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HomeMy WebLinkAboutFred Meyer's Gas Station CUP-01-005BEFORE THE CITY COUNCIL OF THE iCITY OF MERIDIAN C/C 05-15-01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A GASOLINE FACILITY CONSISTING OF A 3,612 SQUARE-FOOT CANOPY OVER 5 MULTI-PRODUCT DISPENSERS, CASHIER'S KIOSK AND PARKING LOT IMPROVEMENTS IN A C-G ZONE FOR FRED MEYER STORES, INC., LOCATED AT 1850 EAST FAIRVIEW AVENUE, MERIDIAN, IDAHO DAI(.OTA COMPANY, INC. APPLICANT Case No. CUP-O1-005 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 1, 2001, and tabled until May 15, 2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and Larry Durkin of the Dakota Company, Inc., appeared and testified on behalf of the Applicant, and no one appeared in opposition, and the City Council having duly considered the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-005) i 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 May 1, 2001, and continued until May 15, 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 botmdaries 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 May 1, 2001, and continued until May 15, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-005) 2 opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17- 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an C-G zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 1850 E. Fairview, Meridian, Idaho. 5. The owner of record of the subject property is Fred Meyer Stores, Inc. of Portland, Oregon. 6. Applicant is Dakota Company, Inc. of Boise, Idaho. 7. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for construction of a Fred Meyer Gasoline Facility consisting of a 3,612 sq. ft. canopy over 5 multi-product dispensers, cashier's kiosk and parking lot improvements. The C-G zoning designation within the City of Meridian Zoning and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-005) 3 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 cormnent 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 th~ planning jurisdiction of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-005) 4 City of Meridian subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 12.1 12.2 12.3 12.4 12.5 12.6 Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-spedfic requirements. Paving and striping shall be in accordance with the standards set forth in Sections I 1-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13 -4. C. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All construction and site improvements shall conform to the requirements of the/~nericans with Disabilities Act. Signage: A) Free-Standing: No new free-standing signs have been proposed under subject application, and none are approved. B) Canopy: Item A. on Sheet C2 calls out a "New 3'-0" x 13'-0" electronic reader board price sign", details for this sign are also detailed on sheet A3 as number 10. Also proposed are "Fred Meyer" I.D. canopy signs on the North and South elevations. No canopy signs are proposed for the east or west elevations. c) General Terms: All signage is subject to design review and shall require separate permits, Portable or temporary signs shall be specifically prohibited. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-O 1-005) 12.7 12.8 12.9 Parking: Minimum Required Parking: The existing parking lot has 913 parking spaces according to sheet C1, and the proposed facility shall reduce the number of parking spaces by 40, leaving 873 parking stalls on site. The Fred Meyer retail store is 172,163 square feet in size, requiring 861 parking spaces per City Ordinance requiring 1 parking stall per 200 square feet of gross retail area. The number of parking stalls indicated on the site plan (873) exceeds the City's minimum parking requirements (861). Dimensions of all parking stalls and drive aisles on proposed Site Plan conform to the minimum dimensions required by code. The Applicant is proposing a re-design of five (5) existing angled parking rows between the McDonald's drive entrance and the eastern parking lot entrance. The redesigned parking lot meets the minimum parking design and dimension standards as listed in Meridian City Code 11-13-4.F. Landscaping: The Preliminary Landscape Plan, Sheet PL1, proposes to remove 2 of the existing landscape islands located in the middle the existing parking rows within the project area. However, the re-design of the parking and landscaping rows incorporates new end islands and one new mid-row planter. The changes shall result in the addition of 17 trees and numerous shrubs in the project area of the parldng lot. All new trees shall be a minimum of two-inch (2") caliper, per City Ordinance 12-13-7-4, not the 1.5" caliper shown on Sheet PL1. Meridian City Code 12-13-7 prohibits the use of the red maples (Acer Rubrum) as a landscaping tree within a parking lot. The applicant shall find another variety of tree to replace the proposed red maples prior to the approval of the Certificate of Zoning Compliance (CZC). Irrigation: An underground, pressurized irrigation system shall be installed to all landscaped areas. Performance specifications shall be required prior to approval of the CZC. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-005) 6 12.10 12.11 Lighting: The canopy lighting shall be down shielded or shrouded so as to shield the traffic on Fairview Avenue from direct light or additional glare on the roadway. Drainage: A proposed site drainage plan shall be approved by the City Public Works Department prior to construction. 