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Westside Body Works RZ
PZ n4_ni z MERIDIAN PLANNING & ZONING MEETING NOVember 4, 2004 APPLICANT Wesiside Body Works iTEM NO. M 3 REQUEST Public Hearing: Rezone of 1.674 acres from C -C lo C -G zone for'vVestside BcxiI Warks - 210 Fast Fairvie-W Avenue A GENCY CITY CLERK: CITY ENGINEER: Ci T r PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CiT`Y SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MEFii. TAN IRRIGAT.Oil : SETTLERS' IRRIGATION: li IH I-II_) Yi 1 brK' COMMENTS See attached Staff Comments No Comrreettt See aitactoled Comments No Comment INTERMOUNTAIN GAS: OTHER: e_ ^-f-`Je- .T✓< f IJo_ Fri. Se £.Y e. r}e.�p E_ JCC 11411 r1Ibr VIII VI l V$IIIIU° JCC 31tGI1�d11lf f.3;jam;` p CO .......... H. Dale: Iii' FI ori, UVIC. v MMIC: ipCil2ri: Staff initials: Materials presented of public meetings shall become property of the City f Akridian. MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree CITY OF ert�r�-n ll IDAHO LEGALDEPARTMENT (208) 466-9272 Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 Fax 898-9551 PLANNING AND ZONING DEPARTMENT (208) 884-5533 FAX 888-6854 MEMORANDUM: Transmittal Date: November 1, 2004 Hearing Date: November 4, 2004 To: Mayor, City Council and Planning & Zoning Commissions From: Steve Siddoway, Principal City Planner R -� -"--� IVE, Bruce Freckleton, Development Services Manager NOV U L 2004 Re: Westside Body Works L iiy Of Nleridiaf-' C,it;y Clerk Office Request for a Rezone of 1.674 acres from C -C (Community Business District) to C -G (General Retail & Service Commercial District), by Westside Body Works (File No. RZ-04-013). Request for a Conditional Use Permit for a new Auto Body Shop in a Proposed C -G Zone, by Westside Body Works (File No. CUP -04-042). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Westside Body Works, has requested approval of a rezone of 1.7 acres from C -C to C- G. The Comprehensive Plan depicts the subject property as Commercial, in harmony with the requested zoning designation. The applicant also requests a conditional use permit (CUP) for an Automobile Repair Shop (Body Shop). Automobile Repair Shops are a conditional use in the C -G zone. Ordinance defines Automotive Repair as "the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and cleaning of vehicles." The existing use on the site, Bobby's Transmission, is also deemed an Automobile Repair Shop. However, under the current zoning of C -C, Automobile Repair Shops are technically prohibited, making the existing use a legal non -conforming use. According to Ordinance 11-5-5.A "no existing structure (devoted to a use not permitted by this Title in the district in which it is located) may be enlarged, extended, constructed, reconstructed, moved or structurally altered except by conditional use and except where the use of the structure changes to a use permitted in the district in which it is located." Since the applicant is proposing to tear down the existing automobile repair facility and construct a RZr04-013, CUP -04-042 Westside Body WorrIGALCUP Planning & Zoning Commission/Mayor & City Council November 4, 2004 (Hearing Date) Page 2 new one, staff has requested that the applicant clean up the current nonconforming status by rezoning the property to C -G and submitting a Conditional Use application for the project. The applicant has complied with this request by submitting these applications. The proposed rezone will not constitute a spot zone. It will add one lot to a continuous block of C -G over a mile long to the east. Staff is in support of the rezone. It will clean up a long-standing nonconformance issue for the City. Staff also supports the conditional use permit. Technically the use of the site is not changing—it is going from one type of automobile repair facility to another. With the new project, the existing dilapidated structures will be replaced with a new facility, improved landscaping (the current site has none), improved parking (much of the current parking is not paved), improved fire protection, improved trash containment, and enhanced screening and buffering for surrounding properties. The question of possible additional impacts is related to noise from the larger facility and fumes from the paint booths. The applicant should be prepared to discuss these issues and measures taken to address these impacts. LOCATION & SURROUNDING USES The subject property is located on the north side of Fairview Ave., at 210 E. Fairview, approximately / mile east of Meridian Road. The following uses surround the subject property: North – Vacant Land owned by Cherry Plaza Associates, zoned C -C and La Playa Manor Estates Subdivision, zoned R-8. South – Commercial properties, including Jack -in -the Box, zoned C -C and Rocky Mountain Collision & RV Repair, zoned R-8. East – Big O Tire, zoned C -G. West – Commercial properties, including The Cigarette Store and Schuck's Auto Supply, zoned C -C. OWNER OF RECORD The owner of record is the Bodine Family Trust, who has given consent for the applicant to submit the requested applications. STANDARDS FOR ZONING AMENDMENT The Commission and Council shall review the particular facts and circumstances ofeach proposed zoning amendment in terms of the following standards and shall f nd adequate evidence answering the following questions about the proposed zoning amendment (11-15-11): A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive plan amendment; RZ04-013, CUP -04-042 Westside Body Works. RZ.CUP Planning & Zoning Commission/Mayor & City Council November 4, 2004 (Hearing Date) Page 3 Staff finds that the requested C -G zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Commercial". The text of the Comprehensive Plan (page 99) states that "this designation will provide a full range of commercial and retail to serve area residents and visitors." The purpose of the C -G zone per Ordinance 11-7-2.K. 