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HomeMy WebLinkAboutFindingsBEFORE THE MERIDIAN CitV Council STEVE C. LYONS AND STEVEN J. BAINBRIDGE CONDITIONAL USE PERMIT FOR FULL SERVICE CAR WASH -WI H FUEL FACILITIES 835 E. FAIRVIEW AVENUE MERIDIAN, IDA.HO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on June 17, 1997, at the hour of 7:30 o'clock p.m., the Applicant appearing through their representative, Bob Daugherty, the City Council 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 the said public hearing scheduled for May 13, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 13, 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 is located within the City of Meridian at 835 E. Fairview Avenue, Meridian, Ada County, Idaho. The property is described in the application which description is incorporated FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. LYONS AND BAINBRIDGE herein. The Applicant are not the owners of record of the property. The record owners of the property are Lamont Kouba and Lynn Kouba, husband and wife, and they have consented to the application for the Conditional Use Permit. 3. Pursuant to the Application and the testimony of Bob Daugherty, of Johnson Land Surveying, Mr. Daugherty stated that the property is presently vacant. Mr. Lyon has is no longer associated with the project. Mr. Bainbridge's intention, and proposed use, is to construct a full service car wash facility on the northern portion of the property. It would have a retail space in the front of that car wash and also a full fuel facilities, two detail bays associated with the car wash, all on .88 acres that adjoins Fairview Avenue. We have gone over the findings of fact that were prepared from Planning and Zoning. We don't have any problems with anything that they have recommended. There are a couple of items however that we would like to ask for your permission to change. One of them would be change to change the hours of operation for the car wash from 8 a.m. to 8 p.m. and operate during the summer between 7 a.m. until 8 p.m. The winter hours, they would anticipate those being from 9 a.m. to 6 p.m. For the fuel facility, there would be extended hours available to pump gas via a gas card, even as much as 24 hours per day. 4. That Planning and Zoning Commissioner Smith had three specific concerns that he indicated that he was going to pass on the Council. One was about the parking issue where people were going to be backing out into a 40 foot road way easement secured FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. LYONS AND BAINBRIDGE from the adjoining property. There was also a concern about the stacking and how many cars we could actually have waiting to get into the car wash. Concern about the building construction itself and materials that would be used. We have redone a new site plan which did away with the parking that would be backing into the 40 foot easement strip. We created a portion of that parking area for additional stacking which would handle up to 8 additional cars. Site plan changes address all of those concerns. 5. Mr. Daugherty also testified that in the site specific requirements Freckleton and Stiles were looking for a warranty deed on that additional 4 feet of right of way that ACED is requiring along Fairview avenue. ACED is asking for warranty deed to be in place prior to issuance of a building permit. We don't feel that additional 4 feet of right of way should hold up the entire process. Additionally there was some confusion as far as the cross access agreements. We have already secured the easement on the parcel that Roundtree sits on for that 40 foot access easement that goes the entire length of our parcel. Once the southern half of the project is developed we would enter into the cross access agreement. Mr. Daugherty also stated that the lighting issue will be part of the development agreement. 7. The City Council asked what the decibel level of the vacuum would be at 100 feet from their placement, to which Dan Thomas testified that the vacuums were designed such that they should not be heard at all. There was also inquiry about the signs that the Applicant wanted to place on the property and a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. LYONS AND BAINBRIDGE representative of the Applicant, Mr. Numbers, stated several signs on the building have some metal roofed canopies and we have signage on a back -lit canopy. The Sinclair fuel station will have signage as a part of its canopy. At this point we are not planning on having an independent sign on the property. Mr. Bainbridge stated that we will have a sign on the berm and Councilman Bentley stated that he would prefer to see a monument sign. Mr. Bainbridge stated that whatever is preferred we will do. 8. Robert Benner, a representative of the Applicant, testified that if we are allowed to put the identification on as our standard company identification on three sides of the canopy there will be 21 inch high red letters back lit stating the word Sinclair. There will be a 2 by 3 foot back lighted logo sign. As to the signage, we are very flexible. On the smaller sign we need a maximum of about 8 foot 3 inches for the poles and the sign, and a maximum height of at least 12 feet. City attorney, Mr. Crookston inquired as to whether the height at the total top of the sign would be 14 feet and Mr. Benner stated that was correct and that they needed a minimum of 12 feet from the top to the very bottom of the ground and that they needed to be able to be identified as a Sinclair fueling station, but they desired to meet all of the City's concerns so far as compatibility. 