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HomeMy WebLinkAboutFindings~ r BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION STEVE C. LYONS AND STEVEN J. BAINBRIDGE CONDITIONAL USE PERMIT FOR FULL SERVICE CAR WASH WITH-FUEL FACILITIES 835 E. FAIRVIEW AVENUE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on May 13, 1997, at the hour of 7:00 o'clock p.m., the Applicants appearing through their representative, Bob Daugherty, 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 of Law: FINDINGS OF FACT 1. 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 May 13, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 13, 1997, 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. The property is located within the City of Meridian at 835 E. Fairview Avenue, Meridian, Ada County, .Idaho. The property is described in the application which description is incorporated FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. LYONS AND BAINBRIDGE i herein. The Applicants are not the owners of record of the property. The record owners of the property are Lamont Kouba and. Lynn Kouba, husband and wife, and they have consented to the application for the Conditional Use Permit. 3. Pursuant to the application, the property is presently vacant. The proposed land use is to construct a full service car wash having two detail bays and a retail space with fuel facilities. The southern portion of the property will remain conceptual in nature and subject to the conditional use permit process prior to development. The Applicants agree to pay any additional sewer, water or trash fees or charges associated with the proposed use of the property. 4. The property is currently zoned (C-G) General Retail and Service Commercial. In the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Commercial, automobile washing facilities and automobile service stations are permitted uses on property zoned (C-G) General Retail and Service Commercial. However, pursuant to the ordinance adopted to annex and zone the property, the property can only be developed as a commercial planned development or under the conditional use permit process. Therefore, pursuant to the ordinance adopted for the annexation and zoning of the property, a conditional use permit for the operation of an automobile washing facility with fuel facilities on the property is required. 5. The (C-G) General Retail and Service Commercial district is described in the Zoning Ordinance, 11-2-408 B. 11 as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. LYONS AND BAINBRIDGE ,~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 highways 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. 6. Conditional Use Permit is defined .in the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 7. Bob Daugherty, a representative of the Applicant, testified substantially as follows. The property had been previously approved for a conditional use permit for a retail building. Since the grant of the prior conditional use permit, the owner of the property has entered into an agreement to sell the northern portion of the property to Mr. Lyons and Mr. Bainbridge, the Applicants. The Applicants desire to construct on the property a full service car wash facility with two detail bays and a retail space at the front of the car wash with fuel facilities. Although the presently proposed development and use of the property is different from that previously proposed, the Applicants believe the presently proposed development and use are acceptable under Meridian's Comprehensive Plan and an appropriate use for the property. The previously proposed development of the property consisted of the use of the full 3.98 acres of the property; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. LYONS AND BAINBRIDGE however, the Applicants propose to split off the northern .888 acres of the property for the presently proposed use. The Applicants will be granted an easement for parking on the southern portion of the property which property will be owned by the present owners of the property, Mr. and Mrs. Kouba. The Applicants do not have any problems with the comments from the City's staff. The Applicants believe they have met all of the required setbacks and other requirements for the proposed use. 8. Bob Daugherty further testified substantially as follows. The conditional use permit previously granted required cross access agreements to the east and to the west for the adjacent commercial property located along Fairview Avenue; namely, Roundtree Chevrolet and Meridian Auto Sales. With regard to this application, the Ada County Highway District recommends cross access easements to the property to the south. The Applicants have attempted to obtain clarification from the Ada County Highway District concerning its recommendations. The Applicants desire to continue the cross access agreements as originally recommended as part of the prior conditional use permit application. The Applicants have secured one cross access agreement for a 40 feet roadway easement on the parcel of property occupied by Roundtree Chevrolet, which property is owned by the Johnsons. The Applicants have made arrangements to grant the cross access easement to the west of the property occupied by Meridian Auto Sales. The Applicants do not believe they need to secure easements or agreements for cross access for the property located south of the property. The 40 feet easement FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. LYONS AND BAINBRIDGE • • extends the entire length of the property's eastern boundary and provides ample access for the southern portion of the property. Additionally, a 40 feet access for Fairview Avenue was originally designed, but the Ada County Highway District recommended this access be reduced to 36 feet. The Applicants have reduced this access to 36 feet; however, the Ada County Highway District now recommends an entryway that is 24 to 30 feet in width. The Applicants desire to have access for larger vehicles to the southern portion of the property. The Applicants anticipate Roundtree Chevrolet will develop the property located to the south of their current car lot. The Applicants maintain that additional traffic flow will warrant the 36 feet wide access from Fairview Avenue, which was previously approved and which the Applicants desire. With regard to the comment from the City's staff concerning sidewalk and curbing, the Ada County Highway District requested the deposit of money into the trust fund. However, based upon the Applicants' discussions with City staff, the City desires the construction of the sidewalks and curbs as part of the development of the property. The Applicants are willing to construct the sidewalks and curbs with the development of the property. 9. In response to a question from Chairman Johnson, Bob Daugherty testified substantially as follows. The sidewalk would be 150 feet in length, which is the entire frontage of the property along Fairview Avenue. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. LYONS AND BAINBRIDGE ~ ~ 10. In response to questions from Commissioner MacCoy, Bob Daugherty testified substantially as follows. The hours of operation will be from 8:00 a.m. to 8:00 p.m. The Applicants' discussions with City staff have related primarily to the conditions imposed under the conditional use permit previously granted. They do not anticipate a change in the conditions previously imposed. They previously addressed the issues concerning the lighting of the property. The primary concern with the lighting of the property was the impact upon the adjacent residential property from the lighting of the previously proposed buildings located at the southern portion of the property. Under the present proposal, the southern portion of the property will not be developed. The northern portion of the property will be developed. The future development of the southern portion of the property remains subject to the conditional use permit process. 11. With regard to the lighting of the northern portion of the property, Commissioner MacCoy commented that the lighting should be placed so as not to create a problem for the drivers on Fairview Avenue. Mr. Daugherty responded that he does not believe the Applicants would have any objection to entering into an agreement to eliminate or minimize the lighting impact upon Fairview Avenue. 12. In response to further questions from Commissioner MacCoy, Bob Daugherty testified substantially as follows. City staff had indicated that a fence along the southern portion of the property may be a requirement of the grant of the conditional use FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. LYONS AND BAINBRIDGE permit for this application. A chain link fence with slats was originally contemplated along the southern property line between the adjacent residential property and the property.. 13. In response to questions of Commissioner Borup, Bob Daugherty testified substantially as follows. The site plan for the development of the property is adjusted to accommodate the 35 feet setback, which causes the location of the fuel station to be moved slightly. The 40 feet roadway for the property is actually located on the property occupied by Roundtree Chevrolet. The specific location of the cross access easement to the west is dependent upon and will be determined based upon the future development and use of the southern portion of the property. The requirement for cross access for the property located south of the property would not necessarily be satisfied by the 40 feet roadway to the east of the property. There is a required 20 feet buffer strip between the property and the residential area located south of the property, so the 40 feet roadway does not connect to the property located south of the property. Because the proposed development and use of the property does not include the southern portion of the property, the Applicants do not believe the Ada County Highway District has fully examined the application. Further, because the southern portion of the property is not included in the proposed development and use of the property, the Applicants do not believe a cross access easement to the. residential property to the south should be a requirement of the requested conditional use permit. The property has ample access FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. LYONS AND BAINBRIDGE with the 40 feet roadway to the east of the property for purposes of the proposed development and use of the northern portion of the property. Further, he does not believe a cross access easement for the residential area located to the south is appropriate, because it would connect a definite commercial use with a residential use. There presently exists no specific plans for developing the southern portion of the property. The Applicants have every intention to construct the car wash and associated facilities at their earliest possible convenience. They have secured an architect who is presently working on the plans for the car wash and associated facilities. Upon securing approval from the City Council, they intend to start construction. 14. Commissioner Smith commented substantially as follows, with regard to the design of the site plan as presented. He has a problem with the location and design of the parking stalls along the 40 feet access roadway. As located and designed, the vehicles would back into the access roadway. If the southern portion of the property is developed, vehicles backing into the access roadway will create a traffic hazard. Further, the stacking space available to the vacuum bays and express lanes appears inadequate, especially for the volume of vehicles on Saturdays. As a result of a high volume, the line of vehicles would extend into the access roadway. 15. In response, Bob Daugherty responded and testified substantially as follows. The Applicants have taken Commissioner .Smith's concerns into consideration in the design of the site plan FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. LYONS AND BAINBRIDGE • given the limitation of available space. The Applicants believe ample space is available. There will be three lanes into the car wash, and there are staging areas in front of the vacuum bays, both of which provide ample space for the volume of vehicles. Additionally, the 40 feet access roadway is four lanes under the Ada County Highway District's standards. ,The Applicants' intention is to designate the parking spaces along the access road as employee parking. Consequently, there will be limited trips per day to and from those parking spaces. 16. In response to another question from Chairman Johnson, Bob Daugherty testified substantially as follows. The Applicants have determined that 15 vehicles could be stacked in the three staging areas before the vacuum bays and another six vehicles in the area entering the car wash tunnel. 17. Bob Daugherty further testified substantially as follows. With regard to the requirements from the DEQ (Idaho Department of Health and Welfare, Division of Environmental Quality), the only thing which needs to be completed is hard surfacing the area, which will be accomplished with the construction of the car wash and associated facilities. 18. Joe Numbers, a representative of the Applicants, testified substantially as follows. The structural shell of the proposed building is metal. The north and east sides of the building will be faced with concrete masonry units (CMU) . A glazed the will be used as a trim or as~an accent piece. Along the bottom of the front of the building, a split face CMU would be used FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. LYONS AND BAINBRIDGE • which will be ribbed with a CMU band to meet the metal awnings in the-front. The remainder of the building would be a smooth faced _CMU block. 19. In response to questions of Commissioner MacCoy, Joe Numbers testified substantially as follows. The walls on either side of the car wash tunnel will be of CMU block. The CMU block has good sound attenuation properties. There will also be a fiberglass shield over the top which is designed primarily to shield the structural components from the water. With regard to the noise from the car wash equipment, he does not believe the noise is very much, although he would defer a specific response to the Applicants' representative from the car wash equipment supplier. .However, the location of the proposed building is set back approximately 90 to 100 feet from Fairview Avenue. 