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HomeMy WebLinkAboutMeridian Automotive CUP 02-004BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04-16-02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE REPAIR BUSINESS AND VEHICLE STORAGE IN OLD TOWN ZONE FOR MERIDIAN AUTOMOTIVE & MACHINE, LOCATED ON THE WEST SIDE OF E. FIRST STREET (aka MAIN STREET), JUST SOUTH OF THE RAILROAD TRACKS IN OLD TOWN, MERIDIAN, IDAHO JOHN NESMITH, MERIDIAN AUTOMOTIVE & MACHINE, APPLICANT Case No. CUP-02-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on April 16, 2002, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and David McKinnon, Planner II for the Planning and Zoning Department, James Gibson, and John Nesmith, appeared and testified, and the City Council having duly considered the evidence and the record in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 1 this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and talcen oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 16, 2002, 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 hearing 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 April 16, 2002, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 2 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 report. 3. This proposed development request is in (O-T) Old Town zone and 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 on the west side of E. First Street (al~a Main Street), just south of the railroad tracks in Old Town, Meridian, Idaho. 5. The owner of record of the subject property is Union Pacific Railroad Company of Omaha, NE. 6. Applicant is John Nesmith of Meridian Automotive & Machine of Meridian, Idaho. 7. The subject property is currently zoned O-T Old Town. The zoning district of O-T Old Town is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for modification. The original CUP prohibited any use within the railroad right-of-way. The applicant proposes allowing vehicle storage along the railroad right-of-way. He FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 3 also proposes a new faqade on the building, facing E. First (Main), and significant landscape improvements. 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subiect application will in fact, constitute a conditional use as determined by City Ordinance. 11. 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 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 subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-O04) 4 Adopt the Recommendations of the 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 extended 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 facade 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. o The existing sign was installed without a sign permit. Signage for the property shall 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 shall 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 falls within the enclosed property. The proposed trash enclosure size and location shall 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 5 o Se 10. 11. 12. Gating and fencing of the parking area within the railroad right-of-way is proposed. The applicant shall address the need for the fence and gate, especially the internal gate located halfway through the parking area. Proposed parking inCludes 20 parldng 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. Asphalt, rolled and compacted shall be acceptable within the area of property that falls within the railroad right-of-way. If this is not approved by the UPRR, then the application shall 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 shall 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 shall 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 iurisdiction 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 Iniection Wells. All improvements shall meet all federal requirements of the Americans with Disabilities Act. All parking, landscaping, and faqade 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 subiect property. The applicant shall provide surety for all required improvements, including paving, landscaping, irrigation, faqade 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. If a Letter of Credit is obtained, it FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 6 would have a term to run concurrent with the time it takes to complete construction. The Letter of Credit shall 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 right-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 right-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 traffic. Sign the street for "NO PARIrdNG'' adiacent to this site. o The existing driveway on Bower Street located 50-feet west of E. 1st Street is approved with this application. The existing driveway on Bower Street located approximately 34-feet east of the west property line is approved with this application. o 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. o The existing driveway on E. 1st Street located 122-feet north of the Bower Street/E. 1 st 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. o Pave the driveway on E. 1 st Street its full width and at least 30-feet into the site beyond the edge of pavement of E. 1st Street with 15-foot curb radii. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 7 Replace any damaged curb, gutter and/or sidewalk on E. 1 st 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. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 10. Any existing irrigation facilities shall be relocated outside of the right-of-way. 11. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 12. Other than the access point specifically approved with this application, direct lot or parcel access to E. 1st Street is prohibited. 13. Applicant shall comply with all of ACHD's Standard Requirements listed in their report dated October 17, 2001, and in their February 18, 2002 letter. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: If all storm drainage is retained on site the Nampa & Meridian Irrigation District has no comment, however, if any drainage leaves the site a Land Use Change / Site application must be filed. Adopt the Recommendations of the Meridian Fire Department as follows: Provide a fire-flow as required by the 1997 UFC. Show all proximity hydrants within 500' of the proposed project. All internal roads shall have comers with a minimum of a 28' inside radius and 48' outside radius. 