9. Shari Stiles, Meridian Planning and Zoning Administrator testified that it looked similar to a convenience store with the freezer and coolers. She just wanted to make sure that this was not going to be a 24 hour convenience store as that would require FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. LYONS AND BAINBRIDGE another conditional use permit. Well, it has been the car wash and fueling station. Mr. Bainbridge responded that as far as the hours in the lobby section the latest time will be 10:00 as far but the gas they will be able to be obtained for 24 hours. He also stated that there will be conveniences for our customers; they will have drinks, a coffee bar. Miss Stiles wanted to know if this would be a place where people would come and pick up milk and eggs, to which Mr. Bainbridge answered that there only be snack items. 10. Gary Smith, City Engineer, stated that at the P & Z hearing he heard quite a bit of discussion concerning the construction of the building, to which Mr. Numbers responded that on two sides we have concrete masonry, the side facing Fairview Avenue and the side facing Roundtree Chevrolet. On the west and south sides we have a concrete block. The two sides face Fairview are concrete block, we have a split face concrete block base up four feet then painted concrete and then a band of ribbed block and then additional painted block above that. 11. Councilman Rountree stated that his preference would be a monument type sign, the lower the better and that it would be helpful for me to see a little more detail in there. Councilman Tolsma stated that he would like to see something in there about the height of the signs and Councilman Rountree stated that his suggestion would be that the City ask the Applicant to provide staff with a rendering of a concept of signage of the from berm of this facility for consideration with some dimensions and locations. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. LYONS AND BAINBRIDGE And that we get their comments and have that so we can incorporate that information into the findings of fact. If that is not acceptable I would suggest that we get some specifics in the findings of fact this evening which may be more confusing to the Applicant. 12. Councilman Tolsma then stated that the City had have never seen a landscaping concept of this or what the design was for berm, other than what our ordinances are for landscaping. And Miss Stiles commented that there was an outline shown on the site plan. Councilman Tolsma then questioned if the landscaping and the signage was the only thing that is in question and whether the City needed an artist's conception of what the City was looking at or if new findings would show what the City needed to know about the landscaping and the signage. He stated that what he was looking for was a concept 13. Miss Stiles stated that she was wondering if the City would like to amend the findings and if maybe the profile and the sign itself would undergo site plan review of the City Council. She wanted to know if the Council wanted to leave the profile and sign to site plan review or whether the Council wanted to amend the Findings of Fact and Conclusions of Law. 14. Councilman Tolsma wanted to know it Gary Smith desired to have a monitoring system on the sewer or a measuring device on the sewer to see how much water goes down there for a sewer rate and he wanted to know if the City had such a device for that? FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. LYONS AND BAINBRIDGE 15. Gary Smith responded that the City does not have anything in present use. He later stated that the ordinance requires, for a commercial establishment, that the city bill them sewer use charges fore the amount of water that goes through the water meter. 16. Council Rountree reminded the Council that the previous Applicant was required to submit a rendering of the landscape plan to the City Council before the city advance it through the approval process for the conditional use permit. 17. Mr. Daugherty finally stated that the Applicant would certainly adhere to the sign ordinance. As far as the landscape plan it was always talked about at staff level that would have to be submitted as part of the building permit process. We are certainly prepared to do that and be subject to whosever recommendation if they are not satisfied with that of course we would redo that until they are satisfied with it. That would be prior to issuing building permit. If you folks have an idea of what you want as far as a sign we would be more than happy to go ahead and agree to that this evening in order to try to speed this process along. He wanted to have a decision that night to get the building plan submitted and start the review process. And at that time that is when they would submit the sign and landscape plans. 18. Councilman Bentley then stated that he personally would like to see something smaller than a twelve foot sign. 19. The property is currently zoned (C-G) General Retail and Service Commercial. In the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Commercial, automobile washing facilities and FINDINGS OF FACT AND CONCLUSIONS OF LAW - page 7. LYONS AND BAINBRIDGE automobile service stations are permitted uses on property zoned (C-G) General Retail and Service Commercial. However, pursuant to the ordinance adopted to annex and zone the property, the property can only be developed as a commercial planned development or under the conditional use permit process. Therefore, pursuant to the ordinance adopted for the annexation and zoning of the property, a conditional use permit for the operation of an automobile washing facility with fuel facilities on the property is required. 20. The (C-G) General Retail and Service Commercial district is described in the Zoning Ordinance, 11-2-408 B. 11 as follows: (C-G) General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highways or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 21. Conditional Use Permit is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 22. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted general and site specific comments, which comments are incorporated herein as if set forth in full. Their comments included that the property was annexed last year with an application by Lamont Kouba. A FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. LYONS AND BAINBRIDGE conditional use permit was granted for a retail space with some office/warehouse space on the southern portion. Their general comments included the following: a. Any existing irrigation/drainage ditches crossing or adjoining the subject property shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped are to be shown on the development plans Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; b. Any existing domestic wells and/or septic systems within the project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non -domestic purposes such as landscape irrigation; C. The Applicant will need to. determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans; d. The Applicant will need to provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department policies. Any needed fire hydrant will need to be in place and activated prior to issuance of a building permit; e. The Applicant will need to coordinate dumpster site locations with the City's solid waste contractor, and located dumpsters so as not to impede fire access. All dumpsters are to be provided with a screened enclosure; f. A minimum thirty five feet landscape setback beyond future right-of-way is required. The Applicant are to provide a detailed landscape plan including bermi.ng details for approval prior to obtaining building permits. Sidewalk/curbing should be installed along Fairview Avenue to provide a finished appearance. Ada County Highway District has requested that money for the sidewalk be deposited into a trust; g. The Applicant are to provide curbing and underground sprinkler system for all landscaped areas; h. The Applicant are to provide temporary fencing to contain debris during construction; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. LYONS AND BAINBRIDGE i. All paving, striping and signage of parking lot is to be in accordance with Meridian City ordinances and the Americans with Disabilities Act; j. Lighting shall not illuminate adjacent residential properties or cause glare, as determined by the City of Meridian; k. A development agreement outlining detailed conditions of approval was a condition of annexation. All uses shall be developed under the conditional use permit process; 1. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning and Zoning Department. A -frame and other temporary signs will not be permitted and will be removed upon three days notice to the Applicant. Sign permits are needed for all signage; M. Any new construction shall be in compliance with the Americans with Disabilities Act and all required Uniform Codes; and n. The Applicant are to provide a revised site plan meeting all staff and agency requirements prior to public hearing before the City Council. Their site specific comments included the following: a. Sanitary sewer service to this development shall be from an existing main that is in place along the west side of the site. The Applicant shall be responsible to construct the sewer mains to and through this proposed development. The Applicant are to coordinate sewer main sizes and locations with the City of Meridian Public Works Department. Development plans shall be reviewed and approved through the Public Works Department. b. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by this proposed development. The Applicant have preliminarily discussed using an existing well on the site for use in the car wash. If this is done, with the approval from Idaho Department of Water Resources, a meter will need to be installed to measure actual contribution to the sewer system. The Applicant shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. LYONS AND BAINBRIDGE enter into a reassessment agreement for sewer and water fees prior to obtaining a building permit; C. Water service to this development shall be from an extension of the existing eight inch diameter main installed along the southerly side of Fairview Avenue. The Applicant are responsible for extension of water service to and through this development. Water service to this development is contingent upon positive results from a hydraulic analysis by the City,s computer model. The Applicant are to coordinate routing with the Meridian Public Works Department. Water lines shall be located on the north and east sides of the roadway centerlines; d. Pressurized irrigation is to be provided per City ordinance. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system will need to be reviewed closely due to the size of the area to be watered. The Applicant shall provide a statement as to the ownership of, and operation and maintenance of the pressurized irrigation system; e. The Applicant are to dedicate four additional feet of right-of-way on Fairview Avenue, 54 feet from the centerline. The Applicant are to furnish a copy of recorded warranty deed for dedication of additional right-of-way prior to applvinq for building permits; f. The Ada County Highway District policy requires that access from Fairview Avenue to this development be located on the east side, and that cross access agreements be entered into for the properties east and west of the property; g. Eighteen three-inch caliper trees are required for this development. Trees may not be located over the existing sewer line or over other utilities. A detailed landscaping plan, including sizes and species, will need to be submitted for approval with the building permit application; h. The Applicant are to submit a copy of the recorded easement agreement for access from the Roundtree Chevrolet property and to the southern portion that is not being developed at this time; i. The Applicant are proposing to split the Fairview frontage property from the remainder of the parcel. This parcel is eligible for a one-time split; however, the proposed split will leave the back portion with no legal frontage. The Meridian City Council will have to approve FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. LYONS AND BAINBRIDGE of the private roadway concept and actual splitting of the property; and j. The Applicant are to indicate any existing FEMA floodplain boundaries on the site plan map, and/or any plans to reduce said boundaries. 