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HomeMy WebLinkAboutCommercial Tire Sub TE 02-007 MAYOR Robert D. Corrie cU'crldiYf4 \ ~ IDAHO . ~ ~ j ~. ,? v ' ! ~I:&~ LEGAL DEPARTMENT (208) 288.2499 . Fax 288.250] PARKS & RECREATION (208 88843579 . Fax 898-550 I PUBLIC WORKS (208) 898.5500 'Fax 887.]297 BUILDING DEPARTMENT (208) 887.22] 1 . Fax 887.1297 PLANNING AND ZON]NG (208) 884.5533 . Fax 888.6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: . Will Berg, City Clerk, by: January 2, 2003 Transmittal Date: December 9,2002 Hearing Date: January 7, 2003 File No.: TE 02-007 Request: Request for Time Extension on Final Plat approval and approval of Conditional Use Permit for Commercial Tire Subdivision By: Pinnacle Engineers, Inc. Location of Property or Project: Southwest comer of S. Meridian Road and Eight Mile Lateral Meridian School District (NoFP) Meridian Post Office (FPIPPon/y) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District IdahoPower Co. (FPlPPon/y) U.S. West (FPlPPon/y) Intermountain Gas(FPlPPon/y) Bureau of Reclamation (FPIPPon/y) Idaho Transportation Department (HoFP) Ada County (AZ only) David Zaremba, P/Z (No VAil, VAC. FP) Jerry Centers, P/Z (No VAR. VAC. FP) Leslie Mathes, P/Z' (No VAR. VAC. FP) Michael Rohm, P/Z (NoVAR, VAC,FP) Keith Borup, P/Z (Ho VAIl, VACo FP) Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAIl, VAC, FP) Building Department Your Concise Remarks: Fire Department Police Department City Attomey City Engineer City Planner Parks Department 33 EAST IDAHO. MERIDIAN. IDAHO 83642 (208) 888-4433' Fax (208) 887.4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 288.1193 I'; ;'1 - '-I, " ~ ' ii_' PINNACLE IDeOl,. . , ~" "'~~o?-~d~i ~ " , ' , .. "", ' ..: " 1"- " - -:_"', ,'" ,; ,',,) :- ' -- ---, i-- ,__ '" - " " - :- t.o;Brad Ha'wkins-Clark, Iiltenm,Direct\lf ,. MeridjafillPlanning Depiu-tment. . , 660 E. WatertQ\Ver, Suitb 202 '- \ ') Meridian, JD 8364~ .' , \ . , Date: , . D,ecember3,,2002 .. :1, ' - I I' , , - _' , 'i ' SchwenkfelderTire Subdivision', ",.. " ,. ,.' -;- "-'..I " ;-,', ,. "",..,:, - ,,',: \,' Time extension on commencing construction and recording the Jinal plat"', Timl extension for com~letingthe C,onditiohal Use Permit .. ' ." ,',,-': ,'\, , -' " " Re:, D((aIC Brad: i\ - -' ' ' "', ',- " , ,-', - - ' " .-," " ' _: '," , .on behalf of ProfessionalConstrudofs, l~c', (Kurt Kroll), I:amsubmitting an application' to allow for <l time eX(eIYiion fOf co~encirigconstruction 'imd r~c()tding of theSchwenkfeldf(f Tire Subdivision Final Plat ,with the associated Cohditional Use!Pennit. The site is located west of. Meridian Road and south of the EightMile Drain: The ,final plat and conditional useperrpit W;lS . ~ppI'oved by th~ Meridian CitYCol!l]cil on December 04, 200LPer .ordmance' Section 12-3'-8 the approval oJ; th9firuil plat will become void if the am~lic~t fails tl) record the plat within one year, of; Council approval, Also, Section 11-17A sl.?eCitles that,coriditiollal us<; permit must commence , ,~thindghteeh months of Council app~oval. Provisi0ns'are,grantedfortime extensions lIJ1der both of th,eafpremehtipned' .ordinanSe Sections. ,Therl;1fore; the i, timyextension request is being subn'ritted prior to the 'expiratjonof the; 'final plilt.appI'9,val ~d .conditional use p~it approval (December 94, 2002). ' Tire/final plat consists of a single lot on}.'i4 acres ~th a,C-G(GeneralCommercjal}zoning designation" The conditiqruil use permit consists ofa ;W,OOO sq.'ft: building fiJr a retail tire ,store , . ' , ' - I",' _' I' ,', , and autpn1otiverepairs. ! " ,. (I ' '-,," , I - ,-' - i - , '" , J "~,' , ,_ - .. , ' , .- : _ " _ " _ ',_, ,I' " . Apte-application meeting was held with Meridian.staff ~n Jwy03, 2001. At the pre-aPB meeting J\1eridtan st,aff indiqlted!that Peoowoqd Sl- must be e)ctended furough the site arid conne9t with Meriqian Rd.. Additionally, AdilCourityHighw~y District(ACHD) staff required the extension pf Pennwood St along the southerly .boun'dliry of the site: TheACHD required extension of . . Pennwood St. included right-of-way dediCation and street improvements (asphalt, curb,gljttyt, aad ,. .sidewillk).Sub~equently, ACHD staffdetetmjned' tb.at the .Pennwood St.., exteusion to :Meridian. Rd.. '.. !' . was,. uot reqljired and posed traffic concerns. i metwifu,ACHD staff'o~February 5, 200+ and was' inform~d th!ltACHDdidnot wiwtthePennwpod Stextension, Meetings were heldbetweell . Meridian: staffand1CHDsUfff regarding the Petlnwood St.eXtensioll BCT<?SS ~he site.. Meridian. staff required the extension ofPeIihWood St.even 'vitb. ACIID staff not ,supporting the extension. '-' " , ",'" '_ -', ',: ,\ ,- ',_ f - '_ , " _' ,_ " "As anoutconie from these meetings, on February'.19, 2002, ACHD staff reduced the ,amount of , :,"1 _.'" "': 'r , - _, ''-', ''-.,\_, ',', .., right-of-way 'that was r~quired(I'!lI1IjwqodSt.) ftorri41:.feetto 3l-feet:. Additionally, ACHp 1,-' , " ' .' '12552 W. EXECliTIVE DRIVE,SUITE B . BOISE, lDAHO 83713' (208) ,887-7760' FAX (208~887-7781 :- --" : , ' ,.'" I' I, , '\ __' ,_ r C016216 Meridian time extension ltr-120302 ' " " ~I' ':,/, " "f-' ,-- "'I ,'i' ':\ indicated that they wO\lld negotiate with the developer for the reimbursement for the costs be'yol1d ... improving ~. 