20. Commissioner MacCoy commented that the Commission is concerned with a facility becoming a nuisance to the community. 21. Joe Numbers further testified substantially as follows. The Applicants are considering a 50's type of theme for the car wash facility. The design of the building accommodates the display of antique cars. Also, there is a small 17 feet in diameter patio area. The Applicants anticipate placing tables and awnings in the patio area to provide the customers a nice location to wait, which provides a visually attractive scene from Fairview Avenue. 22. In response to questions of Commissioner Smith, Joe Numbers testified substantially as follows. Two faces of the proposed building will be fully constructed of CMU. The walls FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. LYONS AND BAINBRIDGE along the west and south sides of the proposed building will be constructed of metal and CMU. He anticipates that a portion of the CMU will be painted either white or an off white. .The trim is a glazed blue CMU. 23. Bob Daugherty further testified substantially as follows. The actual vacuum units will be housed within the proposed building and ducting would run from inside the building to the vacuum bays. The location of the vacuum unit within the building should reduce the noise quite a bit. 24. In response to a question of Chairman Johnson, Bob Daugherty testified substantially as follows., To his knowledge the Applicants have no intention of installing any type of loud speaker system. 25. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted general and site specific comments, which comments. are. incorporated herein as if set forth in full. Their comments included that the property was annexed last year with an application by Lamont Kouba. A conditional use permit was granted for a retail space with some office/warehouse space on the southern portion. Their general comments included the following: a. Any existing irrigation/drainage ditches crossing or adjoining the subject property shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped are to be shown on the development plans. Plans will need to be approved by the appropriate irrigation/d=ainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. LYONS AND BAINBRIDGE • b. Any existing domestic wells and/or septic systems within the 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; c. The Applicants will need to 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; d. The Applicants will need to provide fire access and hydrant- locations in accordance with the Uniform Fire Code and Meridian Fire Department policies. Any needed fire hydrant will need to be in place ,and activated prior to issuance of a building permit; e. The Applicants will need to coordinate dumpster site locations with the City's solid waste contractor, and located dumpsters so as not to impede fire access. All dumpsters are to be provided with a screened enclosure; f. A minimum thirty five feet landscape setback beyond future right-of-way is required. The Applicants are to provide a detailed landscape plan including berming details for approval prior to obtaining building permits. Sidewalk/curbing should be installed along Fairview Avenue to provide a finished appearance. Ada County Highway District has requested that money for the sidewalk be deposited into a trust; g. The Applicants are to provide curbing and underground sprinkler system for all landscaped areas; h. The Applicants are to provide temporary fencing to contain debris during construction; i. All paving, striping and signage of parking lot is to be in accordance with Meridian City ordinances and the Americans with Disabilities Act; j. Lighting shall not illuminate adjacent residential properties or cause glare, as determined by the City of Meridian; k. A development agreement outlining detailed conditions of approval was a condition of annexation. All uses shall be developed under the conditional use permit process; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. LYONS AND BAINBRIDGE • 1. 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. All signage shall receive design approval of the Planning and Zoning Department. A-frame and other temporary signs will not be permitted and will be removed upon three days notice to the Applicants. Sign permits are needed for all signage; m. Any new construction shall be in compliance with the Americans with Disabilities Act-and all required Uniform Codes; and n. The Applicants are to provide a revised site plan meeting all staff and agency requirements prior to public hearing before the City Council. Their site specific comments included the following: a. Sanitary sewer service to this development shall be from an existing main that is in place along the west side of the site. The Applicants shall be responsible to construct the sewer mains to and through this proposed development. The Applicants are to coordinate sewer main sizes and locations with. the City of Meridian Public Works Department. Development plans shall be reviewed and approved through the Public Works Department. b. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by this proposed development. The Applicants have preliminarily discussed using an .existing well on the site for use in the car wash. If this is done, with the approval from Idaho Department of Water Resources, a meter will need to be installed to measure actual contribution to the sewer system. The Applicants shall enter into a reassessment agreement for sewer and water fees prior to obtaining a building permit; c. Water service to this development shall be from an extension of the existing eight inch diameter main installed along the southerly side of Fairview Avenue. The Applicants are responsible for extension of water service to and through this development. Water service to this development is contingent upon positive results from a hydraulic analysis by the City's computer model. The Applicants are to coordinate routing with the Meridian Public Works Department. Water lines shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. LYONS AND BAINBRIDGE • • located on the north and east sides of the roadway centerlines; d. Pressurized irrigation is to be provided per City ordinance. Any proposal for a supplementary connection from 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. The Applicants shall provide a statement as to the ownership of, and operation and maintenance of the pressurized irrigation system; e. The Applicants are to dedicate four additional feet of right-of-way on Fairview Avenue, 54 feet from the centerline. The Applicants are to furnish a copy of recorded warranty deed for dedication of additional right-of-way prior to applying for building permits; f. The Ada County Highway District policy requires that access from Fairview Avenue to this development be located on the east side, and ,that cross access agreements be entered into for the properties east and west of the property; g. Eighteen three-inch caliper trees are required for this development. Trees may not be located over the existing sewer line or over other utilities. A detailed landscaping plan, including sizes and species, will need to be submitted for approval with the building permit application; h. The Applicants are to submit a copy of the recorded easement agreement for access from the Roundtree Chevrolet property and to the southern portion that is not being developed at this time; i. The Applicants are proposing to split the Fairview frontage property from the remainder of the parcel. This parcel is eligible for a one-time split; however, the proposed split will leave the back portion with no legal frontage. The Meridian City Council will have to approve of the private roadway concept and actual splitting of the property; and j. The Applicants are to indicate any existing FEMA floodplain boundaries on the site plan map, and/or any plans to reduce said boundaries. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. LYONS AND BAINBRIDGE 20. The Ada County Highway District submitted comments on the subject application, which comments are incorporated herein as if set forth in full. Its comments included the following: a. The Applicants are to dedicate 54 feet of right-of- way from the street centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit, or other required permits, whichever occurs first. The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone.. If the owner wishes to be compensated for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. The value of the right-of-way will be offset against road impact fees that will be payable before a building permit is issued; b. The Applicants are to pave the driveway easement abutting the site's east boundary its full required width to at least 30 feet beyond the new right-of-way of Fairview Avenue and install pavement tapers with 15 feet radii abutting the existing roadway edge; c. The Applicants are to provide a recorded cross access easement for the parcels to the south to use the property for access to the public streets prior to issuance of a building permit or other required permits; d. The Applicants are to locate a 30 to 36 feet wide driveway on site from the 40 feet easement a minimum of 40 feet south of the new right-of-way of Fairview Avenue; e. The Applicants are to construct a five feet wide concrete sidewalk on Fairview Avenue abutting the parcel, and locate -the sidewalk one foot within the new right-of- way of Fairview Avenue; f. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the Ada County Highway District; and g. Other than access point(s) specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. LYONS AND BAINBRIDGE • 21. The Meridian City Police Department and the Meridian Fire Department submitted comments, which respective comments are incorporated herein as if set forth in full. 22. The Meridian Sewer Department submitted comments, which comments are incorporated herein as if set forth in full. Its comments included that the project will require coordination with the Meridian Sewer Department and the pretreatment program during construction and operation. 23. Central District Health Department submitted comments which comments are incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve the proposal for central sewage and central water; that runoff is not to create a mosquito breeding problem; and that it recommends stormwater run-off flow into a grassy Swale before discharging to the subsurface. 24. The Nampa & Meridian Irrigation District submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. The Nampa & Meridian Irrigation District's Five Mile Drain courses through the southwest corner of the project. The right-of-way of the Five Mile Drain is 100 feet; 50 feet from the center each way. The Applicants must contact the Nampa & Meridian Irrigation District for approval before any encroachment or change of right-of- way occurs; b. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting;. c. All laterals and waste ways must be protected; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. LYONS AND BAINBRIDGE . • d. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans; e. The developer must comply with Idaho Code Section 31-3805; and f. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 25. There were no other comments by the public regarding this application. CONCLUSIONS OF LAW 1. 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 Applicants' property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of 'the Zoning and Development Ordinance of the City of Meridian. 3. The City of Meridian has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. LYONS AND BAINBRIDGE properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The Planning and Zoning Commission judges this application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Zoning and Development Ordinance of the-City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. Section 11-2-418 C of the Zoning and Development Ordinance 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. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. LYONS AND BAINBRIDGE i • a. Although an automobile washing- facility with fuel facilities are permitted uses on property zoned (C-G) General Retail and Service Commercial, pursuant to the ordinance adopted to annex and zone the ,property, the property can only be developed as a commercial planned development or under the conditional use permit process. Therefore, pursuant to the ordinance adopted for the annexation and zoning of the property, a conditional use permit-for the operation of an automobile washing facility with fuel facilities on the property would, in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance; c. The use is designed and is, apparently, to be constructed so as to be harmonious in appearance with the character of the general vicinity. If the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions 'are met; however, traffic may increase, but the development will have a vehicular approach to the property which shall be designed to decrease interference with traffic on surrounding public streets; e. The Applicants shall be able to provide adequately for the essential public facilities and services such as .streets, police and fire protection, drainage structures, refuse disposal, water and sewer, but Applicants may have to pay additional fees for the use; 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. If the conditions are met, the use should 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, noise, smoke, fumes, glare or odors; h. The Applicants will cause the property to have a vehicular approach which shall be designed as not to create an interference with traffic on surrounding. public streets, and sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. LYONS AND BAINBRIDGE • • i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. As conditions may be placed upon the granting of a conditional use permit to minimize adverse- impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of the grant of the conditional use be required, to-wit: a. The conditional use,. pursuant to the Zoning and. Development Ordinance, shall not be transferable to another owner of the subject property or to another property; b. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicants, for violation of any conditions imposed herein and other conditional use applications;. c. The Applicants shall meet the requirements of the City Engineer's office and the Planning and Zoning Administrator, which include the following: 1. Any existing irrigation/drainage ditches crossing or adjoining the subject property shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped shall be shown on the development plans. Plans must be approved by the appropriate irrigation or 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 the project will have to be removed from their domestic service per City Ordinance Section 5-7-517; however, wells may be used for non- domestic purposes such as landscape irrigation; 3. The Applicants shall 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. The Applicants shall provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department's policies. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. LYONS AND BAINBRIDGE ~ ~ Any needed fire hydrant(s) shall be in place and activated prior to issuance of any building permit(s); 5. The Applicants shall coordinate dumpster site locations with the City's solid waste contractor, and locate dumpsters so as not to impede fire access.- All dumpsters are to be provided with a screened enclosure; 6. A minimum thirty five feet landscape setback beyond the future right-of-way shall be required. The Applicants shall provide a detailed landscape plan including berming details for approval by the City prior to obtaining building permits. Sidewalk and' curbing shall be installed along Fairview Avenue; 7. The Applicants shall provide curbing and underground sprinkler system for all landscaped areas; 8. The Applicants shall provide temporary fencing to contain debris during construction; 9. Ail paving, striping and signage of parking lot(s) shall be in accordance with Meridian City ordinances and the Americans with Disabilities Act; 10. Lighting shall not illuminate adjacent residential properties or cause glare, as determined by the City of Meridian; 11. As a development agreement outlining detailed conditions of approval was a condition of annexation, all future uses or development of the property, whether the northern portion or the southern portion, shall be developed under the conditional use permit process; 12. 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. All signage must receive design approval from the Planning and Zoning Department. A-frame and other temporary signs shall not be permitted and will be removed upon three days notice to the Applicants. .Sign permits shall be required for all signage; 13. Any construction shall be in compliance with the Americans with Disabilities Act and all required Uniform Codes; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. LYONS AND BAINBRIDGE 14. The Applicants shall be responsible for the construction of the sewer mains to and through the development. The Applicants shall coordinate sewer main sizes and locations with the City of Meridian Public Works Department. Any development plans shall be submitted to the Public Works Department for its review and approval; 15. As the treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated, the approval of this .application shall be contingent upon the City's ability to accept the additional sanitary sewage generated by this development; 16. If the Applicants receive approval from the Idaho Department of Water Resources to use an existing well on the site in the car wash, the Applicants shall install a meter to measure actual contribution to the City's sewer system; 17. The Applicants shall enter into a reassessment agreement for sewer and water fees prior to obtaining a building permit(s); 18. The Applicants shall be responsible for the extension of water service to and through the development. Water service to this development shall be contingent upon positive results from a hydraulic analysis by the City's computer model. The Applicants shall coordinate routing of the water service lines with the Meridian Public Works Department. Water lines shall be located on the north and east sides of the roadway centerlines; 19. Pressurized irrigation shall be provided per City ordinance. The Applicants shall provide a statement as to the ownership, operation and maintenance of the pressurized irrigation system; 20. The Applicants shall dedicate four additional feet of right-of-way on Fairview Avenue, 54 feet from the centerline. The Applicants shall furnish to the City a copy of the recorded warranty deed for or other documentation evidencing the dedication of additional right-of-way prior to applying for .building permits; 21. Eighteen three-inch caliper trees shall be required for this development. Trees shall not be located over the existing sewer line or over other FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22. LYONS AND BAINBRIDGE utilities. A detailed landscaping plan, including sizes and species, shall be submitted to the City for approval with any building permit application; 22. The Applicants shall submit a copy of the recorded easement agreement for access from the Roundtree Chevrolet property and to the southern portion of the property which is not being developed at this time; 23. The Applicants proposal to split the northern or Fairview frontage property from the remainder of the property and the concept of a private roadway shall be subject to approval .by the Meridian City Council; and 24. The Applicants shall provide information of any existing FEMA floodplain boundaries on the site plan map, and any plans to reduce such boundaries. d. The Applicants shall meet the requirements of the Meridian Police Department, Meridian Fire Department, Meridian Sewer Department, Central District Health Department, and the Nampa & Meridian Irrigation District. e. The Applicants shall meet the requirements of the Ada County Highway District, .which include, but are not limited to the following: 1. The Applicants shall dedicate 54 feet of right-of- way from the street centerline. of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit, or other required permits, whichever occurs first; 2. The Applicants shall pave the driveway easement abutting the site's east boundary its full required width to at least 30 feet beyond the new right-of- way of Fairview Avenue and shall install pavement tapers with 15 feet radii abutting the existing roadway edge; 3. The Applicants shall provide a recorded cross access easement for the parcels to the south to use the property for access to the public streets prior to issuance of a building permit or other required permits; 4. The Applicants shall locate a 30 to 36 feet wide driveway on site from the 40 feet easement a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23. LYONS AND BAINBRIDGE minimum of 40 feet south of the new right-of-way of Fairview Avenue; 5. The Applicants shall construct a five feet wide concrete sidewalk on Fairview Avenue. abutting the parcel, and locate the sidewalk one foot within the new right-of-way of Fairview Avenue; and 6. Other than access point(s) specifically approved by the Ada County Highway District, direct lot or parcel access to Fairview Avenue is prohibited. f. The Applicants shall provide a revised site plan meeting all staff and agency requirements prior to public hearing before the City Council. 9. The above-conditions are concluded to be reasonable and the Applicants shall meet these conditions. 10. It is recommended that if the Applicants meet the conditions stated above, that the conditional use permit be granted to the Applicants. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER SMITH COMMISSIONER MACCOY COMMISSIONER MANNING CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24. LYONS AND BAINBRIDGE DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicants for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water-and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicants by the City. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25. LYONS AND BAINBRIDGE ~ f • • MERIDIAN CITY COUNCIL MEETING: June 17.1997 APPLICANT: STEVE LYONS 8 STEVEN BAINBRIDGE ITEM NUMBER; 6 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CAR WASH WITH FUEL FACILITIES 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: COMMENTS MINUTES OF 5-+~-97 P ~ Z 13 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS ~,,~- a ~ S~~ l ~~ ~ NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENT SETTLERS IRRIGATION: (J ,~^{ ~ ~t ~'~ 1. IDAHO POWER: .v,; ~ .` ~ EST: `/ ~ (}~ US W ~~ INTERMOUNTAIN GAS: ~ YL I BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • ~• MERIDIAN CITY COUNCIL MEETING: Julv 1.1997 q APPLICANT: STEVEN BAINBRIDGE ITEM NUMBER;_~' ` REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT 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 G °I~ ~ rB~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ici~:nestcL JVtiN~VN AND LAMONT ROUBA ANNERATION AND ZONING WITH A CONDITIONAL USE PERMIT 835 E. FAIRVIEW AVENUE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on May 14, 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, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant's representative, Bob Daugherty, appearing in person, 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 May 14, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at May 14, 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 - JOHNSON-ROUBA PAGE - 1 ~,~ annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 3.87 acres in size. 3. That the property is presently zoned by the county as R-T (Rural Transition); that the Applicant requests that the property be zoned General Retail and Service Commercial (C-G), and has requested a conditional use permit to allow the construction of a commercial facility with two (2) initial retail sales tenants; that one (1) tenant would be Extreme Sports, a Jet Ski Retailer, the other would be Treasure Valley Auto Parts, an auto parts retailer, both would be providing sales and service; that there will be an expresso/lunch shop; that these proposed retailers would be located in the first building, which would front on Fairview Avenue and be of concrete block construction. 4. That currently the property has a single family house with various out-buildings, a large asphalt parking area and the balance of the property is pasture; that the Applicant proposes removing the house and out-buildings. 5. That upon completion, and as demand requires, the Applicant proposes the construction of two (2) additional "R & M Steel Buildings"; that these two constructed buildings will be towards the rear of the property; that the anticipated tenants will be geared towards the auto service industry, such as, an auto detailing shop, muffler/welding shop, and recreational vehicle repair shop. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 2 • • 6. The general area surrounding the property is used primarily for commercial purposes; that the property to the north is being developed by AVEST PLAZA for the Fred Meyer shopping center; that this property is situated between Meridian Auto Sales and Roundtree Chevrolet, which are zoned commercial. 7. That the property is adjacent and abutting to the present City limits; that the property surrounding this lot is in Meridian. 8. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian; that the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That Lamont and Lynn Kouba, of Meridian, Idaho, are the owners of the property and have requested this annexation and zoning and conditional use and the application is not at the request of the City of Meridian. 10. That the property could be physically serviced with City water and sewer. 11. Applicant's representative, Bob Daugherty, testified that this application is for a proposed commercial development which would be primarily geared towards the automotive and recreational industries; that the initial site plan reflected an entry on the west side of the property; that after conversations with the Ada County Highway District (ACRD), they suggested moving the entry to FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-KOUBA PAGE - 3 the east side of the property which would be next to the Roundtree Chevrolet dealership; that the new site plan indicates, as did the old site plan, that on the west side of the property it is bordered by Meridian Auto Sales and on the east side of the property is Roundtree Chevrolet; that directly to the south of the land is vacant property; that on the southeast side of the land is Danbury Subdivision; that on the southwest corner of the property is the Five Mile Creek Drainage; that the initial building in the front would be a block building and the rear buildings would be constructed of R and M Steel; that the belief is that this facility will fit in this area; that the five foot sidewalk, mentioned in staff's comments to connect to the sidewalk on Fairview Avenue, is addressed in the Ada County Highway District's impact fees; that the 35 foot setback along the main corridor of Fairview Avenue is anticipated to be bermed and landscaped. Mr. Daugherty added that there are two wells currently on the property; that the Applicant expects to abandon one and anticipates using the other for the pressurized irrigation system; that the R and M Steel buildings will be constructed and divided up with partitions according to demand, separating them for individual uses. 12. Commissioner Hepper commented that Roundtree does not have any service doors facing south towards Danbury Fair Subdivision and that he is concerned about what is marked as N, 0, P and Q, where the service doors on those would be in relationship FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-KOUBA PAGE - 4 to the entrances to Danbury Fair Subdivision; that there should be at least a 20 foot planting strip on the south with non-glare lights and no outside speakers which could be obtrusive to the residents on the other side of the fence. 13. Commissioner MacCoy commented that the Applicant consider building mounted lights which are shielded so you don't have lighting way out into the back end which would create a problem. 14. Diana Boyd testified regarding her concern of contamination; that the Applicant is a little premature in trying to get this property rezoned to commercial until the contamination is cleaned up; that she has spent a lot of money in trying to get Mr. Kouba to clean up the contamination; that it has not been cleaned up on her area which is contaminated from his side of the fence because it was a spray service; that benzine and chloradine are on her side of the fence which has not been cleaned up; that the Applicant has a beautifu]1Ylaid out plan but she doesn't think it is going to look like the plot looks. 