Loading...
HomeMy WebLinkAboutWestside Body Works RZ-04-013 CUP-04-042 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Rezoning 1.67 Acres from C-C to CoG, AND Conditional Use Permit Approval for a New Auto Body Shop, by Westside Body Works. Case Nos. RZ-04-013, CUP-04-042 For the City Council Hearing Date of: November 30, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matters were duly considered by the City Council at the November 30,2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. c. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. 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 report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-O4-024, PP-O4-031, AND CUP-O4-033 - PAGE 1 oI5 verified that the property owner(s) of record at the time of issuance of these findings are Bodine Family Trust. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit E for the findings required for the Annexation and Zoning application. b. See Exhibit F for the findings required for the Conditional Use Permit application. B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated October 20, 2004 as shown in Exhibit B, and the Conditions of Approval in Exhibits C and D. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-O4-024, PP-O4-031, AND CUP-O4-033 - PAGE 2 of5 1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated October 20, 2004 is hereby conditionally approved; 2. The following change to the Conditional Use Permit Conditions of Approval were made at the City Council hearing; a) The maximum height of materials stored on site shall be no greater than the height of the fencing, b) Construct a solid fence around the storage area. Work with Planning staff to ensure that the (screening) goals discussed at the public hearing are realized; and, 3. The site specific and standard conditions of approval are as shown in Exhibits C and D. D. Notice of Applicable Time Limits I. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfY the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void (MCC 1I-17-4.B.). E. Notice of Final Action and Right to Regulatory Takings Analysis I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the [mal decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-O4-024, PP-O4-031, AND CUP-O4-033 - PAGE 3 of5 2. 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 approval 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. F. Exhibits Exhibit A: Legal Description (2 pages) Exhibit B: Approved Site Plan (with conditions) Exhibit C: Rezone Conditions of Approval Exhibit D: Conditional Use Permit Conditions of Approval (all agencies) Exhibit E: Exhibit F: Rezone Findings Conditional Use Permit Findings Bþ~ tlJe City Council at its regular meeting held on the ~ , 2004. / f-'/:; day of COUNCIL MEMBER SHAUN WARDLE VOTED /j1;r4~ COUNCIL MEMBER CHRISTINE DONNELL VOTED~ VOTED-þ VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD Attest: Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attomey. By:~aÀDJ.m-Å^ 0 ~ r\U City Clerk's Office Dated: 12-30-04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOS. AZ-O4-024, PP-O4-031, AND CUP-O4-033 - PAGE 5 of5 EmmIT A Legal Description (2 pages) Sep 14 04 02,54p Joe Hicks '.J ..4-53SS p.2 i I.DAHO SURVEY GROUP '450""_", ""'" ISO ........... Idoho Ø3642 --'---_..~... ....... (208) """'70 Fox (2œ) 88Mm Project No. 04-204 Westside Body Works Rezone CC to CG September 14. 2004 A parcel of land located in the Southwest Y. of Seotion 6, T.3N., R.1 E., B.M., Ada County, Idaho, IDO{e particularly described as follows: Commencing at !be Southwest comer of said Section 6, ftom which the South Yo comer of said seotioo hems North 88"01'10" East, 2404.62 feet Thence North 88°01'10" East, 921.62 feet to be !be REAL POINT OF BEGINNING. Thence North 00°13'50" West, 412.23 feet; Thence North 88"01 '10" East, 209.03 feet; Thence South 00"21 '46" East, 412.21 fee!; to a point on the South line of said Section 6; Thonce South 88°01"10" West, 209.98 feet to !be POINT OF BEGINNING. Containing 1.98 acres, more or less. Prepared By. Idaho Survey Group, P.C. MenlDlAN PU8We we_DEPT. ::~~ SEP 27 ~ "\-""-""'õ'J'll"t'fflWoi'\l~n d Sur.. y 0 r, Sep 27 04 ¡2,OSp . .t o. .."-5399 p.2 N~ L - -----¡ ,- - 2O9.OJ' I I I t ~I§ ~i~ WESTSIDE BODY WORKS 1... Acres ZONIN<> CG I~ ~I~ ~¡~ J REAL POINT OF BEGINNINa , ZO9.98' - "273.02' S,6 1/4 ---- ~ BASIS OF BEARING N 88"01'10" E 2404.62' REZONE EXHIBIT DRAWING FOR WESTSIDE BODY WORKS ",,""'" . .. '" 'I< '" ...... ~ ""'. ..., "'-. ...""""- t"'1IJ II ~. II ¡; ... .. '1 n ~ II II ... II ;- 00 '1 ¡; II Q EXHIBIT B Approved Site Plan Westside Body Works (File CUP-04-042) I ~ ... Ii 01 c: I , -----~ __Ll~--------- ! 