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Stewart, Kelli CUPWILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • • C E BERS HUB OF TREASURE VALLEY COUN IL M M A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 KEITH BORUP 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 recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Witl Berg, City Clerk by: February 4, 1997 TRANSMITTAL DATE: 1/22/97 HEARING DATE: 2/11/97 REQUEST: Conditiona~Use Permit for a full service salon BY: Kelli Stewart LOCATION OF PROPERTY OR PROJECT: 408 East First Street, corner of Ada and First Street JIM JOHNSON, P/Z MALCOLM MACCOY, P2 JIM SHEARER, P/Z GREG OSLUND, P/Z KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: ~~l 1 ~ , ~~ i ~) 0~. ~.-~-' PHONE: ~ ' C7 ~I ~ , / ADDRESS: L''1~~ ~ - 1S~ S~ ~e.f ~~1 Ct,~t~ ~~ ~~j~~ GENERAL LOCATION: l,~'~1~LR ~~ O~C~ ~'. old 1 S~ S-~, yD$ E. ~rs~" DESCRIPTION OF PROPOSED CONDITIONAL USE: I"Gt ~~ ~rU~~tF ~~pr. !.-~/Twa `~S%G-TIUV~S /(eCtr I ~{~CMrL'r`/A'n C1s.~ ZONING CLASSIFICATION: C.'7~T PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). I certify that the information contained herein is true and correct. Signatur of App ' ant p~ q Social Security Number ~1~ ~ / ~J' r~0 ~ I LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _. m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUi3DIVISION, BLOCK ,LOT TO • • ~ ~a.~tc~ S~ec~cv~ ~haue. been. a. C9a~ru~su cuv c~e~ ~~o.~ Qizea~ ~ ~e.cc~- ~a2n, . CUcedv y'r~iu~ua,~ S~ ~~au~~ ~ll i~hc~ t/u~ Q~u [L ~ UzC~ a.U ~s~~t Qu G~ c~u.~.C c,o-e~u~~~ce~ t,oalan . ~ Gv~cCc~ c~ ~ ocun. Cam/ a2pera~e, G~ v~alcn. a~ ~/D ~ ~' /.S~ .S~ cciv ~owrr~'- ~'YarcJ ~oal~vl, Gv ~ Pofvxa~ A~- c~wo c./'tllck~ l~~triQ, (D~d~Q~ Q ~-17QLQ~(~fC/uu~Cl~tu,J 1L c~u.~ alao C ar~u~ ~G~ c,dcu_c ~ U~.e.tCt~ ~u c.t,~ l c~!c~ri~~~?~G~ ~,rrx_~,,"CC4~rz, aru/ ~v Cal~¢ ~ t~a~t~ (~o c~~n~, Cc~nvrc`cru~ u~G~C~ l.~A ECG . ~~° ~~ ~Cc/~~ l0~ ,1997 ~ ~`~ ~~~~ a~ ~ ~~ ~~ ~3 ~w ~~..~~~~a~~ ~~ ,, , , • STATE FARM ~ A DAVID HERNANDEZ INSURANCE Auto-Li fe-Health-Home and Business 416 E FIRST ST. OFF. MGR. GAYLE MENLOVE MERIDIAN, ID 83642 PHONE (208) 888-1711 January 06, 1997 To Meridian Planning & Zoning, Dear Sir, Kelly Stewart has my permission to make changes as required to the property as required at 408 E First Street, Meridian, Idaho. Thank you, ~ l~ Robert C. Van Houten .~ 3 G' C/4 7~e~ /r-r n~ ~/Q ~4?l~ l,~t, ~lcli><1~ //,fit 7dI ~t J,~t 1dl ]i~( Jf ~7Llt )(~~(?1J(1U~Id(1~(1,('j(,1Q(14~ 1(,7 t~,l l(i~ ~! >rr! Ul\1G! >~S>~C ~i7.14Y l~~ 1Ci~ l0! ll1'.14~ T4! lG1gi~ dL~ !~.&~i.~ir4~ . v F.~ ~ r, ~ WARRANTY DEED ~` ~ ~::°. ~ ~ ,~8~~ ~~ ~ y ~~ ,• . C M V ~~ ~ 1 ~. y~ FOR .VALUE RECEIVED n~. ~ L1i0N R. TAYLOR and NORAfA G. TAYLOR, husband and wife, ~ ~~ ;„ ~,., ~.~ the Grantors , do hereby grant, bargain, sell and convey unto ~ t ~ ROISERT C. VanHOUTisN and JETtKIh ti. VanilOUTIsN, husband and wife, ~ ~ r I r the Grantees ,whose address is 2536 Autumn Way, Meridian, Tdaho 83GG2 ~-t ~ ~ 7 `' C the following (lescribed premises, to-tvit: #~ idi ' ' a an, s Addition to Mer ].1 of Lots 11, 12, and ].3, iliock 5 uf. Bower A C accord:in}; to L•he oCf.Lci:nl. plat L•hereof recar.ded In Lroolc 2 of Pl.nt:; ~" ~ ~ at page G2, rrcords of. Ada CounCy, l.tlaho. ~;j S ]] ~'ti ~~ 1 ^ ~y i L.. ~( ~~ ~ ~V i C^ L~ ~~ }~~ K ~ ±i - TO IfAVI•: AN1)'1'U IlO1,U the said premises, will, their allpurtanances unto the said Grantees @, their heir's and assigns forever. Anti ihr .raid (r rotor s do hereby covenant to ~. and with the said C~rantce s ,that t hr y ar.c the owner ~in fee simple of said premises; that ~~ ` said premises arc free from all encumbrances except rc~ervat_lons of. record, casements of ~ 1 record, irrif;ation assessments and ~,EI1Cr.a1. t'txcs f:or the ycnr 1981 anti ~ subsequent years, which are ].ions but' not yeL- due and payable Z: ` ` and that they will warrant and defend the same from all lawful claims whatsoever. ~;~ ~ k: Dated: August 31, 193].. ~~ con '1 0 ~ ~ ~ 1 l -T C ' or r: ay , rma . ~~ as STr\l'f: OF IDAl10/COUNTI' OI' AAA On this Is( dny of SrptCn7bCr 128.1. , before mc, x.notM1ry public in and for sold SUUe, personally xplienrcd.' .i110,ti L•".(TA'iLOlt .and ' I : ~ 50R1~;A `~ Y :G\YLOR j i ""` known tb me to Uc the persorrc; who 5:e name s arc i subscr•ibcd "tq the within instrument, and ncknowledQed to I ~a . ''• theY~~ -. xec red the s m;. A ~:. ~/~i'~~\ Nolnry( 1'u die idinRnt I3oi.se ,Idaho 5'I'.\TF. OF 111AIIp, CUUNTS' OF Cr~-~rZ, I hereby ccri.ify lhnt this instrument wnsfiled for record nt the request of p~ONEER TITLE L'(t. nt :~ L~ minutes pail ~~ ,~-~, o'clock (Z m., this ~ dxy of y,\XJ-y, 19 ,) ~ in my olllce, xnd duly recorded in Book of Uceds nt pn{fc .'wl ~ ~F,x-O(`lic~io Recorder y._ - ~ i)cpuly. o~ Fees S ~~ ~r C Comm. @;xpiren Apr.{.1. .L, 1.983 ~ ~Tnil ln: ~' ~~ ~ ~~ PIONEER TITLE COMPANY ~ ,-,~ OF ADA COUNTY `„ ^~ 7110 W. Jcllenon SL ~. Bono. Ideho 89702 209 744.6515 ~? ~~~ Repretwnllrq Plonesr Nelbnel Tllle Ineunnee Z; ~~ 111 l •t^l i^( i^l't^! iSI( i4l ~r7(i7(17(, ir!! ~^! i^! i^! 1 li "i: G'i~l ~~F )7( I~C 1~(1~ I~F )~(' )~(1 o G 1~ 7~/ 1~ )~( 1~1( 1~( l~( 1~(1~( 1~( hf In( 1~l 1~f lh( 1~/ lw( 1~1•' L iv'". )<~" 1 ti rg' -~~~. ~w~ • ~ t ~~- • =! W1/4Sec.07,T3N,R1E ,~ R _r0420 Meridian Id 83642 Jack iz Dawn stuck 1295 McMillan s.d. 81039000405 81039000390 Meridian Meat & Sausage Inc. 119 E. Bower Ave. Meridian Id 8364; 81039000385 Tina M Trebilock 425 E. 2nd Meridian Id. 83642 81039000380 Margrc Colson 9435 Overland Rd. Boise Id 83709 81039000330 Ivan & Susan Fry 2777 Cherry La. Emmet Id .83671 81039000340 Richard & Marcia Davis P.O. Box 205 Melba Id 83641 81039000360 81039000315 Meridian Automotive 505 E. 1st Meridian Id 83642 81039000155 Terry & Reene Stewart 3867 N. Columbia Rd. Nampa Id. 8368' 81039000175 Steven & Kay Nesmith 4544 W. Kuna Rd. Kuna Id .83634 81039000290 Tate Scafold Inc. 2923 W .Idaho St. Boise Id. 83702 81039000280 EOrup Construction Co. 38 E. Ada Ave. Meridian Id. 83642 81039000005 81039000015 Dale & Violet Blake P.O. Box 57 Star Id. 83669 81039000025 Lawrance Slay 2911 Lemhi St. Boise Id. 83705 81039000525 Leon & Ida Gingrich 1712 9th St So. Nampa Id. 83651 81039000510 81039000492 81039000497 81039000550 Shirley Person 10409 Estate Dr. Boise Id. 83709 81039000462 John Dominick 122 E. Ada Meridian Id. 83642 81039000450 Danny Fisher 116 E. Ada Meridian Id. 83642 81039000467 Jennifer Evans 130 E. Ada Meridian Id. 83642 00485 .2nd Meridian Id. 83642 810390 Larry Kelley 403 E 81039000475 Arther Campbell 413 E. 2nd Meridian Id. 83642 • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City 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 7:00 p.m., on February 11, 1997 for the purpose of reviewing and considering the Application of Kelli Stewart, for a Conditional Use Permit for and located in all of Lots 11, 12 and 13, Block 5 of Bower's Addition to Meridian, Boise Meridian, Ada County, Idaho, and which property is generally located at 408 East First Street, corner of Ada and First Street. The Application requests a Conditional Use Permit for a full service salon with two styling stations, nail technician and massage therapy room. 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 sha11 be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 24th day of January, 1997. WILLIAM G. BERG, JR., TY LERK ~ ' ,~„ . ~, ~ ! ,I I 1 W`l~N ~ ', ± ~ ~ jl - - -- ---~ y -----~ -- - --- -._ _ __ - Y . `-~- - - ----- -_ -, ~- -rt - - ~, _ __ _ - -. _ _ __ /f~ zc "' G~L.A1~'ROS Sly. = ~~~--~-~~~ ;,o- ,oo 4 -_--~ ~-..- C o N -7 r --7 ~" - --- --1 ---~ --- - r _- ' -- - --- ,£ - ~- J _--, N -~ ~ ___. o ---~ _ _ ~ ' rn ao ~' ~L ---- _ ~ - ~ _. _. -_. ~ - -- 1 _ ' _- -• ~ --. - - --- -- b ~--~~ ~ ---- _ __. ~_'° ~ _ _ _ _. - -. ~ _ --1 1 ~ _ __ -~ - -- _ e ~ N -- a - e - -~ ---- •.; -----~ ~ _ 6 - yr- , ~ , ,..._ -._ _~ ~s ~_ M ~ . } s ' y .z ~. S 80' i ':. ~ir11 ro S V ~~- j~ 9 O rl~rt-4 _ S _. _ ~.{ ~ 6 S 1z ~. - m . ~ \ .~ ~ ~ ~ M ~ I ~ I I ~ ~ w ~ v+ ~ ~ i r ~._.. ~ °~~; O ~ i ~ - 3 ~, m y ~ ~ ~ _ I -~ ~•\ ~ -~ o I ~ I I ;J /1~ W ~ Z~ I J --- ~ ~ 75 I m - N W ~A U~ ~ ' O J ._/ E. 5th. AVE. A 4 ~ i i 1 ~~~~ ~F v '~ • ~{ , ~ N U~ ~ P w N 0 m ti N ~ N N I ~ N O W m -~ ~ o z ~ W 80 ~~ ._ °-3 ,~:~~ ;,--, ,o /, ,o ~ 2 0 ~ _ ~ O ,' / a ~ E, ~ i r ~-- -- ~ ~ i __~ F-- r_ ~~ a i ~-- _~; ~-_ ,ao. ~ ~~' _i ;aa~ i,3 1846 ~ 20 o / ~_ E. .,, I 12 ~ .~ . ~ ..