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HomeMy WebLinkAboutHark's Corner CUP-01-011BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06-05-01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A COMMERCIAL DEVELOPMENT INCLUDING FUELING STATIONS, DRIVE- THRU, COFFEE SHOP, CAR WASH AND RETAIL IN PROPOSED C-C ZONE, LOCATED AT 119 S. LINDER ROAD, MERIDIAN, IDAHO VAN HEES PROPERTIES, APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-OI-O11 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 June 5, 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 appearing and testifying on behalf of the Applicant were JoAnn Butler and Tom Roam, and the Applicant, Larry Van Hees, appeared and testified, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 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, Contusions 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 weelcs prior to the said public heating scheduled for June 5, 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 June 5, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 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 a 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 CounciI on this appIication. 4. The property is located at 119 S. Linder Road, Meridian, Idaho. The owner of record of the subject property is Larry Van Hees of Boise, Idaho. 6. 7. Applicant is owner of record. The subject property is currently zoned R-1. However, there is an application before the City Council for annexation and zoning to C-C. The zoning district of C-C 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 a commercial development consisting of fueling stations, drive-thru, coffee shop, car wash and retail. The C-C zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 uses inclduing those required by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1 ). 9. The Meridian City Council recognizes that the proposed application is not in compliance with the Meridian Comprehensive Plan. However, the Plan is currently under review and this area is being considered for some commercial designation. 10. conditional use as determined by City Ordinance. 11. The Meridian City Council talces judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions The use proposed within the subject application will in fact, constitute a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 providing services to the subject real property within the planning jurisdiction of the City of Meridian, and with the exception of the zoning of C-G for the commercial lots which is recommended to be C-C subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 12.1 A minimum 8-foot-wide landscaping buffer shall be installed along the entire length of the southern property line as required by the Landscape Ordinance for a buffer between the residential and commercial uses. 12.2 A two-inch caliper tree shall be installed in this area for every 35 linear feet of landscape buffer. 12.3 An eight-foot-tall masonry fence shall be located along the entire length of the southern property line to help shield the residents from noise, and shall be continuously maintained in good repair, and the fence shall be constructed prior to issuance of building permits. Additionally, the location of the fence in relation to the existing trees is to be worked out between the affected property owners and approved by Planning and Zoning staff. 12.4 Landscaping along Franldin and Linder Road shall be installed as submitted, with the addition of at least three more two-inch caliper trees; two on Franldin Road and one in the center of the landscape strip adjacent to the escape lane of the restaurant. The purpose of the additional trees is to have one two-inch caliper tree per 35 linear feet of landscaping along the street and along parking areas as required by City Ordinance. 12.5 The applicant shall apply for a Planned Sign Program in accordance with the Sign Ordinance. The type, location and number of signs requested shall be amended to comply with the Sign Ordinance. 12.6 Additional trash receptacles shall be required adjacent to the new coffee ldosk for patron refuse. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 12.7 Sanitary sewer service to this site is being proposed via extensions from an existing eight-inch diameter stub from Franldin Road. The depth of this stub may or may not provide service within the City of Meridian's design standards for minimum cover and pipe slopes to all areas in this proposed development. Alternately, the applicant may want to consider sewering this site to the southwest, across land under their ownership, to the stub under Ten Mile Creek. Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public WorIcs Department. The City is in the process of planning for a new sanitary sewer relief main adiacent to this parcel on the Linder Road frontage. Routing alignment for this main has not been established as of this date, and the City may potentially need to acquire an easement for the installation. 12.8 12.9 12.10 12.11 Water service to this site shall be via extensions from existing mains in Franklin Road and Linder Road. Applicant shall be responsible to construct the water mains to and through this proposed development (looped). Subdivision designer to coordinate main sizing and routing with the Public Works Depamnent. Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. RV ParMng is shown at the northeast corner of the property. The parldng shall be only for short-term parking for patrons of the commercial establishment, and not for overnight use. Applicant shall be required to install alternative methods of car wash warning systems (e.g., interior flashing lights) and speaker systems for drive-thru facilities (e.g., telephone systems) in lieu of typical noise- generating systems. Any ~nodifications to the site plan, induding any future development on Lots 1 and 2, shall require approval as a planned development under the conditional use process. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 12.12 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. 