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HomeMy WebLinkAboutFinish Line Auto CUP-03-010 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT TO OBTAIN A DEALERS LICENSE AND SELL QUALITY USED CARS AND TRUCKS FOR FINISH LINE AUTOMOTIVE IN AN I-L ZONE, LOCATED AT 44 NORTHWEST 10TH STREET, MERIDIAN, IDAHO LYLE LEE KALLENBERGER, . APPLICANT C/C 05/13/03 ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-03-01O 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 May 6, 2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Plarmer ill for the Planning and Zoning Department, and Lyle Lee Kallenberger, 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 Plarming 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 16 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 May 6,2003, 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 ofthe 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 armouncements; and the matter having been duly considered by the City Council at the May 6, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the plarmingjurisdiction 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 forth in Idaho Code 967-6509, 6512, and Meridian City Code 99 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 I-L zone and by reason of the provisions of the Meridian City Code 911-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 44 Northwest lOth Street, Meridian, Idaho. 5. The owner of record of the subject property is Lyle Lee and Tanya Kallenberger, 2459 Falcon Lane, Caldwell, Idaho. 6. Applicant is the same as owner of record. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 16 7. The subject property is currently zoned I-L (Light Industrial). The zoning district ofI-L is defmed within the City of Meridian Zoning and Development Ordinance, Section 11-7- 2. 8. The proposed application requests a conditional use permit for an automobile sales lot to be known as Finish Line Automotive in an I-L zone. The I-L zoning designation is 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 proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as "Light Industrial". 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. The City Council recognizes the concerns of Clyde Steinbach, expressed in his letter dated March 17, 2003. 13. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 16 to mitigate the effects ofthe proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the plarmingjurisdiction of the City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Plarming and Zoning Commission as follows: 1. The temporary sales trailer shall be representative of the photograph submitted by the applicant with the CUP application. 2. The use of the temporary trailer shall be limited to two (2) years from the date of City Council approval. B. Adopt the Recommendations of the Plarming and Zoning and Engineering staff as follows: SITE SPECIFIC REOUIREMENTS 1. Parking: T he applicant has submitted a site p Ian that shows 7 parking spaces. MCC's parking regulations require that one parking space for customers is supplied for every three parking spaces for car sales. Staff recommends that the entrance to the proposed parking lot be reduced to 35' in width to help defme the entrance to the parking lot. The applicant will be required to provide two spaces for customer parking if five spaces are used for auto sales. No parking will be allowed in the vacant area to the east of the proposed parking lot; this area must also be posted ''No Parking." 2. Landscaoing: The south side of the subject property needs to be brought into compliance with current landscaping standards. The landscaping buffer needs to be 25' in width along the southern edge of the subject property. Trees should be placed every 35 feet along the southern perimeter ofthe subject property. The buffer shown on the landscaping plan for the eastern edge of the property is in compliance with landscaping requirements. A 5' vegetative buffer is required north ofthe existing asphalt driveway. No buffer is required along the western edge of the subject property. These revisions to the landscaping plan must be submitted ten days before the application goes to City Councilor the applicant must apply for a Variance from landscaping requirements when the application goes to City Council. 3. Existing Trees: The existing trees shall be protected during construction as noted on the proposed plan. 4. Handicao oarking: All handicapped spaces must be posted as well as marked. 5. Setbacks: The proposed structure is subject to all required setbacks ofthe I-L zone. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE40F 16 The submitted site plan appears to meet all ofthe required setbacks. 6. Water/sewer: The applicant will be required to hook the proposed office building up to city water and sewer. 7. Irrigation C anal: Applicant will be required to tile the irrigation canal running through the southwest corner of the subject property per section 12-4-13 ofMCC. 8. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. STANDARD REOUIREMENTS 1. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4.F. 2. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 3. 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. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 4. 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 right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4.C. 5. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 6. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 16 locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance (CZC). 