2(i-foot street section where the street widens at the, west-end of the property toinatch , " - " " - ' I, ' 1- ", -'," I "', I . tl1~ existing Pe~wood&righ\,-Qf;)-Vay west ()ftpesite. ...., ..' .,..... ..... .... / _',','-" ',_ ',- i', ': _ " :i _, " r "i' _\'1' ", i :':_', _ ' .'1,' ,I, Due to the :Various chanaing ~equi~e~ents relat~d to the PennwoodSt. extension, the developer has spent' srtbstanti~ timereviewinglhe impacts ..of the hg\1t-of-way changes (0 dIe site layout and '. '. proJect ,costs. 'Meridianpil): staffniqui~ement tb~xtend~ennwood St., create~ a hardship for..the 1 . prqject. .The projeqt has been hampered, by the,varipllS meetings, modifidations, and negotiations ,assbciated with the pennwdodSt. extensi~n..AtPre~e~t,thedevel(lper is. in the.process of qbtaining agreement~th ACHD JorthePen'nwood Street improvementsandright-Qf-way pri6r to cOIIlplencing .construCtion .andfinalizing tlwpiat. . The developer intends to have thesubdivisjon ,aridrelaled Co~ercial Tire Store completed. Within th,~neXtyeiir: . . .. . . "I I,'" ",- " \ i,' " "',', , . - - '.' - "_,, \, " , '- -. , ' ' : : ,",' 1 \, , , '- .' ~, '", , : ,\ -, -- - - " ; Jfyou havean'yquestiohs orcoll1ITlentsregarding thi~matter, please call me. ~t(208) 887~7760 o~ . yia email atclintb@pinnacie-engineers.com. .' 1 , . Sincerely, ,II 1.,1--' " ... Clinton Boyl CP I _ ", ,UndUse Pl!inper ',' be: " '1,1- , Kurt KfullPCI, , . .' " __', \, ,I , '" ,,' Bob SchwenkfeJder, Conui1ercial Tire File#CO~6216, . 'I: " i ,,-I' " '",:,' 'i, I, , 'I .' ,I, i ," , ',I :! ,',( ,:j " ,', I -',I' ,', ',,' : ! , '1;11 \/' 1'\ " "', \',1 I " ' " ", , 1 co i 6216 Meridian ti'me extension 1tr, 1203~2 '~ c ,~ , ~ . t;} , '\\ Q, \'\ ' -~ -.: , ~ , " ": I ( --J ~ X ~ \:3 ~ ~ i " ~ui~ j(M ~l'~ 0- .~:g c~ L~ ,0 '~ .~~~ ~ --. M QJ ~ ;.::: ::;; ~ , '\ ; ~ ~ . 0 . ~ "'00 en E 00 '<:t '" OJ> '<:t .S1 Q) c. -0 M c. '0 <( <( 0 , , 4066 PINNACLE ENGINEERS, INC. 12552 WEST EXECUTIVE DR., SUITE B BOISE, 10 83713 PH. (20B) 887.7760 WASHINGTON MUTUAL BANK MERIDIAN BUSINESS BANKING CENTER #3148 19-7076.325<l CHECK DAT~ecember 3, 2002 PAY One Hundred and 00/100 Dollars AMOUNT $100.00 TO City of Meridian "0000' 0"" ." 15 0 '0 ,"0" q >SO s,.f!#.,{Q ""..___.___..__._____.__...1!! FILE CDPY BEFORE THE MERIDIAN CITY COUNCIL ClC 12/18/0 I IN THE MATTER OF THE ) APPLICATION OF PINNACLE ) ENGINEERS, INC" FOR ) APPROVAL OF FINAL PLAT ) FOR COMMERCIAL TIRE, ) LOCATED AT SOUTH ) MERIDIAN ROAD AND SOUTH ) OF THE EIGHT MILE ) LATERAL, MERIDIAN, IDAHO ) ) CASE NO. FP-OI-022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code 9 12-3-7 on December 18, 200 I, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Bruce Freckleton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, listing 3 General Comments and 10 Site Specific Comments, which are herein found fair and reasonable, and at the December 18, 2001 meeting, Shari Stiles, Planning and Zoning Administrator, and Meridian Fire Chief, Kenny Bowers, appeared and testified at the hearing, and Clint Boyle appeared and testified on behalf of the applicant, and no one appeared in opposition, and the Council having ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COMMERCIAL TIRE (FP-OI-022) - I considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Plat of "COMMERCIAL TIRE SUBDIVISION" as evidenced in Final Plat bearing the "FINAL PLAT FOR COMMERCIAL TIRE SUBDIVISION, A PORTION OF THE SE V4 OF THE NE 1/4 OF SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN ADA COUNTY, IDAHO 2002, DRAWING NO. COI6216_FPDWG, SHEET 1 OF 2, HAND WRITTEN DATE: 20 NOY 01, PINNACLE ENGINEERS, INC.", Pinnacle Engineers, Inc., Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, dated December 13,2001, listing 3 General Comments and 10 Site Specific Comments, a true and correct copies are attached hereto marked Exhibit "A", and consisting of three pages, and by this reference incorporated herein, with the additional