Commercial Tire Subdivision CUP-01-031BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C i 1-20-01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A TIRE
FACILITY AND RETAIL STORE
IN A C-G ZONE FOR
COMMERCIAL TIRE
SUBDIVISION, LOCATED
WEST OF SOUTH MERIDIAN
ROAD AND SOUTH OF THE
EIGHT MILE LATERAL,
MERIDIAN, IDAHO
PINNACLE ENGINEERS, INC.,
APPLICANT
Case No. CUP-01-031
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 November 20, 2001, at the hour of 6:30 p.m., at
Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and David MclCdnnon,
Planner for the Planning and Zoning Department, appeared and testified, and
appearing and testifying on behalf of the Applicant was Clint Boyle, and the City
Council having duly considered the evidence and the record in this ~natter 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 1
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
November 20, 2001, 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 20, 2001,
public hearing; and the applicant, affected property ovmers, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 2
forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-I7-
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 a C-G 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 west of South Meridian Road and south of the
Eight Mile Lateral, Meridian, Idaho.
5. The owner of record of the subject property are John and Bonnie
Schenkfelder, L.P. of Meridian, Idaho.
6. Applicant is Pinnacle Engineers, Inc., of Boise, Idaho.
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 11-7-2.
8. The proposed application requests a conditional use permit for the C-G
zone for a tire facility and retail store. 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).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 3
9. The Meridian City Council recognizes that the proposed application is
in compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application ~vill 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 I 1 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:
Adopt the Recommendations of Planning and Zoning and Engineering staff as
follows:
1. Landscaping shall be installed as submitted on the site plan. One
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 4
additional conifer tree shall be added to the northeastern side of the
parldng lot area to provide additional sound buffering for the adjacent
apartments. Additional trees and/or landscaping shall be installed to the
northeasterly boundary of the property. Three copies of detailed
landscape plans and irrigation performance specifications shall be
required prior to the issuance of a Certificate of Zoning Compliance.
All parldng and areas of circulation shall be improved with a hard
surface in accordance with Meridian City Code 11-13-4.D, and shall be
installed and striped in accordance with the submitted site plan and
Ordinance 11-13-4.F.
All exterior lighting, ~vhether attached to the building or located within
the parldng lot, shall be down-shielded or otherwise altered so that the
light does not spill over onto adjacent properties or rights-of-way. All
parking lot lighting shall be in accordance with Ordinance 11-13-4C.
A building permit may be issued for the construction of the proposed
Commercial Tire building prior to the final plat recording of the
subdivision. No occupancy for the building shall be permitted prior to
final plat completion. This condition shall be subject to approval by the
Public Works Department and the Meridian Fire Department.
Ail signage shall be in accordance ~vith the standards set forth in Section
11-14 of the City Zoning and Development Ordinance. All signage is
subject to design review and shall require separate permits. Temporary
or portable signs shall be prohibited, and shall be removed upon three
days notice to the applicant.
All construction and site improvements shall conform to the
requirements of the Americans with Disabilities Act.
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-I-91) for all off-street parldng 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 5
and City of Meridian standards and policies. Off-site disposal into
surface water is prohibited unless the jurisdiction which has authority
over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
Trash: The trash enclosure shall be enclosed on at least three sides by a
solid wall or sight obscuring fence at least four feet in height in
accordance with Ordinance 11-12-1C. Coordinate location and
construction requirements with Sanitary Services, Inc.
Certificate of Occupancy: All required improvements shall be complete
prior to obtaining a Certificate of Occupancy for the proposed
development. A temporary Certificate of Occupancy may be obtained
by providing surety to the City in the form of a letter of credit or cash in
the amount of 110% of the cost of the required improvements
(including paving, striping, landscaping, and irrigation). A bid shall
accompany any request for temporary occupancy. Any temporary
occupancy shall not exceed 60 days to complete the required
improvements.
10.
Sanitary sewer and water service to this site shall be provided via
existing facilities.
11.
A Certificate of Zoning Compliance and a Building Permit shall be
obtained prior to the start of construction.
12.
The hours of operation shall be between 7:30 a.m. and 6:00 p.m.,
Monday through Saturday, with no operation on Sunday.
13.
Applicant shall comply with all conditions stated in the Preliminary Plat
approval PP-01-018 recommended which includes the Meridian Fire
Department, ACHD and Central District Health Department.
Applicant shall comply with the requirement from the action taken by the City
Council at their November 20, 2001 meeting as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 6
14. Applicant shall landscape the northeast corner of the property, which
will be located next to the adjacent apartment building, and shall
provide a buffer for noise. The landscaping shall consist of additional
shrubs and trees along with the two existing evergreen trees already
existing along that northeast corner. Additionally, the landscaping shall
be approved by the Planning and Zoning Department.
