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HomeMy WebLinkAboutCesco Findings BEFORE THE MERIDIAN CITY COUNCIL CONTRACTORS EQUIPMENT SUPPLY COMPANY (CESCO) CONDITIONAL USE PERMIT LOT 1, BLOCK 1. PLAYGROUND SUBDIVISION EAST OF LOCUST GROVE ON OVERLAND ROAD MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application was heard by the Meridian Planning and Zoning Commission on September 16, 1996, at the hour of 7:30 o'clock p.m. on said date and the Commission adopted and approved Findings of Fact and Conclusions of Law at the Commission's meeting on October 8, 1996, the Application came on for consideration before the Meridian CITY Council on October 15, 1996, without a public hearing as allowed by 11-2-418 E., at the Meridian CITY Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant's representative, John McCreedy, appearing, and the CITY Council having considered the Findings of Fact and Conclusions of Law of the Planning and Zoning Commission, the comments of the Applicant's representative, and the matter, the Meridian CITY Council makes the following Amended Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The CITY Council hereby adopts and approves of the Meridian Planning and Zoning Commission's Findings of Fact and incorporates them herein; that any statements, findings, FINDINGS OF FACT AND CONCLUSIONS - 1 conclusions, or recommendations made herein that are in conflict with the Meridian Planning and Zoning Findings of Fact shall overrule the actions of the Commission. 2. The CITY Council hereby finds that Applicant's representative, John McCreedy, stated and represented, among other things, that the Development Agreement that was entered into between the CITY and Mr. & Mrs. Clarke needs to be amended; that he has sent a proposed amendment of the Development Agreement to the Meridian CITY Attorney; that the driving range lights would be removed, that the sign for Cesco would be constructed as shown and be low voltage; that with regard to the sewer there is an easement, that the sewer can be enlarged and their engineer, J. J. Howard, states that there is plenty of sewer capacity, that the land was platted all as one subdivision, that their only desire was to connect to sewer temporarily and that they would help financially to extend the Five Mile Sewer Extension and would pay their fair share. That Mr. McCreedy stated that he had facsimiled a letter to the Planning and Zoning Administrator on the day of the CITY Council meeting, October 15, 1996; he stated that Page 4 of the Findings of Fact, referring to Finding of Fact 10., subparagraph 2., needed to be changed to reflect that the property does have sufficient sewer service available on a temporary basis to serve the use of CESCO according to CESCO's engineer and that Finding No. 17, regarding the CITY Engineer's statement that he did not know if the sewer line that ran to this property could sewer the property FINDINGS OF FACT AND CONCLUSIONS - 2 r ~~ or not, and that the CITY did not have a time table for extension of the Five Mile Creek Sewer Line. Mr. McCreedy stated that a temporary sewer connection was needed and that Conclusion No. 5. e., should be changed because it stated that the property does not have sufficient sewer service available and that the Applicant must provide the sewer service at its cost as a condition of granting the conditional use. He additionally stated that the Applicant does not want to have to pay for all of the Five Mile Sewer extension and that in Conclusion No. 7. b. , he would put, "Meet the requirements of an amended development agreement.", because CESCO cannot comply with the existing development agreement that the Clarke's entered into. After the reference in the paragraph below, Mr. McCreedy stated that the Applicant desired to temporarily connect to the sewer for three to five years; he stated that they were willing to include in an amended development agreement a statement that they will pay their fair share for the Five Mile Trunk Extension. That during Mr. McCreedy's last statement, a representative of the Applicant stated that CESCO would commit to assist in financing the Five Mile Sewer project. 3. That the CITY Engineer commented, in response to an inquiry from Councilman Glenn Bentley, that the Clarke's had asked for a letter for sewer to the driving range and he said that they could provide sewer to the driving range and the concession stand, but that he had not told them that there was enough capacity to serve the business; he additionally commented that land on the west FINDINGS OF FACT AND CONCLUSIONS - 3 __ of the Hunter Lateral goes to Nine Mile Sewer and land on the east goes to Five Mile Sewer; he also said that land could be taken out of participating in the Five Mile Sewer; that it was a policy of the CITY that sewage in a drainage should be served by the sewer line serving that drainage and should not be taken out of the line serving the drainage; he also stated that he did not doubt what Jim Howard had said and that he did not doubt that there is capacity in the line if it was extended. CONCLUSIONS 1. The CITY Council hereby adopts and approves of the Meridian Planning and Zoning Commission's Conclusion of Law and incorporates them herein; that any statements, conclusions, or recommendations made herein that are in conflict with the Meridian Planning and Zoning Conclusions of Law shall overrule the actions of the Commission. 2. That since the Meridian Comprehensive Plan states under LAND USE, Mixed-Use Areas Adjacent to I-84, Overland Road and Franklin Road, at Page 28, in Sub-Sections 5.10 and 5.14U, that a) development should be conducted under Planned Unit Development procedures and as conditional uses, and b), all development proposals in this area will be subject to development review guidelines and conditional use permitting procedures, it is concluded that this application for a conditional use should be granted, but that as required and stated above in this paragraph, it shall be subject to development review guidelines. FINDINGS OF FACT AND CONCLUSIONS - 4 3. That in addition to the Conclusions of Law adopted by the Planning and Zoning Commission, the Applicant shall also be required to do, and perform, the following: a. Meet the requirements, all at Applicant's cost and expense, placed on the property during its annexation and zoning, except those which pertained to operating and maintaining a golf driving range or related thereto, which will be determined by the CITY. b. Meet the requirements of the Development Agreement that was entered into by Applicant's predecessor in title except those which pertained to operating and maintaining a golf driving range or related thereto, which will be determined by the CITY, all at Applicant's cost and expense. c. Meet the requirements and comments of the CITY Engineer, the Assistant to the CITY Engineer, and the Planning and Zoning Administrator, all at Applicant's cost and expense. d. Meet all of the Ordinances of the City of Meridian, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Fire and Life Safety Code, Uniform Plumbing Code, Uniform Electrical Code, Uniform Mechanical Code, all parking and landscaping requirements, all at Applicant's cost and expense. e. Meet the requirements and conditions of the Ada County Highway District, Nampa & Meridian Irrigation District, Central District Health Department, CITY Fire and Police Departments, all at Applicant's cost and expense. f. Meet all of the representations of the Applicant unless they are in conflict with the above requirements or CITY Ordinances, all at Applicant's cost and expense. g. Enter into the proposed Amended Development Agreement that has been negotiated between the City, but has not been adopted by the City, and the Applicant, or a similar such agreement. The Agreement shall, when adopted and passed by the City and upon execution by all parties, be attached to these Findings of Fact and Conclusions of Law. The Development Agreement provides for many things, which include that the Applicant shall be allowed to temporarily connect to the existing Meridian sewer line FINDINGS OF FACT AND CONCLUSIONS - 5 ~ -+ that exists on Lots 2 and 3 of the Playground Subdivision, the temporary sewer connection will provide sewer service for five (5) years from the date of issuance of a building permit to Applicant for the structure that Applicant proposes to construct on the property, the Applicant shall, individually, install and construct the Five Mile Trunk Sewer Extension if Applicant, and/or others, have not installed and constructed it within five (5) years, that if the sewer extension line is not constructed in five (5) years the Applicant shall construct and install it, and that Applicant shall be allowed to enter into a Late Comers Agreement for repayment of the costs of installing and constructing that sewer line. All construction costs for installing and connecting to the Meridian Sewer shall be at Applicant's cost and expense. h. Enter into an amended Development Agreement with the City. i. Execute and deliver it to the City, if it is in agreement with these Findings of Fact and Conclusions of Law, a statement that it is in agreement. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian CITY Council hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COUNCILMAN MORROW VOTED COUNCILMAN BENTLEY VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN TOLSMA VOTED MAYOR CORRIE (TIE BREAKER) VOTED DECISION The Meridian CITY Council of the CITY of Meridian hereby decides that the Conditional Use Permit for the property set forth in the application should be approved under the conditions set FINDINGS OF FACT AND CONCLUSIONS - 6 forth in these Findings of Fact and Conclusions of Law and those of the Meridian Planning and Zoning Commission; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and those of the Commission and is not agreeable with entering into a new or amended development agreement, the Conditional Use Permit shall not be approved. MOTION: APPROVED: ,, DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS - 7