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HomeMy WebLinkAboutFindings MERIDIAN CITY COUNCIL MEETING: FEBRUARY 20 1996 APPLICANT: ITEM NUMBER; 12 REQUEST; N LOCUST GROVE ROAD WIDTH IMPROVEMENTS AT AVEST PROPERTY 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: 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 ~~~ ~'I~ ~~ ~&.~yJc c~"P~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~ ~ ~ • 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 • • 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--Ser-vice 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: jC-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 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 - • 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 ~isaistant 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 propertX_.-to be zncluded in this project, shall be tiled by--ei~y Ordinance 11-9-b05.M. ; that plans will need to be -`1 ~~ 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--t-he 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/CAEVRON 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 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 to FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 7 K 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 for 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"L COMMISSIONER SHEARER VOTED ~~ ~ '~ COMMISSIONER MacCOY VOTED ~'''~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 8 F • DECISION AND RECOMMENDATION 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/:\~~- DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 9 f. J • MERIDIAN CITY COUNCIL MEETING: APRIL 16.1996 APPLICANT: ITEM NUMBER;! REQUEST; AVEST LIMITED PARTNERSHIP• AVEST PLAZA LANDSCAPING 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 1~~~4~~ ~,y r~ ~9 ~~~ OTHER: AID Materials presented at public meetings shall become property of the City of Meridian. • MERIDIAN CITY COUNCIL MEETING: MAY 7 1996 APPLICANT: AVEST LIMITED PARTNERSHIP ITEM NUMBER; 7 REQUEST; AVEST PLAZA LANDSCAPING AGENCY COMMENTS CITY CLERK: CITY ENGINEER: 'r~ r~ "~' Y V CITY PLANNING DIRECTOR: 1 ~ „e ~ ~ joy CITY ATTORNEY: ~ ~ ~~ .~ ~~ 0 CITY POLICE DEPT: ~rQ~ <G~~ _ ~(~ C CITY FIRE DEPT: ~ ~ J ~'~~(/1 fJ"" '~ p ,~ ~ s~ CITY BUILDING DEPT: ~ ~ C~ HOOL DISTRICT: V' MERIDIAN SC ,~i~ ~~~I~ ~~ MERIDIAN POST OFFICE: / 'I _ ~' ~ o ~~ ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: /~ ~,`~ ,~ C CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: III Materials presented at public meetings shall become property of the City of Meridian.