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HomeMy WebLinkAboutFindings MERIDIAN PLANNING AND ZONING MEETING: September 8, 1.998 APPLICANT: JOHN BISS ITEM NUMBER: 13 REQUEST: CONDITIONAL USE PERMIT FOR GENERAL AUTO REPAIR AND SERVICE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER 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: OT.H ER: All Materials presented at public meetings shall become property of the City of Meridian. ~~ ~~ REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS f,13 SEE ATTACHED COMMENTS ~~,~ ~~ ~~ l/" HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (2os) 8s~-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD ~~ (208) 884-5533 MEMORANDUM: ~~ ~ ~ October 9, 1998 p~Z To: Planning 8z Zoning Commission, Mayor & City Counc' REcE"`'~D From: Bruce Freckleton, Assistant to City Engineer a ~' ~ ~ ~ ~~~~ Shari Stiles, P&Z Administrator ~~ CITY OF Mi;RI~IAN Re: ,Request for Conditional Use Permit for an General Auto Repair & Service on S. Meridian Road by John Biss We have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: This site is located in a C-G zone on Meridian Road south of the Lee Centers and Hope Arms Apartments. The property was annexed with the Troutner Business Park, which annexation required conditional use permits for all uses. The property, formerly owned by Norm Fuller, was split off, with this portion being sold to Mr. Biss. 1. Sanitary sewer and water to this site would be via lines being installed with the Meridian Road reconstruction project. Sewer and water have been stubbed in to the easement north of this parcel. Design, routing and appropriate easements need to be coordinated with the Public Works Department. 2. 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 will be subject to design review. 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. 3. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate durnpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. 4. Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site 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. No variances have been requested for tiling of any ditches crossing this project. sus ctrn P&Z Commission, Mayor & Council October 9, 1,998 Page 2 5. 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. 6. Coordinate any required fire hydrant placement with the City of Meridian's Water- Works Superintendent. 7. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with development plans. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 9. Parking lot security lighting shall be provided as approved by the Meridian Public Works Department. Lighting shall be designed to not cause glare or adversely impact adjacent residential properties or the traveling public, as determined by the Public Works Department. 10. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer with calculations (Ord. 557, 10-1-91) for all paved areas. All site drainage shall be contained and disposed of on-site. 11. Parking areas shall not be located closer than four feet to an established or proposed road or alley right-of--way. 12. This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. An approval of transfer will be required for any new owners/tenants. 13. Meridian Road is designated as an entrance corridor in the Meridian Comprehensive Plan. A review of the conditions of annexation was that a minimum 35-foot-wide landscaped setback be provided beyond required right-of--way. The Applicant shall submit detailed landscape plans for approval prior to occupying the site. 14. Materials of construction are of concern for this highly visible site. Is the masonry block split-face? Roofing materials of something other than asphalt composition shingles should be considered. 15. All outdoor storage of equipment and materials shall be screened from view. Disabled vehicles shall'not be stored on the site, nor shall any sales of vehicles be permitted. 16. There is an existing 50-foot-wide easement adjacent to the northern boundary of this parcel. The easement appears to extend two feet into this parcel. Sewer and water have Biss SUP P&Z Commission, Mayor & Council October 9, 1998 Page 2 been stubbed into this easement and should be extended to the west to connect with Troutner Business Park. The easement should be dedicated as a permanent road right-of- way and constructed to ACRD standards with curb, gutter and sidewalk at such time as the adjacent lots in Troutner Business Park are developed. Payment for construction of this road needs to be shared by and coordinated among John Biss, Troutner Business Park, and Norm Fuller. 17. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "latecomers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 18. A development agreement was required as a condition of annexation. Troutner Business Park is operating under a development agreement for the subdivided portion of the annexed property. 19. Applicant shall provide documentation that the subject parcel is eligible for aone-time split. This can be verified by a warranty deed that shows the original parcel was in the same configuration in April 1984. BtS~.cuP i ~ MERIDIAN PLANNING AND ZONING MEETING: October 13. 1998 APPLICANT: JOHN BISS ITEM NUMBER: 10 REQUEST: CONDITIONAL USE PERMIT FOR GENERAL AUTO REPAIR AND SERVICE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS SEE ATTACHED MINUTES FROM 09/08/98 ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: ~~IN" CENTRAL DISTRICT HEALTH: ~I ~f~J~ w ~ NAMPA MERIDIAN IRRIGATION: V SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: y,l AIM h OTHER: LETTER FROM BOB NAHAS/CENTRAL VALLEY CORPORATE PARK All Materials presented at public meetings shall become property of the City of Meridian. ~.