requirements as follows, to-wit: 1.1 Pursuant to action taken by the Council at their December 18, 2001, meeting, number 6 on page 20f the Site Specific Comments of the staff comments, attached hereto as Exhibit "A", shall be revised and shall read as follows: Site Specific Comments: ORDER OF CONDITIONAL APPROY AL OF FINAL PLAT FOR COMMERCIAL TIRE (FP-OI-022) - 2 6. "Street signs are to be in place, the water system shall be approved and activated, a temporary construction fence to help keep debris out of the ditch, and a road base shall be in place so emergency vehicles can access the back of the property of the lot, and which road base shall be approved by the Ada County Highway District, all of which must be completed before a building permit may be obtained. It shall not be necessary to have the pressurized irrigation system approved and activated, drainage lots constructed, or the perimeter fencing installed, prior to applying for the building permit. All development improvements shall be installed and approved prior to obtaining certificates of occupancy. The final plat shall be recorded prior to issuance of a certificate of occupancy. A letter of credit or cash surety in the amount of I IO% will be required for all fencing, pathways, landscaping, pressurized irrigation, sanitary sewer, water, etc. prior to signature on the final plat." 1.2 Deputy Fire Chief, Joseph Silva, requires the following: a. That a fire-flow consistent with the 1997 Uniform Fire Code for the type and size of the building being proposed. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A b, Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3. c, Acceptance of the water supply for fire protection shall be by the Meridian Water Department, d. Final approval of the fire hydrant locations shall be by the Meridian Water Department, e. All radii shall be 28' inside and 48' outside radius. f. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section I I03.2.4 of the UFC. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COMMERCIAL TIRE (FP-OI-022) -3 g. The roadways shall be built to Ada County Highway Standards. UFC 902.2,1 h. The tire storage practices shall be consistent to those allowed by the 1997 Uniform Fire Code for High Hazard Commodities. i. Outside storage of tires shall comply with 1997 UFC 1l03.3.6. 1.3 Comply with the Central District Health Department's Environmental Health Division on the Final Plat dated 12/6/01. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The Plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on- site improvements. /BI!: day of By action of the City Council at its regular meeting held on the Meel'1'-~ ,2002. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR COMMERCIAL TIRE (FP-OI-022) -4 Copy served upon Applicant, the Planning and Zoning Department and the Public vVorks Department. By .-JI dk;.,/)-~, fL City Clerk Dated: /- 9-rJ 2- ORDER OF CONDITIONAL APPROV Ai OF FINAL PLAT FOR COMMERCIAL TIRE (FP-OI-022) - 5 ,~{ .~.",,' CITY::=~::IDE&S ;~\.. Ron~\JldeGOn .\L \.~'-"1' ..\ l..rt)od l)lal.:C ro uye L.i:.\..i-\LUt.P.-lli.!).L.l::.:."'T (:08) ~SS-:-l-')9 . Fu ~8B-:.sOl CITY OF lvlERIDIAN K.oith Bird T;unny de \~eerd Gene McC.mdless 33 EAST IDAHO J\.IE.IUDL-I.J.'\i, IDAHO 83642 (:08) 888-+133. FA.,{(Jl8) 887-1813 Gry God< Ollic. Fax (:08) 8l1ll-l118 PL llLlC WORKS BL1LDlNG DEP,IRThIENf (:D8) 887-~11' F.u 8a7-1~'J7 RECEIVED PUNNING ~D ZONING DEP.'Jn1~"lT (lI8) 88-!-;5J3 . E..'( 888";8;+ MEMORANDUM: DEe 1 4 2001 December 13, 2001 To: City Of Meridian Mayor and City Council City Clerk Office Bruce Freckleton, Assistant to City Engineer ~ -=:::..<. Shari Stiles, Planning & Zoning Administrator From: Re: Request for Final Plat Approval of a One-lot Subdivision on 2.44 Acres of Land, Consisting of a Single Lot on 1.89 Acres with tbe Balance oftbe Land Being Dedicated as Public Right-of-way in a CoG Zone by Pinnacle Engineers (File No. FP-Ol-022). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY Pinnacle Engineers, on behalf of Commercial Tire, has requested Final Plat approval of a one-lot subdivision on 2.44 acres ofland. The proposed subdivision would combine four existing lots into one 1.89-acre lot, with the remainder ofthe land being dedicated as public right-of-way. Pennwood Street will be extended from Meridian Road to match the Pennwood Street right-of-way on the western boundary of the property, The applicants have received a Conditional Use Permit and Preliminary Plat approval from the City of Meridian for the construction of a 20,000-square-foot retail sales and automotive repair building. The proposed building will house eight automotive service bays, two alignment bays, and a covered ~ck canopy capable of housing two large tucks or R V, 's, in addition to office, warehouse and waiting areas. The pre-engineered steel building has a metal root; pre-finished metal siding and painted masomy block. LOCATION & SURROUNDING USES The subject property is located on the west side of Meridian Road and just south of the Eight Mile Lateral, It is generally located at the southwest comer of the intersection of Gem Avenue and Meridian Road. The property is currently zoned CoG. The following uses surround the subject property: North -lohn's Car Care, zoned CoG. FP-I1I~22 Commetcial T~o FP !Jl.h ;6;1 "f) II I 013 ~>.'>'. IF"'" ... Planning & Zoning Commission/Mayor & City Council December 13,2001 Page 2 South - Apartment buildings, zoned R-15 and R-40. East -Vacant land, zoned CoG. West -Vacant land, zoned CoG. SITE SPECIFIC COM1<fENTS 1. Sanitary sewer and water service to this site shall be via extensions from existing main lines adjacent to the property. 2. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. 3. All parking shall be retained on-site for all buildings and businesses within the subdivision. 4. Please revise plat note #6 to read: .. . elevation ofhetise structura/footings shall... 5. Applicant's engineer will be required to submit a signed, stamped statement certifYing that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 6. Street sigAs an to b~ ill fllaee, 1lI'l1ter system shall toe arrtll"ea 3Ila aGWllItecl, preSSlirized imgatial\ system appreveEl aIIti aeti>.'lltecl, Elfl!iBege lets eonstll:leted, perimeter fcaamg iRstallcd, lIBEl reall hase 8I'pl'tl. etI by me NIl Cg~' Highway DistriGt prier t8 8I'plying fgr mHldi..o I''''u';~, All development improvements shall be installed and approved prior to obtaining certificates of occupancy, The final plat shall be recorded prior to issuance of a. certificate of occupancy. A letter of credit or cash surety in the amount of 11 0010 will be required for all fencing, pathways, > landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the fina1 plat. . 7. All parking and areas of circulation shall be paved, striped, and meet minimum dimension requirements and number of stalls as per City Ordinance, Handicapped parking must meet the standards of the Americans with Disabilities Act. - g. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication, "Catalog of Storm Water Best Management Practices for Idaho Cities and Counties" and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for liling all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells on the final plat. FP.()!.()11 Commercial Tito.FP E),h,'hil "A" ~ oF.3 ,~ ,. Planning & Zoning Commission/Mayor & City Council December 13, 2001 Page 3 9. Assessment fees for water and sewer service are detennined during the building plan review process. 10. Staff's failure to cite specific ordinance provisions ortenns of the approved preliminary plat does not relieve Applicant of responsibility for compliance. GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517 . Wells may be used for 000- domestic purposes such as landscape irrigation. 3. Please submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, lot and block numbering. Make any corrections necessary to conform. RECOMMENDATION Staff recommends approval of this application, with the aforell!entioned conditions. FP-<llJl22 EJeJ,./hil "fJ" .3 of 3ommerci>JT~FP BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11-20-01 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A TIRE ) FACILITY AND RETAIL STORE ) IN A C.G ZONE FOR ) COMMERCIAL TIRE ) SUBDIVISION, LOCATED ) WEST OF SOUTH MERIDIAN ) ROAD AND SOUTH OF THE ) EIGHT MILE LATERAL, ) MERIDIAN, IDAHO ) ) PINNACLE ENGINEERS, INC., ) APPLICANT ) ) Case No, CUP-OI-031 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on November 20, 2001, at the hour of 6:30 p,m" at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and David McKinnon, Plannerfor the Planning and Zoning Department, appeared and testified, and appearing and testifying on behalf of the Applicant was Clint Boyle, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - I 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 pem1it was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 20,2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the November 20,2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence, 2, There has been compliance with all notice and hearing requirements set FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 fonh in Idaho Code ~6 7 -6509, 6512, and Meridian City Code 99 11-15-5 and 11-17- 5 as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed with the staff repon. 