__.. ~ . ,~-t - -- ;~ ,~ ~ ' ~, . ~~ h` S ~ Meridian City Council March 18, 1997 Page 24 Simmons: Mr. Mayor and members of the Council if I might address that. It is my understanding that the additional right of way, where you see the jog we show a 30 foot setback was granted and perhaps that is on the construction set that staff is looking at. That is where the additional right of way was added and requested to allow for the intersection expansion if it ever happened. Staff at our first meeting on November 6 recommended that we touch base with ACRD and in. fact we would agree that if they need the additional right of way along the west side of the property we will work with them and provide that if they really want that, the owner did not have a concern with that. So we don't have a problem if that is a condition. Smith: Mr. Mayor, I think in looking at the plans that the consultant had drawn up for the construction of Cherry lane Road. Where you see the 7 foot dimension on the architects drawing, from that point out to the centerline of Cherry Lane Road is 33 feet. Where the 7 foot jog then the dimension to Centerline of road is 40 feet. So if another 5 feet was purchased for the section line road that would decrease the setback to (End of Tape) Corrie: Any further questions? I think I asked before but in case I forgot is there anyone else from the public that would like to give testimony here? Hearing none I will close the public hearing, council discussion? Rountree: I was just going to ask what is the setback for a commercial lot is it 20 feet? Crookston: It depends on what zone it is in. Stiles: The front setback for a commercial zone-would be 15 feet. Morrow. Mr. Mayor, I would move we instruct the City Attorney to prepare findings of fact and conclusions. Bentley: Second Corrie; Motion,made by Mr. Morrow, second by Mr. Bentley to instruct the City Attorney to draw up findings of fact and conclusions of law for the April 1~ meeting, any further discussion? Hearing none all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE SALON WITH TWO STYLING STATIONS, NAIL TECHNICIAN AND MASSAGE THERAPY ROOM BY KELLI STEWART: Corrie: Ketli, would you please come up and give us a little background? Meridian City Council March 1 S, 1997 Page 25 VanHouten: We have applied for' a conditional use permit and would answer any questions that you might have. Rountree: I just ask if you have had an opportunity to review the findings of fact and conclusions of law that have been prepared and if you are in general agreement with them? Van Houten: Yes I received those today, I don't have any problem with that. There are some minor changes that will be made (inaudible). Corrie: Any further discussion or questions? Bentley: Question for staff. Corrie: I guess we don't have any questions, but we have some for staff, so stay close. Bentley: I would like to ask staff if they have any comments on this application? Stiles: Councilman Bentley, Mayor and Council, I don't find my comments in your packet and I am not sure whether I had some comments on this but I would like to add that and I have discussed this with the applicant, we don't want to see any of those A frame signs sitting out in front of .the building that they will all be permanent professionally done signs and not the temporary type that has been occurring many places throughout Meridian. And also to let the applicant know that the massage therapy person does need to be licensed through the City of Meridian. Stewart: (Inaudible) Stiles: The City of Meridian does have a specific license for massage therapists and that is done through the police department there is an application that needs to be filled out and it is a separate licensing procedure from this conditional use permit. Stewart: (Inaudible) Corrie: Any further comments or questions for staff? Hearing none I will entertain a motion. Morrow. Mr. Mayor I would move that we adopt the findings of fact and conclusions as prepared for us by P & Z. Tolsma: Second Meridian City Council S March 18, 1997 Page 26 Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to accept the findings of fact and conclusions of law as prepared by the Planning and Zoning Commission, any further discussion? Roll call vote ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Approval of the findings of fact and conclusions of law adopted by Planning and Zoning. I will entertain a motion for the decision and recommendation. Morrow: Mr. Mayor, I would move that we the City Council of the City of Meridian 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 or similar conditions as found justified and appropriate by the city Council. That the property be required to meet the water, sewer requirements, fire and life safety code requirements, Uniform Fire Code, parking, paving and landscape requirements. P &' Z requirements and all ordinances of the City of Meridian. That the conditional use should be subject to review upon notice to the applicant by the City. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to accept the decision and recommendation as read, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: REQUEST FOR A CONDITIONAL USE PERMIT FOR A PROFESSIONAL OFFICE BUILDING BY JAMES KELLER AND REID OLSEN: Thurber: My name is Ronald Thurber, architect, I am the architect for the Keller and Olsen. Mr. Mayor and Councilmen the application before you shows a conditional use permit for a new 10,000 square foot office building, professional office building for Keller and Olsen in a brand new industrial commercial park just west of town the Troutner Ballantyne park. As it is zoned commercial going in with a professional office we do need a conditional use permit. In the design you can see it a well designed building, one of the better architects (inaudible) well landscaped. Rather than take your time I will take any questions you might have. Corrie: Council, any questions of Ron? Morrow. I only have one Mr. Mayor, Mr. Thurber, have you read the findings of fact and conclusions and the staff conditions and are you in agreement with those for your client? MERIDIAN CITY COUNCIL MEETING: March 18.1997 APPLICANT: KELLI STEWART ITEM NUMBER; 6 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE SALON 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 ~ Z MINUTES FROM 2-11-97 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS ~ Cj NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: ~~~, ~ j~~ IDAHO POWER: ~ ~ V" a~ ~ ~ US WEST: ~(j ~ r f~ INTERMOUNTAIN GAS: C~~( BUREAU OF RECLAMATION: 1 OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Z~g Commission • February 11, 1997 Page 46 future. Long distance wise, a long ways out we can foresee two additional classroom facilities to close out the use of portables at this particular facility. As your esteemed chairman as noted portables areaway of life in the meridian school district. We would like to put permanent facilities at this site so that we could move those portables to other sites and locations throughout the Meridian school district. I don't think we will ever get out of that and neither will the Boise school district. With that I would leave it open for any questions that you might have. Johnson: Since you don't have a name you might consider calling it the Cortie Middle School Academy, you would probably get it passed with a slam dunk. I will close the public hearing at this time. Any other comments, we need findings of fact and conclusions of law on this application. Oslund: Mr. Chairman, I move that we have the City Attorney prepare findings of fact and conclusions of law for this conditional use permit Johnson: Moved and seconded we have a city attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: CONDITIONAL USE. PERMIT FOR A FULL SERVICE SALON WITH TWO STYLING STATIONS, NAIL TECHNICIAN AND MASSAGE THERAPY ROOM BY KELLt STEWART: Johnson: I will now open the public hearing and ask Kelli Stewart or a representative here for her to address the Commission. Robert Van Houten, 2536 Autumn Way, Meridian, was swum by the City Attorney. Kelli Stewart, 741 N. Katie Way; Kuna, was swum by the City Attorney. Van Houten: The reason that the two of us are here is Mrs. Stewart is more qualified to answer the questions regarding her business that will be operating at 408 East First. I can answer the questions regarding the exterior part of the property. Johnson: Thank you, Kelli, just briefly, what are you going to do other than what the application says here. You might touch on such things as operating hours and numbers of employees and that sort of thing. Stewart: It will just be me and one other full time stylist.. Right now it will just be me but I will be hiring a full staff. Just one