-- ~;-~--~- ~-~91~ ~~~ ~ ~ ~' r`r`-'~'. MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: NOVEMBER 10, 1998 APPLICANT: JOHN BISS AGENDA ITEM NUMBER: 3 REQUEST: CONDITIONAL USE PERMIT FOR GENERAL AUTO REPAIR 8. SERVICE AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 10/13/98 SEE ATTACHED SITE PLAN & ELEVATION SEE ATTACHED WARRANTY DEED CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: r~~ ~ G~ v ~P US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. l i - q ~ - ~D~~ dcs1~ n ~=1ss MERIDIAN CITY COUNCIL MEETING: NOVEMBER 17, 1998 APPLICANT: JOHN BISS ITEM NUMBER: 9 REQUEST: CONDITIONAL USE PERMIT FOR GENERAL AUTO REPAIR 8~ SERVICE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER 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: OTHER: 5'~1' U/" 9" All Materials presented at public meetings shall become property of the City of Meridian. • MERIDIAN CITY COUNCIL MEETING: JANUARY 5, 1999 APPLICANT: JOHN BISS ITEM NUMBER: 18 REQUEST: CONDITIONAL USE PERMIT FOR GENERAL AUTO REPAIR AND SERVICE AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 11/17/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ~1 ADA COUNTY STREET NAME COMMITTEE: L CENTRAL DISTRICT HEALTH: ~ - d ~/ ,; ~~'I NAMPA MERIDIAN IRRIGATION: /, , Uv SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: A-ll Materials presented a public meetings shall become property of the City of Meridian. ~ t ~ ~~~ ~~~ ~ ~~SS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF JOHN BISS FOR ) FINDINGS OF FACT AND CONDITIONAL USE PERMIT FOR ) CONCLUSIONS OF LAW AND A GENERAL AUTO REPAIR AND ) DECISION AND ORDER SERVICE FACILITY 1334 E. 1sT ) GRANTING CONDITIONAL USE AVE. MERIDIAN ) PERMIT The above entitled conditional use permit application having come on for public hearing on January 5, 1999, at the hour of 7:30 o'clock p.m., the Applicant, John Biss, having appeared and a report was received from the Planning and Zoning Administrator, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Order of Decision: FINDINGS OF FACT The notice of public hearing on the application for conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled for January 5, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 1 • that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the January 5, 1999, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6512(b) and 67-6511, and §§ 11-2-418E and 11-2-416E,F, Municipal Code of the City of Meridian. 3. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629 -January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The property which is the subject to this application for 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 2 Commencing at a 5/8" diameter iron pin marking the Northeasterly corner of said Southeast quarter of the Northeast quarter (N 1/ 16 corner) from which a 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 MERIDI.A.N 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 3 • 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 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. 5. The subject real property is a narrow rectangular shaped Property abutting Meridian Street (State Highway No. 69) on the east and the Troutner Business Parlc Subdivision on the West. 6. Troutner Business Parlc was granted an easement from the parcel just north of the subject real property to construct a street connecting Meridian Road to Pennwood Street, which would abut the subject real Property to the north. 7. Subject real Property is in a C-G General Retail and Service Commercial Zone and was annexed with the Troutner Business Parlc and is a vacant parcel of ground and the real property is subject to a condition requiring a conditional use permit for all developed uses of the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 4 • 8. The Applicant is the record owner of the property and has filed a written request for conditional use permit. 9. The Applicant has requested the conditional use permit, and the application was not initiated at the request of the City of Meridian. 10. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 11. The Applicant submitted development plans for the subject real property which are identified as "John's Alignment Brakes, ~ More -Dale Binning Architect dated July 20`x, 1998, Sheets A-1 and A-2 and S-1"which depict the site development plan and elevations of the improvements and signage. 12. The applicant proposes to develop the subject 1.3 acre property by the entrance of 30' in the middle of the property to Meridian Road followed by a 20' 6" berm and the 63' in depth across the property of parking a 64' x 80' (5,120 square foot) building consisting of office and reception space and four bays then going further west on the site a 52' 6" parking area and landscaping, all as depicted on the site plan. 13. The applicant proposes to use the real Property for automotive repair and service station. 14. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 5 facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: 14.1 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. 14.2 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. 14.3 Sewer pretreatment requirements to be met if required as part of the building permit application process. 14.4 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 6 14.5 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. 14.6 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 conditonal 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. 14.7 To provide access or future roadway improvements to the west from Meridian Road to the Troutner Business Parlc. 15. It is found that if the developer pays for the requested improvements and the developer complies with the conditions set forth in these findings of fact no. 14 and all subparts, this will assure that the affected areas and the subject real property will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, and water and sewer. 16. The following hereinafter listed conditions are found to be reasonably required to minimize adverse impact of the proposed conditional use upon other development in the vicinity and to assure that the development is maintained properly: 16.1 The applicant will construct and develop the property in accordance with the conditions set forth in finding 14. 