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HomeMy WebLinkAboutCentennial Motors CUP-00-047BEFORE THE MERIDIAN CITY COUNCIL C/C 11/08/00 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR REDUCTION IN FRONT LANDSCAPE SETBACK IN A C-G ZONE FOR A USED CAR DEALERSHIP, LOCATED WEST OF MERIDIAN ROAD ON FRANK_LIN ROAD, MERIDIAN, IDAHO SAM FISHEL, APPLICANT. Case No. CUP-00-047 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT The above entitled request to modify an existing conditional use permit having come before the City Council on November 8, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shaft Stiles, Planning and Zoning Administrator, appeared and testified, and the Applicant, Sam Fishel, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public heating and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby mai<es the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-O0-047) FINDINGS OF FACT 1. A notice of a public hearing on the request to modify an existing conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 8, 2000, before the City Council; the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen(15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said heating and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the November 8, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff reportl FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-O0-047) 3. This proposed development request is in a C-G zone by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located west of Meridian Road on Franldin Road, Meridian, Idaho. 5. The owner of record of the subject property is George S. Fishel and Larree G. Fishel of Meridian. 6. Applicant is owner of record. 7. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests modification of an existing conditional use permit for reduction in landscape setback. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-00-047) Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt tl~e Recommendations of the Planning and Zoning and Engineering staff as follows: 12.1 Applicant's conditional use shall be approved based upon the submitted application and proposed site/landscape plan, and the front landscape setback shall be reduced to 20 feet. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as ".Existing Urban". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-00-047) -4 harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-O0-047) 6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will 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; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-00-047) -6 f. facilities and community; Will not create excessive additional requirements at public cost for public services and will not be detrimental to the economic welfare of the g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in a General Retail and Service Commercial (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the condusion of the public hearing the COmmission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-00-047) approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER MODIFYING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOP. MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-00-047) -8 OF FACT AND CONCLUSIONS OF LAW, the City Coundl does hereby ORDER and this does Order that: 1. That the existing conditional'use permit for the above named applicant for a reduction in front landscape setback for a used car dealership in a C-G zone located west of Meridian Road on Franklin Road, Meridian, Idaho, is granted subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 Applicant's modified conditional use shall be approved based upon the submitted application and proposed site/landscape plan, and the front landscape setback shall be reduced to 20 feet. 2. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 3. That the City Attorney draft an Order Modifying Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Cleric and then a copy served by the Cleric upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-00-047) -9 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the of //(/~Ve/"/'v~)~", 2 O00. ROLL CALL: COUNCILMAN RON ANDERSON VOTED day COUNCILPERSON KEITH BIRD VOTED ~' COUNCILMAN TAMMY deWEERD VOTED COUNCILMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-00-047) 10 MOTION: APPRoVED:.~--~~--' DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. ,,,~,m.,,,,,,~,, ByCity Clerk Dated: a/~* ~~8~fi ~ · ,,,.,,~..~,,e msg/Z:\Work~MX~VleridianXNIeridian 15360M~Centennial Motors VAR\CUPFindings047.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL/ZONED C-G / (CUP-O0-047) 11 BEFORE THE MERIDIAN CITY COUNCIL N OV :2 0 2000 I"[T OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A REDUCTION IN FRONT LANDSCAPE SETBACK IN A C- G ZONE FOR A USED CAR DEALERSHIP, LOCATED WEST OF MERIDIAN ROAD ON FRANKLIN ROAD, MERIDIAN, IDAHO SAM FISHEL, APPLICANT. Case No. CUP-00-047 ORDER GRANTING MODIFICATION OF A CONDITIONAL USE PERMIT This matter coming before the City Council on the 21 ST day of November, 2000, under the provisions of Meridian City Code § 11-17-4 for final action on a request to modify a conditional use permit and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the existing conditional use permit for the Applicant for a reduction in front landscape setback for a used car dealership in a C-G zone located west of Meridian Road on Franldin Road, Meridian, Idaho, is granted subject to the following conditions of use and development: ORDER GRANTING MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL/ZONED C-G/(CUP-00-047) Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 Applicant's modified conditional use shall be approved based upon the submitted application and proposed site/landscape plan. 2. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 3. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this pennit. By action of the City Council at its regular meeting held on the ,2000. l~obe~lt D. ~rJrrie, May-'6~r ~ty of Meridian day of Copy served upon Applicant, the Planning and Zoning Department, Department and City Attorney. City Clerk Dated: msg/Z:\WorkMVlkMeridian~Meridian 15360MkCentennial Motors VAR\CUPOrder047.wpd Public Works ORDER GRANTING MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-00-047)