15. Bob Daugherty added that the concerns over contamination are legitimate concerns; the Department of Environmental Quality (DEQ) that was investigating the area and the property; that he is certainly willing to have this annexation and zoning and conditional use permit contingent on having a clean bill of health from the State of Idaho Department of Environmental Quality. In addition, he has elected not to even try to put in an auto body shop and would have no~ problems with required conditional use for FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-KOUBA PAGE - 5 • i all uses. 16. Eleanor and Rod Johnson testified that they own the property on which Roundtree Chevrolet sits, which L. B. Industries is leasing, and the property to the east of Mr. Kouba's property which is one full acre to the back along the canal bank; that the fence line has been moved; that they don't want access across their property. 17. That the Meridian Police Department, Fire Department, Assistant to the Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District submitted comments; that those comments are incorporated herein by this reference as if set forth in full. 18. That Bruce Freckleton, the Assistant to the City Engineer, submitted the following comments: 1. That a legal description submitted appears to describe the subject parcel, however there appears to be an error in the closure. 2. That the site will be contiguous to several parcels already within the Corporate City Limit and that the land surveyor preparing the legal description for Annexation should contact the Public Works Department to discuss the legal description. 3. That any. existing irrigation/drainage ditches crossing the property shall be tiled. 4. 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. 5. That water service is contingent upon positive results from a hydraulic analysis. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 6 • • 6. That a drainage plan designed by an architect or an engineer shall be submitted for all off-street parking areas. 7. That outside lighting shall be designed and placed so as to not direct illumination on any nearby residences. 8. That all signage shall be in accordance with Meridian City Ordinances 9. That off-street parking, paving and stripping, shall all be provided in accordance with City Ordinances and that the paving and striping shall be in accordance with the Americans with Disabilities Act. 10. That water service to this development shall be from an extension of the existing 8 inch diameter main installed along the southerly side of Fairview Avenue; that all water mains shall be installed at subdivider's expense; that location of fire hydrant, water main sizes and locations shall be coordinated with the City of Meridian's Water Works Superintendent; that Development plans shall be reviewed and approved through the Public Works Department. 11. That sewer service to this development shall be from an existing main that is in place along the west side of the site; that all sewer mains shall be installed at subdivider's expense and coordinate sewer main sizes and locations with the Public Works Department; that Development plans shall be reviewed and approved through the Public Works Department. 12. That the treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated; that approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by this proposed development. 13. Indicate any existing FEMA Floodplain Boundaries on the Site Plan Map, and/or any plans to reduce said boundaries. 14. That the Applicant shall develop pressurized irrigation system plans for the subject site due to the area to receive irrigation. 19. That the Planning and Zoning Administrator, Shari Stiles, FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 7 r ~ submitted comments and they are incorporated herein as if set forth in full, as follows: 1. That this request for Annexation and Zoning of C-G with a Condition Use Permit is consistent with the Meridian Comprehensive Plan and is located in a Mixed- Planned Use Development area as shown on the Generalized Land Use Plan. 2. Ada County Highway District policy requires that access from Fairview to this development be located on the east side and that cross access agreements be entered into for the properties east and west of this parcel; that the site plan may be able to be flopped to accommodate this requirement. 3. Provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department policies. 4. Fifty-four (54) three-inch (3") caliper trees are required for this development, but may not be located over the existing sewer line or over other utilities as depicted; Applicant shall revise landscaping to relocate trees. 5. Provide a copy of the executed license agreement with Nampa-Meridian Irrigation District to allow planting within their easement right-of-way prior to obtaining. building permits. If trees are not allowed in this easement, trees shown will need to be relocated. 6. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc., so as not to impede fire access and all dumpsters shall be contained in a screened enclosure. 7 . Dedicate four ( 4 ) additional feet of right-of-way on Fairview Avenue (54' from centerline). Furnish a copy of recorded warranty deed for dedication of additional right-of-way prior to obtaining building permits. 8. Provide a thirty-five (35') foot landscape setback beyond required right-of-way. Applicant to provide detailed landscape plan including berming details for approval prior to obtaining building permits. Sidewalk/curbing should be installed along Fairview Avenue to provide finished appearance. ACHD has requested that monies for the sidewalk be deposited into FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 8 a trust. 9. Applicant to provide curbing and underground sprinkler system for all landscaped areas. 10. Maintain twenty-foot (20') buffer strip adjacent to Danbury Fair Subdivision as shown on plan. The R-T property to the south may also require additional buffering by means of fencing/landscaping. 11. Provide temporary fencing to contain debris during construction. 12. That all paving, striping and signage of the parking lot to be in accordance with Meridian City Ordinance and the Americans with Disabilities Act. 13. Lighting shall not illuminate adjacent residential properties or cause glare. 14. A development agreement/detailed conditions of approval are required as a condition of annexation; that all uses should be developed under the conditional use permit process. 15. That the Applicant shall provide a revised site plan meeting all staff and agency requirements prior to public hearing at City Council level. 20. That the Ada County Highway District submitted comments and they are incorporated herein as if set forth in full. That the District submitted site specific requirements, which are as follows: 1. That the Applicant dedicate 54 feet of right-of-way from the centerline of Fairview Avenue abutting the parcel (4 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits). 2. Provide a $1,275.00 deposit to the Public Rights-of- Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel (approximately 150 feet). 3. Construct a 36' wide driveway located at this site's FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 9 east property line. The driveway shall be paved a minimum of 30 feet into the site and shall have 15 foot radii pavement tapers. 4. That the Applicant be required to provide cross access easements to the parcels abutting the site's east and west ( the parcel south of Meridian Auto Sales ) to use shared access points for access to Fairview Avenue, prior to issuance of a building permit or other required permits. The District intends to require a similar agreement of the owners of the parcels to the east and west if they are the subject of a future development application. 5. Other than the access point specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. 21. That the Sewer Department submitted a comment regarding the conditional use request and such comment is hereby incorporated herein as if set forth in full; that a copy of the internal plumbing plans be submitted; that review of construction plans for pretreatment purpose will be required. 22. That the Water Department commented that the plans for the proposed water main, fire hydrants and domestic service locations and sizes need to be submitted to the Water Department and reviewed. 23. That Commissioner MacCoy submitted statements regarding this application and they are hereby incorporated herein as if set forth in full; he commented he had no objection to this property being rezoned to C-G in light of what is already so zoned and constructed along Fairview Avenue; that he does object to the property to the south being zoned C-G in light of other County R-T located there. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 10 i 24. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. B. Under LAND USE 5. MIXED-PLANNED USE DEVELOPMENT, Page 28 Mixed-use Area at Locust Grove Road and Fairview Avenue Plus Area North of Fairview Avenue. These areas are within Ada County, but nearly surrounded by the City of Meridian. The area is characterized by large rural lots, and a sparse development pattern. In order to stimulate planned development in these areas, the following policies apply: a. 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. b. 5.17U A variety of coordinated, planned and compatible land uses are desirable for this area, including low-to-high density residential, office, light industrial and commercial land uses. c. 5.18U Existing residential properties will be protected from incompatible land use development in this area. Screening and buffers will be incorporated into all development requests in this area. C. Under COMMUNITY DESIGN, at Page 71 1. Entryway Corridors 2. Fairview Avenue (East entrance). FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-KOUBA PAGE - 11 3. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Policies, Page 71 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 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 4. Neighborhood Identify Goal Policies, Page 72 a. 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. 25. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a commercial area; that the commercial area is in an area that is listed as a Mixed/Planed Use Development area. 26. That the requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C-G)_ General Retail and Service Commercial: The purpose of the (C-Gj 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOSNSON-ROUBA PAGE - 12 • • 27. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that individual department stores, retail stores, restaurants, and wholesale facilities, are allowed uses in the C-G district; that planned commercial developments, are an allowed use in the C-G district. 28. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." 29. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 13 • • that the City of Meridian is concerned with the- increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provides school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 30. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 31. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary. to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 32. That Section 11-9-605 G 1. states as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 14 • "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. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 33. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 34. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 35. As stated above in Paragraph 3, the Applicant submitted an application for a conditional use to allow commercial retail sales businesses catering to recreational and auto industries; that such material on the conditional use permit is incorporated herein by this reference as if set forth in full; that the Applicant did not specifically address the conditional use for the wholesale/retail business at the public hearing; that as found above, the Planning Director stated that the Applicant needs to provide a minimum landscape setback of 35 foot from the required ACHD right-of-way; that all outdoor storage of equipment and materials shall be screened from view from any existing adjoining residence or residentially zoned area and not located in any front FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 15 ~ r yard setback area; that the display area shall be uncluttered; that all off-street parking areas and all ditches be tiled per City Ordinance; that the lighting shall not cause glare or adverse impact to residential properties or traffic on Fairview Avenue; that a development agreement shall be required as a condition of annexation; that a Certificate of Occupancy is required prior to opening for business and that the location of the handicapped parking stall be adjacent to the building. 36. That there are commercial uses on both sides of Fairview, including a used car lot, a retail paint store, a fitness center on the north side of Fairview, and restaurants on the north side of Fairview; also on the north side of Fairview Avenue there is a carwash and an emergency medical office; that farther east on Fairview Avenue is an Intermountain Farmer retail store. 37. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1. That all the Planning Act and of the been met; including the within 300 feet of the property. 2. That the City pursuant to 50-222, Idaho procedural requirements of the Local Ordinances of the City of Meridian have mailing of notice to owners of property external boundaries of the Applicant's of Meridian has authority to annex land >Code, and Section 11-2-417 of the Revised FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-KOUBA PAGE - 16 r, and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Planning and Zoning Commission has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 17 ~ • with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways. 10. That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. The Applicant has stated and represented that its intention is to have businesses related to the automobile and other motor vehicles, which are permitted uses in the C-G district. 