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HomeMy WebLinkAboutMeridian Auto Mod CUP 02-004 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11-25-03 C/C 12-16-03 C/C 01-06-04 IN THE MATTER OF THE ) REQUEST FOR PROPOSED ) REVOCATION OF THE ) CONDITIONAL USE PERMIT FOR ) AN AUTOMOTIVE REPAIR ) BUSINESS AND VEHICLE ) STORAGE IN OLD TOWN ZONE ) FOR MERIDIAN AUTOMOTIVE & ) MACHINE, LOCATED ON THE ) . ~:-~ WEST SIDE OF E. FIRST STREET ) (aka.MAI~ STREET), JUST SOUTH ) OF THE RAILROAD TRACKS IN ) OLD TOWN, MERIDIAN, IDAHO ) ) JOHN NESMITH, MERIDIAN ) AUTOMOTIVE & MACHINE, ) ) APPLICANT ) ) Case No. CUP-02-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING MODIFICATION OF CONDITIONAL USE PERMIT The above entitled matter having come before the City Council on November 25, 2003 and continued until December 16, 2003 and January 6,2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Planning Director, Wendy Kirkpatrick Planner II, for the Planning and Zoning Department, John Nesmith, and Bruce Mills, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING MODIFICATION OF CONDITIONAL USE PERMIT (CUP-02-004) PAGE 1 OF 16 taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT I. A notice of a public hearing on the revocation of the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 25,2003, and continued until December 16,2003 and January 6,2004, before the City Council, the first publication appearing and written notice having been mailed to property owners or ---/<p\.!rc.hasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of 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 November 25,2003, and continued until December 16, 2003 and January 6,2004, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and 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 of Posting filed with the staff report. 3. The property is located on the west side ofE. First Street (aka Main Street), just FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING MODIFICATION OF CONDITIONAL USE PERMIT (CUP-02-004) PAGE 2 OF 16 south of the railroad tracks in Old Town, Meridian, Idaho. The proposed vehicle storage along the railroad right-of-way extends from E. 1st to Meridian Road. The subject property is currently zoned O-T (Old Town). A Conditional Use Permit is required due to the zoning designation of the property. 4. The owner of record of the subject property is Union Pacific Railroad Company of Omaha, NE. 5. Applicant is John Nesmith of Meridian Automotive & Machine of Meridian, Idaho. 6. The subject property is currently zoned 0- T Old Town. The zoning district of 0- T Old Town is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 7. The City Council finds that the holder ofCUP-02-004, Mr. John Nesmith, was notified on October 10, 2003 that the City Council of the City of Meridian intended to revoke CUP-02-004. 8. The City finds that the applicant responded to the City's letter on October 23, 2003 and requested a hearing to contest the revocation of the Meridian Automotive CUP. 9. Notice of Hearing regarding the revocation of the CUP were sent to property owners within 300' of the subject property on October 31, 2003. Notice ofthe City Council hearing was published in the Valley Times on October 18, 2003. 10. The Conditions of Approval for File No. CUP-02-004 which had not been completed as of the December 16, 2003 City Council hearing include the following: (Findings of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING MODIFICATION OF CONDITIONAL USE PERMIT (CUP-02-004) PAGE 3 OF 16 Fact and Conclusions of Law citations from File No. CUP-02-004): . A sign permit must be obtained for the existing sign. (Findings #4) . Landscaping must be installed in compliance with File No. CUP-02-004. (Finding #5) . The storage / parking are located in the Union Pacific Railroad right-of-way and must be landscaped and paved in accordance with the Meridian City Code. (Finding #8) . All parking, fa~ade improvements, and landscaping must be installed prior to occupancy of the westernmost building on the subject property. (Finding #11) . Construction of the sidewalks on Bower Street must be completed prior to occupancy. (Finding #11) . The westernmost building does not conform to current building and fire codes. 11. The applicant is proposing to modifY the Conditions of Approval for the Conditional Use Permit issued for Meridian Automotive in 2002 (CUP-02-004) as follows: . The applicant requests removing the Condition of Approval requiring the applicant to complete fa~ade improvements from the CUP. If possible, the applicant wishes to drop the requirement to complete the fa~ade improvements while retaining the possibility of finishing the fa~ade improvements (without being required to apply for an additional CUP.) . The applicant requests to have the existing monument sign and signage on the Meridian Automotive buildings approved "as is." The applicant has applied for a sign permit for these signs. . The applicant requests to have the approved use for the westernmost building officially be defined as "auto repair and storage." No welding is to be allowed in the westernmost building. Welding is to be allowed in the larger existing building. . The applicant is proposing to submit a bond for $43,639.00 for the proposed landscaping, sidewalks, and asphalt. The proposed bond amount is based on the revised site plan and landscaping plan submitted by the applicant. . The applicant has submitted a revised site plan and landscaping plan and requests approval of the revised plans. The revised plans reflect changes in the areas to be paved and areas to be landscaped. . The applicant is requesting an August 31, 2004 deadline for improvements to be made to the subject property. The applicant is requesting this deadline to allow ACHD to complete their work on Bower Street which is scheduled to be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING MODIFICATION OF CONDITIONAL USE PERMIT (CUP-02-004) PAGE 4 OF 16 completed by June 15, 2004. The applicant will be unable to complete improvements on Bower Street until ACHD completes their improvements. 