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HomeMy WebLinkAboutCentennial Motors CUPOFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ • HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA MERIDIAN REE R ~ CITY OF ENN R. BENTLE G 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & z coMMlssioN Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Ha11, Attn: Will Berg, City Clerk by: August 5, 1997 TRANSMITTAL DATE: 7/17/97 HEARING DATE: 8/12/97 REQUEST: Conditional Use Permit for Centennial Motors used car & truck sales BY: Centennial Motors LOCATION OF PROPERTY OR PROJECT: 1 Block West of Meridian Road on Franklin Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. 8c FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • • CITY OF MERIDIAN • APPLICATION FOR A CONDITIONAL USE PERMIT NAME: ZONING CLASSIFICATION: ~ '~' PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 • copies). I certify that the information contained herein is true and correct. at _. m. The purpose of the z~ ADDRESS: o~ ~ S^ W. ~/C ~'/~ /s-~.'D~ /C c~ ~~.C, U'~•4'.~J Zi~ GENERAL LOCATION: J ./S ~6G+~ G..I _ s~a~/~~.C.rC~~.A~~ /t1/. ~.4 /`~/~~~u~~ DESCRIPTION OF PROPOSED CONDITIONAL USE: y~'CeP ~i4ie- ~ ~~~ " LEGAL NOTICE OF PT JBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at 9` 4f •~- Signature of Applicant Social Security Number, ~ 7' ~~ ~~~ SUBDIVISION, BLOCK ,LOT TO • • • C~ J • CONTENTS OT' CONDITIONAL USE APPLICATION Centennial Motors Sam Fishel, Owner 1. Name, Address, and phone number of applicant: Centennial Motors Sam Fishel, Owner 225 W. Franklin Rd Meridian, Idaho 83642 888-5026 2. Name, Address, and phone number of owner: 3. Legal description of property: 4. Proof of Ownership And Consent: S. Description of existing use: 6. Present use of subject property: 7. Proposed Use of subject property: 8. The District (present zoning): Sam Fishel 734 Pennwood Meridian, Idaho 83642 888-7924 Commencing at the NE Comer Section 13 T3NR1W; thence West 668.6 feet to Real Point of Beginning, thence West 210.6 feet thence South 00 Degrees 28' 00", West 435.6 fcet thence West 100 feet thence South 00 Degrees 28' 00" West 221.2 feet thence East 310.6 feet thence North 00 Degrees 28' 00" Fast feet thence North 00 Degrees 28' 00"East 656.8 feet to Real Point of Beginning; and located at 225 West Franklin Road, Meridian, Idaho. Total land area being approximately acres. Sce Warranty Deed ~~~ . Applicant is Owner Buying and Selling of Used Motor Vehicles -Retail and Wholesale Buying and Selling of Used Motor Vehicles -Retail and Wholesale Buying And Selling of Used Motor Vehicles -Retail and Wholesale C-G 9. Thirty (30} Copies of Vicinity Map A!}o~., Scale 1 "=300' : See Vicinity Map 9~rctmrr • • A ~ ',. ~ ~ a ~_. /: . ;! ~ ~ i ~.i _ ~ .. ~ G ~ _ ..! , ~ • i I'... .i I• J ~; ~~ 10. Proposed site Plan for Conditional Use p ~,L, ~, 35 Copies: See Site Plan $ 11. Characteristics of Subject Property Which Make Conditional Use Permit Desirable: 12. Mailing Addresses of Property Owners Within 300' of external boundaries: 13. Established Fce: 14. Applicant Agrees to Pay Additional Charges: 1 S. Verification that Applicant Has Read Application and that it is true: 16. Applicant agrees to post Notice of Hearing: A~ see See &c~~s'S''3ectifln Sce Attached Check to Application Sce Alt1c~'~sS'~tiva ~}~.I~t Z Sce See ~~ ~ etion ~ ~ ~~ _ '~ :~, ; . . ., ~: r;; .~~ • I ~b_:.,_ - • WARRANTY DEED ~ r, ~~~~ ,~;`_~~_ _. ~~;. ..~~ :_. ~_.- Valley Implement, Inc., Grantor of 225 W. Franklin Road, Meridian, Idaho, hereby conveys, grants and warrants to George S. Fishel and Larree G. Fishel, husband and wife, Grantees, of 734 Pennwood, Meridian, Idaho, for the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the following described tract of land in the County of Ada, State of Idaho: Corrrriencing at the thence NE corner Section 13 T3NRiW;~West 668.6 feet to Real Point of Beginning, *West 210.6 feet thence South 00°28' 00 " West 435.6 feet thence West 100 feet thence South 00°28~ 00 "West 2 21.2 feet thence East 310.6 feet thence North 00 ° 28'00"East 656.8 feet to Real Point of Beginning; and located at 225 West Franklin Road, Meridian, Idaho. Total land area being approximately 3.684 acres more or less. *thence together with all and singular the tenement, hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate right, title, interest in the property, possession, claim and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in or to the said premises, and every pert and parcel thereof, with the appurtenances, together with all water and ditch rights thereon. TO HAVE AND TO HOLD All and singular the said premises, together with the appurtenances, unto the said party of the second part and to second party's heirs and assigns forever. ~J • ^' ..., • • d WITNESS the hand of said Grantor this ~~ n day of , • 19~, VALLEY IMPLEMENT, INC. BY /~ Q~L .~r~~o ~2vi Dale Bates, President ATTEST: By Owen Kase , Secr tary STATE OF IDAHO ) ' ss. County of Ada ) d On this ~ day of , 19 9<,3 , before me, a Notary Public, personally appeared DALE BATES and OWEN KASEL, known or identified to me to be the president and secretary of the corporation that executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. -~- *~ No ary Public for Idaho Residing~at ~/ ~q n~ Idaho My Commission Expires: a ~ X305876 FIRST A(UIERICAiV TITLE C0: ADA CCUtv~l"Y, I D. FOR J. DAVID NAb'ARRO RECORDER B ~~ '93 JflN 25 fl~110 `f? • • • .CENTENNIAL MOTORS zz5~iz W. Franklin Rd. Meridian, Idaho 836Az The Credit Car Co! SAM FISHEL 888-50z6 DEALER NO. 1679 Reference m #11 of Contents of Cond~ional Use Ptrnat Characteristics of Sttbjed Property Wlli~~ich Makes a Pernut Desirable Used motor vehicle sales have been conducted on or near the subject property for the past seven (7) years. Franklin Road is a well traveled road giving the property high visibility. Also, Franklin Road is scheduled for further expansion sometime in 1997. Ascetically, the property will be a plus because it will always be excellently maintained and improved. This will help the adjacent properties to increase in value. The public traffic that the property generates will benefit the surrounding businesses. The cash flow that Centennial Motors generates benefits the City of Meridian and the surrounding areas, through increased tax base, through employment, and the collection of sales, federal, state, and properly taxes. Advertising and the way we conduct our business draws many people into Meridian from areas outside the valley. From the employment of local people to fulfilling the transportation needs of the people, we make a contribution to the Meridian community. Sincerely, Sam Fishel ~ ~ • n U C~ J • • I, Sam Fishel, applicant for a conditional. use permit, agree to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use ~e residential, commercial or in 'al. Signed SAM FISHEL, APPLICANT I, Sam Fishel, do hereby certify that I had read. the contents of my application for a conditional use permit, and the information contained therein is true and correct. Signed SAM FISHEL, APPLICANT I, Sam Fishel, do hereby certify that the property will be posted one (1) week before the hearing date, announcing that I have applied. for a Conditional Use Permit. Signed SAM FISHEL, APPLICANT • .,~ .>. ~. ~, ~; , it a~ ,r. ~ ~ ~ , - -, ~ .. ~ ;, ,!° '# ! ~~; i .. ~ ~ '. • • • • K>o ~ ar~ ~ID ~ _ - - - ~ ~ i ~ ~ I s s W ~g m I$ I 6~ ~ ~~ a 14 ~ I I J 1 to I~I R I 11 €I ~I ~ ~ ~ J $ Y~ • ~'~ - g s SITE R.ld1. SIGN a /// GARY ~ ~ICHELBERG, AN, ARCHITECT seoe xPncurrc cr., eoaE iaao ena ~~UCI~~U~I~QI`-'~I~ ~~~46~~ 225 IN. FRAtdKLIN RD. HERIDIAIJ, IDAHO - ®®8-502b K m am ,~ W ,~. FRANKLN RD. • • • ~J ~ENTGNNIAL .MOTORS 2?_5'/z W. Fr~anl~lin Rd. Meridian, Idaho 83612 The Credit Car Co! DEALER NO. 1679 SAM FISHCL 888-5026 Reference to #Y2 of Contents of Conditional Use Permit Moiling Addresses of All Plroperty O-vrters fVrthin 300' Lawrence Rackham Siutzman/Hochatetler 1260 S. Eagle Rd 10790 W. Halstead Ln. #101 Meridian, Idaho 83642-6702 Boise, Idaho 83713-1143 Baird Oil P.O. Box 1658 Boise, Idaho 83701-1658 Harlan McKenzie 68 Rose Circle Meridian, Idaho 83642-2943 Donald Bennett • 4750 S. Maple Grove Rd. Boise, Idaho 83709-5463 Giesler's Auto Repair P.O. Box 624 Meridian, Idaho 83680-0624 Dale Duncan 2465 Overland Rd Boise, Idaho 83705-3173 Ada County 650 Main St. Boise, Idaho 83702 Ada County Farm Bureau P.O. Box 210 Meridian, Idaho 83680-0210 Ada Soil Conservation District 118 W. Franklin Rd. Meridian, Idaho 83642-2915 Fred Chadwick 66 Rose Circle Meridian, Idaho 83642-2943 Jerry Holloway 64 Rose Circle Meridian, Idaho 83642-2943 Gladys Abrahamson 62 Rose Circle Meridian, Idaho 83642-2943 Bernice Young 60 Rose Circle Meridian, Idaho 83642-2943 Edna McCreath 58 Rose Circle Meridian, Idaho 83642-2943 Ha~tsel & Sylvia Phelan, Trustees 56 Rose Circle Meridian, Idaho 83642-2943 C~ • • • • ~% ~ENTENN1,14,L N10TOI3~ The Credit- Car Co! DEALER NO. 1679 SAM FISHEL SSF3-5026 Reference to #IZ of Contentr of Con~ional Use Permit Mailing Addresses of All Properly Owners iR'uliin 300' (Coniq Roger L. Tenney June McKinley 5641 Trego St. P.O. Box 123 The Colony, Texas 75056-1437 Meridian, Idaho 83680 Lyle & James Petty Herald Cox, Trustee • 2896 Ithaca Ave. 383 River Rd. Boise, Idaho 83709-3309 Somerville, New Jersey 08876 Colleen Bristol Bradley Michaelson 50 Roae Circle 46 Roae Circle Meridian, Idaho 83642-2943 Meridian, Idaho 83642-2943 Bob Williams 44 Roae Circle Meridian, Idaho 83642-2943 • ZZ5'/z W. f"ranl~lin Rd. Meridian, Idaho 83642 C~ • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on August 12, 1997, for the purpose of reviewing and considering the Application of Centennial Motors, for a Conditional Use Permit for land located in the NE corner of Section 13, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located 1 Block West of Meridian Road on Franklin Road. The Application requests a Conditional Use Permit for used car and truck sales. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hatl, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 25th day of July, 1997. WILLIAM G. BERG, JR., CI C ERK PUBLISH July 25, and August 8, 1997. _ Km .did ,md - - ~~ ~~ ~ ~a~ I ~ s~ n I]= $ 8 qR Z p e I5 I ~ ~~ ~ ~~ ~ ~g ~~~~ E Is [ I 2 $ ; (~ 4 6i ~~ q»~ S e ~ ~ ~ o R ~ > ~ lA g ° m - v D u v x r =~ a i srrEaa+,sl~rl C~N~~P+OPdIc~L R°0®'~O~S a GARY Q ~ICHEIBERG, AIA, ARCHITECT 226 W. FRANKLIN RD. secs ~~ ~*- ~~ ~owo ^~' MERIDIAN, IDAHO - 888-5026 ax. aro m-wu Meridian City Council 'September 16, 1997 Page 19 Come: Motion made by Mr. Morrow, second by Mr. Rountree to approve of the findings of fact and conclusions of law as adopted by the Planning and Zoning, roll call vote. Discussion? Rountree: Do we want to clear up the point that the applicant made in the findings about restriping the handicapped parking? Morrow. We could amend the findings to indicate that is (inaudible) Rountree: Well it indicates in here that is to be done and he is indicating he has complied with the handicapped parking. Morrow. I guess the point Mr. Rountree in my mind would be that it is indicating here it is to be done, it has already been done so it is qualified. Rountree: Good point Corrie: Any further discussion? Roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: I will entertain a motion on the decision. Morrow. Mr. Mayor, the City Council of the City of Meridian approves the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law and similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements. Specifically including the restriping of the parking area which has been testified tonight that it has been completed. The location of the handicapped parking and spaces next to the existing bank building. That the paving and landscaping requirements and all the ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City of Meridian. Rountree: Second Corrie: Motion made and seconded to have the decision as read, any further discussion? Hearing none all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: REQUEST FOR A CONDITIONAL USE PERMIT FOR USED CAR AND TRUCK SALES BY CENTENNIAL MOTORS - 225 W. FRANKLIN ROAD: Meridian City Council 'September 16, 1997 Page 20 Corrie: A representative is here I know so would you like to step forward and give us some background on your conditional use permit request. Fishel; Yes, Mr. Mayor and Council, I am here to request the conditional use permit to continue my used car lot truck and sales at 225 W. Franklin Road. Also, work with the city and the county and of course the state on developing the property as a nice facility down there. That is why I am here. What I would like to do is to get a conditional use permit to operate legally complying with. the City until such time. we get Franklin road down there and put the sidewalk, curb and gutter (Inaudible) and the driveways and all the other types of things. I have been meeting with Ada County, on three different occasions. We have been planning but wish for you to understand that everything is subject to change in the development process. It was brought to my attention as you can read in the conclusions of law that we have expanded I have expanded the business and of course I understand It was brought to my attention that we need another conditional use permit #or that development. So that is what I am here for. I beg of you to grant me a conditional use permit so I can continue and to develop the property as of course we see fit. Corrie: Any questions Council of the applicant? Thank you very much. Staff, comments? Questions or discussion of the Council? I will entertain a motion on the findings of fact and conclusions of law. Morrow. Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law as prepared for us by the P & Z. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the findings of fact and conclusions of law as presented by the Planning and Zoning Commission, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie I wilt entertain a motion on the decision. Morrow. Mr. Mayor,. The City Council of the City of Meridian approves the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in these findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements, fire and life safety codes, uniform fire code, parking, paving, landscaping requirements and atl ordinances of the City of Meridian City Council • "September 16, 1997 Page 21 Meridian. The conditional use shall be subject to review upon notice to the applicant by the City. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the decision and recommendation as read, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT 119,395 SQUARE FOOT MINI-STORAGE UNIT COMPLEX (PHASES 2 - 4 OF THE EXISTING STORAGE FACILITY) BY AVEST LIMITED PARTNERSHIP -LOT 9, BLOCK 1 AVEST PLAZA SUBDIVISION: Corrie: Is there a representative from Avest here this evening? Weber: Scott Weber, I represent Avest Limited Partnership. I am here tonight to request the conditional use permit to construct 119,000 square feet of mini-storage at phases 2 through 4. We went through Planning and Zoning last Tuesday night. There was one. concern 1 would like to address tonight about an exit road leading out onto Avest's loop road. I have made some changes I have submitted some to Shari for her records., The concern was the emergency exit road was too close. to Locust Grove so we moved that back roughly 175 feet back to the east. But it is still strictly an emergency exit gate. So that is about the only concern that P & Z was concerned with that. So I would entertain any questions you may have on this project. It is indicated there by No. 1 that is originally where it was when we submitted it. We moved it back to number 2. Corrie: Council, any questions? Thank you, Council any questions of staff? Comments from staff? Morrow. Mr. Mayor, if there is no discussion on the part of the Council I wou[d move that we accept the findings of fact and conclusions of law as prepared for us by Planning and Zoning with the additional finding that the emergency access road has been moved from site one to site two approximately 175 feet east of the original location. Tolsma: Second Corrie: Motion made to approve the preliminary findings of fact and conclusions of law by the Planning and Zoning Commission with the addition to the testimony of moving the emergency exit to the east. Any further discussion? Hearing none, roll call vote ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea • MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 16 1997 APPLICANT: CENTENNIAL MOTORS ITEM NUMBER: 17 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR USED CAR AND TRUCK SALES AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS MINUTES OF 8-12-9T P ~ Z MEETING SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS 1~~~ Gl ~ US WEST: ,' ~' V I ~~ ~~1~'~ ~~ 1. ) ~,~ ~~ INTERMOUNTAIN GAS: ~ /~I G BUREAU OF RECLAMATION: ~, ~~Y OTHER: Ali Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zor'~ Commission August 12, 1997 Page 15 Borup: Well the only question I had on staff comments was number five Johnson: Why don't you ask the applicant to come up. Borup: That is what I was wondering, if there a way to maybe give her time to read that first or have you had a chance? Was there any question you had on staff comments that you are unsure of what they want? Lofton: Health and Welfare send you out a piece of paper saying everything you have to do to qualify for a child care license. A lot of them are the same requirements so 1 am familiar with most of them. Borup: That is all I had then Mr. Chairman. Johnson: At this time I will close the public hearing, this would require findings of fact being prepared. Borup: Mr. Chairman I move we have the City Attomey prepare findings of fact and conclusions of law on-this application. MacCoy: Second Johnson: It is moved and seconded we have the City Attorney prepare findings of fact and conclusions of law on item #7, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Do you understand what happened? You will be on the agenda again next time but it will not be a public hearing nor will you get an opportunity to testify. We will just go through the findings of fact like we did on the first four items or so this evening. And then it will go onto the City Council from there at which time there will be another public haring. ITEM #8: .PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR USED CAR AND TRUCK SALES BY CENTENNIAL MOTORS -225 W. FRANKLIN ROAD: Johnson: At this time I will open the public hearing and ask that the applicant or the applicant's representative address the Commission. Sam Fishel, 734 Pennwood Street, Meridian, was sworn by the City Attomey. Johnson: Do you want to tell us briefly what you would like to do there Sam? Meridian Planning & Zor~ Commission August 12, 1997 Page 16 Fishel: Yes sir, as most of you know, I rented that corner with a previous conditional use permit 8 years ago or 7 years ago. 1 bought the property the whole 3.6 acres five years ago and I have been renting it out so I could sit there (inaudible) he has been making my mortgage payment so I could build a good financial base to expand my business into the complete property the whole property. At this time when I, I didn't realize a conditional use permit was required until the City Ordinance officer came out and told me so. And I said why of course you bet because we are going to develop that property and it is going to be a beautiful piece of property. So I called the architect and made all the, hopefully I have complied with everything that the City wanted. Ada County Highway district I have met with them on two different occasions. There is going to be a lot of changes and a lot of things going on with the splitting of Franklin Road down there. Right now I would like to have a conditional use permit so I can operate legally with the City and whatever requirements of course we are developing the property and I want a beautiful piece of property when we are done and a real nice facility that looks as good as Meridian Ford or Meridian Auto or Rountree Chevrolet or any of the other places. So I am here to comply with whatever, I have read over all the conditions of the City and County and 1 am familiar with all the wants, needs and uses and I agree with everything that has been recommended. And I am ready to go to work. Johnson: Thank you Sam, questions from the Commissioners? MacCoy: Yes I do, I have a number of them here for you Sam and I am sure you can answer them because you already made a statement as to the fact. that you would like to have an installation that is good looking and we would like to see that too. How many cars do you plan to have on that show section on your map? Fishel: It would hold 200 cars very comfortably'I have 161 on it at the present time and still have plenty of room for parking and presentation. You can pull an 18 wheeler in and out and parallel park it if you like with plenty of room for anything that I want. I plan to back the inventory down when they split the street down there and put sidewalks and curbs and gutters. My plan is this when they come in and do the paving and put the sidewalk, curb and gutter. I am prepared to pave the entire front section in front of the building there and do the water retainments. I have, well you will see in the application that we have the, I am not real familiar with the water retainment on site but I have had an architect draw that out and it should be submitted with the plans. MacCoy: It is, I have seen it. Fishel: All I have received so far from him is a bill and I called yesterday and said I would like what they did. Gary just brought it in directly to the City instead of bringing it to me. So whatever (End of Tape) do it all at one time, which you know as far as the lighting goes and all of that kind of stuff, Idaho Power will be putting the power poles in like existing today. I just called them and they get the permits and they know what is legal and what is not legal and all of that kind of stuff. I don't know as everything so much in the air and subject to change that I don't know exactly how we are going to do Meridian Planning & Zor~ Commission August 12, 1997 Page 17 it, but I ready to do whatever is necessary. They have cut the, Ada County said they are going to take out both driveways and just put one existing driveway.