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HomeMy WebLinkAboutFindings MERIDIAN PLANNING & ZONING COMMISSION MEETING: FEBRUARY 13.1996 APPLICANT: AVEST LIMITED PARTNERSHIP AGENDA ITEM NUMBER: 18 REQUEST: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHEVRON C STORE. FUEL ISLANDS. CAR WASH AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: COMMENTS FORTHCOMING CITY ATTORNEY; 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 NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: ~~~ w a"k ~cl C~ ~k~ ~~~ INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~`~ `~M r/ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this -~~.~~day of ~~~~ 1996. ROLL CALL COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA VOTED VOTED VOTED VOTED,,.' MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROV - -VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~2Gti/~~i'~i~ QFFICIALS WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: ~ MEMBERS C HUB OF TREASURE VALLEY COUN IL A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE E C Y GLENN R. BENTL 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Pnblic WorksBuilding Departrnent (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor February 8, 1996 To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer Re: CHEVRON C-STORE, FUEL ISLANDS AND CAR WASH by Avest Limited Partnership (Request for Conditional Use Permit} I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: • GENERAL Any existing imgation/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, lateral users association or down stream users, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. We11s maybe used for non- domestic purposes such as landscape irrigation. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted for all off-street parking areas and shall be approved by the City Engineer (Ord. 557, 10-1-91). 6. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. CSTO1tE.P&Z N Mayor and Council February 8, 1996 Page 2 7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. ~ SITE SPECIFIC COMMENTS: Water service to the proposed facility shall be via existing mains installed as part of the Avest Plaza Subdivision. 2. Sewer service to the proposed facility shall be via an existing main installed in Dixie Lane adjacent to the east. 3. Assessment fees for water and sewer service are determined during the building plan review process. In addition to these assessments, Sewer and Water "Latecomers Fees" will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer lines to their current points. Applicant will be required to enter into a Re- Assessment Agreement with the City prior to the issuance of a building permit. csroxa.r~z OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATH A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Departrnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4-043 ROBERT D. CORRIE Mayor MEMORANDUM: To: Mayor, City Coun ' Planning & Zoning From: Shari Stiles, P&Z Administrator Re: CHEVRON C-STORE (Conditional Use Permit for Lot 7, Block 1, by Avest) COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY February 9, 1996 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 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. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. Proscriptive use of Dixie Lane must be continued until access is no longer needed 4. A minimum of one (1) three-inch (3") caliper tree is to be provided for every 1,500 square feet of asphalt. Twenty-six (26) such trees are required. Provide detailed landscape plan that includes sizes of plants for approval prior to obtaining building permit. Parking stalls are to be a minimum of 19' long with minimum 25' wide driveways. 6. A Certificate of Occupancy (CO) must be received prior to operation. This CO must be approved by the Building Department, Fire Department, and Planning & Zoning Department. 7. Coordinate accesses and roadway improvements with the Ada County Highway District. 8. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 9. Illumination of parking lot shall not result in glare or spillover to adjacent properties or traffic on Fairview Avenue. A:\CHEVRON.P&Z w ~~ 10. Provide temporary construction fencing to contain debris prior to obtaining building permits. 11. Abide by all conditions of the development agreement previously approved for this parcel. A:\CHEVRON.P&Z BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN CHEVRON C-STORE CONDITIONAL USE PERMIT LOT 7, BLOCK 1 OF AVEST PLAZA LOCUST GROVE AND FAIRVIEW MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use application having come on for consideration on February 13, 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 Petitioner appearing through its representative, Larry Durkin, 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 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 13, 1996, the first publication of which was fifteen (15) days prior to said hearing; that .the matter was duly considered at the February 13, 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 included in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 1 i • annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 4,000 square feet in size. 3. That the property is presently zoned C-G General Retail and Service Commercial (C-G); that the specific use for the property will be for a Chevron C-Store, providing a fuel island and a car wash, in addition to a drive-thru window located along the north side and generally accessed from the southeast, which application requires a conditional use permit. 4. That the General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C-G1 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 use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409. 6. That the property is located in the northeast corner of the Avest Plaza on Fairview Avenue just east of Locust Grove Road; that the application complies with the Meridian Comprehensive Plan. 7. That Avest Limited Partnership is the record owner of the above referenced property and has consented to the application and FINDINGS OF FACT AND CONCLUSIONS OF LAW -CONDITIONAL USE/CHEVRON Page 2 • s has requested this conditional use and the application is not at the request of the City of Meridian. 8. That the Meridian City Planning Director, Shari Stiles, the Assistant to the City Engineer, Bruce Freckleton, Police Department, Fire Department, the Ada County Highway District, Central District Health Department, and. the Nampa and Meridian Irrigation District submitted comments and they are incorporated herein as if set forth in full. 9. That Bruce Freckleton, the Assistant to the City Engineer, submitted comments; that any existing irrigation/drainage ditches crossing the property shall be tiled; that any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but wells may be used for non-domestic purposes such as landscape irrigation; that a drainage plan designed by an architect or an engineer shall be submitted for all off-street parking areas; that outside lighting shall be designed and placed so as to not direct illumination on any nearby residences; that all signage shall be in accordance with Meridian City Ordinances; that off-street parking, paving and striping, shall all be provided in accordance with City Ordinances; that sanitary sewer service shall be to the sewer line installed in Dixie Lane adjacent to the east; that water service to the proposed site shall be to the existing water line installed as part of the Avest Plaza Subdivision and that assessment fees for water and sewer service shall be determined during the building plan review process; that Late Comers fees will also be charged on FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 3 • • installing the water and sewer mains to help reimburse the parties responsible for installing the lines. 