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HomeMy WebLinkAboutHark's Corner CUP 03-049January 22, 2004 CUP 03-049 MERIDIAN CITY COUNCIL MEETING JanUaly 27, 2004 APPUCANr L&J Capital Ventures, LLC ITEM No. J ' ~-'1 REQUEST Findings -- Request for a Conditional Use Permit for an Emissions Testing Center in a C-C zone for Hark's Corner Emission Center -- 1651 West Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ~ ADA COUNTY HIGHWAY DISTRICT: [/U I U d SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: ~e~Y~.( ~CQ ~ I Date: ~ 210 Phone: ~~ ~ ~ZD Emailed: St ff Initials: Materials presen}ed a} public meetings shall become property of the City of Meridian. R,ECEIVEI~ JAN 't 3 20~D4 Interoffice City Of IVIeridian. City Clerk Office MEMORANDUM To: William G. Berg, Jr. From: William F. Nichols Subject: BY: VAN HESS PROPERTIES, LLC FOR CONDITIONAL USE PERMIT FOR .4 RENTAL/RESTAURANT COMPLEX AT HARK'S CORNER IN A C-C ZONE File No.: CUP-03-049 Date: ,lanuary 1G, 2004 Will: Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITTONAL USE PERNl1T Sl![3.IEC"f TO CONDITIONS and ORDER for the above matter. Please place this matter upon. an upcoming Consent Agenda for Council discussion and decision. If you should have any questions please give me a call. L:AWorl:AM\MeridionAMeridian U360~(\Harlc's Corner Emission Center CUP-03-049ACtlcLtrCLPrfcls&Order 01 1604.doc BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CJC OU13/04 iN THE MATTER OF THE REQUEST FOR CONDITIONAL USF. PERMIT FOR AN EMISSIONS TESTING CENTER AT HARK'S CORNER IN A C-C ZONE FOR, LOCATED AT THE SOUTHWEST CORNER OF WEST FRANKLIN ROAD AND LiNDER ROAD (PHYSICAL ADDRESS IS 1651 WEST FRANKLIN ROAD, MERIDIAN, IDAHO L&J CAPITAL VENTURES, LLC, APPLICANT Case No. CUP-03-049 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on January 13, 2004 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning Department, and Jeffrey Hall, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby males the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LA W AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 1 OF 23 FINDINGS OF FACT A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January l3, 2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more dean fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon Che property under consideration more than one weel: before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the January 13, 2004, public hearings; and the applicant, affected property owners, and govermnent subdivisions providing services within the planning jurisdiction of the City of iVleridian, having been given ftdl opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing and the Affidavit of Publication and Proof ofPosting tiled with the staff report. 3. This proposed development request is in a C-C zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before dle Ciry Council on this application. 4. The property is located at the southwest corner of West Franldin Road and Linder FINDINGS OF FACT AND CONCLUSIONS OF LAw AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 23 Road (physical address is 165 ] West Franklin Road, Meridian, Idaho, 83642. The following uses surround the subject property: North -Franldin Road borders the subject property to the north, an industrial park zoned IL is north of Franklin Road South - Residential development (a single family dwelling) borders the subject property to the south, zoned Rl (Ada County) East - Commercial, zoned C-N West- Single-family dwelling, zoned RUT (Ada Cormty) The owner of record of the subject property is Van Hess Properties, LLC, 1651 W. Franklin Road, Meridian, Idaho 83642, who has provided notarized consent to the applicant to submit this application. 6. Applicant is L&J Capital Ventures, LLC. The subject property is currently zoned C-C (Community Business). The zoning district of C-C is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for an c-missions testing center in a C-C zone for Hark's Corner. The C-C zoning designation is within the City of Meridian Zoning and Development Ordinance requires a conditional use permiC be obtained for most uses including those requested by the Applicant. (Meridian City Zorvng and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as "Mixed Use Com,munity'. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LA~~' AND DECISION AND ORDER GRANTING CONDl'I'IONAL USE PERMIT PAGE 3 bF 23 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all cun-ent zoning maps thereof and the Comprehensive Plan of the City ofMeridian, and Maps and the Ordinance establishing the Impact Area Boundary.. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City ofMeridian planningjurisdiction public facilities and services required by the proposed development will not impose expense upon the public ifthe following conditions of development are imposed and the following is also found to he required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City ofMeridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as modified by the Planning and Zoning Commission) as follows: S1TE SPECIFIC REQUIREMENTS The conditions of approval for the Hark's Corner Development as follo~~s are still in effect. .4 certificate of zoning compliance is necessary prior to beginning operation of the emissions kiosk. Ln addition to all site specific requirements required by the CUP for Harks Corner, a planter is required to be located at the corner of the emissions testing building between the building and the emissions testing lane. A minimum 25-foot-wide landscaping buffer shall be installed along the entire length of the southern property line as required by the Landscape Ordinance for