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CITY CLERK FILE CHECKLIST — Project Name: H & H Utility Contractors Contact Name: Patrick McKeegan Date Received from Planning and Zoning Department: Planning and Zoning Level: 0 Transmittals to agencies and others: 0 Notice to newspaper with publish dates: ❑ Certifieds to property owners: File No. CUP 06-019 Phone: 424-8608 June 9, 2006 Hearing Date: July 6, 2006 June 12, 2006 19-Jun-06 and 3-Jul-06 ❑ Planning and Zoning Commission Recommendation: ❑ Approve ❑ Deny Notes: City Council Level: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: ❑ Certifieds to property owners: ❑ City Council Action: ❑ Hearing Date: Approve ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: ❑ Approved by Council: ❑ Copies Disbursed: ❑ Findings Recorded Development Agreement: ❑ Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies Disbursed: Ordinance No. Resolution No. ❑ Approved by Council: ❑ Recorded: Deadline: 10 days ❑ Published in newspaper: ❑ Copies Disbursed: Notes: and ❑ Deny Rasolutlons: Onglnzl Res/ Cepy Celt Minutebook Copy Res/COPYCW Cary Clerk City Engmaer City Planner City Afton, y Sterling C.dfi— ProjectFile Deputy Clen Copy Res / onglnal Cerl. Atl County (CPAs) Applicant (no, CpA ) Rc dOrdnancx. CnJinal. Min -book Copies to Cary Clerk Slate Tax Comm. Slate Treawrer, Aualor. A- SlerNng COaileS City AtMmey City Engineer City Planner Project file Applicant (it appl.) Deputy Clerk FinAnps / Ortl ni: Crigmal. Mlnutebook Copies to- Applicant Project file any Engineer City Planner City Artorney Deputy clan •• Record Ve Utl Fi.d., •• Reco d Development Brea enh: Onainal Fireproof File m Cepies to pppbcanl Protect hie City Engmaer C+ry Renner Catty Anomey Deputy Clerk CITY OF 410 - _ "N w � IDAHO � ti e �aq Y TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN '',ZE,SUHEV-- SINCE To insure that your comments and recommendations will be considered by 1903 MAYOR the Meridian Planning and Zoning Commission please submit your Tammy de Weerd I comments and recommendations to Meridian City Hall CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 Attn: Will Berg, City Clerk, by: June 26, 2006 Transmittal Date: June 12, 2006 Hearing Date: July 6, 2006 File No.: CUP 06-019 Request: Public Hearing - Conditional Use Permit to construct 10,072.5 square foot addition for company offices, truck, equipment and material storage facilities on 3.68 acres in a C-G zone for H&H Utility Contractors, Inc. By: H&H Utility Contractors, Inc. Location of Property or Project: 225 W. Franklin Road David Zaremba (no FP) David Moe (no FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Keith Borup (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, C/C Shaun Wardle, C/C Water Department Sewer Department Sanitary Services(No VAR, VAC, FP) Building Department / Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Your Concise Remarks: Meridian School District (No FP) Meridian Post Office(FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP) Qwest (FP/PP only) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Meridian Development Corp. Historical Preservation Comm. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK- FAX 888-4218 FINANCE & UTILITY BILLING- FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper (:I'1'Y GP 6�ft11$ IIJAHO Planning Department COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment (Conditional Use Permit ❑ Conditional Use Permit Modification ❑ Final Plat ❑ Final Plat Modification ❑ Planned Unit Development ❑ Preliminary Plat ❑ Rezone ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment ❑ Vacation (Council) ❑ Variance ❑ Other STAFF USE ONLY: File number(s): (~_ U cl r Date filed: -1 f — Date complete: 4 11__ata Assigned Planner:lt_��01+C,., Related files: Hearing date 9 Commission ❑ Council Applicant Informa'ttion Applicant name: P! eff 071L11'y COVI-OczelS L/VC Phone: 88 g " 687% Applicant address: 20 5A&4,a W4y Zip: 63(� ¢ Z Applicant's interest in property: AOwn ❑ Rent ❑ Optioned ❑ Other Owner name:—fq^_,ct' .xchctrZCT �Cc4� ,odaris�, i ,-He4f-id rho173 Owner address: Zip: Agent name (e.g., architect, engineer, developer, representative): M 714C4 114 G�i9n/ Firm name: Ri4r/L/C,�c *W7 Phone: 42¢ �60g Address: 2(p DIC l�l .� /jI% Sl� Z% Zip: $ 3205 Primary contact is: ❑ Applicant ❑ Owner KAgent ❑ Other Contact name: E-mail: Subject Property Information Phone: Fax: Location/street address: Zt6 w - /1,&W Assessor's parcel number(s): 5 / Z1 3 // 0 3'j(p Township, range, section: 3A) (w 1.3 Total acreage: Current land use: e-- _(s/ Current zoning district: _1✓ (� 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancitv.org 1 Project Description Project/subdivision name: & -4 H Vr1_&M Ceyy MOW . General description of proposed project/request: CU 70 4g— TD AX/ S T ti¢ 9o&'V //Lr4 Proposed zoning district(s): e-6 Acres of each zone proposed: 3 - & p Type of use proposed (check all that apply): ❑ Residential IKommercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): AIZA Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: A)1A Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: N / Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: 2 or more Bedrooms: Proposed building height: _ Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: 1 Other lots: Gross floor area proposed: 10,0 7 Z ,') Existing (if applicable): ' 07 2 , /5 7'� 5 SW RA_ ,.9m, Hours of operation (days and hours): A4 Building height: 2Z Percentage of site/project devoted to the following: Landsca in o p g: t0 k Building: g Paving: Total number of employees: lo Maximum number of employees at any one time: Number and ages of students/children (if applicable): N. ' Seating capacity: Ali Total number of parking spaces provided: 0 Number of compact spaces provided: Authorization Print applicant name: Applicant signature: Date: 660 E atertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: ( 08) 884-5533 . Facsimile: (208) 888-6854 Website: www.meridiancity.org 2 Patrick cKeegan Architects PO Box 5845, Boise, ID 83705-0845 4696 Overland Rd. Ste. 274, Boise, ID 83705 208.424.8608 Fax 208.424.8609 www.mckeeganarch.com April 14, 2006 Conditional Use Narrative H & H Utility Contractors Inc. 225 W. Franklin Road Meridian, Idaho This application is to allow H & H Utility Construction Inc. to utilize the property as an outdoor storage facility. The property is currently used as a small used automobile sale lot. It was formerly Centennial Motors which use the property for automobile sales, servicing and storage or automobiles and other machinery and equipment. H & H are electrical utility contractor engaged in business with Idaho Power and other electrical utility companies. All of their work is contracted, generally only employees will be accessing the property. The property will be used for the company offices, storage of trucks and other equipment that is not being used off -site and for storage of materials used in the course of business including transformers and power poles. Because of the nature of the work, the trucks and equipment are usually left on the job sites during the construction and are not driven back to the property except for servicing and loading of supplies. The existing shop space will be used for maintenance of the trucks and equipment. The facility will not be used as service garage, any significant repairs will be done off site at the equipment dealers facilities. Changes to the site will include widening the existing entrance to the previously approved 30' width and reduction in the entrance grade to allow easier access for the trucks and trailers. Additional planters will be added to meet the minimum requirement for parking landscaping. Fencing will be changed to a solid wood or vinyl to meet the Ordinance. A steam cleaning area and associated oil/grease inceptor and under ground drainage facility will be installed behind the