 0 -Square feet of existing building 0 -Total lineal feet of proposed public streets 288 -Traffic Analysis Zone (TAZ) West Ada County -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Overland Road Overland Road with bike route designation Traffic count 5,669 in 1990 0-feet of frontage 50 to 65-feet existing right-of--way (25-feet n/o centerline; 25 to 40-feet s/o centerline) 90-feet required right-of--way (45-feet from centerline) Overland Road is improved with 24-feet of pavement with no curb, gutter or sidewalk and was overlaid in 1990. B. On November 29,1995, the Commission approved the preliminary plat for Valley Center Market Place Subdivision (also known as Interstate Center). Valley Center Market Place contains 23-lots with a looped private road to Overland Road. The proposed development is located on Lot 5, Block 1. C. The site has no frontage on Overland Road. Access is proposed via a private road. In accordance with District policy the applicant should be required to obtain a recorded cross access easement from the parcels to the south for the use of the private road to access Overland Road prior to issuance of a building permit (or other required permits). D. The applicant has stated that they may request reclassifying the private road to a public road in the future. If this occurs, the proposed driveway width (on Lot 5, Block 1) of 58-feet does not meet District standards. District policy allows a 30-foot driveway for developments generating less than 1,000 vehicle trips per day. E. Graveled private roads abutting public streets create maintenance problems due to gravel being tracked onto the roadway. If the private road will be graveled, the applicant should be required to pave the roadway its full width (30-feet minimum to a maximum 40-feet) at least MCU2396. WPD Page 2 • 30-feet beyond the edge of pavement of Overland Road and install pavement tapers with 15- foot radii abutting the existing roadway edge. The applicant should provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2% for at least 40-feet. Street name and stop signs are required for the private road. The signs may be ordered through the District at the cost of $115. Verification of the correct. annroved name of the road is required. F. ACHD does not make any assurances that the private road which is a part of this application will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. G. Staff has analyzed the proposed development and determined that it meets District policy to require a right turn lane (westbound) on Overland Road at the proposed private road/driveway due to the combination of speed and traffic volumes on Overland Road and the direction of traffic destined for this development. Coordinate the design with Traffic Services Staff. H. Staff has reviewed the traffic impacts of the subdivision and determined that a traffic study will not be required if the subdivision does not generate more than 4,200 daily vehicle trips per day, which is the estimated traffic generation if the subdivision is developed with light industrial uses. This project is planned to generate 560 daily vehicle trips. The existing transportation system will be adequate to accommodate the additional traffic generated by this portion of the proposed development with the requirements outlined within this report. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on the private road if the road is accepted as a public road for future development of this parcel. K. This application is scheduled for a public hearing by the Meridian Planning and Zoning Commission on September 10, 1996. The following requirements are provided as conditions for approval: Site Specific Requirements: Pave the full width of the private street(s) at least 30-feet beyond the edge of pavement on Overland Road with 15-foot radii pavement tapers. MCU2396.WPD Page 3 ~ ~ Provide a plan showing how the private road grade meets the public road. District Policy requires a design approach speed of 20 MPH and a maximum intersection approach grade of 2 % for at least 40-feet. Street name and stop signs are required for the private road. The signs may be ordered through the District at the cost of $115. Verification of the correct. improved name of the road is required. 2. ACHD does not make any assurances that the private road which is a part of this application will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. 3. Obtain cross access easements from the lots to the south for access to Overland Road. 4. If the private road is accepted as a public road, the driveway on Lot 5, Block 1, shall be no wider than 30-feet and constructed with 15-foot radii pavement tapers. 