16.2 Applicant will construct and develop the property in accordance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 7 with the site plans designated as part of the record in this matter as John's Alignment Brakes, ~ More -Dale binning Architect dated July 20`t', 1998, Sheets A-1 and A-2 and S-1 which depict the site development plan and elevations of the improvements and signage. 17. The proposed uses are designed and are to be constructed to be harmonious in appearance with the character of the general vicinity; that 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; 18. The proposed uses will not be hazardous or disturbing to existing or future neighboring uses if the developer provides and maintains the required berming that is adjacent to the residential neighborhood to the north. Further, the applicant should be required to submit proposals for all lighting and also submit their plans for all types of signage, regardless of type and variety. Further, these conditions should be made requirements of the Development Agreement. The applicant shall be required to enter into a Development Agreement before the annexation and zoning and the conditional use permits are granted; 19. Sewer and water service is available, but the applicant may have to pay additional fees for the use; costs should not be excessive nor detrimental to the economic welfare of the community; 20. The use will not involve activity, process, material, equipment or FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 8 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; 21. The use will have vehicular approaches to the property, which as designed will not create an interference with traffic on surrounding public streets; only if the Ada County Highway District Board approves the proposed roadway through this development. This conditional use permit and the accompanying annexation and zoning requests must be contingent upon Ada County approving the roadway through the development; This should also be a condition of the Development Agreement and required to be entered into by the applicant before any approvals are required. 22. The development of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 23. The requested conditional use is consistent with the requirements and allowed uses in General Retail and Service Commercial (C-G) zoning district and it has been found by this City Council at the time of annexation and zoning of the subject property that the same was compatible with the Comprehensive Plan. 24. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. 25. There are no major or scenic features of major importance that affect the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 9 #- consideration of this application. 26. The City Council finds that the proposed conditional use permit subject to the conditions herein imposed is also compatible with the Comprehensive Plan of the City of Meridian because: 26.1 The consideration of the provisions of the Comprehensive plan and the requirements of the Zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high-quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to all applications such as the subject application. 26.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 26.3 The expansion of commercial development is facilitated by the proposed development plan of this application subject to the conditions herein set forth. 26.4 The application is consistent with Meridian's self identity. 26.5 The subject application is relevant to the "Goals of the Comprehensive Plan" as set forth at page 5 there of as follows: a. Meridian's environmental quality is provided for as set forth in the plan by the provisions of the plan to improve the total natural environment by the adoption by the City of a City-wide and Urban Service Planning Area policies, which deal with area- specific policies and programs. b. The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 10 existing and future residents, of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. c. The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community is achieved by applying the criteria of the Comprehensive plan and the zoning ordinances of the city all applications such as the subject property. d. The Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ord. No. 629, dated Janua~cy 4,1994 also provides, and it is found by the city council, that this application is consistent with the following provisions thereof on page 15 under Economic Development that with the City's growing population and job base comes the need for increased municipal services and the necessity to improve existing service delivery systems. The cost of providing these services presents a fiscal challenge to the City. Meridian can meet this challenge in part by continuing to expand its economic base and creating new job opportunities for citizens. Commercial Activity Centers: Retail, commercial and office development are frequent partners within Commercial Activity Centers. Tn order to support residential and industrial developments, areas should be set aside as Commercial Activity Centers and their development carefully guided. Various commercial activity centers are designated on the generalized land use map. Planning policies pertaining to commercial activity centers are presented in the land use chapter of the plan. Economic Development Goal Statement: Meridian seeks to stimulate, encourage and give preference to those types of economic activities and developments which provided for the employment of Meridian citizens and area residents, and reduce the need for people to commute to neighboring cities for work. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 11 Policies: 1. The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate to Meridian. 