existing south shop. Neglected landscaping will be replaced and upgraded. The landscape sprinkler system will be repaired. The existing asphalt will be striped and handicapped parking spaces designated. Trash will be contained in a dumpster stored behind the buildings and fence. A 4,000 square foot office addition will be constructed in front (north side) of the existing metal building. The roof pitch will match the existing building. The structure will have integral colored masonry walls with stucco above. The wall colors will be tan to compliment the existing building colors. Windows will be aluminum or vinyl in bronze or almond depending on budgetary constraints. The roofing and associated trim and flashing will be concealed standing seam metal in a dark green color. A 1,200 square foot addition will be constructed next to the south side of the existing shop. It will be behind the fenced area and will utilize materials that compliment the existing building. A 2,400 storage building will building will be constructed on the west property line next to the shop to house small tools, equipment and supplies used in construction. Two three sided covered areas for protection of the trucks and equipment will also be constructed. These will be located in the south west corner of the site. They will be metal building construction with neutral colors (tan/ brown). Site lighting will be limited to minimal required to maintain security and will be place to not shine on and away from adjacent residential areas. �zd�� x x w§ M§ Xp X A y3nz c g gqg iR 1t �Eh� ¢ $ h Q3 9 & 9 � G ^ N 9 [ i. B a n S S � a o?�Exxn g�gs"" ..g�° $.. A Y � II� ti H CONSTRUCTION Franklin Road Meridian, Idaho Patrick Mg%eegan Architects 46% 0—h-i iad - S.H. 274 G B b., I7.i. &3715 - (xa) 42I-Ufl F. (241) 4U-KH I I I II I Ix I O I I � I FRANKLIN ROAD _ _ - -©�°- ««..�... m.r� �\� �:�.��<? .. . . .aa ��^\.�\��/\\���d����� %\�� \� � � \� � \. � � � � � � � - ° � - � -z�� ?�� - � �� � � � \» ..� . . . \ . � \� � \� \. � �� � « : � � � � \ \. . \` � � } � / �� .. & . �, « � >� ��:�,� �� �����/� y�� -�. \} .>j . . . w . .. . < . . � .. /� . ... ��\ƒ-«Qd°. � . �.� . ƒ^Q© � � �q � ���� � 2 . � . . . , � � `� \\��� < �� : � \ �'��33��� . � \� � � � � » �� � � \\� � � � \\\ /\ G� � « : ���»..&»< � %�.�� . . . . 4 } i y2xa � 0 w Y' U, Q J 1 �- la1r1 •:IyAwli • �: _z OVixO07 .coy lqzaohl PAlld, � / f Ii -_,gym -�tr>8 � ��rlsix� HEN . �- rs x" pie rio 3 y �N �5 T.i✓S qr to Z S #a i 5 Hearing Date: July(7, 2006 File No.: CUP-06-019 Project Name: H & H Utility Contractors Inc. Request: Conditional Use Permit to construct 10,072.5 square foot addition for company offices, and truck, equipment and material storage facilities on 3.68 acres, zoned C-G. Location: 225 W. Franklin Road; south side of W. Franklin Road, west of Meridian Road in Section 13, Township 3 North, Range 1 West. RECEIVED JUN L 0 2006 City Of Meridian City Clerk Office J c I d.-rl rIUNLLN, 1 i ids NO.699 P. hok Cp my REMER J. UMID WIIVAA>'l0 AMOWrT i.d 2 IOU NAND D1 W fUis PM ff ppii qq jj P in o n R EMM--RE IIEBT G O/ N G BE YON 0 5690 Fast Faaidsn Road, Suitt 150 / KamTa, id6o 836871(20S) 465-6655 WAr.RRAWY DEED For Value Received Laee Gtnette FisheL a sift& woadan, who acquired We as LU= G. Fisher !,` t b*T6 &ftr refined to as Crania, does hereby grant; bargain, sd L wuant and caavty undo W f� PIONEER ZXCHANG#E ACCOMODATION TiTiE HOT -DER #73. U C he'29 ina&es ref=d to as Gantt, wbose cduraat address is 703 Americana, Ste 120, Bdd9e, ID 93702 the follmdag deacnl*d premises, to -wit: SEE EXHMrr A ATTACHED HMTQ ANID MADE A PART RF.RWF SUBJECT TO that certain Deed of Trust dated December 1992 and recorded January 25, 1993, ae Instriwaatr No_ 9305977, near& of Ada CouM, Idaho, To HAVE AND TO HOLD tiu said pr=dVC 4 with their gVaWnwea unto the said GTImtae, his bein WA arst o forevef. And the said Orantor does hereby dcovgraaut to and with the said C= ter, tbet 13�=t tr is the owner in fee sinpla afuw preetaisag that said pttttdm c are &* !! nest all ew mthtaeces except arrisat years ftVA'*vies, sad aaaasadat ^ and except U.S, P"wt »eseava*ll% mtrk ims, esa=enta of reeved, otnd earn ue%w vtatbk upon the prem"e s, and that Grantor wi11 wam* and d cAnd the same fi oar ail ekirm wbatsaever, f Dama 3asusty is. 2006 Iatrae t#eaettd3 Fie 4 Stun of IDAHO as. CbandT of CANYON Ua dli§ 19th day of Jaauaty, W06, before sae, the oademigasd, ai Notary Public, in and for Said $too, peYtot Uy appeawd Laum G44efte pmb:l kwun to ms, dutdlar idead W to me on the hum of zxtcfietW evi ire, to be the Pc=2(4) wbdtse wM& Ware subKsrbed to the widda ivststasteat and oointaWledged to me that hal&Wthey moad tha same. WrNF.RR MV PAV n AT M OMMAT. SPA t. IMATA RPR,13.20W 3: 13pm Pl()NEER TITLE NO.09 P.4 _ 'Orderh{o.264751 _ HIT A . Y i Apart of the NW `4 NE % NE i4 of Sollion 13, Tcwrs ip 3 North, RmBe -1 West of ttsc Bole Meridian, County, Idaho. dcscrBcd as follows: i Regiming at the Nathcast eozacx of said Section 13, Township 3 North, ltan;c I West; Bono 2 er a.7; 1 Thc= Wcst along the North aide of said Section 13 a distance of 668,6 felt to a paint, the REAL P VT Cf 13EGPTiNINGT Theme West along the North side of said S=iion 13 a &stu= of 210.6 felt to r steel pin; i Thcuce Saatb 0°26' West 435.6 fact to A steel pia; Then;e Vest 100.00 feet to a siad pin; Thencosowh Ins, West 221.2 fmt to a atccl pin; Theme --East along the South side of ssidNW ii NE 9 NF 'A of said Section 13 a distance of 310.6 fact to a point; Thmoc North V29' FAot 656.9 feet to the REAL POINT OF AEGIZ, NING. EXCEPT that portion comtycd to A,ds County Highway District by dee4 recorded under Iasttummt Na 9800',L,59 which is a ro-recording of No. 97105125, i • i ' � 1 • i i i r ,i 251 FILED EFFECTIVE ARTICLES OF ORGANIZATION LIMITED LIABILITY COMPANY ` J- (Instructions on back of application) n 1. The name of the limited liability company Is: Pioneer Exchange Accommodation Titlehaider#73, LLd i 2. The street address of the initial registered office is: m 703 Americana Boulevard, Suite 120, Boise, tD 83702 and the name of the initial registered agent at the above address is: Jesse Hamilton 3. The mailing address for future correspondence Is: 703 Americana Boulevard, Suite 120, Boise, ID 83702 4. Management of the limited liability company will be vested in: Manager(s) [] orMember(s) [✓_] cPleaaechedcthet;oxj 5. if management is to be vested in one or more rnanager(s), list the name(s) and address(es) of at least one initial manager. If management is to be vested in the memier(s), list the name(s) and addressWes) of at least one Initial rnember. Name Address Pioneer 1031 Company 703 Americana Blvd.,Ste. 120, Boise, 10 83702 6. Signature o t ieastone p on responsible for forming the limited liability company. "` . —.—. — : K SeareLvy o' State use only Typed Name: Jesse Hamilton capacity: VP-Tioryeer 1031 Company Signature IDANU SEIXTARY OF STATE 06l2712085 05280 Typed Name: I g� CK: 7499 CT: 1W%5 ]IN: 618015 Capacity: ! i P 1@LW • 188.88 ORGAN LLC A 7 W 4406.1A AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) 0� io � ,�1.e.1�n�der �.73, L.I.C- .r — Fyn �t 7 03 awn er i 51yd 5 u i h ) m u name (address) (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: &y20C1%hAPA41�, , 200E broaIcunt'rf) 8NA2 (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this �day of 200(. Pvoatcr• Fxcilw.ge. C�lccow.�+�,oda�iah f �t�l.olo�er +f#7 j� �1,( REVIEWED & APPROVED ►3y:P'oneer 1031 CtoN,?I AYI IMonoqinj Vn&*%- ( ignature) SUBSCRIBED AND SWORN to before me the day and year first above written. ckkt REIN e's'er`r otary Public for Idaho) C e Residing at: O ��..-•�ss�`' , at My CommissionD Expires: / ' a9 O % �A�l.yypS iA[6Y'�;�Y 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 9 Facsimile: (208) 888-6678 9 Website: www.meridiancity.org APR-12-2006 11;18 AM "-.Keegan Architec-z 20842 AFFIDAVIT OF LEGAL INTEREST STATII:OF TTMAHO COUNTY OF ADA I,-ik-134.c.e Gy TPW Pe, k%alk (Aje P-9) _T name) (address) (city) (state) being first duly sworn upon, oath, depose and say: Thai I am the record owner of the property described on the attached, and 1 grant my permission to: l ekef�krt 62A-iec4s, 14no( tU s Jbvise .