3. The building shall be required to conform to current building and fire codes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 8 Additionally, comply with the action of the City Council from their April 16, 2002 meeting as follows: That no work shall commence until a Letter of Credit or Bond is on file with the Meridian City Clerk's office. o That the word "reclaimed" in number 8 on pages 6 and 17 of the Planning and Zoning and Engineering staff Recommendations above has been deleted, and that said number 8 on pages 6 and 17 now reads as follows: "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. Asphalt, rolled and compacted shall be acceptable within the area of property that fails within the railroad right-of-way. If this is not approved by the UPRR, then the application shall 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 shall be screened." o For clarification, there shall be no welding allowed on the premises at any time. 4. The sidewalks, and all conditions for the conditional use permit are required and shall be applicable for the applicant to bring the property into compliance. 13. The proposed uses within the subiect 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 subiect property is designated on the "Generalized Land Use Map" as "Existing Urban". 14. That the site is large enough to accommodate the proposed use and all FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 9 yards, open spaces, parking landscaping and other features as may be required by this ordinance: it is found that the subiect property is large enough to accommodate the requested use and all other required features, except landscaping. However, the proposed alternative compliance for landscaping is acceptable. The existing structure was built in 1984 and encroaches into the right-of-way for Bower Street. The applicant shall be required, per ACHD's report, to obtain an encroachment agreement for the existing structure. The new faqade improvements do not extend into the right-of-way, but end at the property line. 15. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; it is found that the current Comprehensive Plan Land Use Map designates the property as "Existing Urban", which is not defined for specific uses. Old Town Policy 5.4, page 27, states the following: "Special analysis should be undertaken concerning existing uses within Old Town so that specific recommendations can be made for the development of transitional uses which will enhance the area and prevent future deterioration." The original CUP proposed no use of the railroad property. Use of this property has detracted from the area and caused further deterioration. It is found that the proposed improvements - paved parking, landscape buffers, planters, and faqade improvements - if completed, could enhance the area and help prevent future deterioration. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) l0 16. 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; it is found that the design concept is compatible with other uses in the general neighborhood and the existing/intended character of the area. It is also found t hat the proposed improvements would bring the property closer to the intended character of the area. It is also found that the storage of vehicles in the heart of Old Town should be considered, as "Automobile wrecking yard and storage" is a prohibited use in the Old Town zone per the Schedule of Use Control. 17. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; it is not anticipated that the proposed proiect will have an adverse impact on the surrounding property. 18. 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; it is found that the proposed development will be adequately served by the essential public facilities and services listed above, if improvements are made by the applicant in accordance with policies, ordinances and Uniform Codes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 11 19. 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; it is found that the proposed improvements would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 20. 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; it is found that that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. 21. 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; it is found that the proposed use will not create significant interference with any traffic on the surrounding public streets, if curb cuts are designed in conformance with ACHD requirements. 22. 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; it is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. CONCLUSIONS OF LAW FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 12 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 67-6504 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. That the site is large enough to accommodate the proposed use and all yards, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 13 open spaces, parldng, landscaping and other features as may be required by this Ordinance; Bo That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this 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 change the essential character of the same 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; E° That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; Fo That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; 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 the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; H. That the proposed use will have vehicular approaches to the property which shall be so designated as not to create interference with traffic on surrounding public streets; and I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of maior importance. 5. Prior to granting a conditional use permit in the Old Town District (O- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 14 T), 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 § 1 l- 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 conclusion 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 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 15 ho Be Co Do Eo Go o Minimize adverse impact on other development; Control the sequence and timing of development; Control the duration of development; Assure that the development is maintained properly; Designate the exact location and nature of the development; Require the provision for on-site public facilities or services; and Require more restrictive standards than those generally required, in this Ordinance. 