23. The Ada County Highway District submitted comments on the subject application, which comments are incorporated herein as if set forth in full. Its comments included the following: a. The Applicant are to dedicate 54 feet of right-of- way from the street centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit, or other required permits, whichever occurs first. The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. If the owner wishes to be compensated for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACED Ordinance #188. The value of the right-of-way will be offset against road impact fees that will be payable before a building permit is issued; b. The Applicant are to pave the driveway easement abutting the site's east boundary its full required width to at least 30 feet beyond the new right-of-way of Fairview Avenue and install pavement tapers with 15 feet radii abutting the existing roadway edge; C. The Applicant are to provide a recorded cross access easement for the parcels to the south to use the property for access to the public streets prior to issuance of a building permit or other required permits; d. The Applicant are to locate a 30 to 36 feet wide driveway on site from the 40 feet easement a minimum of 40 feet south of the new right-of-way of Fairview Avenue; e. The Applicant are to construct a five feet wide concrete sidewalk on Fairview Avenue abutting the parcel, and locate the sidewalk one foot within the new right-of- way of Fairview Avenue; f. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the Ada County Highway District; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. LYONS AND BAINBRIDGE g• Other than access point(s) specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. 24. The Meridian City Police Department and the Meridian Fire Department submitted comments, which respective comments are incorporated herein as if set forth in full. 25. The Meridian Sewer Department submitted comments, which comments are incorporated herein as if set forth in full. Its comments included that the project will require coordination with the Meridian Sewer Department and the pretreatment program during construction and operation. 26. Central District Health Department submitted comments which comments are incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve the proposal for central sewage and central water; that runoff is not to create a mosquito breeding problem; and that it recommends stormwater run-off flow into a grassy swale before discharging to the subsurface. 27. The Nampa & Meridian Irrigation District submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. The Nampa & Meridian Irrigation District's Five Mile Drain courses through the southwest corner of the project. The right-of-way of the Five Mile Drain is 100 feet; 50 feet from the center each way. The Applicant must contact the Nampa & Meridian Irrigation District for approval before any encroachment or change of right-of- way occurs; b. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting; FINDINGS OF FACT AND CONCLUSIONS OF LAW - page 13. LYONS AND BAINBRIDGE C. All laterals and waste ways must be protected; d. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans; e. The developer must comply with Idaho Code Section 31-3805; and f. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 28. That the Findings of Fact of the Planning and Zoning Commission are incorporated herein as if set forth in full, However if there is any conflict between these Finding of Fact and the Findings of Fact of the Planning and Zoning Commission, these Findings of Fact shall control. 29. There were no other comments by the public regarding this application. 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 Applicant' property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning and Development Ordinance of the City of Meridian. 3. The City of Meridian has the authority to take judicial notice of its own ordinances, other governmental statutes and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. LYONS AND BAINBRIDGE ordinances, and of actual conditions existing within the City the State. and 4. The City of Meridian has authority to place conditions a conditional use a on P rmit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained Properly, and on -site or off -site facilities may be attached to Permit; that 11-2-418 D authorizes the City to prescribe a se the period for which a conditional use may be in existence. t time 5• Section I1-2-418 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 Commiion Council may prescribe a set time period for swhich andwhichConditional Use may be in existence. 