�r1.,Q37a5 '(name) (address) —i—, to submit the accompanying applications) pertaining to that property. 2, 1 agree to indemnify, defend and hold the City of Meridian and Its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3, I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspectltms related to processing said application(s), Dated this _ 1 AT111' day of,^ j?� 20 b Cry SUBSCRIBED AND SWORN to before me the day and year first above written. P_ 1 �`��'�•' 'afros oTAR J'44`G'""Jf0 F (Notary Public for Idaho) Residing at: My Cornmission Expires: 10 Patrick McKeegan Architects 4696 Overland Road, Ste 274 PO Box 5845, Boise, ID 83705-0845 208.424.8608 Fax 208.424.8609 www.mckeeganarch.com Legal Notice Sign Posting Affidavit 225 W. Franklin Road This certifies that on June 2, 2006 1 posted the attached sign in conformance with Meridian Zoning Ordinance Section 11-5A-5 on a post facing Franklin Road. Dated this 2nd day of June, 6 r 2 /"'W atrick Mc egan AIA Patrick McKeegan Architects Subscribed and sworn to before me the day and yfirst a Notary ublic for I Residing at: My Commission Expires: t B R0)k'1 0OTAVB APR-12-2806 1 1 :17 AM _ r'Kaasan Architect Za8424 —agg P. 94 COMMITMENT OF PROPERTY POSTING For Unified Development Code (UDC) 1I-M-5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the applicat oft(s) on the property under consideration. The applicant shall suhrndt proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted, Unless such Certificate is reeccivod by the required date, the hearing will be continued. The sign(s) shall be removed no later than throe (3) days afar the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC l I-SA-S. It _ f Applict/j4ent sign lure Date Attendance List H&H Utility Contractors, Inc. March 14, 2006 Name Address Phone (optional) 112 (Yf 2015 37/ `f PRE APPLICATION MEETING NOTES Applicant(s): Engineer/Archi Staff. Cam, l P in r, Proposed Development: c,.• wt vx-V d'e tnW� Location: _ _ 4 V!,V\ \Qoi& 2 Z Required Applications: L 0,P Existing Zoning: (• (n Proposed Zoning: Comprehensive Plan Designation: Co ✓A war c,-u l DATE:4-(0-o For Plats Property Size: 00 Number of Units: Dwelling Type: Sewer: Water: Pressurized Irrigation: Street Buffers: _2t; o,rt F7'av� (,1n Open Space & Micropaths: Landscape Plan: -red A Lk) Copq ,`cam �✓� �� , CaZ t INn &00, pje06. Lot Size & Frontage: 0 Topography: Hydrology: Street System: _i^ran kJ 4 ; S at v\. w4er i-, ( Pathway System: Other Applications ❑ Annexation ❑ Rezone ; 4 Conditional Use Permit ❑ Variance Lot Line Adjustment- ❑ Comprehensive Plan Amendment Application Checklist Review Other Agencies to Contact: Addi tonal Pre -application Conference: Not recommended Anticipated Submission Date: Anticipated Planning & Zoning Date: Notes: — Q�uIC, Recommended Required PMA INC�� 7663 dba PATRICK MCKEEGAN ARCHITECT Wn D. L. EVANS BANK 25 ¢ t r r BOISE, ID 83705 P.O. BOX 5845 .s �� {x 92-358/1241 BOISE, IDAHO83705-0845 'Y (208) 424-8608 FAX (208) 424-8609 t�zv'wv, z � � � ti r Tj Ic PAY TO THE / ` u ORDER OF W i t d *' , A A/J A/ DOLLARS z _a t II'007663u' 1:1 2410358 21:91 2 0035 PtFcElvED BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A REDUCTION IN FRONT LANDSCAPE SETBACK IN A C- G ZONE FOR A USED CAR DEALERSHIP, LOCATED WEST OF MERIDIAN ROAD ON FRANKLIN ROAD, MERIDIAN, IDAHO SAM FISHEL, APPLICANT. Case No. CUP-00-047 N 0 112 0 2000 CITY OF MERIDIAN ORDER GRANTING MODIFICATION OF A CONDITIONAL USE PERMIT This matter coming before the City Council on the 21 ST day of November, 2000, under the. provisions of Meridian City Code § 11-17-4 for final action on a request to modify a conditional use permit and the Council having received and approving .the Recommendation of the Planning and Zoning Commission the Council takes the following action: l . That the existing conditional use permit for the Applicant for a reduction in front landscape setback for a used car dealership in a C-G zone located west of Meridian Road on Franklin Road, Meridian, Idaho, is granted subject to the following conditions of use and development: ORDER GRANTING MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-00-047) Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 Applicant's modified conditional use shall be approved based upon the submitted application and proposed sitellandscape plan. 2. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 3. Notice to Permit Holder, this conditional use permit is not transferable without . complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the 2 2000. Copy served upon Applicant, Department and City Attorney. B City Clerk f obe D. Come, Mayor ity of Meridian day of the Planning and Zoning Department, Public Works Dated: ��'.�✓�'�� msa/Z:\Work\M\Meridian\Meridian I5360M\Centennial Motors VAR\CUP0rder047.wpd ORDER GRANTING MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-00-047) ,S�,i��a,etrFrrtrrrrrr �i colaq w LY -2 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT FOR A REDUCTION IN FRONT LANDSCAPE SETBACK IN A C-G ZONE FOR A USED CAR DEALERSHIP SAM FISHEL Applicant Case No. CUP-00-047 RECOMMENDATION TO CITY COUNCIL 1. The property is located west of Meridian Road on Franklin Road, Meridian, Idaho. 2. The owner of record of the subject property is George S. Fishel and Larree G. Fishel of Meridian. 3. Applicant is owner of record. 4. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. S. The proposed application requests modification of an existing - —con itiona� use perrnru far reduc ior� irc lands -case -s-etb-a-ck: The- C---G zoning - RECOMMENDATION TO CITY COUNCIL - 1 MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT FOR A REDUCTION IN THE FRONT LANDSCAPE SETBACK —SAM FISHEL designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, based on the submitted application and proposed site/landscape plan. ey/ZAWork\M\Meridian 15360M\Recommendations\CUP047MmBficFishel.wpd RECOMMENDATION TO CITY COUNCIL - 2 MODIFICATION OF AN EXISTING CONDITIONAL USE PERMIT FOR A REDUCTION IN THE FRONT LANDSCAPE SETBACK —SAM FISHEL BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR REDUCTION IN FRONT LANDSCAPE SETBACK IN A: C-G ZONE FOR A USED CAR DEALERSHIP, LOCATED WEST OF MERIDIAN ROAD ON FRANKLIN ROAD, MERIDIAN, IDAHO SAM. FISHEL, APPLICANT. C/C 11/08/00 Case No. CUP-00-047 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT The above entitled request to modify an existing conditional use permit having come before the City Council on November 8, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and the Applicant, Sam Fishel, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken 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 AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-00-047) _ I FINDINGS OF FACT 1. A notice of a public hearing on the request to modify an existing conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 8, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) _days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said 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 November 8, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-00-047) - 2 3. This proposed development request is in a C-G zone by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. Idaho. 4. The property is located west of Meridian Road on Franklin Road, Meridian, 5. The owner of record of the subject property is George S. Fishel and Larree G. Fishel of Meridian. 6. Applicant is owner of record. 7. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11 LL7-2. 8. The proposed application requests modification of an existing conditional use permit for reduction in landscape setback. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-00-047) - 3 Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 12.1 Applicant's conditional use shall be approved based upon the submitted application and proposed site/landscape plan, and the front landscape setback shall be reduced to 20 feet. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Existing Urban". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-00-047) - 4 harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, -materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use PlanningAct of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-00-047) - 5 . 6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3 ) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-00-047) - 6 f. 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; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in a General Retail and Service Commercial (C-G), a public hearing shall be conducted with notice to be published and . provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-00-047) - 7 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 pen -nit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on -site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER MODIFYING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-00-047) - 8 OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the existing conditional use permit for the above named applicant for a reduction in front landscape setback for a used car dealership in a C-G zone located west of Meridian Road on Franklin Road, Meridian, Idaho, is granted subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 Applicant's modified conditional use shall be approved based upon the submitted application and proposed site/landscape plan, and the front landscape setback shall be reduced to 20 feet. 2. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 3. That the City Attorney draft an Order Modifying Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Cleric and then a copy served by the 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 REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-00-047) - 9 Ir- 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 pen -nit 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 21 �P day of ; 2000. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILPERSON KEITH BIRD COUNCILMAN TAMMY deWEERD COUNCILMAN CHERIE McCANDLESS VOTED__'��(— VOTED—iw VOTED—�w VOTED_,� MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: — —a� FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-00-047) MCI MOTION: APPROVED:±P-9-n:: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. %J1nt1ntrI f fflt r?';A' v By- City Clerk Dated: msg/Z:\VVork\M\Meridian\Meridian 15360M\Centennial Motors VAR\CUPFindings047.wpd 4 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT BY SAM FISHEL / ZONED C-G / (CUP-00-047) - II BEFORE THE MERIDIAN CITY COUNCIL 07-06-00 IN THE MATTER OF THE ) VAR-00-010 APPLICATION OF GEORGE S. } FISHEL, FOR A VARIANCE IN ) THE PLANTING STRIP FINDINGS OF FACT AND ) REQUIREMENTS FOR THE ) CONCLUSIONS OF LAW AND ORDER OF DECISION REDUCTION OF LANDSCAPING ) GRANTING A VARIANCE BUFFERS TO 20 FEET ON ) FRANKLIN ROAD AND 10 FEET ) ADJACENT TO THE ) RESIDENTIAL MOBILE HOME ) PARK LOCATED AT 225 WEST ) FRANKLIN ROAD, MERIDIAN, ) IDA.HO ) The above entitled matter coming on regularly for public hearing before the City Council on July 5, 2000, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying was the Applicant , George S. Fishel, and no one appeared in opposition, and the City Council having received the transmittal to agencies and having received the variance application, having heard the testimony presented, being fully advised in the premises does hereby make the following Findings of Fact and Conclusions of Law and Order of Decision, as follows to -wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / GEORGE S. FISHEL / CENTENNIAL MOTORS / VAR-00-010 Page I of 9 FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 1 I Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 — January41994 , and Maps. 2. The requirements of Idaho Code H 67-6509, 6516 and Meridian City Code § § 11-15-5 and 12-11-3 as evidenced in the record of this matter. 3. The Applicant is George S. Fishel and Larree G. Fishel, whose address is PO Box 673, Meridian, Idaho 83680-0673. 4• The owner of the property is George S. Fishel and Larree G. Fishel, whose address is 16837 Rose Briar Ln., Nampa, Idaho 83687. 5. The location of the subject property is located in a General Retail and Service Commercial (C-(;) District at 225 West Franklin Road, Meridian Idaho . 6. The legal description of the property appertains to the real property that is included within the Vicinity Map asappears in the record of proceeds of this matter, and is described as follows: NE comer Section 13 T3NR1 W; West 668.6 feet to Real Point of Beginning, West 210.6 feet thence South 00 28 00 West 435.6 feet thence West 100 feet thence South 00 28 00 West 221.2 feet thence East 310.6 feet thence North 00 28 00 East 656.8 feet to Real Point of Beginning; and located at 225 West Franklin Road, Meridian, Idaho. Total land area being approximately 3.684 acres more or Iess. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VANCE / Page 2 of 9 .R� GEORGE S. FISBEL / CENTENNIAL, MOTORS / VAR-00-010 PAR #'0356 of NE4NE4 SEC 13 3N 1 W m0355-B 7. The present land use of subject property is presently zoned as (C-G) General Retail and Service Commercial District which is being used as a used car dealership. 8. The proposed land use of subject property is to remain the same as a used car dealership. 9. That a vicinity map, attached hereto as E.yd-dbit "A", consisting of one page, of the proposed scale approved by the City Council showing property lines, existing streets, proposed district and such other items as required have been furnished. 10. The Applicant seeks a variance of the following provision of the Meridian City Code, § 12-4-7 A., PLANTING STRIPS, and in the C-G zone, which provides as follows: 12-4-7 A. PLANTING STRIPS: Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement. 11. All property owners within three hundred feet (3001) of the external boundaries have been notified by mail, and their mailing addresses may be obtained FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / Page 3 of 9 GEORGE S. FISHEL / CENTENNIAL MOTORS / VAR-00-010 from the list on file with the Planning and Zoning Department. 12. There are no characteristics of the subject property which prevent compliance with the requirements of the ordinance. 13. The minimum requirements of the ordinance that need to be reduced to permit the proposed use would be that the detailed landscaping would need to be 10- feet to be landscaped along the fence on the east side next to the Mobile Home Park. 14. The unusual or peculiar circumstances which indicate that regulations of the ordinance should not be strictly complied with, Staff comments are that the site contains no unusual topography or natural features prohibiting compliance. 15. The existence of special circumstances or conditions affecting the property, is that, the Applicant notes the cars would be displayed along the fence on the east side adjoining the trailer park and will not be running any length of time. No smokers or cars with harmful emissions will ever be parked along the wall. All cars are pulled to the front of the building before a demo ride. The proposed landscaping plan includes the same amount of trees required by the City along with grass, sprinkler systems, and concrete curbing assuring the set back. Staff comments are that there does not appear to be any special circumstances on the parcel that would make landscape buffers impracticable or.unreasonable (i.e. there are no utility or irrigation easements that must be kept open or excessive slopes FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / Page 4 of 9 GEORGE S. FISHEL / CENTENNIAL, MOTORS / VAR-00-010 that would prohibit plantings). 