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 ... arterial streets; [and] to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public." B. Is the area included in the zoning amendment intended to be re -zoned in the future; Staff finds that the proposed re -zone and accompanying development plans comply with the requested zone and staff does not anticipate that the property will be rezoned again in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning; Staff finds that the applicant has submitted detailed development plans for a Conditional Use Permit for the property. Staff further finds that the proposed automobile repair facility will only be allowed with the approval of a Conditional Use Permit in the proposed C -G zone. The proposed project meets the intent of the C -G zone, as defined in item A, above. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned; The site has long been used as an automobile repair shop (transmission repair) which dictates that the C -G zone would be more appropriate to clean up the existing nonconforming use of the property, as discussed in the project summary. Staff also finds that the City's Comprehensive Plan provides the applicant with the ability to request the C -G zone for the subject property. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed development is designed in a manner that will be harmonious with and appropriate in appearance with the existing surrounding land uses. The proposed project will add street buffers, parking, trash enclosure, and perimeter landscaping all of which do not currently exist on the site. Since the prior use is also related to automobile repair, it will not change the essential character of the area. RZ-04-013, CUP -04-042 Westside Body Wor6.RZ.CUP Planning & Zoning Commission/Mayor & City Council November 4, 2004 (Hearing Date) Page 4 F. Will not be hazardous or disturbing to existing or future neighboring uses; Staff finds that the requested rezone should not be hazardous or disturbing to existing or future neighboring uses, except as noted in item I below. As noted earlier in this report, the project will clean up and improve a site currently devoid of landscaping or other site improvements. However, staff has received calls from concerned citizens and does anticipate that their concerns will need to the addressed at the public hearing. Therefore, the Commission and Council should consider all public testimony, oral and written, before making this finding. G. Will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such service; Staff finds that the proposed uses can be adequately served by all essential public services and facilities. Fairview is a principal arterial street designed to handle high traffic volumes. The applicant has met separately with the Fire Department and Sanitary Services to address their needs. Water and sewer already exist to the site. All drainage will be retained on site. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, staff finds that the proposed rezone would not be detrimental to the economic welfare of the community. I. Will not involve uses, activities, processes, materials, equipment, and conditions that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed auto body shop does involve processes that have the potential of impacting surrounding properties with noise and fumes. The process of auto bodywork can be noisy, but is planned to be fully contained in the proposed structure. The process of painting involves potentially noxious paint fumes, but it is staff's understanding that the facility will include air filtration systems that prevent air pollution to all federal standards. The applicant should address the issues of noise and fumes and describe all measures taken to address these potential impacts. I Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; RZ-04-013, CUP -04-042 Westside Body Works.RZCUP Planning & Zoning Commission/Mayor & City Council November 4, 2004 (Hearing Date) Page 5 Staff finds that the proposed C -G zoning will not interfere with general traffic patterns on any public streets. Please refer to the revised ACHD staff report for a full report on traffic issues. One of the proposed curb cuts must be abandoned per ACHD comments. The remaining curb cut will be aligned with 2'/2 Street to minimize turning movement conflicts. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Staff finds that there are no existing trees on site. No other natural or scenic features will be lost or damaged by the project. The project does not encroach into the irrigation district's 50 -foot wide easement along Five Mile Creek. L. Is the proposed zoning amendment in the best interest of the City; Staff finds that the proposed rezone would be in the best interest of the City because it cleans up an existing nonconforming use issue and complies with the Comprehensive Plan. SITE SPECIFIC COMMENTS (Rezone) 1. The legal description submitted with the application is accurate and meets the requirements of the City of Meridian and State Tax Commission. Note that the corrected acreage for the rezone is approximately 1.98 acres per the stamped legal description. 2. The subject property is within the Urban Services Planning Area. 3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 4. A Development Agreement will not be necessary with this rezone. All conditions of approval will be made as part of the conditional use permit. STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open RZ-04-013, CUP -04-042 Westside Body Works.RZ.CUP Planning & Zoning Commission/Mayor & City Council November 4, 2004 (Hearing Date) Page 6 spaces, parking, landscaping and other features as may be required by this ordinance; The proposed building is 18,129 s.f. total. 2,200 s.f. is office and 15,929 s.f, is made up of 20 repair bays. Ordinance requires 1 parking space per 400 s.f. for office and 2 parking spaces per service bay for motor vehicle repair. Thus, the office space requires 6 spaces and the repair bays require 40 spaces, for a total of 46 required spaces. The proposed project has 55 parking spaces. Regarding landscaping, staff has agreed to support reducing the width of the street buffers from 25 feet to 23 feet through Alternative Compliance. 23 feet is the approximate maximum continuous buffer the City is likely to get along this portion of Fairview between the future right-of-way and the face of existing buildings. Perimeter and internal landscaping requirements are met. Staff finds that the subject property, as depicted, is large enough to accommodate the required parking, open spaces and landscaping required by the ordinance. C. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The current Comprehensive Plan Land Use Map designates the property as Commercial. Staff finds that if the modifications required in this report are done, the application will meet the requirements of the Conditional Use and other Zoning Ordinances. See items A and C under the Zoning Amendment Analysis. D. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds the design concept to be compatible with the intended character of the area. See item E under the Zoning Amendment Analysis. E. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed development will have an adverse impact on the surrounding property. However, the Commission and Council should consider any testimony given at the public hearings before making this finding. F. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; See comments under the Zoning Amendment Analysis item G. RZ-04-013, CUP -04-042 Westside Body Worlcs.RZ.CUP Planning & Zoning Commission/Mayor & City Council November 4, 2004 (Hearing Date) Page 7 G. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; See comments under the Zoning Amendment Analysis item H. H. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; See comments under the Zoning Amendment Analysis item I. I. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; See comments under the Zoning Amendment Analysis item J. J. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. See comments under the Zoning Amendment Analysis item K. SPECIAL CONSIDERATIONS Revised Plan: The applicant has submitted a revised site plan dated October 20, 2004. During staff level review of the project, several issues were noted that the applicant has already addressed in the revised plan. Modifications from the original plan include: • Two of the existing accesses have been abandoned per ACHD comments and the remaining access has been slightly shifted to align with 2 '/z Street across Fairview. • The north end of the landscape planter has been replaced with a drive aisle access. This addresses the Fire Dept.'s concern about the long dead end drive aisle and also provides SSC with better access to the trash enclosure. • Trees were added in the perimeter landscape buffer around the northernmost parking area. • A perimeter buffer was added in the southwest corner. • Islands have been added to break up the long row of parking. • The trash enclosure has been offset 5 feet from 2 -hour rated fire wall per Fire Dept. requirements and the enclosure has been redesigned per SSC specifications. • Back -out areas have been added next to the end of parking rows. RZ-D4-013, CUP -04042 Westside Body Wofl s RZ.CUP Planning & Zoning Commission/Mayor & City Council November 4, 2004 (Hearing Date) Page 8 • The trees in the parking area have been changed from a prohibited conifer species to an approved deciduous species. 2. Alternative Compliance: Staff has agreed to support reducing the width of the street buffers from 25 feet to 23 feet through Alternative Compliance. 