a buffer between the residential and commercial uses. 2. The trash enclosures and vacuum bays shall be relocated so that they do not encroach into the required landscaping buffer. Atwo-inch caliper tree shall be installed in this area for every 35 linear feet of landscape buffer. A six-foot-tall masonry fence shall be located along the entire length of the southern property line and shall be continuously maintained in good repair. EWDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING C:ONDI'110NAL USE PERMIT PAGE 4 OF 23 4. Landscaping along Franklin and Linder Road shall be installed as submitted, with the addition of at least three more two-inch caliper trees; two on Franklin Road and one in the center of the landscape strip adjacent to the escape lane of the restaurant. The purpose of the additional trees is to have one two-inch caliper tree per 35 linear feeC of landscaping along the street and along parking areas as required by City Ordinance. 5. The applicant shall apply for a Planned Sign Program iu accordance with the Sign Ordinance. The type, location and number of signs requested shall be amended to comply with the Sign Ordinance. 6. A revised site plan and landscaping plan reflecting all the required modifications to the site plan and landscaping shall be submitted along with performance specifications of the irrigation system at least ten days prior to the public hearing by City Council. 7. Additional trash receptacles shall be required adjacent to the new coffee kiosk for patron refuse. 8. Sanitary sewer service to this site is being proposed via extensions fi-om an existing eighf- inch diameter stub from Franklin Road. The depth of this stub may or may not provide service within the City ofMeridian's design standards for mininnun cover and pipe slopes to all areas in this proposed development. Alternately, the applicant may want to consider sewering this site to the southwest, across land under their ownership, Co the stub under Ten Mile Creek. Applicant will be responsible to conshvct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. The City is in the process of planning for a new sanitary sewer relief main adjacent to this parcel on the Linder Road frontage. Routing alignment for this main has not been established as of this date, and the City maypotentially need to acquire an easement for the installation. 9. Water service to this site will be via extensions from existing mains in Franlin Road and Linder Road. Applicant will be responsible to construct the water mains to and through this proposed development (looped). Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements For the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. ] 0. Submit additional filing fees of $185.00 for a planned development application in lieu of the conditional use permit application. 1 ]. RV Parking is shown at the northeast corner of the property. The parking shall be only for shott-term parking for patrons of the commercial establishment, and not for overnight FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 23 use. 12. Applicant shall specifically state hours of operation for all uses within Che facility during the public hearing. 13. Applicant should be required to uistall alternative methods of car wash warning systems (e.g., interior flashing lights) and speaker systems for drive-thru facilities (e.g., telephone systems) in lieu of typical noise-generating systems. 14. Any modifications to the site plan, including any fuhtre development on Lots I and 2, shall require approval as a planned development under the conditional use process. GENERAL REQUIREMENTS Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Paving and striping shall be in accordance with the standards. set forth in Sections 11-13- 4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 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-streetparking areas. Storm water h-eannent and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog ofStonn WaterBestManagement Practices for Idaho Cities and Counties and City of Meridian standards and policies. OfC site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. "The applicant is responsible for filing all necessary applications with the Idaho Depamnent of Water Resources regarding Shallow Injection Wells. 4. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-]3-4.C. 5. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 6. All construction shall conform to the requirements of the Americans with Disabilities Act. 7. Trash enclosures shall meet the requirements of the Sanitary Service Company's FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 23 guidelines for location and size. 8. Applicant's (or successor's) failure to comply with any of the teens of approval of the conditional use permit shall be cause for revocation of the conditional use permit. B. Adopt the Recommendations of ACHD as follows: ACRD conditions and requirements from File No. AZ-O1-007 & CUP-Ol -011 also apply to this application. Site Specific Requirements: 1. Dedicate 45-feet ofright-of--way from the centerline of Linder Road abutting the parcel 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. Allow up to 30 business days to process the right-of-way dedication after receipt of alt requested material. The owner will be paid the fair market value of The light-of--way dedicated which is an addition to existing ACHD right-of-way. 2. The existing 36-foot wide driveway on Linder Road located at the south property line, approximately 220-feet south of the signalized intersection at Franklin Road, is approved with this application as aright-itr/right-out/left-in driveway. Construct a traffic island/median on Linder Road to restrict left-out traffic. The applicant shall coordinate the design and location of the traffic islahd/median with District staff. 