7. Per Ordinance 11-17 -4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide a fire-flow per the Uniform Fire Code Appendix ill-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All roads shall have a turning radius of28' inside and 48' outside. 4. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 D. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: I. A Land Use Change/Site Application is required to be filedwith the irrigation district. 2. Any encroachments within the easement of the Eight Mile Lateral without approved plans and a signed license agreement is unacceptable. E. Adopt the Recommendations ofthe Sanitary Service as follows: 1. Waste services or enclosure services need to be provided for. F. Adopt the action of the Council from their May 13, 2003 meeting as follows: I. All conditions imposed on this application must be completed within eighteen (18) months as required by Meridian City Code; and the use of the sales lot must not begin until the conditions are fulfilled. Applicant carmot occupy the temporary sales office until a Certificate of Occupancy has been issued for that structure. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 16 2. The Applicant has only two years to use the temporary trailer as his temporary office building, and after the two year time period, the Applicant shall be required to have constructed a permanent office building on site to be used as the sales office. All applicable building codes then in effect will apply to the construction of the permanent building. 14. The submitted site plan does not meet the required landscaping standards. The southern edge of the property bordering Franklin Road is required to have a 25' vegetative buffer and the northern edge ofthe property is required to have a 5' vegetative buffer north of the existing asphalt driveway. The landscaping buffers on the western edge of the subject property meet the required standards. The applicant must either submit a revised site plan showing the required landscape buffer or apply for a Variance from the landscaping standards when the application. 15. The City of Meridian's zoning map shows the subject property as "Light Industrial." Car lots require a CUP in I-L zones according to the Zoning Schedule of Use Control. It is found that the proposed use and plan to be in Compliance with the Meridian Zoning Ordinance and the Comprehensive Plan, as long as the conditions ofthe staff report are met. 16. It is found that the proposed development will not adversely change the essential character of the general vicinity and will be harmonious with the intended character of the same area. 17. It is not anticipated that the revised project will have an adverse impact on other properties within the vicinity. 18. It is found that the revised development plans will be served adequately by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 16 essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. Sanitary sewer and water service lines will need to be extended into the subject lot at the owners expense. 19. That the proposed use 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. 20. It is found that the proposed use would not substantially increase traffic. 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 use. 21. It is found that the proposed use will not create significant interference with traffic on the surrounding public streets. The applicant has not proposed any new curb cuts onto existing streets. 22. It is found 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 by the 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 Plarming Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503). 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 Plarming and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 16 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 ofthe ordinance but allowed with conditions under the specific provisions ofthe 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 9 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, 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 ofthe 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 16 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 Light Industrial (I-L), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers ofrecord 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 9 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 Plarming and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion ofthe public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 9 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 16 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 Amended Comprehensive Plan ofthe City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 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 to obtain a Dealers License and sell quality used cars and trucks for Finish Line Automotive in an I-L zone located at 44 Northwest 10th Street, Meridian, Idaho, subject to the following conditions of use FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 16 and development, subject to the following: A. Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows: 1. The temporary sales trailer shall be representative ofthe photograph submitted by the applicant with the CUP application. 