5. Construct a right turn lane on Overland Road at the proposed private road/driveway. Coordinate the design with Traffic Services Staff. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Development Services Supervisor. The request shall ~p ifi id n i each requirement to be reconsidered and include a written explanation of ~yhy such a req»irement wo»ld result in a substantial hardship or inequ~. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 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 ~ecifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the 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. MCU2396. WPD Page 4 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. 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. 8. 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. Conclusion of Law: 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 Development Services Division at 345-7662. $~P '_ 119 MCU2396.WPD Page 5 M CENTRAL C •• DISTRICT pR'HEALTH DEPARTMENT Rezone # DISTRICT HEALTH DEPARTPIENT Environmental Health Division ~EC~I~E~I CITY OF MERIDIAN Conditional Use # /~~r~y ~/~~~~ ~^~/~£N7- ~~"~~ Preliminary /Final /Short Plat Return to: ^ Boise ^ Eagle ^ Garden city S~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 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: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 15. ~'~ ~ ,,~~-jgC~jj L:EfTL~'~ ~o%(s ~~7`r ~T~'y Date: ~ / Z Z- /~ k E S~~ G F1 a S ~ ~ N oz- (3 E>EN R -Z~~D Reviewed By: _ lE~ ~~. S7v~,~,~~'l11~/~t~-.N~/T' ~''11~7t~i4 ~f ,,~-7~%'~cr~, (DHD 10/91 rcb, n.. I/9s Review eet CENTRAL •• DISTRICT . HEALTH DEPARTMENT • MAIN OfFiCE • 701 N. ARMSTRONG PL. • BOISE, ID 83104-0825 • (208) 375.5211 • FAX ~: To prevent and that disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our emironm 96-167 April 10, 1996 Mr. David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: Interstate Center Subdivision. Dear Mr. Navarro: Central District Health Department, Environmental Health Division, has reviewed the final plat on this subdivision and will RETAIN sanitary restrictions. Sanitary restrictions are to remain in force until engineering plans for the central water and central sewage facilities have been reviewed and approved by the appropriate authority. Sincerely, /,.sue ~ Thomas E. Schmalz, E.H.S. Senior Environmental Health Specialist cc: Tom Turco, Director of Environmental Health Martin O. Jones, Supervisor of Environmental Health HUD City of Meridian W.H. Moore Company Briggs Engineering Serving Valley, Elmore, Boise, and Ada Counties AQA /BOISE COUNTY OFRCE 701 N. Armstrong Piace Bose, ID 83104.0825 Ph. 375.5211 EtMORE COUNTY OFHCE 520 E. 8th Street North Mountain Home, ID 83641 Ph. 587-9225 VALLEY COUNTY OFRCE P.O. Box 1448 McCall, ID 83638 Ph. 634-1194 • ~ • CENTRAL •• DISTRICT ~' H EALTH ~. ~~~ . 0)315.52,, . fAX317 DEPARTMENT MAIN OffICE • 107 N. ARMSTRONG PL BOISE. 8500 To preu~nt and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and qualigl of our awirorunmt. STOIi1ViWATER MANAGEMENT RECOIVIlVIENDATIONS 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. i~ Serving Valley Elntoro, Boise, and Ada Counties t>~ i Ado / Ioia Counts OAke WIC eoue ' t~idon 9mae Counts Osee 13more e~h ~~ a Ord NeaOh f- VoMy Cou v.o. 8a~ 144e 707 K Annrua~p PL Id06 RotxYts ' 520 ~. tat, Streer K ID trlounfan Horne 1S0 S dp1 Street E McCd Q. 6J03t Bow. O. 63701 se. ID. Elo 83705 PR J34.1155 . . 63e47 PR 567.4107 ~~ Hane. ~. Ph 634.7194 ftwio. ttealh 327.1499 b 324 tderidon 83617 Ph. 567-0225 farniy PIOfYlna 327'7400 . . tnnx4Ytotbr~s 327.7450 1W6d2 Ph. 81b-6525 C 4'^ ' .~ w~,~ 4, ~,_:; ti :+.~_nls:>xd~r~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 3 September 1996 Phones: Area Code 208 OFFICE: Nampa 466-7861 Attn: Wi// Berg, City Clerk Boise 343-1884 SHOP: Nampa 466-0663 City of Meridian Boise 345-2431 33 East Idaho Meridian, /D 83642 RE: COND/T/ONAL USE PERM/T FOR FAM/L Y ENTERTAINMENT CENTER Nampa & Meridian Irrigation District's Kennedy Lateral courses along the south boundary of the project. The right-of--way of the Kennedy Lateral is 55 ft; 35 feet to the right and 20 feet to the left of center facing downstream. See Idaho Code 42- 1208--R1GHTS-OF-WA YNOT SUBJECT TO ADVERSE POSSESS/ON. The deve%per must contact John P. Anderson or Bi// Henson at either 466-0663 or 345-2431 for approva/before any encroachment or change ofright-of--way occurs. Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. A//laterals and waste ways must be protected. Al/ municipa/surface drainage must be retained on site. if any surface drainage /eaves the site, Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 343-1884 or 466-7861 for further information. The deve%per must comply with Idaho Code 31-3805. /t is recommended that irrigation water be made availab/e to a// deve/opments within Nampa & Meridian Irrigation District. Sincere/y, Bi/l Henson, Asst. Water Superintendent NAMPA & MER/D/AN /RR/GA T/ON D/STR/CT BH.~d/n pc: Fi/e -Shop Fi/e -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~r • • _- ~ ~ ~ 'Ha.~r~ia. & ~1~~td~a~z ~Inntga~ttaac Dia.~cict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 5 September 19 9 6 Phones: Area Code 208 OFFICE: Nampa 466-7861 Select Development & Contracting, IriC. Boise 343-1884 P . O . BOX 617 SHOP: Nampa 466-0663 Boise 345-2431 St. George, UT 84771-0617 RE: Land Use Change Application for Fiesta Fun Center Dear Select Development: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent W. H. Moore City of Meridian enc. ,4 ~- ~~r ~~ ,-: ~~ ~ ~~~~~ `tea . ~ ~., APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS • 40,000 09/16/96 17:57 09~16~1995 12:04 , FA% 18016 '' 961 SELECT DEV & CNT 38x1999 JJAP~JSEh£NTS Bumper Best and Go-Cart Assessment Report No. 019~P3 February 10, 1995 prepared Far. s~nRnts. ~c. A Cve~a d Yir MiAMi reseal POr01~i ~ Y~M4 a~4~ Y7l06 (~Wl ao~aw t~~atro Prepared By: Aooustech Consul~ncs 10731 Old Saybrook Drive San Diego, CA 92129 {619} 672.2043 102 PAGE B' Noes: No p^rt o1 ehis pubiicanon may b. reproduced, transmite~d, eransctlaeo, stored to a retrieval 8yseam or irensiaGe~i in soy ;sragula9s wkhout prior wril~en conssne df ddr.! Amusements, lnc. 09/16/96 17:57 FAX 18016 961 SELECT DEV & CNT 99/16!1996 12:04 .3941A99 JJAMUSEMENTS rw~ n ~ 03 Repon Kumber o19~P3 February 10, 1995 1.0 Purpose 1'he purpose of this report is to present the results of so~`eve~inessu~s for Hones GX-160 Go-carts and Honda BF 2 Butztper Acoustech rovided {791-A9, July 10, 1991 & 1091 A21, NaM1-. 1, 1991) by tad ~~~ ~ axasurenient results for A-weightedd sound levels and also ptov' operational track and pool noise for typical fun enter facilities, 'This report provides both A-weighted and octave band noise levels for stationary and moving carts and boats as measured at the Escondido Huish Family Fun Center on Sunday, February 2, 1995. 2,0 lest procedures and Conditions A-weighted and octave band sound levels of go-carts and bumper boats were measured under controlled test conditions az the Esc~~ndido Huiah Ferrril a Fl,arson- Center, F~coadido, California. All measurements were conducted using Davis 800B precision intiegrating sound loves meter at a height ~ 5 feet. Tb~ tetnpemture was q4° and the relative humidity, ?99b. 'Tests were conduces in the early morning. ~~ Stationary go-can't sound levels were measured at a distance of ten feet at cardidal headings {0°,'90 , 1 SQ , X70°) with a single cart operating at full throttle. 'The rear wheels were lifter off the ground by 112" to allow normal operation. Next, with t~+o carts operating on the track, integrated noise levels during pass- by was measured at a distance of 10 feet from the track center line. The carts were on a slight uphill grade at the measurement location. Carts were se1o~~ at random. B oer Boats Bumper boat sound levels were measured with the boat tied to the Pier and the microphone located 10 feet away. Sound levels were measured 8t three headings {front, back, side} with the motor ruriniag at fyi t t ottle. Next, ~+o bumper boats operating normally in the pool were measured at art average distanct of 10 feet. The boats were operated at full throttle undergoing rapid, tight-radius turns. 3.0 Results 't'ables 1 and 2 provide the results of the sound level measurements. Note that A- weighted values ate slightly higher than those measured Previously. The comparison is summarized below. t073t Ok! 9ayt'NOak Driro, Bon Disge, CalHorrwa pZ~29 7~phene 8 Fay (B`~ 6l~•a~3 09/16/96 17:57 FAX 18016 961 SELECT DEV & CNT 99!16!1996 I2: 84 3841899 ~ JJAMl.1SEMENTS Report Nutaber 019~P3 ~l'? .~ Zi v ~ N ~ m ~+ m F~ ED ~ [~ i~ R1 N ~ ~ ~ a N 'Q Q1 e~ O! ~ ~ ~ N ~D t~ ~ Cs 1 N @ 00 O ~O Q ~D 4D l~ L aD ~ N m ~' IA 1.lf O tip tD N Lf1 O ~ ~ ~ ~ ~ ~ GD M -- L+J LI'! ~ ~ ~ ~ ~ N ~- ~D ~ !L ~- Iti ~ ~ ~ ~ ~ ~ ~ N ti .--. n ~ ti m ~D p CD ~ O~ O O! ~ ~ ti ti ~ ~ ~ ~ ~ ~ t ~ 1° ~ a = O '~ '- ~ ~ C 3 R • V ~ o ~^ r ~ E a. ~e N .. Q ~ ~ N .~ 3 ~ ~ F- 2 N v 8 ~ r K l-. • f~j o ~ PAGE 04 Febn~a[y 10. 