16. Granting the variance from the planting strip requirements along the eastern boundary to 10-feet from the 20-foot requirement would maintain rights which would be afforded to others in the same situation. 17. The variance from the planting strip requirements along the eastern boundary to 10-feet from the 20-foot requirement would allow the owner to ma;dmize the potential site in order to generate a fair return on investment. 18• The granting of the requested variance from the planting strip requirements along the eastern boundary to 10-feet from the 20-foot requirement will not be detrimental to the public's welfare or injurious to other property in the area of the proposed plat. 23• The granting of this variance rom the planting strip requirements along the eastern boundary to 10-feet from the 20-foot requirement will not have an effect of altering the interest and purpose of the Subdivision or Development Ordinance and/or the City's Comprehensive Plan for the reasons stated above. 24• The applicant paid the fee established by the City Council fora applic ation on variance. CONCLUSIONS OF LAW I The City of Meridian has authority pursuant to the enactment of the Local FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A V Page 5 of 9 GEORGE S. FISHEL / CENTENNIALDANCE / MOTORS / VAR-00-010 Land Use Planning Act of 1975 codified at Chapter 65, Title 67, and in particular, by -the provisions of Idaho Code § 67-6516 to provide as part of its zoning ordinance for the process of applications for variance permits. 2. The City of Meridian has exercised its authority of Idaho Code § 67-6516 by the enactment as a part of its Zoning and Development Ordinance variances, as set forth in Meridian City Code § 1 I -18. 3. That the requirements for the processing of a variance request are set forth in Idaho Code §§ 67-6509, 6516 and Meridian City Code §§ 11-15-5 and 11-17-5. 4. Application and standards for variances are set forth in Meridian City Code § I 1-18-2, and the findings which are required are set forth in Meridian City Code § 1I- 18-3, include required findings that there are special circumstances or conditions affecting the property that strict application of the provisions of Zoning and Development Ordinance would clearly be impracticable and unreasonable, and a finding that strict compliance with the requirements of the Zoning and Development Ordinance would result in extraordinary hardship to the owner, subdivider or developer because unusual topography, the nature or condition of adjacent development, or other physical conditions or other conditions that make strict compliance with the ordinance unreasonable under the circumstances, or that the conditions and requirements of said ordinance will result in inhibiting the achievements or the objectives ofthi ordinance; and (haft ie granting of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / Page 6 of 9 GEORGE S. FISHEL / CENTENNIAL, MOTORS / VAR-00-010 a specified variance will not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated, and that such variance will not have the effect of altering the interest and purposes of the Zoning and Development Ordinance and the Meridian Comprehensive Plan. 5. Meridian City Code, § 12-4-7 A., PLANTING STRIPS, and in the C-G zone, which provides as follows: 12-4-7 A. PLANTING STRIPS: Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (201) wide, and shall not be a part of the normal street right of way or utility easement. DECISION AND ORDER 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: 1. That the Applicant is hereby granted a variance from the planting strip requirements along the eastern boundary to 10-feet from the 20-foot requirement for Centennial Motors in the General Retail and Service Commercial District. Additionally, the Franklin Road planting strip request of 20-feet from the 35-foot requirement is hereby denied, as the front setback landscaping is a condition of an existing conditional use permit, and therefore this matter cannot be addressed by a variance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / Page 7 of 9 GEORGE S. FISHEL / CENTENNIAL, MOTORS / VAR-00-010 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 a variance authorizing a variance of the Planting Strips in the C-G Zone as provided in the Section 12-4-7 A. and 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 37 day of d �� , 2000. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILPERSON TAMMY deWEERD COUNCILPERSON CHERIE McCANDLESS VOTED_A— VOTED_ VOTED _/� VOTED 46A-.,, - MAYOR ROBERTD. CORRIE (TIE BREAKER) VOTED DATED:_ /6 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / GEORGE S. FISHEL / CENTENNIAL, MOTORS / VAR-00-010 Page 8 of 9 MOTION: . APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. of ImEr-'r- Dated: City Clerlc _ SEA, •'� �•�Q9 ST 1SI —9/ZAWorkV&Mecidian 15360KCentennial Motors VAR\'fClsrranty lance It it 14 0 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION GRANTING A VARIANCE / Page 9 of 9 GEORGE.S. FISHEL / CENTENNIAL MOTORS / VAR-00-010 �x1,6, � .� ,, BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CENTENNIAL MOTORS/SAM FISHEL, OWNER CONDITIONAL USE PERMIT FOR USED AUTOMOBILE SALES LOT 225 WEST FRANKLIN ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearin August 12, 1997, at the hour of 7:00 o'clock g on City Hall, 33 East Idaho Street, Meridian p.m., at the Meridian Idaho, Sam Fishel, owner Of Centennial Motors, hereinafter referred to as the "Applicant,,, appearing in person, the Planningand Zoning Commission ssion of the City of Meridian having duly considered the evidence and the matt makes the following Findings er q of Fact and Conclusions of Law. FINDINGS OF FACT I� A notice of a public hearing on the application for the conditional use permit was Published for two (2) consecutive weeks Prior to the said public heari first publication ng scheduled for August 12, 1997► the of which was fifteen lg hearing; that the matter was duly considered at the August I2, 1997 hearing; that the public was given full, opportunity to express comments and submit evidence; and that copies of all notices available to newspaper, were radio and television stations. 2• The propert y is ,located within the City of Meridian at 225 W. Franklin Road. The property is described in the application FINDINGS OF FACT AND CONCLUSIONS OF CENTENNIAL MOTORS - CONDITIONAL USE ERMITPage I- which description is incorporated herein. The A owner of record of the Applicant is the Property. 3• Pursuant to the application, the property is presently used and the Applicant proposes to continue the use, of the as a sales lot for used automobiles. property Accordingly, the proposed conditional use of the property is for a sales automobiles. lot for used The. Applicant agrees to water or trash fees or charges y if an pay any additional sewer, , associated with the use of the property, whether that use be residential, commercial or industrial. 4. The property is currently zoned (C-G) General Retail. and Service Commercial. In the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Commercial, "Sales Lots (Auto Rec, & Agric., Etc.)" are listed as conditional uses on property in the C-G district. Therefore, in the C-G district a conditional use permit for the operation of an automobile sales lot is required. 