13. The proposed uses within the subject application will not be
harmonious with and in accordance with the Meridian Comprehensive Plan and the
City of Meridian Zoning and Development Ordinance, however, the Plan is currently
under review and this area is being considered for some commercial designation,
which then would be harmonious 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 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 7
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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 8
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 ~vith the existing or intended character of
the general vicinity and that such use will not change the essential character of the
same area;
USES;
Will not be hazardous or disturbing to existing or future neighboring
e. Will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse disposal,
xvater, sewer or that the person responsible for the establishment of proposed
conditional use shall be able to provide adequately any such services;
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 9
5. Prior to granting a conditional use permit in the General Retail and
Service Commercial District (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 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 § I 1-I7-6)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 10
7. When the City Council approves a conditional use permit 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
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
the C-G zone for a tire facility and retail store, located west of South Meridian Road
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 11
and south of the Eight Mile Lateral, Meridian, Idaho, subject to the following
conditions of use and development, subject to the following:
Adopt the Recommendations of Planning and Zoning and Engineering staff as
follows:
Landscaping shall be installed as submitted on the site plan. One additional
conifer tree shall be added to the northeastern side of the parldng lot area
to provide additional sound buffering for the adjacent apartments.
Additional trees and/or landscaping shall be installed to the northeasterly
boundary of the property. Three copies of detailed landscape plans and
irrigation performance specifications shall be required prior to the issuance
of a Certificate of Zoning Compliance.
All parking and areas of circulation shall be improved with a hard surface in
accordance with Meridian City Code 11-13-4.D, and shall be installed and
striped in accordance with the submitted site plan and Ordinance 11-13-
4.F.
All exterior lighting, whether attached to the building or located w/thin the
parkdng lot, shall be down-shielded or otherwise altered so that the light
does not spill over onto adjacent properties or rights-of-way. All parking lot
lighting shall be in accordance with Ordinance 11-13-4C.
A building permit may be issued for the construction of the proposed
Commercial Tire building prior to the final plat recording of the
subdivision. No occupancy for the building shall be permitted prior to final
plat completion. This condition shall be subject to approval by the Public
WorLs Department and the Meridian Fire Department.
All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance. All signage is
subject to design review and shall require separate permits. Temporary or
portable signs shall be prohibited, and shall be removed upon three days
notice to the applicant.
6. All construction and site improvements shall conform to the requirements
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 12
of the Americans with Disabilities Act.
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 ali off-street parMng 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 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.
Trash: The trash enclosure shall be enclosed on at least three sides by a
solid wall or sight obscuring fence at least four feet in height in accordance
with Ordinance 11-12-1C. Coordinate location and construction
requirements with Sanitary Services, Inc.
Certificate of Occupancy: All required improvements shall be complete
prior to obtaining a Certificate of Occupancy for the proposed
development. A temporary Certificate of Occupancy may be obtained by
providing surety to the City in the form of a letter of credit or cash in the
amount of 110% of the cost of the required improvements (including
paving, striping, landscaping, and irrigation). A bid shall accompany any
request for temporary occupancy. Any temporary occupancy shall not
exceed 60 days to complete the required improvements.
10. Sanitary sewer and water service to this site shall be provided via existing
facilities.
11 .A Certificate of Zoning Compliance and a Building Permit shall be
obtained prior to the start of construction.
12.The hours of operation shall be between 7:30 a.m. and 6:00 p.m., Monday
through Saturday, with no operation on Sunday.
13.Applicant shall comply with all conditions stated in the Preliminary Plat
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 13
approval PP-01-018 recommended which includes the Meridian Fire
Department, ACHD and Central District Health Department.
Applicant shall comply with the requirement from the action taken by the City
Council at their November 20, 2001 meeting as follows:
14.Applicant shall landscape the northeast corner of the property, which will
be located next to the adjacent apartment building, and shall provide a
buffer for noise. The landscaping shall consist of additional shrubs and
trees along with the two existing evergreen trees already existing along that
northeast corner. Additionally, the landscaping shall be approved by the
Planning and Zoning Department.
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.
