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Bobbys Transmission CUP 02-019 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CIC 09/17/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR AN OFFICE ) AND SHOP FOR TRANSMISSION ) REPAIR IN A CoG ZONE ) ) TREASURE VALLEY ENGINEERS, ) ) APPLICANT ) ) Case No. CUP-02-019 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 17, 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, Art Schultz, Lucy Lovill, and Larry Palmer, 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 17, 2002, before the City Council, the first publication appearing and written notice having been mailed to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 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 17, 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 CoG 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 250 feet south of Fairview Avenue, immediately south of Ultra Touch Car Wash, Meridian, Idaho. 5. The owners ofrecord ofthe subject property is Lamont Kouba, 835 E. Fairview, Meridian, Idaho. 6. Applicant is Treasure Valley Engineers, Inc., 1117 Caldwell Blvd., Nampa, Idaho. 7. The subject property is currently zoned CoG. The zoning district ofC-G 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 Applicant requests the Conditional Use Permit for construction of an office and shop for transmission service and repair. The CoG 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 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction ofthe City of Meridian, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REOUlREMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 1. All Arbor Vitae shrubs to be placed upon the property around the vehicle storage area should be at least four feet (4') in height, four feet on center. The buffer on the south side of the property should include trees. 2. No non-operational vehicles are to remain anywhere upon the lot for a period longer than thirty (30) days. 3. Construction and placement ofa 10' wide asphalt pathway, as called for in a memo from Tom Kuntz dated August 9, 2002, should be coordinated with the Meridian Parks and Recreation Department. 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 of rights- of-way. All parking lot lighting shall be in accordance with Ordinance ll-13-4.C. 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 will 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. Storm water treatment and disposal must be designed in accordance with Department ofEnvironmental 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 waters 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 sides by a solid wall or sight- obscuring fence at least four feet in height in accordance with Ordinance 11-12-l.C. Coordinate location and construction requirements with Sanitary Services, Inc. 6. Certificate of Occupancy: All required improvements must 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 must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 7. A Certificate of Zoning Compliance (CZC) and a building permit shall be obtained prior to the start of construction. A detailed landscape plan, prepared by a licensed landscape architect or other landscape professional, shall be submitted with the CZC application. 8. 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 must be obtained prior to the start of development. Site Specific Conditions of Approval 1. The following conditions of the annexation ordinance for the subject property (#736) shall be complied with as a condition ofthis CUP. a. Connect to Meridian water and sewer services b. Development of the property shall be subject to and controlled by the Zoning Ordinances, the Subdivision and Development Ordinance, and the Meridian Comprehensive Plan, adopted January 4, 1994. c. Enter into a Development Agreement with the City (see #2 below). d. These conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. e. The Applicant shall meet the requirements and conditions ofthe Findings of Fact and Conclusions of Law. . .and the property be developed as a commercial planned development or under the CUP process. The Applicant may obtain a copy ofItem "e" above from the City Clerk's Office. The primary items in the Findings of Fact and Conclusions of Law that impact the subject development are listed in #19 (pg 22 and 23). 2. The property ownerlapplicant shall contact the City Clerk to initiate the process of finalizing the Development Agreement (DA) which was required by Annexation Ordinance No. 736. A signed and recorded copy of the DA must be completed prior to issuance of a Certificate of Zoning Compliance for the subject application. The DA shall address, among other things, the fourteen (14) items listed in #12, pg. 18, of the Findings of Fact and Conclusions of Law for the Annexation. 3. To comply with Ordinance 12-13-12, the Applicant shall provide a twenty-five (25) foot buffer on the north side ofthe existing access road and a twenty (20) foot buffer to the west boundary, from the south property line north approximately 130 feet. The P&Z Commission recommends a portion of the existing sewer access road be permitted to include within the twenty-five (25) foot buffer along the south property line. A minimum fourteen (14) foot wide new landscape buffer shall be added between the sewer access road and the vehicle storage area. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 4. Comply with Ordinance 12-13-14-2, Design Guidelines for Stormwater Areas, in the detailed design of the storm pond shown in the southwest corner. Submit details with the Certificate of Zoning Compliance application. 