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HomeMy WebLinkAboutOPM Enterprises CUP 03-037BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/16/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A USED CAR LOT AND MORTGAGE OFFICE IN A C-G ZONE, LOCATED AT 1065 E. FAIRVIEW AVENUE, MERH)IAN, IDAHO Case No. CUP-03-037 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT O.P.M. ENTERPRISES, INC., APPLICANT The above entitled conditional use permit application having come before the City Council on September 16, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Justin Walker, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 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 September 16, 2003, before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTITONAL USE PERMTI' PAGE 1 OF 20 the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of al] 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 September 16, 2003, public hearings; 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 heazing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in a C-G zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 1065 E. Fairview Avenue, Meridian, Idaho, and the pazcel is contiguous to existing city limits. 5. The owner of record of the subject property is Marshall Ogden. 6. Applicant is O.P.M. Enterprises, Inc. 7. The subject property is currently zoned C-G. The zoning district of C-G is defined FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERNIIT PAGE 2 OF 20 within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a 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.) 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Commercial. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. The City Council recognizes the concerns of Clazence and BemaDeanne Morgan, expressed in their letter dated July 24, 2003. 13. 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERNIIT PAGE 3 OF 20 City of Meridian, subject to the following: A. Adopt the Special Rewmmendations of the Planning and Zoning Commission as follows: 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 Bequest 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. 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. (Note: Existing wells may be used for irrigafion only, and not abandoned, if the wells are completely disconnected from the potable water system in the existing buildings. The disconnection must be physically inspected by the Water Department before the structures can be connected to the City water system.) 5. Add a site specific requirement number 16 requiring the applicant to the 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 mustbe landscaped. This landscaping must be depicted on the revised landscaping plan. 3. Avan-accessible handicapped parking spot meeting ADA requirements must be included in the proposed parking lot and depicted on the revised site plan. 4. A 25' landscape buffer must be installed on the southern and northern edges of the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 4 OF 20 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 orright-of--way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 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 Pracfices for Idaho Cities and Counties and City of Meridian standazds 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMTP PAGE 5 OF 20 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 ofZoning Compliance and a Building Permit shall be obtained prior to the start of construction. C. Adopt the Recommendations of the Ada County Highway District as follows: Site Snecifc Conditions ofAnnroval The applicant shall do one of the following a. Dedicate by donation a total of 60-feet ofright-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 exisfing 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMTP PAGE 6 OF 20 Standard Conditions ofApproval Any existing irrigation facilities shall be relocated outside of the right-of--way. 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 maybe 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. Construcfion, 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 ACRD 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 ACRD 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 20 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 awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendatons of Central District Health Department as follows: Central District Health has no objections to the proposal. E. Adopt the Recommendations of the Nampa-Meridian Irrigation District as follows: 1. All murricipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. F. Adopt the Recommendations of the Meridian Fire Department as follows: That a fire flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. Provide one fire hydrant within 350' of the proposed project. Show all fire hydrants within 500' of the project. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 4. All fire lanes shall have an unobstructed width of 20'. UFC 902.2.1 G. Adopt the action of the City Council taken at their September 16, 2003 meeting as follows: The Council takes into record and approves the applicant's memo dated September 16, 2003,which is on file in the Meridian City Clerk's office, 33 East Idaho Street, Meridian, Idaho, wherein the applicant submitted a Site Plan dated September 8, 2003 and a Landscape Plan showing a revision date of September 16, 2003, which both documents are approved. Also noted within the memo, the applicant is unable to comply with a landscape buffer along the west side of the property due to the existing building being too close to the property line. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE S OF 20 14. It is found that the MCC requires 1 parking space for each 200 square feet of floor area for the proposed mortgage office and requires that the one third of the parking lot for auto sales be dedicated to customer parking. The applicant will be required to provide five dedicated spaces for customers of the auto sales lot and five spaces for customers of the mortgage office. The applicant must also include a handicap pazking space which will be van accessible per ADA requirements. The MCC's landscape ordinance requires that at least 4% of the proposed parking lot be landscaped. The applicant did submit on September 16, 2003 a memo with a Site Plan dated September 8, 2003, and a Landscape Plan showing a revision date of September 16, 2003. 15. The current Comprehensive Plan Land Use Map designates the property as "Commerical" and is currently zoned C-G. The proposed use is harmonious with the Comprehensive Plan. It is further found that the proposed use is in compliance with the Meridian City Code. 16. It is found that the proposed use will be compatible with the other commercial uses found on Fairview Avenue in the general vicinity of the subject property. The property to the north and to the west of the subject property is zoned for commercial use and there are many commercial uses found on Fairview Avenue. 