HomeMy WebLinkAboutTreasure Valley Marine CUP-09-011CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF E IDIAN~---
LAW AND
DECISION & ORDER
In the Matter of the Request for a Conditional Use Permit for a Light Industry Use in the
C-G Zoning District for Treasure Valley Marine, Inc., Located at 483 E. Franklin Road, by
Bohnenkamp's Whitewater Customs, Inc.
Case No(s). CUP-09-011
For the Planning and Zoning Commission Hearing Date of: December 17, 2009 (Findings
on January 7, 2010)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 17, 2009,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 17, 2009,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
December 17, 2009, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of December 17, 2009, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 Meridian City Code, and all current zoning maps
thereof. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,
2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
C1TY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-09-01 I
Page 1
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Chairman of the Commission and City Clerk and then a copy
served by the Clerk upon the applicant, the Planning Department, the Public Works
Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval in the attached Staff Report
for the hearing date of December 17, 2009, incorporated by reference. The conditions are
concluded to be reasonable and the applicant shall meet such requirements as a condition
of approval of the application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's Conditional User Permit request is hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of December 17, 2009, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission maybe granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-09-O1 l
Page 2
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review maybe filed.
2. 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 maybe adversely affected by the issuance or denial of
the conditional use permit approval 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.
F. Attached: Staff Report for the hearing date of December 17, 2009.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-09-O1 l
Page 3
By action of the Planning & Zoning Commission at its regular meeting held on the
day of ~., ~. .- ~, 20C~.
IL'
COM U-~-A4~~-
(Chair)
COMMISSIONER MICHAEL ROHM
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER TOM O'BRIEN
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Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
By: ~~~~~~ ~ ~ Dated: ~~ (~~ ~ (J
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-09-o1 I
Page 4
STAFF REPORT Hearing Date: December 17, 2009
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: CUP-09-011 -Treasure Valley Marine
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I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Bohnenkamp's Whitewater Customs, Inc., has applied for Conditional Use Permit
(CUP) approval of a light industry use in the C-G zoning district for Treasure Valley Marine, Inc. The
proposed use consists of the fabrication and assembly of aluminum jet boats for sale to qualified
dealers only.
II. SUMMARY RECOMMENDATION
Staff is recommending approval of the proposed CUP with the conditions listed in Exhibit B, based
on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report.
The Meridian Planning and Zoning Commission heard this item on December 17, 2009. At the
public hearing, they moved to approve CUP-09-011.
a. Summary of Commission Public Hearing:
i. In favor: Chris Bohnenkamp
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: Anna Canning
b. Key Issues of Discussion by Commission:
i. None
c. Key Commission Changes to Staff Recommendation:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-09-
O 11, as presented in the staff report for the hearing date of December 17, 2009 with the following
modifications: (Add any proposed modifications.) Ifurther move to direct Staff to prepare an
appropriate findings document to be considered at the next Planning and Zoning Commission hearing
on January 7, 2010.
Denial
After considering all staff, applicant and public testimony, I move to deny CUP-09-011, as
presented during the hearing on December 17, 2009, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number CUP-09-011 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
Treasure Valley Marine CUP-09-O1 1 PAGE 1
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
483 E. Franklin Road
Located in the northwest % of Section 18, Township 3 North, Range 1 East
B. Owner(s):
Ed Davis, Sunbelt Properties, LLC
P.O. Box 1965
Sun Valley, ID 83353
C. Applicant:
Bohnenkamp's Whitewater Customs, Inc.
483 E. Franklin Road
Meridian, ID 83642
D. Representative: Chris Bohnenkamp, Treasure Valley Marine, Inc.
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit. A public hearing is required before the
Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: November 30, and December 14, 2009
C. Radius notices mailed to properties within 300 feet on: November 19, 2009
D. Applicant posted notice on site by: December 4, 2009
VL LAND USE
A. Existing Land Use(s) and Zoning: There is currently an 11,900 square foot structure on this site.
The property is zoned C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is currently
surrounded by commercial property, zoned C-G, and industrial property, zoned I-L.
C. History of Previous Actions:
- A Certificate of Zoning Compliance (CZC-06-040) was approved for an 11,900 square foot
building for commercial rental/sales for Sunbelt Equipment Rental on this site in 2006.
- A Certificate of Zoning Verification (CZCV-09-005) application was approved by the
Planning Department on November 10, 2009, for vehicle sales or rental and service on this
site subject to compliance with the specific use standards listed in UDC 11-4-3-38.