23 feet is the approximate maximum continuous buffer the City is likely to get along this portion of Fairview between the future right-of-way and the face of existing buildings. The Commission and Council should consider the appropriateness of this modification. See condition #2 below. 3. Pathway: The Comprehensive Plan shows a 10 -foot wide multi -use pathway along Five Mile Creek behind the proposed project. It has not yet been determined which side of the creek the pathway will be on in this location. There are existing barriers on both sides of the creek. Staff will work on a recommendation and bring it to the hearing for the Commission's consideration. 4. Rock Mulch: The applicant is proposing to use decorative crushed rock mulch in all planting areas and around the base of the trees. Rock mulch is currently prohibited in these areas, but the Commission recently recommended approval of an ordinance modification that would allow the rock mulch. Approval of the rock as proposed is contingent on Council approval of the proposed ordinance modification. If the ordinance is not passed by Council, the rock mulch will have to be changed to organic mulch, such as bark. See condition #3 below. 5. Parkine Layout: Minimum parking dimensions per ordinance are 9 x 19. As currently drawn, some spaces do not meet this minimum dimension. On the south and east sides, there is ample extra room in the adjacent drive aisles to accommodate the deeper stalls just by painting the stalls longer. On the north side of the building, however, the space is currently too tight to meet ordinance. hi this location, staff would approve of allowing 17 -foot deep stalls along the north boundary with a 2 -foot overhang; the drive aisle should be widened to 25 feet, minimum; and the spaces adjacent to the building should be at least 19 feet deep. This will require shifting the building slightly toward Fairview, but there appears to be plenty of room in the front drive aisle (33 feet) to absorb this shift without a major revision of the site plan. See condition #6 below. 6. Signage: The applicant has provided sign area calculations and show the intended location for a future freestanding sign. Staff notes that if no freestanding sign is used, 18% of the wall area, or 380 s.£, maybe used for wall signage; if a freestanding sign is used, the wall sign area is reduced to 9%, or 190 s.f. maximum. See Condition #8 below. 7. Noise & Fumes: Staff has received calls from concerned citizens regarding potential impacts from noise and fumes. The applicant should describe measures taken to address these potential impacts for the Commission and Council as part of the public record. RL04-013, CUP -04-042 Westside Body Wo&RLCUP Planning & Zoning Commission/Mayor & City Council November 4, 2004 (Hearing Date) Page 9 CONDITIONS OF APPROVAL 1. The building and site improvements shall be constructed per the approved plans with all modifications required by this report. 2. The minimum landscape street buffer dimension for this project shall be 23 feet along Fairview Avenue. 3. The use of rock mulch is contingent on Council approval of the proposed landscape ordinance modification currently in process. If the ordinance is not passed by Council, the rock mulch will have to be changed to organic mulch, such as bark. The project will be regulated by the ordinance in effect at the time of application for a Certificate of Zoning Compliance (CZC). 4. A Certificate of Zoning Compliance will be required prior to review of building permits. 5. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11- 17-4.B. 6. Sanitary sewer and domestic water service to this site shall be via service line extension from the existing mains adjacent to the property. Assessment fees shall be determined during the building permitting process. 7. All 90 -degree parking stalls shall be at least 9 feet wide and 19 feet deep per Ordinance 1I- 13 -4.F. All drive aisles adjacent to parking shall be at least 25 feet wide. The northernmost row of parking adjacent to the landscape buffer maybe reduced to 17 feet deep. 8. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. ). All signage shall be in accordance with the standards set forth in this report and Section 1I- 14 of the City Zoning and Development Ordinance. If no freestanding sign is used, 18% of the wall area, or 380 s.£, maybe used for wall signage; if a freestanding sign is used, the wall sign area is reduced to 9%, or 190 s.f. maximum. All signage shall require separate sign permit(s)- 10. All exterior lighting, whether attached to the building or located within the parking lot, shall be down -shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance I I - 13-4C. 11. All construction and site improvements shall conform to the requirements of the Americans RZr04-013, CUP -04-042 Westside Body Works.RZCUP Planning & Zoning Commission/Mayor & City Council November 4, 2004 (Hearing Date) Page 10 with Disabilities Act and the adopted building and fire codes. 12. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 13. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed project. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Fire Department Conditions Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 t/Z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3. Provide a 20' wide Fire Lane for all internal & external roadways. 