-That is fine with me as long as it is large enough, as long as it is big enough and they required that a paving strip be paved in front of the place thirty feet back ftom the driveways because of rocks and gravel and all that kind of stuff. Well I am proposing that whole front area will be all paved with curbs and bumpers up the side. Like I said I don't know exactly how I am going to do it yet but whatever complies with, 1 have so many people to please at that point in time when it happens and I just want a beautiful facility when I am done. MacCoy: Are you going to do any vehicle repair at this place? Fishel: Nothing open to the public, Idon't-have a, I have the facility back there it is all set up really nice, it was built in 1978 and it was the old Farm All tractor place so it is overbuilt for that to go on. I will not do any outside repair. Now as far as having a mechanic in there periodically to do my own personal work for example I don't know fix the power windows on a car, pull a door panel or do a break job nothing major, just to keep, I pretty much sell my cars the way they are. But that is the reason that I advertise the way I do. I am finding out on occasion I would like to be able to have a mechanic if that is necessary. So probably the answer to that question would be yes, but it is not existing at the present time. MacCoy: Let's move on with the same type of thought process, you plan to do any detailing or painting? Fishel: No painting or no body shop or anything like that. But absolutely I would have to be able to wash and clean my cars and take care of them which once again the facility is overbuilt for that. As a matter of fact it has so many drains that I closed two of them off an I have only used actually one in the back. But my plan is to put a complete four bay garage this fall in the back of my building for nothing but detailing and mechanical work if necessary that is my future plans and hopefully I can get it done by this Fall but it depends on what happens out front. You are talking about a tremendous amount of money and I have already spent $51,000 on the building and upgrades and improvement. Now the first thing that I did was to the driveways and entrances was all rock and gravel and it was terrible and so we, I spent $5000 just on the entryway and seal coating the existing pavement that was there and we moved the, made the driveways. and widened the entrances so it would be safe and look good. I also have a lot (inaudible) goes down there every day and sweeps the rocks and gravel that would (inaudible) because I don't like that either. In other words I want my place looking good. It would look a lot better than it does now but the City stopped me. I have a sign back there in the back that I can't put up, I can't do anything because of the conditional use permit. So I have all of those plans. MacCoy: When you did your discussion with the Highway Department I am sure they mentioned to you about Franklin being expanded and so on. Meridian Planning & Zo~ Commission August 12, 1997 Page 18 Fishel: Oh yes, that is one of the reasons why I purchased the property, one of the reasons we moved here is because I am looking forward to the growth. MacCoy: That should help your operation, Fishel: Absolutely, I can't wait to tell you the truth. MacCoy: Your signage, you say you have a sign in the back there, you are aware that any sign you put up has to be approved by the City here before you can mount that thing. Fishel: That is the reason it is not up MacCoy: Because not only is that just size it is what you are going to show on it, how high is it going to be and we don't want you to put up something like McDonald's down here. Fishel: What I expect is much greater than what you .guys require, because I want a much nicer facility than what just the basic requirements are. MacCoy: I have several questions here. You mentioned in the back of your on your land there you are going to have storage. And we are real concerned about what you can see from the street side to what the storage is going to look like. Fishel: It is will be more cars. MacCoy: It is not going to be cars and pieces and a junkyard? Fishel: No, 1 don't have time for that. I will leave that up to those guys. As a matter of fact Ada County split that property up there I found out just Tuesday I went down there with a meeting with them. Third Street is coming down on the side there on the back piece of the property and they have asked me for a, to give them 20 feet of Right of way for a driveway on Third Street that comes down through there. So we are talking about a lot of activity in that area in the next few years. What it all plays out to be I don't know but I don't plan to use that property unless I want to park a car back there or whatever. I have to hold my repos for ten days before I can re-sell them. It is all fenced in it is all, there is no, the only thing to the left to the side there is the back yard to the trailers and there is nothing to the back of it and there is nothing to the right of it except open field. There is an old horse over there that they got fenced in over there. There is not anything that would be a detriment or an eye sore or anything that would, I don't believe that anyone, you are more than welcome to come back there. I have spent, I inherited the property and it was in such terrible shape but t probably spent another $3000 just on clean up. And I continue to do so at all times, I had a dumpster back there that we just keep filling it up every 3 or 4 days. I will eventually pave all of that but right now it is in weeds which I am in the process of cleaning up and that type of thing. Meridian Planning & Zor~j Commission August 12, 1997 Page 19 MacCoy: That was my next question, so you are one step ahead of me there. On your sales building what is this going to look like when you finish it? Fishel: You ought to come down and see it, I wish I could show you.pictures of it when I started. $50,000 does a lot of work it is all showroom, I am the only, well besides the Bronco Motors I am the only used car dealership that has a showroom that you can put four cars in. tt is gorgeous it is beautiful. The back end is a show place, what can 1 tell you, 1 just. spent $4000 today on a floor. That regular painting is not good enough for me, completely totally patch it looks as good as anything you have right here. That is in my garage area, but that is where I park my street rods there is where, it is a first class operation all the way. MacCoy: I was going, my concern is the exterior of the building, what we see. Fishel: The exterior I can't do anything to as you well know. The City won't let me do anything, my plans are probably to re-skin it later on down the road but it is all steel constructed and that ain't no big deal. My future plans even future on out in the road is a balcony and upstairs and all that kind of stuff. But you have to make the money before you can spend it. MacCoy: What about lighting on your property? Fishel: Well Idaho Power has got six power poles on there now and. my theft is nil, it is completely cut out due to that reason. Whatever the City requires, whatever the state requires, .whatever the county requires and whatever Idaho Power has got in their mix is what we will do. t pay them $400 a month and they do it and I don't have anything. It is the best now as far as Meridian goes. 1 hope that it will be a lot nicer when vve pave it, we will upgrade as we go. MacCoy: What 1 am concerned about is you end up with a light system which produces a glare to it that drivers on Fishel: Bumper flash, well Idaho Power will take care of all of that. MacCoy: What 1 see with the power company they come in and they light it, what I am concerned. about is actually coming in and having Fishel: (Inaudible) whatever the requirements are it will be beautiful. And 1 am sure they have soft light bulbs and they have this and they have that but Meridian Ford over here is lit up pretty nice and I will probably light it up just like that. That is my wants and desires is to the be beautiful and gorgeous and not no glare. How can a person look and view my cars if I am trying to blind them, I am not going to do that. MacCoy: Well I was only using an example up here of when the Chevron station up here on Meridian First came in and redid their lights here six to nine months ago they Meridian Planning & Zor~ Commission August 12, 1997 Page 20 had a real nice system and then they took out what they had and they put in a light which if you drive up in that area you hopefully, they have a glare system. Fishel Well once again, the stars are the automobiles and if you put too much glare on them and people can't see and it hurts their eyes I don't think that would be a very smart move on my part. So I am going, whatever, once again I am here to comply or do anything. This is an exciting time in our fives it is my first time and it is my tum. I am here to develop that property and make a nice contribution to the City as I have for the past 8 years. Borup: You said you have been in discussion with ACRD on that and it sounds like you are trying to coordinate your entrance with the widening of the road or they were talking about cutting it down to one entrance. Your site plan still shows both I believe. Fishel: I know but all of this has changed, as a matter of fact they just came up with something a couple of days ago .that, and I went down there last Friday morning because they were wanting to get it discussed. That was the back piece of the property because they didn't, they asked me the same thing, they were going to use it for storage. Well storage of weeds if nothing else, no I am going to kill the weeds this Fall and there won't be none growing. Just the storage of automobiles will the be the only thing that will be back there and they will be all my cars nothing from the outside. Whey they decided to put Third Street down there that is going to change a lot. My proposal at that time of course is to close all entrance to Franklin Road and turn .left at the stop light and pull in the driveway there which takes all the traffic off of Franklin Road. Right at the present time they have asked me to get together with Bob Giesler and our driveways need to be adjacent to each other. We don't know, and they don't care which side left or right it is as long the entrances are together that coincide with each other. Sidewalk, curb and gutter they have asked me to put a $1780 or whatever deal which that is no problem, I am prepared to do that. I am prepared to do whatever, I am excited, as a matter of fact they are doing it a lot sooner than I figured and that is even greater that is good. Borup: You have a fairly detailed landscaping plan did you have a time frame on that, were you going to try and coincide that with Franklin? Fishel: Yes, well once again, if I go in there and start spending a bunch of money on landscaping and Ada County comes in and tears it all out you guys are not going to, that is not too cool. Borup: (Inaudible) along Franklin Road I was thinking maybe along the east side of your property. Fishel: On the east side of the property is the back yard to that trailer park and you are talking about that is one of the problems that I do have in the existing condition. I will probably apply for a variance to do something about that because you are talking, that Meridian Planning & Zor~ Commission August 12, 1997 Page 21 property is so deep my thought is putting a fence up all the way across between my property and the, once again don't take me wrong, I am not opposed to landscaping. But an acre and a '/+ of land is a little strong. To comply with the conditional use requirements they say that the City says that I believe Shari is the one that told my architect that any time commercial property meets residential property there is a 20 foot setback. Well you take 20 feet from that east side of that property and go al4 the way back to the deep and then crawl up the back and then up the other side you are talking about taking an acre of land just for nothing but landscaping. I don't know, I think some decisions need to be made, I think some discussions need to be done. I am all for landscaping and beautifying the property but once again I don't think it is a necessity at this particular time and effort. What would it accomplish is what I am saying. I can't see anything that it will accomplish because everything is so subject to change at the present time. What I need is a conditional use permit so we can have time to plan and set down and go through these things and maybe apply for a variance and with ideas and other things that would work in that particular case. Borup: It sounds like part of the reason for the conditional use permit is the size of your business has grown from the original conditional use and you are just looking at complying conditional use to satisfy the size of your business now. Fishel: That is to sell that many cars, to have that many cars displayed and comply with the law of the land you might say. And then as things progress and develop I would like to develop it with the City and with the County all at that same time. . Borup: You mentioned and this just became obvious you have not seen a copy of the plan that you have Fishel: Oh yes I have seen a copy of all of the landscaping and everything, but Gary, see I just panicked. I called Dean down at my place I said you are keeping me up all night long, I said my stomach is killing me I can't stand it. I said my god what. are you doing here you take an acre'/Z of land for landscaping that doesn't make a lot of sense. He said well Sam don't worry about it, a lot of things happen. We have to do this we have to draw up in that way to comply and show the City what we are willing to comply with the landscaping and everything. He says you go in and use a variance and then we can sit down and discuss possibly a better plan and a plan that even looks better. I said okay, whatever we have to do let's do it. Borup: I think we are concerned about landscaping along Franklin because when that gets widened there is potential to be a nice entrance into the City. The other areas it is an ordinance on the buffering between residential areas, some of this stuff to your south I am not .sure of the purpose of the landscaping there if it is just against other pasture ground. Fishel: Well they are developing that area in there, there is going to be a street back there. Third street is going to come up on the other side, I guess it would be the Meridian Planning & Zo~ Commission August 12, 1997 Page 22 southwest corner and then go down through the Farmers Club. I have been try to buy the Farmers Club property for the past three years and the guy won't sell it to me. But if I ever do ge# that property bought and they put a street down through there I want to move my place all the way out to the corner and then there will be a stop light there and we turn left to close that driveway off and enter off of Third Street. Ada County thought that was a pretty good idea, but I don't know. Everything we are talking about is the future and the near future if they go to work on Franklin Road in October when they put sidewalk curb and gutter the landscaping along Franklin Road will be done at that particular time and making it look good. Once again like Malcolm said we have to do the sign has to be a certain width and height and whatever and are we going to do a lighted sign. Well I don't know, I would like to have something that looks really nice. But it depends on what they do and how good a job they do coming down. We have to hook up to sewer so that means that back hoes have to come in right straight through the top of the thing to hook up to the city sewer. We just have a lot of plans to do. Borup: You will want to have your stub outs down when the extension goes down Franklin. One of the concerns I have and I am not sure the best way to rectify this is staff has made a lot of recommendations they are saying, they are recommending it be a condition of a conditional use, your intention is to do all of that but to do it in conjunction with the widening of Franklin Road. Fishel: The front of it yes sir and the whole front of the building. Borup: (Inaudible) if that can be done and delaying complying with some of these conditions. Fishel: Also, you are telling me you are going to talk about landscaping them next to the trailer park over there. How far is it going to come, when Franklin Road get there they don't know whether they are going to buy ten feet of their property or 12 feet of my property. They don't know exactly, they are in the planning stage also. So, what along the front there all of that will be landscaped along the side at the time that we pave it. Then the (inaudible) put in there too, there is a lot of work there to be done, a lot of planning to be done. All 1 need right now is just to comply with the City to let everybody know that we are in the beginning stages of development of that property. Borup: I don't have anything else at this time. Johnson: The only comment I would make at this time is this body is bound by the ordinances and any circumvention of that ordinance and that one I refer to specifically the one with the 20 foot wide planting strip adjacent to the park would have to be done by the City Council. The are the only ones that can grant the variances, I can't. So at this time I will ask if there is anyone else in the audience that would like to come forward and address this application. Meridian Planning & Zor~ Commission August 12, 1997 Page 23 Fishel: May I say this please, I don't know a bit more about than you guys do. All I know is (inaudible) we haven't developed that piece of property yet. I say we because undoubtedly I can't do it without you. To comply with everything that we need to do there are going to be some variances, .somebody is going to have to give sooner or later on something because Ada County and just think my business is going to be down for a year. Johnson: My point is philosophizing about that at this. body is kind of a waste of time. Okay, anybody else that would like to come forward? Any comments from staff? If not I will close the public hearing at this time. This is a conditional use permit request, it would require findings of fact and conclusions of law: MacCoy: Mr. Chairman, 1 would like to move this forward for findings of fact and conclusions of law the item #8. Borup: Second Johnson: It is moved and seconded that we have the City Attorney prepare findings of fact and conclusions of taw on item #8 the request by Centennial motors, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 35.69 ACRES TO R-4 FOR TURNBERRY SUBDIVISION BY BENCHMARK LAND CO. - BLACKCAT ROAD BETWEEN USTICK AND CHERRY LANE: Johnson: I will open the public hearing and ask that the applicant or the applicant's representative address the Commission at this. time. John Knight, 16325 Boons Ferry, Lake Oswego, OR, was sworn by the City Attorney. Knight: Thank you for your patience, I appreciate the opportunity to speak before you tonight. The request we have before you tonight is for annexation from County to the City of Meridian and zoning from County zoning to city zoning of R-4. We are also requesting a preliminary and we sent out some new copies which you should have received in your packet, requesting 118 lots. The minimum lot size is 8,000 square foot and all of the lots meet that lot size. Quite a few of the lots are over that, there are several 8,000 lots but there are also quite a few 9,000 and a few 10,000 square foot lots. We tried to develop a sense of community and we have had an opportunity to meet with staff and listen to some of the comments that Shari Stiles had. I met with Shari Stiles personally and also your engineer Bruce Freckleton address some of the concerns that they have. One of the concerns -that was raised by Shari was the fact that very few of the subdivisions in town have provided street trees and we have a landscaping plan which our consultant has brought tonight also. We have required and OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM ROBERT D. CORRIE Mayor TO: Planning & Zoning Commission, Mayor and Council FROM: Bruce Freckleton, Assistant to City Engineer Shari Stiles, Planning & Zoning Administrator DATE: August 1, 1997 COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH SUBJECT: Request for a Conditional Use Permit for Expansion of a Used Vehicle Sales Lot by Centennial Motors The applicant was formerly given a conditional use permit in April 1990 fora 120'x60' lot at 225 '/z W. Franklin Road. There were to be only 20 cars for sale on the lot at one time, no detailing or washing of cars on the site, no vehicle repair, and no storage of dilapidated vehicles on the premises. Applicant has expanded operations to a roughly 310'x650' area and seeks this conditional use permit at staff s request to comply with City ordinances. We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process. All driveway and parking areas shall be paved, with ail driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. 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. All site drainage shall be contained and disposed of on-site. 2. Dedication by .property owner of required right-of--way on Franklin Road shall take place prior to obtaining a Certificate of Zoning Compliance/Certificate of Occupancy. Submit a copy of the recorded warranty deed as evidence this has been accomplished. Underground sprinkling and a minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt is required by City Ordinance. Curbing should be provided around all landscaped areas. 4. No equipmentlparts/disabled vehicles are to be stored in public view. HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 5. One-third of the sales lot is to be designated for customer parking per City Ordinance Section 11-2-414.E(5). Off-street parking shall meet the requirements of 11-2-414.D, including appropriate striping and designation of ADA-accessible spaces and signage. P8tZ Commission, Mayor & Council August 1, 1997 Page 2 6. AlI signage is subject to design review approval; Applicant is to obtain sign permits for all signage prior to construction. A-frame and other signs of a temporary nature will not be permitted and may be removed by the City upon three days' notice to the Applicant. 7. Applicant to provide evidence of Road Trust/Letter of Credit to ACRD for sidewalk construction on Franklin Road. 8. Ada County Highway District is restricting this property to one access to Franklin Road. The driveway approach needs to be designed to meet their standards (i.e., 15-foot radu pavement tapers and location). This will be accomplished in 1998 when Franklin Road is programmed for rebuild. 9. Lighting shall not impact residential properties or cause glare, as determined by the City. 10. A screened trash enclosure is to be provided per City Ordinance. 11. Sanitary sewer is not presently available to this site; however, plans are being drafted for the extension of sewer in Franklin Road adjacent to this site. The applicant will be responsible for connection to City sewer and payment of appropriate fees upon completion of the installation of the main. The site is presently served by water. The building owner shall be responsible for City billings and will be required to erner into an Assessmern Agreement with the City of Meridian prior to obtaining a Certificate of Zoning Compliance/Certificate of Occupancy. 12. The 20-foot-wide planting strip shown adjacent to the mobile home park is required per City Ordinance Section 11-9-605.G. The chain link fence should be slatted to obscure the view from adjacent residential properties. 13. Retention ponds/seepage pits shall be designed to not cause a nuisance. These drainage areas must be approved by the Public Works Department per City Ordinance. 14. Signage for handicap parking is to be provided. 15. As Franklin Road is an entrance comdor to the City, a minimum 35' landscape setback is encouraged. The landscape setback shall be beyond the required right-of--way on Franklin Road. 16. Sight triangles aze not to be obscured. 17. A great deal of the site is shown as storage area. What will be stored here? There should be some clarification of what will be allowed in this back area, with proper screening of the perimeter addressed. No junk or inoperable vehicles aze to be stored on the site. P&Z Commission, Mayor & Council August 1, 1997 Page 3 18. The conditional use permit shall be subject to review on an annual basis, or more often if compliance problems occur, after notice to the Applicant. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CENTENNIAL MOTORS/SAM FISHEL, OWNER CONDITIONAL USE PERMIT FOR USED AUTOMOBILE SALES LOT 225 WEST FRANRLIN ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on August 12, 1997, at the hour of 7:p0 o'clock p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, Sam Fishel, owner of Centennial Motors, hereinafter referred to as the "Applicant," appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 12, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 12, 1997 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property is located within the City of Meridian at 225 W. Franklin Road. The property is described in the application FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. CENTENNIAL MOTORS -CONDITIONAL USE PERMIT • which description is incorporated herein. The Applicant is the owner of record of the property. 