12. The City Council supports the above proposed modifications to the site plan and landscaping plan and the proposed modifications to the 2002 CUP as set forth in paragraph 11 above. 13. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 14. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 15. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and Maps and the Ordinance establishing the Impact Area Boundary. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING MODIFICATION OF CONDITIONAL USE PERMIT (CUP-02-004) PAGE 5 OF 16 Comply with the action of the City Council, and adopt the Recommendations in the Memorandum dated January 2, 2004 from Wendy Kirkpatrick of the Planning and Zoning Department, from the January 6, 2004 City Council meeting as follows: I. The applicant shall not be required to complete fa~ade improvements, but the applicant shall retain the possibility of finishing the fa~ade improvements without being required to apply for an additional Conditional Use Permit. 2. The applicant shall be allowed to have the existing monument sign and signage on the Meridian Automotive buildings approved "as is." 3. The applicant shall be allowed to have the approved use for the westernmost building officially be defined as "auto repair and storage". However, no welding is allowed in the westernmost building. Welding shall only be allowed in the larger existing building. 4. The applicant shall submit a bond for $43,639 for the landscaping, sidewalks, and asphalt. The bond amount shall be based on the revised site plan and landscaping plan submitted by the applicant, and which were approved at the City Council meeting held on January 6,2004. 5. The applicant has submitted a revised site plan and landscaping plan dated 12/29/03 and stamped: RECEIVED JAN 02 2003 CITY OF MERIDIAN CITY CLERK OFFICE (the 2003 year should be 2004) and said revised site plan and landscaping plan addressed in at the City Council meeting on January 6, 2004, and dated 12/29/03 are hereby approved. The revised plans reflect changes in the areas to be paved and areas to be landscaped. 6. The applicant shall be allowed until August 31, 2004 as the deadline for improvements to be made to the subject property. This deadline of August 31, 2004 is to allow ACHD to complete their work on Bower Street, which is scheduled to be completed by June 15, 2004. The applicant will not be able to complete the improvements required on Bower Street until ACHD has completed their improvements. The Comments of the Meridian Fire Department from their January 2, 2004 memo are hereby noted as follows: 1. A fire inspection of the new building on the NW corner of the property located at 505 N. Main Street was performed by the Meridian Fire Department on December 18, 2003. The scope of work done in the shop was limited to exchange of parts with no welding operations in this part of the operation. The emergency lighting, exit signs and fire extinguishers were presents and operational. The building within the complex currently passes the required fire inspection as of January 2,2004. 17. The subject property is surrounding by the following properties: North: Union Pacific Railroad tracks. South: A pawn shop and Valley Video, zoned O-T, and single-family homes. East: Double D Supply, zoned O-T. West: Viking Fence and other storage buildings, zoned O-T. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING MODIFICATION OF CONDITIONAL USE PERMIT (CUP-02-004) PAGE 6 OF 16 18. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 18.1 The subject property is designated on the "Generalized Land Use Map" as "Old Town." 19. That the site is large enough to accommodate the proposed uses. 20. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; it is found that the current Comprehensive Plan Land Use Map designates the property as "Old Town", which is not defined for specific uses. Old Town Policy 5.4, page 27, states the following: "Special analysis should be undertaken concerning existing uses within Old Town so that specific recommendations can be made for the development of transitional uses which will enhance the area and prevent future deterioration." 21. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character ofthe same area; it is found that the design concept is compatible with other uses in the general neighborhood and the existing/intended character of the area. It is also found t hat the proposed improvements would bring the property closer to the intended character of the area. 22. That the proposed use, if it complies with all the modifications of the conditions ofthe approval imposed, will not adversely affect other property in the vicinity; it is not anticipated that the proposed project will have an adverse impact on the surrounding property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING MODIFICATION OF CONDITIONAL USE PERMIT (CUP-02-004) PAGE 7 OF 16 23. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; it is found that the proposed development will be adequately served by the essential public facilities and services listed above, if improvements are made by the applicant in accordance with policies, ordinances and Uniform Codes. 24. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; it is found that the proposed improvements 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. 25. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; it is found that.that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. 26. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; it is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. 27. That the proposed use will not result in the destruction, loss or damage of a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING MODIFICATION OF CONDITIONAL USE PERMIT (CUP-02-004) PAGE 8 OF 16 natural, scenic or historic feature considered to be of major importance; it is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. CONCLUSIONS OF LAW I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. ~67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code ~11-17-3) A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; B. That the proposed use and development plan will be harmonious with the Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING MODIFICATION OF CONDITIONAL USE PERMIT (CUP-02-004) PAGE 9 OF 16 Comprehensive Plan and in accordance with the requirements of this Ordinance; C. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; D. That the proposed use, ifit 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 that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; F. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; G. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; H. That the proposed use will have vehicular approaches to the property which shall be so designated as not to create interference with traffic on surrounding public streets; and I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Old Town District (O-T), 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 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING MODIFICATION OF CONDITIONAL USE PERMIT (CUP-02-004) PAGE 10 OF 16 recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modifY the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code ~ 11- 17-6) 7. 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 properly; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, adopted August 6, 2002, Resolution No. 02-382, and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING MODIFICATION OF CONDITIONAL USE PERMIT (CUP-02-004) PAGE 11 OF 16 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: I. That the above named applicant is granted a conditional use permit for modification in the Old Town (O-T) zone located on the west side ofE. First Street (aka Main Street), just south of the railroad tracks in Old Town, Meridian, Idaho, subject to the following conditions of use and development: Comply with the action of the City Council, and adopt the Recommendations in the Memorandum dated January 2, 2004 from Wendy Kirkpatrick of the Planning and Zoning Department, from the January 6, 2004 City Council meeting as follows: I. The applicant shall not be required to complete fa~ade improvements, but the applicant shall retain the possibility of finishing the fa~ade improvements without being required to apply for an additional Conditional Use Permit. 2. The applicant shall be allowed to have the existing monument sign and signage on the Meridian Automotive buildings approved "as is." 3. The applicant shall be allowed to have the approved use for the westernmost building officially be defined as "auto repair and storage". However, no welding is allowed in the westernmost building. Welding shall only be allowed in the larger existing building. 4. The applicant shall submit a bond for $43,639 for the landscaping, sidewalks, and asphalt. The bond amount shall be based on the revised site plan and landscaping plan submitted by the applicant, and which were approved at the City Council meeting held on January 6, 2004. 5. The applicant has submitted a revised site plan and landscaping plan dated 12/29/03 and stamped: RECEIVED JAN 02 2003 CITY OF MERIDIAN CITY CLERK OFFICE (the 2003 year should be 2004) and said revised site plan and landscaping plan addressed in at the City Council meeting on January 6,2004, and dated 12/29/03 are hereby approved. The revised plans reflect changes in the areas to be paved and areas to be landscaped. 6. The applicant shall be allowed until August 31, 2004 as the deadline for improvements to be made to the subject property. This deadline of August 31, 2004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING MODIFICATION OF CONDITIONAL USE PERMIT (CUP-02-004) PAGE 12 OF 16 is to allow ACHD to complete their work on Bower Street, which is scheduled to be completed by June 15, 2004. The applicant will not be able to complete the improvements required on Bower Street until ACHD has completed their improvements. The Comments of the Meridian Fire Department from their January 2, 2004 memo are hereby noted as follows: 1. A fire inspection of the new building on the NW corner of the property located at 505 N. Main Street was performed by the Meridian Fire Department on December 18, 2003. The scope of work done in the shop was limited to exchange of parts with no welding operations in this part of the operation. The emergency lighting, exit signs and fire extinguishers were presents and operational. The building within the complex currently passes the required fire inspection as of January 2, 2004. 2. The above conditions of CUP-02-004 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. 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING MODIFICATION OF CONDITIONAL USE PERMIT (CUP-02-004) PAGE 13 OF 16 NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfY the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the fIrst phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.8.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING MODIFICATION OF CONDmONAL USE PERMIT (CUP-02-004) PAGE 14 OF 16 request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the "71-f~ .Y day of JtVnt<.~. ,2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED-*Il./ COUNCILMAN BILL NARY VOTED $/iL.- VOTED$CL- COUNCILMAN CHARLIE ROUNTREE COUNCILMAN KEITH BIRD VOTED *"-- MAYOR TAMMY de WEERD (TIE BREAKER) DATED: /-2-7--&4-- VOTED - ~ MOTION: V APPROVED:---#-- DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING MODIFICATION OF CONDITIONAL USE PERMIT (CUP-02-004) PAGE 15 OF 16 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. \\\\1\111""",/ ", f M~"" "" '" 0 III;> ........,'..~ ~.A.......~ .f V. ~o~P0it4)':. FI'-::;' - ~^ ~ '~ v, Dat . 1=-1, 7.--0 4- SEAt '- "'" r5'- - Q/~ ,Qi.o ~ ~ ~ ""o'r 151 . ~ ~ ~ ::..of boo: " .........;' C'nlt " '{i)',,'- Z:\Work\M\Meridian\Meridian 15360M\Meridian Automotive aridl~~trit,JJIc~~~:O04\Modified CUPFfCIs CUP-02-004.doc I, ; ,_ ,.:- I : :,', ~; \, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING MODIFICATION OF CONDmONAL USE PERMIT (CUP-02-004) PAGE 16 OF 16 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 11-25-03 C/C 12-16-03 C/C 01-06-04 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR AN ) AUTOMOTIVE REPAIR BUSINESS ) AND VEHICLE STORAGE IN OLD ) TOWN ZONE FOR MERIDIAN ) AUTOMOTIVE & MACHINE, ) LOCATED ON THE WEST SIDE OF ) E. FIRST STREET (aka MAIN ) STREET), JUST SOUTH OF THE ) RAILROAD TRACKS IN OLD ) TOWN,MERIDIAN,IDAHO ) ) JOHN NESMITH, MERIDIAN ) AUTOMOTIVE & MACHINE, ) ) APPLICANT ) ) Case No. CUP-02-004 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the November 25, 2003 and continued until December 16, 2003 and January 6, 2004, under the provisions of Meridian City Code ~ 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for modification in the Old Town (O-T) zone located on the west side ofE. First Street (aka Main ORDER CONDITIONAL USE PERMIT (CUP-02-004) PAGE10F3 Street), just south of the railroad tracks in Old Town, Meridian, Idaho, subject to the following conditions of use and development: Comply with the action of the City Council, and adopt the Recommendations in the Memorandum dated January 2, 2004 from Wendy Kirkpatrick of the Planning and Zoning Department, from the January 6, 2004 City Council meeting as follows: 1. The applicant shall not be required to complete fa~ade improvements, but the applicant shall retain the possibility of finishing the fa~ade improvements without being required to apply for an additional Conditional Use Permit. 2. The applicant shall be allowed to have the existing monument sign and signage on the Meridian Automotive buildings approved "as is." 3. The applicant shall be allowed to have the approved use for the westernmost building officially be defined as "auto repair and storage". However, no welding is allowed in the westernmost building. Welding shall only be allowed in the larger existing building. 4. The applicant shall submit a bond for $43,639 for the landscaping, sidewalks, and asphalt. The bond amount shall be based on the revised site plan and landscaping plan submitted by the applicant, and which were approved at the City Council meeting held on January 6, 2004. 5. The applicant has submitted a revised site plan and landscaping plan dated 12/29/03 and stamped: RECEIVED JAN 02 2003 CITY OF MERIDIAN CITY CLERK OFFICE (the 2003 year should be 2004) and said revised site plan and landscaping plan addressed in at the City Council meeting on January 6, 2004, and dated 12/29/03 are hereby approved. The revised plans reflect changes in the areas to be paved and areas to be landscaped. 6. The applicant shall be allowed until August 31, 2004 as the deadline for improvements to be made to the subject property. This deadline of August 31, 2004 is to allow ACHD to complete their work on Bower Street, which is scheduled to be completed by June 15, 2004. The applicant will not be able to complete the improvements required on Bower Street until ACHD has completed their improvements. The Comments of the Meridian Fire Department from their January 2, 2004 memo are hereby noted as follows: I. A fire inspection of the new building on the NW corner of the property located at 505 N. Main Street was performed by the Meridian Fire Department.on December 18, 2003. The scope of work done in the shop was limited to exchange of parts with no welding operations in this part of the operation. The emergency lighting, exit signs and fire extinguishers were presents and operational. The building within the complex currently passes the required fire inspection as of January 2,2004. 3. The above conditions are concluded to be reasonable and the applicant shall meet ORDER CONDITIONAL USE PERMIT (CUP-02-004) PAGE20F3 such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the d~'2 (/ ~7"'-;( day of ,2004. Attest: d1~~ 4- William G. Berg, Jr., City Cl \\"'''"'''11111 "" Of ~fff/ ", -' I~ ,\~~", ~1'/'''-: ~ V __aP('\C .. '.... ~ ...cJV".........II"fh; ~ 1- 2--7 -t71'- f ~ ~ \ ~ 7-=.. & 2 ,; - -(}/_ ...'/5 0 ~ ~ '.::> -">'r 151 . .:fo ~ ~.....~ ~",~ "'/,1 r\-~ v \<) ,...' '1/ -U-<..JNT l' \,,\ 'I.", \\\ Z:\Work\MlMeridianlMeridian 15360MMeridian Automotive and Machine, Inc. CUP-02..o04\OrderModifiedCUP CUP-OZ.004.i:kc ", \'.\~' BY:.JI~~~ 9- City Clerk Dated: ; SEAL --' - ORDER CONDITIONAL USE PERMIT (CUP-02-004) PAGE30F3 ..-'<'.-.--.---- ~~---- -- ~ _.-_-rf'---------- ~