12. That, as a condition of annexation and zoning of C-G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. f. M, Pressurized Irrigation 2. The concerns of the owners of property along Fairview Avenue, stated in prior public hearings, were of having lights, particularly automobile headlights, shine into their yards and homes. 3. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 4. Addressing the access linkage, screening, buffering, FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-KOUBA PAGE - 18 • transitional land uses, traffic study and recreation services. 5. An impact fee to help acquire a future school or park sites to serve the area. 6. An impact fee, or fees, for park, police, and fire services as determined by the City. 7. Appropriate berming and landscaping. 8. Submission and approval of any required plats. 9. Harmonizing and integrating the site improvements with any existing residential development. 10. Establishing the 35 foot landscaped setback as mentioned in the Planning Directors comments and in the Comprehensive Plan and landscaping the same. 11. Addressing the other comments of the Planning Director, Shari Stiles. 12. The sewer and water requirements. 13. Traffic plans and access into and out of the development. 14. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan. 13. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted,~it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. ."; that since the enactment of the above section, the City has found that it is difficult for the City and the Applicant to enter into a development agreement prior to annexation; that it is therefore FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-KOUBA PAGE - 19 concluded that a development agreement shall be entered into, dealing with the matters set forth in the preceding section prior to issuance of a building permit. 14. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian. 15. That it is concluded that 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the s~iall review applications for Conditional Use Permits; that upon a review of those requirements and a review~f the facts presented and the conditions P/~h nth , 29'n. i~-q C~h-r-~-I dr: o~; of the area, the ctSncludes as follows: a. The use, would in fact, not constitute a conditional use as under the Meridian Zoning Ordinance planned commercial development, retail stores, and wholesale facilities, are permitted uses in the C-G district, but since the Comprehensive Plan states that all development requests in the Mixed Use Areas around Fairview Avenue and Locust Grove Road will be subject to development review and conditional use permit processing to ensure neighborhood compatibility, the conditional use application is deemed to be appropriate, as is the granting of such conditional use. b. The use should be harmonious with and in accordance with the Comprehensive Plan, if the requirements in these Findings of Fact and Conclusions of Law are met, but the Comprehensive Plan requires a conditional use permit to 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 as long as development is undertaken to meet the representations of the Applicant in the Application and as stated at the public hearing and those that may be required by the City under design review. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses as long FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOSNSON-ROUBA PAGE - 20 ~~ ~ as development is undertaken to meet the representations of the Applicant and those that may be required by the City under design review. e. The property will have sewer and water service available, but the Applicant will have to extend the lines to serve all parts of his property. 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 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 and the parking ordinance shall be met including the preparation of a parking plan and landscaping plan. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 16. It is concluded that the conditional use permit should be granted, but as a condition of the conditional use permit a development agreement shall be entered -into regarding the development of the retail uses and such is hereby made a condition of the granting of the conditional use permit. 17. That the requirements of the Meridian Police and Fire Departments, Meridian City Engineer's office, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in a development agreement. 18. That it is concluded that the location and layout of the proposed use on the property could pose problems with regard to FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-KOUBA PAGE - 21 • noise, glare, fumes or odors for the adjacent residential properties to the south; that it is concluded that it is one of the purposes of the Zoning Ordinance to protect residential, commercial, industrial and civic areas from the intrusion of incompatible uses and to provide opportunities for establishments to concentrate for efficient operation in mutually beneficial relationships to each other and to shared services (11-2-401 5.), but it is also the purpose of the Zoning Ordinance to encourage the proper distribution and compatible integration of neighborhood commercial uses into all residential areas of the City (11-2-401 11.). 19. That it is concluded that to make the proposed use harmonious and compatible to neighboring residential uses to the south the following requirements must be met, and continuously met; and these conditions should be reviewed by the City Council, amended, added to, changed or deleted as the City Council deems appropriate: a. That the Applicant shall provide a barrier along the property's boundaries as directed by the Planning and Zoning Administ or. b. That the buildings shall be subject to design review and all bui lans shall be submitted to the Planning and Zoning for approval before they are submitted to the Building Inspector. c . That any and all lighting shall be directed away from adjacent residential or commercial uses and shall be constructed such that it does not glare, or shine, on any surrounding property, unless the owner of the adjacent property signs a written consent to have it shine on the property w ich consent must be submitted to the Planning and Zoning ,'rector FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-KOUBA PAGE - 22 d. That the use of any external loudspeakers shall be limited to business hours, 7:30 a. m. to 5:00 p. m., only on Monday through Friday, and shall be limited to 60 decibels; that all of the .buildings shall be constructed to be as soundproof as reasonably possible. e. That there shall be no wrecked, demolished, or junk cars kept or stored on the property, unless they are totally screened from view. f. That there shall be no offensive fumes, smoke or odor emitted from the property; that normal motor vehicle exhaust from passenger or pickup trucks shall not be deemed to be offensive; that all hazardous wastes shall be properly disposed of and shall not be maintained on the property. g. That all construction, including remodeling, fence construction, and plantings shall be subject to Design Review by the City of Meridian. 20. That the conditions stated herein, or as ultimately set by the City Council, shall be agreed to by the Applicant, in writing; that if they are not so agreed to the Application should be denied. 21. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. 22. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. 23. That proper and adequate access to the property is available and will have to be maintained, with appropriate buffering to residential properties or traffic on Fairview Avenue. 24. That these conditions shall run with the land and bind the Applicant and his assigns. FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 23 25. With compliance of the conditions contained herein, the annexation and zoning of General Retail and Service Commercial (C- G), and the issuance of a conditional use permit would be in the best interest of the City of Meridian. 26. That if these conditions of approval are not met, the property shall not be annexed and the conditional use permit shall not be granted. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY G-1~. SG COMMISSIONER JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 24 r RECOl~NDATION The Planning and Zoning Commission of the City of Meridian recommends to the City Council that the property set forth in the application be approved for annexation, zoning and the issuance of a conditional use permit, under the conditions set forth in the Conclusions of Law. MOTION: APPROVED : ~~ li r `" DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - JOHNSON-ROUBA PAGE - 25 WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH. 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: To: Planning & Zoning Commission/Mayor & Council May 9, 1997 From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning and Zoning Administra r Re: Application for Conditional Use Permit for Car Wash with Fuel Facilities at 835 E. Fairview Avenue by Steve Lyons and Steven Bainbridge This parcel was annexed last year with an application by Lamont Kouba. A conditional use permit was granted for a retail space with some office/warehouse space on the southern portion. The following comments shall be considered as conditions of the Applicant unless expressly modified or deleted by motion of the Meridian City Council. We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS: 1. Any existing irrigation/drainage ditches crossing or adjoining the subject property shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped are to be shown on the development plans. 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. • HUB OF TREASURE VALLEY • COUNCIL MEMBERS WALT W MORROW President A Good Place to Live . , RONALD R. TOLSMA CITY OF MERIDIAN EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Departrnent (208) 887-2211 GREG OSLUND Motor VehiclelDrivets License (208) 888-W43 MALCOLM MACCOY KEITH BORUP ROBERT D. CORRIE RON MANNING Mayor 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. • • P&Z Commission, Mayor & Council May 9, 1997 Page 2 of 4 4. Provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department policies. Any needed fire hydrant will need to be in place and activated prior to issuance of a building permit. 5. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. All dumpsters are to be provided with a screened enclosure. 6. A minimum thirty-five-foot (35') landscape setback beyond future right-of--way is required. Applicant to provide detailed landscape plan including berming details for approval prior to obtaining building permits. Sidewalk curbing should be installed along Fairview Avenue to provide finished appearance. ACHD has requested that monies for the sidewalk be deposited into a trust. 7. Applicant to provide curbing and underground sprinkler system for all landscaped areas. 8. Provide temporary fencing to contain debris during construction. 9. All paving, striping and signage of parking lot to be in accordance with Meridian City Ordinance and the Americans with Disabilities Act. 10. Lighting shall not illuminate adjacent residential properties or cause glare, as determined by the City of Meridian. 11. A development agreement outlining detailed conditions of approval was a condition of annexation. All uses shall be developed under the conditional use permit process. 12. 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. All signage shall receive design approval of the Planning & Zoning Department: A-frame and other temporary signs will not be permitted and will be removed upon 3 days notice to the Applicant. Sign permits are needed for all signage. 13. Any new construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. • P&Z Commission, Mayor & Council May 9, 1997 Page 3 of 4 14. Applicant to provide a revised site plan meeting all staff and agency requirements prior to public hearing at City Council level. SITE SPECIFIC COMMENTS: 1. Sanitary sewer service to this development shall be from an existing main that is in place along the west side of the site. Applicant will be responsible to construct the sewer mains to and through this proposed development. Coordinate sewer main sizes and locations with the City of Meridian Public Works Department. Development plans shall be reviewed and approved through the Public Works Department. 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. The Applicant is to coordinate main sizing and routing with the Meridian Public Works Department. The Applicant has preliminarily discussed using an existing well on the site for use in the car wash. If this is done (with approval from Idaho Department of Water Resources), a meter will need to be installed to measure actual contribution to the sewer system. The Applicant shall enter into a reassessment agreement for sewer and water fees prior to obtaining a building permit. 2. Water service to this development shall be from an extension of the existing eight-inch diameter main installed along the southerly side of Fairview Avenue. Applicant is responsible for extension of water service to and through this development. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Applicant is to coordinate routing with the Meridian Public Works Department. Water lines shall be located on the north and east sides of roadway centerlines. 3. Pressurized irrigation is to be provided per City Ordinance. Any proposal for a supplementary connection from 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. Applicant shall provide a statement as to the ownership of and operation/maintenance of the pressurized irrigation system. P&Z Commission, Mayor & Council May 9, 1997 Page 4 of 4 4. Dedicate four (4) additional feet of right-of--way on Fairview Avenue (54' from centerline). Furnish copy of recorded warranty deed for dedication of additional right- of-way prior to applying for building permits. 5. ACRD policy requires that access from Fairview to this development be located on the east side and that cross access agreements be entered into for the properties east and west of this parcel. 