5. The (C-G) General Retail and Service Commercial district is described in the Zoning Ordinance, 11 -2 -408 B. 11 as follows: C-G General Retail and Service Commercial: whichich are custom the (C-G) District is to provide for comme cialThe ruses arily operated entirely entirely within a building; to °r almost the ,impact of proposed commercial.Provide for a review of service oriented and arocated in close proximity are auto and major highways or arterial streets; to fulfill the need Of travel -related services as well as retail l the need the transient and permanent motoringSales for districts shall be connected to the n Municipal Waterc. All and Sewer systems of the City of Meridian I, and shaJ I not constitute strip commercial development and encourage clustering of commercial development. FINDINGS OF FACT AND CONCLUSIONS OF CENTENNIAL MOTORS - CONDITIONAL USE ERMITPage 2' 6• Conditional Use Permit is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits aexception exce tion to the uy this ses authorized ballowing Ordinance in a zoning district.,, 7• The Applicant testified substantially y as follows. He y rented the corner of the a property and secured permit approximately conditional use pproximately seven to eight years ago for his automobile sales business. He purchased the entire 3. 6 acres of property approximately five years ago. . q Since purchasing the property, he leased the property to establish a sound financial base to expand his automobile sales business and use the en Property for said business. tare He did not know a conditional use permit was required until he was advised by the City of Meridian. As a result of the need for the conditional use Of the Permit for his use property, he has pursued securingsuch with Ada County permit. He has met y Highway District on two different occasions. desires the conditional use Permit He so he may o legally and developoperate his business it into an aesthetically pleasing piece of property. He has read is familiar with and agrees to all the conditions of the City of Meridian and Ada County HighwayD' $ In response to District. questions of Commissioner Applicant testified substantially as followsMacCoy, the . The propert capacity for 200 automobiles. He Y has the presently has 161 automobiles in inventory on the Property. There remains Plenty y of space available for parking and presentation of the vehicles for sale. to reduce the invento He intends ry when improvements are made to Franklin FINDINGS OF FACT AND CONCLUSIONS OF LAW - CENTENNIAL MOTORS - CONDITIONAL USE PERMITPage 3. Road. He is prepared to pave the entire section of the property in front Of the existing building on the Property. With regard to the improvements to Franklin Road, these matters with Ada County Highway District. are somewhat uncertain whatever is However, he is ready to do Ada Count necessary. With regard to the Paving requirements of Y Highway District and his Plans to Of the Property, he Pave the front section installing Proposes to pave the entire front area curbs. and sidewalks. He is uncertain accomplish such improvements, given the cost do whatever to . but he is willing to beautiful faci.lit requirements. He desires a repairs for the Y• He does not with the intend to perform any vehicle ,public, but does intend to repairs on the vehicles Perform minor vehicle in his inventor Property has a Y• The building on the shop within it for such repairs will be repairs. None of the done outside of the building. In the future may hire a mechanic to erfo he P rm such vehicle repairs repairs will not consist of vehicle body work . The vehicle similar acts. He will perform detailing' no painting or washing of his invento and cleaning of the vehicles. ry such as to construct this fall In this regard, he intends a four bay garage at the rear of property for detailing and minor mechanical the vehicles; however repairs 'of the � his construction Plans depend upon the improvements and expenses incurred He for the front of the property. has already expended a substantial amount of money on improvements and maintenance to the Property. he cannot erect a signHe understands that without the review and a FINDINGS OF FACT AND CONCLUSIO pProval of the City CENTENNIAL MOTORS - CONDITION IONS OF LAW - page q• AL USE PERMIT of Meridian. However, the sign which he plans to erect will exceed the requirements of the City of Meridian. With regard to e on the storage property, g P P y, it will not be a junk yard. The storage will be for vehicles to be in inventory and repossessed vehicles. There exists and will continue to exist a fence around the area. I He has spent a considerable amount of money just cleaning up the property so it is not an eye sore. The sales building is all showroom for four vehicles. The building is of steel construction. He intends to improve the appearance of the showroom building in the future. With regard to lighting of the property, he will comply with the established requirements so as not to cause glare. 9. In response to questions of Commissioner Borup, the Applicant testified substantially as follows. With regard to the site plan presented, the requirements of Ada County Highway District are controlling such improvements and development of the property. The extension and construction of 3rd Street will effect the improvement and development of the property. His plan is to locate the entrance to the property at the future stop light at the intersection of the extension of 3rd Street and Franklin Road; however, the Ada County Highway District desires his entrance be aligned with the Bob Giesler property. With regard 'to the landscaping of the property, he does not want to proceed with landscaping and have Ada County Highway District remove such landscaping when it improves Franklin Road. With regard to landscaping the east side of the property, he will probably apply for a variance on the set back and erecting a fence along the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT adjacent trailer park property. There needs to be some discussions with regard to the landscaping of the east side of the property so he does not lose the use of a large portion of the property. He desires to secure the conditional use permit, and then plan for the improvement and development of the property. He desires to comply with the established requirements as his. business expands, grows and creates the financial resources for the improvements of the property. He is in the beginning stages of improving and developing the property. 9. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and. Zoning Administrator, submitted comments, which -comments are incorporated herein as if set forth in full. Their comments included the following: a. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking .and access are unacceptable. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off- street parking areas. . All cite drainage shall be contained and disposed of on -site; b. Dedication by property owner of required right-of- way on Franklin Road shall take place prior to obtaining a Certificate of Zoning Compliance/Certificate of Occupancy. The Applicant is to submit a copy of the recorded warranty. deed as evidence this has been accomplished; C. Underground sprinkling and a minimum of one three-inch (311) caliper tree per 1,500 square feet (of asphalt is required by City Ordinance. Curbing should be provided around all landscaped areas; d. No equipment/parts/disabled vehicles are to be stored in public view; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT e. One-third of the sales lot customer parking per City is to be designated for 414.E 5 y Ordinance Section I1-2- of } . Off-street parking shall meet the 1I-2-414.D, including appropriate requirements designation of ADA [Americans itDsabil Disabilities accessible s striping and Paces and signage; ) f . All si.gna e The Applicant is to g is subject to design review a Prior to construction. sign permits for all Psignage temporary sign and other signs of a nature will by the not be permitted and may City upon three days notice to the A y be removed g• The A Applicant; Applicant is to provide evidence of Road Trust/ Letter of Credit to the Ada county -Highway District for sidewalk construction on Franklin Road; h• The Ada Count Property one access to Franklin