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HomeMy WebLinkAboutCommercial Tire FP-01-022BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION FOR THE COMMENCEMENT OF CONSTRUCTION, FILING THE FINAL PLAT, AND CONDITIONAL USE PERMIT FOR SCHWENKFELDER TIRE SUBDIVISION (flca COMMERCIAL TIRE SUBDIVISION), LOCATED ON THE SOUTHWEST CORNER OF S. MERIDIAN ROAD AND EIGHT MILE LATERAL, MERIDIAN, IDAHO BY: PINNACLE ENGINEERS, INC. C/C 01/07/03 CASE NO. TE -02-007 ORDER GRANTING A ONE (1) YEAR TIME EXTENSION FOR THE COMMENCEMENT OF CONSTRUCTION, FILING THE FINAL PLAT, AND CONDITIONAL USE This matter coming on regularly before the City Council on the 7th day of January, 2003, upon the Applicant's time application for a one (1) year extension within which to commence construction and to submit the Final Plat and conditional use permit, which was originally approved on December 18, 2001— Final Plat, and December 4, 2001 — Conditional Use Permit, as provided in § 12-3-8 B and § 11-17-4, and good cause appearing. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named Applicant is granted a one (1) year extended period of time until December 4, 2003 — for the Conditional Use Permit and December 18, 2003 — for the Final Plat, for the above entitled subdivision application, within which to: 1. Start construction on the subdivision improvements; 2. Record the Final Plat for Schwenkfelder Tire Subdivision (fka Commercial Tire Subdivision), which is a single parcel, C -G zoned; and Order Granting A One (1) Year Time Extension For Filing Commencement of construction, Final Plat, and Conditional Use Permit (TE -02-007) 3. For completion of the Conditional Use Permit. 4. The developer shall obtain an agreement with Ada County Highway District for the Pennwood Street improvements and right-of-way prior to commencing construction and finalizing of the Plat. By action of the City Council at its regular meeting on the day of 2003. DATED this day of p0,ytuQM , 2003. ayor Robert D. Corrie Copy served upon Applicant, Planning and Zoning Department, Public Works and the City Attorney.IRPO G TF BY: Sfta'w %1L( ��l D City Clerk - CI:) ZAWork\M\Meridian\Meridian 15360M\Commercial Tire Sub TE-02-007\FPTime Extension02-007.doc Order Granting A One (1) Year Time Extension For Filing Commencement of construction, Final Plat, and Conditional Use Permit (TE -02-007) 2 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird CITY Jq IDAHO i SINCE i 190J LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PARKS & RECREATION (208 888-3579 - Fax 898-5501 PUBLIC WORKS (208)898 -5500 -Fax 887-1297 BUILDING DEPARTMENT (208)887-2211- Fax 887-1297 PLANNING AND ZONING (208) 884-5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: January 2, 2003 Transmittal Date: December 9, 2002 Hearing Date: January 7, 2003 File No.: TE 02-007 Request: Request for Time Extension on Final Plat approval and approval of Conditional Use Permit for Commercial Tire Subdivision By: Pinnacle Engineers, Inc. Location of Property or Project: Southwest corner of S. Meridian Road and Eight Mile Lateral David Zaremba, P/Z (No VAR, vAc, FP) Jerry Centers, P/Z (No VAR, vac, FP) Leslie Mathes, P/Z`(No VAR, VAC, FP) Michael Rohm, P/Z (No vAR, vac, FP) Keith Borup, P/Z (No vAR, vAc, FP) Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No vAR, vac, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FPIPPonly) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PPonly) U.S. West (FPlPPonix) Intermountain Gas(FPlPPanm Bureau of Reclamation (FP/PPonly) Idaho Transportation Department (No FP) Ada County (Azomy) 33 EAST IDAHO - MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 - City Clerk Office Fax (208) 888-4218 - Human Resources Fax (208) 288-1193 TO: Date: Re: Dear Brad: PINNACLE Zngineers, Inc Brad Hawkins -Clark, Interim Director Meridian Planning Department 660 E. Watertower, Suite 202 Meridian, ID 83642 December 3, 2002 Schwenkfelder Tire Subdivision T:Zli:�::0_7- Time extension on commencing construction and recording the final plat Time extension for completing the Conditional Use Permit On behalf of Professional Constructors, Inc. (Kurt Kroll), I am submitting an application to allow for a time extension for commencing construction and recording of the Schwenkfelder Tire Subdivision Final Plat with the associated Conditional Use Permit. The site is located west of Meridian Road and south of the Eight Mile Drain. The final plat and conditional use permit was approved by the Meridian City Council on December 04, 2001. Per OrdinanceSection 12-3-8 the approval of the final plat will become void if the applicant fails to record the plat within one year of Council approval. Also, Section 11-17-4 specifies that conditional use permit must commence within eighteen months of Council approval. Provisions are granted for time extensions under both of the aforementioned Ordinance Sections. .Therefore, the time extension request is being submitted prior to the expiration of the final plat approval and conditional use permit approval- (December pproval-(December 04, 2002). The final plat consists of a single lot on 2.44 acres with a C -G (General Commercial) zoning designation. The conditional use permit consists of a 20,000 sq. ft. building for a retail tire store and automotive repairs. A pre -application meeting was held with Meridian staff on July 03, 2001. At the pre -app meeting Meridian staff indicated that Pennwood St. must be extended through the site and connect with Meridian Rd. Additionally, Ada County Highway District (ACRD) staff required the extension of Pennwood St. along the southerly boundary of the ',site. The ACHD required extension of Pennwood St. included right-of-way dedication and street improvements (asphalt, curb, gutter, and sidewalk). Subsequently, ACHD staff determined that the Pennwood St. extension to Meridian Rd. was not required and posed traffic concerns. I met with ACHD staff on February 5, 2002 and was informed that ACRD did not want the Pennwood St. extension. Meetings were held between Meridian staff and ACHD staff regarding the Pennwood St. extension across the site. Meridian , staff required the extension of Pennwood St. even with ACHD staff not supporting the extension. As an outcome from these meetings, on February 19, 2002, ACHD staff reduced the amount of right-of-way that was required (Pennwood St.) ` from ` 41 -feet' to 31' -feet. Additionally, ACHD 