3. This proposed development request is in a CoG zone and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The propeny is located west of South Meridian Road and south of the Eight Mile Lateral, Meridian, Idaho. 5. The owner of record of the subject propeny are John and Bonnie Schenkfelder, L.P, of Meridian, Idaho. 6. Applicant is Pinnacle Engineers, Inc., of Boise, Idaho. 7. The subject property is currently zoned CoG. The zoning district of C- G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for the C-G zone for a tire facility and retail store, The 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). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. II. 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 Planning and Zoning and Engineering staff as follows: 1. Landscaping shall be installed as submitted on the site plan. One FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 additional conifer tree shall be added to the northeastern side of the parking lot area to provide additional sound buffering for the adjacent apartments. Additional trees and/or landscaping shall be installed to the northeasterly boundary of the property, Three copies of detailed landscape plans and irrigation performance specifications shall be required prior to the issuance of a Certificate of Zoning Compliance. 2. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-l3A.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance 11-13-4.F, 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 4, A building permit may be issued for the construction of the proposed .commercial Tire building prior to the final plat recording of the subdivision. No occupancy for the building shall be permitted prior to final plat completion. This condition shall be subject to approval by the Public Works Department and the Meridian Fire Department, 5. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits, Temporary or portable signs shall be prohibited, and shall be removed upon three days notice to the applicant. 6. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 7. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approvaL The applicant is responsible for filing all necessary applications with the Idaho Depanment of vVater Resources regarding Shallow Injection Wells. 8. Trash: The trash enclosure shall be enclosed on at least three sides bv a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 9. Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Cenificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any temporary occupancy shall not exceed 60 days to complete the required improvements. 10. Sanitary sewer and water service to this site shall be provided via existing facilities. 11, A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the stan of construction. 12, The hours of operation shall be between 7:30a.m. and 6:00 p.m., Monday through Saturday, with no operation on Sunday. 13. Applicant shall comply with all conditions stated in the Preliminary Plat approval PP-OI-018 recommended which includes the Meridian Fire Department, ACHD and Central District Health Department. Applicant shall comply with the requirement from the action taken by the City Council at their November 20,2001 meeting as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 14. Applicant shall landscape the nonheast corner of the property, which will be located next to the adjacent apartment building, and shall provide a buffer for noise. The landscaping shall consist of additional shrubs and trees along with the two existing evergreen trees already existing along that northeast corner. Additionally, the landscaping shall be approved by the Planning and Zoning Department. 13. The proposed uses within the subject application will not be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance, however, the Plan is currently under review and this area is being considered for some commercial designation. which then would be harmonious because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Existing Urban". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses, 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT. 7 17. The uses proposed 'within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, propeny or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the propeny. CONCLUSIONS OF LAW I. 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 $67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho . Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code, 3. As pan of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 which the City of Meridian has done in the adoption of its zoning ordinances. 4, The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing suPPOrtS the finding that the following standards are met and that the proposed development: (Meridian City Code S 11-17- 3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d, Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; . h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 5. Prior to granting a conditional use permit in the General Retail and Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code 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 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 ,vith Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code S 11-17-6) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G, Require more restrictive standards than those generally required, in this Ordinance, 8, The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21,1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for the CoG zone for a tire facility and retail store, located west of South Meridian Road FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 and south of the Eight Mile Latera!, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 1. Landscaping shall be installed as submitted on the site plan. One additional conifer tree shall be added to the northeastern side of the parking lot area to provide additional sound buffering for the adjacent apartments. Additional trees and/or landscaping shall be installed to the northeasterly boundary of the property. Three copies of detailed landscape plans and irrigation performance specifications shall be required prior to the issuance of a Certificate of Zoning Compliance. 2. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code I 1-13-4.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance 11-13- 4.F. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 4, A building permit may be issued for the construction of the proposed Commercial Tire building prior to the final plat recording of the subdivision, No occupancy for the building shall be permitted prior to final plat completion. This condition shall be subject to approval by the Public Works Department and the Meridian Fire Department. 5. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon three days notice to the applicant. 6. All construction and site improvements shall conform to the requirements FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 of the Americans with Disabilities Act. j. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Stom1 vVater Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approvaL The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. Trash: The trash enclosure shall be enclosed on at least three sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 9, Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any temporary occupancy shall not exceed 60 days to complete the required improvements. 1O.Sanitary sewer and water service to this site shall be provided via existing facilities. I I.A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 12.The hours of operation shall be between 7:30 a.m. and 6:00 p.m., Monday through Saturday, with no operation on Sunday. 13.Applicant shall comply with all conditions stated in the Preliminary Plat FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT. 13 approval PP-O 1-0 I 8 recommended which includes the Meridian Fire Department, ACHD and Central District Health Department. Applicant shall comply with the requirement from the action taken by the City Council at their November 20,2001 meeting as follows: 14.Applicant shall landscape the northeast comer of the property, which will be located ne:xt to the adjacent apartment building, and shall provide a buffer for noise. The landscaping shall consist of additional shrubs and trees along with the two existing evergreen trees already existing along that northeast comer. Additionally, the landscaping shall be approved by the Planning and Zoning Department. 2. The conditions shall be reviewable by the Council pursuant to Meridian CityCodes11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 or denial of the conditional use pem1it 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 4~ day of bece/11tu'L-, 2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED~ VOTED~ VOTED~ COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS Iv1AYOR ROBERT D. CORRIE (TIE BREAKER) DATED: /2--4---0/ VOTED fI:::-- VOTED MOTION: ~ ~ APPROVE . BISAPPROVED: By:dld&-:-p~, ~ City Clerk Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. \""''''o'''~r'''~';I::'.!::':''.'i' ..