3. Pursuant to the application, the property is presently used and the Applicant proposes to continue the use of the property as a sales lot for used automobiles.. Accordingly, the proposed conditional use of the property is for a sales lot for used automobiles. The. Applicant agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use of the property, whether that use be residential, commercial or industrial. 4. The property is currently zoned (C-G) General Retail and Service Commercial. In the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Commercial, "Sales Lots (Auto, Rec, & Agric., Etc.)" are listed as conditional uses on property in the C-G district. Therefore, in the C-G district a conditional use .permit for the operation of an automobile sales lot is required. 5. The (C-G) General Retail and Service Commercial district is described in the Zoning Ordinance, 11-2-408 B. 11 as follows: (C-G1 General Retail and Service Commercial: The purpose df the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highways or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. CENTENNIAL MOTORS -CONDITIONAL USE PERMIT 6. Conditional Use Permit is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 7. The Applicant testified substantially as follows. He previously rented. the corner of the property and secured a conditional use permit approximately seven to eight years ago for his automobile sales business. He purchased the entire 3.6 acres of property approximately five years ago. Since purchasing the property, he leased the property to establish a sound financial base to expand his automobile sales business and use the entire property for said business. He did not know a conditional use permit was required until he was advised by the City of Meridian. As a result of the need for the conditional use permit for his use of the property, he has pursued securing such permit. He has met with Ada County Highway District on two different occasions. He desires the conditional use permit so he may operate his business legally and develop it into an aesthetically pleasing piece of property. He has read, is familiar with and agrees to all the conditions of the City of Meridian and Ada County Highway District. 8. In response to questions of Commissioner MacCoy, the Applicant testified substantially as follows. The property has the capacity for 200 automobiles. He presently has 161 automobiles in inventory on the property. There remains plenty of space available for parking and presentation of the vehicles for sale. He intends to reduce the inventory when improvements are made to Franklin FINDINGS OF .FACT AND CONCLUSIONS OF LAW - Page 3. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT • • Road. He is prepared to pave the entire section of the property in front of the existing building on the property. With regard to the improvements to Franklin Road, these matters are somewhat uncertain with Ada County Highway District. However, he is ready to do whatever is necessary. With regard to the paving requirements of Ada County Highway District and his plans to pave the front section of the property, he proposes to pave the entire front area installing curbs and sidewalks. He is uncertain how he will accomplish such improvements, given the cost, but he is willing to do whatever to comply with the requirements. He desires a beautiful facility. He does not intend to perform any vehicle repairs for the public, but does intend to perform minor vehicle repairs on the vehicles in his inventory. The building on the property has a shop within it for such repairs. None of the repairs will be done outside. of the building. In the future, he may hire a mechanic to perform such vehicle repairs. The vehicle repairs will not consist of vehicle body work, no painting or similar acts. He will perform detailing of his inventory such as washing and cleaning of the vehicles. In this regard, he intends to construct this fall a four bay garage at the rear of the property for detailing and -minor mechanical repairs 'of the vehicles; however, his construction plans depend upon the improvements and expenses incurred for the front of the property. He has already expended a substantial amount of money on improvements and maintenance to the property. He understands that he cannot erect a sign without the review and approval of the City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT of Meridian. However, the sign which he plans to erect will exceed the requirements of the City of Meridian. With regard to storage on the property, it will not be a junk yard. The storage will be for vehicles to be in inventory and repossessed vehicles. There exists and will continue to exist a fence around the area. He has spent a considerable amount of money just cleaning up the property so it is not an eye sore. The sales building is all showroom for four vehicles. The building is of steel construction. He intends to improve the appearance of the showroom building in the future. With regard to lighting of the property, he will comply with the established requirements so as not to cause glare. 9. In response to questions of Commissioner Borup, the Applicant testified substantially as follows. With regard to the site plan presented, the requirements of Ada County Highway District are controlling such improvements and development of the property.. The extension and construction of 3rd Street will effect the improvement and development of the property. His plan is to locate the entrance to the property at the future stop light at the intersection of the extension of 3rd Street and Franklin Road; however, the Ada County Highway District desires his entrance be aligned with the Bob Giesler property. With regard~to the landscaping of the property, he does not want to proceed with landscaping and have Ada County Highway District remove such landscaping when it improves Franklin Road. With regard to landscaping the east side of the property, he will probably apply for a variance on .the set back and erecting a fence along the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT adjacent trailer park property. There needs to be some discussions with regard to the landsca-ping of the east side of the property so he does not lose the use of a large portion of the property. He desires to secure the conditional use permit, and then plan for the improvement and development of the property. He desires to comply with the established requirements as his business expands, grows and creates the financial resources for the improvements of the property. He is in the beginning stages of improving and developing the property. 9. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted comments, which comments are incorporated herein as if set forth in full. Their comments included the following: a. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off- street parking areas. All site drainage shall be contained and disposed of on-site; b. Dedication by property owner of required right-of- way on Franklin Road shall take place prior to obtaining a Certificate of Zoning Compliance/Certificate of Occupancy. The Applicant is to submit a copy of the recorded warranty, deed as evidence this has been accomplished; c. Underground sprinkling and a minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt is required by City Ordinance. Curbing should be provided around all landscaped areas; d. No equipment/parts/disabled vehicles are to be stored in public view; FINDINGS OF FACT. AND CONCLUSIONS OF LAW - Page 6. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT • e. One-third of the sales lot is to be designated for customer parking per City Ordinance Section 11-2- 414.E(5). Off-street parking shall meet the requirements of 11-2-414.D, including appropriate striping and designation of ADA [Americans with Disabilities Act] - accessible spaces and signage; f. All signage is subject to design review approval. The Applicant is to obtain sign permits for all signage prior to construction. A-frame and other signs of a temporary nature will not be permitted and may be removed by the City upon three days notice to the Applicant; g. The Applicant is to provide evidence of Road Trust/ Letter of Credit to the Ada County Highway District for sidewalk construction on Franklin Road; h. The Ada County Aighway District is restricting this property to one access to Franklin Road. The driveway approach needs to be designed to meet their standards (i.e., 15-foot radii pavement tapers and location). This will be accomplished in 1998. when Franklin Road is programmed for rebuild; i. Lighting shall not impact residential properties or cause glare, as determined by the City; j. A screened trash enclosure is to be provided per City Ordinance; k. Sanitary sewer is not presently available to this site; however, plans are being drafted for the extension of sewer in Franklin Road adjacent to this site. The Applicant will be responsible for connection to City sewer and payment of appropriate fees upon completion of the installation of the. main. The site is presently served by water. The building owner shall be responsible for City billings and will be required to enter into an Assessment Agreement with the City of Meridian prior to obtaining a Certificate of Zoning Compliance/Certificate of Occupancy; 1. The 20-foot-wide planting strip shown adjacent to the mobile home park is required per City Ordinance Section 11-9-605.G. The chain link fence should be slatted to obscure the view from adjacent residential properties; m. Retention ponds/seepage pits shall be designed not to cause a nuisance. These drainage areas must be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT • approved by the Public Works Department per City Ordinance; n. Signage for handicap parking is to be provided; o. As Franklin Road is an entrance corridor to the City, a minimum 35' landscape setback is encouraged. The landscape setback shall be beyond the required right-of- way on Franklin Road; p. Sight triangles are not to be obscured; q. A great deal of the site is shown as storage area. What will be stored here? There should be some clarification of what will be allowed in this back area, with proper screening of the perimeter addressed. No junk or inoperable vehicles are to be stored on the site; and r. The conditional use permit shall be subject to review on an annual basis, or more often if compliance problems occur, after notice to the Applicant. 10. The Meridian Police Department and the Meridian Fire Department submitted comments on the subject application, which respective comments are hereby incorporated herein as if set forth in full. 11. The Meridian Sewer Department submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full; wash stands will require covering if the drain is to go to the sanitary sewer system, and if a new service area is to be established, it must conform to the current pretreatment requirements. 12. The Nampa & Meridian Irrigation District submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT s r a. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting; b. All laterals and waste ways must be protected; c. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans; d. The developer must comply with Idaho Code Section 31-3805; and e. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 13. The Central District Health Department submitted comments on the subject application, which comments. are hereby incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve the proposal for central sewage and central water; that runoff is not to create a mosquito breeding problem; and that run- off should discharge to a water quality sensitive BMP for stormwater management. 