stylist, nail techniaan, eventually maybe a massage therapist and that is about all, it would only be four people total. Meridian Planning & Zol~lg Commission February 11, 1997 Page 47 Johnson: Your operating hours would be? Stewart: The hours vary, but probably between 10 and 6 for the most part. Johnson: How many days a week? Stewart: Five Johnson: Just the five, nothing on the weekend? Stewart: It is Tuesday through Friday and Saturdays. Johnson: Closed on Monday Stewart: Sunday and Monday yes. Johnson: I will steal this from Malcolm because he always asks this, have you read the comments from the City staff? Stewart: Yes I have Johnson: Do you have any questions on any of those, are they clear to you, or do you have any disagreements? Stewart: No, they are fine. Johnson: Any other questions from the commissioners? MacCoy: Well I have one based on that very thing, how are you planning on handling your off street parking? Van Houten: As you notice on the drawing there is space there for six automobiles to parking along the side and there is space probably for four more along the back of the property between the back of the building and the adjoining fence. So the back four would probably be for staff. And the six along the sides for clients. MacCoy: And to do with outside lighting, are you going to have any? Van Houten: We intend to install an outside light that would face from east to west, primarily and on a timer so that the clients and the staff would have lights when they leave the building at night in the winter time to go to their cars. And we suggest that we put that on some kind of a timer maybe for 15 minutes so that when they have time to get to their cars and get in and leave and then the light would turn out. Meridian Planning & Z~g Commission February 11, 1997 Page 48 MacCoy: Do you plan to have a lighted sign? Stewart: There is a sign there and if it is permissible then we will use the sign, it is a lighted sign, it is also on a business hour timer. MacCoy: It doesn't blink on and off? Stewart: No, it is a solid illuminated light. Van Houten: It would tum off probably at about 10 in the evening. Oslund: I don't have any questions, but whoever turned the A/C on thank you. Borup: I didn't have anything new, same concern that Malcolm had mentioned on the parking. It just appeared, it may be difficult to comply with the ACHD's comments as far as the access point. Oslund: I just received this afternoon so I have not had a chance to talk to them. But I planned on discussing that with them to make sure that we come to a meeting of the minds that we comply with the mutually acceptable arrangements for that. Borup: Was six parking spaces, was that the amount appropriate for the sizes of building or that was what you had (inaudible} what I am getting at is are there some extra spaces there more than (inaudible) Stewart: There are probably more like eight. Van Houten: Well there are six along Ada Street, then there is a space between the back. of the building and the fence for the property just immediately east and there is probably room for four cars in that area. I would assume that would be mainly the staff parking area. Borup: I was referring to the minimum required parking spaces for the size of the building. What is the (inaudible) I believe the parking is determined by the size of the building. Johnson: Well it is determined by the size of the building and the occupancy and that figure can be obtained from Shari Stiles. Borup: What I was getting to, you may have more than what the minimum would be that it may help you in complying with ACRD. Van Houten: I think that we do yes, but I have to discuss that with them. Meridian Planning & Zc~g Commission February 11, 1997 Page 49 Johnson: ,Thank you, anyone from the public that would like to come forward on this? Fitzgerald: Excuse me Mr. Chairman, I had one question for Ms. Stewart just for the record so that it is clear. When you said 10 to 6 it was 10 a.m. to 6 p.m. correct? Stewart: Approximately. Johnson: Anyone from the public that would like to come forward on this? Seeing no one then I will close this. public hearing. Conditional use permit requires findings of fact and conclusions of law. Borup: Mr. Chairman, I move that we instruct Counsel to prepare findings of fact and conclusions of law on this application. MacCoy: Second Johnson: Moved and seconded we have the City Attomey prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Do you understand what we have done tonight, I know you people aren't in here all of the time. I will tell you what we have done, basically we have just gathered information and there was no testimony so it is going to be relatively easy for our City Attorney to prepare findings of fact and conclusions of law. We will probably even get these on time. We will at our next regularly scheduled meeting which is March 11 we will have those prepared like all of the others we have had tonight in type form and it will be available to you when they are prepared. So you can read them and all that will do is tell you in accordance with our city ordinances that we can or cannot approve your application and it will reiterate the comments and questions we had there this evening. Plus it will incorporate all of the comments from staff so you will have all of that. If we approve those, I don't know if you were here at the earlier part of our meeting tonight but we had 6 of those on our early agenda and there is no more public testimony at that time. We either approved them or changed then and we just look at them for editorial changes. Then it goes to the City Council and there is a second public hearing at the city Council level, it is old town, normally it would but it doesn't in this case. But they do have to approve our findings of fact that night, so the City council will take it up at their next meeting without notice to the public so there wouldn't be any delay. And they meet twice a month on the first and third Tuesdays of every month. Once that is approved you are okay to go. But there is that time period that process that takes time. Because we only meet once a month so we come back in March and then probably with the first meeting in April or the third week in March by that time it will be on the City agenda and then you wilt be able to rock and roll, but we do have to go through the approval process. Meridian Planning & Zo~g Commission February 11, 1997 Page 50 Van Houten: (Inaudible) Johnson: No, you can if you want to but when you go to City Council I wouldn't risk not being there because even though it is not a public hearing they could ask questions and without somewhere there to answer they may table that until their next meeting. So you lose some more time. (Inaudible) Johnson: You don't necessarily have to come to our meeting but remind yourself to get a copy of the findings of fact as soon as they are prepared so that you will know what is in there. They may be something in there that you disagree with, for the most part (Inaudible) ITEM #16: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A PROFESSIONAL OFFICE BUILDING BY JAMES KELLER AND REID OLSEN: Johnson: I will now open the public hearing for item #16 and ask that the applicant come forward and be sworn sir. Ronald Thurber, 1.11 S. 6~h, Boise, 3412 Kootenai, Boise, was sworn by the City Attorney. Thurber: Gentlemen, I will keep this brief, I am. the architect for Mr. Jim Keller and Mr. Reid Olson. Mr. Keller is a civil engineer, Reid Olson is a CPA. They are building a just under a 10,000 square foot new office building in the new Troutner Ballantyne Business Subdivision just west of town. They have 53 off street parking spaces. You should have copies of the plans, the landscape plan. These plans have been reviewed by all of the various city agency. The findings of fact have been reviewed by the owners and accepted, they will follow the conditions of approval. We have a letter that we have hand delivered to Shari Stiles to that effect. The building is single story, slab concrete, has a (inaudible) brick exterior, has basically a flat roof, the entrance portico is tile. Any questions, I won't take any more of your time. (Inaudible) Johnson: Questions of the architect for the applicant? Oslund: Is Jim going to use this building? Thurber. Yes Jim Keller and Reid Olson will occupy approximately '/ of the building. The other fourth is professional offices. MacCoy: How about one more thing, going through your building make up, exterior. HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. 