1995 ... ~ ~ ~ ~ ~ ~ O O N ~ ~ ~ ~ W c p ~ m ~ ~ h A e~ Nl A p ~ ~p tiD f~ i~ I.D 1~ p lh ~ ~ a! 01 O~ ~ Q vg 1~ 1- l~ tD 1~ I` ~ of N ~ N N O ~ A A ~ ~ !~ N Q r+ ~p ~Q p ~Q u'1 1!1 ti ~ ~ A r ~ ti ~ 41 A ~ ~ ~ ~ I.D ~ ~ ~ Aa~ tJ'f 1M W O o0, 0 ~ 6s ~ ~- ~ Oj ~ ~ m m ~ ~ ~ r N ~ ~ ~ Ri ~ ~ ~ tr} m ~ N ~ R! O ~ O df O O ~ m ~ m ~ O m ~ ~ ~ O ~ ~ ~ ~ a ~ ~ s ~' u (3 N 4 ~ 1 ~ ~ ~ ~ a ~ N }~ Q 10T31 Oid Sayaroek prior, Spn O~apo, Cafito~a X2129 Telephen~ ~ Fps (61~ 87Z-~0~13 09/16/96 17.57 FAX 1801 961 SELECT DEV & CNT f~Jj05 09!16!1996 12:04 3841699 ~ 3JAhUSEMETITS • PAGE 85 Report Number O 195-P3 February 10, 1995 3 A-Wei~ht~ Soas)d Level Csasnparisoa (al! at loft.) 2S Oct. 91 2'131iste 91 2 ~- ~ ~° 8~~ HandaGX-1f~ ?S•'T1 [u S+L.b n) (1) i cast dtiYS~by Si.l ~) l'~)1 ~• T (3) 2 casts. donv~by 8+impa Bows ~Iaoda HF 2 72 3 (a) 75,6 ~) (6) I boats. inv+'in~ ?93 E6) (~ 1 boat, stadootori' (6) 2 boots. mo+-~ • s~- to-2 'n-~ rn ~ Cn 1 boat's, mosio~ s avg d 3 ss~rgof2 Note that the go-cart sound levels were slightly higher than those measutetl previously. The exact cause arf this is unknown. Possible explanations include the following: 1. The previous nts of carts on the track nosy not have ~iways been at fuu thYOttle ~. age of carts produces wom mufflers and more mechanical noise 3. track grade slightly different 4. exact distance to carts slightly variable on moving carts as compared to stationary The bumper boat noise levels were also slightly changed as compared to Previous messvremertts. Possible explanations include: 1 _ The previous measwrem~nis of boats in the pond may not have been at full throttle 2. age of motors 3. slight vasisaons in distance Probably, the typicat A-weighted sound levels which would be experienced at a fun center facility would tend iowatd the lower measured values. F gore 1 provides a nomograph for estimating the worst-ca~e_ A-weighted sound levels as a #unction of the r-umber of carts and the distance to the center of the track to an external boundary. No excess attenuation due to terrain, buildings or perimeters has been considered.. Calculation of f3xpected distant noise lt~-el3 due to vehicles must include the above si[e-specific sffecrs snd should be aeternrined by e qualified acoustical engineer. Figure 2 provides a similar graph for bumper boats. !Oi'31 Ofd saybroak prnrs, Seri DtsDa t,.alitornlt t#2129 Telephone 8 Fax (6t8) 6T2~Qa3 09/16/96 17:57 FAX 18016 7961 SELECT DEV 8c CNT 89/16/1996 12:84 3841899 JJAh+OJ~4Eh~~ITS • Report Number 4t95-P3 ..a .~ r+ L 4 ti ~D a {~*)8P'leA~'i ~~~d Pu~~S PACC~ e~06 Feb~vary lo. 1995 g ~ss R~ N N OD 10737 dd Saybrook Drh~, san Diego, CaUlon+ls B2'120 Tibpi+ono 8 Fax (et ~ a72-~ 09/16/96 17:57 FAX 1801 961 SELECT DEV & CNT • 09!1611996 12:04 3041899 JJANhITS Repeat N~aabdr 019rP3 5 @I 07 PAGE 67 10. 1995 g ,9i ~"~ .~ 0 V ~. ~~ g N ~j ~Y L N E 4 N 09/16/96 17:57 FAX 18016 7961 SELECT DEV & CNT 89/16/1996 12:24 3941899 • JJAMUSEMENTS f~ 0 8 PAGE 81 FEbNary l0. 1995 Report 1~umtsst 0195-P3 e Figures 3 and 4 illustrate the octave bend noise lebroad fb~nd ~g ~~ ~~ bumper tx~ts respectively. Both. graphs exlub! ~ and ~~ frequency band. Spectral c~~th~rottle soenaiio. Daybed lines and represent a worst-case full uare laws ag• re resent the lU foot data. range-corrected for inverse sq P~ P adding iQ times tie Noise levels for multiple carts or boats are estimated by logarithm of ttre number of carts (a) m the sound level of one vehicle; that ls- SI~-(n ~da~) = SPL tl vebida) + 10 (n vehicles) This equation is based upon incoherent addition of sound levels from multiple vehicles. As described previously, c$ieuiations of octave band sound levels at distant boundaries must take into account site-specific sound. propagation effete such as terrain, buildings and batriers. Octave bead and A•weighted areasutenne r actual o nduc~ oond~ztions where ensure uniformity of measurettrents. Uncle per~ati carts and boats rrmy have had various throttle settings, one could expect between a 3 dB and 8 dH reduction in sound levels. Thus, the octave band data provided may need to be reduced by this amow-t, plus any excess attenuation due to site- specific topography and walls in order to yield en accuram estimate of true far- field noise at a fun center or3~ as sayoeaek tlrlre. ~+ dege. Capbmla 92120 Ti1ao~+one i Fns (61 ~) e72-7043 09/16/96 17.57 69!16/1996 12:24 Report Number 019~P3 v ~~ ~~ O y~y- 1~'~ T~ i FAX 1801 961 SELECT DEV & CNT~ 3841899 ~ JJAML~NTS 7 f~ 09 PAGE 02 Fe'bRUaty 10, 1995 s~~~ 0 .. t / ' . / ~ / ~/ J ! 1 ~ ; ! y ~. 1 i f ~ / ' / r r i 1 I 1 I' ~ ` L ~ ~ R $ ~ ~ ~ ~ (ed+~ OZ a16R) ~w-a~ alnczo~ PODS 10791 OIO SayL1100k Drive, Sen pleso, CeYlernls 921 ~ TalapFlOna 8 l~sx (e19) 572.2043 .. a e a~ ag ~' A ~i'3 !~ i~,i 09/16/96 17:57 09/161996 12:2a ._. _ . Repxt Number O19~P3 FAX 18016 7961 3041899 SELECT DEV & CNT~ .IJAMIISEME~LTS e ~I 10 PACE H3 FCb~uary 10, 1995 .Q 0 ~~ ~~ z ~' ~4 E N m K~ ~~ ~~ .. 0 10731 [Md Sar~eeek Odvs, San loge, C~IIoR+Ia 92129 Tlsbphans 8 I~iu 1d1S1 E72.2~.1 a (~ OZ ~~ 9P)1~~ a.n~wld punos • ~ Meridian Planning & Zoning Commission October 8, 1996 Page 14 MOTION CARRIED: All Yea Borup: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Shearer: Second Johnson Moved and seconded we pass a recommendation onto the City as stated by Commissioner Borup, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A FAMILY ENTERTAINMENT CENTER BY SELECT DEVELOPMENT AND CONTRACTING INC.: Johnson: Any comments regarding the application for the family fun center. Shearer: 1 have no comments on the findings. Borup: None here either. Johnson: Entertain a motion for approval of the findings of fact? Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions. Borup: Second Johnson: Motion to approve the findings of fact and conclusions of law and second as prepared, roll call vote ROLL CALL VOTE: Borup -Yea, Oslund -Absent, Shearer -Yea, MacCoy -Absent, Johnson -Yea MOTION CARRIED: All Yea Shearer: Mr. Chairman. I move the Meridian Planning and Zoning Commission hereby recommend to the City Council of the City of Meridian that they approve the conditional • • Meridian Planning & Zoning Commission October 8, 1996 Page 15 use request by the applicant for the property described in the application and the conditions set forth in these findings.of fact and conclusions of law. Borup: Second Johnson: A motion and a second to pass a recommendation onto the City as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING CONTINUED FROM SEPTEMBER 16, 1996: REQUEST FOR ANNEXATION AND ZONING TO C-C BY CHERRY PLAZA ASSOCIATES: Johnson: This is a continuation of a public hearing, do I need to re-open it? Crookston: Yes Johnson: I will re-open the public hearing at this time. Is the applicant or a representative from Cherry Plaza Associates? Would you like to come forward and address the Commission please. Chris Beeson, 840 East Curling Drive, Boise, was sworn by the City Attorney. Beeson: I apologize, our engineer was going to be here tonight as well, I don't know what has caused his delay. Johnson: Well he just figured we would be here all night. Beeson: In early this Spring Albertsons and my group made and application to the City Council to subdivide or do a lot split on our Cherry Plaza shopping center so that Albertson's could own their parcel separate from the rest of the other one. The City Council at that time endorsed our application to do that and directed that we follow that up with a subdivision application. At the time we were doing that we also discussed with staff that the parcel in the rear of the shopping center was an out parcel and it would be an appropriate time to bring it into the City just to get rid of the infill parcel. We don't have any specific development plans for that parcel at this time. We are just getting it zoned and leaving it there as a lot. The main purpose of our application is not to construct any improvements but rather to reconfigure lots in a minor fashion between the Albertson's parcel and the shops parcel so that they could also own frontage along Fairview Avenue as opposed to just the frontage on Meridian. So, that was the basis of our application. We have worked with staff, we have prepared a response to the staffs conditions and ~ ~ MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: OCTOBER 8.1996 APPLICANT: SELECT DEVELOPMENT AND AGENDA ITEM NUMBER: O CONTRACTING INC. REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A FAMILY ENTERTAINMENT CENTER 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 ~ ~j~ ~f~~ ~~' ~JQ G~f~ red ~ S~~~I has OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • Meridian Planning & Zoning Commission September 16, 1996 Page 40 Johnson: We can do both if you want, let me confirm, is there anyone here for item 15? Okay we are incorporating 14 and 15 in the motion, ail those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: REQUEST FOR A CONQfTIONAL USE PERMIT FOR A FAMILY ENTERTAINMENT CENTER BY SELECT DEVELOPMENT AND CONTRACTING INC.: Johnson: At this time I will open the public hearing and ask that the applicant or a representative of the applicant address the Commission.. Becky Bowcutt, 1111 S. Orchard, Boise, was sworn by the City Attorney. Bowcutt: This is a conditional use application for a family fun center it is on the property owned by WH Moore Company that adjoins Interstate 84. This is Interstate 84 right here and if you go further south that is Overland Road to the east is Kuna Meridian Road, on our west boundary here is Mountain View Equipment. Let me show you this to give you a little ,better idea. This is the Interstate Center plat that came through the Planning and Zoning Commission not too long ago. We have done construction plans for the project and are proceeding forward with the subdivision. This particular project would be right here on this lot 5. So it would be tucked right in here. We are building this to ACRD standards with curb, gutter and sidewalk (End of Tape) additional roadway however it will be constructed in the second phase. Sewer is available right here, there is a sewer trunk line that we will be picking up and bring up here and pulling into the streets and water is available here we will be extending water down Overland Road to the western boundary and then pulling it down into the subdivision. This project has gone through Ada County Highway District, they have reviewed it and have made comments and done the staff report. Just to give you a brief little run down it will have a go cart facility that is right next to the Interstate 84. It will have burc~per boats, miniature golf facility right here. We have this 14,400 square foot building here that will have arcade, snack bar, little party rooms, it will have offices associated with operation of the park This facility right here is a batting cage, there is also a shop facility for maintenance. There are little kiddie bumper cars for small type children. Little kiddie electric cars here, there will be benches and planters. This area here will be concrete and then they have an area here for future expansion. AT this time they plan to have that grassed and have picnic benches and so forth. All of the traffic will enter right here at the top of this culdesac and then They have a parking facility here. They have allocated handicap spots and substantial parking areas. This will afl be paved and striped according to the code. They have dumpsters that will be screened, there are two on each side here and here. The exterior here will be landscaped along track and then they will have landscaping here so we will have landscapiing along that Interstate corridor. • • Meridian Planning & Zao~irtg Commission September 16, 1996 Page 41 They have provided for ~dscaping along their perimeter here internally within in the subdivision. Estimated time for construction will begin probably on the utilities in about 60 days and they hope to be open in the spring. So weather permitting we will try to get this open as soon as possibly I read through staffs comments, I think there was one question in Shari's comments what were the hours of operation. On weekdays the hours of operation are 10 a.m. to 10 p.m. and weekends it is 10 p.m. to midnight. Mr. Fulmer is here from Select development, he can answer any questions that you may have on the specifics of it. They have milt many facilities just like all over the country. They are out of Utah and I submitted pictures,. t don't know if Shari provided those for your review. But on the packet I submitted pictures of what the facility would look like. The ponds internally in here, these are (inaudible) they are chlorinated. The bumper boat pond is also self circulating system. Do you happen to have any questions that I could possible answer and then I will turn the podium, over to Mr. Fulmer for questions. MacCoy: I am just curious the land that is down below this that you have shown here is that yours? Bowcutt: Which land that is down below, excuse me? MacCoy: South of the pra~erty Bowcutt: That is part of the Interstate Center, really our only neighbor, this is the lot right here, our only neighbor would be Interstate 84 and Mountain View Equipment (inaudible) I think they have a shop that has a rear entrance (inaudible). MacCoy: I am just curious from the standpoint of what is going in there because you have the thing all detailed out_ Bowcutt: I brought some elevations if you would like to take a look at these of the building (inaudible) as you can see it is kind of an attractive building with (Inaudible). We have submitted detailed plans on the ponds and this is a detail of the inside of the building. As you can see there is a video arcade, there are little party rooms, there is a snack bar (inaudible) it is oriented Toward family entertainment. Jeff Fulmer, 895 Escalante, St. George, Utah, was sworn by the City Attorney. Fulmer: Are there any questions? Johnson: Does anybody have any questions? Crookston: Are you going to operate throughout the year? ~ ~ Meridian Planning & Zoning Commission September 16, 1996 Page 42 Fulmer: Yes we are planning on opening the amusement side, actually we will have the whole facility completed hopefully by May and we will end up shutting these amenities down November December for about 2 to 3 months. In a similar climate, the miniature golf will stay open year round and as long as we don't have too much snow. Johnson: Is your firm the operator as well? Fulmer: Yes, the little brochure that I gave you the pink one, that was actually our first facility that we built for ourselves in St. George, Utah. The very back of that shows a picture of our building which is going to be similar. to what we are building here. That construction was actually done out of block and we are going to do this out of (inaudible). Crookston You spoke about your batting cages are you going to try and operate those year round too? Fulmer: If the demand is there, right now we will kind of play that as we go. We would like to keep it open year round, we keep St. George open year round. But the arcade and the restaurant will definitely be open year round. Johnson: Any other questions? Borup: You have a future area there, do you have any concepts in mind of what might be going in? Fulmer: Not necessarily, things in the market kind of change and we are just going to keep that available. We may do an expansion of the building if we want to enlarge the arcade building. Right now we wilt do grass and we are planning to do a patio in here for company parties to accommodate two to three hundred people in a group. Basically just a soft area, we don't have any plans in the next three years at least. Johnson: Anything else? Thank you very much, this is a public hearing would someone from the public like to address the Commission at this time? Carol Lotspeich, 1032 E. Cayman, Meridian, was sworn by the City Attorney. Lotspeich: I would like to know, is this going to adjoin Mountain View on the West and if it is going to be in that area from Mountain View east toward Meridian Road because we own some property there. I would like to know how noisy it is going to be. But see I can't from this (inaudible) okay that is one thing that I wanted to know. Another thing I would like to ask is I used to live in one of those houses across the road from there and the traffic from that street is so terrible that it is even hard to get out of a house. Now, how are you • Meridian Planning & Zoning Commission September 16, 1996 Page 43 going to adjust for all of these cars going down Overland. Because trust me the traffic there is really bad. I would like to know how noisy it is going to be and how much, how bright it is going be. I would like to know how noisy it is going to be, and how bright the lights are going to be. Johnson: So far I have got, does it adjoin Mountain View, noisy, what the traffic is going to be and the congestion and how bright the lights are going to be, is there anything in addition to that? Lostpeich: Not that I can think of right now. Johnson: Okay, you think about it and we will try and get you those answers. Is there anyone else from the public that would like to address this? Okay, Becky either you or Mr. Fulmer, if you would like to address the concerns there as much as you can at this point we would appreciate it. Bowcutt: I think I can address the issue of traffic. Ada County Highway District has reviewed this. This type of facility doesn't have your standard peak hours that other residential and commercial type uses have. Therefore they did not require a traffic study because it just will not generate enough to warrant one. They have asked us to construct a decal lane or a right turn bay on Overland Road. So we will be expanding that section of Overland Road at the entrance. We will also be piping the Kennedy Lateral in conjunction with our construction therefore allowing for future widening of Overland Road. That section of Overland Road west of Kuna Meridian Road is not within the five year plan at this time. The east side is within the five year plan. Fulmer: As far as the lighting, all lighting is projected downward and we will have about, I think the candle power is about 17 so it is going to be fairly well lit but not real bright and everything is pointed down. As far as the sound is concerned, I have some information on the decibel readings on the