6. Eighteen (18) three-inch (3 ") caliper trees are required for this development. Trees may not be located over the existing sewer line or over other utilities. A detailed landscaping plan, including sizes and species, will need to be submitted with the building permit application for approval. 7. Submit a copy of the recorded easement agreement for access from the Roundtree Chevrolet property and to the southern portion that is not being developed at this time. 8. Applicant is proposing to split the Fairview frontage property from the remainder of the parcel. This parcel is eligible for cone-time split; however, the proposed split will leave the back portion with no legal frontage. The Meridian City Council will have to approve of the private roadway concept and actual splitting of the property. 9. Indicate any existing FEMA floodplain boundaries on the site plan map, and/or any plans to reduce said boundaries. COMMENTS MERIDIAN PLANNING & ZONING COMMISSION MEETING: Mav 13 1997 APPLICANT: LYONS/BAINBRIDGE/KOUBA AGENDA ITEM NUMBER: 1 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A CAR WASH WITH FUEL FACILITIES 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: ilk ~p ~ ~~ r ~ ~~~ k~ ~/ OTHER: AH Materials presented at public meetings shall become property of the City of Meridian. • i MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: May 13.1897 APPLICANT: LYONSlBAINBRIDGE/KOUBA AGENDA ITEM NUMBER: 12 REQUEST: CONDITIONAL USE PERMIT FOR A CAR WASH WITH FUEL F~ICILITIES 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 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS , A }/ SEE ATTACHED COMMENTS (~(,If ff I.r' _ ~ ~~ () V" OTHER: A~1 Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN City Council STEVE C. LYONS AND STEVEN J. BAINBRIDGE CONDITIONAL USE PERMIT FOR FULL SERVICE CAR WASH WITH FUEL FACILITIES 835 E. FAIRVIEW AVENUE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on June 17, 1997, at the hour of 7:30 o'clock p.m., the Applicant appearing through their representative, Bob Daugherty, the City Council of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. 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 May 13, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 13, 1997, 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. The property is located within the City of Meridian at 835 E. Fairview Avenue, Meridian, Ada County, Idaho. The property is described in the application which description is incorporated FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. LYONS AND BAINBRIDGE i • herein. The Applicant are not the owners of record of the property. The record owners of the property are Lamont Rouba and Lynn Kouba, husband and wife, and they have consented to the application for the Conditional Use Permit. 3. Pursuant to the Application and the testimony of Bob Daugherty, of Johnson Land Surveying, Mr. Daugherty stated that the property is presently vacant. Mr. Lyon has is no longer associated with the project. Mr. Bainbridge's intention, and proposed use, is to construct a full service car wash facility on the northern portion of the property. It would have a retail space in the front of that car wash and also a full fuel facilities, two detail bays associated with the car wash, all on .88 acres that adjoins Fairview Avenue. We have gone over the findings of fact that were prepared from Planning and Zoning. We don't have any problems with anything that they have recommended. There are a couple of items however that we would like to ask for your permission to change. One of them would be change to change the hours of operation for the car wash from 8 a.m. to 8 p.m. and operate during the summer between 7 a.m. until 8 p.m. The winter hours, they would anticipate those being from 9 a.m. to 6 p.m. For the fuel facility, there would be extended hours available to pump gas via a gas card, even as much as 24 hours per day. 4. That Planning and Zoning Commissioner Smith had three specific concerns that he indicated that he was going to pass on the Council. One was about the parking issue where people were going to be backing out into a 40 foot road way easement secured FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. LYONS AND BAINBRIDGE from the adjoining property. There was also a concern about the stacking and how many cars we could actually have waiting to get into the car wash. Concern about the building construction itself and materials that would be used. We have redone a new site plan which did away with the parking that would be backing into the 40 foot easement strip. We created a portion of that parking area for additional stacking which would handle up to 8 additional cars. Site plan changes address all of those concerns. 5. Mr. Daugherty also testified that in the site specific requirements Freckleton and Stiles were looking for a warranty deed on that additional 4 feet of right of way that ACHD is requiring along Fairview avenue. ACHD is asking for warranty deed to be in place prior to issuance of a building permit. We don't feel that additional 4 feet of right of way should hold up the entire process. Additionally there was some confusion as far as the cross access agreements. We have already secured the easement on the parcel that Roundtree sits on for that 40 foot access easement that goes the entire length of our parcel. Once the southern half of the project is developed we would enter into the cross access agreement. Mr. Daugherty also stated that the lighting issue will be part of the development agreement. 7. The City Council asked what the decibel level of the vacuum would be at 100 feet from their placement, to which Dan Thomas testified that the vacuums were designed such that they should not be heard at all. There was also inquiry about the signs that the Applicant wanted to place on the property and a FINDINGS OF .FACT AND CONCLUSIONS OF LAW - Page 3. LYONS AND BAINBRIDGE representative of the Applicant, Mr. Numbers, stated several signs on the building have some metal roofed canopies and we have signage on a back-lit canopy. The Sinclair fuel station will have signage as a part of its canopy. At this point we are not planning on having an independent sign on the property. Mr. Bainbridge stated that we will have a sign on the berm and Councilman Bentley stated that he would prefer to see a monument sign. Mr. Bainbridge stated that whatever is preferred we will do. 8. Robert Benner, a representative of the Applicant, testified that if we are allowed to put the identification on as our standard company identification on three sides of the canopy there will be 21 inch high red letters back lit stating the word Sinclair. There will be a 2 by 3 foot back lighted logo sign. As to the signage, we are very flexible. On the smaller sign we need a maximum of about 8 foot 3 inches for the poles and the sign, and a maximum height of at least 12 feet. City attorney, Mr. Crookston inquired as to whether the height at the total top of the sign would be 14 feet and Mr. Benner stated that was correct and that they needed a minimum of 12 feet from the top to the very bottom of the ground and that they needed to be able to be identified as a Sinclair fueling station, but they desired to meet all of the City's concerns so far as compatibility. 9. Shari Stiles, Meridian Planning and Zoning Administrator testified that it looked similar to a convenience store with the freezer and coolers. She just wanted to make sure that this was not going to be a 24 hour convenience store as that would require FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. LYONS AND BAINBRIDGE another conditional use permit. Well, it has been the car wash and fueling station. Mr. Bainbridge responded that as far as the hours in the lobby section the latest time will be 10:00 as far but the gas they will be able to be obtained for 24 hours. He also stated that there will be conveniences for our customers; they will have drinks, a coffee bar. Miss Stiles wanted to know if this would be a place where people would come and pick up milk and eggs, to which Mr. Bainbridge answered that there only be snack items. 10. Gary Smith, City Engineer, stated that at the P & Z hearing he heard quite a bit of discussion concerning the construction of the building, to which. Mr. Numbers responded that on two sides we have concrete masonry, ,the side facing Fairview Avenue and the side facing Roundtree Chevrolet. On the west and south sides we have a concrete block. The two sides face Fairview are concrete block, we have a split face concrete block base up four feet then painted concrete and then a band of ribbed block and then additional painted block above that. 11. Councilman Rountree stated that his preference would be a monument type sign, the lower the better and that it would be helpful for me to see a little more detail in there. Councilman Tolsma stated that he would like to see something in there about the height of the signs and Councilman Rountree stated that his suggestion would be that the City ask the Applicant to provide staff with a rendering of a concept of signage of the from berm of this facility for consideration with some dimensions and locations. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. LYONS AND BAINBRIDGE ~ ~ And that we get their comments and have that so we can incorporate that information into the findings of fact. If that is not acceptable I would suggest that we get some specifics in the findings of fact this evening which may be more confusing to the Applicant. 12. Councilman Tolsma then stated that the City had have never seen a landscaping concept of this or what the design was for berm, other than what our ordinances are for landscaping. And Miss Stiles commented that there was an outline shown on the site plan. Councilman Tolsma then questioned if the landscaping and the signage was the only thing that is in question and whether the City needed an artist's conception of what the City was looking at or if new findings would show what the City needed to know about the landscaping and the signage. He stated that what he was looking for was a concept 13. Miss Stiles stated that she was wondering if the City would like to amend the findings and if maybe the profile and the sign itself would undergo site plan review of the City Council. She wanted to know if the Council wanted to leave the profile and sign to site plan review or whether the Council wanted to amend the Findings of Fact and Conclusions of Law. 14. Councilman Tolsma wanted to know it Gary Smith desired to have a monitoring system on the sewer or a measuring device on the sewer to see how much water goes down there for a sewer rate and he wanted to know if the City had such a device for that? FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. LYONS AND BAINBRIDGE 15. Gary Smith responded that the City does not have anything in present use. He later stated that-the ordinance requires, for a commercial establishment, that the city bill them sewer use charges fore the amount of water that goes through the water meter. 16. Council Rountree reminded the Council that the previous Applicant was required to submit a rendering of the landscape plan to the City Council before the city advance it through the approval process for the conditional use permit.- 17. Mr. Daugherty finally stated that the Applicant would certainly adhere to the sign ordinance. As far as the landscape plan it was always talked about at staff level that would have to be submitted as part of the building permit process. We are certainly prepared to do that and be subject to whosever recommendation if they are not satisfied with that of course we would redo that until they are satisfied with it. .That would be prior to .issuing building permit. If you folks have an idea of what you want as far as a sign we would be more than happy to go ahead and agree to that this evening in order to try to speed this process along. He wanted to have a decision that night to get the building plan submitted and start the review process. And at that time that is when they would submit the sign and landscape plans. 18. Councilman Bentley then stated that he personally would like to see something smaller than a twelve foot sign. 19. The property is currently zoned (C-G) General Retail and Service Commercial. In the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Commercial, automobile washing facilities and FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7. LYONS AND BAINBRIDGE automobile service stations are permitted uses on property zoned (C-G) General Retail and Service Commercial. However, pursuant to the ordinance adopted to annex and zone the property, the property can only be developed as a commercial planned development or under the conditional use permit process. Therefore, pursuant to the ordinance adopted for the annexation and zoning of the property, a conditional use permit for the operation of an automobile washing facility with fuel facilities on the property is required. 20. The (C-G) General Retail and Service Commercial district is described in the Zoning Ordinance, 11-2-408 B. 11 as follows: ~C-Gl 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 highways 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. 21. Conditional Use Permit is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 22. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted general and site specific comments, which comments are incorporated herein as if set forth in full. Their comments included that the property was annexed last year with an application by Lamont Kouba. A FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. LYONS AND BAINBRIDGE conditional use permit was granted for a retail space with some office/warehouse space on the southern portion. Their general comments included the following: a. Any existing irrigation/drainage ditches crossing or adjoining the subject property shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped are to be shown on the development plans. 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; b. Any existing domestic wells and/or septic systems within the 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; c. The Applicant will need to. 