4. Commercial and office occupancies will require a fire -flow consistent with the hitemational Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. 5. Maintain a separation of 5' from the building to the dumpster enclosure. 6. Provide a Knoxbox entry system for the complex. All processes & storage practices shall be required to comply with the International Fire Code. Westside Body WorlmRZ.CUP RZ-04-013, CUP -04-042 Planning & Zoning Commission/Mayor & City Council November 4, 2004 (Hearing Date) Page 11 8. Provide exterior egress lighting as required by the International Building & Fire Codes. Sanitary Services Comment: Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. Parks Department Comment: 1. The Parks Department has no concerns with the site design as submitted with the application. RECOMMENDATION Upon resolution of the special considerations raised in this report, staff recommends approval of this application with the aforementioned conditions of approval. RZ-04-013, CUP -04-042 Westside Body Works.RZ.CUP Ada County Highway District 3775 N. Adams Street .Inn c Franden. President ,.,,.,,,.., n;ti, In R471d-ndQQ David E. Wynkoop 1st Vice President Susan S. Eastlake, 2nd Vice President Sherry R. Huber, Commissioner Dave Bivens, Commissioner October 26, 2004 To: Westside Body Works 459 N. Five Mile Road Boise, Idaho 83713 Subject: MCUP04-042/MRZ04-013 15,929 s.f. Auto Body Shop 210 E. Fairview Avenue Phone (208) 387-6100 FAX (208) 387-6391 E-mail: RECEIVED OCT 2 8 2004 City of Meridian City Clerk Office On October 26, 2004, the Ada County Highway District staff acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at 208-387-6174. Sincerely, ,^� 11 l�* VV ° ori Den Hartog Planner II Right-of-way & Development Services, Planning Division CC: Project file, Construction Services, Drainage, Utilities City of Meridian Dale Binning Architecture P.O. Box 686 Boise, Idaho 83701 Ada County Highway District & Development Department Planninz Review Division This application does not require Commission action and is approved at the staff level as of October 26, 2004. Tech Review for this item was held with the applicant on October 22, 2004. Please refer to the attachment for appeal guidelines. Staff contact: Lori Den Hartog, phone: 387-6174, E-mail: Wcnhartogaachd. ada. id. us File Numbers: MCUP04-0421MRZ04-013 Site address: 210 E. Fairview Avenue Applicant: Westside Body Works 459 N. Five Mile Road Boise, Idaho 83713 Representative: Dale Binning, Architect P.O. Box 686 Boise, Idaho 83701 Application Information: The applicant has submitted the above referenced application to the City of Meridian requesting rezone an conditional use permit approval for the development of a 15,929 square foot auto body facility on 1.75 -acres. The site is located east of Main Street, at 210 E. Fairview Avenue. Acreage: 1.7 Existing Zoning: C -G Proposed Zoning: Building square footage: 15,929 Vicinity Map A. Findings of Fact 1. Trip Generation: This development is estimated to generate 450 additional vehicle trips per day (224 existing) based on the Institute of Transportation Engineers Trip Generation Manual, Automobile Care Center land use designation. 2. Impact Fees: There will be impact fees that are assessed and due prior to issuance of any building permits. The assessed impact fees will be based on the impact fee ordinance that is in effect at that time. 3. Traffic Impact Study: A traffic impact study was not required with this application. 4. Site Information: The site is currently utilized for a transmission repair shop and a retail carpet sale center. 5. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Vacant and Single-family residential C -C and R-8 South Commercial C -C East Commercial C -G West Commercial C -C Roadway Frontage Functional Traffic Count Level of Speed Classification Service* Limit Fairview 207' Principal Arterial 25,498 east of Main on Better 35 MPH 10/29/03 than "C" Main None Minor Arterial 15,857 south of Carlton "D" 35 MPH on 12/2/03 *Acceptable level of service for this five lane arterial roadway p-auview/ is --t tsr,uuu v i U). *Acceptable level of service for a 3 lane arterial roadway (Main) is "D" (17, VTD). 7. Roadway Improvements Adjacent To and Near the Site • Fairview Avenue is improved with vertical curb, gutter, and sidewalk abutting the site. There is no curb, gutter, or sidewalk adjacent to the east of the site. Fairview Avenue has four travel lanes, a center turn lane, and no bike lanes. 8. Existing Right -of -Way • Fairview Avenue currently has 113 -feet of right-of-way abutting the site (60 -feet from centerline). 9. Existing Access to the Site There are three 40 -foot wide curb cut driveways into the site on Fairview Avenue. 10. Site History ACHD has not previously reviewed this site for a development application. 2 11. Capital Improvements Plan/Five Year Work Program Fairview Avenue is scheduled in the Capital Improvements Plan (#126) to be widened to 7 lanes from Meridian Road to Maple Grove in 6 to 10 years. B. Findings for Consideration Right -of -Way Fairview nue District policy requires 120 -feet of right-of-way on principal arterial roadways (Figure 72-F3). This right-of-way allows for the construction of a 7 -lane roadway.with curb, gutter, 5 -foot concrete detached sidewalks and bike lanes. There is approximately 60 to 62 -feet of right-of-way existing abutting the site. No additional right-of- way is required to be dedicated with this application. 