3. Staff recommends that the applicant either utilize the existing 36-foot wide right- in/right-out driveway on Franklin Road located a minimum of 220-feet from the intersection as right-in/right-out, OR construct a 35-foot wide full access driveway on Franklin Road located a minimum of 315-feet from the intersection. If the applicant constructs aright-in/right-ouC driveway, then the applicant shall install a median in Fraril<lin Road located 50-feet west of the stop bar at Linder Road, and extending 50-feet west of the western edge of driveway on Franklin Road. 4. [f the applicant chooses to construct aright-inhight-out driveway located 220-feet west of Linder Road, then a second driveway could be constructed located 440-feet west of Linder Road, and located to align or offset a minimum of 1 50-feet From any cxisting or proposed driveways on the north side of Franklin Road (Cafarelli Subdivision -approved in 2000). If the applicant chooses to construct a fitll access driveway located 315-feet west of Linder Road, then a second driveway could be constructed located to align or offset a minimum of 150-feet from any existing or proposed driveways on the north side of Franklin Road (Cafarelli Subdivision -approved in 2000). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 23 5. Pave the driveways on Franklin Road their full width and at least 30-feet into the site beyond Che edee of pavement of Franklin Road and install pavement Capers with 1 d- foot radii abutting the existing roadway edge. 6. Pave the driveway on Linder Road its full width and at least 30-feet into the site beyond the edge of pavement of Linder Road with 15-foot curb radii. 7. Construct a 5-foot wide concrete sidewalk on Franldin Road abutting the parcel. where there are not currently improvements. Extend the sidewalk from its existing location and alignment. 8. All existing/proposed irrigation facilities shall be relocated outside of the righC-of- way on Linder Road and Franklin Road. 9. All utility relocation costs associated with improving sh'eeC frontages abutting the site shall be borne by the developer. 10. Replace unused curb cuts on Franklin Road with standard curb, gutter and concrete sidewalk to match existing improvements. 11. Other than the access points specifically approved with this application, direct lot or parcel access to Linder Road or Fraiil<lin 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 Planning and Development 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 inequity. 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. 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 ACRD Commission action, any request for reconsideration ofthe Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. FINDINGS OE FACT AND CONCLUSIONS OF 1.:14V AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OP 23 The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of 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. ]f the Commissiou 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 #193, also known as Ada County Highway District Road hnpact 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 ACRD Ordinances unless sped [ically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance oP building permit (or other required permits), which incorporates any required design changes. 6. Constntction, 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. It is the responsibility of the applicant to verify all existing utilities within the fight-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be v~did unless Chey are in writing and signed by Che applicant or the applicant's authorised representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written corrfu-mation of any change from the Ada County Highway District. 9. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAw AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 23 requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: Post the address in 4" numbers on the building. Provide a 2A1 OBC fire extinguisher for the building. D. Adopt the action of the City Council taken at their January L3, 2004 meeting as follows: For clarification: A decorative planter shall be constructed at the comer of the emissions testing building (between the building and the emission testing lane), acid Che applicant shall construct a decorative planter, and the placement of the planter, as well as the size and width of said planter, shall be approved by the Planning and Zoning Department. 2. The emission testing building shall only be allowed to be moved on the property in the future by submitting a CUP application and obtaining the City's approval. 13. It is found that the subject property is large enough to accommodate the required parking, landscaping, setbacks, and other required improvements of this ordinance. The required parking for the Emissions Center will be provided within the existing parking lot on the subject property. The wooden building will meet all required setbacks for the C-C disu-ict. 14. The current Comprehensive Plan Land Use Map designates the property as "Mixed Use Community" and is currently zoned C-C. It is found that the requested emissions center use is a Conditional Use according to MCC11-8-1. It is found that the use will be harmonious with the Meridian Zoning Ordinance and the Comprehensive Plan. 15. Il is found that the proposed development will not adversely change the intended character of the general vicinity. The emissions center is compatible with the existing and the proposed uses at Hati<'s Comer. FINDINGS OF FACT AND CONCLUSIONS OF LA1~' AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 23 16. It is not anticipated that the proposed use will adversely affect adjacent properties. 