12.12 Trash: No new outdoor trash areas are proposed on Sheet Cl. If the Applicant intends to have any new trash enclosures other than standard cans, they shall be screened from view and not be visible by the public or from adjacent properties. 12.13 Hours of operation: the hours of operation shall be from 7:00 a.m. to 11:00 p.m. 12.14 Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy for the fuel ldosk and facility. 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. 12.15 Sanitary sewer and water service to this site shall be provided via existing lines adjacent to the site. 12.16 In accordance with City Ordinance I 1-13-4.B.2., underground year- round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. Adopt the Recommendations of the Meridian Fire Department as follows: 12.17 Applicants shall satisfy all fire code requirements including those pertaining to water supply and fire hydrants to the satisfaction of all FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-OI-O05) 7 departments. Adopt the Recommendations of the Central District Health Dept as follows: 12.18 Run-off is not to create a mosquito breeding problem. 12.19 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 12.20 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 12.21 The easement of the Welch Drain shall be protected and all storm drainage shall be retained on site. Adopt the Recommendations of the ACHD as follows: 12.22 The ACHD Commission shall not hear this project unless the site plan is changed in such a manner as to require Commission review. No new access points have been proposed and none are approved. 12.23 ACHD policy requires before any improvements of any ldnd are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements shall be obtained. 12.24 All future design plans 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 in writing by the District. Additionally, at the City Council meeting held on May 15,2001, Council FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-005) 8 requires the following: 12.25 That the project shall be moved 40' west of the submitted planned site. 13. The proposed uses within the subiect application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13. I The subject property is designated on the "Generalized Land Use Map" as "Mixed/Planned Use Development". 14. The uses proposed within the subject application subiect 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. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-O05) 9 production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. {}67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is othezwise 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-O05) 10 granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 1 I-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; uses; Will not be hazardous or disturbing to existing or future neighboring 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. 5. Prior to granting a conditional use permit in the General Retail and Service Commercial District (C-G), a public heating shall be conducted with notice to be published and provided to property owners or purchasers of record within three FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-O05) 11 hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. 'Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Cormnission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-O05) 12 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 construction of a Fred Meyer Gasoline Facility consisting of a 3,612 sq. ff. canopy over 5 multi-product dispensers, cashier's kiosk and parking lot improvements in an C-G zone located at 1850 East Fairview Avenue, Meridian, Idaho, subject to the following conditions of use and development: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-O1-005) 13 Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.2 1.2 1.3 1.4 1.5 1.6 Off-street patting shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. Signage: A) Free-Standing: No new free-standing signs have been proposed under subject application, and none are approved. B) Canopy: ItemA. on Sheet C2 calls out a "New 3'-0" x 13'-0" electronic reader board price sign", details for this sign are also detailed on sheet A3 as number 10. Also proposed are "Fred Meyer" I.D. canopy signs on the North and South elevations. No canopy signs are proposed for the east or west elevations. c) General Terms: All signage is subject to design review and shall require separate permits. Portable or temporary signs shall be specifically prohibited. Parking: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-O 1-005) 14 1.7 1.8 1.9 1.10 A) Minimum Required Parking: The existing parking lot has 913 parking spaces according to sheet C1, and the proposed facility shall reduce the number of parking spaces by 40, leaving 873 parking stalls on site. The Fred Meyer retail store is 172,163 square feet in size, requiring 861 parking spaces per City Ordinance requiring 1 parking stall per 200 square feet of gross retail area. The number of parking stalls indicated on the site plan (873) exceeds the City's minimum parking requirements (861). Dimensions of all parking stalls and drive aisles on proposed Site Plan conform to the minimum dimensions required by code. The Applicant is proposing a re-design of five (5) existing angled parking rows between the McDonald's drive entrance