12552 W. EXECUTIVE DRIVE, SUITE B • BOISE, IDAHO 83713 • (208) 887-7760 • FAX (208) 887-7781 C016216 Meridian time extension Itr 120302 indicated that they would negotiate with the developer for the reimbursement for the costs beyond improving a 26 -foot street section where the street widens at the west -end of the property to match the existing Pennwood St. right-of-way west of the site. Due to the various changing requirements related to the Pennwood St. extension, the developer has spent substantial time reviewing the impacts of the right-of-way changes to the site layout and project costs. Meridian City staff requirement to extend Pennwood St. creates a hardship for the project. The project has been hampered by the various meetings, modifications, and negotiations associated with the Pennwood St. extension. At present, the developer is in; the process, of obtaining agreement with ACHD for the Pennwood Street improvements and right -of --way prior to commencing construction and finalizing the plat. The developer intends to have the subdivision and related Commercial Tire Store completed within the next year. If you have any questions or comments regarding this matter, please call me at (208) 887-7760 or via email at clintb@pinnacle-engineers.com. Sincerely, Clinton Boyl CP Land Use Planner CC: Kurt Kroll, PCI' Bob Schwenkfelder, Commercial Tire File #CO16216 I C CO 16216 Meridian time extension Itr 120302 N N � �\ c0 a— PINNACLE ENGINEERS, INC. 12552 WEST EXECUTIVE DR., SUITE B BOISE, ID 83713 PH. (208) 887-7760 PAY One Hundred and 00/100 Dollars m City of Meridian WASHINGTON MUTUAL BANK 4066 MERIDIAN BUSINESS BANKING CENTER #3148 19-7076-3250 11'0000406611' 1:3 2 50 70 7601: 9 3 50 5 7 14 2 211' CHECK DAT€jeCenlber 3, 2002 AMOUNT $100.00 v --- -- --- --- -- --- �a C ` z Cc q�\ O CL LL OLL `\Y' Z �j WU J : ` U \ a i�z w w ¢ C w w a _ •v w U H U w L Q Q PINNACLE ENGINEERS, INC. 12552 WEST EXECUTIVE DR., SUITE B BOISE, ID 83713 PH. (208) 887-7760 PAY One Hundred and 00/100 Dollars m City of Meridian WASHINGTON MUTUAL BANK 4066 MERIDIAN BUSINESS BANKING CENTER #3148 19-7076-3250 11'0000406611' 1:3 2 50 70 7601: 9 3 50 5 7 14 2 211' CHECK DAT€jeCenlber 3, 2002 AMOUNT $100.00 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PINNACLE ENGINEERS, INC., FOR APPROVAL OF FINAL PLAT FOR COMMERCIAL TIRE, LOCATED AT SOUTH MERIDIAN ROAD AND SOUTH OF THE EIGHT MILE LATERAL, MERIDIAN, IDAHO FiLE eapy C/C 12/18/01 CASE NO. FP -01-022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on December 18, 2001, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Bruce Freckleton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, listing 3 General Comments and 10 Site Specific Comments, which are herein found fair and reasonable, and at the December 18, 2001 meeting, Shari Stiles, Planning and Zoning Administrator, and Meridian Fire Chief, Kenny Bowers, appeared and testified at the hearing, and Clint Boyle appeared and testified on behalf of the applicant, and no one appeared in opposition, and the Council having ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COMMERCIAL TIRE (FP -01-022) considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: I . The Plat of "COMMERCIAL TIRE SUBDIVISION' as evidenced in Final Plat bearing the "FINAL PLAT FOR COMMERCIAL TIRE SUBDIVISION, A PORTION OF THE SE 1/40F THE NE 1/40F SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN ADA COUNTY, IDAHO 2002, DRAWING NO. C016216 FP.DWG, SHEET 1 OF 2, HAND WRITTEN DATE: 20 NOV 01, PINNACLE ENGINEERS, INC.", Pinnacle Engineers, Inc., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Frecicleton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, dated December 13, 2001, listing 3 General Comments and 10 Site Specific Comments, a true and correct copies are attached hereto marked Exhibit "A", and consisting of three pages, and by this reference incorporated herein, with the additional requirements as follows, to -wit: 1.1 Pursuant to action taken by the Council at their December 18, 2001, meeting, number 6 on page 2 of the Site Specific Comments of the staff comments, attached hereto as Exhibit "A", shall be revised and shall read as follows: Site Specific Comments: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COMMERCIAL TIRE (FP -01-022) -2 6. "Street signs are to be in place, the water system shall be approved and activated, a temporary construction fence to help keep debris out of the ditch, and a road base shall be in place so emergency vehicles can access the back of the property of the lot, and which road base shall be approved by the Ada County Highway District, all of which must be completed before a building permit may be obtained. It shall not be necessary to have the pressurized irrigation system approved and activated, drainage lots constricted, or the perimeter fencing installed, prior to applying for the building permit. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. The final plat shall be recorded prior to issuance of a certificate of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc. prior to signature on the final plat." 1.2 Deputy Fire Chief, Joseph Silva, requires the following: a. That a fire -flow consistent with the 1997 Uniform Fire Code for the type and size of the building being proposed. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III -A. b. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 &_ 901.3. c. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. d. Final approval of the fire hydrant locations shall be by the Meridian Water Department. e. All radii shall be 28' inside and 48' outside radius. f. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the UFC. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COMMERCIAL TIRE (FP -01-022) -3 g. The roadways shall be built to Ada County Highway Standards, UFC 902.2.1 h. The tire storage practices shall be consistent to those allowed by the 1997 Uniform Fire Code for High Hazard Commodities. i. Outside storage of tires shall comply with 1997 UFC 1103.3.6. 1.3 Comply with the Central District Health Department's Environmental Health Division on the Final Plat dated 12/6/01. 