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HomeMy WebLinkAboutDesigning Team CUP 02-020 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PROFESSIONAL BEAUTY SALON IN AN R-tS ZONE FOR THE DESIGNING TEAM SALSON, LOCATED AT 1226 EAST 21/2 STREET, MERIDIAN, IDAHO THE DESIGNING TEAM, INC., APPLICANT C/C 09/03/02 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-020 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 September 3, 2002 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark of the Planning and Zoning Department, Peggy Gillaspy, and Michael B. Morrison, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 3, 2002, before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 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 September 3, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code S67-6509, 6512, and Meridian City Code SS 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 an R-15 zone and by reason of the provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 1226 East 2 1/2 Street, Meridian, Idaho. 5. The owners of record of the subject property are Calvin and Susan Reed, Meridian, Idaho. 6. Applicant is The Designing Team, Inc., Meridian, Idaho. 7. The subject property is currently zoned R-15. The zoning district ofR-15 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 8. The proposed application requests a conditional use permit for a professional beauty salon. The R-15 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian 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 II and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from. the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REOUlREMENTS 1. A detailed landscape plan shall be submitted when applying for a Certificate of Zoning Compliance. Landscaping plan shall include mitigation measures for any trees that are removed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 2. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D. 3. Hours of operation shall be limited to 8:00am-9:00pm. 4. Parking shall be provided in accordance with Meridian City Code unless variances are approved by the City Council. 5. Sanitary sewer and water assessments shall be evaluated during the remodel plan approval process to determine if additional assessments are warranted. GENERAL COMMENTS 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking lot, 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 Il-13-4C. 2. Provide signage 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 (3) days notice to the applicant. 3. Building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State ofIdaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 6. A Certificate of Zoning Compliance shall be obtained prior to applying for a building permit. 7. A building permit shall be obtained prior to the start of construction. 8. Certificate of Occupancy: All required improvements shall be complete prior to obtaining a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 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% ofthe 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. 9. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit shall be obtained prior to the start of development. Adopt the Recommendations and the Findings of Consideration of the ACHD as follows: Findinl!:s for Consideration 1. Right-of-Way District policy 7204.4.1 and Figure 72-FIA requires 54-feet of right-of-way on local commercial streets. This right-of-way allows for the construction of a 2-lane roadway with curb, gutter and 5-foot wide concrete sidewalk. Modification of Policy for dedication of additional right-of-way: 2 12 Street is a local/local commercial roadway. The remainder of the 212 Street is residential in nature. There are no development applications pending or any rezone applications for the remainder of 2 y, Street; therefore staff is recommending a modification of policy for the additional right-of-way dedication. The site is located approximately mid block. Staff does not foresee development patterns for 2 12 Street becoming predominately commercial in the near future. District policy 7204.4.1 and Figure 72-FlA requires 50-feet of right-of-way on local streets. This right-of-way allows for the construction of a 2-lane roadway with curb, gutter and 5-foot wide concrete sidewalk. 2. Sidewalk District policy requires 5-foot wide (minimum) concrete sidewalk on all local streets, except those in rural developments with net densities of one dwelling unit per acre or less (7204.4.7). The site plan submitted with the application is not to scale and does not indicate curb, gutter or sidewalk. District policy requires the applicant to constmct curb, gutter and sidewalk. Improvements shall be constructed to one-half of a 36- foot street section abutting the site. 3. Commercial Driveways District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of35-feet. Most commercial driveways will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 constructed as curb-cut type facilities if located on local streets. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. The site plan indicated utilizing the existing driveway (25-feet in width) located approximately 5-feet south of the northern property boundary line. The applicant is proposing an additional driveway (16-feet in width) located approximately 5-feet north of the southern property boundary line. The applicant should be required to utilize the existing curb cut driveway and construct the additional driveway as a curb cut also. The applicant should be required to pave both driveways to their full width and at least 30-feet into the site beyond the edge of pavement of 2 12 Street. Both driveways should not be more then 35-feet in width. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of 2 y, Street. and install pavement tapers with 15- foot radii abutting the existing roadway edge. Site Specific Conditions of Approval I. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on 2 y, Street abutting the parcel. Improvements shall be constructed to one-half of a 36-foot street section. 2. Utilize the existing curb cut driveway on 2 y, Street located 5-feet south of the north property line as proposed. The location of the existing driveway meets District policy and is approved with this application. The applicant shall be required to pave the driveway to its full-required width of25-feet and to a point 30-feet beyond the edge of pavement of 2 12 Street. 