Road. The dry Highway District is restricting meet their e ay apperoach needs to be designed to I5-foot radii pavement tapers and -location)standards Will be accomplished in 1998. when Franklin Road programmed for . This rebuild; is i. Lighting shall not impact residential cause glare, as determined by the City; Properties or j• A screened trash enclosure is to be provided City Ordinance; per k• Sanitary sewer site; however is not Presently available to this . plans are being drafted for the extension Of sewer in Franklin Road adjacent to this site. sewer and will be responsible for connection to The sewer and payment of appropriate the installation of pPro riate fees Upon City served b the main. The site completion of for City water' The building owner shall be responsible Y billings and will be required to e ' rater into an Assessment Agreement with the C obtaining a Certificate of Zoning of Meridian g Compliance prior to /Certificate Of Occupancy; 1• The 20-foot- the mobile Wide planting strip sho Section home park is required per a adjacent to slatted to -g '605.G. The chain link fencCite Ordinance obscure the view from ad• should be Properties; �acent residential M. Retention ponds/seepdrainage pits shall to cause a nuisance. Thesebe designed not areas must be CENTENNIA FINDINGS OF. FACT AND CONCLUSIONS OF LAW - L MOTORS - CONDITIONAL USE PERMITPage 7• approved by the public Works Department per City Ordinance; n. Signage for handicap parking is to be provided; O. As Franklin Road is an entrance corridor to the City, a minimum 35, landscape setback is encouraged. The landscape setback shall be beyond the required right-of- way on Franklin Road; p. Sight triangles are not to be obscured; q. A great deal of the site is shown as storage area. What will be stored here? There should be some clarification of what will be allowed in this back area, with proper screening of the perimeter addressed. No junk or inoperable vehicles are to be stored on the site; and r. The conditional use permit shall be subject to review on an annual basis, or more often if compliance problems occur, after notice to the Applicant. 10. The Meridian Police Department and the Meridian Fire Department submitted comments on the subject application, which respective comments are hereby incorporated herein as if set forth in full. 11. The Meridian Sewer Department submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full; wash stands will require covering if the drain is to go to the sanitary sewer system, and if a new service area is to be established, it must conform to the current pretreatment requirements. 12. The Nampa & Meridian Irrigation District submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments .included the following; FINDINGS OF FACT AND CONCLUSIONS OF LAW - page 8. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT a. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting; b• All laterals and waste ways must be protected; C. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must plans; review drainage d. The developer must 31-3805; and comply with Idaho Code Section 31 e. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 13. The Central District Health Department submitted comments on the subject application., which comments.are hereby incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve the proposal for central sewage and central water; that runoff is not to create a mosquito breeding problem; and that run- off should discharge to a water quality sensitive BMP for stormwater management. 14. The Ada County Highway District submitted comments, and such comments are hereby incorporated herein as if set forth in full. Its comments included, but are not limited to, the following: a. The Applicant is to provide a $1,785.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel (approx.imately 210 feet to the issuance of any required e ) Prior p approval of a final plat, whichever occurs or b. The Applicant is to construct a 24 to 30 foot wide driveway with 15 foot radii pavement tapers on Franklin FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT Road, located as proposed 150 feet east of the west property line; c. The Applicant is to close the western driveway, located 64' feet east of the west property line, using landscaping berms or other methods approved by District. The Applicant is to coordinate the method used to close the driveway with District staff; d. As required by District policy, restrictions on the width, number and locations of driveways shall be placed on future development of this parcel; and e. Other than the access point 'specificallya with this application, direct lot' or pproved Franklin Road is prohibited. parcel access to 15. There were no other comments by the public regardingt ' application. his CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of Property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority o grant conditional uses pursuant to Idaho Code Section 67-6512 an Pursuant to 11-2- 418 of the Zoning AndDevelopment Ordinance of the City of Meridian. 3. The City of Meridian has the authority to take judicial notice of its own ordinances, other governmental statute ordinances, and of actual conditions existing within the Cityand the Mate, d 4• The City of Meridian has authorityto place conditions on a conditional use permit and the use of the property pursuant to FINDINGS OF FACT AND CONCLUSIONS OF CENTENNIAL MOTORS -- CONDITIONAL USE PERMIT 10. Idaho Code Section 67-65I2 and pursuant to that section conditions minimizing the adverse impact on other development, controllin the ment duration of develo g p , assuring the development is maintained properly, and on -site or off -site facilities may be attached to the permit; that 11-2 -418 D authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5- Section.11-2-418 D states as follows: In approving any Conditional Use, Council may prescribe a the Commission and safeguards in conformitppropr'iate conditions, bonds, and Of such conditions y with this Ordinance. Violations of the terms under hi.chsor the Conditional Use ie dra shall be deemed a violation of the Ordinance and part to revoke the Conditional Use- granted, Council may The Commissiongrounds y prescribe a set time whi and Conditional Use may be in existence•Period for which a 6- The Planning and Zoning Commissioh judges this application11-2-418 for a conditional use upon the basis of contained in Section guidelines of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Loca Planning Act of 1975 1 Title 67 Chapter 65, Idaho Code Comprehensive Plan of the the City of Meridian . and the record submitted to it and the things of which it may take judicial notice. 7• Section 11-2-418 C of the Zoning And Development Ordinance of the City of Meridian sets forth the standards under Which the Planning and Zoning Commission and the City Council s review applications for Conditional Use Pe hall those requirements and a review of the facts Upon a review of conditions of the area is presented and the assuming that the above conditions or FINDINGS OF FACT AND CONCLUSIONS OF CENTENNIAL MOTORS - CONDITIONAL USE PERMITPage II, similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The proposed use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The proposed use would be harmonious with and .in accordance with the Comprehensive Plan, but the Zoning Ordinance requires a conditional use.permit to allow the use; c. The proposed use is designed and the development of the property is, apparently, to be constructed so as to be harmonious in appearance with the character of the general vicinity. If the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing• to existing or future neighboring uses if the conditions are met; however, traffic may increase, but the development. will have a vehicular approach to the property which shall be designed to decrease interference with traffic on surrounding public streets and off-street parking; e. The Applicant shall be able to provide adequately for the essential public facilities and services such as streets, police and fire protection, drainage structures, refuse disposal, water and sewer, but Applicant may have to pay additional fees for the use; . f. The use "would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The Applicant will cause the property to have a vehicular approach which shall be designed as not to create an interference with traffic on surrounding public streets, and sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and FINDINGS OF. FACT AND CONCLUSIONS OF LAW - Page 12. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and. Zoning Commission that the following conditions of granting the conditional use be required, to -wit: a. The conditional use, pursuant 'to the Zoning and Development Ordinance,. shall not be transferable to another owner of the subject property or to another property; b. The conditional use shall not be -restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; C. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Police Department, Meridian Fire Department, Meridian Sewer Department, Central District Health Department, the Nampa & Meridian Irrigation District, and the Ada County.Highway District which include, but are not limited to the following: 1. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access shall be unacceptable; 2. A drainage plan, designed by a state of Idaho licensed architect or engineer, shall be required and shall be submitted to the City Engineer for all off-street parking areas; 3. The Applicant's dedication of the required ,right-of-way on Franklin Road shall occur prior to obtaining a Certificate of Zoning Compliance and/or Certificate of Occupancy. The Applicant shall submit a copy of the recorded warranty deed to the City of Meridian to evidence the accomplishment of this dedication; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT 4. Underground sprinkling and a minimum of one (1) three-inch (311) caliper tree per 1,500 square feet of asphalt shall be required in accordance with the City of Meridian's ordinance. .Curbing shall'be provided around all landscaped areas; 5. No equipment, parts, or disabled vehicles shall be stored in public view; 6. One-third of the sales lot shall be designated for customer parking in accordance with City of Meridian Ordinance Section 11-2-414 E (5). Off- street parking shall meet the requirements of Section 11-2-414 D, including appropriate striping and designation of handicapped parking spaces and signage; 7. All signage shall be subject to design review and approval. The Applicant shall obtain sign permits for all signage prior to construction. A - frame and other signs of a, temporary nature shall not be permitted and may be removed by the City of Meridian upon three days notice to the Applicant; 8. The Applicant shall provide a $1,785.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel prior to the issuance of any required permits or Ada County Highway District's approval. The Applicant shall provide evidence to the City of Meridian of such deposit; 9• The driveway approach to the property shall be designed to meet the standards of the Ada County Highway District; 10. The Applicant shall provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed so as not to cause glare or adversely impact neighboring 'residential properties, as determined by the City of Meridian; 11. The Applicant shall provide a screened trash enclosure in accordance with ordinance; City of Meridian's 12• Although sanitary sewer is not presently available to this site, the Applicant shall connect the property to sanitary sewer upon the extension FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT of the sewer in Franklin Road adjacent to the property. The Applicant shall be responsible for connection .to the City of Meridian Is sewer and payment of appropriate fees upon completion of the installation of the main. The Applicant shall be required to enter into an Assessment Agreement with the City of Meridian prior to obtaining a Certificate of Zoning Compliance and a Certificate of Occupancy; 13. The Applicant shall .provide a 20 foot wide planting strip as shown on the landscape plan adjacent to the mobile home park in accordance with Meridian City Ordinance Section 11-9-605.G, and The Applicant shall slat the chain link fence to obscure the view from adjacent residential properties; 14. Retention ponds and seepage pits shall be designed so as not to cause a nuisance. Such drainage areas shall be approved by the Public Works Department in accordance with City of Meridian's ordinance; 15. Signage for handicapped parking shall be provided; 16. As Franklin Road is an entrance corridor to the City of Meridian, a minimum of a thirty five feet (351) landscape setback shall be required, which landscape setback shall be beyond the required right-of-way on Franklin Road; 17. Sight triangles shall not be obscured; 18. No scrap metal, inoperable vehicles or other discarded material shall be stored on the property; 19. Wash stands shall be covered if the drain goes into the sanitary sewer system; 20. In the event a new service area is to be established, it shall conform to the existing pretreatment requirements of the City of Meridian; 21. The Applicant shall file with the Nampa & Meridian Irrigation District a Land Use Change/Site Development application for its review; . 22. All laterals and waste ways on the property must be protected; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT •. I 23. All municipal surface drainage shall be retained and disposed of on site; however, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review and approve of the drainage plans; 24. The Applicant shall comply with Idaho Section 31-3805; Code 25. After written approval from all appropriate entities are submitted, the Central District Health Department may approve the property for central sewage and central water; 26. Run-off shall not create a mosquito breeding problem; 27. Run-off shall discharge to a water quality sensitive BMP for stormwater management; 28. The Applicant shall construct a 24 to 30 foot wide driveway with 15 foot. radii pavement tapers on Franklin Road, located as proposed 150 feet east of .the west property line; 29. The Applicant shall close the western driveway, which is located 64 feet east of the west property line, using landscaping berms or other method approved by the Ada County Highway District. The Applicant shall coordinate the method used to close the driveway with Ada County Highway District staff; 30• As required by Ada County Highway District policy, restrictions on the width, number and locations of driveways shall exist on future development of this parcel; and 31. Other than the access point to the property specifically approved by the Ada County. Highway District, direct lot or parcel access to Franklin Road shall be prohibited. d• All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, requirements. Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT r / _ 9. The above -conditions are concluded to be reasonable and the Applicant shall meet these conditions. 1Q- It is recommended that if the Applicant meets the conditions stated above, that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL' CAILL COMMISSIONER BORUP VOTED COMMISSIONER MACCOY �N VOTED COMMISSIONER XON TH n% VOTEDCHAIRMAN JOHNS ( TIE BREAKER) -. VOTED FINDINGS OF FACT AND CONCLUSIONS OF CENTENNIAL MOTORS - CONDITIONAL USE ERMITPage 17, DECISION AND RECOMMENDATION The.Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City.Council -and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED• DISAPPROVED: FINDINGS OF -FACT AND CONCLUSIONS OF LAW - page 18. CENTENNIAL MOTORS -- CONDITIONAL USE PERMIT