2. The final plat upon which there is contained the Certification and signature of the City Cleric and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 ."The Plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on- site improvements. By action of the City Council at its regular meeting held on the day of , 2002. f �ffil .'kYOR ROBERT D. CORRIE ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COMMERCIAL. TIRE (FP -01-022) W Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: Dated: City Cleric \\iiNPA NTS40 PDG\SERVER Z\Wort,uM\Nteridian\Nteridian 15360NKommercial Tire FPO 1-0?Z\FPOrderO1. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COMMERCIAL TIRE (FP -01-022) -S Foix -rt D. ComeCIrI`Y OF IRIDIAN I'W, _36.: 18_ 0 CrTY COUNCIL \IES PUBLIC WORIi$ 33 EAST IlDAt J BURLDGgG DERUM, 1ENi '.,..Ron.��deaon ' (.03) 387-. ;11 • Fax 887-t_97 Keith Bird NERIDLkNL , IDAHO 83642 Ta=m deWeerd (=08) 388-4133 • FAX (=U8) 387--1813 PL.4Vti_lNG AND ZONLNG City Qe&- Office Ra (208) 8884213 DEP.40r,% ONrr aerie Mcc.uidless RECEIVED (208) 334-3533 • ELK 388-6854 MEMOR.ANDUIbI: DEC 14 2001 December 13, 2001 City Of Meridian To: Mayor and City Council City Clerk Office From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning & Zoning Administrator Re: Request for Final Plat Approval of a One -lot Subdivision on 2.44 Acres of Land, Consisting of a Single Lot on 1.89 Acres with the Balance of the Land Being Dedicated as Public Right-of-way in a C -G Zone by Pinnacle Engineers (File No. FP -01-022). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY Pinnacle Engineers,'on behalf of Commercial Tire, has requested Final Plat approval of a one -lot subdivision on 2.44 acres of land. The proposed subdivision would combine four existing lots into one 1.89 -acre lot, with the remainder of the land being dedicated as public right-of-way. Pennwood Street will be extended from Meridian Road to match the Pennwood Street right-of-way on the western boundary of the property.. The applicants have received a Conditional Use Permit and Preliminary Plat approval from the City of Meridian for the construction of a 20,000 -square -foot retail sales and automotive repair building. The proposed building will house eight automotive service bays, two alignment bays, and 'a covered truck canopy capable of housing two large tucks or R.V.'s, in addition to office, warehouse and waiting areas. The pre-engineered steel building has a metal rood pre -finished metal siding and painted masonry block. LOCATION & SURROUNDING USES The subject property is located on the west side of Meridian Road and just south of the Eight Mile Lateral. It is generally located at the southwest corner of the intersection of Gem Avenue and Meridian Road. The property is currently zoned C -G. The following uses surround the subject property: FP -01-022 North — John's Car Care, zoned C -G. 6z4;b:f "H" 103 Commercial Tire FP mss, r Planning & ening Commission/Mayor & City Counc :P December 13, 2001 Page 2 South — Apartment buildings, zoned R-15 and R-40. East —Vacant land, zoned C.G. West —Vacant land, zoned C -G. SITE SPECIFIC COMMENTS 1. Sanitary sewer and water service to this site shall be via extensions from existing main lines adjacent to the property. 2. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. 3. All parking shall be retained on-site for all buildings and businesses within the subdivision. 4. Please revise plat note #6 to read: ... elevation of heuse structural footings shall... 5. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 6. pre d g fbr Wildingpernr . All development improvements shall be installed and approved prior to obtaining certificates of occupancy. The final plat shall, be recorded prior to issuance of a certificate of occupancy. A. letter of credit or cash surety in the amount of 110°/ will be required for all fencing, pathways,' landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 7. All parking and areas of circulation shall be paved, striped, and meet minimum dimension requirements and number of stalls as per City Ordinance. Handicapped parking must meet the standards of the Americans with Disabilities Act. 8. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication, "Catalog of Storm Water Best Management Practices for Idaho Cities and Counties" and City of Meridian standards and policies. Off-site disposal into 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 on the final plat. FP -0t-072 commercial Tiro.FP h -h .3 �f Planning & Zoning Commission/Mayor & City Count,., December 13, 2001 Page 3 9. Assessment fees for water and sewer service are determined during the building plan review process. 10. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. GENERAL COMMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Please submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, lot and block numbering. Make any corrections necessary to conform. RECOM ffNDATION Staff recommends approval of this application, with the aforementioned conditions. FP-01.022Ti EXA /� /.�' N/ ' y ^t. frommercial n.FP I BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN 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 C/C 11-20-01 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 McKinnon, 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 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 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 LaNv and Decision and Order to - wit; FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for t-wo (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 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 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 11-17- 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in 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 will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose exTense 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 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, 2. 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. 3. All exterior lighting, whether attached to the building or located within the parking 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 I 1-13-4C. 4. 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. 5. 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 of the Americans with Disabilities Act. 7. 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 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. 8. 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 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 9. 