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HomeMy WebLinkAboutStow-It Self Storage CUP-04-017 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST) FOR CONDITIONAL USE PERMIT) APPROVAL FOR A PLANNED ) DEVELOPMENT CONSISTING OF ) DETAILED APPROVAL OF 150,680 ) SQUARE FEET OF INDOOR ) STORAGE, 3,200 SQUARE FEET OF ) RETAIL OFFICE, AND A 1,600 ) FOOT CARETAKER'S APARTMENT) AND CONCEPTUAL APPROVAL OF ) 27,265 SQUARE FEET OF RETAIL/ ) OFFICE SPACE ON 13.5 ACRES IN A ) PROPOSED Cog ZONE FOR STOW-IT) SELF STORAGE ) ) LYONS DEVELOPMENT, LLC, Applicant C/C 08/10/04 Case No. CUP-O4-017 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use pennit application having come before the City Council on August 10, 2004, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Canning, Becky McKay and Bruce Freckleton, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. The property is approximately 13.5 acres in size and is located on the southwest comer of the intersection of Overland Road and Stoddard Road, within Section 24, Township 3 FINDINGS OF FACT AND CONCLUSIONS OF LAW ~"m DECISION AND ORDER GRANTING CONDITIONll USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-OI7 PAGE 1 OF 24 North, Range 1 West. 2. Idaho Power Company is the current owner, and David L. Hogg has provided notarized consent for the subject application. 3. The Applicant is Lyons Development, LLC. 4. The subject property is currently zones RUT. There is, however, an application for annexation and zoning to CoG before the City Council. The zoning of C-G is defined within the City of Meridian Zoning and Development Ordinance Section 11-7-2. 5. The Applicant requests Conditional Use Pennit approval for a Planned Development consisting of detailed approval for 150,680 square feet of indoor storage, 3,200 square feet ofretail office, and a 1,600 square foot caretaker's apartment and conceptual approval of27,265 square feet ofretailloffice space. The Comprehensive Plan designation for this site requires a Conditional Use Permit be obtained for most uses including those requested by the Applicant. 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The uses proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. The concerns of Jackie Reinhart, Shane Hodgekiss and Garrett Harwell, expressed at the July 15, 2004 hearing ofthe Planning and Zoning Commission are recognized. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION k";D ORDER GRANTING CONDITIONll USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP.OR-OI7 PAGE 2 OF 24 The Meridian City Council of the City of Meridian hereby approves the requested Conditional Use Pennit as requested by the Applicant for the property described in the application, subject to the following: A. B. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Modify the fifth bullet of Site Specific Condition #3 on page 14 to read: "Provide a minimum 25-feet landscape buffer along the west property line. Materials used in the buffer shall be in accordance with MCC 12-13-12-3 and these materials will be coordinated with the property owners to the west, with the final result being that no trees shall be added in the area of the power lines that have a mature height greater than 25 feet." 2. Modify Site Specific Condition #4 on page 14 to read: "Two amenities as presented by the applicant at the Planning and Zoning Commission hearing will be required." 3. Modify the first sentence of Site Specific Condition #10 on page 15 to read: "The applicant may be allowed to utilize a temporary septic system for the office/apartment use only." 4. Delete Site Specific Condition #12 on page 16 5. Add Site Specific Condition #22 which reads: "The hours of operation of the storage facility shall be contained between +6:00 a.m. and 10:00 p.m. on all days." Adopt the Conditions and Recommendations of the Meridian Planning and Zoning and Public Works Departments, as modified by the Planning & Zoning Commission, as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT/PD) 1. All conditions of the accompanying AnnexationlRezone application shall also be considered conditions of the Conditional Use/PD application. 2. All building construction within this detailed phase ofStor-it, shall substantially comply with the elevations prepared by Moore Design Associates on 5-5-04. Construction materials used on the structures shall be approved by City of Meridian Building Department and be in accordance with the most recent International Building Code. If any significant modification(s) to the approved architectural design features andlormaterials, as determined by the Planning Director, are requested for building(s) in the future, the property owner shall submit a CUP modification. Said modification will require City Council approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONll USE PERMIT sTow-rr SELF STORAGE; CASE NO. CUP-OR-OI7 PAGE 3 OF 24 3. The submitted landscape plan, prepared by Moore Design Associates, and dated 5-11-04 is not approved as submitted. Prior to issuance of a Certificate of Zoning Compliance (CZC) pennit, the applicant shall submit a revised landscape plan with the following changes/ additions/notes: Provide a 20-foot wide (minimum) landscape buffer along Stoddard Road, located entirely outside of the right-of-way. All trees shall be located beyond the required street right-of-way. Prior to occupancy, said landscape buffer shall be installed along Stoddard Road, abutting the entire site. The buffer shown on the submitted Landscape Plan is approximately 25-feet wide. Staff is supportive of this increased width as it provides additional buffering for the residents in the Bear Creek Subdivision. . Provide a 25-foot wide (minimum) landscape buffer along Overland Road. All trees shall be located beyond the required street right-of-way. . Provide landscape materials within the street buffers per MCC 12-13-10. . Conifer trees are not allowed within any required street buffer area. . Provide a minimum 25-foot wide landscape buffer along the west property line. Materials used in the buffer shall be in accordance with MCC 12-13-12-3~, and these materials will be coordinated with the property owners to the west, with the final result being that no trees shall be added in the area of the power lines that have a mature height greater than 25 feet. . Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC 12-13-13-3). Ten (10) copies of a revised landscape plan shall be submitted to the City Clerk's office at least ten (10) days prior to the City Council hearing. 4. Pro'/ide nvo amenities, as approved 'ay the Plæming & ZORÍfig Commission, for the Plaooed Developmeffi. .'\t least 10 days prier ts the City C0IlBcil hear.ng, the applicaet shall sabmit I 9 eepies sf a rO'lised site pial! showing hO'.'! the amenities will Be orieBted OR the site. Two amenities as presented by the applicant at the Planning and Zoning Commission hearing will be required. 5. Off-street parking shall be provided in accordance with Chapter 13 of Title 11 of the City of Meridian Zoning and Development Ordinance. All vehicular use areas shall be paved in accordance with Meridian City Code. 6. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2. 7. Unless a waiver is specifically granted by City Council, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confinnation of said approval submitted to the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONll USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR.O17 PAGE40F24 8. 9. 10. 11. 12. All fencing shall be installed in accordance with MCC 12-4-10. Ifno pennanent fencing is provided, temporary constrDction fencing to contain debris must be installed around the perimeter prior to issuance of a building pennit. A drainage plan designed by a State ofIdaho 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. Stonn water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Stonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. The applicant shaH may be allowed to utilize a temporary septic system for the office/apartment uses in Phase I Qilly. The applicant shall enter into a non-development agreement for the balance of the property until proper sewer service is available in confonnance with the City's facility plan (see AZ-04-013). The arrangement for a septic system coooection for the proposed office/apartment use is temporary and shall be abandoned, and coooection made to City sewer, once the sewer is within 300 feet of the subject property. The applicant shall coordinate the design and location of "dry line" sewer line(s) to be installed to facilitate the future coooection to City sewer. The applicant shall coordinate with the Public Works Department, the provisions for any required sewer easements adjacent to the Hardin Drain. The applicant will be responsible to construct the water mains to and through this proposed development (looped). Project designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public Works Department with infonnation 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. The Malle Power sooStatiOR shall ae Brought into compliance with the apPFo'.'cd lanàG6ape plan at f.-da C01ffity prier to ocC1l 3atlcy of any ofthe storage, effice, or apartmeBt uses. 13. All mini-storage units shall have a 20-foot clear minimum separation between buildings, and between fences and buildings, for circulation and emergency access. 14. No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb red and provide signage "No Parking Fire Lane". FINDINGS OF FACT k'm CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-OI7 PAGE 5 OF 24 15. 16. 17. 18. 19. 20. 21. 22. Provide a Knoxbox entry system for the complex. Commercial and office occupancies will require a fue-flow consistent with the Unifonn Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. A revised site plan and landscaping plan reflecting all the required modifications to the site plan and landscaping shall be submitted to the City Clerk's office at least ten (10) days prior to the next public hearing. The applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. No building or other strDcture shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the fonn of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. This conditional use permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use pennit must be obtained prior to the start of development. The hours of operation of the storage facility shall be contained between +6:00 a.m. and 10:00 p.m. on all days. GENERAL REOUIREMENTS 1. 