3. Construct a l6"foot wide curb cut driveway on 212 Street located 5-feet north of the south property line as proposed. The location of the proposed driveway meets District policy and is approved with this application. The applicant shall be required to pave the driveway to its full-required width of 16-feet and to a point 30-feet beyond the edge of pavement of2 12 Street. 4. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Constmction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building constmction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verifY all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Recommendations of the Sanitary Sewer as follows: 1. The waste enclosure shall be free of obstruction for access, waste receptacles may have to be placed at the curb on collection day for service on 2 1/2 Street. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance ofthe water supply for fire protection shall be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius for the internal road system. Adopt the Recommendations of the Central District Health Department as follows: 1. Run-off shall not create a mosquito breeding problem. 2. 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 ofthis project shall 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 guidelines are: State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environment Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. Adopt the action of the Planning and Zoning Department from their Thursday, August 1, 2002 meeting as follows: 1. The applicant shall be required to apply for a variance application pertaining to parking and driveway aisle width. 14. The applicant has proposed a new 16' wide driveway that will access a new FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 parking lot in the rear (east) of the existing house. The proposed parking stalls in the rear parking lot are 9'xI6', with a 22' wide driveway aisle to back up into. The Meridian City Code (MCC) requires a 25' wide driveway aisle and parking stall dimensions of9'xI9'. Additional parking is provided in the front of the building in the drive way and in the existing garage. There is no objection to the requested reduction of parking dimensions because the size limitations of the lot and the relatively small size of the proposed parking lot. The applicant has submitted a request for variance for the reduced driveway width, reduced drive aisle with, reduced parking stall length and reduced landscape setbacks. It is found that the site is large enough to accommodate the required landscaping, yards and other features required by the Zoning Ordinance. 15. The current Comprehensive Plan Land Use Map designates the property as "Existing Urban". It is found that the proposed use is in compliance with the Meridian Zoning Ordinance and the adopted Comprehensive Plan if the variances are approved. 16. It is found that the proposed beauty salon use will be compatible with other uses in the general neighborhood and with the intended character of the general vicinity, which is essentially a mix of commercial and residential uses. 17. It is not anticipated that the proposed uses will have an adverse affect on the other property in the vicinity if designed, constructed, operated and maintained in accordance with any conditions of approval and city ordinance (with some variances). 18. It is found that the proposed development will be adequately served by the essential public facilities and services, such as highways, street, police, fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 19. It is found that the proposed use would not create additional requirements at public cost for public facilities and service and will not be detrimental to the economic welfare of the community. 20. It is not anticipated that the proposed use will be detrimental to the general welfare of the community by means of increased traffic, noise, smoke fumes, glare or odors generated by the uses. 21. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. 22. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. 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 (LC. g67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Medium High Density Residential District (R-15), a public hearing shall be conducted with notice to be published and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 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 S 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 ofthe 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 S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development.is maintained property; E. Designate the exact location and nature of the development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 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 a professional beauty salon in an R-15 zone located at 1226 East 2 1/2 Street, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REOUIREMENTS I. A detailed landscape plan shall be submitted when applying for a Certificate of Zoning Compliance. Landscaping plan shall include mitigation measures for any trees that are removed. 2. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code ll-13-4.D. 3. Hours of operation shall be limited to 8:00am-9:00pm. 4. Parking shall be provided in accordance with Meridian City Code unless variances are approved by the City Council. 5. Sanitary sewer and water assessments shall be evaluated during the remodel plan approval process to determine if additional assessments are warranted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 GENERAL COMMENTS I. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking lot, 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. 2. Provide signage 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 (3) days notice to the applicant. 3. Building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State ofIdaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 6. A Certificate of Zoning Compliance shall be obtained prior to applying for a building permit. 7. A building permit shall be obtained prior to the start of construction. 8. 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. 9. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit shall be obtained prior to the start of development. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 Adopt the Recommendations and the Findings of Consideration of the ACHD as follows: Findings for Consideration I. Right-of-Way District policy 7204.4.1 and Figure 72-FIA requires 54-feet ofright-of"way on local commercial streets. This right-of-way allows for the construction of a 2-lane roadway with curb, gutter and 5-foot wide concrete sidewalk. Modification of Policy for dedication of additional right-of-way: 2 y, Street is a local/local commercial roadway. The remainder ofthe 2 12 Street is residential in nature. There are no development applications pending or any rezone applications for the remainder of 2 12 Street; therefore staff is recommending a modification of policy for the additional right-of-way dedication. The site is located approximately mid block. Staff does not foresee development patterns for 2 y, Street becoming predominately commercial in the near future. District policy 7204.4.1 and Figure 72-FIA requires 50-feet of right-of-way on local streets. This right-of-way allows for the construction of a 2-lane roadway with curb, gutter and 5-foot wide concrete sidewalk. 2. Sidewalk District policy requires 5-foot wide (minimum) concrete sidewalk on all local streets, except those in rural developments with net densities of one dwelling unit per acre or less (7204.4. 7). The site plan submitted with the application is not to scale and does not indicate curb, gutter or sidewalk. District policy requires the applicant to construct curb, gutter and sidewalk. Improvements shall be constructed to one-half of a 36-foot street section abutting the site. 3. Commercial Driveways District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 35-feet. Most commercial driveways will be constmcted as curb-cut type facilities iflocated on local streets. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. The site plan indicated utilizing the existing driveway (25-feet in width) located approximately 5-feet south of the northern property boundary line. The applicant is proposing an additional driveway (l6-feet in width) located approximately 5-feet north of the southern property boundary line. The applicant should be required to utilize the existing curb cut driveway and constmct the additional driveway as a curb cut also. The applicant should be required to pave both FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 driveways to their full width and at least 30- feet into the site beyond the edge of pavement of2 12 Street. Both driveways should not be more then 35-feet in width. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of2 12 Street. and install pavement tapers with 15- foot radii abutting the existing roadway edge. Site SDecific Conditions of ADDroval I. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on 2 y, Street abutting the parcel. Improvements shall be constructed to one-half of a 36-foot street section. 2. Utilize the existing curb cut driveway on 212 Street located 5-feet south of the north property line as proposed. The location of the existing driveway meets District policy and is approved with this application. The applicant shall be required to pave the driveway to its full-required width of25-feet and to a point 30-feet beyond the edge of pavement of2 y, Street. 3. Construct a 16-foot wide curb cut driveway on 212 Street located 5-feet north of the south property line as proposed. The location of the proposed driveway meets District policy and is approved with this application. The applicant shall be required to pave the driveway to its full-required width of 16-feet and to a point 30-feet beyond the edge of pavement of 2 12 Street. 4. Comply with all Standard Conditions of Approval. Standard Conditions of ApDroval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of constmction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Recommendations of the Sanitary Sewer as follows: I. The waste enclosure shall be free of obstmction for access, waste receptacles may have to be placed at the curb on collection day for service on 2 1/2 Street. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 2. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 3. Final approval ofthe fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius for the internal road system. Adopt the Recommendations ofthe Central District Health Department as follows: I. Run-off shall not create a mosquito breeding problem. 2. 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 ofthis project shall 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 guidelines are: State of Idaho Catalog of Storm water Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environment Quality, July 1997. Storm water Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. Adopt the action of the Planning and Zoning Department from their Thursday, August 1, 2002 meeting as follows: I. The applicant shall be required to apply for a variance application pertaining to parking and driveway aisle width. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code Sll-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 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 S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 1711- day of ~W~2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~K- COUNCILWOMAN TAMMY deWEERD VOTED-#IV VOTED ~ VOTED~ COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY - MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 9-/7---02- MOTION: J;P;p- APPROVED: DISAPPROVED: ",\l\1tlll"", ,\\\ fM' 111I Copy served upon Applicant, Planning and Zoning Department, Public Works ,,,"\-lO ERIDx"11111 D d h C. A ,,,,' c} W"". '1".-::- epart~e1 an t e llY. ttorney.i;' ~00 ~."'~o.Y % ~~'/~'5.~ Q Dated: -/#-V.z.-;.. ~ BY~ity Cle~ '<;7- (f' T Z:\Work\M\Meridian\Meridian 15360M\Designing Team rnc CUP02-020 V AR02-011\FfClsCUP02-020.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PROFESSIONAL BEAUTY SALON IN AN R-IS ZONE LOCATED AT 1226 EAST 2 1/2 STREET, MERIDIAN, IDAHO THE DESIGNING TEAM, INC. APPLICANT C/C 09/03/02 ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-020 ORDER GRANTING CONDITIONAL USE PERMIT I. This matter coming before the City Council on the September 3, 2002, under the provisions of Meridian City Code S 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 a professional beauty salon in an R-15 zone located at 1226 East 2 1/2 Street, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS 1. A detailed landscape plan shall be submitted when applying for a Certificate of Zoning Compliance. Landscaping plan shall include mitigation measures for any trees that are removed. ORDER CONDITIONAL USE PERMIT (CUP-02-020) - 1 2. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D. 3. Hours of operation shall be limited to 8:00am-9:00pm. 4. Parking shall be provided in accordance with Meridian City Code unless variances are approved by the City Council. 