\~, IVi s.:''::';" '''~'. .t' ~..... "~!..#. -.'~r" Dated: /2 -+_{) 1(' {} ',/'Ofl'DiI.1~~'11j" Z:\Work\IVNVteridian\Meridian I 5360lVt\Commerdal Tire Sub PPO t-Q [8\FfClsCUPO 1"'()31 final.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 BEFORE THE CITY COUNCIL OF THE CITY OF MERlDIAN C/C 11/20/01 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A TIRE ) . FACILITY AND RETAIL STORE ) IN A CoG ZONE FOR ) COMMERCIAL TIRE ) SUBDIVISION, LOCATED ) WEST OF SOUTH MERlDIAN ) ROAD AND SOUTH OF THE ) EIGHT MILE LATERAL, ) MERlDIAN, IDAHO ) ) PINNACLE ENGINEERS, INC., ) ) APPLICANT ) ) Case No, CUP-01-031 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 20th day of November, 2001. 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 the C- G zone for a tire facility and retail store, located west of South Meridian Road and ORDER CONDITIONAL USE PERMIT (CUP-OI-031 ) - 1 south of the Eight Mile Lateral, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: I. Landscaping shall be installed as submitted on the site plan. One additional conifer tree shall be added to the northeastern side of the parking lot area to provide additional sound buffering for the adjacent apartments. Additional trees and/or landscaping shall be installed to the northeasterly boundary of the property. Three copies of detailed landscape plans and irrigation performance specifications shall be required prior to the issuance of a Certificate of Zoning Compliance. 2. All parking and areas of circulation shall be improved vvith a hard surface in accordance with Meridian City Code 11-13-4,D, and shall be installed and striped in accordance with the submitted site plan and Ordinance 11-13- 4,F. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 4. A building permit may be issued for the construction of the proposed Commercial Tire building prior to the final plat recording of the subdivision. No occupancy for the building shall be permitted prior to final plat completion, This condition shall be subject to approval by the Public Works Department and the Meridian Fire Department. 5. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon three days notice to the applicant, I 6. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. ORDER CONDITIONAL USE PERMIT (CUP-Ol-03l) - 2 7. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be. submitted to the City Engineer (Ord. 557,10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications vvith the Idaho Department of Water Resources regarding Shallow Injection Wells. 8. Trash: The trash enclosure shall be enclosed on at least three sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance ll-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 9, Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any temporary occupancy shall not exceed 60 days to complete the required improvements. 10. Sanitary sewer and water service to this site shall be provided via existing facilities, 11,A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 12.The hours of operation shall be between 7;30 a.m. and 6;00 p.m., Monday through Saturday, with no operation on Sunday. 13.Applicant shall comply with all conditions stated in the Preliminary Plat approval PP-O 1-0 18 recommended which includes the Meridian Fire Department, ACHD and Central District Health Department. ORDER CONDITIONAL USE PERMIT (CUP-Ol-031) - 3 Applicant shall comply with the requirement from the action taken by the City Council at their November 20,2001 meeting as follows: 14.Applicant shall landscape the nonheast corner of the property, which will be located next to the adjacent apartment building, and shall provide a buffer for noise. The landscaping shall consist of additional shrubs and trees along with the two existing evergreen trees already existing along that northeast comer. Additionally, the landscaping shall be approved by the Planning and Zoning Department. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code 9 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 MClj?v~ 4f!::.. day of ,2001. D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ,>,'<':f0fME~~" B~P~,9-- Dated: /2--4-CJ( ,/<<y Ofl.1./'~'1'V~\ City Clerk .~.. ~p. ~ T" _ ....,u""lJ.I, :.: IINPA NTS40 PDa5ERVER ZlWorklMlMeridianlMeridian I 5360MlCommercial Tire Sub PP01,08110r 1i!P,01.03 I.doc <4!;,' .' ,.-g - - - :. \.~ ';;J" ~ ORDER CONDITIONAL USE PERMIT \7<'-1 '~of.~/ (CUP-OI.031)"'!~~""