17. It is found that the proposed development can be served adequately by essential public facilities and services. 18. It is fotmd that the proposed use would not be detrimental. to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public It is found that public facilities and services necessary to serve the proposed use are currently available on site. 19. It is found that no excessive smoke, fumes, glare or odors will result fi-om the proposed use. The intended purpose of the emissions testing center is to monitor automobile emissions in the hopes to remove polluting vehicles and improve the general air quality throughout Ada County. 20. It is found that the proposed use will not create significant interference with any Traffic on the surrounding public streets. Traffic for the emissions center will be contained on- site in Che Hark's Corner parking lot. 21. It is found that the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance by the issuance of this conditional use. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified of Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 23 under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and X-, Chapter [, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption ofits zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development (Meridian City Code ~ 1 1-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as maybe required by this Ordinance; b. That the proposed use and development plan will be harmonious with the :Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation atld maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if iC complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks. police and fire protection, drainage structures, refuse disposal, water, sewer; or thaC the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 23 £ That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the conununity; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage o~f a natural, scenic or historic feature considered to be of major importance. Prior to granting a conditional use permit in the Community Business (C-C), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 1~ of this Title. Provided, however, that conditional use applications for land in 01d Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Connnission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that an}~ approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 23 of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the above named applicant is granted a conditional use permit for an emissions testing center in a C-C zone for Hark's Corner located at the southwest corner of West FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 23 Franklin Road and Linder Road, (physical address is 1651 W. Franklin Road), Meridian, 1'daho, subject to the following conditions of use and development, subject to the following: A. .Adopt the Recommendations ofthe Planning and Zoning and Engineering staff (as modified by the Platming and Zoning Conunission) as follows: SITE SPECIFIC REQUIREMENTS The conditions of approval for the Hark's Corner Development as follows are still in effect. A certificate of zoning compliance is necessary prior to beginning operation of the emissions kiosk. in addition to all site specific reyuirements required by the CUP for Harks Corner, a planter is required to be located at the corner of the. emissions testing building between the building and the emissions testing lane. A minimum 25-foot-wide landscaping buffer shall be installed along the entire length of the southern property line as required by the Landscape Ordinance for a buffer between the residential and commercial uses. 2. The trash enclosures and vacuum bays shall be relocated so that they do not encroach into the required landscaping buffer. Atwo-inch caliper tree shall be installed in this area for every 35 linear feet of landscape buffer. 3. Asix-foot-tall masonry fence shall be located along the entire length of the southern property line and shall be continuously maintained in good repair. Landscaping along Franklin and Linder Road shall be installed as submitted, with the addition of at least three more two-inch caliper trees; two on Franklin 'Road and one in the center of the landscape strip adjacent to the escape lane of the restaurant. The purpose of the additional trees is to have one two-inch caliper tree per 35 linear feet of landscaping along the street and along parking areas as required by City Ordinance. The applicant shall apply for a Planned Sign Program in accordance with the Sign Ordinance. The type, location and number of signs requested shall be amended to comply with the Sign Ordinance. 6. A revised site plan and landscaping plan reflecting all the required modifications to the site plan and landscaping shall be submitted along with performance specifications of the irrigation system at least ten days prior to the public hearing by City Council. Additional trash receptacles shall be required adjacent to the new coffee kiosk for patron refuse. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDI"f10NAL USE PERMIT PAGE 15 OF 23 Sanitary sewer service to this site is being proposed via extensions from an cxistiug eight- inch diameter stub from Franklin Road. The depth of this stub may or may not provide service within the City ofMeridian's design standards for minimwu cover and pipe slopes to all areas in this proposed development. Alternately, the applicant may want to consider sewering this site to the southwest, across land under their ownership, to the stub under';fen Mile Creek. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. The City is in the process of planning for a new sanitary sewer relief main adjacent to this parcel on the Linder Road frontage. Routing alignment for this main has not been established as of this date, and the City may potentially need to acquire an easement for the installation. 9. Water service to this site will be via extensions from existing mains in Fra~>Iclin Road and Linder Road. Applicant will be responsible to construct the water mains Co and through this proposed development (looped). Subdivision designer to coordinate main sizing and routing with. the Public Works Department. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should he monitored with the Meridizur Water Department. L0. Submit additional filing fees of 5185.00 for a planned development application in lieu of the conditional use permit application. ] 1. RV Parking is shown at the northeast corner of the property. The parking shall be only for short-term parking for patrons of the commercial establishment, and not for overnighC use. l2. Applicant shall specifically state hours of operation for all uses within. the facility during the public hearing. 13. Applicant should be required to install alternative methods of car wash warning systems (e.g., interior flashing lights) and speaker systems for drive-thru facilities (e.g., telephone systems) in lieu of typical noise-generating systems. 14. Any modifications to the site plan, including any future development on Lots 1 and 2, shall require approval as a planned development under the conditional use process. GENERAL REQUIREMENTS Off-street parking shall be provided in accordance with Section 11-13 of the Ciry of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 23 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-13- 4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a Slate of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog ofStorm WaterBest ManagementPractices for Idaho Cities and Counties and CityofMeridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving sn-eam provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 4. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 5. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 6. All construction shall conform to the requirements of the Americans with Disabilities Act. 7. Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. B. Adopt the Recommendations of ACHD as follows: ACHD conditions and requirements from File No. AZ-O1-007 & CUP-0 L-01 t also apply to this application. Site Specific Requirements: I. Dedicate 45-feet ofright-of--way from the centerline of Linder Road. abutting the parcel by means of recordation of a final subdivision plat or execution of a wan anty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of--way dedicated which is an addition to existing ACHD right-of--way. FINDINGS OF FACT AND CONCLUSIONS OF I~A W AND DECISION AND ORDER GRANTING CONDI"hLONAL USE PERMIT PAGE 17 OF 23 2. The existing 36-foot wide driveway on Linder Road located at the south property line, approximately 220-feet south of the signalized intersection at Franklin Road, is approved with this application as a right-in/right-out/left-in driveway. Construct a traffic island/median on Linder Road to restrict left-ouC traffic. The applicant shall coordinate the design and location of the traffic island/median with District staff. Staff recommends that the applicant either utilize the existing 36-foot wide right- in/right-out driveway on Franklin Road located a minimum of 220-feet from the intersection as right-in/right-out, OR construct a 35-foot wide full access driveway on Franldin Road located a minimum of 315-feet from the intersection. If the applicant constructs aright-in/right-out driveway, then the applicant shall ,install a median in Fraiilclin Road located ~0-feet west of the stop bar at Linder Road, and extending 50-feet west of the western edge of driveway on Franklin Road. 4. If the applicant chooses to construct aright-in/right-out driveway located 220-feet west of Linder Road, then a second driveway could be constructed located 440-feet west of Linder Road, and located to align or offset a minimum of L~0-Feet from any existing or proposed driveways on the north side of Franklin Road (Cafarelli Subdivision -approved in 2000). If the applicant chooses to construct a full access driveway located 315-feet west of Linder Road, then a second driveway could be constructed located to align or offset a minimum of 150-feet from any existing or proposed driveways on the north side of Franklin Road (Ca[arelli Subdivision - approved in 2000). 5. Pave the driveways on Franldin Road their frill width and at least 30-feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 6, Pave the driveway on Linder Road its full width and at least 30-feet into the site beyond the edge of pavement of Linder Road with 15-foot curb radii. Construct a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel, where there are not currently improvements. Extend the sidewalk from its existing location and alignmenC. 8. All existing/proposed irrigation facilities shall be relocated outside of the right-of- way on Linder Road and Franklin Road. 9. All utility relocation costs associated with improving sn-eet frontages abutting the site shall be borne by the developer. 9. Replace unused curb cuts on Frandin Road with standard curb, gutter and concrete sidewalk to match existing improvements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 23 10. Other than the access points specifically approved with this application, direct iot or parcel access to Linder Road or Franklin Road is prohibited. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requircment would result in a substantial hardship or inequity. The writtenrequest 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. 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 froth 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 Planning and Development Supervisor within six days of the action and shall include a minimum fee of 5110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of 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 ;#193, also known as Ada County Highway Disn ict 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. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 23 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates an_y required design changes. 6. Construction, use and property development shall be in confornlance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1- 800-342-1585) at least two frill business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in waiting 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 froi~n the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subjecC 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 Dish-icC 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: Post the address in 4" numbers on the building. 2. Provide a 2A I OBC fire extinguisher for the building. D. Adopt the action of the City Council taken at their January 13, 2004 meeting as follows: For clarification: A decorative planter shall be constructed at the corner of Che emissions testing building (between the building and the emission testing lane), and the applicant shall constrict a decorative planter, and the placement of the planter, as well as the size and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 23 width of said planter, shall be approved by the Planning and Zoning Department. 2. The emission testing building shall only be allowed to be moved on the property in the future by submitting a CUP application and obtaining the City's approval. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clark and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (l8) months unless otherwise approved by the council. Drtring this time, dre permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. hr this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the conunission and council a construction schedule and completion date far the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline 'for completion of the FINDINGS OF FAC`F AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 23 project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month dead tine shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. if the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be cull acid void. (MCC 11-17- 4.B.) vOTICE OF RIGHT TO REGULATORY TAHINCS ANALYSIS The ApplicanC is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerlc not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. By action of the City Council at its regular meeting held on the 27 ~ day of c~~Y"u-Gvt , X004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED_~ COUNCILMAN BILL NARY VOTED_~ COUNCILMAN CHARLIE ROUNTREE VOTED_~~-- COUNCILMAN KEITH BIRD VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 23 MAYOR TAMMY de WEERD (TIE BREAKER) VOTED -~ DATED:_ _l ~~~Q ~- MOTION: APPROVED: DISAPPROVED: Mayo;~~ }tmy e Weerd Attest: ``~~~~~~~~~ 'r+ i~~~i~'' rF0 ,L(,~" - REAL William G. Berg, .ir., City Cl rlc `" s, 9 ~'sr tsz • ~ Copy served upon Applicant, Planning ari Q e~arl~1~~€ PuUlic Works Department and the City Attorney. ~~~''~.~.,.,,'~~,~~sa~`O~ ~~~~y ~pFj111jj„~~,-'~,~,~~~ ~ `~oaPOwq rFO ~' ~~ ~--~ y.,, /-Z ~ Off' SEAL By; Dated: = r yon' City Cleric % '9p ~~r ts~ •~ ~Z` ,` 0 ) cioc ~~a~r~ls~un~t tr1~A~~N"``'~ Z\ WorldM\Meridiun\Meridian 15360M\Harl<'s Corner Emission Censer CUP-03049\FtCIsCUP03- 4' . FINDINGS OF FACT AND CONCLUSIONS OF I_A~ti' AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 23 BEFORE THE MERIDIAN CITY COUNCIL GC 01-13-04 IN THE MATTER OF THE APPLICATION OF ) L&J CAPITAL VENTURES, LLC FORA ) CONDITIONAL USE PERMIT FOR AN EMISSIONS ) TESTING CENTER AT HARK'S CORNER IN A C-C ) ZONE, LOCATED AT THE SOUTHWEST CORNER ) OF WEST FRANKLIN ROAD AND CINDER ROAD ) (PHYSICAL ADDRESS IS 1651 WEST FRANKLIN ) ROAD, MERIDIAN, IDAHO ) CASE NO. CUP-03-Od9 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 13`" day of January, ?004, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant, L&J Captial Ventures, LLC, is granted a conditional use for an emissions testing center in a C-C zone for Hark's Corner, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit for an emissions testing center in a C-C zone for Hark's Corner, located at southwest comer of West Franklin Road and Linder Road (physical address is 1651 West Franklin Road), Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as modified by the Planning and Zoning Commission) as follows: SITE SPECIFIC REQUIREMENTS ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT-HARK'S CORNER (CUP-03-049) PAGE 1 OF ]0 The conditions of approval for the Hark's Corner Development as follows are still in effect. A certificate of zoning compliance is necessary prior to beginning operation of the emissions kiosk. In addition to all site specific requirements required by the CUP for Harks Corner, a planter is required to be located at the corner ol'the emissions testing building between the building and the emissions testing lane. 1. A minimum 25-foot-wide landscaping buffer shall be installed along the entire length of the southern property line as required by the Landscape Ordinance for a buffer between the residential and commercial uses. 2. The trash enclosures and vacuum bays shall be relocated so that they do not encroach into the required landscaping buffer. Atwo-inch caliper tree shall be installed in this area for every 35 linear feet of landscape buffer. 