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 GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for modification. The original CUP prohibited any use within the railroad right-of-way. The applicant proposes allowing vehicle storage along the railroad right-of-way. The applicant also proposes a new fagade on the building, facing E. First (Main), and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 16 significant landscape improvements in the Old Town (O-T) zone located on the west side of E. First Street (alta Main Street), just south of the railroad tracks in Old Town, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the 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 extended 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 shall 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 shall 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 falls within the enclosed property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-O04) 17 o o 10. The proposed trash enclOsure size and location shall 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 shall 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. Asphalt, rolled and compacted shall be acceptable within the area of property that falls within the railroad right-of-way. If this is not approved by the UPRR, then the application shall 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 shall 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 shall 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. Ail improvements shall meet all federal requirements of the Americans with Disabilities Act. 11. Ail parking, landscaping, and faqade 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 18 12. The applicant shall provide surety for all required improvements, including paving, landscaping, irrigation, faqade 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. If a Letter of Credit is obtained, it would have a term to mn concurrent with the time it takes to complete construction. The Letter of Credit shall 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 right-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 right-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 traffic. Sign the street for "NO PARKING" adjacent to this site. o The existing driveway on Bower Street located 50-feet west of E. lst Street is approved with this application. 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. o The existing driveway on E. 1st Street located 122-feet north of the Bower Street/E. 1 st 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 19 Pave the driveway on E. 1st Street its full width and at least 30-feet into the site beyond the edge of pavement of E. 1 st Street with 15-foot curb radii. Replace any damaged curb, gutter and/or sidewalk on E. 1 st 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. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 10. Any existing irrigation facilities shall be relocated outside of the right-of-way. 11. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 12. 13. Other than the access point specifically approved with this application, direct lot or parcel access to E. 1st Street is prohibited. Applicant shall comply with all of ACHD's Standard Requirements listed in their report dated October 17,2001, and in their February 18, 2002 letter. Adopt the Recommendations of the Nampa St Meridian Irrigation District as follows: If all storm drainage is retained on site the Nampa & Meridian Irrigation District has no comment, however, if any drainage leaves the site a Land Use Change / Site application must be filed. Adopt the Recommendations of the Meridian Fire Department as follows: Provide a fire-flow as required by the 1997 UFC. ShOw all proximity hydrants within 500' of the proposed project. All internal roads shall have corners with a minimum of a 28' inside radius and 48' outside radius. 3. The building shall be required to conform to current building and fire codes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 2O Additionally, comply with the action of the City Council from their April 16, 2002 meeting as follows: That no work shall commence until a Letter of Credit or Bond is on file with the Meridian City Clerk's office. That the word "reclaimed" in number 8 on pages 6 and 17 of the Planning and Zoning and Engineering staff Recommendations above has been deleted, and that said number 8 on pages 6 and 17 now reads as follows: "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. Asphalt, rolled and compacted shall be acceptable within the area of property that falls within the railroad right-of-way. If this is not approved by the UPRR, then the application shall 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 shall be screened." o For clarification, there shall be no welding allowed on the premises at any time. The sidewalks, and all conditions for the conditional use permit are required and shall be applicable for the applicant to bring the property into compliance. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 21 4. That the City Attorney draft an Order Granting Conditional Use Permit 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 22 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 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. By action of the City Council at its regular meeting held on the dayof ~~ ,2002. ROLL CALL: COUNCILMAN BIRD VOTED COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS COUNCILMAN NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~'--"- 7'-g) ~ MOTION: DISAPPROVED: VOTED ~ VOTED ~-~ VOTED ~ VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 23 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. \\,~.~111111111111. B ~ .~ d: /llllllllfl illll[[[[~ Z:SWork~eridian~eridian 15360~eridian Automotive Ma~ine C~02-004~fClsC~02-004.