D. Utilities:
1. Public Works:
a. Location of sewer: currently served from E. Franklin Road
b. Location of water: currently served from E. Franklin Road
Treasure Valley Marine CUP-U9-Ol 1 PAGE 2
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
Flood Plain: This property is not within the floodway or within a flood zone according to
FEMA maps.
F. Access: Access to this site is provided from E. Franklin Road and E. Scenery Lane.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Cotmnercial" on the Comprehensive Plan Future Land Use Map. In
Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of
commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service
and office uses, multi-family residential, as well as appropriate public uses such as government
offices. Staff finds that the request generally conforms to this stated purpose and intent of the
commercial designation within the Comprehensive Plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned
for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian currently provides municipal services to the subject
property in the following manner:
• Sanitary sewer and water service has been extended to the property.
• The lands are serviced by the Meridian Fire Department (MFD).
• The lands are serviced by the Meridian Police Department (MPD).
• The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACHD). This service will not change.
• The subject lands are currently serviced by the Meridian School District #2. This service will
not change.
• The subject lands are currently serviced by the Meridian Library District. This service will
not change.
Municipal, fee-supported, sen~ices will continue to be provided by the Meridian Building
Department, the Meridian Public Works Department, the Meridian Water Department, the
Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
• Chapter VII, Goal IV (page 112) Encourage compatible uses to minimize conflicts and
maximize use of land.
Staff believes the proposed use of this property is compatible with surrounding commercial and
industrial uses.
• Chapter VII, Goal I, Objective B (page 109) -Plan for a variety of commercial and retail
opportunities within the Impact Area.
Treasure Valley Marine CUP-09-O1 1 PAGE 3
Staff believes the addition of the proposed jet boat fabrication, assembly, and sales business will
contribute to the variety of commercial and retail opportunities within the Ciry.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the C-G district is to provide for commercial uses
which are customarily operated 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 oftravel-related services, as well
as retail sales for the transient and permanent motoring public.
B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the principal permitted,
accessory, conditional, and prohibited uses in the C-G zoning district. The proposed light industry
use requires conditional use permit approval in the C-G district. Compliance with the specific use
standards listed in UDC 11-4-3-25 for light industry uses is required. Additionally, vehicles sales
or rental is a principal permitted use in the C-G district; however, the applicant must comply with
the specific use standards for such use listed in UDC 11-4-3-38.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G
zoning district apply to this site.
D. Landscaping Standards (UDC 11-3B): Landscaping is not required with this application.
1. Width of street buffer(s): NA
2. Width of buffer(s) between land uses: NA
3. Percentage of site as open space: NA
4. Tree Preservation: NA
E. Off-Street Parking: UDC 11-3C-6B requires one off-street vehicle parking space for every 500
square feet of gross floor area in commercial districts. The total square footage of the existing
building is 11,900. Based on this amount, a total of 24 parking stalls are required. A total of 24
parking stalls are provided on the site, which meets UDC requirements.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The Applicant is requesting conditional use approval for a light industry use in a C-G district as
required by UDC Table 11-2B-2. There is an existing 11,900 square foot building on this
property that the applicant plans to use for the fabrication and assembly of aluminum jet boats.
The end product will be made available to qualified dealers only. As stated above in Section VIII,
the proposed use is subject to the specific use standards listed in UDC 11-4-3-25 for light industry
uses. Staff has reviewed these standards and found the proposed use in compliance with the
standards listed.
A retail showroom will be contained inside the building; outdoor display of products is prohibited
unless approved in the future through a new Certificate of Zoning Compliance and Design
Review application. As stated above in Section VIII, the proposed use is subject to the specific
use standards listed in UDC 11-4-3-38 for vehicle sales or rental uses. Note: Although vehicle
sales is a principal permitted use in the C-G district, outdoor display areas are not depicted on
the site plan. Therefore, if outdoor display areas are proposed on the site in the future, the
applicant must comply with the specific use standards listed in UDC 11-4-3-38 for Vehicle Sales
or Rental uses and a new Certification of Zoning Compliance and Design Review application will
Treasure Valley Marine CUP-09-O1 1 PAGE 4
be required to be submitted to the Planning Department for review to ensure compliance with the
aforementioned standards and the guidelines in the Design Manual.