2. The use ofthe temporary trailer shall be limited to two (2) years from the date of City Council approval. B. Adopt the Recommendations of the Plarming and Zoning and Engineering staff as follows: SITE SPECIFIC REOUIREMENTS 1. Parking: T he applicant has submitted a site p Ian that shows 7 parking spaces. MCC's parking regulations require that one parking space for customers is supplied for every three parking spaces for car sales. Staff recommends that the entrance to the proposed parking lot be reduced to 35' in width to help define the entrance to the parking lot. The applicant will be required to provide two spaces for customer parking if five spaces are used for auto sales. No parking will be allowed in the vacant area to the east of the proposed parking lot; this area must also be posted "No Parking." 2. Landscaoing: The south side of the subject property needs to be brought into compliance with current landscaping standards. The landscaping buffer needs to be 25' in width along the southern edge of the subject property. Trees should be placed every 35 feet along the southern perimeter of the subject property. The buffer shown on the landscaping plan for the eastern edge of the property is in compliance with landscaping requirements. A 5' vegetative buffer is required north ofthe existing asphalt driveway. No buffer is required along the western edge of the subject property. These revisions to the landscaping plan must be submitted ten days before the application goes to City Councilor the applicant must apply for a Variance from landscaping requirements when the application goes to City Council. 3. Existing Trees: The existing trees shall be protected during construction as noted on the proposed plan. 4. Handicao oarking: All handicapped spaces must be posted as well as marked. 5. Setbacks: The proposed structure is subject to all required setbacks of the I-L zone. The submitted site plan appears to meet all of the required setbacks. 6. Waterlsewer: The applicant will be required to hook the proposed office building up to city water and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 16 7. Irrigation C anal: Applicant will be required to tile the irrigation canal running through the southwest corner of the subject property per section 12-4-13 ofMCC. 8. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. STANDARD REOUIREMENTS I. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4.F. 2. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 3. 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. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 4. 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 right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4.C. 5. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 6. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance (CZC). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 16 7. Per Ordinance 11-17 -4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. C. . Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. Provide a fire-flow per the Uniform Fire Code Appendix ill-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All roads shall have a turning radius of28' inside and 48' outside. 4. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 D. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: 1. A Land Use Change/Site Application is required to be filed with the irrigation district. 2. Any encroachments within the easement of the Eight Mile Lateral without approved plans and a signed license agreement is unacceptable. E. Adopt the Recommendations ofthe Sanitary Service as follows: I. Waste services or enclosure services need to be provided for. F. Adopt the action of the Council from their May 13, 2003 meeting as follows: 1. All conditions imposed on this application must be completed within eighteen (18) months as required by Meridian City Code; and the use of the sales lot must not begin until the conditions are fulfilled. Applicant carmot occupy the temporary sales office until a Certificate of Occupancy has been issued for that structure. 2. The Applicant has only two years to use the temporary trailer as his temporary 0 ffice building, and after the two year time period, the Applicant shall be required to have FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 16 constructed a permanent office building on site to be used as the sales office. All applicable building codes then in effect will apply to the construction of the permanent building. 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 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2. 7 f5" day of m~ ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED ~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE Mc CANDLESS VOTED ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 16 COUNCILMAN WILLIAM L.M. NARY VOTED ~ - MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: S-2-7-tJ3 VOTED MOTION: V APPROVED:~ DISAPPROVED: m -- , ______O..:""A-.....~:-<.-:(::~_ Attest: By:JA~A~/)- City Clerk Dated: Z:\Work\M\Meridian\Meridian I 5360M\Finish Line Automotive CUP-Q3-o10\FfCIsCUP03-010.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 16 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) LYLE KEE KALLENBERGER, FOR A ) CONDITIONAL USE PERMIT TO OBTAIN A ) DEALERS LICENSE AND SELL QUALITY USED ) CARS AND TRUCKS FOR FINISH LINE ) AUTOMOTIVE IN AN I-L ZONE, LOCATED AT 44 ) NORTHWEST 10TH STREET, MERIDIAN, IDAHO ) ) ) CIC 05-13-03 CASE NO. CUP-03-010 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 6th day of May, 2003, 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: I. That the Applicant, LYLE LEE KALLENBERGER, is granted a conditional use to obtain a Dealers License and sell quality used cars and trucks for Finish Line Automotive in an I-L zone, located at 44 Northwest 10th Street, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit to obtain a Dealers License and sell quality used cars and trucks for Finish Line Automotive in an I-L zone, located at 44 Northwest 10th Street, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Plarming and Zoning Commission as follows: I. The temporary sales trailer shall be representative of the photograph submitted by ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - LYLE LEE KALLENBERGER FOR FINISH LINE AUTOMOTIVE (CUP-03-010) PAGE 1 OF 5 the applicant with the CUP application. 