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 Nleridian Comprehensive Plan and the City of Yleridian 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 vleridian has done in the adoption of its zoning ordinances, 4. The Citv 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- a] 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; 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 § 11-17-6) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 7. tiVhen 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 - I I and south of the Eight Utile 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: 1. 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. 2. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.1), and shall be installed and striped in accordance with the submitted site plan and Ordinance 11-13- 4.F. 3. All exterior lighting, whether attached to the building or located within the parking 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. 4. 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. 5. 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. 7. 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 EnN ironmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of \/[eridian 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. 8. 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 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 9. 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 LA 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 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. 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 i 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 day of �Ke6-'n 4eL- , 2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED*� COUNCILNLAdN KEITH BIRD VOTED 0— COUNCILWOMAN TAMMY deWEERD VOTED 04 - COUNCILWOMAN CHERIE McCANDLESS VOTED__ GG MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED:_ MOTION: APPROVE ISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. "s'0���kf By: c%%.�i� 1141se".1-1 City Clerk ic> Dated: 12 "-4-0 01 ZAWorkWtw(eridianVvteridian I5360KCommercial Tire Sub PPO I-018\FECIsCUPOI.03I final.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 S- BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN 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 C/C 11/2 0/01 Case No. CUP -01-031 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 20`h 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 -01-031) 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: 1. 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. 2. 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- 41. 3. All exterior lighting, whether attached to the building or located within the parking 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. 4. 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. 5. 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 of the Americans with Disabilities Act. ORDER CONDITIONAL USE PERMIT -2 ( CUP -01-031) 7. 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 `eater 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. S. Trash: The trash enclosure shall be enclosed on at least three sides by a J solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 9. 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 LA 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 -3 (CUP -01-031) 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. 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 7 day of �CL�/�yiL. , 2001. Rob D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. B Dated: 12--4--D City Clerk \\NPA_NTS40 PDC\SERVER Z\Work\N1\Meridian\N1eridian I5360N1\Commercial Tire Sub PPO i -08\0r r UPO l •03l.doc cfi17 ORDER CONDITIONAL USE PERMIT CUP -0l -03 1 i�, BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PINNACLE ENGINEERS, INC., FOR APPROVAL OF FINAL PLAT FOR COMMERCIAL TIRE, LOCATED AT SOUTH MERIDIAN ROAD AND SOUTH OF THE EIGHT MILE LATERAL, MERIDIAN, IDAHO C/C 12/18/01 CASE NO. FP -01-022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on December 18, 2001, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Bruce Frecicleton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, listing 3 General Comments and 10 Site Specific Comments, which are herein found fair and reasonable, and at the December 18, 2001 meeting, Shari Stiles, Planning and Zoning Administrator, and Meridian Fire Chief, Kenny Bowers, appeared and testified at the hearing, and Clint Boyle appeared and testified on behalf of the applicant, and no one appeared in opposition, and the Council having ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COMMERCIAL TIRE (FP -01-022) considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Plat of "COMMERCIAL TIRE SUBDIVISION' as evidenced in Final Plat bearing the "FINAL PLAT FOR COMMERCIAL TIRE SUBDIVISION, A PORTION OF THE SE 1/40F THE NE 1/40F SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN ADA COUNTY, IDAHO 2002, DRAWING NO. C016216 FP.DWG, SHEET 1 OF 2, HAND WRITTEN DATE: 20 NOV 01, PINNACLE ENGINEERS, INC.", Pinnacle Engineers, Inc., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, dated December 13, 2001, listing 3 General Comments and 10 Site Specific Comments, a true and correct copies are attached hereto marked Exhibit "A", and consisting of three pages, and by this reference incorporated herein, with the additional requirements as follows, to -wit: 1.1 Pursuant to action taken by the Council at their December 18, 2001, meeting, number 6 on page 2 of the Site Specific Comments of the staff comments, attached hereto as Exhibit "A", shall be revised and shall read as follows: Site Specific Comments: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COMMERCIAL TIRE (FP -01-022) 6. "Street signs are to be in place, the water system shall be approved and activated, a temporary construction fence to help keep debris out of the ditch, and a road base shall be in place so emergency vehicles can access the back of the property of the lot, and which road base shall be approved by the Ada County Highway District, all of which must be completed before a building permit may be obtained. It shall not be necessary to have the pressurized irrigation system approved and activated, drainage lots constructed, or the perimeter fencing installed, prior to applying for the building permit. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. The final plat shall be recorded prior to issuance of a certificate of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc. prior to signature on the final plat." 1.2 Deputy Fire Chief, Joseph Silva, requires the following: a. That a fire -flow consistent with the 1997 Uniform Fire Code for the type and size of the building being proposed. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III -A. b. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 &. 901.3. c. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. d. Final approval of the fire hydrant locations shall be by the Meridian Water Department. e. All radii shall be 28' inside and 48' outside radius. f. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the UFC. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COMMERCIAL TIRE (FP -01-022) -3 g. The roadways shall be built to Ada County Highway Standards. UFC 902.2.1 h. The tire storage practices shall be consistent to those allowed by the 1997 Uniform Fire Code for High Hazard Commodities. i. Outside storage of tires shall comply with 1997 UFC 1103.3.6. 1.3 Comply with the Central District Health Department's Environmental Health Division on the Final Plat dated 12/6/01. 2. The final plat upon which there is contained the Certification and signature of the City Cleric and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The Plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on- site improvements. By action of the City Council at its regular meeting held on the �0t� day of 1�e ffeo-he-L- , 2002. NTAA OR ROBERT D. CORRIE ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COMMERCIAL TIRE (FP -01-022) MI Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: Dated: City Cleric \\NPA NTS40 PDC\SERVER Z\Worlc\M\MeridianVvieridian 15360MWommercial Tire FPO 1-022\FPOrderO I ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COMMERCIAL TIRE (FP -01-022) -5 %L YOR Rolkrt D. Corrie CONQL MEMBERS Ron _Anderson Keith Bird Timmy deWeerd Cherie i1cCandless n vo yr t AP -1W vtet: A Gerd Place ro Lve �,l TAY OF MERIDL- N 33 EAST IDAHO -v=L�N, MAHO 8302 (208) 888-4433 - FA_Y(208) .987-4813 City Gerk Office Fax (208) 888-4213 RECEIVED LEGAL DEP.VJN ENT (208) 388-3499 • Fax 288-2501 PUBLIC WORKS BLUDE G DERM ,TIENT (208) 887-2111 • Fix 887-1297 PL,°uwING AND ZONING DEPAR1, [ENT (208) 88-I-3333 • F -AX 888-6854 MEMORANDUM: DEC 14 2001 December 13, 2001 City Of Meridian To: Mayor and City Council City Clerk Office From: Bruce Freckleton, Assistant to City Engineer J* Shari Stiles, Planning & Zoning Administrator Re: Request for Final Plat Approval of a One -lot Subdivision on 2.44 Acres of Land, Consisting of a Single Lot on 1.89 Acres with the Balance of the Land Being Dedicated as Public Right-of-way in a C -G Zone by Pinnacle Engineers (File No. FP -01-022). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY Pinnacle Engineers, on behalf of Commercial Tire, has requested Final Plat approval of a one -lot subdivision on 2.44 acres of land. The proposed subdivision would combine four existing lots into one 1.89 -acre lot, with the remainder of the land being dedicated as public right-of-way. Pennwood Street will be extended from Meridian Road to match the Pennwood Street right-of-way on the western boundary of the property.. The applicants have received a Conditional Use Permit and Preliminary Plat approval from the City of Meridian for the construction of a 20,000 -square -foot retail sales and automotive repair building. The proposed building will house eight automotive service bays, two alignment bays, and'a covered truck canopy capable of housing two large tucks or R.V.'s, in addition to office, warehouse and waiting areas. The pre-engineered steel building has a metal root pre -finished metal siding and painted masonry block. LOCATION & SURROUNDING USES The subject property is located on the west side of Meridian Road and just south of the Eight Mile Lateral. It is generally located at the southwest corner of the intersection of Gem Avenue and Meridian Road. The property is currently zoned C -G. The following uses surround the subject property. FP -01-022 North — John's Car Care, zoned C -G. Re ���Ab•Y m AA I O �✓ Commercial Tire FP kf! ' ,w Planning & Zoning Commission/Mayor & City Council December 13, 2001 Page 2 South — Apartment buildings, zoned R-15 and R-40. East —Vacant land, zoned C -G. West —Vacant land, zoned C -G. SITE SPECIFIC COMMENTS 1. Sanitary sewer and water service to this site shall be via extensions from existing main lines adjacent to the property. 2. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. 3. All parking shall be retained on-site for all buildings and businesses within the subdivision. 4. Please revise plat note #6 to read: ... elevation of Meuse structural footings shall... Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 6. , d > 9 buffdirtgper�. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. The final plat shall be recorded prior to issuance of a certificate of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 7. All parking and areas of circulation shall be paved, striped, and meet minimum dimension requirements and number of stalls as per City Ordinance. Handicapped parking must meet the standards of the Americans with Disabilities Act. 8. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication, "Catalog of Storm Water Best Management Practices for Idaho Cities and Counties" and City ofMeridian 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 on the final plat. FP -01-022 Commercial Tire.FP Exli,h; l i9" a of'3 Planning & Zoning Commission/Mayor & City Council December 13, 2001 Page 3 9. Assessment fees for water and sewer service are determined during the building plan review process. 10. StafFs failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. GENERAL COMMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Please submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, lot and block numbering. Make any corrections necessary to conform. RECOMMENDATION Staff recommends approval of this application, with the aforementioned conditions. FP -01.022_ I• / ,`� /' J Ct ;.3 ercial Tire. FP December 14, 2001 FP 01-022 MERIDIAN CITY COUNCIL MEETING December 18, 2001 APPLICANT Pinnacle Engineers, Inc. ITEM NO. REQUEST Request for Final Plat approval of 1 building lot on 2.44 acres in a C -G zone for Commercial Tire — South Meridian Road and south of the Eight Mile Lateral AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: See attached Evaluation Sheet Sec G!d QCi-ud CCJf Y1 "No Remarks" "No Comment" see attached Comments Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. CWHEALTH CENTRAL DISTRICT DEPARTMENT Rezone # CEN, SAL DISTRICT HEALTH DLtJARTMENT . Return to: Environmental Health Division ❑ Boise ❑ Eagle Conditional Use # Preliminar / Fina ' Short Plat le ❑ 1. We have No Objections to this Proposal. DEC f 2001 ❑ Garden City 11931eridian ❑ Kuna ❑ ACZ ❑ Star ❑ 2. We recommend Denial of this Proposal. City of Meridian City Clerk Office ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: Cl high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. X8. After written approval from appropriate entities are submitted, we can approve this proposal for: �eentral sewage ❑ community sewage system Cl community water well ❑ interim sewage 2 -central water ❑ individual sewage ❑ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ,&--s®ntral sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ,@--central water 10. Run-off is not to create a mosquito breeding problem. 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store �J 14. <S6-6- IV c:�, 6 6 -ii- 1 Date: 1l G / o f le&c Reviewed By: Z—z /.�J Review Sheet CENTRAL L98 DISTRICT 'HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 - (208) 375-5211 , FAX 327.8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment, STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook Prepared by City of Boise Public Works Department, May 2000. Serving Valley, Elmore, Boise, and Ada Counties Ada / Boise County Office Ada -WIC Satellite Office Elmore County Office Valley County Office 707 N. Armsrong PI. 1606 Robert St. 520 E. 8th Street N. 703 N. 1 st Street Boise, ID 83704 Boise, ID 83705 Mountain Home, ID 83647 P.O. Box 1448 Enviro. Health: 327-7499 Ph. 334-3355 Enviro. Health: 587-9225 McCall, ID. 83638 Family Planning: 327-7400 FAX: 334-3355 Family Health: 587-4407 Ph. 634-7194 immunizations: 327-7450 WIC: 587-4409 FAX: 634-2174 Senior Nutrition: 327-7460 FAX: 587-3521 WIC: 327-7488 FAX: 327-8500 RECEIVE EVALUATION SHEET DEC _ 3 2001 Citi Meridian Cit Clerk Offiec Proposed Development Name SCHWENFELDER TIRE SUBDIVISION File No. Date Reviewed 11/29/2001 Preliminary Stage Final X The street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE regarding this development in accordance with the Ada County Street Name Ordinance. The following existing streets shall appear on the plat: "S. MERIDIAN ROAD" W. PENNWOOD STREET" There are no newly proposed street names for this development. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. All of the signatures must be secured by the representative or his/her designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE AG CY REPRESENTATIVES OR DESIGNEES Community Planning Assn Ashley Jimenez aj /%%/ -� Date /1. 29' Cr7 City of Meridian Cheryl Sable��z Fire District RepresentativeLW4� 1�2 j��Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed!!! Sub Index Street Index 3N1W13 Section HUB OF TREASURE VALLEY MAYOR A C")d Place to Live LEGAL DEP,,UMT MN -r Robert D. Cootie1 IT -y OF MERIDIANPUBLIC 288-2499 • Fisc 288-:501 CITY COUNCIL;VIEbIBERS / PUBLIC \CORKS 33 EAST IDAHO BUILDING DEP_\RTIMENi' Ron Anderson (208) 887-2-111 • Fu 887-1297 Keith Bird MERIDIAN, IDAHO 83642 T de\Veerd (208) 888-4433 - FAX (208) 887-4813 PLANNING AMD ZONING anmy City Clerk Office Fax (208) 888-4218 DEPA INIE-NT Cherie McCandless (208) 884-5533 • FAX 888-6854 RECEIVED MEMORANDUM: DEC 14 2001 December 13, 2001 City Of Meridian To: Mayor and City Council City Clerk Office From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning & Zoning Administrator Re: Request for Final Plat Approval of a One -lot Subdivision on 2.44 Acres of Land, Consisting of a Single Lot on 1.89 Acres with the Balance of the Land Being Dedicated as Public Right-of-way in a C -G Zone by Pinnacle Engineers (File No. FP -01-022). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY Pinnacle Engineers, on behalf of Commercial Tire, has requested Final Plat approval of a one -lot subdivision on 2.44 acres of land. The proposed subdivision would combine four existing lots into one 1.89 -acre lot, with the remainder of the land being dedicated as public right-of-way. Pennwood Street will be extended from Meridian Road to match the Pennwood Street right-of-way on the western boundary of the property. The applicants have received a Conditional Use Permit and Preliminary Plat approval from the City of Meridian for the construction of a 20,000 -square -foot retail sales and automotive repair building. The proposed building will house eight automotive service bays, two alignment bays, and a covered truck canopy capable of housing two large tucks or R. V.'s, in addition to office, warehouse and waiting areas. The pre-engineered steel building has a metal root pre -finished metal siding and painted masonry block. LOCATION & SURROUNDING USES The subject property is located on the west side of Meridian Road and just south of the Eight Mile Lateral. It is generally located at the southwest corner of the intersection of Gem Avenue and Meridian Road. The property is currently zoned C -G. The following uses surround the subject property: North — John's Car Care, zoned C -G. FP -01.022 Commercial Tire FP Planning & Zoning Commission/Mayor & City Council December 13, 2001 Page 2 South — Apartment buildings, zoned R-15 and R-40. East —Vacant land, zoned C -G. West —Vacant land, zoned C -G. SITE SPECIFIC COMMENTS Sanitary sewer and water service to this site shall be via extensions from existing main lines adjacent to the property. 2. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. 3. All parking shall be retained on-site for all buildings and businesses within the subdivision. 4. Please revise plat note #6 to read: ... elevation of Neuse structural footings shall... 5. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. Ftpr 6. Street signs are to be in place, water system shall be approved and activate installe roam ase' prov by the rior to applying for buildinipermits. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. The final plat shall be recorded prior to issuance of a certificate of occupancy. A letter of credit or cash surety in the amount of 110% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 7. All parking and areas of circulation shall be paved, striped, and meet minimum dimension requirements and number of stalls as per City Ordinance. Handicapped parking must meet the standards of the Americans with Disabilities Act. 8. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication, "Catalog of Storm Water Best Management Practices for Idaho Cities and Counties" and City ofMeridian 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 on the final plat. FP -01-022 Commercial Tire.FP Planning & Zoning Commission/Mayor & City Council December 13, 2001 Page 3 9. Assessment fees for water and sewer service are determined during the building plan review process. 10. Staffs failure to cite specific ordinance provisions or terms of the approved preliminary plat does not relieve Applicant of responsibility for compliance. GENERAL COMMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3, Please submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, lot and block numbering. Make any corrections necessary to conform. RECOMMENDATION Staff recommends approval of this application, with the aforementioned conditions. FP -01-022 Commercial Tire.FP Meridian Fire Department December 14, 2001 TO: Meridian Planning & Zoning Commission SUBJECT: Commercial Tire Subdivision File # FP 01-022 FROM: Joseph Silva, Deputy ep h' Chief, Fire Prevention u Joseph Silva Deputy Chief Meridian Fire Department 540 E. Franklin Rd. Meridian, Id 83642 (208) 888-1234 Fax (208)'895.0390 RECEIVET-'� DEC 14 2001 City Of Meridian City Clerk Office The following will be the requirements and/or concerns to provide tninim the proposed project; urn Levels of fire protection for 1 • That a fire -flow consistent with the being proposed, 1997 Unifonn Fire Code for the type and size of the building Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III -A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final Approval of the fire hydrant locations shall be by the Meridian Water Department. 5. All radii shall be 28' inside and 48' outside radius. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. The roadways shall be built to Ada County Highway Standards, UFC 902.2.1 8. The fire storage practices shall be consistent those allowed by the 1997 Uniform Fire Code for High Hazard Commodities. 9. Outside Storage of tires shall comply with 1997 UFC 1103.3.6 DEC 14 '01 15:14 89507gA cnr_c M November 30, 2001 MERIDIAN CITY COUNCIL MEETING December 4, 2001 APPLICANT Pinnacle Engineers, Inc. ITEM NO. W REQUEST findings -- Request for Preliminary Plat approval of 1 building lot on 2.44 acres in a C -G zone for proposed Commercial Tire Subdivision — South Meridian Road and south of the Eight Mile Lateral AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See attached Findings BUREAU OF RECLAMATION: OTHER: See attached proof of posting affidavit Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. RECEIVED Interoffice NOV 2 9 2001 MEMORANDUM City of Meridian �'lity CaPrk Offion To: William G. Berg, Jr. From: Wm. F. Nichols Subject: Commercial Tire Subdivision / PP Findings of Fact and Conclusions of law and Order of Conditional Approval of Preliminary Plat File: PP -01-018 Date: November 26, 2001 Will: Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their November 20, 2001 meeting. The Findings will be on the Council's agenda for December 4, 2001 meeting. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Works and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. Z:\Work\N1VV1eridian\Meridian 15360M\Commercial Tire Sub PPO 1-018\BergPPMem10260Ldoc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR COMMERCIAL TIRE SUBDIVISION, LOCATED SOUTH OF MERIDIAN ROAD AND SOUTH OF THE EIGHT MILE LATERAL, MERIDIAN, IDAHO BY: PINNACLE ENGINEERS, INC., APPLICANT C/C 11/20/01 Case No. PP -01-018 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coining on regularly for public hearing before the City Council on November 20, 2001, and David McKinnon, 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 received a report from David McKinnon, Planner for the Planning and Zoning Department, and Bruce Frecldeton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COMMERCIAL TIRE SUBDIVISION/ (PP -01-018) 1 "PRELIMINARY PLAT SHOWING COMMERCIAL TIRE SUBDIVISION, A PORTION OF THE SE 1/40F THE NE 1/40F SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN ADA COUNTY, IDAHO 2001, DATE: 8-6-01, DRAWN BY: SMS, DESIGNED BY: JGC, CHECKED BY: J.G. CARPENTER, P.E., PROJECT NO. C016216, SHEET PPI, PINNACLE ENGINEERS, INC., JOHN AND BONNIE SCHWENKFELDER, LP -OWNER, PROFESSIONAL CONSTRUCTORS, INC. -DEVELOPER", submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and. Map, adopted December 21, 1993, and the property is presently zoned General Retail and Service Commercial District (C -G), and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 K] 2. The preliminary plat is in conformance with the Comprehensive Plan FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT. COMMERCIAL TIRE SUBDIVISION / (PP -01-018) 2 City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Engineering Technician III and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMINARY PLAT SHOWING COMMERCIAL TIRE SUBDIVISION, A PORTION OF THE SE 1/4 OF THE NE I/4 OF SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COMMERCIAL TIRE SUBDIVISION / (PP -01-018) 3 ADA COUNTY, IDAHO 2001, DATE: 8-6-01, DRAWN BY: SMS, DESIGNED BY: JGC, CHECKED BY: J.G. CARPENTER, P.E., PROJECT NO. C016216, SHEET PPI, PINNACLE ENGINEERS, INC., JOHN AND BONNIE SCHWENKFELDER, LP -OWNER, PROFESSIONAL CONSTRUCTORS, INC. -DEVELOPER". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT SHOWING COMMERCIAL TIRE SUBDIVISION, A PORTION OF THE SE 1/40F THE NE 1/4 OF SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN ADA COUNTY, IDAHO 2001, DATE: 8-6-01, DRAWN BY: SMS, DESIGNED BY: JGC, CHECKED BY: J.G. CARPENTER, P.E., PROJECT NO. C016216, SHEET PPI, PINNACLE ENGINEERS, INC., JOHN AND BONNIE SCHWENKFELDER, LP -OWNER, PROFESSIONAL CONSTRUCTORS, INC. - DEVELOPER' is hereby conditionally approved; and 2. The conditions of approval are as follows to -wit: Adopt the Planning and Zoning Administrator and Engineering Department FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, COMMERCIAL TIRE SUBDIVISION/ (PP -01-018) 4 Recommendations as follows: Sanitary sewer and water service to this site shall be via extensions from existing main lines adjacent to the property. 