5. All parking and areas of circulation shall be improved with a hard surface in accordance with Ordinance ll-13-4.D. The Site Plan shall be revised to show the vehicle storage area as a hard surface to comply with this ordinance. Slats or other screening shall be added to the chainlink fence on the south side adjacent to residences. 6. The unimproved area on the western 120 feet of the parcel shall be maintained free of weeds over eight (8) inches in height or other fire hazards and shall not be used for storage of any materials. 7. The hours of operation of the transmission shop and any noise or vibration-generating equipment shall be limited to those hours presented by the Applicant, which are Monday through Friday, 8:00 am to 8:00 pm, with the exception of emergencies or nonchargeable personal repairs. 8. Staff recommends any use of the subject property for used car sales be restricted to a maximum of five (5) vehicles displayed at anyone time. No off-premise used car sales signage will be permitted. None of the required twenty-one (21) parking spaces may be used as a sales display area for vehicles. A separate area must be used. 9. The Applicant shall contact the Parks & Recreation Director to determine if any portion of the future Five Mile Creek pathway will impact the subject property. If so, submit a revised Site Plan that reflects any improvements required by the Parks & Recreation Department. 10. In accordance with Ordinance 12-4-l0.B., the proposed barbed wire fencing around the storage area shall be a minimum of seventy-two inches (72") above grade to the bottom wire. 11. Sanitary sewer and water service to this parcel shall be via service lines from existing main lines adjacent to the site. 12. A minimum 2-inch caliper tree shall be planted within the parking lot island shown on the west side of the building. The landscaped area within this planter must be at least 50 square feet in area, inside of the curbing. Standard Conditions of Approval- Ada County Highway District 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. 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 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 ofthe subject property unless a waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 Adopt the Recommendations of the Sanitary Sewer as follows: 1. Enclosure location and size are good. Gate needs to be expanded to a minimum of 10' clearance inside of the gate posts for access. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire flow as required by the Uniform Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 3. All radii shall be 28' inside and 48' outside radius. 4. A 20' wide fire lane shall be available for access to the building. 5. The proposed building and use shall comply with the 1997 Uniform Fire Code and applicable National Fire Protection Association Standards. Adopt the Recommendations of the Central District Health Department as follows: 1. 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. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows: 1. The Nampa & Meridian Irrigation District's Fivemile Drain courses through the southwest corner of the above-mentioned proposed project. Any encroachments will require approved plans and a signed License Agreement. 2. Any storm drainage leaving the site or returning into the Fivemile Drain will require a Land Use ChangelSite Application. Adopt the recommendations ofthe Meridian Parks & Recreation Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 1. We need a 10' wide asphalt path adjacent to the east side of5-mile Creek as part ofthe Bobby's Transmission Conditional Use Permit. The pathway could be constructed over the top of the 20' sewer easement and should be the length of sewer line. 13. 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. 14. It is found that the proposed office and shop for transmission repair 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. 15. 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). 16. 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. 17. 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. 18. 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. 19. It is found that the proposed use will not create significant interference with any FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 traffic on the surrounding public streets. 20. 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 (I.C. S67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the" Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements ofthis Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; 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 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 ofthe 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDmONAL USE PERMIT - 11 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 S 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions ofthat 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDmONAL USE PERMIT - 12 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 an office and shop for transmission service and repair located 250 feet south ofFairview Avenue, immediately south of Ultra Touch Car Wash, 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 REOUlREMENTS 1. All Arbor Vitae shrubs to be placed upon the property around the vehicle storage area should be at least four feet (4') in height, four feet on center. The buffer on the south side of the property should include trees. 2. No non-operational vehicles are to remain anywhere upon the lot for a period longer than thirty (30) days. 3. Construction and placement ofa 10' wide asphalt pathway, as called for in a memo from Tom Kuntz dated August 9, 2002, should be coordinated with the Meridian Parks and Recreation Department. 