2. The use ofthe temporary trailer shall be limited to two (2) years from the date of City Council approval. B. Adopt the Recommendations ofthe Plarming and Zoning and Engineering staff as follows: SITE SPECIFIC REOUIREMENTS 1. Parking: T he applicant has submitted a site p Ian that shows 7 parking spaces. MCC's parking regulations require that one parking space for customers is supplied for every three parking spaces for car sales. Staff recommends that the entrance to the proposed parking lot be reduced to 35' in width to help define the entrance to the parking lot. The applicant will be required to provide two spaces for customer parking if five spaces are used for auto sales. No parking will be allowed in the vacant area to the east of the proposed parking lot; this area must also be posted "No Parking." 2. Landscaoing: The south side of the subject property needs to be brought into compliance with current landscaping standards. The landscaping buffer needs to be 25' in width along the southern edge of the subject property. Trees should be placed every 35 feet along the southern perimeter ofthe subject property. The buffer shown on the landscaping plan for the eastern edge of the property is in compliance with landscaping requirements. A 5' vegetative buffer is required north of the existing asphalt driveway. No buffer is required along the western edge of the subject property. These revisions to the landscaping plan must be submitted ten days before the application goes to City Councilor the applicant must apply for a Variance from landscaping requirements when the application goes to City Council. 3. Existing Trees: The existing trees shall be protected during construction as noted on the proposed plan. 4. Handicao parking: All handicapped spaces must be posted as well as marked. 5. Setbacks: The proposed strncture is subject to all required setbacks of the I-L zone. The submitted site plan appears to meet all of the required setbacks. 6. Waterlsewer: The applicant will be required to hook the proposed office building up to city water and sewer. 7. Irrigation C anal: Applicant will be required to tile the irrigation canal running ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - LYLE LEE KALLENBERGER FOR FINISH LINE AUTOMOTIVE (CUP-03-010) PAGE 2 OF 5 through the southwest corner ofthe subject property per section 12-4-13 ofMCC. 8. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. STANDARD REOUIREMENTS 1. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4.F. 2. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 3. 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. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 4. 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 right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4.C. 5. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 6. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance (CZC). ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - LYLE LEE KALLENBERGER FOR FINISH LINE AUTOMOTIVE (CUP-03-010) PAGE 3 OF 5 7. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. C. Adopt the Recommendations ofthe Meridian Fire Department as follows: I. Provide a fire-flow per the Uniform Fire Code Appendix ill-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All roads shall have a turning radius of28' inside and 48' outside. 4. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. UFC 902.2.2.1 D. Adopt the Recommendations ofNampa & Meridian Irrigation District as follows: I. A Land Use Change/Site Application is required to be filed with the irrigation district. 2. Any encroachments within the easement of the Eight Mile Lateral without approved plans and a signed license agreement is unacceptable. E. Adopt the Recommendations of the Sanitary Service as follows: I. Waste services or enclosure services need to be provided for. F. Adopt the action ofthe Council from their May 13, 2003 meeting as follows: 1. All conditions imposed on this application must be completed within eighteen (18) months as required by Meridian City Code; and the use of the sales lot must not begin until the conditions are fulfilled. Applicant carmot occupy the temporary sales office until a Certificate of Occupancy has been issued for that structure. 2. The Applicant has only two years to use the temporary trailer as his temporary office building, and after the two year time, the Applicant shall be required to have ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - LYLE LEE KALLENBERGER FOR FINISH LINE AUTOMOTIVE (CUP-03-01O) PAGE 4 OF 5 constructed a permanent office building on site to be used as the sales office. All applicable building codes then in effect will apply to the construction of the permanent building. 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 the permit. By action of the City Council at its regular meeting held on the 27 qay of /J1~ 2003. ID (kA:>r. R\~9flrl.R,,~orrie, ,,"\~iM~'M.Meridian Attest.. ~~ ~" Y.4. "0\0 ;,o".A _"pO'" ,vv '-, ~ U' C.uV'. '~rf!:, -:. i ~ ~ ~ i ~ ~ i SEAL ~ BY:~d'~__:,6-~~ City Clerk . Dated: 5-28-&3 Z:\Work\M\Meridian\Meridian l5360M\Finish Line Automotive CUP-03-Q10\CUPOrder.doc ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - LYLE LEE KALLENBERGER FOR FINISH LINE AUTOMOTIVE (CUP-03-010) PAGE50F5