2. Landscaping shall be installed as noted above. A detailed irrigation plan including performance specifications shall be submitted as part of the required landscaping plan. A letter of credit or cash in the amount of 110% shall be required for these improvements prior to signature on the final plat. 3. All of the required street buffer landscaping shall be installed prior to the issuance of a Certificate of Occupancy for the lot created by the subdivision and shall be bonded for prior to signature on the Final Plat. 4. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. 5. All parking shall be retained on-site for all buildings and businesses within the subdivision. 6. All parking and areas of circulation shall be paved, striped, and meet minimum dimension requirements and number of stalls as per City Ordinance. Handicapped parking shall meet the standards of the Americans with Disabilities Act. 7. 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 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 on the final plat. 8. Assessment fees for water and sewer service are determined during the building plan review process. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COMMERCIAL TIRE SUBDIVISION / (PP -01-018) 5 9. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 10. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 11. Submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, lot and block numbering. Make any corrections necessary to conform. Adopt the ACHD Recommendations as follows: 12. Dedicate 40 -feet of right-of-way from the centerline of Meridian Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 13. Dedicate sufficient right-of-way (58 -feet tapering to 41 -feet) for the Pennwood Street extension abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 14. Construct the Pennwood Street extension as a complete 40 -foot street section within 58 -feet of right-of-way at the west property line tapering toward the southeast corner of the property to one half of a 40 -foot street section plus 12 -feet of additional pavement, with curb, gutter and 5 -foot wide concrete sidewalk. The applicant shall coordinate the exact design and location of Penwwood Street with District staff. 15. Construct a 5 -foot wide detached concrete sidewalk on Meridian Road located 2 -feet within the new right-of-way. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. 16. Replace unused curb cuts on Meridian Road with 5 -foot wide concrete sidewalk to match the existing improvements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COMMERCIAL TIRE SUBDIVISION/ (PP -01-018) 6 17. Replace any damaged curb, gutter and/or sidewalk on the Pennwood Street extension and Meridian Road to match existing improvements. Segments to be replaced shall be determined by ACRD Construction Services staff. 18. The applicant is proposing to construct three driveways on Penwood Street. The first driveway is proposed to be located approximately 70 -feet west of Meridian Road. The second driveway is proposed to be located approximately 220 -feet west of Meridian Road. The third driveway is proposed to located approximately 35 -feet east of the west property line. The proposed driveway locations meet District policy and are approved with this application. 19. Pave the driveways to their full -required width of 30 to 35 -feet and to a point between 30 -feet beyond the edge of pavement of Penwood Street. 20. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. � 21. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 22. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 23. Any existing irrigation facilities should be relocated outside of the right- of-way. 24. Other than the access points specifically approved with this application, direct lot or parcel access to Meridian Road and Penwood Street is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Adopt the Meridian Fire Depattment Recommendations as follows: 25. Provide a fire -flow consistent with the 1997 Uniform Fire Code for the type and size of the building. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III -A. 26. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 &. 901.3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COMMERCIAL TIRE SUBDIVISION / (PP -01-018) 7 27. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 28. Final Approval of the fire hydrant locations shall be by the Meridian Water Department. 29. All radii shall be 28' inside and 48' outside radius. 30. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 31. The roadways shall be built to ACHD standards. UFC 902.2.1. 32. The tire storage practices shall be consistent with those allowed by the 1997 Uniform Fire Code for High Hazard Commodities, 33. Outside storage of tires shall comply with 1997 UFC 1103.3.6. Adopt the Recommendations of the Central District Health Dept. as follows: 34. The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 35. Run-off is not to create a mosquito breeding problem. 36. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. By action of the City Council at its regular meeting held on the day of , 2001. COUNCILMAN ANDERSON VOTED COUNCILMAN BIRD VOTED COUNCILWOMAN deWEERD VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COMMERCIAL TIRE SUBDIVISION / (PP -01-018) 8 COUNCILWOMAN McCANDLESS VOTED MAYOR ROBERT D. CORRIE VOTED (TIE BREAKER) Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. In City Clerk Dated: Z.\Work\M\Meridian\Meridian 15360M\Commercial Tire Sub PPO 1-018\FfC1sOrdPP.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COMMERCIAL TIRE SUBDIVISION / (PP -01-018) 9 N O V 1 9 2991 Lei I,Y Ob' l -E DLUN P Ew, � & Z4�i�"ING AFFIDAVIT OF PROPERTY POSTING NOV 19 2001 City Of Meridian Cler�Office g I, Brent Butterfield representing Pinnacle Engineers, 12552 W. Executive Dr., Cioise, 83713, being first duly sworn upon oath, deposed and say: That the property located west of E. 1St St. and north of Pennwood St. extended (proposed as Commercial Tire Subdivision) was posted with a hearing notice on November 09, 2001. The posting indicated a proposed single lot preliminary plat with a Meridian City Council hearing date of November 20, 2001 at 6:30pm. Dated this 19th day of September, 2001 Name 016cf 4rilSAV-1 71 Title SUBCRIBED AND SWORN to before me the day and year first above written. F y#�Oli B. 80 • •' Ci • SOT r •� Notary PuMc or (&t t) =DAHc- «� *? Residing at M G R I U 4N, t t Avs�.,*� My Commission Expires: �uNE Is. zco(. �� OF Ap- 60MMe%(-( L- T19 3u3b(VjSjotl