10. That the Planning and Zoning Administrator, Shari Stiles submitted comments and they are incorporated herein as if set forth in full as follows: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled by City Ordinance 11-9-605.M. ; that 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 within this project will have to be removed from their domestic service except that such wells are used for non- domestic purposes such as landscape irrigation. 3. That prescriptive use of Dixie Lane must be continued until access is no longer needed. 4. That a minimum of one (1) three-inch (3") caliper tree is to be provided for every 1,500 square feet of asphalt; that twenty-six (26) such trees are required and that a detailed landscape plan be provided that includes sizes of plants for approval prior to obtaining building permit. 5. Parking stalls are to be a minimum of 19' long with minimum 25' wide driveways. 6. That a Certificate of Occupancy must be received prior to operation and must be approved by the Building, Fire and Planning and Zoning Departments. 7. Coordinate accesses and roadway improvements with the Ada County Highway District and fire hydrant placement with the City of Meridian's Water Works Superintendent. 8. That illumination of the parking lot shall not result in glare or spillover to adjacent properties or traffic on Fairview Avenue. 9. That temporary fencing shall be provided to contain debris prior to obtaining building permits., FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 4 • 10. That all conditions of the Development Agreement previously approved for this parcel be complied with. 11. That the Ada .County Highway District (ACHD) submitted comments and they are incorporated herein as if set forth in full; that some site specific comments include the construction of a 5- foot wide sidewalk along Fairview. Avenue and pavement tapers for acceleration and deceleration at the loop road intersection with Fairview; that the loop road shall be a maximum of 37-feet wide at the intersection with Fairview; that a pedestrian/bike path along the site's east boundary be constructed and the southern driveway on the loop road shall be located a minimum of 50 feet north of Fairview Avenue and shall be constructed as a 24-foot wide driveway to be signed for a right-in/right-out only. 12. The Meridian Police and Fire Department Departments Central District Health Department, and the Nampa and Meridian Irrigation District submitted comments; that all such comments are incorporated herein as if set forth in full. 13. That Larry Durkin, the Applicant's representative, testified that this application included some modification to the north property line of this projects Lot 7; that some of Lot 8 was applied to Lot 7 creating a larger parcel for this structure. 14. Mr. Durkin stated that this project is a 4,000 square foot building with your typical convenience items and food items as well as the car wash and pumps; that on the northwest corner of this structure will be a drive through facility for picking up milk and things of that nature; that there will be a small sign in the FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 5 • • center of the structure and that the lighting is consistent with the overall lighting plan for the entire development. That Mr. Durkin stated that he would be happy to add a condition that the lighting by the same lighting program as the Fred Meyer parcel, which he feels is already consistent with the non-glare type lighting. 15. He also testified that the landscaping along Fairview Avenue is identical of the overall front of the whole center; that the landscaping plan will be aggressive, nice landscaping that will carry to the east corner of Lot 7 without any change; that since Lot 8 is to the north of this project and since a modification to the lot line between Lots 7 and 8, there is a cross easement and use agreement between Lot 7 and Lot 8; that these two properties will share access points and since Lot 8 is the last vacant parcel, the developer plans on building a facility that will be compatible with Chevron C-store. 16. Mr. Durkin testified that the ground water on the site is collected and automatically goes through a filtering system; that the car wash is filtered many times a day and the holding tank water is recycled and will go into the sewage system after it is completely filtered through the system. 17. That was no other testimony given. 18. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 6 • • 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 Title 67, Chapter 65, Idaho Code, and Section 11-2-418 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 set$ 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 to FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 7 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. The property will have to be furnished sewer and water service which shall be the responsibility of the Applicant. e. 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. 5. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Uniform Electrical Code, the Fire and Life Safety Code, all parking and paving requirements. 6. That all conditions and requirements of the Assistant to the City Engineer and City Planning Director shall be met .and complied with. 7 . That a conditional use 'far a drive-through window must be applied for and obtained. 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 HEPPER VOTED COMMISSIONER OSLUND VOTED yF`~+- COMMISSIONER SHEARER VOTED '~-` COMMISSIONER MacCOY VOTED rti_r~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW -.CONDITIONAL USE/CHEVRON Page 8 DECISION AND RECOI~II~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. MOTION : ~( ~ APPROVED/:\ r- DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 9 • ~ i MERIDIAN CITY COUNCIL MEETING: MARCH 19 1986 APPLICANT: AVEST ITEM NUMBER; 18 REQUEST; CONDITIONAL USE PERMIT FOR A CHEVRON C-STORE FUEL ISLANDS CAR WASH AND DRIVE THRU WINDOW AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDUVG DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS P A Z MINUTES FROM 2-13-96 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" V SEE ATTACHED COMMENTS /!N ~~ ~; ~ ~, ti v~ SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian.