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HomeMy WebLinkAboutMeridian Automotive CUP 02-004WHITE PETERSON WHrrg, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. To: Staff ~elicant cted Property Owner(s) 830 E. FII~/ST., SLri~ 200 POST OFFICE BOX1150 ~, IDAt93 83680-I 150 March 28, 2002 NAMPA OFFICE 5700 E. ~ ~r~., m~. 200 RECEIVED 2 9 2002 CITY OF MERIDIAN CITY CLERK OFFICE Re: Application Case No. CUP 02-004 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Fi,ri. dings and Recommendations .of the Planning and Zoning Commission shall be. presented to the City Council ~ the public h, eanngyn the above, r. efe. ren..c, ed matter bY the Plarmmg and Zoning Administrator. uue to me volume os .ma. tt.ers wmcn the ?ty Coundl must decide, and to insure your position is understood and dear, it.is important to n.a. ve a consistent format by which matters are presented at the public heanngs before the Cxty Coundl. The City Coundl strongly recommends: 1. That yqu take time to carefully review the Findings and Reco. rnmendations of the Planning and Zoning Commission, and be preparea to state your position on . this application by addressing the Findings and Recommendauons of th& Planning and Zoning Commission; and 2. That you carefully complete (be sure .it is legible) the P,osi.tion Statement if you disagree with the Findings and-Re.comm~enoations of the Planning a.nd Zoning Commission. The Pos?ion :statement form for this apphcation is available at the City Clerk s office. It is recommended that,you prepare a Position Statement and deliver it t? .the City Clerk prior to the hearing, if possible. 'If that is not possible,please present your Posit~on Statement to the City Council at the heating, along with eight (g) copies. The copies wili be presented to the Mayor, Council, Planning and Zoning Ad. rfiinistrator, .Pu. bh~c Wor'ks~an,d .the City Attorney. If you are a part of a ~roup, it is st, rongly_ recommenaeo mat one ros~tlon Statement be Filled out for the group, w~nich can be signe~t by the representative for the group. BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF TI~F~ ) REQUEST CONDITIONAL USE ) PERMIT FOR AN AUTOMOTIVE ) REPAIR BUSINESS AND VEHICLE ) STORAGE ) ) JOHN NESMITH, MERIDIAN AUTOMOTIVE & MACrllNE, Applicant Case No. CUP -02-004 RECOMMENDATION TO CITY COUNCIL The property is located on the west side of E. First Street (aka Main Street), just south of the raikoad tracks in Old Town, MeridiaxL The owner of record of the subject property is Union Pacific Raikaod Company of Omaha NE. Applicant is John Nesmith of Meridian Automotive & Machine. The subject property is currently zoned Old Town. The zoning district of Old Town is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. The applicant requests the conditional use permit modification. The original CLIP prohibited any use within the railroad right-of-way. The applicant proposes allowing vehicle storage along the railroad right-of-way. He also proposes a new fagade on the building, facing E. First (Main), and significant landscape improvements. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR MERIDIAN AUTOMOTIVE & MACHINE - JOHN NESMITH - Pnge 1 RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested conditional use permit as requested by the applicant for the property described in the application, subject to the following: Adopt the Recommendations of tho Planning and Zoning and Engineering staff as follows: The Schedule of Use Control states that 'Automobile wrecking yard and storage' uses are prohibited in Old Town. Automobile wrecking yard is defined as "Premises on which two (2) or more currently non-licensed motor vehicles or two (2) or more motor vehicles not in operating condition are standing more than thirty (30) days and are dismantled or stored." 'Automotive Repair Shop' and 'Motor Vehicle Repair' are also prohibited uses in Old Town. However, the existing use is considered to be eligible for the non- conforming use provisions of Ordinance 11-5. Ordinance 11-5-5.B states that a "nonconforming use shall be exlended to occupy any additional land only as an application shall be submitted to the Commission and in accordance with the conditional use procedures of Chapter 17." The same requirement for a conditional use application applies to faqade improvements of the structure per 11-5-5.A. Except as modified by this application, the conditions of approval for the original Conditional Use Permit shall apply. The existing sign was installed without a sign permit. Signage for the property should be evaluated as part of this application. The freestanding sign shall meet City ordinance. If the proposed improvements are not substantially complete within twelve (12) months of the date of approval of this CUP, Council should begin revocation proceedings. The landscape plan as submitted is approved, with the exception that there need not be any shrubbery within the railroad right-of-way that fails within the enclosed property. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR MERIDIAN AUTOMOTIVE & MACHINE - JOHN NESMIII-I - Page 2 The proposed trash enclosure size and location must be coordinated with the Sanitary Services Corp. (SSC) before the next public hearing. Provide an approval letter from SSC with the application for a Certificate of Zoning Compliance. Gating and fencing of the parking area within the railroad right-of-way is proposed. The applicant should address the need for the fence and gate, especially the internal gate located halfway through the parking area. Proposed parking includes 20 parking spaces on the Meridian Automotive property, and an additional 65 spaces on the railroad right-of-way. Parking shall be installed per the approved plan and meet all dimensional requirements of the city ordinances. All parking, including the right-of-way, shall be paved per City Ordinance. If the railroad does not allow the proposed paving and/or landscaping improvements, the proposed vehicle parking shall not be allowed. The Planning and Zoning Commission further recommend that: Reclaimed asphalt, robed and compacted would be acceptable within the area of property that falls within the railroad fight-of-way. If this is not approved by the UPRR, then the application will be required to come back before the Planning and Zoning Commission. The fencing around the parking area that falls within the railroad right-of-way must be screened. 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 a 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. 10. All improvements shall meet all federal requi~raents of the Americans with Disabilities Act. 11. All parking, landscaping, and fac, adc improvements shall be installed prior to the issuance of an occupancy permit. No occupancy permit has ever been issued for the newest (westernmost) building on the subject property. 12. The applicant shall provide surety for all required improvements, including paving, landscaping, irrigation, fagade improvements, sidewalks, fencing, etc., prior to formal approval of Findings of Fact/Conclusions of Law, or, at minimum, prior to obtaining building permits, in the amount of 120% for an insurance bond or 110% for a Letter of Credit or Cash bond. The Planning and Zoning RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR MERIDIAN AUTOMOTIVE & MACHINE - JOHN NESMITH - Page 3 Commission further recommend: If a Letter of Credit is obtained, it would have a term to run concurrent with the time it takes to complete construction. The Letter of Credit must also come from a notable bank. Adopt the ACHD Recommendations as follows: Site Specific Requirements: Prior to any site plan approval or impact fee certification, the applicant shall be required to apply for and receive a license agreement for the existing building to be located within the right-of-way. Any additions to the existing building shall be located outside of the public fight-of-way. Construct Bower Street abutting the entire site to one-half of a 36-foot street section with curb, gutter, 5-foot wide concrete sidewalk, and pavement widening within the existing fight-of-way. The 36-foot street section shall be built to the same standards as the 40-foot local/commercial section to accommodate truck and commercial Iraffic. Sign the street for "NO PARKING" adjacent to this site. The ey, isting driveway on Bower Street located 50-feet west ofE. 1st Street is approved with this apphcation. The existing driveway on Bower Street located approximately 34-feet east of the west property line is approved with this application. Pave the driveways on Bower Street their full width and at least 30-feet into the site beyond the edge of pavement of Bower Street. The existing driveway on E. 1st Street located 122-feet north of the Bower Street/E. 1st Street intersection is approved with this application as a right-in/right- out only driveway. Reconstruct the driveway as a 24 to 30-foot wide curb return with 15-foot curb radii. Sign the driveway for right-in/right-out only and coordinate the signage plan with District staff. Pave the driveway on E. 1~t Street its full width and at least 30-feet into the site beyond the edge ofpavament ofE. 1st Street with 15-foot curb radii. Replace any damaged curb, gutter and/or sidewalk on E. 1st Street/Bower Street with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR MERIDIAN AUTOMOTIVE & MACHINE - JOHN NESMITH - Page 4 10. ll. 12. Utility street cuts in pavemem less than five years old are not allowed unless approved in writing by the District. Any existing irrigation facilities shall be relocated outside of the right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Other than the a~cess point specifically approved with this application, direct lot or parcel access to E. 1~t Street is prohibited. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR MERIDIAN AUTOMOTIVE & MACHINE - JOHN NESMITH - Page 5