and the eastern parking lot entrance. The redesigned parking lot meets the minimum parking design and dimension standards as listed in Meridian City Code 11-13-4.F. Landscaping: The Preliminary Landscape Plan, Sheet PL1, proposes to remove 2 of the existing landscape islands located in the middle the existing parking rows within the project area. However, the re-design of the parking and landscaping rows incorporates new end islands and one new mid-row planter. The changes shall result in the addition of 17 trees and numerous shrubs in the project area of the parking lot. All new trees shall be a minimum of two-inch (2") caliper, per City Ordinance 12-13-7-4, not the 1.5" caliper shown on Sheet PL1. Meridian City Code 12-13-7 prohibits the use of the red maples (Acer Rubrum) as a landscaping tree within a parking lot. The applicant shall find another variety of tree to replace the proposed red maples prior to the approval of the Certificate of Zoning Compliance (CZC). Irrigation: An underground, pressurized irrigation system shall be installed to all landscaped areas. Performance specifications shall be required prior to approval of the CZC. Lighting: The canopy lighting shall be down shielded or shrouded so as to shield the traffic on Fairview Avenue from direct light or additional glare on the roadway. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-005) 15 1.11 Drainage: A proposed site drainage plan shall be approved by the City Public Works Department prior to construction. 1.12 Trash: No new outdoor trash areas are proposed on Sheet C1. If the Applicant intends to have any new trash enclosures other than standard cans, they shall be screened from view and not be visible by the public or from adiacent properties. 1.13 Hours of operation: the hours of operation shall be from 7:00 a.m. to 11 ~00 p.m. 1.14 Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy for the fuel kiosk and facility. 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. 1.15 Sanitary sewer and water service to this site shall be provided via existing lines adjacent to the site. 1.16 In accordance with City Ordinance 11-13-4.B.2., underground year- round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. Adopt the Recommendations of the Meridian Fire Department as follows: 1.17 Applicants shall satisfy all fire code requirements including those pertaining to water supply and fire hydrants to the satisfaction of all departments. Adopt the Recommendations of the Central District Health Dept as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-O 1-005) 16 1.18 Run-off is not to create a mosquito breeding problem. 1.19 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.20 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1.21 The easement of the Welch Drain shall be protected and all storm drainage shall be retained on site. Adopt the Recommendations of the ACHD as follows: 1.22 The ACHD Commission shall not hear this project unless the site plan is changed in such a manner as to require Commission review. No new access points have been proposed and none are approved. 1.23 ACHD policy requires before any improvements of any kind are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements shall be obtained. 1.24 All future design plans 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 m~less specifically waived in writing by the District. Additionally, at the City Council meeting held on May 15,2001, Council requires the following: 1.25 That the project shall be moved 40' west of the submitted planned site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-005) 17 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval Of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City 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 § 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 -~/-~"'~ day of ,2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-005) 18 COUNCILMAN ICEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED VOTED VOTED MAYOR ROBERT O. CORRIE (TIE BREAKER) DATED: ~-- ~--a/' VOTED MOTION: DISAPPROVED~ Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By. -' : Dated: ~ '~70~ f N~PA ~S40 PD~ER~Work~efi~efi~ 15360~red M~ C~I-005~fCIsC~01~0~O~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-005) 19 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05/15/01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A GASOLINE FACILITY CONSISTING OF A 3,612 SQUARE-FOOT CANOPY OVER 5 MULTI-PRODUCT DISPENSERS, CASHIER'S KIOSK AND PARKING LOT IMPROVEMENTS IN A C-G ZONE FOR FRED MEYER STORES, INC, LOCATED AT 1850 EAST FAIRVIEW AVENUE, MERIDIAN, IDAHO DAKOTA COMPANY, INC. APPLICANT Case No. CUP-01-005 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 15th day of May, 2001, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for construction of a Fred Meyer Gasoline Facility consisting of a 3,612 sq. ft. canopy ORDER CONDITIONAL USE PERMIT - 1 PLANNED DEVELOPMENT BY DAKOTA COMPANY, INC., / CUP-01-005 over 5 multi-product dispensers, cashier's kiosk and parking lot improvements in an C-G zone located at 1850 East Fairivew Avenue, Meridian, Idaho, subject to the following condirions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 2.1 Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 2.4 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 2.5 All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 2.6 Signage: A) Free-Standing: No new free-standing signs