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HomeMy WebLinkAboutFindings MERIDIAN CITY COUNCIL MEhTING: October 15 1996 APPLICANT: IDAHO YOUTH RANCH ITEM NUMBER; 14 REQUEST• CONDITIONAL USE PERMIT FOR A TH IFR T STORE AND FARMERS MARKET GENCY COMMENTS CITY CLERK: P & Z MINUTES FOR 9-16-96 CITY ENG{NEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: 'SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS r NAMPA MERIDIAN IRRIGATION: SEE ATTACHED GOMMENTS ¢ ~ LJ ~/.~~ ~ ~~ SETTLERS IRRIGATION: '/ ;/ GL IDAHO POWER: !~~ US WEST: ~'~' ~ INTERMOUNTAIN GAS: /'~f ~ ~~ J.~ BUREAU OF RECLAMATION, (1" f+' ~~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian BEFORE TAE MERIDIAN PLANNING AND ZONING COMMISSION CONDITIONAL USE PERMIT FOR THRIFT STORE AND FARMERS' MARKET IDAHO YOUTH RANCHI TNC , EAST FIRST AND KING STREET FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing September 16, 1996, at the hour of 7:30 o'clock p.m., a Petitioner's representative not appearing due to health reasons, ~. and the Planning and Zoning Director, Shari Stiles, presenting the Application, the•Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT ].. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the 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 cansidered 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 this property is located within the City of Meridian and the Applicant, Idaho Youth Ranch, Ina. is the owner of the property; that the property is described in the application which FINDINGS OF FACT AND CONCLUSIONS OF LAW - IDAHO YOUTH RANCH PAG$ 1 description is incorporated herein. 3. That the property is zoned Old Town, which requires a conditional use permit for the operation of a thrift store and farmers market. 4. That the Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: (OTl Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, and quasi- public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City Center. The District shall be served by Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. That the uses proposed by Applicant. is a specifically allowed conditional use as retail stores in the Zoning Schedule of Use Control, 11-2-409. 6. That the property had been the Foodtown Grocery Store, flower shop and gasoline distributor and is currently vacant. 7. That sewer and water is available to the property. 8. That the Applicant stated in the Application that the building is in need of some cleaning up, some minor repair to the concrete block, and painting; that landscaping with underground sprinklers, planters and asphalt and new sign will be completed FINDINGS OF FACT AND CONCLUSIONS OF LAW - IDAHO YOUTH RANCH PAGE 2 prior to opening; that the Applicant agrees to pay any additional. fees regarding trash, sewer, or water; that the Farmer's Market agrees to pay their portion for trash, sewer and water for their lot. 9. That Ms. Stiles, presented the application to the Commission and stated that the Applicant has submitted a straight forward project; that they are adding the parking and some landscaping that hasn't existed at the site before; that the Ada County Highway District has placed some restrictions on "in and aut" traffic because the Applicant plans to still use the existing pumps as part of their program plus probably open them to the public; that to the north of King Street, adjacent to this parcel, will be Hill's Farmers' Market; that the Applicant has agreed to staff's conditions and has agreed to be responsible for the roadway improvements and landscaping improvements that are a part of Hill's Farmers' Market; that the tanks have been tested and are planned to be used by the Idaho Youth Ranch; that the City will request a letter from the Health and Welfare or appropriate agency for approval to leave the tanks in place; that Hill's Farmers' Market is planning to erect on the parking lot adjacent to this parcel a building which is north of King Street, hook up to sewer and water and have their own parking lot; that at this time it is not known if the Applicant is planning to use the existing sign, however, for Hill's Farmers' Market and Mr. Hill's use of A frame signs, the City's expectations will be made known; that Mr. Hill is intending FINDINGS OF FACT AND CONCLUSIONS OF LAW - IDAHO YOUTH RANCH PAGE 3 to move the existing building from Fairview Avenue to the King Street location; that the building inspector will inspect the building and make sure that it is up to Code before an occupancy permit is obtained. 