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; d. The Applicant will need to provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department policies. Any needed fire hydrant will need to be in place and activated prior to issuance of a building permit; e. The Applicant will need to coordinate dumpster site locations with the City's solid waste contractor, and located dumpsters so as not to impede fire access. All dumpsters are to be provided with a screened enclosure; f. A minimum thirty five feet landscape setback beyond future right-of-way is required. The Applicant are to provide a detailed, landscape plan including berming details for approval prior to obtaining building permits. Sidewalk/curbing- should be installed along Fairview Avenue to provide a finished appearance. Ada County Highway District has requested that money for the sidewalk be deposited into a trust; g. The Applicant are to provide curbing and underground sprinkler system for all landscaped areas; h. The Applicant are to provide temporary fencing to contain debris during construction; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. LYONS AND BAINBRIDGE r ~ i. All paving, striping and signage of parking lot is to be in accordance with Meridian City ordinances and the Americans with Disabilities Act; j. Lighting shall not illuminate adjacent residential properties or cause glare, as determined by the City of Meridian; k. A development agreement outlining detailed conditions of approval was a condition of annexation. All uses shall be developed under the conditional use permit process; 1. 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. All signage shall receive design approval of the Planning and Zoning Department. A-frame and other temporary signs will not be permitted and will be removed upon three days notice to the Applicant. Sign permits are needed for all signage; m. Any new construction shall be in compliance with the Americans with Disabilities Act and all required Uniform Codes; and n. The Applicant are to provide a revised site plan meeting all staff and agency requirements prior to public hearing before the City Council. Their site specific comments included the following: a, Sanitary sewer service to this development shall be from an existing main that is in place along the west side of the site. The Applicant shall be responsible to construct the sewer mains to and through this proposed development. The Applicant are to coordinate sewer main sizes and locations with the City of Meridian Public Works Department. Development plans shall be reviewed and approved through the Public Works Department. b. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by this proposed development. The Applicant have preliminarily discussed using an existing well on the site for use in the car wash. If this is done, with the approval from Idaho Department of Water Resources, a meter will need to be installed to measure actual contribution to the sewer system. The Applicant shall FINDINGS OF .FACT AND CONCLUSIONS OF LAW - Page 10. LYONS AND BAINBRIDGE enter into a reassessment agreement for sewer and water fees prior to obtaining a building permit; c. Water service to this development shall be from an extension of the existing eight inch diameter main installed along the southerly side of Fairview Avenue. The Applicant are responsible for extension of water service to and through this development. Water service to this development is contingent upon positive results from a hydraulic analysis by the City's computer model. The Applicant are to coordinate routing with the Meridian Public Works Department. Water lines shall be located on the north and east sides of the roadway centerlines; d. Pressurized irrigation is to be provided per City ordinance. Any proposal. for a supplementary connection from 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. The Applicant shall provide a statement as to the ownership of, and operation and maintenance of the pressurized irrigation system; e. The Applicant are to dedicate four additional feet of right-of-way on Fairview Avenue, 54 feet from the centerline. The Applicant are to furnish a copy of recorded warranty deed-for dedication of additional right-of-way prior to sop v~na for building permits; f . The Ada County Highway District policy requires that access from Fairview Avenue to this development be located on the east aide, and that cross access agreements be entered into for the properties east and west of the property; g. Eighteen three-inch caliper trees are required for this development. Trees may not be located over the existing sewer line or over other utilities. A detailed landscaping plan, including sizes and species, will need to be submitted for approval with the building permit application; h. The Applicant are to submit a copy of the recorded easement agreement for access from the Roundtree Chevrolet property and to the southern portion that is not being developed at this time; i. The Applicant are proposing to split the Fairview frontage property from the remainder of the parcel. This parcel is eligible for a one-time split; however, the proposed split will leave the back portion with no legal frontage. The Meridian City Council will have to approve FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. LYONS AND BAINBRIDGE ~ ~ of the private roadway concept and actual splitting of the property; and j. The Applicant are to indicate any existing FEMA floodplain boundaries on the site plan map, and/or any plans to reduce said boundaries. 23. The Ada County Highway District submitted comments on the subject application, which comments are incorporated herein as if set forth in full. Its comments included the following: a. The Applicant are to dedicate 54 feet of right-of- way from the street centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit, or other required permits, whichever occurs first. The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. If the owner wishes to be compensated for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. The value of the right-of-way will be offset against road impact fees that will be payable before a building permit is issued; b. The Applicant are to pave the driveway easement abutting the site's east boundary its full required width to at least 30 feet beyond the new right-of-way of Fairview Avenue and install pavement tapers with 15 feet radii abutting the existing roadway edge; c. The Applicant are to provide a recorded cross access easement for the parcels to the south to use the property for access to the public streets prior to issuance of a building permit or other required permits; d. The Applicant are to locate a 30 to 36 feet wide driveway on site from the 40 feet easement a minimum of 40 feet south of 'the new right-of-way of Fairview Avenue; e. The Applicant are to construct a five feet wide concrete sidewalk on Fairview Avenue abutting the parcel, and locate the sidewalk one foot within the new right-of- way of Fairview Avenue; f. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the Ada County Highway District; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. LYONS AND BAINBRIDGE g. Other than access point(s) specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. 24. The Meridian City Police Department and the Meridian Fire Department submitted comments, which respective comments are incorporated herein as if set forth in. full. 25. The Meridian Sewer Department submitted comments, which comments are incorporated herein as if set forth in full. Its comments included that the project will require coordination with the Meridian Sewer Department and the pretreatment program during construction and operation. 26. Central District Health Department submitted comments which comments are incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve the proposal for central sewage and central water; that runoff is not to create a mosquito breeding problem; and that it recommends stormwater run-off flow into a grassy swale before discharging to the subsurface. 27. The Nampa & Meridian Irrigation District submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. The Nampa & Meridian Irrigation District's Five Mile Drain courses through the southwest corner of the project. The right-of-way of the Five Mile Drain is 100 feet; 50 feet from the center each way. The Applicant must contact the Nampa & Meridian Irrigation District for approval before any encroachment or change of right-of- way occurs; b. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting; FINDINGS OF .FACT AND CONCLUSIONS OF LAW - Page 13. LYONS AND BAINBRIDGE c. All laterals and waste ways must be protected; d. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans; e. The developer must comply with Idaho Code Section 31-3805; and f. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 28. That the Findings of Fact of the Planning and Zoning Commission are incorporated herein as if set forth in full, However if there is any conflict between these Finding of Fact and the Findings of Fact of the Planning, and Zoning Commission, these Findings of Fact shall control. 29. There were no other comments by the public regarding this application. CONCLUSIONS OF LAW 1. 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' property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning and Development Ordinance of the City of Meridian. 3. The City of Meridian has the authority to take judicial notice of its own ordinances, other governmental statutes and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. LYONS AND BAINBRIDGE ordinances, and of actual conditions existing within the City and the State. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512-and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 D authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The City Council judges this application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Zoning and Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. Section 11-2-418 C of the Zoning and Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. LYONS AND BAINBRIDGE • • review applications for Conditional Use Permits. Upon a review of those requirements and a .review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the City Council concludes as follows: a. Although. an automobile washing facility, with fuel facilities, is permitted use on property zoned (C-G) General Retail and Service Commercial, pursuant to the Ordinance adopted to annex and zone the property, the property can only be developed as a commercial-planned development or under the conditional use permit process. Therefore, pursuant to the Ordinance adopted for the- annexation and zoning of the property, a conditional use permit for the operation of an automobile washing facility with fuel facilities on the property would, in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with, and in accordance with, the Comprehensive Plan and the Zoning Ordinance; c . The use is designed and is, apparently, to be constructed so as to be harmonious in appearance with the character of the general vicinity. If the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and .should not change the essential character of the area; d. The use would not be hazardous, nor should it be disturbing, to existing or future neighboring uses if the conditions herein are met; however, traffic may increase, but the development will have a vehicular approach to the property which shall be designed to decrease interference with traffic on surrounding public streets; e . The Applicant shall be able to provide adequately for the essential public facilities and services such as streets, police and fire protection, drainage structures, refuse disposal, water and sewer, but Applicant may have to pay additional fees for the use; 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. LYONS AND BAINBRIDGE g. If these conditions are met, the use should 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, noise, smoke, fumes, glare or odors; h. The Applicant shall cause the property to have a vehicular approach which shall be designed as not to create an interference with traffic on surrounding public streets, and sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is decided by the City Council that the following conditions for the granting of the conditional use permit shall be required, to-wit: a. The conditional use, pursuant to the Zoning and Development Ordinance, shall not be transferable to another owner of the subject property or to another property; b. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; c. The Applicant shall meet the requirements of the City Engineer's office and the Planning and Zoning Administrator, which include the following: 1. Any existing irrigation/drainage ditches crossing or adjoining the subject property shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped shall be shown on the development plans. Plans must be approved by the appropriate irrigation or drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; FINDINGS OF .FACT AND CONCLUSIONS OF LAW - Page 17. LYONS AND BAINBRIDGE • 2. Any existing domestic wells and/or septic systems within the project will have to be removed from their domestic service per City Ordinance Section 5-7-517; however, wells may be used for non- domestic purposes such as landscape irrigation; 3. The Applicant shall 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. The Applicant shall provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department's policies. Any needed fire hydrant(s) shall be in place and activated prior to issuance of any building permit(s); 5. The Applicant shall coordinate dumpster site locations with the City's solid waste contractor, and locate dumpsters so as not to impede fire access. All dumpsters are to be provided with a screened enclosure; 6. A minimum thirty five feet landscape setback beyond the future right-of-way of Fairview Avenue shall be required. The Applicant shall provide a detailed landscape plan including berming details for approval by the City prior to obtaining building permits. Sidewalk and curbing shall be installed along Fairview Avenue; 7. The Applicant shall provide curbing and underground sprinkler system for all landscaped areas; 8. The Applicant shall provide temporary fencing to contain debris during construction; 9. All paving, striping and signage of parking lot(s) shall be in accordance with Meridian City ordinances and the Americans with Disabilities Act; 10. Lighting shall not illuminate adjacent residential properties or cause glare, as determined by the City of Meridian; 11. As a development agreement outlining detailed conditions of approval was a condition of annexation, all future uses or development of the property, whether the northern portion or the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. LYONS AND BAINBRIDGE i ~ southern portion, shall be developed under the conditional use permit process; 12. 