3. Asix-foot-tall masonry fence shall he located along the entire length of the southern property line and shall be continuously maintained in good repair. 4. Landscaping along Franklin and Linder Road shall be installed as submitted, with the addition of at least three more two-inch caliper trees; two on Franklin Road and one in dle center of the landscape strip adjacent to the escape lane of the restaurant. The purpose of the additional trees is to have one two-inch caliper tree per 3~ linear feet of landscaping along the street and along parking areas as required by City Ordinance. 5. The applicant shall apply for a Planned Sign Program in accordance with the Sign Ordinance. The type, location and number of signs requested shall be amended to comply with the Sign Ordinance. 6. A revised site plan and landscaping plan reflecting all the required modifications to the site plan and landscaping shall be submitted along with performance specifications of the irrigation system at ]east ten days prior to the public hearing by City Council. 7. Additional trash receptacles shall be required adjacent to the new coffee kiosk for patro^ refuse. 8. Sanitary sewer service to this site is being proposed via extensions from an existing eight- inch diameter stub from Franklin Road. The depth of this stub may or'may not provide service within the City ofMeridian's design standards for minirnum cover and pipe slopes to all areas in this proposed development. Alternately, the applicant may want Co consider sewering this site to the southwest, across land under their ownership, to the stub under Ten ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL U SE PERMIT - HARK' S CORNER (CUP-03-049) PAGE 2 OF 10 Mile Creek. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worl<s Department. The City is in the process ofplanning for a new sanitary sewer relief main adjacent to this parcel on the Linder Road frontage. Routing alignment for this main has not been established as of this date, and the City may potential ly need Co acquire an easement for the installation. Water service to this site will be via extensions from existing mains in Franldin Road and Linder Road. Applicant will be responsible to construct the water mains to and through this proposed development (looped). Subdivision designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public bVorls Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department. 10. Submit additional filing fees of $185.00 for a planned development application in lieu of the conditional use permit application. 1 l . RV Parking is shown at the northeast comer of the property..The parking shall be only for short-term parking for patrons of the commercial establishment, and not for overnight use. 12. Applicant shall specifically state hours of operation for al] uses within the facility during the public hearing. l3. Applicant should be required to install alternative methods oFcar wash warning systems (e.g., interior flashing lights) and speaker systems for drive-thru Facilities (e.g., telephone systems) in lieu of typical noise-generating systems. 14. Any modifications to the site plan, including any future development on Lots 1 and 2, shall require approval as a planned development under the conditional use process. GENERAL REQUIREMENTS Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-13- 4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT-HARK'S CORNER (CUP-03-049) PACE 3 OF ]0 accordance with Americans with Disabilities Act (ADA) requirements. 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-streeC parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog ofStorm WaterBest Management Practices for Idaho Cities and Counties and City ofMeridian standards and policies. Off-site disposal into a surface water is prohibited uriless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the ldaho Department of Water Resources regarding Shallow Injection Wells. 4. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 5. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All construction shall conform to the requirements of the Americans with Disabilities Act. Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. B. Adopt the Recommendations of ACHD as follows: ACHD conditions and requirements from File No. AZ-O1-007 & CUP-O1-011 also apply to this application. Site Specific Requirements: 1. Dedicate 45-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty dced prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of--way. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HARK'S CORNER (CUP-03-049) PAGE 4 OF 10 2. The existing 36-foot wide driveway on Linder Road located at the south property line, approximately 220-feet south of the signalized intersection at Franklin Road, is approved with this application as aright-in/right-out/left-in driveway. Construct a traffic island/median on Linder Road to restrict left-out traffic. The applicant shall coordinate the design and location of the traffic island/median with DIStJ~CC staff. 