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 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer Re; FULL SERVICE SALON by Kelli Stewart (Request for Conditional Use Permit) 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 February 6, 1997 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 2. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3 3. All Signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. 4. Sanitary Sewer and Water to this facility would be via. existing service lines. This site currently is assessed with 1 commercial water hookup and 1 commercial sewer hookup. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. Please provide any information that you may have with regards to your anticipated water demand. Applicant will be required to enter into an Assessment Agreement with the City of Meridian. C:\OFFICE\VYPW IN\CiENERAI.\STEWART. CUP • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION KELLI J. STEWART CONDITIONAL USE N ~I TECHNICIAN AND RMASSAGE THERAPY ROOM TWO STYLING STATIONS, 408 EAST 1ST STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on February 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1, A notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to said public hearing scheduled on February 11, 1997, the first ublication of which was fifteen (15) days prior to said hearing; P that the matter was duly considered at the February 11, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property included in the application for the conditional use permit is described in the application, and by this reference is incorporated herein as if set forth in full. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. KELLI J. STEWART - Conditional Use Permit • • property is located at 408 East 1st Street, Meridian, Ada County, Idaho. 3, The Applicant is not the owner of record of the property. The record owner of the property is Robert C. VanHouten and Jerrie M. VanHouten, husband and wife, and Mr. VanHouten has consented to the application for the Conditional Use Permit. 4, Pursuant to the application and the accompanying letter from the Applicant, the intention of the Applicant is to operate a full service salon, and, eventually, a makeup and skin care counter. Further, the Applicant intends to offer for retail sale of cosmetic products. The salon would consist of two hair styling stations, a nail technician and a massage therapist room. The Applicant agrees to pay additional sewer, water or trash fees or charges associated with the proposed use of the property. 5, The Applicant testified substantially as follows at to her intended use. The proposed business would consist of the Applicant with a staff of four. There would be one stylist and a nail technician. There would also be, hopefully, a massage therapist. 6, In response to questions of Chairman Johnson, the Applicant testified substantially as follows. The hours of operation of .the proposed business would vary, but probably between 10:00 a.m. and 6:00 p.m. The days of operation would be five; Tuesday through Saturday. The proposed business would not be open Sunday or Monday. She has reviewed the comments of the City's FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. KELLI J. STEWART - Conditional Use Permit • • staff . She has no comments or disagreements with the comments; the comments are fine. 7. In response to questions of Commissioner MacCoy, the property owner, Mr. VanHouten, testified substantially as follows. As detailed in the drawing of the property, there exist six spaces along the side of the property for vehicle parking. There are also probably four or more spaces between the back side of the property and the existing fence for vehicle parking. The four rear parking spaces would be for staff of the proposed business, and the six would be for customers. It is intended to install an outside light which would face from east to west, primarily on a timer. This light would provide lighting for staff and customers when they leave at night during the winter time. The light would turn on for approximately 15 minutes, and then it would turn off until activated again. 8. In response to questions of Commissioner MacCoy, the Applicant testified substantially.as follows. A lighted sign exists at the property which the Applicant intends to use. There is a timer on the sign to light it during business hours. The sign does not blink; it is a solid illuminated sign. 9. The owner of the property, Mr. VanHouten, added in response to the questions of Commissioner MacCoy, that the sign would probably turn off at approximately 10:00 p.m. 10. In response to questions of Commissioner Borup, the Applicant stated that there exist probably eight parking spaces at the property. The property owner, Mr. VanHouten, testified adding FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. KELLI J. STEWART - Conditional Use Permit • • that there exist six parking spaces along Ada Street. There is also space behind the building on the property for four cars, which he assumes would be used by staff of the proposed business. 11. Commissioner Borup commerxted that he was referring to the parking space requirements for the size of the building, and that there may exist more parking spacers than the minimum requirement which may help with the compliance with the requirements of Ada County Highway District. The property owner, Mr. VanHouten, responded that he thinks that more parking spaces than the minimum required exist, but he will discuss that issue with the Ada County Highway District. 12. The Assistant to the City Engineer, Bruce Freckleton, submitted comments which are incorporated herein as if set forth in full. His comments included the following. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. Outside lighting shall be designed and placed so as', not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414 D. 3. All signs shall be in accordance with the standards set forth in 2-415 of tTte City of Meridian Zoning and Development Ordinance. Sanitary sewer and water to the facility would be through existing service lines. The site is currently assessed with one commercial water hookup and one commercial. sewer hookup. Assessments for sewer and water service will be reviewed to determine whether additional loci justifies an adjustment to the assessments. The Applicant is to provide any information that she FINDINGS OF FACT AND CONCLUSIONS 0~' LAW - Page 4. KELLI J. STEWART -Conditional Use Permit i • may have regarding the anticipated water demand. The Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 13. The Planning and Zoning Administrator has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 14. The Meridian City Police Department, Central District Health Department and Nampa & Meridian Irrigation District submitted comments, which respective comments are hereby incorporated herein as if set forth in full. 15. Meridian Fire Department submitted comments, which comments are hereby incorporated herein as if set forth in full; that all codes will need to be met. 16. The Ada County Highway District submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included, but are not limited to, the following. Curb, gutter, 5 feet wide sidewalk and match paving be constructed on Ada Street abutting the property. The improvements shall be constructed to one half of a 37 feet street section. A 24 to 30 feet wide curb cut driveway on Ada Street located a minimum of 50 feet from east of East 1st Street be constructed. Dtility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked on the roadway. If the driveway is not to be paved FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. KELLI J. STEWART - Conditional Use Permit on site, the driveway be paved its full required width of 24 to 30 feet to at least 20 feet beyond the edge of pavement of Ada Street. Restrictions on the width, number and locations of driveways shall be placed on future development of the property. Other than the approved existing access point, direct lot or parcel access to East 1st Street is prohibited. 17. The Ada Planning Association submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included the following. The property is within walking distance of residents and employees in the area. To encourage walking to the property, it recommends that sidewalks be constructed on East Ada Street. 18. There was no further testimony given at the hearing. 19. This property is located within the City of Meridian. The property is currently zoned (OT) Old Town. In the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Professional & Sales Offices and Retail Stores are listed as a conditional use in the (OT) Old Town District and, therefore, in the (OT) Old Town District a conditional use permit for the operation of a full service salon, with a nail technician and a massage therapist room, and retail sale of cosmetic products. 20. The (OT) Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: (OT1 Old Town District: 'The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. KELLI J. STEWART - Conditional Use Permit cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served by the Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and east be approved as a conditional use, unless otherwise permitted. 21. Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district.' CONCLUSIONS OF LiIW 1. All the procedural requirements. of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Planning And Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances and proceedings, other clovernmental statutes and ordinances, and of actual conditions existing within the City and state of Idaho. 4. 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 that section conditions minimizing the adverse impact on other development, controlling the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. KELLI J. STEWART - Conditional Use Permit duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The City has judged this Application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Zoning And .Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. Section 11-2-418 C. of the Zoning And Development Ordinance 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 and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. KELLI J. STEWART - Conditional Use Permit • a. The use would, in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use; c. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with, the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; that traffic may increase, but the development will have a vehicular approach to the property which shall be designed to decrease interference with traffic on surrounding public streets; e. .The property has sewer and water service already connected, but the Applicant may have to pay additional fees for the use; 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. If the conditions ,are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. KELLI J. STEWART - Conditional Use Permit development, it is recommended Commission that the following by the Planning, and Zoning conditions of granting the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of the subject property or to another property; b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Boning Administrator, Meridian Fire Department, the Meridian Police Department, Central District Health Department, and Nampa & Meridian Irrigation District which requirements specifically include: (1) Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance; (2) Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414 D. 3.; (3) All signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance; (4) The Applicant shall enter into an Assessment Agreement with the City of Meridian and assessments for sewer and water service will be reviewed to determine whether additional load justifies an adjustment to the assessments; and (5) The Applicant will provide any information that she may have regarding water demand. c. The Applicant shall meet the requirements of the Ada County Highway District which requirements specifically include: (1) Curb, gutter, 5 feet wide sidewalk and match paving be constructed on Ada Street abetting the property, which improvements shall be constructed to one half of a 37 feet street section; (2) A 24 to 30 feet wide curb cat driveway on Ada Street located a minimum of 50 feet from east of East 1st Street be constructed; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. KELLI J. STEWART - Conditional Use Permit ! • (3) Utility street cuts in new pavement less than five years old shall be prohibited unless approved in writing by the District; (4) If the driveway is not to be paved on site, the driveway shall be paved its full required width of 24 to 30 feet to at least 20 feet beyond the edge of pavement of Ada Street; (5) Restrictions on the width, number and locations of driveways shall be placed on future development of the property; and (6) Other than the approved existing access point, direct lot or parcel access to East 1st Street shall be prohibited. d. The Applicant shall meet the requirements of the Ada Planning Association which requirements specifically include that sidewalks be constructed on East Ada Street. e. The Applicant shall meet the requirements of other governmental agencies subnutting comments. f. The conditional use shall aot be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications. 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 10. It is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. KELLI J. STEWART - Conditional Use Permit APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER MACCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED ~ ~II 6 VOTED VOTED ~ - ~l ^ `J DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it 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 or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. KELLI J. STEWART - Conditional Use Permit HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATNA. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE Mayor GOUNGIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP 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: V11°ill Berg, City Clerk by: February 4. 1997 TRANSMITTAL DATE: 1/22/97 HEARING DATE: 2/11!97 REQUEST: Conditiona~Use Permit for a full service satin BY: Kelli Stewart LOCATION OF PROPERTY OR PROJECT: 408 East First Street, comer of Ada and First Street JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 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 I~STRICT MERIDIAN POST OFFICE (PRELIM. 8 FINAL PLAT) ADA COUNTY HIGHVifAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATK?1V DISTRICT IDAHO POWER CO. (PRELIM. 8~ FINAL PLAT) U.S. WEST (PRELIM. ~ FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. 8 FINAL PLAT) BUREAU OF RECLANEATIO (P UM. & FINAL PLA CITY FILES OTHER: YOUR CONCISE REMARKS: JAN 2 7 1997 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 CITY OF A~ERIDIAN HUB OF TREASURE YALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 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 KEITH BORUP 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: February 4.1987 TRANSMITTAL DATE: 1/22/97 HEARING DATE: 2111/97 REQUEST: Conditiona~Use Permit for a full service salon BY: Kelli Stewart LOCATION OF PROPERTY OR PROJECT: 408 East First Street, comer of Ada and First Street JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C1C 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 POI.ST OFFICE (PRELIM. 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANN~IG ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. 8 FINAL PLAT) U.S. WEST (PRELIM. 8~ FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. 8 FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLA-n CITY FILES ~ , / (~ OTHER: ,~ `'J YOUR CONCISE REMARKS: 7`~. ~e-u w ~ L L w ~- ~ 7`C~ M .e. ~.2.. A L (.