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HomeMy WebLinkAboutShaul, Rodney CUP-04-045 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request to Operate a Beauty Salon at 116 E. Pine Avenue, by Rodney Shaul Case No(s). CUP-04-045 For the City Council Hearing Date of: December 21, 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 matter was duly considered by the City Council at the December 21, 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). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. 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 ofMai1ing, and the Affidavit ofPub1ication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-045 - PAGE I 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 verified that the property owner(s) of record at the time of issuance of these findings are Rodneyl and Tamara Shaul. 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit D for the findings required for this application. B. Conclusions of Law 1. 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 (I.C. §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 ofthe 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 prepared by B & A Engineers, labeled C1.0, dated 12-10-04, as shown in Exhibit Band the Conditions of Approval in Exhibit C. 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 NO(S). CUP-O4-045 - PAGE 2 1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated 12-10- 04, is hereby conditionally approved; 2. The following modification to the site specific conditions for the Conditional Use Permit were made at the City Council hearing; a) Modify site specific condition #1 by: 1) requiring the angled parking to be extended one foot to the east, 2) extending the 90-degree parking one foot to the west, 3) maintaining a 25-foot drive aisle for backup, and 4) removing sub-item #4; and, 3. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. 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 11-17-4.B.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 final decision concenúng 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. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-04-045 - PAGE 3 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. Exhibits F. Exhibit A: Legal Description/Deed Exhibit B: Site Plan Exhibit C: Conditional Use Permit Conditions of Approval Exhibit D: Conditional Use Permit Findings By action of the City Council at its regular meeting held on the cf¿ín~~",,~ ,200( /fi' VOTED~ VOTED~ VOTED ~ 46 day of COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: ~o..~ Ð f¥"'\ City Clerk's Office Dated: \-IO-oS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-O45 - PAGE 5 EXHIBIT A Legal Description/Deed . ~-þ ."aa"STY DUD _T""'- .........---- ""'-----""-- """"""""""""""""'-""" ---.. 1M"- ................ "-"---"""--"'-' """......-..............- """""".."...... -..-.. ..--...........-.-...--.......... - ,c ~~w ...... --- -1- I-~ ~ EXHIBIT B Site Plan @....--.---.- 9=-- iiiïL - -... €iJ~-'-~ -- ~ @ ~--- - ~ ~- fí!i)~--- -.. a~~ .- :~ :~ ~ ~ ""I"=.- ã- m G -è1.O I EXHffiIT C Conditional Use Permit Conditions of Approval Rodney Shaul (File CUP-04-045) [City Council approved additions shown as underline, deletions shown as ~.} The City Council of the City of Meridian hereby approves the requested Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT) 1. Construct the parking and drive aisles as proposed on the revised site plan prepared by B & A Engineers, Inc., dated 12-10-04 with the following changes: 1) Stripe the 45-degree stalls to be 15-feet wide (measured perpendicular to the property line), 2) Maintain at least 12-feet of pavement width for the one-way drive aisle from Pine Avenue and ~ 25-feet of pavement width for the drive aisle adjacent to the parking stalls, 3) In addition to the signage proposed, install a "Do not enter" sign at the terminus of the drive aisle (near the northeast comer of the building) to discourage vehicles from existing onto Pine Avenue, 4) Reme'le tke wheel stefls fer !fie 15 degree flarking st¡¡.lb, and; 5) Install landscape material within the 3 feet ',yide buffer strips between the parking areas and property lines, 6) Extend the angled Darking I-foot to the east and. 7) Extend the 90-degree Darking I-foot to the west. All vehicular use areas shall be improved (paved and/or gravel paved) in accordance with Meridian City Code. 2. Maintain the existing landscaping adjacent to Pine Avenue in accordance with MCC 12- 13-10. The standard established in the City of Meridian Landscape Ordinance for mitigation of existing trees (if removed from the site) will be followed. 3. All signage for this site shall be restricted to the dimensional standards outlined in Table C, of MCC 11-14-10, with a further restriction that the maximum height for a free- standing sign be 6-feet. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 4. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). 5. All construction shall conform to the requirements of the Americans with Disabilities Act. 6. Sanitary sewer and water service shall be from the city of Meridian's existing systems adjacent to the site. The Public Works Department will evaluate the existing use against the proposed use to determine if additional assessment fees will need to be collected. Upgrading of existing service lines may be necessary to provide a level of service different from a residential use. 7. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 8. All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. 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. Any temporary occupancy will not exceed 60 days to complete the required improvements. 9. The applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. OTHER AGENCYIDEPARTMENT COMMENTS/CONDITIONS MERIDIAN FIRE DEPARTMENT 1. All processes & storage practices shall be required to comply with the Intemational Fire Code. SANITARY SERVICE COMPANY 1. SSC has no comments related to this application. MERIDIAN PARKS DEPARTMENT 1. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Approval (written in accordance with policy) 1. Reconstruct the driveway on Pine Street as a curb return with 15-foot curb radii (similar to City lot across the street). Sign the driveway as "ENTRANCE ONLY" on Pine Street, and install a "DO NOT ENTER" sign where the driveway intersects the proposed parking lot to deter vehicles trying to exit out to Pine Street. 2. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. 