3. Staff recommends that the applicant either utilize the existing 36-foot wide right- in/right-out driveway on Franldin Road located a minimum of 220-feet Cron the intersection as right-in/right-out, OR construct a 35-foot wide full access driveway on Franklin Road located a minimum of 31 ~-feet from the intersection. If the applicant constructs aright-in/right-out driveway, then the applicant shall install a median in Franklin Road located 50-feet west of the stop bar at Linder Road, and extending ~0-feet west of the western edge of driveway on Franklin Road. 4. If the applicant chooses to construct aright-in/right-out driveway located 220-feet west of Linder Road, then a second driveway could be constructed located 440-feet west of Linder Road, and located to align or offset a minimum of L50-feet from any existing or proposed driveways on the north side of Franklin Road (Cafarelli Subdivision -approved in 2000). If the applicant chooses to construct a full access driveway located 315-feet west of Linder Road, then a second driveway could be constructed located to align or offset a minimum of 150-feet from any existing or proposed driveways on the north side of Franklin Road (Cafarelli Subdivision -approved in 2000). 5. Pave the driveways on Franklin Road their full width and at least 30-feet into the site beyond the edge of pavement ofFranklin Road and install pavement tapers with 15- foot radii abutting the existing roadway edge. 6. Pave the driveway on Linder Road its full width and at least 30-Feet into the site beyond the edge ofpavement of Linder Road with 15-foot curb radii. 7. Construct a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel, where there are not currently improvements. Extend the sidewalk from its existing location and alignment. 8. All existing/proposed irrigation facilities shall be relocated outside of the right-of- way ou Linder Road and Franldin Road. 9. All utility relocation costs associated with improving street fi'ontages abutting the site shall be borne by the developer. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT-HARK'S CORNER (CUP-03-049) PAGE ~ OF 10 10. Replace unused curb cuts on Fratildin Road with standard curb, gutter and concrete sidewalk to match existing improvements. 11. Other than the access points specifically approved with this application, direct lot or parcel access to Linder Road or Franldin Road is prohibited. Standard Requirements: 1. A request for modification, variance or waiver of airy requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requircment to be rcconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACRD Commission action. Those 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 ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of 5110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of 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 aC which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building constnictio^ in accordance with Ordinance #193, also known as Ada County Highway District Roaii 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 sped fically waived ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HARK'S CORNER (Ci?P-03-049) PAGE 6 OF 10 herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which uuorporates 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. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to brealcing grormd within ACRD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject ofthis 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. C. Adopt the Recommendations of the Meridian Fire Department as follows: Post the address in 4" numbers on the building. 2. Provide a 2A1 OBC fire extinguisher for the building. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HARK'S CORNER (CUP-03-049) PAGE 7 of Io D. Adopt the action of the City Council taken at their Januaty 13, 2004 meeting as follows: For clarification: 1. A decorative planter shall be constructed at the comer of the emissio,os testing building (between the building and. the emission testing lane), and the applicant shall construct a decorative planter, and the placement of the planter, as well as the size and width of said planter, shall be approved by the Planning and Zoning Department. 2. The emission testing building shall onlybe allowed to be moved on the property in the future by submitting a CUP application and obtaining the City's approval. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application far a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to the permit. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. h~ this context "structures" shall inchide sewer and water lines, streets or building construction. The applicant has specified in Che application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HARK' S CORNER (CUP-03-049) PAGE 8 OF 10 application for a time extension on the project far city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of oue year from the original date of approval by the council If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.j NOTICE OF RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must he filed with the City Clerk not more than twenty-eight (28) days after the final decision couccrning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. Bey action of the City Council at its regular meeting held on the 27 day of ~~ d X004. Taimny de r Mayor City of Meridiu~ ORDEK OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT-HARK'S CORNER (CUP-03-049) PAGE 9 OF 10 Attest: G. Berg, Jr., City Copy served upon Applicant, and City Attorney. ,````````~punun ruH~rq ~. r ~ '- c~''`d' ~.,oe~vaR,q r~9'y ~''o ~` ~ $EAL - ;rk 9 ~, - ~`~ O \: %90,9 GsT ts~ ~ ~.r;. the Planning ahd,~3titia~-~ep ~a~ient, Public Works ~„ . By: ~'~`~~~~' ~~ Dated City Clerk /-Z?-o¢ L:\Wbrk\M\Meridian\Meridian 153GOM\Hark's Comer Emission Center CUP-03-049\CUPOrdecdoc ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - HARK'S CORNER (CUP-03-049) ~``~``,pirnun Urp y pF H1ER~r~''%, TFa \ ~EA~ 9~ o~' ~~ •` 90 Gsr Yst , 4rn ~, '. '' ~T PAGE 10 OF 10