2. Driveways Location District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 35 to align or offset a minimum of 150 -feet from any existing or proposed driveway. The applicant has proposed to close one of the three existing driveway on Fairview Avenue and utilize the remaining two driveways. The driveway proposed to be closed is located approximately 95 -feet east of the west property line. The driveway will be required to be closed with matching vertical curb, gutter, and sidewalk. Staff is supportive of the closure of this driveway as the location does not meet District offset policy. The first driveway proposed to be retained is located approximately 30 -feet east of the west property line. This driveway offsets a driveway on the south side of Fairview Avenue by only 35 -feet. This driveway does NOT meet District policy and should be required to be closed with this application. This driveway will be required to be closed with matching vertical curb, gutter, and sidewalk. The second driveway proposed to be retained is located directly on the east property line. This driveway is approximately in alignment with 2 Y2Street on the south side of Fairview Avenue. At the technical review meeting on October 22, 2004, the applicant and District staff agreed upon closing the two westemmost driveways, and shifting the driveway on the east property line to directly align with 2 % Street on the south side of Fairview Avenue. This agreement is in accordance with District policy. The applicant has also offered to re -construct the sidewalk in its ultimate location. This proposal meets District policy and the applicant has the option to either re -construct the sidewalk in its existing location or re -construct it at the back edge of the existing right-of-way. Width District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 35 -feet. Most commercial driveways will be constructed as curb -cut type facilities if located on local streets. Curb return type driveways with 15 -foot radii will be required for driveways accessing collector and arterial roadways. 3 The existing driveways on Fairview Avenue are all curb -cut driveways, and they are each 40 -feet in width. District policy restricts commercial driveways to a maximum width of 35 -feet, and requires that commercial driveways be constructed as curb -return type driveways when accessing collector and arterial roadways. The driveway on the on the east property line is shared with Big -O Tires adjacent to the east of this site. Big -O Tires utilizes that driveway for their semi -truck delivery vehicles. Therefore, because the driveway is shared and it is not this site that is generating the need for the wider driveway, District staff will grant a modification of policy to allow a 40 -foot wide driveway. However, it will need to be reconstructed as a curb return type driveway. 3. Other Access Fairview Avenue is classified as a principal arterial roadway. Other than the access specifically approved with this application, direct access to Fairview Avenue will be prohibited. 4. Commuteride Alternative Transportation Program (ATP) In order to reduce trips to and from this development it is recommended that Tenants occupying the proposed building be required to provide an Alternative Transportation Program for employees and provide an annual report to ACHD on employee participation. Commuteride staff will coordinate the Alternative Transportation Program with the applicant. For more information contact Catherine Sanchez at 367-6160. Transportation Management Association (TMA) or Transportation Management Organization (TMO) In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, carpools, bicycle and walking enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACHD Commuteride Office. C. Site Specific Conditions of Approval 1. Close the existing 40 -foot wide driveway on Fairview Avenue located approximately 30 -feet east of the west property line with matching vertical curb, gutter, and sidewalk. The applicant may close the driveway by matching the existing vertical curb and gutter and may re -construct the sidewalk at the back edge of the existing right-of-way, as proposed. 2. Close the existing 40 -foot wide driveway on Fairview Avenue located approximately 95 -feet east of the west property line with matching vertical curb, gutter, and sidewalk. The applicant may close the driveway by matching the existing vertical curb and gutter and may re -construct the sidewalk at the back edge of the existing right-of-way, as proposed. 3. Reconstruct the existing driveway at the east property line, to be directly in alignment with 2'/z Street on the south side of Fairview Avenue, as a curb -return driveway. The driveway shall be no wider than 40 -feet. 4 4. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. 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. 7. 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. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. 