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 of rights-of-way. All parking lot lighting shall be in accordance with Ordinance ll-13-4.C. 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 will 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 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 waters 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 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. 6. Certificate of Occupancy: All required improvements must 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 must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 7. A Certificate of Zoning Compliance (CZC) and a building permit shall be obtained prior to the start of construction. A detailed landscape plan, prepared by a licensed landscape architect or other landscape professional, shall be submitted with the CZC application. 8. 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 must be obtained prior to the start of development. Site Specific Conditions of Approval 2. The following conditions of the annexation ordinance for the subject property (#736) shall be complied with as a condition of this CUP. a. Connect to Meridian water and sewer services b. Development of the property shall be subject to and controlled by the Zoning Ordinances, the Subdivision and Development Ordinance, and the Meridian Comprehensive Plan, adopted January 4, 1994. c. Enter into a Development Agreement with the City (see #2 below). d. These conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. e. The Applicant shall meet the requirements and conditions of the Findings of Fact and Conclusions of Law. . . and the property be developed as a commercial planned development or under the CUP process. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -14 The Applicant may obtain a copy ofItem "e" above from the City Clerk's Office. The primary items in the Findings of Fact and Conclusions of Law that impact the subject development are listed in #19 (pg 22 and 23). 2. The property ownerlapplicant shall contact the City Clerk to initiate the process of finalizing the Development Agreement (DA) which was required by Annexation Ordinance No. 736. A signed and recorded copy of the DA must be completed prior to issuance of a Certificate of Zoning Compliance for the subject application. The DA shall address, among other things, the fourteen (14) items listed in #12, pg. 18, of the Findings of Fact and Conclusions of Law for the Annexation. 3. To comply with Ordinance 12-13-12, the Applicant shall provide a twenty-five (25) foot buffer on the north side of the existing access road and a twenty (20) foot buffer to the west boundary, from the south property line north approximately 130 feet. The P&Z Commission recommends a portion of the existing sewer access road be permitted to include within the twenty- five (25) foot buffer along the south property line. A minimum fourteen (14) foot wide neW landscape buffer shall be added between the sewer access road and the vehicle storage area. 4. Comply with Ordinance 12-13-14-2, Design Guidelines for Stormwater Areas, in the detailed design of the storm pond shown in the southwest corner. Submit details with the Certificate of Zoning Compliance application. 5. All parking and areas of circulation shall be improved with a hard surface in accordance with Ordinance ll-13-4.D. The Site Plan shall be revised to show the vehicle storage area as a hard surface to comply with this ordinance. Slats or other screening shall be added to the chainlink fence on the south side adjacent to residences. 6. The unimproved area on the western 120 feet ofthe parcel shall be maintained free of weeds over eight (8) inches in height or other fire hazards and shall not be used for storage of any materials. 7. The hours of operation of the transmission shop and any noise or vibration-generating equipment shall be limited to those hours presented by the Applicant, which are Monday through Friday, 8:00 am to 8:00 pm, with the exception of emergencies or nonchargeable personal repairs. 8. Staff recommends any use of the subject property for used car sales be restricted to a maximum of five (5) vehicles displayed at anyone time. No off-premise used car sales signage will be permitted. None of the required twenty-one (21) parking spaces may be used as a sales display area for vehicles. A separate area must be used. 9. The Applicant shall contact the Parks & Recreation Director to determine if any portion of the future Five Mile Creek pathway will impact the subject property. If so, submit a revised Site Plan that reflects any improvements required by the Parks & Recreation Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 10. In accordance with Ordinance l2-4-10.B., the proposed barbed wire fencing around the storage area shall be a minimum of seventy-two inches (72") above grade to the bottom wire. 11. Sanitary sewer and water service to this parcel shall be via service lines from existing main lines adjacent to the site. 12. A minimum 2-inch caliper tree shall be planted within the parking lot island shown on the west side of the building. The landscaped area within this planter must be at least 50 square feet in area, inside of the curbing. Standard Conditions of Approval- Ada County Highway District 12. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 13. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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 DIGLlNE (1-800-342-1585) at least two full business days FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 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. 