10. That Ms. Stiles added that the Idaho Youth Ranch agreed to let Mr. Hi11 come in as part of their conditional use permit to save Mr. Hill some money; that staff comments require that a 20 foot landscape strip on the Hill parcel and because of the use of the tanks by the Idaho Youth Ranch, they would have to meet the tree and landscaping requirements. 11. That the Meridian Planning and Zoning Administrator, Shari Stiles, and Assistant City Engineer, Bruce Freckleton submitted comments and they are incorporated herein as if set forth in full as follows: 1. That any existing irrigation/drainage ditches crossing the property shall be tiled. 2. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per Gity Ordinance, but 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 design of site drainage plan. 4. A11 paving, striping and signage of parking lot to ,be in accordance with Meridian City Ordinance and the Americans with Disabilities Act. All off- street parking spaces are to be paved. Parking stalls are to be 9'x 19' minimum with 25' driveways. 5. Submit a drainage plan designed by a State of Tdaho FTNDTNGS OF FACT AND CONCLUSIONS OF LAW - IDAHO YOUTH RANCH PAGE 4 licensed architect or engineer for all new off- street parking areas for approval by the City Engineer/Public Works Department. 6. Lighting shall not illuminate residential properties ,or cause glare problems, as determined by the City of Meridian. 7. Each applicant shall obtain certificates of occupancy prior to opening fnr business. 8. All signage shall be in accordance with the standards set forth in Section 11-2-4I5 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning & Zoning Department. Multiple A-frame signs are not desirable on East First Street. Sign permits are needed for all signage, 9. Coordinate fire access and hydrant locations with the City of Meridian's Water Superintendent and Meridian Fire Department policies. Any new fire hydrant locations shall be depicted on building plans. 10. Indicate any existing FSMA Floodplain Boundaries on the Site Plan Map, and/or any plans to reduce said boundaries. 11. All construction to be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. 12. That Bruce Freckleton and Shari Stiles submitted site specific comments and they include the following: 1. Sanitary sewer and water service to the Idaho Youth Ranch store is existing. Sewer for the proposed Hill's Farmers Market is currently located in the alley north of Osprey Hoats. Water is available from a main in King Street. 2. As East First Street is designated as an entrance corridor, particular attention must be paid to landscaping this frontage. Applicants for other projects have been required to maintain a minimum 20 foot (20') wide planting strip along East First Street. With continued use of the existing gas tanks proposed, the opportunity for landscaping is FINDINGS OF FACT AND CONCLUSIONS OF LAW - IDAHO XOIITH RANCH PAGE 5 very limited. However, since the Hill's Farmers Market sit is currently undeveloped, this 20 foot (20') wide planting strip is required. A minimum of one (1) three inch (3") caliper tree is required for every 1,500 square feet of pavement. All landscaping. and pressurized irrigation system shall be in place prior to .obtaining a certificate of occupancy. Appropriate bonding must be secured prior to temporary occupancy. 3. Provide Five foot {5') wide sidewalks on both sides of Ring Street and on East First Street in accordance with City Ordinance Section 11-9-506.B. Driveways are to meet the requirements of the Ada County Highway District (ACRD). 4. Any proposal for a supplementary connection form the City's water system to the pressurized irrigation system will need to be reviewed closely due to the size of the area to be watered. 5. If• significant changes from the plan submitted are made, additional hearings may be required at the City's discretion. The conditional use permit shall be subject to yearly review upon notice to the Applicant. All building plans are subject to detailed review. Applicant to submit remodeling plans for approval prior to construction. 6. Utility locations need to be included on the plan far approval by the Public Works Department. 7. 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. 8. Applicant shall supply the Public Works Department with anticipated sewer and water usage for analysis i.n determining whether additional assessment fees should be charged. A re-assessment agreement will be entered into with the Applicant prior to .issuance of a building permit. 13. That Central District Health Department, Meridian Fire Department, Meridian City Police Department and the Nampa Meridian Irrigation District submitted comments and they are hereby FINDINGS OF FACT AND CONCLUSIONS OF LAW - TDARO YOUTH RANCH PAGE 5 incorporated herein as if set forth in fu11. 