17. It is not anticipated that the proposed uses will have an adverse affect on the other property in the vicinity due to the existing traffic conditions in the subject area and the potential for the proposed application to add to existing traffic problems. 18. It is found that the proposed development can be adequately served by the essential public facilities and services, including: streets, police and fire protection, drainage structures, refuse disposal, and water, with the exception of sanitary sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 9 OF 20 19. It is found that the proposed use will not create additional requirements at public cost for public facilities and service and will not be detrimental to the economic welfare of the community. 20. It is not anticipated that the proposed use will not be detrimental to any persons, property, or the general welfare. 21. It is found that the proposed use will not create interference with traffic on the surrounding public streets. 22. It is not found that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 10 OF 20 adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the' proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. 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; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protecfion, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. 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; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. 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. 5. Prior to granting a conditional use permit in the C-G zone a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMTP PAGE 11 OF 20 for the conditional use permit all in accordance with the provisions of Meridian City Code § 11- 17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall beheld before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 12 OF 20 Ordinance. 8. 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. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a used car lot and mortgage office in the C-G zone located at 1065 E. Fairview Avenue, Meridian, Idaho, subject to the following conditions of use and development, 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. (Note: Existing wells may be used for irrigation only, and not abandoned, if the wells are completely disconnected from the potable water system in the existing buildings. The disconnection must be physically inspected by the Water Deparhnent before the structures can be connected to the City water system.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 20 5. Add a site specific requirement number 16 requiring the applicant to the 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. Avan-accessible handicapped parking spot meeting ADA requirements must be included in the proposed parking lot and depicted on the revised site plan. 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 pazking spaces must be dedicated to customers of the used caz 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 bedown-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 pazking 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTl'IONAL USE PERMIT PAGE 14 OF 20 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. 13. Water and sewer service locations to serve this proposed building were not shown on the submitted site plan. The designer shall famish 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. C. Adopt the Recommendations of the Ada County Highway District as follows: Site Specific Conditions ofAnnraval 1. The applicant shall do one of the following: a. Dedicate by donation a total of 60-feet ofright-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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 15 OF 20 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 sidewallc 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. Comply with all Standard Conditions of Approval. Standard Conditions ol''ADnroval Any existing irrigation facilities shall be relocated outside of the right-of--way. 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 maybe 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMTI' PAGE 16 OF 20 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 representafive 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 awaiver/variance of said requirements or 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. If any surface drainage leaves the site, the District must review drainage plans. 2. SThe developer must comply with Idaho Code 31-3805. F. Adopt the Recommendations of the Meridian Fire Department as follows: That a fire flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the enfire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. Provide one fire hydrant within 350' of the proposed project. Show all fire hydrants within 500' of the project. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERNIIT PAGE 17 OF 20 4. All fire lanes shall have an unobstructed width of 20'. UFC 902.2.1 G. Adopt the action of the City Council taken at their September 16, 2003 meeting as follows: The Council takes into record and approves the applicant's memo dated September 16, 2003,which is on file in the Meridian City Clerk's office, 33 East Idaho Street, Meridian, Idaho, wherein the applicant submitted a Site Plan dated September 8, 2003 and a Landscape Plan showing a revision date of September 16, 2003, which both documents are approved. Also noted within the memo, the applicant is unable to comply with a landscape buffer along the west side of the property due to the existing building being too close to the property line. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTPIONAL USE PERMIT PAGE 18 OF 20 complefion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring 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 year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may 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. 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 FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTTIONAL USE PERMIT PAGE 19 OF 20 and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. (1 By action of the City Council at its regular meeting held on the ~ ®' ~ day of e/ , 2003. ROLL CALL: COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc LANDLESS COUNCILMAN WILLIAM L.M. NARY VOTED VOTED~w VOTED VOTED~~- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: 9 2~j -Q3 MOTION: APPROVED: DISAPPROVED: `"p++, N n u N~iq \`\~,~~~y pF ME~fO~''o Attest: ~ \C)' \~pRVORq A~. ~9ti William G. Berg, Jr., Ci lerk ,'/.yoq ~r Igt , ~,9°P~ Copy served upon Applicant, Plannirfg.