~ o'D ~ ~ . ~-~l~1Cir l~il J a N 2 7 ts~7 CITY OF MERiD1AN A Good Place to Lire CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 88'f-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 588-4443 • 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 FEB 1 0 1vg7 FROM: M ry E: ardiso ,Technical Analyst ~ ~~ ~a`~-'°-'~Y` °'~ DATE: Februa 5, 1997 Ra: ronditionai lase r~ermit for Full Service Saion at 408 East First Street APA staff reviewed the conditional use permit for a full service salon at 408 East First Street. The subject property is within walking distance of residents and employees in the area. To encourage walking to this establishment, we recommend that sidewalks be constructed on East Ada Street. The recommended sidewalks are consistent with Meridian's transportation policies to create a balanced transportation system for the safe movement of people. Should you have any questions, please contact me. MH\DEVREV\FY97\MERIDIANWDA.CU pc: Sheri Stiles, City of Meridian File 540.09 City of Meridian Ada County Highway District, Ada County, Cities of Boise, Eagle, Garden City, Kuna, and Meridian Boise Auditorium District, Boise Independent School District, Meridian Joint School District, and Boise State University Equal Opportunity/Affirmative Action Employer Printed on 12ecycled Paper _~_~ J, ~ ~ GGf`L SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUGER. Secretary February 10, 1997 Kelli J. Stewart 408 East 1st Street Meridain Idaho 83642 Re: Staff Level Approval MCU-4-97 408 East 1st Street Full service salon Facts and Findings: A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting conditional use approval to construct a -square foot . The 0.14-acre site located on the northeast corner of East 1st Street and Ada Street. This development is estimated to generate 50 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan received by Meridian Ciry, and submitted to the District on January 31, 1997, have been reviewed by the ACRD Development Services staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This item will not be heard by the ACRD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Development Services staff decision is submitted as described within the Standard Requirements outlined below. The following requirements are .provided as recommendations for conditions of approval to Meridian City: Site Specific Requirements: 1. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Ada Street abutting the parcel. Improvements shall be constructed to one half of a 37-foot street section. 2. Construct a 24 to 30-foot wide curb cut driveway on Ada Street, located a minimum of 50-feet east of E. 1st Street. ada county highway district ? 18 Easfi :7th • Boise, Idaho 83 7 1 4-6499 • Prove (208) ?--^.5--r °~"; • • ~. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file number) for details. 4. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. If the driveway is not to be paved on site, pave the driveway its full required width of 24 to 30-feet to at least 20-feet beyond the edge of pavement of Ada Street. 5. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 6. Other than the access point specifically approved with this application, direct lot or parcel access to E. 1st Street is prohibited. Standard Requirements: This decision of the Development Services Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by an owner.. of property within 300-feet of the parcel within 15 calender days from the date:, of this report. ThP rPgLest shall specifically identifyeach re uirement to be reconsidered and include a written explanation of why such a rgquirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calender days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for. reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $1.10.00. •rt,P ,-Pgle~* for reconsideration shall specifically identi., each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission .agrees to reconsider the action, the applicant will be notified of the date and time-of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road. impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All designand construction shall be in .accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. MCU497.SLA Page 2 .' ~ ~ .. ; ( '~ •' , ~' ~,' !~{ i ' i K~~~~i~~• ~- .~ ~ JJ ~ I i ~ i H ~ _~ ~ __ ~07~~~~~~~~ . !1 i M ~~ ~ o ,~ ~ ~---~ r-~ - ~J ' `' ~ i i-- ~ W~.._ __ ~~. I J ~~ ,~, ~ •' i m r~7S1 0 ~ -. ~ ~G z , fJ ~ o,,--,-, o. cc ~~ ~° _ m J -~ ~- ~~ o~ S o. ~~ ~~~ ~~ ~. ~ f! ; ,.-. `. Q' I ~ ' rn ~_ B_. .J ~_. / " J m ~i ^ r n , ~ ~, C! ' `~..--_ a~~~ o ~' ~ i i ~--- - ' ` - _ ~ I n= ~ Q ~. r-_ <- is :~' 0 o -~ ~ ~ ;- ~~ ~, ~ M ~-- --z ~ o eB o• -:~ 'n ~-- ... - - - -~ r--- - - 1 M ~ l i II i i i it M n ~ F N m Z Q 0 1 Wes' ~ L~-~~~ 9. .. . .- _ ~~i ;~ f Z Y M1 m Of O N M M ~ N I N N N .,• O °' °° i • • ~i ~_ 1 a~ -~ 3/1b 4t4 '3 r -~ - ~~ - ~L 4 ~ _ .o m :, ~q --- ' ~ i .~1 ~~~ /> _s ~ - ~ ~ y r, ~ - -= - s 1~'~1~ ~ ¢ m I' - ~~ _ -~ ~~ n - _, _ ~~ --i~'~ N :~~ ens s~a~~d~~~ ~ ~ I C n c -r~ tl ~~ ~ >~ _ _ 10. ___. _. _. ______. _ \.~.. --- --- -- -__ - i --- ------ - '~~ ~ ~ h `-~' ; z 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: 1. ACHD requirements are intended to assure that the. proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please .contact the ACRD Development Services staff at 345-7662. Sincerely, Larry Sale Development Services Supervisor cc: Project file. Lead agency MCU497.SLA Page 3 CENTRAL CE •• DISTRICT ~RHEALTH DEPARTMENT L DISTRICT HEALTH DEPAR7'PfENT Environmental Health Division Rezone # Conditional Use # ~~ .~~P~1/!'zG? Preliminary /Final /Short Plat Return to: ^ Boise ^ Eagle ^ Garden city Meridian ^ Kuna ^ Acz r~ 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 / a D ^ 15. Date: ~~/ O l~ Reviewed By: Revi heet CDHD 10/91 rcb, rcr. I/95 WILLIAN~G. BERG, JR., CltyClerk `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, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • GOUNGIL MEMBER& A Good Place to Live NfALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN C GLENN R. BENTLERYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 ~ f~ ~ ~ ~~l7,-i P & Z COMMISSION (208) 888.4433 • FAaC (208) 887.4813 t~ l [ JOHNSON, Chairman Public WorksBuilding Ikparunent (208) 887-2211 KEITH BORUP Motor Vehicle/Drivets License (208) 888-4443 JAN 2 7 1997 JIM SHEARER GREG OSLUND ROBERT D. CORRIE NAMPiq g, RAERIDIAN MALCOLM MACCOY Mayor IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning. 8~ Zoning Commission, please submit your comments 2nd recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Febnriarv 4. 1997 TRANSMITTAL DATE: 1/22/97 HEARING DATE: 2111/97 REQUEST: Conditiona~Use Permit for a full service salon BY: Kelli Stewart LOCATION OF PROPERTY OR PROJECT: 408 East First Street, comer of Aida and First Street JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, CIC WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT ScWER CEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. 8~ FINAL PLAT) U.S. WEST (PRELIM. $ FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. 8~ FlNAL PLAT) BUREAU OF RECLAMATION (PRELIM. b FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: The Nampa & Meridian IrriEation District has no comment on the above referenced application. NAMPA ,G MF.RTDTAN TRRT ~ATTON DTSTRT T .-. ~. E':`- APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this ~= day of 1997 COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED ~Ls VOTED VOTED VOTED VOTED VOTED D[SAPPROVED FINDINGS OF FACT AND CO OF LAW - C.- .. ~/., ~~J-rTA Gu t- Gc_. Meridian Planning & Zo~j Commission March 11, 1997 Page 9 Johnson: Thank you, does anyone else have any corrections or any comments? If not I will entertain a motion for approval as written and corrected. MacCoy: The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. Borup: Second Johnson: Moved and seconded that we approve the findings of fact and conclusions of law as corrected. ROLL CALL VOTE: Borup -Yea, Oslund -Absent, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea MacCoy: The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, fire and life safety codes, the uniform fire code, parking, paving and landscape requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Borup: Second Johnson: It is moved and seconded we pass the recommendation onto the City Council as read by Mr. MacCoy, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW A CONDITIONAL USE PERMIT FOR A FULL SERVICE SALON WITH TWO STYLING STATIONS, NAIL TECHNICIAN AND MASSAGE THERAPY ROOM BY KELLI STEWART: Johnson: Discussion at all regarding these findings of fact, any changes? MacCoy: I have a question for staff, on page 5, we don't require the complete driveway paving as we have on others, Gary somebody? Stiles: I am sorry what are you asking? Meridian Planning & Zo~g Commission March 11, 1997 Page 10 MacCoy: On page 5 of this document here we don't require the applicant to totally pave their driveway as we have in others. t wondered why. Stiles: We don't require them to? MacCoy: Well it says on page 5, Johnson: It says that the driveway is not to be paved on site. The driveway be paved its .full required width of 24 to 30 feet to at least 20 feet beyond the edge of pavement of Ada Street. That is on page 5 and 6. is it the (inaudible) Stiles: That is a typical Ada County Highway District requirement, we do require that any of the parking area be paved. MacCoy: That is what I thought our Meridian code says that they should pave it. Stiles: Ada County Highway District just makes them pave within a certain distance of the driveway access so they are not tracking