6. The City Council judges 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. LYONS AND BAINBRIDGE review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the City Council concludes as follows: a. Although an automobile washing facility, with fuel facilities, is permitted use on property zoned (C-G) General Retail and Service Commercial, pursuant to the Ordinance adopted to annex and zone the property, the property can only be developed as a commercial planned development or under the conditional use permit process. Therefore, pursuant to the Ordinance adopted for the annexation and zoning of the property, a conditional use permit for the operation of an automobile washing facility with fuel facilities on the property 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 and the Zoning Ordinance; c . The use is designed and is, apparently, to be constructed so as to be harmonious in appearance with the character of the general vicinity. 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. The use would not be hazardous, nor should it be disturbing, to existing or future neighboring uses if the conditions herein are met; however, traffic may increase, but the development will have a vehicular approach ert which shall be designed to decrease interference withprotraffic on surrounding public streets; e. The Applicant shall be able to provide adequately for the essential public facilities and services such as streets, police and fire protection, drainage structures, refuse disposal, water and sewer, but 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. LYONS AND BAINBRIDGE g• If these 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• The Applicant shall cause the property to have a vehicular approach which shall be designed as not to create an interference with traffic on surrounding public streets, and 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 development, it is decided by the City Council that the following conditions for the granting of the conditional use permit shall be required, to -wit: a. The conditional use, pursuant to the Zoning and Development Ordinance, shall not be transferable to another owner of the subject property or to another property; b. 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; C. The Applicant shall meet the requirements of the City Engineer's office and the Planning and Zoning Administrator, which include the following: 1. Any existing irrigation/drainage ditches crossing or adjoining the subject property shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped shall be shown on the development plans. Plans must be approved by the appropriate irrigation or drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. LYONS AND BAINBRIDGE 2. Any existing domestic wells and/or septic systems within the project will have to be removed from their domestic service per City Ordinance Section 5-7-517; however, wells may be used for non - domestic purposes such as landscape irrigation; 3. The Applicant shall determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans; 4. The Applicant shall provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department's policies. Any needed fire hydrant(s) shall be in place and activated prior to issuance of any building permit(s); 5. The Applicant shall coordinate dumpster site locations with the City's solid waste contractor, and locate dumpsters so as not to impede fire access. All to are to be provided with a screened enclosure; 6. A minimum thirty five feet landscape setback beyond the future right-of-way of Fairview Avenue shall be required. The Applicant shall provide a detailed landscape plan including berming details for approval by the City prior to obtaining building permits. Sidewalk and curbing shall be installed along Fairview Avenue; 7. The Applicant shall provide curbing and underground sprinkler system for all landscaped areas; 8. The Applicant shall provide temporary fencing to contain debris during construction; 9. All paving, striping and signage of parking lot(s) shall be in accordance with Meridian City ordinances and the Americans with Disabilities Act; 10. Lighting shall not illuminate adjacent residential Properties or cause glare, as determined by the City of Meridian; 11. As a development agreement outlining detailed conditions of approval was a condition of annexation, all future uses or development of the Property, whether the northern portion or the FINDINGS OF FACT AND CONCLUSIONS OF LAW - page 18. LYONS AND BAINBRIDGE southern portion, shall be developed under the conditional use permit process; 12• All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage must receive design approval from the Planning and Zoning Department. A -frame and/or other temporary signs shall not be permitted and Will be removed upon three days notice Applicant. to the Sign permits shall be required for all signs; also, since the Applicant's representative stated and represented as follows: "If you folks have an idea of what you want as far as a sign we would be more than happy to go ahead and agree to that this evening in order to try to speed this process along. • And of course at that time that is when we would go ahead and submit the sign plans and the landscape plan.", all signs shall be design approved b Council, or the City Official designated theCityCity City Council to approve sins, Y the ta building permits from the City; he top of any1ninsign shall no be taller than twelve (12) feet above the surface of Fairview Avenue, shall not be larger than one hundred twenty square feet, and shall be "monument" type signs and not be supported by more than one pole, or standard. 