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M E M O R A N D U M
To: William G. Berg, Jr.
From: William F. Nichol
Subject: Sam Flshe~
File No.: CUP-OOW047
Dade: November 20, 2000
V1~ill:
Please find attached the revised, original FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND DECISION AND ORDER REGARDING
REQUEST FOR MODIFICATION OF A CONDITIONAL USE PERMIT, please
replace these Findings with the previous Findings sent to your office on November
14, 2000. I have added additional language to reflect "the front landscape setback
shall be reduced to 20 feet. The Findings will be on the Council's agenda for their
November 21, 2000, meeting.
I have also attached the original of the ORDER GRANTING
MODIFICATION OF A CONDITIONAL USE PERMIT, with the same revision as
above, and if the Council approves the FINDINGS the Order may be signed.
Please serve copies of both documents upon the Applicant and
appropriate departments.
zf you have any questions please advise.
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FILE COPY
BEFORE TIDE MERIDIAN CITY COUNCIL
GC 11/08/00
IN THE M.A,TTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR REDUCTION
IN FRONT LANDSCAPE
SETBACI~ IN A C-G BONE FOR
A USED CAR DEALERSHIP,
LOCATED'NEST of
MERIDIAN ROAD ON'
FRANKLIN ROAD, MERIDIAN,
IDAHO
Case No. CUP-00-047
FINDINGS OF FACT AND
CONCLUSIONS OF LA.W AND
DECISION AND ORDER
REGARDING REQUEST FOR
MODIFICATION OF A
CONDITIONAL USE PERMIT
S.l 1!. Y J. F J, S~EL,
APPLICANT.
The above entitled request to modify an existing conditional use permit
having come before the City Cauncii on November S, ZOOO, at the hour of 7:3o p.m., at
Meridian City Ha~~, 33 East Idaho Street, Meridian, Idaho, and Shan Sties, Planning and
Zoning Administrator, appeared and testified, and the Applicant, Sam Fishel, appeared
and testified, and the City Council having duly considered the evidence and the record in
this matter and the Recommendations to City Council issued by the Planning and Zoning
Commission who conducted a public hearing and the Council having heard and taken oral
and written testimony, and having duly considered the matter, the City Council hereby
makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER REGARDING REQUEST FOR MODIFICATION OF
A CONDITIONAL USE PERMIT BY SAM FISHEL /ZONED C-G / (CUP-00-047) - 1
FINDINGS ~F FAC'T
1. A notice of a public hearing on the request to modify an existing conditional
use permit was published for t~vo (2) consecutive weeks prior to the said public hearing
scheduled for November 8, 2000, before the City Council, the first publication appearing
and written notice having been mailed to property owners or purchasers of record within
three hundred feet (300') of the external boundaries of the property under consideration
more than fifteen (15) days prior to said hearing and with the notice of public hearing
having been posted upon the property under consideration more than one week before said
hearing and the copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly
considered by the City Council at the November S, 200, 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
egress 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 Af~.davit of Publication and Proof of
Posting filed with the staff report.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER REGARDING REQUEST FOR MODIFICATION OF
A CONDITIONAL USE PERMIT BY SAM FISHEL /ZONED C-G / (CUP-00-047) - 2
3. This proposed development request is in a C-G zone 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 west of Meridian Road on Franklin Road, Meridian,
Xdaho.
5. The owner of record of the subject property is George S. Fishel and Larree
G. Fishel of Meridian.
6. Applicant is owner of record.
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 ~ X ~7-2.
8. The proposed application requests modification of an existing conditional use
pernut for reduction in landscape setback. The C-G zoning designation within the City
of Meridian Zoning and Development Ordinance requires a conditional use permit be
obtained for mist uses including those requested by the Applicant. (Meridian City Zoning
and Development ordinance, Section ~ ~ -8- ~ } .
9. The Meridian Planning and Zoning Corrunission recognizes that the
proposed application is in compliance with the Meridian Comprehensive Flan.
~ o. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City ordinance.