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.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 14
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
ROLL CALL:
COUNCILMAN RON ANDERSON VOTED
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHEKIE McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED
MOTION: ~
APPROVE~2~;7~-'''-~
DISAPPROVED:
VOTED__~
VOTED~
VOTED
VOTED
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
City Clerk
Dated: /2
Z:\Worl6MWleridianX~Meridian 15360M~Commercial Tire Sub PP01-018~FfCIsCUP01-031 final.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 15
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 11/20/01
iN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A TIRE
FACILITY AND RETAIL STORE
IN A C-G ZONE FOR
COMMERCIAL TIRE
SUBDIVISION, LOCATED
WEST OF SOUTH MERIDIAN
ROAD AND SOUTH OF THE
EIGHT MILE LATERAL,
MERIDIAN, IDAHO
PINNACLE ENGINEERS, INC.,
APPLICANT
Case No. CUP-01-031
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on the 200` day of November,
2001, under the provisions of Meridian City Code § 11-17-4 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:
2. That the above named applicant is granted a conditional use permit for the C-
G zone for a tire facility and retail store, located west of South Meridian Road and
ORDER CONDITIONAL USE PERMIT - 1
(cuP-o 1-o31)
south of the Eight Mile Lateral, Meridian, Idaho, subject to the following conditions
of use and development:
Adopt the Recommendations of Planning and Zoning and Engineering staff as
follows:
Landscaping shall be installed as submitted on the site plan. One additional
conifer tree shall be added to the northeastern side of the parking lot area
to provide additional sound buffering for the adjacent apartments.
Additional trees and/or landscaping shall be installed to the northeasterly
boundary of the property. Three copies of detailed landscape plans and
irrigation performance specifications shall be required prior to the issuance
of a Certificate of Zoning Compliance.
All parldng and areas of circulation shall be improved with a hard surface in
accordance with Meridian City Code 11-13-4.D, and shall be installed and
striped in accordance with the submitted site plan and Ordinance 11-13-
4.1:.
Ail exterior lighting, whether attached to the building or located within the
parldng lot, shall be down-shielded or otherwise altered so that the light
does not spill over onto adjacent properties or rights-of-way. Ail parldng lot
lighting shall be in accordance with Ordinance 11-13-4C.
A building permit may be issued for the construction of the proposed
Commercial Tire building prior to the final plat recording of the
subdivision. No occupancy for the building shall be permitted prior to final
plat completion. This condition shall be subject to approval by the Public
Worlcs Department and the Meridian Fire Department.
All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance. All signage is
subject to design review and shall require separate permits. Temporary or
portable signs shall be prohibited, and shall be removed upon three days
notice to the applicant.
All construction and site improvements shall conform to the requirements
of the Americans with Disabilities Act.
ORDER CONDITIONAL USE PERMIT
(CUP-01-031)
-2
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 surface water is prohibited unless the jurisdiction *vhich 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.
Trash: The trash enclosure shall be enclosed on at least three sides by a
solid wall or sight obscuring fence at least four feet in height in accordance
with Ordinance 11-12-1C. Coordinate location and construction
requirements with Sanitary Services, Inc.
Certificate of Occupancy: All required improvements shall be complete
prior to obtaining a Certificate of Occupancy for the proposed
development. A temporary Certificate of Occupancy may be obtained by
providing surety to the City in the form of a letter of credit or cash in the
amount of 110% of the cost of the required improvements (including
paving, striping, landscaping, and irrigation). A bid shall accompany any
request for temporary occupancy. Any temporary occupancy shall not
exceed 60 days to complete the required improvements.
10. Sanitary sewer and water service to this site shall be provided via existing
facilities.
i 1 .A Certificate of Zoning Compliance and a Building Permit shall be
obtained prior to the start of construction.
12.The hours of operation shall be between 7:30 a.m. and 6:00 p.m., Monday
through Saturday, with no operation on Sunday.
13.Applicant shall comply with all conditions stated in the Preliminary Plat
approval PP-01-018 recommended which includes the Meridian Fire
Department, ACHD and Central District Health Department.
ORDER CONDITIONAL USE PERMIT
(CUP-01-031 )
-3
Applicant shall comply with the requirement from the action talcen by the City
Council at their November 20, 2001 meeting as follows:
14Applicant shall landscape the northeast comer of the property, which will
be located next to the adjacent apartment building, and shall provide a
buffer for noise. The landscaping shall consist of additional shrubs and
trees along with the two existing evergreen trees already existing along that
northeast corner. Additionally, the landscaping shall be approved by the
Planning and Zoning Department.
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 ~ff.J-~l.~,
,2001.
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
City Clerk >:
\~xlPA_NTS40_PDCkgERYER_Z~Work~d~Meridian~VIeridian 15360iVl~Commercial Tire Sub PP01-01~
ORDER CONDITIONAL USE PERMIT
(CUP-01-031 )