13. Any construction shall be in compliance with the Americans with Disabilities Act and all required Uniform Codes; 14. The Applicant shall be responsible for the construction of the sewer mains to and through the development. The Applicant shall coordinate sewer main sizes and locations with the City of Meridian Public Works Department. Any development plans shall be submitted to the Public Works Department for its review and approval; 15. As the treatment capacity of the Meridian Wastewater Treatment Plant is currently evaluated, the approval of this application shall be contingent upon the City's ability to accept the additional sanitary sewage generated by this development; 16. If the Applicant receive approval from the Idaho Department of Water Resources to use an existing FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. LYONS AND BAINBRIDGE well on the site in the car wash, the Applicant shall install a meter to measure actual contribution to the City's sewer system; 17. The Applicant shall enter into a reassessment agreement for sewer and water fees prior to obtaining a building permit(s); 18. The Applicant shall be responsible for the extension of water service to and through the development. Water service to this development shall be contingent upon positive results from a hydraulic analysis by the City's computer model. The Applicant shall coordinate routing of the water service lines with the Meridian Public Works Department. Water lines shall be located on the north and east sides of the roadway centerlines; 19. Pressurized irrigation shall be provided per City ordinance. The Applicant shall provide a statement as to the ownership, operation and maintenance of the pressurized irrigation. system; 20. The Applicant shall dedicate four additional feet of right-of-way on Fairview Avenue, 54 feet from the centerline. The Applicant shall furnish to the City a copy of the recorded warranty deed for or other documentation evidencing the dedication of additional right-of-way prior to applying for building permits; 21. Eighteen three-inch caliper trees shall be required for this development. Trees shall not be located over the existing sewer line or over other utilities. A detailed landscaping plan, including sizes and species, shall be submitted to the City for approval with any building permit application; 22. The Applicant shall submit a copy of the recorded easement agreement for access from the Roundtree Chevrolet property and to the southern portion of the property which is not being developed at this time; 23. The Applicant proposal to split the northern, or Fairview frontage property from the remainder of the property, and the concept of a private roadway shall be subject to approval by the Meridian City Council; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. LYONS AND BAINBRIDGE 24• The Applicant shall provide information of any existing FEMA floodplain boundaries on the site plan map, and any plans to reduce such boundaries. d• The Applicant shall meet the requirements of the Meridian Police Department, Meridian Fire Department Sewer Department, Central District Health Departme t,dian and the Nampa & Meridian Irrigation District. e. The Applicant shall meet the requirements of the Ada County Highway District, which include, but are not limited to the following: 1- The Applicant shall dedicate 54 feet of right-of- way from the street centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit, or other required permits, whichever occurs first; 2. The Applicant shall pave the driveway easement abutting the site's east boundary its full required width to at least 30 feet beyond the new right-of- way of Fairview Avenue and shall install pavement tapers with 15 feet radii abutting the existing roadway edge; 3. The Applicant shall provide a recorded cross access easement for the parcels to the south to use the property for access to the public streets prior to issuance of a building permit or other required permits; 4. The Applicant shall locate a 30 to 36 feet wide driveway on site from the 40 feet easement a minimum of 40 feet south of the new right-of-way of Fairview Avenue; 5. The Applicant shall construct a five feet wide concrete sidewalk on Fairview Avenue abutting the parcel, and locate the sidewalk one foot within the new right-of-way of Fairview Avenue; and 6. Other than access point(s) specifically approved by the Ada County Highway District, direct lot -or parcel access to Fairview Avenue is prohibited. f. The Applicant shall provide a revised site plan meeting all staff and agency requirements prior to public hearing before the City Council. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. LYONS AND BAINBRIDGE 9. The above -conditions are concluded to be reasonable and the Applicant shall meet these conditions. 10. It is decided that if the Applicant meets the conditions stated above the conditional use permit shall be granted to the Applicant; however, if the Applicant fails to meet these conditions, violates any of the conditions contained in these Findings of Fact and Conclusions of Law, or violates any of the Ordinances of the City of Meridian, this Conditional Use Permit may be revoked, but only after due notice of such violation, a hearing on the failure, violation or violations, and a written decision. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The City Council of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COUNCILMAN MORROW VOTED COUNCILMAN BENTLEY VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN TOLSMA VOTED MAYOR CORRIE (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22. LYONS AND BAINBRIDGE DECISION The City Council hereby decides that it approves of the Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions set forth in these Findings of Fact and Conclusions of Law 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. The Applicant shall submit, prior to obtaining a building permit, a detailed landscape plan and a detailed sign plan approved under design approval, both for review by the City Staff and Staff shall make a recommendation and the City Council shall take action on the Staff's recommendation. MOTION: APPROVE • DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23. LYONS AND BAINBRIDGE No Text