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HomeMy WebLinkAboutFindingsMERIDIAN PLANNING & ZONING COMMISSION MEETING: SEPTEMBER 16,1996 APPLICANT: CONTRACTORS EQUIPMENT SUPPLY CO. AGENDA ITEM NUMBER: 9 REQUEST; PUBLIC HEARING• CONDITIONAL USE PERMIT FOR A JOHN DEERE DEALERSHIP AGEN Y CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENT~~ /1V ~ v X~ ~ 71 r l All Materials presented at public meetings shall become property of the City of Meridian. • • MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 8.1996 APPLICANT: CONTRACTORS EQUIPMENT SUPPLY CO AGENDA ITEM NUMBER:~_ REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FdR A JOHN DEERE DEALERSHIP AGE C CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~~L ~~~ ~~ Y~J~ a`~~ roc°~ C~ ~ C~ ~~ss --h~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CONTRACTORS E UIPMENT 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 having come on for consideration on September 16, 1996, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant's representative, Mark Canfield, appearing and the Planning and Zoning Commission having heard and taken oral and written testimony and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That 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 September 16, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 16, 1996, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property is located within the City of Meridian and is currently used as The Playground on East Overland Road; there is exposure to the Interstate; and the property described in FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 1 • the application which description is incorporated herein; that the land is in a Mixed/Planned Use Development area as set forth in the Meridian Comprehensive Plan. 3. That the property is currently zoned C-G, General Retail and Service Commercial. 4. That the zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: fC-G) General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development; 5. That the Applicant is the owner of record of the property and has requested this Conditional Use Permit and the Application is not at the request of the City of Meridian. 6. That the property is currently being used as a golf driving range open for business form 8:00 until 10:00 p.m., seven days per week. 7. That the proposed use by the Applicant is to develop the property for a John Deere Dealership, providing sales, service, and parts for John Deere products; that the 10 acre site will house a 24,000 square foot commercial building; that the current number of employees at its present location in Boise is approximately 25; that the business hours will be from 8:00 a.m. to 5:00 p.m., Monday through Friday, but the Applicant's representative .stated there may FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 2 • be possible occasional longer hours from 6:00 a.m. to no later than 7:00 p.m. 8. Applicant states that the same type of development is in the area with Western States Caterpillar, Arnold Equipment, and Meridian Ford located to the west of the proposed development and Transport Truck & Trailer proposing to develop to the east. 9. That the City Planning Director, Shari Stiles and the Assistant to the City Engineer, Bruce Freckleton, submitted comments and they are as follows: 1. That any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605 M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the public Works Department. 2. That any existing domestic wells and/or septic systems with this project shall be removed from their domestic service per City Ordinance, except that wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans. 4. Provide five foot (5') wide sidewalks in accordance with City Ordinance Section 11-9-606.B. ACHD will require deposit into their trust fund for future sidewalk construction on Overland Road. 5. ~ Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 6. Bonding will be secured by any uncompleted improvements prior to temporary Certificate of Occupancy being secured. 7. Coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 3 • • policies. Fire hydrant locations shall be depicted on building plans. 8. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 9. That the Applicant respond in writing to each of the comments, both General and Site Specific, and submit to the City Clerk's Office prior to the scheduled hearing. 10. That Bruce Freckleton and Shari Stiles submitted site specific comments and they are as follows: 1. Utility locations need to be included on the plan for approval by the Public Works Department. 2. Sanitary sewer service for this project doesn't exist at this time. Sewer service to this site shall be directed to the future Five Mile Creek Sewer trunk line extension. A sanitary restriction was placed on this lot during the platting process for The Playground Subdivision. A sewer service was temporarily installed for the small temporary building used as a part of the driving range. The Applicant has indicated a desire to temporarily sewer to this existing service, if physically possible. An easement from the adjacent property owner would need to be secured for this purpose. CESCO has verbally indicated they will pay their proportionate share for the proposed Five Mile Trunk Extension, as this parcel is included in that sewer drainage area in the City's Facilities and Comprehensive Plans. Details for this arrangement will need to be addressed in the development agreement, the recording of which must take place prior to issuance of a building permit. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary • sewage generated by this proposed development. 3. Water service for this development shall be off of an extension of the existing 12" diameter main in Overland Road. The main must be extended to the eastern most property boundary line. The Applicant's engineer is to coordinate routing with the Meridian Public Works Department. Water lines shall be located on the north side of roadway centerline. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 4 4. Provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties as determined by the City of Meridian. 5. A development agreement was required as a condition of annexation. Although sales lots are a permitted use in the C-G zone, the annexation of The Playground was conditional and required a development agreement. CESCO has submitted this application to comply with the City's request and to permit amendment of the development agreement entered into between the City of Meridian and Michael and Sue Clark. Creation of an additional development agreement may be needed for this parcel's use if it cannot be amended through the existing document. 6. All landscaping is to meet the requirements of Ordinance Section 11-2-414.D.2. The landscaping proposed appears to exceed these requirements. Trees along Overland Road shall be three-inch (3") caliper minimum. The landscaping plan shown is not to be changed from that shown without written approval of the Planning & Zoning Department. Detailed landscape plans will be reviewed during the building permit approval process. A minimum 35 foot landscape setback is required on Overland Road and Interstate I-84. 7. All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs will not be permitted. All signs are subject to review and approval of the Planning and Zoning Department. 8. ACHD has approved a driveway access 9' from the eastern boundary of this parcel,. with a cross access agreement required to the adjacent property (site proposed by Transport Truck and Trailer). 9. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. 10. The area shown as parking on the eastern boundary shall be paved; all off-street parking spaces are to be paved and striped in accordance with Meridian City Ordinance Section 11-2-414. Sixty-six (66) parking spaces are provided (1:364 s.f.). This would appear to meet Ordinance requirements, depending on actual floor plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 5 • 11. Application states hours of operation are to be from 8:00 a.m. to 5:00 p.m. 12. Any expansion of operation/ownership change shall be subject to Council review. 11. That the Nampa and Meridian Irrigation District, City Fire Department, City Police Department, Ada County Highway District, and Central District Health Department submitted comments and they are incorporated herein as if set forth in full. 12. That the Nampa and Meridian Irrigation District submitted comments; that the Cook Lateral courses along the south boundary of this project; that the right-of-way of the Lateral is 30 feet; 15 from the center facing downstream; that the developer must contact the District for approval before any encroachment or change of right-of-way occurs; that the District requires a Land Use Change/Site Development application be filed for review prior to final platting; that all laterals and waste ways must be protected; that all municipal surface drainage must be retained on site and if any surface drainage leaves the site, Nampa and Meridian Irrigation District must review drainage plans; that the developer must comply with Idaho Code 31-3805 and that it is recommended that irrigation water be made available to all developments within the Nampa and Meridian Irrigation District. 13. That the Ada County Highway District submitted comments in regards to John Deere, Bill Howell and Sundance Subdivision and access to Overland Road east of Locust Grove Road; that a joint solution to the multiple driveways on Overland Road maintaining the District's required 230 foot separation between driveways based on a 45 mph speed limit is necessary; that Mr. Howell has agreed to relinquish the approved driveways associated with his project of FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 6 the Transport Truck & Trailer with the approval of the following driveways from east to west: Howell parcel: 1. A 40 foot wide driveway 560 feet east of the site's west boundary. 2. A future driveway- located 230 feet from both driveway # 1 and driveway # 3 ( a range of approximately 10 0 feet). John Deere parcel: 3. A 40 foot wide driveway, located 9 feet west of the site's east boundary with a cross access easement to the Howell parcel. Sundance parcel: 4. A future driveway located 230 feet from both driveway #3 and an existing driveway to Lot 2 of the Playground Subdivision (a range of approximately 110 feet). The Sundance parcel has the choice of additional driveways or streets (total of 3 maximum) that may either align with driveways #1, #2, or #3, or be offset 230 feet to the east of driveway #1 (assuming no additional conflicting driveways). 