1_____- ------- ~----------1--'- ---------~-. v , . .. . . . . . B 1,1 i ..OT .. ¡ 'j II 11 .1 181}!¡lt 08 ô~ 08 i U III . II H E II ' . C I! I. ~ I I I P , : Þ R . Þ II I-,~ I ¡ ¡ I i ¡ ! i I I ' ~ !: : 'I = I j¡ ! !! II : Ii i¡ ¡ II i:!11 : ¡HIì!l j ! ~ ,I ¡ I ! í ¡ d Ii !! ¡ II!!IIII . ¡ ".,'.II!I; .1,"1 ! 'I I ! '! i ! !m~!!' III ! I 0 ~WBSTSIDE BOD.Y WORKS INC e. DALE BINNING. .:. J , ... AJRCJHm'II'lHC'II' II I -.-.........-.. c -.....,.- 0 ...., ..~_.u.-.....::"= 4, EXHmIT C Rezone Conditions of Approval Westside Body Works (File RZ-04-013) The City Council of the City of Meridian hereby approves the Rezone as requested by the Applicant for the property described in the application, subject to the following: 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, A Development Agreement will not be necessary with this rezone, All conditions of approval will be made as part of the conditional use permit. EXHIBIT D Conditional Use Permit Conditions of Approval Westside Body Works (File CUP-04-042) The City Council of the City of Meridian hereby approves the Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: P&Z and Public Works Conditions 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 inMCC 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 may be 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, 9. All signage shall be in accordance with the standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. If no freestanding sign is used, 18% of the wall area, or 380 s.f., may be 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 11-13-4C. 11. All construction and site improvements shall conform to the requirements of the Americans 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. 14. The applicant shall provide an easement to the City for the public pathway prior to occupancy of the proposed structure, Fire Department Conditions I. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '/2' 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 International Fire Code to service the proposed project. Fire hydrants shall be placed an average 0000' apart. 5, Maintain a separation of5' from the building to the dumpster enclosure. 6. Provide a Knoxbox entry system for the complex. 7. All processes & storage practices shall be required to comply with the International Fire Code. 8. Provide exterior egress lighting as required by the International Building & Fire Codes. Sanitary Services Comment: I, 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. EXHŒIT E Rezone Findings Westside Body Works (File RZ-04-013) The City Council hereby approves the following analysis of required findings by staff: According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " The following is the list of standards found in 11-15-11 and analysis by staff: 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; Staff finds that the requested CoG 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 CoG 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 CoG zone. The proposed project meets the intent of the CoG zone, as defined in item A, above, G. H. 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 CoG 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 CoG 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, 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, 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, Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of L. 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 body work 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. J. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed CoG 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 Y> 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. 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. EXHmIT F Conditional Use Permit Findings Westside Body Works (File CUP-04-042) The City Council hereby approves the following analysis of required findings by staff: 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 enongh to accommodate the proposed use and all yards, open 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. B. 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. Stafffmds 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. c. 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. H. I. D. 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. E. 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. F. 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. G. 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. 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. 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.