14. That the Meridian Fire Department commented that all Codes will need to be met when remodeled and if the underground fuel tanks are not put to use they will need to be pulled out of the ground. 15. That the Ada County Highway District submitted comments and they are incorporated herein as if set forth in full; that the site specific comments are as follows: Northwest Parcel - Farmers market: 1. Replace the existing 27 foot wide curb cut an the northern parcel on East 1st Street with standard curb, gutter and concrete sidewalk to match existing improvements. 2. Construct standard vertical curb, gutter, 5 foot . wide concrete sidewalk and match paving on King Street abutting the parcel. Improvements shall be constructed to one-half of a 41 foot street section. 3. Eliminate the perpendicular parking proposed on the north side of King Street. The Applicant may construct 24 to 30 foot wide curb cuts if they are located a minimum of 50 feet west of East 1st Street and separated 50 feet from any existing or planned driveways on either side of Ring Street (this included the driveway listed in (10.) below} as measured from near edge to near edge. 4. Direct lot or parcel access to E. lst Street is prohibited. 5. Pave all driveways their full required width of 24 to 30 feet w~.de and to a point 30 feet beyond the .edge of pavement. Southwest Parcel - Idaho Youth Ranch Thrift Store 6. Reconstruct the existing 40 foot wide curb cut on E. 1st Street as a 20. foot wide curb return approach. This driveway shall be restricted to FINDINGS OF FACT AND CONCLUSIONS OF LAW - IDAHO YOUTH RANCH PAGE 7 entering vehicles only with appropriate signage. 7. Pave the alley abutting the site's south boundary - its full required width of I7 feet abutting the parcel (300 feet). 8. Construct sbandard vertical curb, gutter, 5 foot wide concrete sidewalk and match paving vn King - Street abutting the parcel. Improvements shall be constructed to one-half of a 41 foot street section. 9. 'The existing driveway on the south side of Ring Street, located approximately I5 feet west of E. 1st Street shall be approved as proposed provided the Applicant reconstruct the driveway as a 20 foot wide curb cut, restricted to exiting vehicles only with appropriate signage. I0. Construct a 24 to 30 foot wide curb cut on King Street, as proposed, located approximately 1$5 feet west of E. 1st. Street. 11. Pave all driveways their full required width of 24 . to 30 feet wide to a point 30 feet beyond the edge of pavement. 12. Other than the approved entrance only curb cut on E. 1st. Street, direct lot or parcel access to E 1st. Street is prohibited. 16. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 17. That no other testimony was offered regarding this application. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - IDAHO YOUTH RANCH PAGE $ within 304 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--65I2, Idaho Cade, and, pursuant to 1I-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. 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 but the Zoning Ordinance requires a conditional use permit tc, allow the use. 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. FINDTNG5 OF FACT AND CONCLUSIONS OF LAW - IDAHO YOUTH RprjCg PAGE 9 e. The property has sewer and water service available. 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. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental ta,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 is required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That the comments of the City Engineer, the Planning and Zoning Administrator, and Ada County Highway District must be met and complied with. 6. That all ordinances of the City of Meridian must be met, including but not limited to, the IIniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Uniform Electrical Code, the Fire and Life Safety Code, all parking and paving requirements. 7. That the structure on the property must be brought up to all Codes prior to issuance of an occupancy permit. FINDINGS OF FACT AND CONCr,USIONS OF LAW - IDAHO YOUTH RANCH PAGE 10 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} A VOTED~',~L VOTED ~ ~, ~~ ~~ VOTED L~' ~ :~ ~ ^ `~ VOTED ~ ~v:-~ ~l~ ~~~ ~~ VOTED L ~ ' If~~ ~ f DECISION AND RECOMMENDATION The Meridian Planning and Zoninq 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. MOTION: APPROVED : / ii°r~ l~l`~I~i, DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - IDAHO YOUTH RANCH PAGE I1