have been proposed under subiect application, and none are approved. B) Canopy: Item A. on Sheet C2 calls out a "New 3'-0" x 13'-0" electronic reader board price sign", details for this sign are also detailed on sheet A3 as number 10. Also proposed are "Fred Meyer" I.D. canopy signs on the North and South elevations. No canopy signs are proposed for the east or west elevations. C) General Terms: All signage is subject to design review and shall ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY DAKOTA COMPANY, INC., / CUP-01-005 -2 2.7 2.8 2.9 require separate permits. Portable or temporary signs shall be specifically prohibited. Parking: A) Minimum Required Parking: The existing parking lot has 913 parking spaces according to sheet C 1, and the proposed facility shall reduce the number of parking spaces by 40, leaving 873 parking stalls on site. The Fred Meyer retail store is 172,163 square feet in size, requiring 861 parking spaces per City Ordinance requiring 1 parking stall per 200 square feet of gross retail area. The number of parking stalls indicated on the site plan (873) exceeds the City's minimum parking requirements (861). Dimensions of all parking stalls and drive aisles on proposed Site Plan conform to the minimum dimensions required by code. The Applicant is proposing a re-design of five (5) existing angled parking rows between the McDonald's drive entrance and the eastern parking lot entrance. The redesigned parking lot meets the minimum parking design and dimension standards as listed in Meridian City Code 11-13-4.F. Landscaping: The Preliminary Landscape Plan, Sheet PL1, proposes to remove 2 of the existing landscape islands located in the middle the existing paridng rows within the proiect area. However, the re-design of the parking and landscaping rows incorporates new end islands and one new mid-row planter. The changes shall result in the addition of 17 trees and numerous shrubs in the project area of the parking lot. All new trees shall be a minimum of two-inch (2") caliper, per City Ordinance 12-13-7-4, not the 1.5" caliper shown on Sheet PL1. Meridian City Code 12-13-7 prohibits the use of the red maples (Acer Rubrum) as a landscaping tree within a parking lot. The applicant shall find another variety of tree to replace the proposed red maples prior to the approval of the Certificate of Zoning Compliance (CZC). Irrigation: An underground, pressurized irrigation system shall be installed to all landscaped areas. Performance specifications shall be required prior to approval of the CZC. ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY DAKOTA COMPANY, INC., / CUP-01-005 -3 2.10 Lighting: The canopy lighting shall be down shielded or shrouded so as to shield the traffic on Fairview Avenue from direct light or additional glare on the roadway. 2.11 Drainage: A proposed site drainage plan shall be approved by the City Public WorLs Department prior to construction. 2.12 Trash: No new outdoor trash areas are proposed on Sheet Cl. If the Applicant intends to have any new trash endosures other than standard cans, they shall be screened from view and not be visible by the public or from adjacent properties. 2.13 Hours of operation: the hours of operation shall be from 7:00 a.m. to 11:00 p.m. 2.14 Certificate of Occupancy: ]Mi required improvements shall be complete prior to obtaining a Certificate of Occupancy for the fuel kiosk and facility. 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. 2.15 Sanitary sewer and water service to this site shall be provided via existing lines adjacent to the site. 2.16 In accordance with City Ordinance 11-13-4.B.2., underground year- round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. Adopt the Recommendations of the Meridian Fire Department as follows: 2.17 Applicants shall satisfy all fire code requirements including those pertaining to water supply and fire hydrants to the satisfaction of all deparm~ents. ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY DAKOTA COMPANY, INC., / CUP-OI-005 -4 Adopt the Recommendations of the Central District Health Dept as follows: 2.18 Run-off is not to create a mosquito breeding problem. 2.19 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.20 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 2.21 The easement of the Welch Drain shall be protected and all storm drainage shall be retained on site. Adopt the Recommendations of the ACHD as follows: 2.22 The ACHD Commission shall not hear this project unless the site plan is changed in such a manner as to require Commission review. No new access points have been proposed and none are approved. 2.23 ACHD policy requires before any improvements of any kind are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements shall be obtained. 2.24All future design plans 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 in writing by the District. Additionally, at the City Council meeting held on May 15, 2001, Council requires the following: ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY DAKOTA COMPANY, INC.,/CUP-01-005 -5 2.25 That the project shall be moved 40' west of the submitted planned site. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the day of ~~ ,2001. ~r~bert ~). Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. City Clerk - ~' ~ Z:\Wo rkWhMeridian~Meridian 15360Ivl~Fred Meyer CUPO 1 -O05\OrderCUPO 1 -O05.doc ORDER CONDITIONAL USE PERMIT PLANNED DEVELOPMENT BY DAKOTA COMPANY, INC., / CUP-01-005 -6