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. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND OECISION AND ORDER GRANTING CONDITIONll USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-OI7 PAGE60F24 Zoning and Development Ordinance. 3. All constrDction shall confonn to the requirements of the Americans with Disabilities Act. 4. Applicant's (or successor's) failure to comply with any of the tenus of approval of the conditional use pennit shall be cause for revocation ofthe conditional use pennit. C. Adopt the Recommendations of ACHD as follows: 1. Site Specific Conditions of Approval The Board of Commissioners authorize the expenditure of other District funds (approximately $30,000.00), if available, for the purchase of right-of-way on Overland Road dedicated by the applicant, with the applicant constructing a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation an additional23-feet of right-of-way along Overland Road, and construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41- feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41- feet from the centerline ofthe right-of-way, in an easement provided to the District. c. Provide a road trDst deposit in the amount of $12,900.00, to be used for future sidewalk construction along the applicant's property. 2. Dedicate 35-feet of right-of-way from the centerline of Stoddard abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building pennit (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 not be compensated for this additional right-of-way because Stoddard Road is classified as a collector roadway and is to be brought to adopted standards by the developers of abutting properties. 3. Construct Stoddard as one-half of a 46-foot street section with vertical curb, gutter and 5-foot detached (or 7-foot attached) coOncrete sidewalk within the 35-feet of right-of-way from the centerline of Stoddard Road that will be dedicated with this application. OR Provide the District with a Public Rights of-Way Road Trust deposit in the amount of $35,200.00 for the fust 500-feet of curb, gutter, 5-foot concrete sidewalk and pavement widening to one-half of a 46-foot street section for the 500-foot of frontage on Stoddard Road that is included in the District's Five Year Work Program. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION k'm ORDER GRANTING CONDITIONll USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-OI7 PAGE 7 OF 24 4. Provide the District with a Public Rights-of- Way Road Trust Fund deposit in the amount of $2,000.00 for the construction of a median to be installed as a part of the Overland Road project in 2007. 5. Construct a 20-foot wide full-access driveway that intersects Stoddard Road approximately 445-feet south of Overland Road. 6. Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. 7. Other than the access points that have been approved with this application, direct lot access to Overland Road and Stoddard Road is prohibited unless otherwise approved by the District. 8. Comply with all Standard conditions of Approval. 1. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pennits), which incorporates any required design changes. 7. Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ~'D ORDER GRANTING CONDITIONll USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-OI7 PAGE 8 OF 24 9. D. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by applicant. The applicant shall be required to call DIGLINE (1-900-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinnation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/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. Adopt the Meridian Fire Department Recommendations as follows 1. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fue hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on comers. Fire hydrants shall not have any vertical obstructions to outlets within 10'. e. f. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible constrDction begins. 6. All driveways shall have a clear driving surface, available at all times, which is 20' wide. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONll USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-OI7 PAGE 9 OF 24 9. D. 2. 3. 4. 5. F. 7. Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping. 8. Commercial and office occupancies will require a fire-flow consistent with the Unifonn Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. Provide a Knoxbox entry system for the complex. 10. The fue department requests that any future signalization installed as the result ofthe development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 11. No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb red and provide signage "No Parking Fire Lane". 12. Building setbacks shall be per the Building Code for one and two story construction. 13. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project. Adopt the Recommendations of the Central District Health Department as follows: 1. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. We will require more data concerning soil conditions on this Proposal before we can comment, if on-site sewage disposal is proposed. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: high seasonal ground water, waste flow characteristics, or bedrock from original grade. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters ifmore than 600 gallons a day are proposed. CHDH has not received any correspondence or inquiries from Lyons Development regarding on-site sewage disposal. Adopt the Recommendations of Sanitary Services Company as follows: 1. Design the enclosure(s) per the standard recommendations of SSC for access, gates, floor/pad, container stopslbumpers, and dimensions. Coordinate the design with SSC. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-O17 PAGE 10 OF 24 Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONll USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-O17 PAGE 11 OF 24 G. Adopt the action of the City Council taken at their August 10, 2004 meeting as follows: For clarification: 1. Modification ofthe CUP conditions made by the Planning and Zoning Commission, to include: a. Requiring a 25-foot wide landscape buffer to the west; b. Coordinating materials to be used with the adjacent property owner; c. Approving amenities presented by applicant at the public hearing; and d. Limiting hours of operation within the development to be from 6:00 a.m. to 10:00 p.m. 2. Applicant is granted a waiver of the standard tiling of the Hardin Drain located on the southerly boundary of the property. 3. Applicant shall be required to complete its offer to donate a sewer easement to the City to facilitate the sewer extension through the property in the future. Applicant shall coordinate with the Public Works Department and the Nampa-Meridian Irrigation District the provisions for any required sewer easement adj acent to the Hardin Drain. 4. No RV dump shall be activated until the Black Cat sewer trDnk is activated and coooected to the property. 5. Applicant has submitted copies of a revised site plan and landscape plan reflecting the changes required by the Commission, dated July 30, 2004. Therefore, the preliminary plat date shall be July 30, 2004. 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 pennit for a Planned Development Consisting of Detailed Approval of 150,680 Square Feet of Indoor Storage, 3,200 Square Feet of Retail Office, and a 1,600 Square Foot Caretaker's Apartment and Conceptual FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONll USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-OI7 PAGE 12 OF 24 Approval of27,265 Square Feet ofRetaillOffice Space on 13.5 acres in a Proposed CoG Zone for Stow-It Self Storage, located on the southwest comer ofthe intersection of Overland Road and Stoddard Road, within Section 24, Township 3 North, Range 1 West, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Modify the fifth bullet of Site Specific Condition #3 on page 14 to read: "Provide a minimum 25-feet landscape buffer along the west property line. Materials used in the buffer shall be in accordance with MCC 12-13-12-3 and these materials will be coordinated with the property owners to the west, with the final result being that no trees shall be added in the area of the power lines that have a mature height greater than 25 feet." 2. Modify Site Specific Condition #4 on page 14 to read: "Two amenities as presented by the applicant at the Planning and Zoning Commission hearing will be required." 3. Modify the first sentence of Site Specific Condition #10 on page 15 to read: "The applicant may be allowed to utilize a temporary septic system for the office/apartment use only." 4. Delete Site Specific Condition #12 on page 16 5. Add Site Specific Condition #22 which reads: "The hours of operation ofthe storage facility shall be contained between +6:00 a.m. and 10:00 p.m. on all days." B. Adopt the Conditions and Recommendations of the Meridian Planning and Zoning and Public Works Departments, as modified by the Planning & Zoning Commission, as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT/PO) 1. All conditions ofthe accompanying AnnexationlRezone application shall also be considered conditions of the Conditional UselPD application. 2. All building construction within this detailed phase ofStor-it, shall substantially comply with the elevations prepared by Moore Design Associates on 5-5-04. ConstrDction materials used on the strDctures shall be approved by City of Meridian Building Department and be in accordance with the most recent International Building Code. If any significant modification(s) to the approved architectural design features andlormaterials, as determined by the Planning Director, arerequestedforbuilding(s) in the future, the property owner shall submit a CUP modification. Said modification will require City Council approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONll USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-OI7 PAGE 13 OF 24 3. The submitted landscape plan, prepared by Moore Design Associates, and dated 5-11-04 is not approved as submitted. Prior to issuance of a