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. All signage must receive design approval from the Planning- and, Zoning Department. A-frame and/or other temporary signs shall not be permitted and will be removed upon three days notice to the Applicant. Sign permits shall be required for all signs; also, since the Applicant's representative stated and .represented as follows: "If you folks have an idea of what you want as far as a sign we would be more than happy to go ahead and .agree to that this evening in order to try to speed this process along. • And of course at that time that is when we would qo ahead and submit the sign plans and, the landscape plan.", all signs shall be design approved by the City Council, or the City Official designated by the City Council to approve signs, prior to obtaining building permits from the City; the top of any sign shall no be taller than twelve (12) feet above the surface of Fairview Avenue, shall not be larger than one hundred twenty square feet, and shall be "monument" type signs and not be supported by more than one pole, or standard. 13. Any construction shall be in compliance with the Americans with Disabilities Act and all required Uniform Codes; 14. The Applicant shall be responsible for the construction of the sewer mains to and through the development. The Applicant shall coordinate sewer main sizes and locations with the City of Meridian Public Works Department. Any development plans shall be submitted to the Public Works Department for its review and approval; 15. As the treatment capacity of the Meridian Wastewater Treatment. Plant is currently being evaluated, the approval of this application shall be contingent upon the City's ability to accept the additional sanitary sewage generated by this development; 16. If the Applicant receive approval from the Idaho Department of Water Resources to use an existing FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. LYONS AND BAINBRIDGE ! ~ well on the site in the .car wash, the Applicant shall install a meter to measure actual contribution to the City's sewer system; 17. The Applicant shall enter into a reassessment agreement for sewer and water fees prior to obtaining a building permit(s); 18. The Applicant shall be responsible for the extension of water service to and through the development. Water service to this development shall be contingent upon positive results from a hydraulic analysis by the City's computer model. The Applicant shall coordinate routing of the water service lines with the Meridian Public Works Department. Water. lines shall be located on the north and east sides of the roadway centerlines; 19. Pressurized irrigation shall be provided per City ordinance. The Applicant shall provide a statement as to the ownership, operation and maintenance of the pressurized irrigation. system; 20. The Applicant shall dedicate four additional feet of right-of-way on Fairview Avenue, 54 feet from the centerline. The Applicant shall furnish to the City a copy of the recorded warranty deed for or other documentation evidencing the dedication of .additional right-of-way prior to applying for building permits; 21. Eighteen three-inch caliper trees shall be required for this development. Trees shall not be located over the existing sewer line or over other utilities. A detailed landscaping plan, including sizes and species, shall be submitted to the City for approval with any building permit application; 22. The Applicant shall submit a copy of the recorded easement agreement for access from the Roundtree Chevrolet property and to the southern portion of the property which is not being developed at this time; 23. The Applicant proposal to split the northern, or Fairview frontage property from the remainder of the property, and the concept of a private roadway -shall be subject to approval by the Meridian City Council; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. LYONS AND BAINBRIDGE • 24. The Applicant shall provide information of any existing FEMA floodplain boundaries on the site plan map, and any plans to reduce such boundaries. d. The Applicant shall meet the requirements of the Meridian Police Department, Meridian Fire Department, Meridian Sewer Department, Central District Health Department, and the Nampa & Meridian ,Irrigation District. e. The Applicant shall meet the requirements of the Ada County Highway District, -which include, but are not limited to the following: 1. The Applicant shall dedicate 54 feet of right-of- way from the street centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit, or other required permits, whichever occurs first; 2. The Applicant shall pave the driveway easement abutting the site's east boundary its full required width to at least 30 feet beyond the new right-of- way of Fairview Avenue and shall install pavement tapers with 15 feet radii abutting the existing roadway edge; 3. The Applicant shall provide a recorded cross access easement for the parcels to the south to use the property for access to the public streets prior to issuance of a building permit or other required permits; 4. The Applicant shall locate a 30 to 36 feet wide driveway on site from the 40 feet easement a minimum of 4 0 feet south of the new right-of -way of Fairview Avenue; 5. The Applicant shall construct a five feet wide concrete sidewalk on Fairview Avenue abutting the parcel, and locate the sidewalk one foot within the new right-of-way of Fairview Avenue; and 6. Other than access point(s) specifically approved by the Ada County Highway District, direct lot or parcel access to Fairview Avenue is prohibited. f. The Applicant shall provide a revised site plan meeting all staff and agency requirements prior to public hearing before the City Council. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. LYONS AND BAINBRIDGE ~ ~ 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 10. It is decided that if the Applicant meets the conditions stated above the conditional use permit shall be granted to the Applicant; however, if the Applicant fails. to meet these conditions, violates any of the conditions contained in these Findings of Fact and Conclusions of Law, or violates any of the Ordinances of the City of Meridian, this- Conditional Use Permit may be revoked, but only after due notice of such violation, a hearing on the failure, violation or violations, and a written decision. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The City Council of the City of Meridian 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 FINDINGS OF .FACT AND CONCLUSIONS OF LAW - Page 22. LYONS AND BAINBRIDGE ~ ~ MERIDIAN CITY COUNCIL MEETING: July 1 1897 A APPLICANT: STEdEN BAINBRIDGE ITEM NUMBER;_~ l REQUEST• FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT AG NCY 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 `~ ~~~ ~~ g J~ ~r OTHER: All Materials presented at public meetings shall become property of the Cify of Meridian. WILLIAM G. BERG, JR., Clty Clerk JANICE L. SMITH, Clty 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 Chlef W.L. "BILL" GORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: To: Planning & Zoning Commission/Mayor & Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning and Zoning Administra r May 9, 1997 Re: Application for Conditional Use Permit for Car Wash with Fuel Facilities at 835 E. Fairview Avenue by Steve Lyons and Steven Bainbridge This parcel was annexed last year with an application by Lamont Kouba. A conditional use permit was granted for a retail space with some office/warehouse space on the southern portion. The following comments shall be considered as conditions of the Applicant unless expressly modified or deleted by motion of the Meridian City Council. We have reviewed this submittal and offer the following comments, for your information ahd consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS: 1. Any existing imgation/drainage ditches crossing or adjoining the subject property shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped are to be shown on the development plans. 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 dhis 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. ~ • HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN REE L C ENN R. BENTLE G 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 GREG OSLUND Motor Vehicle/Drivers License (208) 888-4443 MALCOLM MACCOY KEITH BORUP ROBERT D. CORRIE RON MANNING Mayor 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. • • P&Z Commission, Mayor & Council May 9, 1997 Page 2 of 4 4. Provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department policies. Any needed fire hydrant will need to be in place and activated prior to issuance of a building permit. 5. Coordinate dumpster site locations with the City's solid ~~vaste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire acc;ess. All dumpsters are to be provided with a screened enclosure. 6. A minimum thirty-five-foot (35') landscape setback beyond future right-of--way is required. Applicant to provide detailed landscape plan inc]'.uding berming details for approval prior to obtaining building permits. Sidewalk/ct~rbing should be installed along Fairview Avenue to provide finished appearance. 1~CHD has requested that monies for the sidewalk be deposited into a trust. 7. Applicant to provide curbing and underground sprinkler system for all landscaped areas. 8. Provide temporary fencing to contain debris during construction. 9. All paving, striping and signage of parking lot to be in accordance with Meridian City Ordinance and the Americans with Disabilities Act. 10. Lighting shall not illuminate adjacent residential properties or cause glare, as determined by the City of Meridian. 11. A development agreement outlining detailed conditions of aIproval was a condition of annexation. All uses shall be developed under the conditional use permit process. 12. 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. All signage shall receive design approval of the Planning & Zoning Department. A-frame and other temporary signs will not be permitted and will be removed upon 3 da~~s notice to the Applicant. Sign permits are needed for all signage. 13. Any new construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. • • P&Z Commission, Mayor & Council May 9, 1997 Page 3 of 4 14. Applicant to provide a revised site plan meeting all staff and agency requirements prior to public hearing at City Council level. SITE SPECIFIC COMMENTS: 1. Sanitary sewer service to this development shall be from an existing main that is in place along the west side of the site. Applicant will be responsible to construct the sewer mains to and through this proposed development. Coordinate sewer main sizes and locations with the City of Meridian Public Works Department. Development plans shall be reviewed and approved through the Public Works Department. 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. The Applicant is to coordinate main sizing and routing with the Meridian Public Works Department. The Applicant has preliminarily discussed using an existing well on the site for use in the car wash. If this is done (with approval from Idaho Department of Water Resources), a meter will need to be installed to measure actual contribution to the sewer system. The Applicant shall enter into a reassessment agreement for sewer and water fees prior to obtaining a building permit. 2. Water service to this development shall be from an extension of the existing eight-inch diameter main installed along the southerly side of Fairview Avenue. Applicant is responsible for extension of water service to and through this development. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Applicant is to coordinate routing with the Meridian Public Works Department. Water lines shall be located on the north and east sides of roadway centerlines. 3. Pressurized irrigation is to be provided per City Ordinance. Any proposal for a supplementary connection from 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. Applicant shall provide a statement as to the ownership of and operation/maintenance of the pressurized irrigation system. • • P&Z Commission, Mayor & Council May 9, 1997 Page 4 of 4 4. Dedicate four (4) additional feet of right-of--way on Fairview Avenue (54' from centerline). Furnish copy of recorded warranty deed for dedication of additional right- of-way prior to applying for building permits. 5. ACHD policy requires that access from Fairview to this development be located on the east side and that cross access agreements be entered into for the properties east and west of this parcel. 6. Eighteen (18) three-inch (3 ") caliper trees are required for this development. Trees may not be located over the existing sewer line or over other utilities. A detailed landscaping plan, including sizes and species, will need to be submitted with the building permit application for approval. 7. Submit a copy of the recorded easement agreement for access from the Roundtree Chevrolet property and to the southern portion that is not being developed at this time. 8. Applicant is proposing to split the Fairview frontage property from the remainder of the parcel. This parcel is eligible for cone-time split; however, the proposed split will leave the back portion with no legal frontage. The Meridian City Council will have to approve of the private roadway concept and actual splitting of the property. 9. Indicate any existing FEMA floodplain boundaries on the site plan map, and/or any plans to reduce said boundaries. ,j MERIDIAN CITY COUNCIL MEETING: June 17 1997 __ APPLICANT: STEVE LYONS 8 STEVEN BAINBRIDGE ITEM NUMBER; 6 REQUEST• REQUEST FOR A CONDITIONAL USE PERMIT FOR A CAR WASH WITH FUEL FACILITIES 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: COMMENTS MINUTES OF 5~ 97 P ~ Z i SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: a' J~ („~ ~~ u ~ CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS ~ " NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENT SETTLERS IRRIGATION: (,' ~~ IDAHO POWER: ~ ~ 11N~ /~ (Y US WEST: v "~ 1 l INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: III Materials presented at public meetings shall become property of the City of Meridian.