~ ~ . The Meridian City Council takes judicial notice of its Zoning,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER REGARDING REQUEST FOR MODIFICATION OF
A CONDITIONAL USE PERMIT BY SAM FISHEL /ZONED C-G / (CUP-00-047) - 3
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 o£
Meridian, and Maps and the Ordinance establishing the Impact Area Boundary.
~Z. 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 e~cpense upon
the public if the following conditions of development are imposed and the following is also
found to be required to mitigate the effects of the proposed use and development upon
services delivered by political subdivisions providing services to the subject real property
within the planning jurisdiction of the City of Meridian:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
12.1 Applicant's conditional use shall be approved based upon the submitted
application and proposed site/landscape plan, and the front landscape
setback shall be reduced to 20 feet.
13. The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Grdinance because:
~3. ~ The subject property is designated on the "Generalized hand Use Map" as
"Existing Urban".
14. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to be
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER REGt1RDING REQUEST FOR MODIFICATION OF
A CONDITIONAL USE PERMIT BY SAM FISHEL /ZONED C-G / (CUP-00-047) - 4
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 b~e
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare ox 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.
C4NCLC~SZ~NS ~~ LAw
~ . The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use f'lanningAct of ~ 975" hereinafter referred to far convenience as the "Act"
codified at Chapter ~5, Title 67, Xdaho Code ~z.C. §67-G503}.
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-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER REGARDING REQUEST FOR MODIFICATION OF
A CONDITIONAL USE PERMIT BY SAM FISHEL /ZONED C-G / (CUP-00-047) - 5
j_,....
f. F r
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b5Q4 which the City Council of the City of NZeridian has established by the passage of the
"City of Meridian Zoning and Development ordinance" at Titles XI and ~~, Chapter ~,
Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and
notice provision required, provide for the process of special and/or conditional use permits
which a proposed use is otherwise prohibited by the terms of the ordinance but allowed
with conditions under the specific provisions of the ordinance which the City of Meridian
has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the
same that the evidential showing supports the finding that the following standards are met
and that the proposed development: (Meridian City Code § 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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER REGARDING REQUEST FOR MODIFICATION OF
A CONDITIONAL USE PERMIT BY SAM FISHEL /ZONED GG / (CUP-00-047) - 6
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, raise, smoke, fumes, glare or odors;
h. Will not result in the destruction, loss ar damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use pernut in a General Retail and Service
Commercial (C-G), a public hearing shall be conducted with notice to be published and
provided to property owners or purchasers of record within three hundred feet (300') o£
the external boundaries of the land under consideration for the conditional use permit all
in accordance with the provisions of Meridian City Code § X ~ - ~ 7-5 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 fallow notice and hearing procedures provided in Chapter 15 of
this Title. Provided, however, that conditional use applications far 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."
G. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations tothe 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER REGARDING REQUEST FOR MODIFICATION OF
A CONDITIONAL USE PERMIT BY SAM FISHEL /ZONED GG / (CUP-00-047) - 7
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;
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.
S, The City of Meridian has, by ordinance, established the impact Area and
the Comprehensive Flan of the City of Meridian, which was adopted December ~ i,
~ 993, ord. X29, januar~r 4, ~ 994 and Maps.
DECISIoN AN'T~ oRDE~
MODIFYING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NoW, THE~EFO~tE, BASE] U~'oN THE ABOVE ANA Fo~EGOZNG F~ND~NGS
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER REGARDING REQUEST FOR MODIFICATION OF
A CONDITIONAL USE PERMIT BY SAM FISHEL /ZONED GG / (CUP-00-047) - 8
OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and
this does Order that:
~ . That the e~.sting conditional use permit for the above named applicant for
a reduction in front landscape setback for a used car dealership in a C-G zone located west
of Meridian Road on Franklin Road, Meridian, Zdaho, is granted subject to the following
conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1.1 Applicant's modified conditional use shall be approved based upon the
submitted application and proposed site/landscape plan, and the front
landscape setback shall be reduced to 20 feet.