12.13 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. 12.14 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 parMng 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 a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Depamnent of Water Resources regarding Shallow Injection Wells. 12.15 Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 12.16 All signage shall be in accordance with the standards set forth in Section 1 I-14 of the City Zoning and Development Ordinance. 12.17 All construction shall conform to the requirements of the Americans with Disabilities Act. 12.18 Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. 12.19 Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 12.20 Conditions specified in the annexation and zoning application (AZ-01- 007) shall also apply. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 12.21 A Land Use Change/Site Development application shall be filed for the conditional use permit. Adopt the Meridian Fire Department's Recommendations as follows: 12.22 All codes, including fire hydrants, water and fire sprinkler systems shall be met and approved by all City departments. Adopt the Central District Health Department Recommendations as follows: 12.23 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health Welfare, Division of Environmental Quality. 12.24 Run-off is not to create a mosquito breeding problem. 12.25 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; or if other means of pretreatment of stormwater discharge is provided, then Applicant shall furnish to the Public Works Department a copy of the proposed Operation and Maintenance Manual, including a schedule of regular maintenance for the drains. A commitment shall be required that in the event the drains do not effectively work, either through problems with design or maintenance, development of new plans for a means to prevent the stormwater discharge shall be required. Additionally, the Applicant shall comply with the following requirements by action of the City Council at their June 5, 2001, meeting as follows: 12.26 The project shall be treated as a Planned Development ~vith a Mixed Use. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 12.27 The hours of operation shall be as follows: C-Store: 6 am until midnight ("possibly 5 am") Attic Circle: until 10 pm Sunday - Thursday and 11 pm Friday & Saturday Fuel pumps: 24 hours-credit card sales Car wash: the hours shall be limited so that noise from the car wash shall not constitute a nuisance to any of the adjacent neighbors. 12.29 The Applicant shall comply with the Ada County Highway District's recommendations in their letter dated April 18,200 I, including both Site Specific Requirements and Standard Requirements. Additionally, if ACHD amend their recommendations, then the Applicant shall be required to comply with any amendments thereto. 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 "Single-family Residential". 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 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 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 ].and Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Tide 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 Ordinance~ at Tides XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoprion 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 § 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - i 1 the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrin~ental 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 Community Business District (C-C), 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 extemal 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 folloTM 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 condusion 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 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; 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a commercial development consisting of fueling stations, drive-thru, coffee shop, car wash and retail in a C-C zone located at 119 S. Linder Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 A minimum 8-foot-wide landscaping buffer shall be installed along the entire length of the southern property line as required by the Landscape Ordinance for a buffer between the residential and commercial uses. 1.2 1.3 1.4 A two-inch caliper tree shall be installed in this area for every 35 linear feet of landscape buffer. An eight-foot-tall masonry fence shall be located along the entire length of the southern property line to help shield the residents from noise, and shall be continuously maintained in good repair, and the fence shall be constructed prior to issuance of building permits. Additionally, the location of the fence in relation to the existing trees is to be worked out between the affected property owners and approved by Planning and Zoning staff. Landscaping along Franklin and Linder Road shall be installed as submitted, with the addition of at least three more two-inch caliper trees; two on Franklin Road and one in the center of the landscape strip adjacent to the escape lane of the restaurant. The purpose of the additional trees is to have one two-inch caliper tree per 35 linear feet of landscaping along the street and along parking areas as required by City Ordinance. 1.5 The applicant shall apply for a Planned Sign Program in accordance with the Sign Ordinance. The type, location and number of signs FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 1.6 1.7 requested shall be amended to comply with the Sign Ordinance. Additional trash receptacles shall be required adjacent to the new coffee kiosk for patron refuse. Sanitary sewer service to this site is being proposed via extensions from an existing eight-inch diameter stub from Franklin Road. The depth of this stub may or may not provide service within the City of Meridian's design standards for minimum cover and pipe slopes to all areas in this proposed development. Alternately, the applicant may want to consider sewering this site to the southwest, across land under their ownership, to the stub under Ten Mile Creek. Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. The City is in the process of planning for a new sanitary sewer relief main adjacent to this parcel on the Linder Road frontage. Routing alignment for this main has not been established as of this date, and the City may potentially need to acquire an easement for the installation. 1.8 Water service to this site shall be via extensions from existing mains in Franklin Road and Linder Road. Applicant shall be responsible to construct the water mains to and through this proposed development (looped). Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 1.9 RV Parking is shown at the northeast comer of the property. The parking shall be only for short-term parking for patrons of the commercial establishment, and not for overnight use. 1.10 Applicant shall be required to install alternative methods of car wash warning systems (e.g., interior flashing lights) and speaker systems for drive-thru facilities (c.g., telephone systems) in lieu of typical noise- generating systems. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 1.11 1.12 1.13 1.14 1.15 1.16 1.17 Any modifications to the site plan, including any future development on Lots 1 and 2, shall require approval as a planned development under the conditional use process. 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. 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. 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 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 a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Depamnent of Water Resources regarding Shallow Injection Wells. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, 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 shall conform to the requirements of the Americans with Disabilities Act. i. 18 Trash enclosures shall meet the requirements of the Sanitary Service FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 1.19 1.20 Adopt follows: Company's guidelines for location and size. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. Conditions specified in the annexation and zoning application (AZ-01- 007) shall also apply. the Recommendations of the Nampa & Meridian Irrigation District as 1.21 A Land Use Change/Site Development application shall be filed for the conditional use permit. Adopt the Meridian Fire Department's Recommendations as follows: 1.22 All codes, including fire hydrants, water and fire sprinlder systems shall be met and approved by all City departments. Adopt the Central District Health Department Recommendations as follows: 1.23 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 1.24 Run-off is not to create a mosquito breeding problem. 1.25 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; or if other means of pretreatment of stormwater discharge is provided, then Applicant shall furnish to the Public Works Department a copy of the proposed Operation and Maintenance Manual, including a schedule of regular maintenance for the drains. A commitment shall be required that in the event the drains do not effectively work, either through problems with design or maintenance, development of new plans for a means to prevent the stormwater discharge shall be required. Additionally, the Applicant shall comply with the following requirements by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 action of the City Council at their June 5, 2001, meeting as follows: 1.26 The project shall be treated as a Planned Development with a Mixed Use. 1.27 The hours of operation shall be as follows: C-Store: 6 am until midnight ("possibly 5 am") Artic Circle: until 10 pm Sunday - Thursday and 11 pm Friday and Saturday Fuel pumps: 24 hours-credit card sales Car wash: the hours shall be limited so that noise from the car wash shall not constitute a nuisance to any of the adjacent neighbors. 1.28 The Applicant shall comply with the Ada County Highway District's recommendations in their letter dated April 18,2001, including both Site Specific Requirements and Standard Requirements. Additionally, if ACHD amend their reconunendations, then the Applicant shall be required to comply with any amendments thereto. 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 Worlcs Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 NOTICE OF FINAL ACTION Please talce 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 w.f/.vot.~ ,2001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS MAYOR ROBERT D. COmE (TIE BREAKER) DATED: /~-/q--t22/ VOTED ~ VOTED_~~t--' VOTED__~-.-' VOTED ~ VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. 0i{ty' Clerk ' ' ff O"!e Z:\WorkkiVBMeridlanXMeridian 15360Ivlg-Iark's Comer ~Z-01 [,.CUP-O 1-01 l~, -011 .doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/05/01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A COMMERCIAL DEVELOPMENT INCLUDING FUELING STATIONS, DRIVE- THRU, COFFEE SHOP, CAR WASH AND RETAIL IN PROPOSED C-C ZONE, LOCATED AT 1 19 S. LINDER ROAD, MERIDIAN, IDAHO VAN HEES PROPERTIES, APPLICANT Case No. CUP-OI-O11 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 19*h day of June, 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 a commercial development consisting of fueling stations, drive-thru, coffee shop, car wash and retail n C-G zone located at 119 S. Linder Road, Meridian, Idaho, subject ORDER CONDITIONAL USE PERMIT - 1 (CUP-01-011) to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 2.1 A minimum 8-foot-wide landscaping buffer shall be installed along the entire length of the southern property line as required by the Landscape Ordinance for a buffer between the residential and commercial uses. 2.2 A two-inch caliper tree shall be installed in this area for every 35 linear feet of landscape buffer. 2.3 An eight-foot-tall masonry fence shall be located along the entire length of the southern property line to help shield the residents from noise, and shall be continuously maintained in good repair, and the fence shall be constructed prior to issuance of building pem~its. Additionally, the location of the fence in relation to the existing trees is to be worked out between the affected property owners and approved by Planning and Zoning staff. 2.4, Landscaping along Franklin and Linder Road shall be installed as submitted, with the addition of at least three more two-inch caliper trees; two on Franklin Road and one in the center of the landscape strip adjacent to the escape lane of the restaurant. The purpose of the additional trees is to have one two-inch caliper tree per 35 linear feet of landscaping along the street and along parking areas as required by City Ordinance. 2.5 The applicant shall apply for a Planned sign Program in accordance with the Sign Ordinance. The type, location and number of signs requested shall be amended to comply with the Sign Ordinance. 2.6 Additional trash receptacles shall be required adjacent to the new coffee kiosk for patron refuse. 2.7 Smfitary sewer service to this site is being proposed via extensions from an existing eight-inch diameter stub from Franklin Road. The depth of this stub may or may not provide service within the City of Meridian's design standards for minimum cover and pipe slopes to all areas in this ORDER CONDITIONAL USE PERMIT (CUP-01-011) -2 proposed development. Alternately, the applicant may want to consider sewering this site to the southwest, across land under their ownership, to the stub under Ten Mile Creek. Applicant shall be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. The City is in the process of planning for a new sanitary sewer relief main adjacent to this parcel on the Linder Road frontage. Routing alignment for this main has not been established as of this date, and the City may potentially need to acquire an easement for the installation. 2.8 Water service to this site shall be via extensions from existing mains in Franklin Road and Linder Road. Applicant shall be responsible to construct the water mains to and through this proposed development (looped). Subdivision designer to coordinate main sizing and routing with the Public WorLs Department. Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 2.9 RV Parking is shown at the northeast coruer of the property. The parking shall be only for short-term parldng for patrons of the commercial establishment, and not for overnight use. 2.10 Applicant shall be required to install alternative methods of car wash warning systems (e.g., interior flashing lights) and speaker systems for drive-thru facilities (e.g., telephone systems) in lieu of typical noise- generating systems. 2.11 Any modifications to the site plan, inducting any future development on Lots 1 and 2, shall require approval as a planned development under the conditional use process. 2.12 Off-street parldng 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. 2.13 Paving and striping shall be in accordance with the standards set forth ORDER CONDITIONAL USE PERMIT (CUP-01-O11) -3 in Sections I 1~13-4.D. and I 1-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.14 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 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 a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.15 Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adioining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 2.16 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 2.17 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.18 Trash enclosures shall meet the requirements of the Sanitary Serv/ce Company's guidelines for location and size. 2.19 Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. 2.20 Conditions specified in the annexation and zoning application (AZ-01- 007) shall also apply. Adopt the Recommendations of the Nampa & Meridian Irrigation District as ORDER CONDITIONAL USE PERMIT (CUP.01-01 1) -4 follows: 2.21 A Land Use Change/Site Development application shall be filed for the conditional use permit. Adopt the Meridian Fire Department's Recommendations as follows: 2.22 All codes, including fire hydrants, water and fire sprinkler systems shall be met and approved by all City departments. Adopt the Central District Health Department Recommendations as follows: 2.23 The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health Welfare, Division of Environmental Quality. 2.24 Run-off is not to create a mosquito breeding problem. 2.25 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; or if other means of pretreatment of stormwater discharge is provided, then Applicant shall furnish to the Public Works Department a copy of the proposed Operation and Maintenance Manual, including a schedule of regular maintenance for the drains. A commitment shall be required that in the event the drains do not effectively work, either through problems with design or maintenance, development of new plans for a means to prevent the stormwater discharge shall be required. Additionally, the Applicant shall comply with the following requirements by action of the City Council at their June 5, 2001, meeting as follows: 2.26 The project shall be treated as a Planned Development with a Mixed Use. 2.27 The hours of operation shall be as follows: C-Store: 6 am until midnight ("possibly 5 am") ORDER CONDITIONAL USE PERMIT (CUP.OI.OI 1) -5 2.28 Attic Circle: until 10 pm Sunday - Thursday and 11 pm Friday & Saturday Fuel pumps: 24 hours-credit card sales Car wash: the hours shall be limited so that noise from the car wash shall not constitute a nuisance to any of the adjacent neighbors. The Applicant shall comply with the Ada County Highway District's recommendations in their letter dated April 18,2001, including both Site Specific Requirements and Standard Requirements. Additionally, if ACHD amend their recommendations, then the Applicant shal! be required to comply with any amendments thereto. 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 § 1 I-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 ~Z7~r-~ ,2001. '~. ~o3rie, Mayor City of Me'dian ORDER CONDITIONAL USE PERMIT (CUP-01-011) -6 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. ~ Z:\Work~AWieridian¢deridian 15360M~Iark's Corner AZ-01-007 CUP-01-01 l\OrderCUP01-011.doc '~t&._'~J~iSl~8~ ORDER CONDITIONAL USE PERMIT (CUP-Oi-O11) -7