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. 11. 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 a waiver/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. E. Conclusions of Law 5 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. 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. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines 4. Development Process Checklist N 7 04 0 H A i T ! A 1 A V 1 H W H r rrrrrra :b iiiimmu; zff = 111HI�:14111 fill j *WESTSIDE BODY WORKS, INC �. DALE BINNINCr G O ARCIFIII�']6CB' anr.,rr- an .w.r .I�w wv�Hw O �euw ewxo O w�a ..a .o. N. a .aa. � . me,.o.N ► I ■ F �P : r rrrrrra :b iiiimmu; zff = 111HI�:14111 fill j *WESTSIDE BODY WORKS, INC �. DALE BINNINCr G O ARCIFIII�']6CB' anr.,rr- an .w.r .I�w wv�Hw O �euw ewxo O w�a ..a .o. N. a .aa. � . me,.o.N Request for Appeal of Staff Decision Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply, and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. M Development Process Checklist ®Submit a development application to a City or to the County ®The City or the County will transmit the development application to ACHD ®The ACHD Planning Review Division will receive the development application to review ZThe Planning Review Division will do one of the following: ❑Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time. ❑Send a "Comply With" letter to the applicant stating that'd the development is within a platted subdivision or part of a previous development application and that the site specific requirements from the previous development also appl; to this development application. ®Write a Staff Level report analyzing the Impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. []Write a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. []The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports. ❑For ALL development applications, including those receiving a "No Review" or "Comply With" letter: • The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development RevieN Division for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee calculation.) • The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way, including but not limited to, driveway approaches, street improvements and utility cuts. []Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (Zone) ❑ Driveway or Property Approach(s) • Submit a "Driveway Approach Request" form to Ada County Highway District (ACHD) Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. ❑ Working In the ACHD Right -of -Way • Four business days prior to starting work have a bonded contractor submit a'Temporary Highway Use Permit Application" to ACHD Construction — Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are placing >600 sf of concrete or asphalt. Construction (Subdivisions) ❑ Sediment & Erosion Submittal • At least one week prior to setting up a Pre -Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, must be turned into ACHD Construction — Subdivision to be reviewed and approved by the ACHD Drainage Division. ❑ Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre -Con being scheduled. ❑ Final Approval from Development Services 0 ACHD Construction — Subdivision must have received approval from Development Services prior to scheduling a Pre -Con. M William:G. Berg Jr. City Clerk City of Meridian 33 East Idaho Ave. —3632 — - RE: RZ 04-013 & CUP 04-042 Dear Will: P n l'F IVI`:ill rriris �i 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RZ04-013 Nampa & Meridian Irrigation District has no comment on the above referenced application for rezone of 1.674 acres from C -C tU C -G zone for Westside Body Works. CUP04-042 Nampa & Meridian Irrigation District requires that a Land Use Change Application be filed, for review, prior to final platting. Please contact Donna, Moore at 466-7861 for further information. All laterals and waste ways must be protected. The District's Five Mile Drain courses through the northeast corner of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Thank you, ��>/ Bill He son Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: Water Superintendent File - Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Dale Binning, Architect P 0 Box 686 Boise, ID 83701 -RE: -Land-UseChange-Application- Dear Mr. Binning: COPY 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above -referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must Gear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, Donna N. Moore, Asst. Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNMlsmc cc: File Water Superintendent Will Berg, City Clerk, Meridian City Bodine Family Trust, PO Box 116, Meridian, ID 83680-0116 enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 AFFIDAVIT OF POSTING STATE OF IDAHO ) COUNTY OF ADA ) I, Mike Arnold Premier Signs Inc 2100 E. Fairview Avenue, Suite 7 855-0380 (name) (address) (phone) Meridian Idaho being first duly sworn upon (city) (state) oath, depose and say: I personally posted the subject property with the hearing notice sign 10 days prior to the public hearing for a CUP and rezone for the operation of a body shop. Dated this 20t". day of October 2004 "(Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. 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