gravel back onto the street but our ordinance requirements are that they pave it. MacCoy: Since we have written it this way. Johnson: But it is written under ACHD comments. So again it would be picked up when we address the fact that City does must all be met. MacCoy: Okay, so we are covered. Johnson: Thank you, anyone else? Borup: Commissioner MacCoy, on that same page 10 where it talks about some of that, item B, number 1, it says off street parking shall be provided in accordance with Section 11-2-414 (inaudible) MacCoy: The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. Borup: Second Johnson: We have a motion and a second to approve the findings of fact and conclusions of law as discussed, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Absent, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea Meridian Planning & Z~g Commission March 11, 1997 Page 11 MacCoy: The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements, the fire and life safety codes, the uniform fire -code, parking, paving and landscaping requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Borup: Second Johnson: Motion and a second to pass the recommendation onto the City as stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A PROFESSIONAL OFFICE BUILDING BY JAMES KELLER AND REID OLSEN: Johnson: Any discussion regarding the findings of fact and conclusions of law for item 8? Motion please? MacCoy: The Meridian Planning and Zoning Commission and the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. Borup: Second Johnson: Moved and seconded that the Meridian Planning and Zoning adopt the findings of fact as prepared by the City Attorney, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Absent, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea Johnson: Recommendation please. MacCoy: The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it 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 or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking, paving • MERIDIAN PLANNING & ZONING COMMISSION MEETING: March 11.1997 APPLICANT: KELLI STEWART AGENDA ITEM NUMBER: 7 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE SALON 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 ~~ JR' OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION KELLI J. STEWART CONDITIONAL USE PERMIT FOR A FULL SERVICE SALON WITH TWO STYLING STATIONS, NAIL TECHNICIAN AND MASSAGE THERAPY ROOM 408 EAST 1ST STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come .on for public hearing on February 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to said public hearing scheduled on February 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 11, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property included in the application for the conditional use permit is described in the application, and by this reference is incorporated herein as if set forth in full. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. KELLI J. STEWART - Conditional Use Permit • • property is located at 408 East 1st Street, Meridian, Ada County, Idaho. 3. The Applicant is not the owner of record of the property. The record owner of the property is Robert C. VanHouten and Jerrie M. VanHouten, husband and wife, and Mr.. VanHouten has consented to the application for the Conditional Use Permit. 4. Pursuant to the application and the accompanying letter from the Applicant, the intention of the Applicant is to operate a full service salon, and, eventually, a makeup and skin care counter. Further, the Applicant intends to offer for retail sale of cosmetic products. The salon would consist of two hair styling stations, a nail technician and a massage therapist room. The .Applicant agrees to pay additional sewer, water or trash fees or charges associated with the proposed use_of the property. ____ _--- -5 .- The Applicant testified substantially as follows at to her intended use. The proposed business would consist of the Applicant with a staff of four. There would be one stylist and a nail technician. There would also be, hopefully, a massage therapist. 6. In response to questions of Chairman Johnson, the Applicant testified substantially as follows. The hours of operation of the proposed business would vary, but probably between 10:00 a.m. and 6:00 p.m. The days of operation would be five; Tuesday through Saturday. The proposed business would not be open Sunday or Monday. She has reviewed the comments of the City's FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. KELLI J. STEWART - Conditional Use Permit • staff. She has no comments or disagreements with the comments; the comments are fine. 7. In response to questions of Commissioner MacCoy, the property owner, Mr. VanHouten, testified substantially as follows. As detailed in the drawing of the property, there exist six spaces along the side of the property for vehicle parking. There are also probably four or more spaces between the back side of the property and the existing fence for vehicle parking. The four rear parking spaces would be for staff of the proposed business, and the six would be for customers . It is intended to install an outside light which would face from east to west, primarily on a timer. This light would provide lighting for staff and customers when they leave at night during the winter time. The light would turn on for approximately 15 minutes, and then it would turn off until activated again. 8. In response to questions of Commissioner MacCoy, the Applicant testified substantially as follows. A lighted sign exists at the property which the Applicant intends to use. There is a timer on the sign to light it during business hours. The sign does not blink; it is a solid illuminated sign. 9. The owner of the property, Mr. VanHouten, added in response to the questions of Commissioner MacCoy, that the sign would probably turn off at approximately 10:00 p.m. 10. In response to questions of Commissioner Borup, the Applicant stated that there exist probably eight parking spaces at the property. The property owner, Mr. VanHouten, testified adding FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. KELLI J. STEWART - Conditional Use Permit • • that there exist six parking spaces along Ada Street. There is also space behind the building on the property for four cars, which he assumes would be used by staff of the proposed business. 11. Commissioner Borup commented that he was referring to the parking space requirements for the size of the building, and that there may exist more parking spaces than the minimum requirement which may help with the compliance with the requirements of Ada County Highway District. The property owner, Mr. VanHouten, responded that he thinks that more parking spaces than the minimum required exist, but he will discuss that issue with the Ada County Highway District. 12. The Assistant to the City Engineer, Bruce Freckleton, submitted comments which are incorporated herein as if set forth in full. His comments included the following. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414 D. 3. All signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. Sanitary sewer and water to the facility would be through existing service lines. The site is currently assessed with one commercial water hookup and one commercial sewer hookup. Assessments for sewer and water service will be reviewed to determine whether additional load justifies an adjustment to the assessments. The Applicant is to provide any information that she FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. KELLI J. STEWART - Conditional Use Permit • may have regarding the anticipated water demand. The Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 13. The Planning and Zoning Administrator has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 14. The Meridian City Police Department, Central District Health Department and Nampa & Meridian Irrigation District submitted comments, which respective comments are hereby incorporated herein as if set forth in full. 15. Meridian Fire Department submitted comments, which comments are hereby incorporated herein as if set forth in full; that all codes will need to be met. 16. The Ada County Highway District submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included, but are not limited to, the following. Curb, gutter, 5 feet wide sidewalk and match paving be constructed on Ada Street abutting the property. The improvements shall be constructed to one half of a 37 feet street section. A 24 to 30 feet wide curb cut driveway on Ada Street located a minimum of 50 feet from east of East 1st Street be constructed. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked on the roadway. If the driveway is not to be paved FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. KELLI J. STEWART - Conditional Use Permit • • on site, the driveway be paved its full required width of 24 to 30 feet to at least 20 feet beyond the edge of pavement of Ada Street. Restrictions on the width, number and locations of driveways shall be placed on future development of the property. Other than the approved existing access point, direct. lot or parcel access to East 1st Street is prohibited. 17. The Ada Planning Association submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included the following. The property is within walking distance of residents and employees in the area. To encourage walking to the property, it recommends that sidewalks be constructed on East Ada Street: 18. There-was no further testimony given at the hearing. 19. This property is located within the City of Meridian. The property is currently zoned (OT) Old Town. In the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Professional & Sales Offices and Retail Stores are listed as a conditional use in the (OT) Old Town District and, therefore, in the (OT) Old Town District a conditional use permit for the operation of a full service salon, with a nail technician and a massage therapist room, and retail sale of cosmetic products. 20. The (OT) Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: (OT1 Old Town District: 'The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. KELLI J. STEWART - Conditional Use Permit • • cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served by the Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 21. Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Planning And Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances and proceedings, other governmental statutes and ordinances, and of actual conditions existing within the .City and state of Idaho. 4. 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 that section conditions minimizing the adverse impact on other development, controlling the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. KELLI J. STEWART - Conditional Use Permit • • duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The City has judged this Application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. Section 11-2-418 C. of the Zoning And Development Ordinance 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 and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. KELLI J. STEWART - Conditional Use Permit a. The use would, and a conditional ordinance; • in fact, constitute a conditional use use permit would be required by b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use; c. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with, the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; that traffic may increase, but the development will have a vehicular approach to the property which shall be designed to decrease interference with traffic on surrounding public streets; e. The property has sewer and water service already connected, but the Applicant may have to pay additional fees for the use; 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. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Sufficient parking for the proposed use. will be required to meet the requirements of the City ordinance; and i. .The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. KELLI J. STEWART - Conditional Use Permit ~ ~ development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of the subject property or to another property; b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Fire Department, the Meridian Police Department, Central District Health Department, and Nampa & Meridian Irrigation District which requirements specifically include: (1) Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance; (2) Outside lighting shall be .designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414 D. 3.; (3) All signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance; (4) The Applicant shall enter into an Assessment Agreement with the City of Meridian and assessments for sewer and water service will be reviewed to determine whether additional load justifies an adjustment to the assessments; and (5) The Applicant will provide any information that she may have regarding water demand. c. The Applicant shall meet the requirements of, the Ada County Highway District which requirements specifically include: (1) Curb, gutter, 5 feet wide sidewalk and match paving be constructed on Ada Street abutting the property, which improvements shall be constructed to one half of a 37 feet street section; (2) A 24 to 30 feet wide curb cut driveway on Ada Street located a minimum of 50 feet from east of East 1st Street be constructed; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. KELLI J. STEWART - Conditional Use Permit • • (3) Utility street cuts in new pavement less than five years old shall be prohibited unless approved in writing by-the District; (4) If the driveway is not to be paved. on site, the driveway shall be paved its full required width of 24 to 30 feet to at least 20 feet beyond the edge of pavement of Ada Street; (5) Restrictions on the width, number and locations of driveways shall be placed on future development of the property; and (6) Other than the approved existing access point, direct lot or parcel access to East 1st Street shall be prohibited. d. The Applicant shall meet the requirements of the Ada Planning Association which requirements specifically include that sidewalks be constructed on East Ada Street. e. The Applicant shall meet the requirements of other governmental agencies submitting comments. f. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications. 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 10. It is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. KELLI J. STEWART - Conditional Use Permit APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER MACCOY C~D~miTSi'?rn~z ~~Ann-iY•-~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED ~g~~ VOTED VOTED ~ • ~I^ DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it 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 or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. KELLI J. STEWART - Conditional Use Permit ~ ~ MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: February 11,1997 APPLICANT: KELLI STEWART AGENDA ITEM NUMBER: 15 REQUEST: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A FULL SERVICE SALON AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Attached Comments CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "Reviewed" CITY FIRE DEPT: See Attached Comments CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: ~~ ~. MERIDIAN POST OFFICE: (/' ADA COUNTY HIGHWAY DISTRICT: See Attached Comments 1/ ADA COUNTY STREET NAME COMMITTEE: (~ ~' CENTRAL DISTRICT HEALTH: See Attached Comments Y" NAMPA MERIDIAN IRRIGATION: See Attached Comments ~1 SETTLERS IRRIGATION: ~~ " IDAHO POWER: ~~ US WEST: INTERMOUNTAIN GAS: I BUREAU OF RECLAMATION: OTHER: Alt Materials presented at public meetings shall become property of the City of Meridian. SENT BY~Boise~ Planning • ~~ Ada PlannLng Assaciatzon 413 W. Idaho, Suite 100 Boise, ID 83702 (208) 346-6274 Fax (208) 346.-6279 APA / Serving Governments in Ada County Since 1977 To: wII Berg, Clty Clerk CNy of Meridian FROM: ry ardlso ,Technical Analyst DATE: Fobruai'~j 6, 1997 Re: Conditional Use Penmlt for Full 8orvico Salon of 408 Eat Flrst Street APA staff reviewed the conditional use permit for a full service salon at 408 East First Street. The subject property Is within walking distance of residents and employees in the area. To encourage walking to this establishment, we recommend th®t sidewalks be constructed on East Ada Street. The recommended sidewalks are consistent with Meridian's transportation policies to create a balanced transportation system for the safe movement of people. Should you have ®ny questions, please contact me. MHIDEVREV1FY97\MERIDIANIADA. CU pc: Sheri Stiles, Clty of Meridian File 540.08 City of Meridian Ads County Highway DlstMct, Ada County, Gitiea of Boise, Eagle, Garden City, Kuna, and Meridian Boise Auditorium District, Boise Independent School District, Meridian Joint School District, and Boise State University Equal Opportunity/Affirmative Action Dmployer Printed on Recycled Paper 1/ 1 FEB 0? '9? 13 05 2083455279 PAGE.01