~f lZ~g ~p~~~ Department and the City Attorney. ~r"""~ """~~ B~ Ity Clerk !OCGGr/.ocr_~C. Public Works ``i~,++++~~~,urrr,~ ``~~.~` y OF A?~~~o~F,,~ G~~ ° ~pnPar '~, ~r '~; .. so q_ ~.~, 23 03 -pd ~~r Ise ~ ~`~~ o '` Z:1Work1[vi\Meridisn~Ivleridian 153601MO.P.M. Enterprises CUP-03-03TF£Cls CUP-03-037.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT PAGE 20 OF 20 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/16/03 IN THE MATTER OF THE REQUEST FOR CONDTTIONAL USE PERMIT FOR A USED CAR LOT AND MORTGAGE OFFICE IN A C-G ZONE, LOCATED AT 1065 E. FAIRVIEW AVENUE, MERIDIAN, IDAHO Case No. CUP-03-037 O.P.M. ENTERPRISES, INC., APPLICANT ORDER GRANTING CONDITIONAL U5E PERMIT This matter coming before the City Council on September 16, 2003, under the provisions of Meridian City Code § 11-17-4 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: 2. That the above named applicant is granted a conditional use permit for a used car lot and mortgage office in s C-G zone located at 1065 E. Fairview Avenue, Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMTT (CUP-03-037) , PAGE 1 OF 9 A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 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. 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. (Note: Existing wells may be used for imgation only, and not abandoned, if the wells are completely disconnected from the potable water system in the existing buildings. The disconnection must be physically inspected by the Water Department before the structures can be connected to the City water system.) 5. Add a site specific requirement number 16 requiring the applicant to the 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 applicafion 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: All parking and azeas of circulation shall be improved with a hazd 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. Avan-accessible handicapped pazking spot meeting ADA requirements must be included in the proposed parking lot and depicted on the revised site plan. 4. A 25' landscape buffer must be installed on the southern and northern edges of the subject ORDER CONDTTIONAL USE PERNIIT (CUP-03-037) PAGE 2 OF 9 property and depicted on the revised site plans. 5. Ten parking spaces must be dedicated to customers of the used caz lot and mortgage business. The parking spaces can be located in either the proposed parking lot or the existing pazking 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 orright-of--way. All pazking lot lighting shall be in accordance with Ordinance 11- 13-4C. 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 azchitect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street pazking 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 standazds 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 imgation). 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 ORDER CONDFfIONAL USE PERMTP (CUP-03-037) , PAGE 3 OF 9 restrictions/conditions. 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 ufility mains and service connection. Sanitary sewer service is not available to the site at this 6me. The applicant shall connect to all essential city services, prior to any use on the property. Sewer is cunently 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. C. Adopt the Recommendations of the Ada County Highway District as follows: Site Snecifrc Conditions ofAnnroval The applicant shall do one of the following: a. Dedicate by donation a total of 60-feet ofright-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 Standazd Conditions of Approval. ORDER CONDITIONAL USE PERMIT (CUP-03-03'7) , PAGE 4 OF 9 Standard Conditions ofAnnroval 1. Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter and sidewalk and any that maybe 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 ACRD 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. 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 ORDER CONDTTIONAL USE PERMIT (CUP-03-037) , PAGE 5 OF 9 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 axles, 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 awaiver/variance of said requirements or 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: 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. If any surface drainage leaves the site, the District must review drainage plans. 2. The developer must comply with Idaho Code 31-3805. F. Adopt the Recommendations of the Meridian Fire Department as follows: That a fire flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. Provide one fire hydrant within 350' of the proposed project. Show all fire hydrants within 500' of the project. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads. 4. All fire lanes shall have an unobstructed width of 20'. UFC 902.2.1 G. Adopt the action ofthe City Council taken at their September 16, 2003 meeting as follows: The Council takes into record and approves the applicant's memo dated September 16, 2003,which is on file in the Meridian City Clerk's office, 33 East Idaho Street, Meridian, Idaho, wherein the applicant submitted a Site Plan dated September 8, 2003 and a Landscape Plan showing a revision date of September 16, 2003, which both documents are approved. Also noted within the memo, the applicant is unable ORDER CONDITIONAL USE PERNIIT (CUP-03-037) PAGE 6 OF 9 to comply with a landscape buffer along the west side of the property due to the existing building being too close to the property line. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the condifional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty {30) days prior to the deadline for completion of the project. For projects requiring 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 ORDER CONDITIONAL USE PERNIIT (CUP-03-037) PAGE 7 OF 9 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 year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may 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 Petifion for Judicial Review maybe filed. 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 this decision 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. ORDER CONDITIONAL U5E PERMIT (CUP-03-037) PAGE 8 OF 9 By action of the City Council at its regulaz meeting held on the ~,~~~"~'~' 2003. Attest: `~`~,~y OF ~~l C? \~p~w~r,~ rho 23 ~ day of wee:-~ riG /~rr~.~Gw-t 3~ William G. Berg, Jr., City lerl = 9 ~~ ~~' ~;. O -y ~°_ , ~ ~~~' noun, v `~'P Copy served upon Applicant, the Planning anc~'~dhii~~g"Department, Public and City Attorney. BY~~~-~ ~ ~7'` Dated: City Clerk J'-23 -~3 Z:\Work\MVNertdian~Lferidian 15360IvAO.P.M. Enterprises CUP-03-037~Orde~CUP.doc ORDER CONDTTIONAL USE PERMIT (CUP-03-03~ , PAGE 9 OF 9 foFwa~ ~~ ~~ ~- - ~. 9 ~~ - '~' ~ l ,, ~' `1 ~\ "'~~unnn ii~ur.~~