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HomeMy WebLinkAboutOPMCUPRecsRECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A USED CAR LOT AND MORTGAGE OFFICE BY OPM ENTERPRISES CUP-03 – 037 Page 1 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A USED CAR LOT AND MORTGAGE OFFICE IN A C-G ZONE OPM Enterprises, Inc. Applicant ) ) ) ) ) ) Case No. CUP- 03-037 RECOMMENDATION TO CITY COUNCIL 1. The property is located at 1065 E. Fairview Avenue, Meridian. 2. The owner of record of the subject property is Marshall Ogden. 3. Applicant is OPM Enterprises, Inc. 4. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The Applicant requests the Conditional Use Permit for a used car lot and mortgage office in a C-G zone. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. 8. The Planning and Zoning Commission recognized the concerns of Clarence and BernaDeanne Morgan, expressed in their letter dated July 24, 2003. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A USED CAR LOT AND MORTGAGE OFFICE BY OPM ENTERPRISES CUP-03 – 037 Page 2 RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Modify site-specific number 1 on page 4 to require the applicant to modify the parking plan to comply with the Meriidan City Code and the driveway entrances to comply with ACHD’s request for a single driveway at the center of the property. 2. Modify site specific requirement number 4 on page 4 to require a 25’ landscape buffer to be installed on the northern edge of the subject property and a 6’ cedar fence to be installed on the southern edge of the property and depicted on the revised site plan. 3. Modify site specific requirement number 13, page 5, second sentence to change the word “designer” to “applicant” and the fourth sentence to read “The applicant shall connect to water services prior to any use on the property.” 4. Add a site specific requirement number 15 requiring that all wells on the subject property be abandoned. 5. Add a site specific requirement number 16 requiring the applicant to tile the ditch on the subject property. 6. Add a site specific requirement number 17 requiring applicant to revise the Site Plan with all required revisions to the Site Plan and also a Landscape Plan and an application for alternative compliance to the landscaping requirements which shall be submitted ten days prior to the City Council hearing. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. All parking and areas of circulation shall be improved with a hard surface in accordance with MCC 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan, ADA and MCC 11-13-4.F. 2. Four percent (4%) of the proposed parking lot must be landscaped. This landscaping must be depicted on the revised landscaping plan. 3. A van-accessible handicapped parking spot meeting ADA requirements must be included in the proposed parking lot and depicted on the revised site plan. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A USED CAR LOT AND MORTGAGE OFFICE BY OPM ENTERPRISES CUP-03 – 037 Page 3 4. A 25’ landscape buffer must be installed on the southern and northern edges of the subject property and depicted on the revised site plans. 5. Ten parking spaces must be dedicated to customers of the used car lot and mortgage business. The parking spaces can be located in either the proposed parking lot or the existing parking lot. 6. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 8. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 9. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 11. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 12. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A USED CAR LOT AND MORTGAGE OFFICE BY OPM ENTERPRISES CUP-03 – 037 Page 4 13. Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing existing and proposed utility mains and service connection. Sanitary sewer service is not available to the site at this time. The applicant shall connect to all essential city services, prior to any use on the property. Sewer is currently not available to this site. Applicant shall be required to connect this existing structure to the sanitary sewer system when it becomes available from the south. Expansion of the existing structure or new construction on the subject property will not be allowed unless sanitary sewer is brought to the site by the applicant. 14. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. D. Adopt the Recommendations of the Ada County Highway District as follows: A. Site Specific Conditions of Approval 1. The applicant shall do one of the following: a. Dedicate by donation a total of 60-feet of right-of-way from centerline along Fairview Avenue, and construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 41-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Fairview Avenue, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct a 25-foot wide driveway that intersects Fairview Avenue approximately 85-feet east of the west property line, as proposed. Construct the driveway as a curb return type driveway and pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 3. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A USED CAR LOT AND MORTGAGE OFFICE BY OPM ENTERPRISES CUP-03 – 037 Page 5 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A USED CAR LOT AND MORTGAGE OFFICE BY OPM ENTERPRISES CUP-03 – 037 Page 6 other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of Central District Health Department as follows: 1. Central District Health has no objections to the proposal. E. Adopt the Recommendations of the Nampa-Meridian Irrigation District as follows: 1. All municipal surface drainage must be retained on site. 2. The developer must comply with Idaho Code 31-3805.