Because only interior improvements to the structure are proposed, Staff is not requiring additional
site improvements at this time. Staff is supportive of the proposed CUP application per the
findings listed in Exhibit C of this report.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Site Plan
3. Landscape Plan
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
Treasure Valley Marine CUP-o9-ol 1 PAGE 5
Exhibit A.1: Vicinity/Zoning Map
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Treasure Valley Marine CUP-U9-U1 1 PAGE 6
Exhibit A.2: Site Plan
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Exhibit A.3: Landscape Plan
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Treasure Valley Marine CUP-09-O1 l PAGE 8
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B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The site plan prepared by Larson Architects, P.A., dated 3/20/06, and the landscape plan prepared
by The Land Group, dated 4/20/06, is hereby approved with no changes.
1.2 The applicant shall comply with the specific use standards listed in UDC 11-4-3-25 for light
industry uses and the specific use standards listed in UDC 11-4-3-38 for vehicle sales or rental.
1.3 Prior to establishment of the proposed use, the applicant shall be required to submit a Certificate
of Zoning Compliance Verification application to the Planning Department for this site.
1.4 If outdoor vehicle display areas are proposed on this site in the future, the applicant shall submit a
new Certificate of Zoning Compliance and Design Review application for review by the Planning
Department to ensure compliance with the specific use standards listed in UDC 11-4-3-38 for
vehicle sales or rental.
1.5 The applicant shall have a maximum of 18 months to commence the light industrial use as
permitted in accord with the conditions of approval listed above. If the business has not begun
within 18 months of approval, a new conditional use permit must be obtained prior to operation
(UDC 11-SB-6F).
1.6 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with this application
3. FIRE DEPARTMENT
3.1 The applicant shall contact Joe Silva, Meridian Deputy Fire Chief, to confirm adequacy of the
fire sprinkler system.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. SANITARY SERVICES
5.1 SSC has no comments related to this application.
6. ADA COUNTY HIGHWAY DISTRICT
The District has no comment on the site improvements at this time due to the fact that all
improvements exist abutting the site.
• The applicant will be required to update any existing non-compliant pedestrian
improvements adjacent to the site to meet current ADA (American's with Disabilities
Act) requirements.
If the site plan or use should change in the future, ACHD Plarming Review will review the
site plan and may require improvements to the transportation system at that time.
Prior to final approval you will need to submit construction plans to the ACHD Development
Review Section to insure compliance with the conditions identified above and/or for traffic
impact fee assessment. This is a separate review process that requires direct plans submittal to
the Development Review staff at the Highway District.
Treasure Valley Marine CUP-U9-Ol 1 PAGE 10
A traffic impact fee will need to be assessed by ACHD and will be due prior to the issuance of
a building permit. Contact ACHD Planning & Development Services at 387-6170 for
information regarding impact fees.
Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk,
pavement widening, driveways, culverts, etc), a permit or license agreement must be obtained
from ACHD.
7. PARKS DEPARTMENT
7.1 The Parks Department did not provide comments on this application.
Treasure Valley Marine CUP-09-O1 1 PAGE 11
C. Required Findings from Unified Development Code
The Commission shall base its determination on the Conditional Use Permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
The Commission finds that the subject property is large enough to accommodate the proposed use
and the dimensional and development regulations of the C-G district, including parking and other
features required by the UDC.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
The Commission finds that the Comprehensive Plan future land use map designation of
Commercial for this site is consistent with the current C-G zoning. Further, the Commission finds
the proposed use of the site is consistent with the Comprehensive Plan in that the proposed use
will contribute to the variety of opportunities available in the City. The proposed use is generally
harmonious with the requirements of the UDC (see Sections VII, VIII, and IX above for more
information).
3. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential character of the same area.
The Commission finds that if the applicant complies with the conditions outlined in this report,
the proposed use should be compatible with other uses in the general neighborhood and with the
existing and intended character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
The Commission finds that if the applicant complies with the conditions outlined in this report,
the proposed use will not adversely affect other property in the area.
5. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are
currently available to the subject property. Please refer to any comments prepared by the
Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation
and ACRD. Based on comments from other agencies and departments, the Commission finds that
the proposed use will be served adequately by all of the public facilities and services listed above.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and that the
proposed use will not be detrimental to the community's economic welfare.
Treasure Valley Marine CUP-09-o1 l PAGE 12
7. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Commission recognizes that traffic and noise will likely increase with the approval of the
proposed use in this location; however, the Commission does not believe that the amount
generated will be detrimental to the general welfare of the public. The Commission does not
anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. The
Commission finds that the proposed use will not be detrimental to people, property or the general
welfare of the area.
8. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use. The Commission finds that the proposed use will not result in
the destruction, loss or damage of any natural, scenic or historic feature of major importance.
Exhibit A