14. The Ada County Highway District submitted comments, and such comments are hereby incorporated herein as if set forth in full. Its comments included, but are not limited to, the following: a. The Applicant is to provide a $1,785.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 210 feet) prior to the issuance of any required permits or District approval of a final plat, whichever occurs first; b. The Applicant is to construct a 24 to 30 foot wide driveway with 15 foot radii pavement tapers on Franklin FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT Road, located as proposed 150 feet east of the west property line; c. The Applicant is to close the western driveway, located 64' feet east of the west property line, using landscaping berms or other methods approved by the District. The Applicant is to coordinate the method used to close the driveway with District staff; d. As required by District policy, restrictions on the width, number and locations of driveways shall be placed on future development of this parcel; and e. Other than the access point specifically approved with this application,. direct lot or parcel access to Fran;clin Road is prohibited. 15. 'Phere were no other comments by the public regarding this application. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing. of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. 3. Thy: City of Meridian has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances,- and of actual conditions existing within the City and the State. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to FINDIIdGS OF FACT AND CONCLUSIONS OF LAW - Page 10. CENTENNIAL MO'PORS - CONDITIONAL USE PERMIT Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 D authorizes the City to prescribe a set time period for which a conditional use may be. in existence. 5. Section 11-2-418 D states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The Planning and Zoning Commission judges this application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 ,Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take ;udicial notice. 7. Section 11-2-418 C of the Zoning And Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission .and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The proposed use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The proposed use would be harmonious with and .in accordance with the Comprehensive Plan, but the Zoning Ordinance requires a conditional use permit to allow the use; c. The proposed use is designed and the development of the property is, apparently, to be constructed so as to be harmonious in appearance with the character of the general vicinity. If the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions. are met; however, traffic may increase, but the development. will have a vehicular approach to the property which shall be designed to decrease interference with traffic on surrounding public streets and off-street parking; e. The Applicant shall be able to provide adequately for the essential public facilities and services such as streets, police and fire protection, drainage structures, refuse disposal, water and sewer, but Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The Applicant will cause the property to have a vehicular approach which shall be designed as not to create an interference with traffic on surrounding public streets, and sufficient parking for the proposed use will be required to meet the requirements. of the City ordinance; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT ~ • i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and. Zoning Commission that .the following conditions of granting the conditional use be required, to-wit: a. The conditional use, pursuant to the Zoning and Development ,Ordinance,. shall not be transferable to another owner of the subject property or to another property; b. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; c. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Police Department, Meridian Fire Department, Meridian Sewer Department, Central District Health Department, the Nampa & Meridian Irrigation District, and the Ada County Highway District which include, but are not limited to the following: 1. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access .shall be unacceptable; 2. A drainage plan, designed by a state of Idaho licensed architect or engineer, shall be required and shall be submitted to the City Engineer for all off-street parking areas; 3. The Applicant's dedication of the required right-of-way on Franklin Road shall occur prior to obtaining a Certificate of Zoning Compliance and/or Certificate of Occupancy. The Applicant shall submit a copy of the recorded warranty deed to the City of Meridian to evidence the accomplishment of this dedication; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT 4. Underground sprinkling and a minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt shall be required in accordance with the City of Meridian's ordinance. Curbing shall be provided around all landscaped areas; 5. No equipment, parts, or disabled vehicles shall be stored in public view; 6. One-third of the sales lot shall be designated for customer parking in accordance with City of Meridian Ordinance Section 11-2-414 E (5). Off- street parking shall meet the requirements of Section 11-2-414 D, including appropriate striping and designation of handicapped parking spaces and signage; 7. All signage shall be subject to design review and approval. The Applicant shall obtain sign permits for all signage prior to construction. A- frame and other signs of a, temporary nature shall not be permitted and may be removed by the City of Meridian upon three days notice to the Applicant; 8. The Applicant shall provide a $1,785.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Franklin Road abutting .the parcel prior to the issuance of any required permits or Ada County Highway District's approval. The Applicant shall provide evidence to the City of Meridian of such deposit; 9. The driveway approach to the property shall be designed to meet the standards of the Ada County Highway District; 10. The Applicant shall provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed so as not to cause glare or adversely impact neighboring residential properties, as determined by the City of Meridian; 11. The Applicant shall provide a screened trash enclosure in accordance with City of Meridian's ordinance; 12. Although sanitary sewer is not presently available to this site, the Applicant shall connect the property to sanitary sewer upon the extension FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT ~ ~ of the sewer in Franklin Road adjacent to the property. The Applicant shall be responsible for connection to the City of Meridian's sewer and payment of appropriate fees upon completion of the installation of the main. The Applicant shall be required to enter into an Assessment Agreement with the City of Meridian prior to obtaining a Certificate of Zoning Compliance and a Certificate of Occupancy; 13. The Applicant shall .provide a 20 foot wide planting strip as shown on the landscape plan adjacent to the mobile home park in accordance with Meridian City Ordinance Section 11-9-605.G, and The Applicant shall slat the chain link fence to obscure the view from adjacent residential properties; 14. Retention ponds and seepage pits shall be designed so as not to cause a nuisance. Such drainage areas shall be approved by the Public Works Department in accordance with City of Meridian's ordinance; 15. Signage for handicapped parking shall be provided; 16. As Franklin Road is an entrance corridor to the City of Meridian, a minimum o~ a thirty five feet (35') landscape setback shall be required, which landscape setback shall be beyond the required right-of-way on Franklin Road; 17. Sight triangles shall not be obscured; 18. No scrap metal, inoperable vehicles or other discarded material shall be stored on the property; 19. Wash stands shall be covered if the drain goes into the sanitary sewer system; 20. In the event a new service area is to be established, it shall conform to the existing pretreatment requirements of the City of Meridian; 21. The Applicant shall file with the Nampa & Meridian Irrigation District a Land Use Change/Site Development application for its review; 22. All laterals and waste ways on the property must be protected; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT 23. All municipal surface drainage shall be retained and disposed of on site; however, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review and approve of the drainage plans; 24. The Applicant shall comply with Idaho Code Section 31-3805; 25. After written approval from all appropriate entities are submitted, the Central District Health Department may approve the property for central sewage and central water; 26. Run-off shall not create a mosquito breeding problem; 27. Run-off shall discharge to a water quality sensitive BMP for stormwater management; 28. The Applicant shall construct a 24 to 30 foot wide driveway with 15 foot. radii pavement tapers on Franklin Road, located as proposed 150 feet east of .the west property line; 29. The Applicant shall close the western driveway, which is located 64 feet east of the west property line, using landscaping berms or other method approved by the Ada County Highway District. The Applicant shall coordinate the method used to close the driveway with Ada County Highway District staff; 30. As required by Ada County Highway District policy, restrictions on the width, number and locations of driveways shall exist on future development of this parcel; and 31. Other than the access point to the property specifically approved by the Ada County Highway District, direct lot or parcel access to Franklin Road shall be prohibited. d. All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT • 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 10. It is recommended that if the Applicant meets the conditions stated above, that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning- and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER MACCOY COMMISSIONER SM~TH S~ CHAIRMAN JOHN ON (TIE BREAKER) VOTED VOTED VOTED g~ VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT s ~ DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City .Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVEDi ~'` DISAPPROVED: Rya ~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY ~. S'MITH, P.E., City Engineer BI>MbCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE Mayor COUNCIL MEA4BERS WALT W. MORROW. President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 5, 1997 TRANSMITTAL DATE: 7/17/97 HEARING DATE: 8/12/97 REQUEST: Conditional Use Permit for Centennial Motors used car & truck sales BY: Centennial Motors LOCATION OF PROPERTY OR PROJECT: 1 Block West of Meridian Road on Franklin Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _ '4 POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECL TI N (PRELIM. & FINAL PLAT) CITY FILES /1 OTHER: ~~/ YOUR CONCISE REMARK ED J U L 2 1 1997 HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 CITY OF ~~~~ OFFICIALS M G. BERG, JR., City Clerk . SMITH, City Treasurer Y D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON. Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: _AuQust 5, 1997 TRANSMITTAL DATE: 7/17/97 HEARING DATE: 8/12/97 REQUEST: Conditional Use Permit for Centennial Motors used car & truck sales BY: Centennial Motors LOCATION OF PROPERTY OR PROJECT: 1 Block West of Meridian Road on Franklin Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ~~,(iEf ~/,~ r'1 ADA PLANNING ASSOCIATION l.J CENTRAL DISTRICT HEALTH J U L 2 1 1997 NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT ~ITYOF MERIDIAN IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES p q OTHER: ~ ~ a / YOUR CONCISE REMARKS: ~t-u ~ ~ ~ro ~.~.~ W ~ t i S ~~u"~z HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAl~T 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ~y~~o ]P • , `~ f • • ADA COUNTY HIGHWAY DISTRICT Planning and Development~ivision :~' Development Application Report MCU-23-97 225 Franklin Road . ~`~ ~ ' ~~ ,Used car lot The applicant is requesting conditional use approval to operate a used car and truck sales lot. The 3.66-acre site is located on the south side of Franklin Road approximately 450-feet east of Meridian Road. This development is estimated to generate 200 .total `additional vehicle trips per day based on the Institute of Transportation Engineer~,Trip Generation manual. Roads impacted by this development: Franklin Road ~~,re ACHD Commission Date -August 6, 1997 - 7:00 p.m. ^~ 1 ~U ,'~ 1T'~ • 2~ S'lOS-900 ~ OFN01 'N4'101~93H ~~~ """+ ~n 'U ~»" 9O" 'Ob NII~NVad 'M SZZ i~3iiN~av 'tmr 'Da3e73M;A] 0 ~w) ~ ~- - ~~~l~d~ '~~'IR9P~d~~.P~~~ rrrs~+re3i~s `s ~- ~ ~ ~ ~ . . ~I~ II ~I 3~ I a I -r ~) ~ o ~1 ., C~~,m r 11 ~~ I I I I I ~ ~~ I 1 ti i I / ~ r I I ~-oar 'iea .u oc-~ - _~ .~ ~: ,~ ~_ 0 s ~~ 6~6rut as '.a I . 9ZOS-009 - OHV01 'KVi012P3W rocs a«n x+oe v vsnrv~ w6; ~ ~c+~,/~ 11'OMekAAllkN{O~'Lldp~'~Mp~S7ZoZy~~7 1~31iH~av 'mv 'oa3a'~3H~i~ Q .~av~ r d~Ob01W '1911 \IY1151~StlC1~l~ -r~s Nrd arts ~ ~ a ~- a t ~ ~ ~, .. y 6..,«a f,ii ii ei : i` ie R~ ~ ~ ~ i j _ .- ;I~~~ ~i ~ i~• •. ~ 1 i E n ~ ~' a• I E t 8~ n f yr 1 iif 1 '• t ~ 1 I; ~~f _ ~ i~ ~ ' ; ~~ i~.' ll1~ ~e ~':;;• is o i ~,$ c ~ ~~~ ~~ ~rs { ~ ~ ~ o '; , ~' ~. s ~ iii `~' i ~ ~ ~ ' I ~I I ~`6 1 b i ZF ~• Q ~ J ~ 1 ~ ~ ~I ~ ~ \ s ~ aid; ~ 1 t I~ w~ i ~` ~ c ~.. ~ ~ ~~ iY_~_ 1 i •I l• ~;~ €. - ~'s l Q. ~: x~ i . i $$ - 0061 R.W tQ R F T ~ aI 1 81 ; `) °~ ~ 4 ~~ .: I ~ ~E ~ Y U Facts and Findings: A. General Information Applicant -Centennial Motors • ,~ C-G -Existing zoning &<' 3.66 -Acres .~ °' 5,941 -Square feet of existing building ;. ~ '~~ 280 -Traffic Analysis Zone (TAZ) .: ' . West Ada Metro -Impact Fee Benefit''Zone Western Cities -Impact Fee Assessment District '~ .~. Franklin Road Minor arterial with bile"lane designation Traffic count 9,066 on 4/23/96 (east of E. 1st Street) Traffic count 10,242 iri'1990 (west ~f Meridian Road) 210-feet of frontage 55-feet existing right-of--way (27.5-feet from centerline) 90-feet required right-of--way (45-feet from centerline) Franklin Road. is improved with 30-feet of pavement with no curb, gutter or sidewalk. The District is planning to improve and widen this segment of Franklin Road in FY 97-98. District representatives are currently acquiring right-of--way for the project. B. The site has two existing driveways. One driveway is located 64-feet east of the west property line and the other is located 150-feet east of the west property line. There are several existing driveways on the north and south side of Franklin Road that are .within 150- feet of the applicant's driveway (one driveway on the south side of Franklin Road is within 64-feet of the site's driveway). District policy requires that driveways on minor arterials (with a 35mph speed limit) be aligned or offset 150-feet. There is an existing driveway on the site's west property line. The site has insufficient frontage to locate a driveway in compliance with District policy. Staff recommends a variance for the eastern driveway, provided the applicant closes the western driveway located 64-feet east of the west property line. This will provide approximately 143-feet of separation between driveways on the south side of Franklin Road (but not the north side). The site will have adequate access via the eastern driveway. The eastern driveway on Franklin Road should be construct 24 to 30-feet wide with 15-foot radii pavement tapers, located as proposed 150-feet east of the west property line. This location and width meet District policy. MCU2397.COM Page 2 ~ ~ C. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with frle numbers) for details. D. District policy requires the applicant to provide a $1,785.OQ deposit to the Public Rights-of- Way Trust Fund for the cost of constructing a 5=foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 210-feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. E. Graveled driveways abutting public streets create maintenance problems due to gravel being.: tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveway its full required width of 24 to 30-feet wide to at least 30- feet beyond the edge of pavement of Franklin Ro~id and install pavement tapers with 15-foot radii abutting the existing roadway edge. F. As required by District policy, restrictions on the width, number and locations of driveways,.: may be placed on future development of this parcel. G. The existing transportation. system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Site Specific Requirements: 1.~ Pro i e a recorded oss access Basemen the parcel to the west to use this parcel for ~~. acc ss the publi str s prior to issu nce o building pe (or other re r er ' s). Th Dist 'ct irate ds to req ' e a s' ' ar agreeme f_th wners the pa is to the west if they are the s ject of a future development application 2. Provide a $1,785.00 deposit to the Public Rights-of--Way Trust Fund for the cost of constructing 5-foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 210-feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. 3. Construct a 24 to 30-foot wide driveway with 15-foot radii pavement tapers on Franklin Road, located as proposed 150-feet east of the west property line. 4. Close the western driveway, located 64-feet east of the west property line, using landscaping berms or other method approved by the District. Coordinate the method used to close the driveway with District staff. 5. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. MCU2397.COM Page 3 ,' ~. t 6. Other than the access point specifically approved with this application,> direct Iot or parcel access to Franklin Road is prohibited. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Development'Service~S Supervisor. The request shall ~pecificall, identi each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or ineq~~ The written ~eduest shall be submitted to the District no later than 9.00 a m on the day scheduled for ACRD Commission action. 'T'hose items shall be rescheduled for discussion with the Commission on the~next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After AGHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not availably to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. 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. 5. 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. 6. 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. MCU2397.COM Page 4 7. No change in the terms and conditions of this approval shali`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 bounty Highway District. 8. 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. Conclusion of Lave: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed'development. Should you"have any questions or comments, please contact the Development Services Division at 345-7662. Submitted b;~~: Date of Commission Action: Development Services Staff MCU2397.COM Page 5 EIvE~„ eos 2 4 1997 ^ ~~ (:ITYOF MERIDIAN ~ Garden city Rezone # Conditional Use # ~~~~ ~/~~~ ~- /~~ i J~-~ ~ Meridian ^ Kuna Preliminary /Final /Short Plat ^ ACZ ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specfic knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment ^ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ soliid hva from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ~' centnl sewage ^ community sewage system ^ community water well ^ interim sewage ~ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ® 10. +~ Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child are cancer ^ beverage establishment ^ grocery store ~ ~ / 7 .~ 15. ~c/nl -v ~ .S'~i o ~l d G~/.s c,~ a r~~ --- Ta ~- ~,J~7L Qy/n.-/ ~-/ Date: / / ;~`~SI T/ /~ 13,y,o iz illy t~/~iz /rj~NR~G-c-,yE~ Reviewed By: - CENTRAL CEI~7~itAL DISTRICT HEALTH DEPAI~!F1ENT •• DISTRICT Environmennl Heahh Division HEALTH QEc DEPARTMENT ~ ~ I. m~ ian .a, ~.. ins ~?EcE~vED JUL28 1997 CITY OF MERIDIAN ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 23 Ju1y1997 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Will Berg, City Clerk Boise 345-2431 CityofMerrdian 33 East Idaho rL'eridian, ID 83G42 RE.• CoQditrctnal Use Permit f~ Centennial Md~s Usk Car ~ Truck Sales Dear Comm.rssioners~ The Nampa c2 Meridian Irrigation District r~ wires that a Land Use Change/Site Development application be filed for review prior to final platting Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and wasteways m ust be protested. All m unicipal surface drainage m ust be retained or site, Ifanysurface drainage leaves the site, the Nampa ~ Meridian Irrigation District m ust review drainage plans The developer m ust comply with Idaho Code 31-3805. It rs recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District Sincerely, B~ Henson, Asst. I~Uater Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH,~dIn cc.' File -Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • • ~~~~~~~ 1503 FIRST STREET SOUTH NAMPA, IDAFIO 83651-4395 FAX # 208-888-6201 Sam Fishel Centennial Motors 225 W. Franklin Road Meridian, ID 83642 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Used Car & Truck/Retail & Wholesale Dear Mr. Fishel: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, ~~ /~1DL,~-.C~ ~~- G`~E~ Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent City of Meridian enc. C~Op~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 24 July 1997 • • OFFICIALS WILLIAM G. BERG, JR., City Clerk JANIC'E L. SMITH. City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE Mayor COUNCIL MEMBEAG WALT W. MORROW. President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON. Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 5, 1997 TRANSMITTAL DATE: 7/17/97 HEARING DATE: 8112/97 REQUEST: Conditional Use Permit for Centennial Motors used car & truck sales BY: Centennial Motors LOCATION OF PROPERTY OR PROJECT: 1 Block West of Meridian Road on Franklin Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE. C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIItE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER , MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: rY!~OUR CONCISE MARKS: IJ 1~1~(~S6. S~~n~ l~~~~~ t"Q~rJrr-2 [~v"ltilt>, v ,~.