14. That the Applicant's counsel, John McCreedy, has submitted written response to the staff comments of the Assistant to the City Engineer, Bruce Freckleton and Planning Director, Shari Stiles, and they are incorporated herein as if set forth in full. 15. That the Applicant, Mark Canfield, testified that John Deere is an industrial equipment dealer which is currently located by the Boise City Airport; that the airport is expanding the north runway operation and has forced John Deere into making a move; that property, formally known as The Playground, the driving range portion, has been purchased and was recently replatted; that the Applicant proposes building a 24,000 square foot facility on FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 7 approximately 10 acres within that site that will service for selling parts and working on the equipment that is sold; that the front portion of the building is office space and there are approximately 66 parking spaces; that currently approximately 28 employees are employed .with the anticipation of approximately 30 plus people more; that there will be landscaping along the Overland Road route and on this project's east and west borders; that there will be a display berm similar to that of Western States and Arnold Machinery along I-84 and the north border; that the hours of operation will be Monday through Friday, 8:00 a.m. to 5:00 p.m. and that during busier construction seasons the hours of operation may need to be extended from 6:00 a.m. to no later than 7:00 p.m. 16. That legal counsel for the Applicant, John McCreedy, testified; that the Applicant has been at the Boise facility since 1955; that it is a very stable company and a very stable business; that Mr. McCreedy wished to modify his earlier response to the staff comments; that since the Ada County Highway District is planning, in the future, to expand Overland Road and it therefore be a waste of money to the the Cook Lateral to have it later ripped out for expansion of Overland Road; that the Applicant is willing to the the Lateral unless the City and the Nampa and Meridian Irrigation District agree otherwise; that in a discussion with John Anderson at the District, he preliminarily indicated that it would be a waste of money to the the Lateral; that the requirement of determining the seasonal ground water, high ground water and subsurface soils will be complied with; that having the facility open from 6:00 a.m. to 7:30 p.m. would be on an as needed basis only; that this project is harmonious with the general FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 8 ~ r vicinity and fairly compatible; that the bright lights from the driving range will be removed; that the comments submitted by the Ada County Highway District (ACRD) will be complied with; that ACRD has worked with the Applicant to expand the radiuses from the traditional 15 degrees to 25 degrees to accommodate swing turns for longer semi-trucks and granted the maximum driveway width to 40 feet; that there will be a low profile sign in the area of the driveway on the Overland Road side of the property; that along I-84 another sign is anticipated similar to that of Western States and Arnold Machinery; that the display sign would be an elevated sign in the area of the berm and meet City Ordinances with regard to height and lighting; that the building will be single story with approximately 20 to 24 foot high ceilings in the area of the parts warehouse and shop; that the back half of the facility, the northern portion toward I-84, will be fenced and the trash areas screened. 17. Meridian City Engineer Gary Smith testified that there is a sewer that was extended through the RV overnight park but how far east it goes from the RV park and whether it was extended through Lot 2 is unknown; that it is not certain whether it was completed and that the construction was not inspected by the City; that the City doesn't know how deep it is or if it is physically possible to sewer into this lot or not; that when requested by Dr. Clark to write a letter concerning sewer service to Lot 1, Mr. Smith stated that sewer service was available to Lot 1 as pertains to a support facility building for the driving range; that at the time the plat was recorded, sanitary restrictions were placed on the plat by Central District Health Department concerning construction on Lot FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 9 1 and that the restrictions may or may not have been lifted off of that plat; that the concern is, and has always been, that once you start getting sewage from an adjacent drainage area into a drainage area that was not intended to accept that sewage, there exists the possibility of problems in the future for capacity in the sewer line to serve an area that is outside of the drainage area for the specific sewer line; that the City does not have a time table for extension of the Five Mile Creek sewer line under the Interstate; that the need for the Applicant to provide high water, high ground water elevation, and profiling of subsurface soil condition on this site was because of problems with water in crawl spaces and under foundations; that there is a clay layer in this area and the above comment is a standard comment put on all reviews; that once in a while, pockets of perched water tables are discovered that can cause grief and the profiling is just a precaution. 18. In the Meridian Comprehensive Plan it is stated: A. Franklin, Overland/I/84 Mixed Use Policies, Page 28 That in the Meridian Comprehensive Plan it is stated under LAND USE, Mixed-Use Areas Adjacent to I-84, Overland Road and Franklin Road, Page 28., as follows: 5.6 The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure . that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surrounding neighborhoods. 5.10 Development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. (Emphasis added.) 5.11 The character, site improvements, and type of development should be harmonized with previously- developed land in the area, and where located FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 10 i ~ adjacent to or near any existing residence or residential area, shall be harmonized with residential uses, and all reasonable efforts shall be made to reduce the environmental impact on residential areas, including noise and traffic reduction. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan a 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.14U Because these areas are near I-84, Franklin and Overland Roads, high-quality visual appearance is essential. All development proposals in this area and conditional use permitting procedures. (Emphasis added.) B. 5.15U The mixed-use area in the vicinity of the Overland Road/Franklin Road/ Eagle Road/I-84 interchange is a priority development area. Under TRANSPORTATION, Page 43 1. Existing Conditions Overland Road is listed as a minor arterial. C. Under COMMUNITY DESIGN, at Page 72. 1. Entryway Corridors d. Overland Road (North and South entrances). 2. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Policies, Page 73 a. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business development on entrance corridors. b. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 11 • • 19. Section 11-9-605 G, PLANTING STRIPS AND RESERVE STRIPS, of the Subdivision and Development Ordinance, states that planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties and that such screening shall be a minimum of twenty feet wide and shall not be part of the normal street right-of-way or utility easement. 20. Commissioner MacCoy and Mr. McCreedy had discussion regarding the signage, the size of the building and the screening of the trash receptacles. 21. Mr. McCreedy added that John Deere, CESCO, wants to do whatever it takes to satisfy the City's conditions. 22. There was no other public testimony given. 23. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the Meridian Comprehensive Plan states that the property would only be capable of being developed under the FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 12 i ~ conditional use permit process with design review to ensure neighborhood compatibility; therefore a conditional use is .required for development of the property, which is what the Applicant has applied for in conformance with the Zoning Ordinance, which requires a conditional use for a tractor sales lot and a repair facility. 4. That since the Meridian Comprehensive Plan states that the City shall require, as a condition of development approval, landscaping along all entrance corridors and states that landscaped setbacks for new development on entrance corridors are encouraged and the Planning and Zoning Director and the Assistant to the City Engineer stated that there should be a 35 foot landscaped set back from Overland Road, the property shall have a 35 foot set back for landscaping. 5. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by Ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan and Zoning Ordinance. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 13 ~. •- ~- ~ e. The property does not have sufficient sewer service available and provisions for Applicant, at its cost, to supply the necessary sewer service must be worked out as a condition of granting this conditional use permit; water service is available but Applicant must put in sufficient lines to serve the use. It is to be noted that the City does have sewer and water late comers provisions that the Applicant may be desirous of requesting. - f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community, but Applicant must incur the cost of installing any water, sewer, or other utilities. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. 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, especially when two or more differing uses are proposed, 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 should be subject to development review guidelines. 7. That the Applicant shall also be required to do the following: a. Meet the requirements placed on the property during its annexation and zoning. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 14 • i b. Meet the requirements of the development agreement that was entered into by Applicant's predecessor in title. c. Meet the requirements and comments of the City Engineer, the Assistant to the City Engineer, and the Planning and Zoning Administrator and submit a landscape plan to her for approval. d. Meet the Ordinances of the~City of Meridian, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, Uniform Mechanical Code, the Fire and Life Safety Code, all parking and landscaping requirements. 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. f. Meet all of the representations. of the Applicant unless they are in conflict with the above requirements or City Ordinances. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and~Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTED G ~~ VOTED /~t~~.'~~'-1~ ~ ~ VOTED ~ ~~ ~`- VOTED i~ VOTED L ~~~ J ~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 15 r: DECISION AND RECOI~IENDATION The Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law, specifically resolving sufficient sewer and water service for all of Applicant's land included in this Application. MOTION: APPROVED, ~ ~~"/ DENIED .~. ~, j h~l% I ~~~' ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 16 MERIDIAN CITY COUNCIL MEETING: October 15 1996 APPLICANT: CONTRACTORS EQUIPMENT SUPPLY CO. ITEM NUMBER; 13 REQUEST• CONDITIONAL USE PERMIT FOR A JOHN DEERE DEALERSHIP AGE CY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS P 8~ Z MINUTES FOR 9-16-96 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS f G SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~' .gg ~l, ~U~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL CONTRACTORS EQUIPMENT SUPPLY COMPANY (CESCO)_ CONDITIONAL USE PERMIT LOT 1, BLOCdC 1. PLAYGROUND SUBDIVISION EAST OF LOCUST GROVE ON OVERLAND ROAD MERIDIAN, IDRHO pltA/T FINDINGS OF FACT AND CONCLUSIONS OF LAVi The above entitled conditional use permit applicata.on 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 fir 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, conclusions, or recommendations made herein that are in conflict ~nrith 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 states that there is plenty of 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 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 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 referenced in the paragraph below, Mr. McCreedy stated that he would prepare the money numbers and that Applicant desired to temporarily connect to the Bawer for three to five years. 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 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.- r- 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 should be subject to development review guidelines. 3. That 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 DECISION C~ The. Meridian .City ~ouncil 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 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 nsw or amended development agreements ±he Conditional Use Permit shall not be approved. MOTIOPi s APPROVED: DISAPPROVED: MERIDIAN CITY COUNCIL MEETING• (~ ~Y~''`' ~ ~/' / ~ ~~ APPLICANT: ~' ~~ CITY ENGINEER: CITY PLANN~iG DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: AGENDA ITEM NUMBER: ~~ Q5 ~` CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS dRRIGATION: IDAHO 'POWEI!t: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: C,- ~ J ~- GA ENCY COMMENTS CITY CLERK: • • BEFORE THE MERIDIAN CITY COUNCIL CONTRACTORS EQUIPMENT SUPPLY COMPANY (CESCOL CONDITIONAL USE PERMIT LOT 1, BLOCR 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 ? :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 ode 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 {..o 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 • • or not, and that the CITY did not have a time table for extension of the Five Mile Creek Seder 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 ar: 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. CONCLUSION8 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 deve~,opment 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. FINDINQrB 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 :oy 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 CONCLU3ION8 - 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: FINDIN(38 OF FACT AND CONCLUSIONS 7 • MERIDIAN CITY COUNCIL MEETING: November 19.1996 APPLICANT: CONTRACTORS EQUIPMENT SUPPLY CO. ITEM NUMBER; 4 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST FOR A JOHN DEERE DEALERSHIP AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENtRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS L '~ ~ C J~ ~~ " I ' ~ ~ ~ J~ ~P~~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING: Aril 1.1997 APPLICANT: ITEM NUMBER; 16 REQUEST: CESCO LATE COMERS AGREEMENT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: ~ J~/ MERIDIAN SCHOOL DISTRICT: ~, J~ ~~ MERIDIAN POST OFFICE: (~ ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: ~IAM~A FtIDIAN IRRIGATION: SET'~LERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. u May 3, 20Q2 MERIDIAN CITY COUNCIL MEETING May 7, 2002 APPLICANT ITEM NO. S' -- .~ REQUEST Development Agreement: ~ -- 2000 E. Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~~ OTHER: Contacted: Date: Phone: Materials presented al public meetings shpq become properly of the City of Meridian.