21. 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 ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 22. 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 waiverlvariance 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. Enclosure location and size are good. Gate needs to be expanded to a minimum of 10' clearance inside of the gate posts for access. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire flow as required by the Uniform Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350' apart. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 3. All radii shall be 28' inside and 48' outside radius. 4. A 20' wide fire lane shall be available for access to the building. 5. The proposed building and use shall comply with the 1997 Uniform Fire Code and applicable National Fire Protection Association Standards. Adopt the Recommendations of the Central District Health Department as follows: 1. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The Nampa & Meridian Irrigation District's Fivemile Drain courses through the southwest corner of the above-mentioned proposed project. Any encroachments will require approved plans and a signed License Agreement. 2. Any storm drainage leaving the site or returning into the Fivemile Drain will require a Land Use Change/Site Application. Adopt the recommendations of the Meridian Parks & Recreation Department as follows: 1. We need a 10' wide asphalt path adjacent to the east side of 5-mile Creek as part of the Bobby's Transmission Conditional Use Permit. The pathway could be constructed over the top of the 20' sewer easement and should be the length of sewer line. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code S 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action ofthe 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDffiONAL USE PERMIT - 18 By action of the City Council at its regular meeting held on the !~9 day of Om /;h, ,2002. ROLL CALL: COUNCILMAN KEITH BIRD VOTED $4....-- COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE Mc CANDLESS VOTED k"-- COUNCILMAN WILLIAM L.M. NARY VOTED ~ - MAYOR ROBERT D. CORRIE (Till BREAKER) VOTED DATED: /0-/-02- c MOTION: ~ APPROVED: DISAPPROVED: Z:\WocklMlMeridianlMeridian 15360MIBOBBY'S TRANSMISSION CUP02-019\Fft:lsCUP02-019.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 CIC 09/17/02 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR AN OFFICE ) AND SHOP FOR TRANSMISSION ) REPAIR IN A CoG ZONE ) ) TREASURE VALLEY ENGINEERS, ) ) APPLICANT ) ) Case No. CUP-02-019 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the September 17, 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 construction of an office and shop for transmission service and repair located 250 feet south of Fairview Avenue, immediately south of Ultra Touch Car Wash, 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 REOUlREMENTS 1. All Arbor Vitae shrubs to be placed upon the property around the vehicle storage area should be at least four feet (4') in height, four feet on center. The buffer on the south side of the property should include trees. ORDER CONDITIONAL USE PERMIT (CUP-02-019) - 1 2. No non-operational vehicles are to remain anywhere upon the lot for a period longer than thirty (30) days. 3. Construction and placement ofa 10' wide asphalt pathway, as called for in a memo from Tom Kuntz dated August 9, 2002, should be coordinated with the Meridian Parks and Recreation Department. 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 of rights- of-way. All parking lot lighting shall be in accordance with Ordinance ll-13-4.C. 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 will 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. 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 waters 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 sides by a solid wall or sight- obscuring fence at least four feet in height in accordance with Ordinance ll-12-1.C. Coordinate location and construction requirements with Sanitary Services, Inc. 6. Certificate of Occupancy: All required improvements must 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 must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. ORDER CONDITIONAL USE PERMIT (CUP-02-019) -2 7. A Certificate of Zoning Compliance (CZC) and a building permit shall be obtained prior to the start of construction. A detailed landscape plan, prepared by a licensed landscape architect or other landscape professional, shall be submitted with the CZC application. 8. 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 must be obtained prior to the start of development. Site Specific Conditions of Approval 1. The following conditions of the annexation ordinance for the subject property (#736) shall be complied with as a condition of this CUP. a. Connect to Meridian water and sewer services b. Development of the property shall be subject to and controlled by the Zoning Ordinances, the Subdivision and Development Ordinance, and the Meridian Comprehensive Plan, adopted January 4, 1994. c. Enter into a Development Agreement with the City (see #2 below). d. These conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. e. The Applicant shall meet the requirements and conditions of the Findings of Fact and Conclusions of Law. . . and the property be developed as a commercial planned development or under the CUP process. The Applicant may obtain a copy ofItem "e" above from the City Clerk's Office. The primary items in the Findings of Fact and Conclusions of Law that impact the subject development are listed in #19 (pg 22 and 23). 