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-004) 24 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 04/16/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE REPAIR BUSINESS AND VEHICLE SOTAGE IN OLD TOWN ZONE FOR MERIDIAN AUTOMOTIVE & MACHINE, LOCATED ON THE WEST SIDE OF E. FIRST STREET (aka MAIN STREET), JUST SOUTH OF THE RAILROAD TRACKS IN OLD TOWN, MERIDIAN, IDAHO JOHN NESMITH, MERIDIAN AUTOMOTIVE & MACHINE, APPLICANT Case No. CUP-02-004 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the April 16, 2002, under the provisions of Meridian City Code § ! 1-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: ORDER CONDITIONAL USE PERMIT (CUP-02-004) -1 2. That the above named applicant is granted a conditional use permit for modification. The original CUP prohibited any use within the railroad right-of-way. The applicant proposes allowing vehicle storage along the railroad right-of-way. The applicant also proposes a new faqade on the building, facing £. First (Main), and significant landscape improvements in the Old Town (O-T) zone located on the west side of E. First Street (alta Main Street), iust south of the railroad tracks in Old Town, Meridian, Idaho, subiect to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. 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 extended 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. 2. Except as modified by this application, the conditions of approval for the original Conditional Use Permit shall apply. 3. The existing sign was installed without a sign permit. Signage for the property shall be evaluated as part of this application. The freestanding sign shall meet City ordinance. -2 ORDER CONDITIONAL USE PERMIT (CUP-02-004) o If the proposed improvements are not substantially complete within twelve (12) months of the date of approval of this CUP, Council shall 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 falls within the enclosed property. o The proposed trash enclosure size and location shall 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. o Gating and fencing of the parking area within the railroad right-of-way is proposed. The applicant shall address the need for the fence and gate, especially the internal gate located halfway through the parking area. Proposed parking includes 20 parldng 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. Asphalt, rolled and compacted shall be acceptable within the area of property that falls within the railroad right-of-way. If this is not approved by the UPRR, then the application shall 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 shall 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 shall 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 ORDER CONDITIONAL USE PERMIT (CUP-02-004) -3 10. Water Resources regarding Shallow Injection Wells. All improvements shall meet all federal requirements Disabilities Act. of the Americans with 11. All parking, landscaping, and faqade 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, faqade 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. 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 shall 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 right-of-way. o 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 right-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 traffic. Sign the street for "NO PARILING" adjacent to this site. o The existing driveway on Bower Street located 50-feet west of E. 1 s, Street is approved with this application. o The existing driveway on Bower Street located approximately 34-feet east of the west property line is approved with this application. ORDER CONDITIONAL USE PERMIT (CUP-02-O04) -4 o o 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. ist 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. 1st Street its full width and at least 30-feet into the site beyond the edge of pavement of E. 1 st Street with 15-foot curb radii. Replace any damaged curb, gutter and/or sidewalk on E. 1 st 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. 10. 11. 12. 13. Utility street cuts in pavement 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 access point specifically approved with this application, direct lot or parcel access to E. 1st Street is prohibited. Applicant shall comply with all of ACHD's Standard Requirements listed in their report dated October 17, 2001, and in their February 18, 2002 letter. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. If all storm drainage is retained on site the Nampa & Meridian Irrigation District has no comment, however, if any drainage leaves the site a Land Use Change / Site application must be filed. ORDER CONDITIONAL USE PERMIT (CUP-02-004) -5 Adopt the Recommendations of the Meridian Fire Department as follows: Provide a fire-flow as required by the 1997 UFC. Show all proximity hydrants within 500' of the proposed project. All internal roads shall have corners with a minimum of a 28' inside radius and 48' outside radius. 3. The building shall be required to conform to current building and fire codes. Additionally, comply with the action of the City Council from their April 16, 2002 meeting as follows: That no work shall commence until a Letter of Credit or Bond is on file with the Meridian City Clerk's office. That the word "reclaimed" in number 8 on pages 6 and 17 of the Planning and Zoning and Engineering staff Recommendations above has been deleted, and that said number 8 on pages 6 and 17 now reads as follows: "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. Asphalt, rolled and compacted shall be acceptable within the area of property that falls within the railroad right-of-way. If this is not approved by the UPRR, then the application shall be required to come back before the Planning and Zoning Commission. The fencing around the parldng area that falls within the railroad right-of-way shall be screened." ; For clarification, there shall be no welding allowed on the premises at any time. o The sidewallcs, and all conditions for the conditional use permit are required and shall be applicable for the applicant to bring the property into compliance. ORDER CONDITIONAL USE PERMIT (CUP-02-O04) -6 3. 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. 4. 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 permit. By action of the City Council at its regular meeting held on the day of ~P'~~ D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ~\~%1111111111 t/, B Dated: City Clerk ZAWork~eridian~eridian 15360~efidian Automotive Machine C~02-O04~OrderC~.doc ORDER CONDITIONAL USE PERMIT (CUP-02-004) -7