5. Sanitary sewer and water assessments shall be evaluated during the remodel plan approval process to determine if additional assessments are warranted. GENERAL COMMENTS 1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or located within the parking lot, 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 II-l3-4C. 2. Provide signage 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 (3) days notice to the applicant. 3. Building and site improvement construction shall conform to the requirements of the Americans with Disabilities Act. 4. Submit a drainage plan designed by a State ofIdaho licensed architect or engineer to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Stormwater treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 6. A Certificate of Zoning Compliance shall be obtained prior to applying for a building permit. 7. A building permit shall be obtained prior to the start of construction. ORDER CONDITIONAL USE PERMIT (CUP-02-020) -2 8. 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. 9. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timefrarne, a new conditional use permit shall be obtained prior to the start of development. Adopt the Recommendations and the Findings of Consideration of the ACHD as follows: Findinl!:s for Consideration I. Right-of-Way District policy 7204.4.1 and Figure 72-FIA requires 54-feet ofright-of-way on local commercial streets. This right-of-way allows for the construction ofa 2-lane roadway with curb, gutter and 5-foot wide concrete sidewalk. Modification of Policy for dedication of additional right-of-way: 2 12 Street is a local/local commercial roadway. The remainder of the 2 y, Street is residential in nature. There are no development applications pending or any rezone applications for the remainder of 2 y, Street; therefore staff is recommending a modification of policy for the additional right-of-way dedication. The site is located approximately mid block. Staff does not foresee development patterns for 2 y, Street becoming predominately commercial in the near future. District policy 7204.4.1 and Figure 72-F lA requires 50-feet of right-of-way on local streets. This right-of-way allows for the constmction of a 2-lane roadway with curb, gutter and 5-foot wide concrete sidewalk. 2. Sidewalk District policy requires 5-foot wide (minimum) concrete sidewalk on all local streets, except those in rural developments with net densities of one dwelling unit per acre or less (7204.4. 7). The site plan submitted with the application is not to scale and does not indicate curb, gutter or sidewalk. District policy requires the applicant to construct curb, gutter and sidewalk. Improvements shall be constructed to one-half of a 36-foot street section abutting the site. ORDER CONDITIONAL USE PERMIT (CUP-02-020) -3 3. Commercial Driveways District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of35-feet. Most commercial driveways will be constructed as curb-cut type facilities iflocated on local streets. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. The site plan indicated utilizing the existing driveway (25-feet in width) located approximately 5-feet south of the northern property boundary line. The applicant is proposing an additional driveway (16-feet in width) located approximately 5-feet north of the southern property boundary line. The applicant should be required to utilize the existing curb cut driveway and construct the additional driveway as a curb cut also. The applicant should be required to pave both driveways to their full width and at least 30-feet into the site beyond the edge of pavement of 2 y, Street. Both driveways should not be more then 35-feet in width. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of 2 12 Street. and install pavement tapers with 15- foot radii abutting the existing roadway edge. Site Specific Conditions of Approval I. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on 2 12 Street abutting the parcel. Improvements shall be constructed to one-half of a 36-foot street section. 2. Utilize the existing curb cut driveway on 2 y, Street located 5-feet south of the north property line as proposed. The location of the existing driveway meets District policy and is approved with this application. The applicant shall be required to pave the driveway to its full-required width of25-feet and to a point 30-feet beyond the edge of pavement of2 y, Street. 3. Construct a 16-foot wide curb cut driveway on 212 Street located 5-feet north ofthe south property line as proposed. The location ofthe proposed driveway meets District policy and is approved with this application. The applicant shall be required to pave the driveway to its full-required width of 16-feet and to a point 30-feet beyond the edge of pavement of 2 1/2 Street. 4. Comply with all Standard Conditions of Approval. ORDER CONDITIONAL USE PERMIT (CUP-02-020) -4 Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon ORDER CONDITIONAL USE PERMIT (CUP-02-020) -5 the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Adopt the Recommendations of the Sanitary Sewer as follows: 1. The waste enclosure shall be free of obstruction for access, waste receptacles may have to be placed at the curb on collection day for service on 2 1/2 Street. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire flow of 1,000 gallons per minute shall be available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. All radii shall be 28' inside and 48' outside radius for the internal road system. Adopt the Recommendations of the Central District Health Department as follows: I. Run-off shall not create a mosquito breeding problem. 2. 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 shall 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 guidelines are: State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environment Quality, July 1997. ORDER CONDITIONAL USE PERMIT (CUP-02-020) -6 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. Adopt the action of the Planning and Zoning Department from their Thursday, August 1, 2002 meeting as follows: 1. The applicant shall be required to apply for a variance application pertaining to parking and driveway aisle width. 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 S 11-17-8, a copy of which is attached to this permit. By action ofthe City Council at its regular meeting held on the /7 "1l- day of ~fe;.-.../~ ,2002. By~~g_ -~4~~ City Clerk Copy served upon Applicant, the Planning and Zoning Department, PublicW orks Department . "tltI,,,,,, and City Attorney. \\\\\'Of MF":?'" ....~,,\-o{ ~bt 11../........ ;,' c} l'\P0f1.1 '11- ~ ~ _....cP ~o ";. ~ ~ ~ - - - - - - - - - - - - - - Dated: 9'-/8-02- Z:\Work\M\Meridian\Meridian 15360M\Designing Team Jne CUP02.020 V AR02-011\OrderCUP02-020.doc ORDER CONDITIONAL USE PERMIT (CUP-02-020) -7