2. 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.
3. That the City Attorney. draft an Order Modifying Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Cleric
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER REGARDING REQUEST FOR MODIFICATION OF
A CONDITIONAL USE PERMIT BY SAM FISHEL /ZONED C-G / (CUP-00-047) - 9
NOTICE ~F FINAL ACTIN
Please take notice that this is a final action of the governin bod of the Cit of
~ y ~
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 pernlit inay within twenty-eight (28) days after the date of this
decision and order seek a judicial review as provided by Cha ter 52, Title b7, Zdaho
p
Code.
s~
By action of the City Council at its regular meeting held on the ~~ day
of ~~+~~"-~~' , 2000.
ROLL CALL:
COUNCILMAN RON ANDERSON VOTED--~~~Gz'
COUNCILPERSON KEITH BIRD VOTED_~~~~
COUNCILMAN TAMMY deWEERD VOTED-~S~-~`'
COUNCILMAN CHERIE McCANDLESS VOTED ~`-
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: - ~~Q
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER REGARDING REQUEST FOR MODIFICATION OF
A CONDITIONAL USE PERMIT BY SAM FISHEL /ZONED C-G / (CUP-00-047)
- z0
M~TZ~N:
.AI'PR~VED: ~ ~--°" D~SA~'PR~VED:
Copy served upon Applicant, Planning and Zoning De art~alent, Public Works
p
Department and the City Atton~ey. ~,,,4~~~~;~~tr,,,
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By Dated. ~~
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City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER REGARDING REQUEST FOR MODIFICATION OF
A CONDITIONAL USE PERMIT BY SAM FISHEL /ZONED C-G / (CUP-00-047) - 11
~,.._
BEF~R.E TFIE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A
REDUCTION IN FRONT
LANDSCAPE SETBACK IN A C-
GZONE FOR A USED CAR
DEALERSHIP, LOCATED WEST
OF MERIDIAN ROAD ON
FRANIQ,IN ROAD, MERIDIAN,
IDAHO
SANZ FISI~EL,
APPLICANT.
Case No. CUP-00-~~7
R~cE~D
N09 2 0 200
CITY OF b~RIDIAN
ORDER GRANTING
11~.~DIFICATI~N ~F A
C~NDITI~NAL USE PERNZIT
This matter coming before the City Council on the 21ST day of November, 2000,
under the provisions of Meridian City Code § 11-17-4 for final action on a request to
modify a conditional use permit and the Council having received and approving .the
Recommendation of the Planning and Zoning Commission the Council takes the following
action:
I. That the existing conditional use permit for the Applicant for a reduction in front
landscape setback for a used car dealership in a C-G zone located west of Meridian Road
on Franklin Road, NZeridian, Idaho, is granted subject to the following conditions of use
and development:
ORDER GRANTING MODTFTCATION OF A
CONDITIONAL USE PERMIT BY SAM FISHEL /ZONED C-G / (CUP-00-047) - 1
1,
4
Adopt the Reconuneildations of the Planning and Zoning and Engineering
staff as follows:
1.1 A~~licant's modified conditional use shall be approved based upon the
subnutted application and proposed site/landsca~e plan.
2. 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
pernZit.
3. Nonce to Permit Holder, this conditional use pernut is not transferable without
co~~nplying with the provisions of Meridian City Code § ~ ~ ~ ~ 7-8, a co of Which is
Py
attached to this pernut.
By action of the City Council at its regular meeting held on the
~l ~U~°~'l'~-~a.~'~ , 2000.
Z(s~
f
r
obe D. Corrie, Mayor ity of Meridian
day of
Copy served upon Applicant, the Planning and Zoning Department, Public Worl<s
Department and City Attorney. _.,,tt,~«.,,...
. ~ 2 ~;
B
w
City Clerk
Dated: ~~'~~~d~
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ORDER GRANTING MODIFICATION OF A
CONDITIONAL USE PERMIT BY SAM FISHEL /ZONED C-G / (CUP-00-047) - 2