2. It is the policy of the City of Meridian to set aside areas where commercial and industrial interest and activities are to dominate. 3. Positive programs should be undertaken to support existing industrial and commercial areas to ensure their continued vitality, such as: Zoning changes to assure desired economic development. Land Use: Commercial and retail areas are established along major arterials, (East First Street, Cherry Lane, Fairview Avenue, Franklin and Meridian Roads) and include small commercial centers and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. Commercial Policies: Encourage new commercial development within under-utilized existing commercial areas. Encourage commercial uses, offices and medical-care uses to located in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. Special Community Design Areas Goal Statement: Promote, encourage, and enhance an aesthetically-pleasing community by requiring good design and appearance in all special areas. Policies: Require businesses and government to install and maintain landscaping. 2. Encourage area beautification through uniform sign design FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 12 that enhances the community. • 3. Encourage the beautification of streets, parking lots, public lands, and state highways. 4. Encourage the use of attractive open space, landscaping, lighting and street furniture for the benefit of the public. 26.5 The proposed development will be consistent with the goal of supplying employment and economic self-sufficiency for the existing and future residents of the City and the reduction of the reliance upon Boise and the strengthening of the City's ability to finance and implement public improvements, services and its open space character. 26.6 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 26.7 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 26.8 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive plan and the Zoning ordinances of the City to the subject application. 27. The proposed uses, subject to the conditions as found by the Council, would be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 13 28. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW A11 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 property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 65-6512 and pursuant to 11-2-418 of the Zoning and Development Ordinance of the City of Meridian. 3. The City 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 State. 4. The property is zoned (C-G) General Retail and Service Commercial designation. The (C-G), General Retail and Service Commercial is described in the Zoning Ordinance, 11-2-408 B 11 as follows: "(C-G) General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 14 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." S. The Zoning Schedule of Use Control as contained in the Zoning and Development Ordinance of the City of Meridian, Section 11-2-409, provides and regulates the type of use allowed as either a permitted use, a conditional use, or permitted as an accessory use or not permitted. In the (C-G) zone automobile repair shops are required to have a conditional use permit and automotive service stations are a permitted use in said zone. 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. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Section 11-2-418H Municipal Code of the City of Meridian and 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 is a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 15 conditional use may be in existence. 8. Section 11-2-418D 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." 9. This application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning and Development Ordinance of the 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. 10. 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. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH ARE HEREIN ADOPTED, THE CITY COUNCIL DOES HEREBY ORDER AND THIS DOES ORDER that the applicant, John Biss, is hereby granted a conditional use permit FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 16 • subject to the following terms and conditions to-wit: 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 17 ANY PORTION OF MERIDLAN ROAD. PARCEL II GRAN"I'ING 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 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 20`x, 1998 Sheets A-O1 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 18 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. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 19 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 Parlc. It is therefore concluded that the conditional use permit for the subject property is in the best interest of the City of Meridian, and it is ordered that the conditional use permit shall be conditioned upon meeting the requirements of this Decision and Order, and if the conditions hereinabove -are not complied with by the applicant, the applicant shall not be entitled to hook up to water and sewer nor obtain an occupancy permit or a temporary occupancy permit unless compliance with these conditions would naturally require temporary hook up and temporary occupancy permit in order to complete the development as is required by this permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 20 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may, within twenty-eight (28) days after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER The City Council of the City of Meridian hereby adopts and approves this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER. ROLL CALL MOTION: COUNCILMAN KEITH BIRD VOTED COUNCILMAN RON ANDERSON VOTED COUNCILMAN CHARLIE ROUNTREE VOTED- ~~ COUNCILMAN GLENN BENTLEY VOTED ~- MAYOR ROBERT CORRIE (TIE BREAKER) VOTED-- `~ ._ ~.~. _ APPROVED~~-ter- ey/Z:\Government\Work\M\Meridian 15360N1\BissFCSCUP.Ord DISAPPROVED: REcE~;D JAN 1 9 1999 CITY OF MERIDIAN FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT, JOHN BISS - 21