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. CENTRAL DISTRICT HEALTH DEPARTMENT 1. If 116 East Pine is not on City sewer CDHC recommends denial of this proposal. EXHffiIT D Conditional Use Permit Findings Rodney Shaul (CUP-04-045) The City Council hereby approves the following analysis of required findings by staff: 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 aU yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Parking: . MCC 11-13-5.B.2 requires retail uses to provide lon-site parking space for every 200 square feet of building (gross). Per this requirement, the applicant would be required to provide five (5) parking stalls (964 s.f building/200 = 4.82 stalls) on the property. The revised site plan depicts 7 on-site parking stalls. . MCC 11-13-3.A requires off-street parking facilities to be designed with appropriate means of vehicular access to a street or alley, in a manner which will least interfere with traffic movement. Goal IV, Objective D, Action 2, of the 2002 Meridian Comprehensive Plan states that access points and curb cuts on collectors and arterial streets should be restricted. The applicant may have a one-way driveway to Pine Avenue. . MCC 11-13-4,D requires all off-street parking areas to be paved in accordance with the standards established by the City. The applicant is proposing to pave a majority of the proposed parking area with asphaltic pavement. . MCC-13-11-2.B requires a five foot wide (minimum) perimeter landscape strip along all interior lot lines that are adjacent to parking, loading, or other paved vehicular use areas. Further, MCC 12-13-11-2.C requires the perimeter landscape strip to contain one tree per every 35 lineal feet, and also shrubs, lawn, or other vegetative groundcover. The applicant is only proposing a three-foot wide strip between the parking stalls and the property lines. Further, there is no organic landscaping proposed between the parking stalls and the property lines. The applicant should be required to provide a minimum of 2-feet of landscaping adjacent to each side (east and west) of the proposed parking area. . MCC 11-13-4,F requires 90-degree parking stalls to be 9-feet wide and 19-feet long adjacent to a 25-foot wide drive aisle. MCC 11-13-4-G does allow compact parking stalls at 7 Yo-feet wide by 15-feet long. The applicant is proposing 4 parking stalls along the west side of the parking area that are 17-feet long and 9-feet wide, with wheel stops. On the east side of the parking area, the applicant is proposing 3 angle stalls, with wheel stops. This lot is only 60-feet wide and it is impossible to construct double loaded, 90-degree parking stalls that would comply with Meridian City Code. The applicant should construct parking as outlined in Site Specific Condition #1. Staff recognizes that most parcels located in the O-T district were not originally platted anticipating retail uses. In fact, when the subject properties on this side of Pine Street were originally configured, in 1901 with FA. Nourse's First Addition to Meridian, the lots were 30-feet wide and 120-feet deep. These dimensions are not very conducive to providing off-street parking for non-residential uses. However, this site is 60-feet wide and the City has other options besides 90- degree stalls for meeting the required five on-site parking spaces (see MCC 11- 13-4.F). Landscaping: MCC 12-13-10-4 requires a 20-foot wide landscape buffer along Pine Avenue. Within this landscape buffer, MCC 12-13-10-6 requires one (1) tree to be planted for every 35-feet of street frontage. This site has 60-feet of frontage on Pine Avenue. The existing building is set back approximately 23-feet from Pine Avenue, allowing plenty of room to provide the required buffer width and materials (2 trees and vegetative groundcover). There are three (3) existing trees, located within the required street buffer (front yard) adjacent to Pine Avenue. These trees should be retained. See Site Specific Condition #2 below. Staff finds that the subject property is large enough to accommodate all required setbacks (yards), open spaces, parking, landscaping and other features 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 Comprehensive Plan Future Land Use Map designates the property as "Old Town" and the property is currently zoned O-T, Staff finds that the requested use is consistent with the Future Land Use Map and the goals, objectives, and action items of the Comprehensive Plan. If the site plan is modified to reflect established parking requirements and the conditions of approval are complied with, staff finds that the project will be in compliance with the requirements established by ordinance. 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 F. change the essential character of the same area; Staff finds that the proposed salon use will not change the existing or intended character ofthe general vicinity, and that the design, operation, and maintenance should be compatible with other uses in the Old Town neighborhood. Staff recommends that the Commission and Council reference any written or oral testimony provided at the public hearing, as well as staffs analysis, when determining if the proposed use will adversely change the character of the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; The conversion of a residence to a commercial use increases the need for parking. Parking demand has the potential to affect other property owners and businesses in the area. However, staff does not anticipate that this site will be a significant parking generator and adequate on-site parking can be provided. Therefore, staff does not anticipate that the proposed use will have any adverse effect on nearby properties. Staff recommends that the Commission and Council reference any written or oral testimony provided at the public hearing, as well as staffs analysis, when determining if the proposed use will adversely affect other property in the vicinity. 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; All essential public facilities and City services listed above currently serve this site. Upgrading of sewer/water service may be necessary to provide a level of service different from a residential use. On October 22, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property. All of the detailed conditions from the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end of this report. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, the Meridian Fire Department, the Meridian Parks Department, and any other agency providing service to this site, regarding their ability to adequately service this project. Staff finds that the subject property can be served adequately by all essential public facilities and City services. That the proposed use will not create excessive additional requirements at I. public cost for public facilities and services and will not be detrimental to the economic welfare of the community; As noted in the finding above, all public facilities and services are currently provided to this site. All required site improvements will be funded and constructed by the applicant/developer. Staff finds that the proposed use will not be detrimental to the economic welfare of the community, nor will the use create the need for any new facilities or services to be paid for by the public. 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; Staff finds that a salon use will create additional traffic on the adjacent roads. Further, the parking and maneuvering of cars and pedestrians may generate additional noise for surrounding properties. However, staff does not believe that the additional noise should be excessive. Staff finds 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, if all conditions are complied with. H. 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; Access to the site is currently provided from a gravel driveway on Pine Avenue, located on the east side of the property. Access to the alley is being proposed with this application. ACHD is supportive of access to the alley and a one-way entrance into the site from Pine A venue. If parking is designed in conformance with the City's requirements, and the applicant complies with all of the City's and ACHD's requirements, staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets or alleys. 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. Staff is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing the proposed use to operate on this site.