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HomeMy WebLinkAboutFred Meyer Gas Station CUP-00-041 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST) FOR CONDITIONAL USE PERMIT FOR) A GAS STATION FACILITY WITH A ) CANOPY AT FRED MEYER'S ) LOCATED AT 1850 E. FAIRVIEW ) AVENUE, MERIDIAN, IDAHO ) ) ) ) ) ) BY BARGHAUSEN CONSULTING ENGINEERS C/C 10-03-00 CUP-00-041 ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on the 3rd day of October, 2000, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., and the Council having received the record of this matter from the Planning and Zoning Commission including the Planning and Zoning Commission's Recommendation to City Council, and the City Council taking judicial notice, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was: Chris Ferko of Barghausen Consulting Engineers, and the Council having duly considered the matter makes the following Findings of Fact and ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / FRED MEYER GAS STATION BY BARGHAUSEN CONSULTING ENGINEERS (CUP -00-041 ) - 1 Conclusions of Law and Decision and Order. FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629 - January 4, 1994 and Maps. 2. Staff has complied with the requirements of I. C. § 67-6509 and 67- 6512 and §§ 11-2-416 E and 11-2-418 E. 3. The Council does for purposes of this dismissal Order, takes action against the project due to the inadequate parking lot space, the additional generation of traffic congestion, and the unacceptable hazards to pedestrians for the subject property. ORDER OF DISMISSAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, and specifically due to the fact that the subject real property would have inadequate parking lot space, there would be additional generation of traffic ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / FRED MEYER GAS STATION BY BARGHAUSEN CONSULTING ENGINEERS (CUP -00-041 ) - 2 ,"w, BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST) FOR CONDITIONAL USE PERMIT FOR) A GAS STATION FACILITY WITH A ) CANOPY AT FRED MEYER'S ) LOCATED AT 1850 E. FAIRVIEW ) A VENUE, MERIDIAN, IDAHO) ) ) ) ) ) BY BARGHAUSEN CONSULTING ENGINEERS C/C 10-03-00 CUP-00-041 ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on the 3rd day of October, 2000, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., and the Council having received the record of this matter from the Planning and Zoning Commission including the Planning and Zoning Commission's Recommendation to City Council, and the City Council taking judicial notice, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was: Chris Ferko of Barghausen Consulting Engineers, and the Council having duly considered the matter makes the following Findings of Fact and ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / FRED MEYER GAS STATION BY BARGHAUSEN CONSULTING ENGINEERS (CUP -00-041 ) - 1 congestion, and unacceptable hazards to pedestrians, this application is therefore dismissed. Additionally, the conditional use permit could be approved if the Applicant resubmits their conditional use permit application locating the proposed fuel dispensing station at the northeast corner of the existing parking lot, off of Avest Road. The City Council of the City of Meridian hereby adopts and approves this Decision and Order of Denial. DECISION OF DENIAL ROLL CALL: COUNCILMAN ANDERSON VOTED~ COUNCILMAN BIRD VOTED~ COUNCILPERSON de WEERD VOTED COUNCILPERSON McCANDLESS VOTED~ MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: (tJ-(7-cJO VOTED ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / FRED MEYER GAS STATION BY BARGHAUSEN CONSULTING ENGINEERS (CUP -00-041 ) - 3 MOTION: APPROVED: ~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ByJl~~~ c; City Clerk Dated: msglZ:\Work\M\Meridian I 5360M\Fred Myers Gas Station CUPO41\FFCLOrdCUPO4IDenial ORDER OF DISMISSAL OF APPLICATION FOR CONDITIONAL USE PERMIT / FRED MEYER GAS STATION BY BARGHAUSEN CONSULTING ENGINEERS (CUP -00-041 ) - 4 ...