2. The property ownerlapplicant shall contact the City Clerk to initiate the process of finalizing the Development Agreement (DA) which was required by Annexation Ordinance No. 736. A signed and recorded copy of the DA must be completed prior to issuance of a Certificate of Zoning Compliance for the subject application. The DA shall address, among other things, the fourteen (14) items listed in #12, pg. 18, ofthe Findings of Fact and Conclusions of Law for the Annexation. 3. To comply with Ordinance 12-13-12, the Applicant shall provide a twenty-five (25) foot buffer on the north side of the existing access road and a twenty (20) foot buffer to the west boundary, from the south property line north approximately 130 feet. The P&Z Commission recommends a portion of the existing sewer access road be permitted to include within the twenty-five (25) foot buffer along the south property line. A minimum fourteen (14) foot wide new landscape buffer shall be added between the sewer access road and the vehicle storage area. ORDER CONDITIONAL USE PERMIT (CUP-02-019) -3 4. Comply with Ordinance 12-13-14-2, Design Guidelines for Stormwater Areas, in the detailed design of the storm pond shown in the southwest corner. Submit details with the Certificate of Zoning Compliance application. 5. All parking and areas of circulation shall be improved with a hard surface in accordance with Ordinance ll-13-4.D. The Site Plan shall be revised to show the vehicle storage area as a hard surface to comply with this ordinance. Slats or other screening shall be added to the chainlink fence on the south side adj acent to residences. 6. The unimproved area on the western 120 feet of the parcel shall be maintained free of weeds over eight (8) inches in height or other fire hazards and shall not be used for storage of any materials. 7. The hours of operation of the transmission shop and any noise or vibration-generating equipment shall be limited to those hours presented by the Applicant, which are Monday through Friday, 8:00 am to 8:00 pm, with the exception of emergencies or nonchargeable personal repairs. 8. Staff recommends any use of the subject property for used car sales be restricted to a maximum of five (5) vehicles displayed at anyone time. No off-premise used car sales signage will be permitted. None of the required twenty-one (21) parking spaces maybe used as a sales display area for vehicles. A separate area must be used. 9. . The Applicant shall contact the Parks & Recreation Director to determine if any portion of the future Five Mile Creek pathway will impact the subject property. If so, submit a revised Site Plan that reflects any improvements required by the Parks & Recreation Department. 10. In accordance with Ordinance l2-4-1O.B., the proposed barbed wire fencing around the storage area shall be a minimum of seventy-two inches (72") above grade to the bottom wire. 1 L Sanitary sewer and water service to this parcel shall be via service lines from existing main lines adjacent to the site. 12. A minimum 2-inch caliper tree shall be planted within the parking lot island shown on the west side ofthe building. The landscaped area within this planter must be at least 50 square feet in area, inside ofthe curbing. Standard Conditions of Approval- Ada County Highway District 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. ORDER CONDITIONAL USE PERMIT (CUP-02-019) -4 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 ofthe 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. 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 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 ORDER CONDITIONAL USE PERMIT (CUP-02-019) -5 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. Enclosure location and size are good. Gate needs to be expanded to a minimum of 10' clearance inside of the gate posts for access. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire flow as required by the Uniform Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of350' apart. 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 3. All radii shall be 28' inside and 48' outside radius. 4. A 20' wide fire lane shall be available for access to the building. 5. The proposed building and use shall comply with the 1997 Uniform Fire Code and applicable National Fire Protection Association Standards. Adopt the Recommendations of the Central District Health Department as follows: 1. 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 marJagement practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. The Nampa & Meridian Irrigation District's Fivemile Drain courses through the southwest corner of the above-mentioned proposed project. Any encroachments will require approved plans and a signed License Agreement. 2. Any storm drainage leaving the site or returning into the Fivemile Drain will require a Land Use Change/Site Application. ORDER CONDITIONAL USE PERMIT (CUP-02-019) -6 Adopt the recommendations ofthe Meridian Parks & Recreation Department as follows: 1. We need a 10' wide asphalt path adjacent to the east side of 5-mile Creek as part of the Bobby's Transmission Conditional Use Permit. The pathway could be constructed over the top of the 20' sewer easement and should be the length of sewer line. 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 of the City Council at its regular meeting held on the />'9 day of tPch~ ,2002. ~r;/fJ,~~~ Robert D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. BJ~,ft~~ City Clerk Dated: / tJ - 2 - tJ 2- cm\Z:\Work\MIMeridianIMeridian I 5360M\BOBBY'S TRANSMISSION CUPOZ-Q19\OrderCUPOZ-OI9.doc ORDER CONDITIONAL USE PERMIT (CUP-02-019) -7