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HomeMy WebLinkAboutCUPr BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) JOHN BISS FOR CONDITIONAL USE ) ORDER OF CONDITIONAL PERMIT FOR A GENERAL AUTO REPAIR ) APPROVAL OF AND SERVICE FACILITY 1334 E. 1ST AVE,. )CONDITIONAL USE PERMIT MERIDIAN, IDAHO ) This matter coming before the City Council without public hearing under the provisions of § 11-2-418 E Municipal Code of the City of Meridian for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: A Conditional Use Permit is herein granted to John Biss for an automotive repair and service station upon the real property described hereinbelow and located at 1334 East 1S' Ave., Meridian, Idaho. This permit is subject to the following terms and conditions: 1. That the property which is subject to the conditional use permit is described as follows: PARCEL I: A parcel located in the Southeast quarter of the Northeast Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8" diameter iron pin marking the Northeasterly corner of said Southeast quarter of the Northeast quarter (N1/16 corner) from which a ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT JOHN BISS /GENERAL AUTO REPAIR AND SERVICE FACILITY - 1 brass cap marking the Southeasterly corner of said Southeast quarter of the Northeast quarter bears South 0°22'31" West, a distance of 1327.15 feet; thence South 0°22'31" West, along the Easterly boundary of said Southeast quarter of the Northeast quarter, a distance of 212.32 feet to a 5/8" diameter iron pin and the POINT OF BEGINNING; thence continuing South 0°22'31" West, a distance of 114.93 feet to a 5/8" diameter iron pin; thence leaving said Easterly boundary South 89°52'13" West, a distance of 533.53 feet to a 5/8" diameter iron pin; thence North 0°23'12" East, a distance of 116.74 feet to a 5/8" diameter iron pin; thence South 89°56'06" East, a distance of 533.49 feet to the POINT OF BEGINNING. EXCEPT DITCH AND ROAD RIGHTS-OF-WAY AND ANY PORTION OF MERIDIAN ROAD. PARCEL II GRANTING AND RESERVE A PERMANENT ROAD EASEMENT, FOR INGRESS AND EGRESS BEING 50.00 FEET IN WIDTH, OVER THE FOLLOWING DESCRIBED LAND: A parcel located in the Southeast quarter of the Northeast quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho, more particularly described as follows: Commencing at the Northeasterly corner of said Southeast quarter of the Northeast quarter; thence South 0°22'31" West, along the Easterly boundary of said Southeast quarter of the Northeast quarter a distance of 162.32 feet to the POINT OF BEGINNING; thence continuing ORDER OF CONDITIONAL APPROVAL 2 OF CONDITIONAL USE PERMIT JOHN BISS /GENERAL AUTO REPAIR AND SERVICE FACILITY - 2 • • South 0°22'31" West, a distance of 50.00 feet to a point; thence leaving said Easterly boundary North 89°56'06" West, a distance of 533.49 feet to a point; thence North 0°23'12" East, a distance of 50.00 feet to a point; thence South 89°56'06" East, a distance of 533.48 feet to the POINT OF BEGINNING. 2. The use of the subject property shall be developed in accordance with the site plan, which is identified as "John's Alignment Brakes, & More -Dale Binning Architect dated July 20th, 1998 Sheets A-01 and A-2 and S-1" which depict the site development plan and elevations of the improvements and signage. 3. The use of the subject property shall be as an automotive repair and service station. 4. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: 4.1 Stormwater will be re-treated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. 2) Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works department, January 1997. 4.2 All Uniform Fire Codes and Safety Codes enacted by the City of Meridian to be complied with and in particular regarding water supply and hydrant installation requirements for fire suppression. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT JOHN BISS /GENERAL AUTO REPAIR AND SERVICE FACILITY - 3 • ! 4.3 Sewer pretreatment requirements to be met if required as part of the building permit application process. 4.4 Meet all requirements imposed by the Ada County Highway District as a condition of the development and conditional use and that evidence of compliance be furnished by the application as a condition of the issuance of a certificate of occupancy. 4.5 In the event a street connecting Meridian Road to Pennwood Street which would abut the subject real property to the north is constructed, and the access to the subject property is changed, the subject property is to be developed with a landscape treatment as is along Meridian Road. 4.6 To ensure that development is timely and that the conditions herein provided which are current standards and based upon existing conditions which could change in time, the conditional use shall be further conditioned that all improvements and conditions be complied with within two years of the date of this Decision and Order and the Order shall be recorded and shall run with the land and be binding upon all property owners and possessors. 4.7 The applicant will construct and develop the property in accordance with the conditions set forth in Finding of Fact No.14. 4.8 Applicant will construct and develop the property in accordance with the site plans designated as part of the record in this matter as John's Alignment Brakes, & More -Dale binning Architect dated July 20th, 1998, Sheets A-1 and A-2 and S-1 which depict the site development plan and elevations of the improvements and signage. 4.9 To provide access or future roadway improvements to the west from Meridian Road to the Troutner Business Park. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT JOHN BISS /GENERAL AUTO REPAIR AND SERVICE FACILITY - 4 Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of § 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on January 19, 1999. -'~ `Rfl - ERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works Departure By: Dated: ! ~! ~~7 I y Clerk ~~~`!!!!1{liil(fllljllf msg\D:\MyFiles\Meridian City File\Findings2\ORDER OF CONDITIONAL APPR01~4L~i~R~~~~~P4~LLY APPROVING PRELIMINARY PLAT\BISS JOHN Order of Conditional Approval CUP.doc `~~~~~,,"~ ~T .=~y ~~i,, f QQ T• r -' ~J~ 9 ©~ C~,~ c3 ~~1iy CQU~~'r; ~ ~ ~\~~`~ 11t11rrFF~FS n!{~+1~ ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT JOHN BISS /GENERAL AUTO REPAIR AND SERVICE FACILITY - 5