Certificate of Zoning Compliance (CZC) pennit, the applicant shall submit a revised landscape plan with the following changes/ additions/notes: . Provide a 20-foot wide (minimum) landscape buffer along Stoddard Road, located entirely outside of the right-of-way. All trees shall be located beyond the required street right-of-way. Prior to occupancy, said landscape buffer shall he installed along Stoddard Road, abutting the entire site. The buffer shown on the submitted Landscape Plan is approximately 25-feet wide. Staff is supportive ofthis increased width as it provides additional buffering for the residents in the Bear Creek Subdivision. . Provide a 25-foot wide (minimum) landscape buffer along Overland Road. All trees shall be located beyond the required street right-of-way. . Provide landscape materials within the street buffers per MCC 12-13-10. . Conifer trees are not allowed within any required street buffer area. . Provide a minimum 25-foot wide landscape buffer along the west property line. Materials used in the buffer shall be in accordance with MCC 12-13-12-3~, and these materials will be coordinated with the property owners to the west, with the final result being that no trees shall be added in the area of the power lines that have a mature height greater than 25 feet. . Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (MCC 12-13-13-3). Ten (10) copies of a revised landscape plan shall be submitted to the City Clerk's office at least ten (10) days prior to the City Council hearing. 4. Pfoyiàe nvo amenities, as aJ!l3fOveà BY the Planning & ZoRiRg CoffiffiissioJl, for the Planned Deyelopment. At least 10 days prior to the City Cmrncil heariRg, the applicant shall sabmit 10 cofJies of a reyised site plan showing how the amenities will Be orÎeffied OR the site. Two amenities as presented by the applicant at the Planning and Zoning Commission hearing will be required. 5. Off-street parking shall be provided in accordance with Chapter 13 of Title 11 of the City of Meridian Zoning and Development Ordinance. All vehicular use areas shall be paved in accordance with Meridian City Code. 6. An underground, pressurized irrigation system shall be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-2. 7. Unless a waiver is specifically granted by City Council, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONll USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-OI7 PAGE 14 OF 24 8. 9. 10. 11. 12. 13. approved by the appropriate irrigation/drainage district, or lateral users association, with written confinnation of said approval submitted to the Public Works Department. All fencing shall be installed in accordance with MCC 12-4-10. Ifno pennanent fencing is provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building pennit. A drainage plan designed by a State ofIdaho 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. Stonn water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Stonn Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. The applicant shaH may be allowed to utilize a temporary septic system for the office/apartment uses il'l Phase I Qilly. The applicant shall enter into a non-development agreement for the balance of the property until proper sewer service is available in confonnance with the City's facility plan (see AZ-04-013). The arrangement for a septic system coooection for the proposed office/apartment use is temporary and shall be abandoned, and coooection made to City sewer, once the sewer is within 300 feet of the subject property. The applicant shall coordinate the design and location of "dry line" sewer line(s) to be installed to facilitate the future coooection to City sewer. The applicant shall coordinate with the Public Works Department, the provisions for any required sewer easements adjacent to the Hardin Drain. The applicant will be responsible to constrDct the water mains to and through this proposed development (looped). Project designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public Works Department with infonnation 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. The Idaho Po",'er sHBstatiel'l shall Be BF0l1ght iBto compliance with the approyeà laHèseape plan at A-da Co1:llliy prier te ece1l 3aney ef any of the storage, offiee, er apartmeBt IIses. All mini-storage units shall have a 20-foot clear minimum separation between buildings, and between fences and buildings, for circulation and emergency access. 14. No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb red FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONll USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-O17 PAGE 15 OF 24 15. 16. 17. 18. 19. 20. 21. 22. and provide signage "No Parking Fire Lane". Provide a Knoxbox entry system for the complex. Commercial and office occupancies will require a fire-flow consistent with the Unifonn Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. A revised site plan and landscaping plan reflecting all the required modifications to the site plan and landscaping shall be submitted to the City Clerk's office at least ten (10) days prior to the next public hearing. The applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. Prior to Certificate of Zoning Compliance (CZC) submittal, the applicant shall submit a revised site plan, stamped approved by SSC, for the proposed trash enclosure location and design. All dumpster(s) must be screened in accordance with MCC 11-12-1.C. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) from the Meridian Planning and Zoning Department (MCC 11-19-1). All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the fonn of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. This conditional use pennit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use pennit must be obtained prior to the start of development. The hours of operation of the storage facility shall be contained between 6:00 a.m. and 10:00 p.m. on all days. GENERAL REOUIREMENTS 1. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONll USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-OI7 PAGE 16 OF 24 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 3. All construction shall confonn to the requirements of the Americans with Disabilities Act. 4. Applicant's (or successor's) failure to comply with any of the tenus of approval of the conditional use permit shall be cause for revocation of the conditional use pennit. C. Adopt the Recommendations of ACHD as follows: 1. Site Specific Conditions of Approval The Board of Commissioners authorize the expenditure of other District funds (approximately $30,000.00), if available, for the purchase of right-of-way on Overland Road dedicated by the applicant, with the applicant constrDcting a sidewalk as described below. However, if funds cannot be secured, the applicant shall do one of the following: a. Dedicate by donation an additional23- feet of right-of-way along Overland Road, and construct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41- feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but constrDct a minimum 5-foot wide concrete sidewalk along Overland Road, located a minimum of 41- feet from the centerline ofthe right-of-way, in an easement provided to the District. c. Provide a road trDst deposit in the amount of $12,900.00, to be used for future sidewalk construction along the applicant's property. 2. Dedicate 35-feet of right-of-way from the centerline of Stoddard abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building pennit (or otherrequired permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication afterreceipt of all requested material. The owner will not be compensated for this additional right-of-way because Stoddard Road is classified as a collector roadway and is to be brought to adopted standards by the developers of abutting properties. 3. ConstrDct Stoddard as one-halfofa46-foot street section with vertical curb, gutter and5-foot detached (or 7-foot attached) coOncrete sidewalk within the 35-feet of right-of-way from the centerline of Stoddard Road that will be dedicated with this application. OR Provide the District with a Public Rights of-Way Road Trust deposit in the amount of $35,200.00 for the first 500-feet of curb, gutter, 5-foot concrete sidewalk and pavement FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONll USE PERMIT STOW-ITSELF STORAGE; CASE NO. CUP-OR-O17 PAGE 17 OF 24 widening to one-half of a 46-foot street section for the 500-foot of ftontage on Stoddard Road that is included in the District's Five Year Work Program. 4. Provide the District with a Public Rights-of-Way Road Trust Fund deposit in the amount of $2,000.00 for the constrDction of a median to be installed as a part of the Overland Road project in 2007. 5. Construct a 20-foot wide full-access driveway that intersects Stoddard Road approximately 445-feet south of Overland Road. 6. Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15- foot radii abutting the existing roadway edge. 7. Other than the access points that have been approved with this application, direct lot access to Overland Road and Stoddard Road is prohibited unless otherwise approved by the District. 8. Comply with all Standard conditions of Approval. 1. Standard Conditions of ADDroval Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pennits), which incorporates any required design changes. 7. Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONll USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-OI7 PAGE 18 OF 24 8. 9. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by applicant. The applicant shall be required to call DIGLINE (1-900-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the tenus 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 ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written continuation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Meridian Fire Department Recommendations as follows 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 2. Final Approval of the fue hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 11," outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on comers. Fire hydrants shall not have any vertical obstructions to outlets within 10'. e. f. 3. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. 4. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 5. Operational fue hydrants and temporary or pennanent street signs are required before FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONll USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-OI7 PAGE 19 OF 24 6. 7. 8. 9. E. 2. 3. 4. combustible constrDction begins. All driveways shall have a clear driving surface, available at all times, which is 20' wide. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. Commercial and office occupancies will require a fire-flow consistent with the Unifonn Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300' apart. Provide a Knoxbox entry system for the complex. 10. The fue department requests that any future signalization installed as the result ofthe development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 11. No Parking signs and painted curbs will be required for all Fire Lanes. Paint the curb red and provide signage "No Parking Fire Lane". 12. Building setbacks shall be per the Building Code for one and two story construction. 13. Please contact the Fire Marshal at 888-1234 to work specific issues associated with this project. Adopt the Recommendations of the Central District Health Department as follows: 1. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. We will require more data concenúng soil conditions on this Proposal before we can comment, if on-site sewage disposal is proposed. Before we can comment concenúng individual sewage disposal, we will require more data concerning the depth of: high seasonal ground water, waste flow characteristics, or bedrock from original grade. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters ifmore than 600 gallons a day are proposed. 5. CHDH has not received any correspondence or inquiries from Lyons Development regarding on-site sewage disposal. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONll USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-OI7 PAGE 20 OF 24 F. 1. G. Adopt the Recommendations of Sanitary Services Company as follows: Design the enclosure(s) per the standard recommendations ofSSC for access, gates, floor/pad, container stopslbumpers, and dimensions. Coordinate the design with SSC. Approval of the trash enclosure design will be required prior to issuance of a Certificate of Zoning Compliance for the project. Adopt the action of the City Council taken at their August 10,2004 meeting as follows: For clarification: 1. Modification of the CUP conditions made by the Planning and Zoning Commission, to include: a. Requiring a 25-foot wide landscape buffer to the west; b. Coordinating materials to be used with the adjacent property owner; c. Approving amenities presented by applicant at the public hearing; and d. Limiting hours of operation within the development to be from 6:00 a.m. to 10:00 p.m. 2. Applicant is granted a waiver of the standard tiling of the Hardin Drain located on the southerly boundary of the property. 3. Applicant shall be required to complete its offer to donate a sewer easement to the City to facilitate the sewer extension through the property in the future. Applicant shall coordinate with the Public Works Department and the Nampa-Meridian Irrigation District the provisions for any required sewer easement adjacent to the Hardin Drain. 4. No RV dump shall be activated until the Black Cat sewer trunk is activated and coooected to the property. 5. Applicant has submitted copies of a revised site plan and landscape plan reflecting the changes required by the Commission, dated July 30, 2004. Therefore, the preliminary plat date shall be July 30, 2004. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use pennit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the pennit 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 pennits and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION k'm ORDER GRANTING CONDITIONll USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-O17 PAGE 21 OF 24 commence construction of penn anent footings or strDctures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building constrDction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. Ifthe completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY 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 be filed with the City Clerk not more than twenty-eight (28) days after the fmal 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 ofthe City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONll USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-OI7 PAGE 22 OF 24 property which may be adversely affected by the issuance or denial of the conditional use pennit 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 '1 f\.." day of 8(p~tìT\hd ,2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED~ COUNCILMAN BILL NARY VOTED~ COUNCILMAN CHARLIE ROUNTREE VOTED~ COUNCILMAN KEITH BIRD VOTED~ MAYOR TAMMY de WEERD (TIE BREAKER) DATED: OJ - r-O"" VOTED----===--- MOTION: APPROVED:~ DISAPPROVED:- dd?--þ, Attest: PAGE 23 OF 24 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By:-Jð "-()1 11 k. , e ""- City Clerk's Office FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONll USE PERMIT STOW-IT SELF STORAGE; CASE NO. CUP-OR-OI7 Dated:..ß - ZO .04 PAGE 24 OF 24