go carts. They are a new cell go cart wrath a 5 horse power honda engine on them and they are very quiet on this go cart track with the berm and the elevation from the building I think from the south bound you will hear the Interstate over any attractions that we have going on there. We don't have any outside speakers or any loud music that is going to be playing other than some background music in the miniature golf course area which will just accommodate the scenes and the water fall areas. Johnson: What are the readings, you said you have some readings? We are really into this stuff so we want to know exactly what it is. Can we have a copy of this then? Fulmer: Yes • • Meridian Planning & Zoning Commission September 16, 1996 Page 44 Johnson: If you don't mind I would like that for the record, it doesn't make any sense to me but it will to somebody. And was it close that it adjoined Mountain View's property, that was one of the questions. Fulmer: Yes, as far as the elevation of the property, I might be corrected if I am wrong but up towards Overland Road I think we started about 35 and we are down here at about a 10 so there is about a 20 foot drop from Overland Road. So the chances of any light coming back up that hill are remote. So we think we picked a great location in a commercial area that is down towards the interstate. If anything the noise of the Interstate will be louder. We are excited about it. (Inaudible) Johnson: He wants to know if you are going to construct a foot bridge over the freeway. (Inaudible) Fulmer: We are excited to be in town, there is myself and two other partners are moving in town, we are moving our families and are going to relocate our construction company that we build these parks all over the country. So this is going to be our new home. We have hired a manager to continue to run the center in St. George. Johnson: In your other facilities have you had to alter any of your lighting from original design to the last one you did or do you find those to be fairly acceptable with the downward, because you need the illumination for the profile. Fulmer: The illumination on the batting cage and the go cart track will be the brightest, the miniature golf course is done with overheard fixtures which are 250 fixtures that are, it is a lot dimmer than what you would find on (inaudible). Those will probably be about a 10 candlel-.ower. Lotspeich: What is in this area in the white area between, is this going to be parking or some other kind of development? Johnson: Maybe Becky you can show. her that on your diagram as best you can. Lotspeich: I am just curious I am excited about it too, it sounds like (inaudible). Is this going to be developed commercial is that what this is. You don't know (Discussion Inaudible) ~ • Meridian Planning & Zoning Commission September 16, 1996 Page 45 Bowcutt: This will probably be like either office or other commercial developments on each lot. We can't tell you specifically what is going to happen, it depends on what the buyers Lotspeich: I am just curious to know because we own these houses over here so it is hard enough to get out of those now I just was wondering how much traffic would be generated by it. Bowcutt: We are going to do a loop eventually here so then it will have more than one egress and ingress. Johnson: Is this the same property that was originally or at one time was destined to have Cineplex on it or is that adjacent property? (Inaudible) Johnson: Any other questions? Anybody else have any other comments before I close the public hearing? I will close the public hearing at this time. Shearer: Mr. Chairman I move that we have the attorney prepare findings of fact and conclusions of law on this conditional use. MacCoy: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Shearer: I move we adjourn. Oslund: Second Johnson: Motion and second to adjoum, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 10:24 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ~ ~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: SEPTEMBER 16.1996 APPLICANT: SELECT DEVELOPMENT & CONTRACTING AGENDA ITEM NUMBER: 16 REQUEST; PUBLIC HEARING• CONDI110NAL USE PERMIT FOR A FAMILY ENTERTAINMENT CENTER AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: I ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION SEE ATTACHED COMMENTS : SEE ATTACHED COMMENTS ~ SETTLERS IRRIGATION: ` '~ IDAHO POWER: ~" US WEST: P INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: 1l ~" OTHER: ~ Materials presented at public meetings shall become property of the City of Meridian.