> V~D J U L 2 2 197 +~ HUB OF TREASURE UALLEY . A Good Place to Live CITY OF MERIDIAl'~ 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 t~'Y' t~F ~~R~~IA~tF • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this ~ day of ~ , 19~ ROLL CALL COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROV DISAPPROVED. VOTED VOTED VOTED VOTED VOTED ~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~~ ~'~ `lid ~~=~1 ~'~ ~ ~~.G~ ~r~~~ ~" Indian Plannin & Z~ ~, ~ g g Commission September 9, 1997 Page 4 Johnson: Any comments regarding these findings of fact and conclusions of law? Entertain a motion for approval if that is your pleasure. Borup: Mr. Chairman, I move the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. MacCoy: Second Johnson: Moved and seconded we approve the findings of fact and conclusions of law as presented by our City Attorney, roll call vote. ROLL CALL VOTE: Nelson -Yea, Smith -Yea, MacCoy -Yea, Borup -Yea MOTION CARRIED: All Yea Johnson: Recommendation to the City Council? Borup: Mr. Chairman, I move the Planning and Zoning Commission of the City of Meridian hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. More particularly set forth in paragraph S of the conclusions of law or similar conditions as found justified and appropriate by the City Council that the property be required to meet the water and sewer requirements, the fire and life safety code, uniform fire code and other ordinances of the City of Meridian. The conditional use should be subject to annual review or more often if the conditions warrant upon notice to the applicant by the City. Smith: Second Johnson: Motion and a second to forward that decision to the City Council, atl those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR USED CAR AND TRUCK SALES BY CENTENNIAL MOTORS - 225 W. FRANKLIN ROAD: Johnson: Any comments regarding these findings of fact and conclusions of law? Looking for a motion to approve. MacCoy: Mr. Chairman, I request that the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. ~ ~ 1 ` Ml~ridian Planning & Z~g Commission ' September 9, 1997 Page 5 Smith: Second Johnson: Motion by Commissioner MacCoy, second by Commissioner Smith, roll call vote. ROLL CALL VOTE: Borup -Yea, MacCoy -Yea, Smith -Yea, Nelson -Yea MOTION CARRIED: All Yea Johnson: Mr. Chairman, the Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council. And that the property be required to meet the water and sewer requirements, the fire and life safety codes. Uniform Fire Code, parking, paving and landscape requirements and all ordinances of the City of Meridian. The Conditional use should be subject to review upon notice to the applicant. Smith: Second Johnson: Motion and a second for the stated decision recommendation to the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF 35.69 ACRES TO R-4 FOR TURNBERRY SUBDIVISION BY BENCHMARK LAND CO. -BLACK CAT ROAD BETWEEN USTICK AND CHERRY LANE: Johnson: Does anyone have anything they would like to add to these findings of fact and conclusions of lavw? MacCoy: Mr. Chairman, the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. Borup: Second Johnson: Motion and a second to approve the findings of fact and conclusions of law, roll cal vote. ROLL CALL VOTE: Borup -Yea, MacCoy -Yea, Smith -Yea, Nelson -Yea MOTION CARRIED: All Yea n U C MERIDIAN PLANNING & ZONING COMMISSION MEETING: September 9.1997 APPLICANT: CENTENNIAL MOTORS AGENDA ITEM NUMBER: 4 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR USED CAR AND TRUCK SALES GA ENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: ~ ~/ CITY ATTORNEY: ~ ~ CITY PO IC PT: L E DE ~,~ CITY FIRE DEPT: ~ 9Z, CITY BUILDING DEPT: `~ ~ MERIDIAN SCHOOL DISTRICT: (~ ~ ~ ~' / V- I ~ ~ V MERIDIAN POST OFFICE: ~ ~~ ~¢ ADA COUNTY HIGHWAY DISTRICT: ^~~ ~ ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of tie City of Meridian. ~~n~o SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary August 21, 1997 TO: Centennial Motors 225 W Franklin Rd Meridian ID 83642 FROM: Karen Gallagher, Coordinator Development Services Division SUBJECT: MCU-23-97 Used car lot 225 Franklin Road Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on August 20, 1997. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Plan&Dev Svcs-chron/file John Edney Chuck Rinaldi City of Meridian ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (2U8) 345-7680 AD •OUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report MCU-23-97 225 W. Franklin Road Used car lot The applicant is requesting conditional use approval to operate a used car and truck sales lot. The 3.66-acre site is located on the south side of Franklin Road approximately 450-feet east of Meridian Road. This development is estimated to generate 200 total additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Franklin Road ACHD Commission Date -August 20, 1997 - 7:00 p.m. L~ • -~ 'Ia rvtR~R~Pi~ TLos~-p 'X tT'~ ~~ asr-tti gut '~ S'LOS-906 - OIIYOI ~NO'IOIM3N .ocn oMn ~'u ~,mr~w aoos • •aa Nn~lwva~ •M szz • 1~311H~MV 'U7 'Oa3813H::1] () xav) ' - - s~v~~fl~ ~~e~u~~~a.~:~~~ H~S'MfU31K i . ! c- -~ To IM,~2t'2-~ ~O ~ -~ - 3 := ~` -~ ` t. - I I t I I •:..o.. ~ z ~~ .I ~ ~ I sl ~ ll a e~ I &I ~ o 1 .I 1 I ~ s ~ • ,I ~ I ~~ I I I ~~ I I I I ~ II • ~~ J 11 i I r /~ ~EI I J~ -- -r ~I ~ o h ~ ~q ~ 3 ~~ ~~ ~ 1~; i ~ I t~. I I fi SIR I I ~I ~~ 4~ 1 \i ` ~ y ~~ ~, ` ~~ ~i a~ ~ i 3 ~~x: ~ J g ~ ~ I i G ~~ I 91 _I i~ 0 ~ 7i tI 1 \, I l ~I ~ 9 i~~ i)3 9ZOS-999 ~ OHY01 'h'~If01a3H •aa rcn~HO~ 'M szz 5~010~6 '1'~9P8D~~1~8~3~ • .~ x.ao.a ..,, - s~o.-uc ws ~~a ~~ rata d~'al 3LOB '!i Lf1N3n Sai ioailNaav roly •saaa13H~1] 4 ~~ rr~ls xrb 311s ~ ~ t ~ ~-, °~mm~ ~~ ;-- ~ t~ s s - _ ii s!~ ` / ` ~ ~ ~ ~ ~ ~ 1 • . I ~ i e n .~ 1 i~ ln ~ ~ i I~~l~ ~ ~ f 6 ~ 1 : ~' ~ a ~ ~ I ~ Ie `~~~' ~ is o ~j I4 ~I~ ~ ::F~: 1 ~~ I° ~ ~ ~ I : ~ _ , 1 ~ .. - ` i r: :9~:: , 3 a z ,; ..'l.i. ~ 1 ~ xI ~-~ . I i ~ I 1 i ~ t i. is } Z; b: [[ ~i ~'~'. \ i ~ ~ aE 1~ ~ • F~ g ~ ~~ 3 . ~ 33 ~ ' ! ~ I ~ ~81 ; 5 ~°~~~s - ~ ~~ •, i ~ , ;: ~~ .. ~ ~ e t t Y I f i I i I i i I JAN.21.1997 4~44PM KELLER ASSOCIATES INC "v•l~~ " ` • • Facts and Findings: A. General Information Applicant -Centennial Motors C-G -Existing zoning 3.66 -Acres 5,941 -Square feet of existing building 280 -Traffic Analysis Zone (TAZ) West Ada Metro -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Franklin Road Minor arterial with bike lane designation Traffic count 9,066 on 4/23/96 (east of E. 1st Street) Traffic count 10,242 in 1990 (west of Meridian Road) 210-feet of frontage 55-feet existing right-of--way (27.5-feet from centerline) 83-feet required right-of--way (30-feet south of section line -section line and centerline are not the same) according to the most recent design plans for Franklin Road Franklin Road is improved with 30-feet of pavement with no curb, gutter or sidewalk. The District is planning to improve and widen this segment of Franklin Road in FY 97-98. District representatives are currently acquiring right-of--way for the project. 3rd Street (,extended) Local commercial street with no pathway designation No traffic count available 0-feet existing right-of--way 60-feet required right-of--way (20-feet from this site) 3rd Street has not yet been constructed to this site's southwest comer, as approved in Troutner Buisness Park Subdivision. B. On June 25, 1997, the Commission approved the final plat for Troutner Business Park phases I and II. That site is located adjacent to the subject applicant's south property line. The owners of Troutner Business Park were required to extend 3rd Street (local commercial roadway) as a 41-foot street section within 60-feet of right-of--way, from Penwood Street to their north property line, which is the subject applicant's southwest property comer. Normally staff would recommend that the applicant be required to provide a deposit to the Public Rights-of--Way Trust Fund for their share of the cost of extending 3rd Street along their west property line (curb, gutter, 5-foot sidewalk and 8.5-feet of pavement). However, the applicant is not proposing to develop the southern portion of the site at this time. When MCU2397.COM Page 2 • the southern portion of the site is developed, the applicant will be required to improve (or road trust the improvement) 3rd Street at that time. The applicant should be required to dedicate right-of--way for the extension of 3rd Street. This requires a 20-foot strip of right-of--way abutting the west boundary, starting at the southwest property comer extending 240-feet north. The owner should dedicate the right-of- way by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will ~ be compensated for this additional right-of--way. C. The site has two existing driveways on Franklin Road. One driveway is located 64-feet east of the west property line and the other is located 150-feet east of the west property line. There is an existing driveway on the site's west property line and several existing driveways on the north and south side of Franklin Road that are within 150-feet of the applicant's driveway (one driveway on the south side of Franklin Road is within 64-feet of the site's driveway). District policy requires that driveways on minor arterials (with a 35mph speed limit) be aligned or offset 150-feet. The site has insufficient frontage to locate a driveway in compliance with District policy. Staff recommends a variance for one driveway, provided the applicant closes the other driveway (the exact location has not yet been determined). Access to the site from Franklin Road is currently being determined in conjunction with driveways on the north side of the street by District designers. The applicant should be required to coordinate the location of the driveway with the District's Plans & Survey staff. The driveway on Franklin Road should be construct 24 to 30-feet wide with 15-foot radii pavement tapers. D. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file numbers) for details. E. District policy requires the applicant to provide a $1,785.00 deposit to the Public Rights-of- Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 210-feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. F. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveway its full required width of 24 to 30-feet wide to at least 30- feet beyond the edge of pavement of Franklin Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. G. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. MCU2397.COM Page 3 • • H. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Site Specific Requirements: 1. Dedicate a 20-foot wide strip of right-of--way beginning at the southwest corner of the parcel and extending 240-feet north along the western boundary. Dedicate the right-of--way by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will nc~t be compensated for this additional right-of--way. 2. Provide a $1,785.00 deposit to the Public Rights-of--Way Trust Fund for the cost of constructing 5-foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 210-feet) prior to issuance of any required permits or District approval of a fmal plat, whichever occurs first. 3. ACRD will construct a 24 to 30-foot wide curb return driveway with 15-foot curb radii on Franklin Road. Coordinate the location of the driveway with the District's Right-of--Way and Development Services staffs. The applicant will be required to pave the driveway 30-feet back. 4. Close one of the existing driveways using landscaping berms or other method approved by the District. Coordinate with District staff to determine which driveway to close and the method used to close the driveway. 5. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 6. Other than the access point specifically approved with this application, direct lot or parcel access to Franklin Road is prohibited. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Development Services Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or ineclu~. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. MCU2397.COM Page 4 • Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall ~pe~ificall~identify each requirement to be reconsidered and include written documentation ~f data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. 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. 5. 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. 6. 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. 7. 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 confu~mation of any change from the Ada County Highway District. 8. 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. MCU2397.COM Page 5 • Conclusion of Law: ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Submitted by: Development Services Staff Date of Commission Action: August 20. 1997 MCU2397.COM Page 6 MERIDIAN PLANNING & ZONING COMMISSION MEETING: August 12.1997 APPL{CANT: CENTENNIAL MOTORS AGENDA ITEM NUMBER: 8 REQUEST: PUBLIC HEARING: REQUEST FOR A CUP FOR USED CAR AND TRUCK SALES AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS P "REVIEWED" 1,~~ , SEE ATTACHED COMMENTS ~' "( y (, `~ l Uv ,~` l/~ (~ '1 C i "J SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian.