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HomeMy WebLinkAboutFerguson Enterprises CUP-05-016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for a Conditional Use Permit for a two buildings on one lot in an I-L Zone, by Ferguson Enterprises, Inc. Case No(s). CUP-05-016 For the City Council Hearing Date of: June 7, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. b. The matter was duly considered by the City Council at the June 7, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. Written and oral testimony was received on this matter, as reflected in the records ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation for approval to the City Council. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. d. 2. Process Facts a. 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. Application and Property Facts 3. a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-O5-016 - PAGE I of 4 verified that the property owner(s) ofrecon;l at the time of issuance ofthese findings is Ferguson Enterprises, Inc. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for the application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67- 6503). 2. 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. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval 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. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated March 2004 as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's CUP Site Plan is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-O5-016 - PAGE 2 of 4 D. Notice of Applicable Time Limits 1. 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. 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 11-17-4.8.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 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. 2. Please take notice that this is a final action ofthe governing body ofthe 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. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Site Plan March 2004 Exhibit C: Final Conditions of Approval Exhibit D: Conditional Use Permit Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-O5-016 - PAGE 3 of 4 By action of the City Council at its regular meeting held on the '1 t\.-.. ---=runt'.:. ,2005. day of COUNCIL MEMBER KEITH BIRD VOTED ~ VOTED t g Û-..J VOTED ~tlCl ~ VOTED ~ 0. ~ - VOTED COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE MAYOR TAMMY de WEERD (TIE BREAKER) Attest: and City Attorney. By' Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-O5-016 - PAGE 4 of 4 EXHIBIT A Ferguson CUP-OS-016 Legal Description "c_,,_..,_c..,--, _. - - "> ,'" ,-",'.. - ~-~l-~J ~~;lb L,F¡GAL DESCRIPTION (cont , . rt::I'O.JU~N t::NIt::I'<I"1"CI::>t;:;> d) ) , r':;'" ( ':ItI ,. . EXHIBIT .A. A percel oIl...d being .. poItIor'I ot the NorttIwest qoal'hW of the Southwest quarter or Seclion B, Township 3 North, R8nge 1 East. Dotse MerIdian- Ada County, Idaho and more particularly deSCtibed 85 follows: B8girtntng at a bras. ç8p mortdng the Nonhw.t comer of.. Southwest quarter of Section B. Township 3 North, Range 1 Et5t. Boise Meridian. -Meftdi8n. Ada County. Idaho; thence along the Wescerty boUndary of the said Southwest qu.. of SedIon 8 Sauth 00.26'40- Wett 611.17 teel to '" iron pin, Uidinm pn Þelngthe REAL POINT OF BEGINNING; thence condnuØ1g elong tM Westefty boundery ðf the SouthWest quarter of said Section 8 South 00"26'40"' West 550.10 feet to an Iron pin. laid iron pin matting II point on the Nonher1J right.of-wey of the U.P .R.R. (Oregon ShorIIne); thence leavfng silid Wesœrty boundary of the said SOUUMest quarter of Section B. end along the NarIhefty rlght-of-wsy of ttle said U.P.R.R. (Creggn ShorUIne) South 8S"3O'00" East 66Z.01 feet ID an iron pin. seìd iron pin marking the Easterly boUndary 01 the Wør half of Ihe Nonhwest qu&Wler of the Southwest qu81er of said Sedion 8; thence leaving said Nonhetty righI~.way of U.P.R.R. (Oregon ~ne) end .Iong 1M Easterly boUndary of the W89t half of Ihe NðI1hMJst quarter of the SouthweSl quaner of said Section 8 North 0"27'51- East 550.10 feet to en Iron pin; thence I8avIng said Easterty boundary Glll'le W6SI half of the Northwest qœrter of It18 SouthwI,tst quanw 01 said SecUøn 8 North 88"30'00" W.saI&2.ll raet to the POINT OF BEGINNING. EXHIBIT B Ferguson CUP-OS-016 Approved Site Plan =--'~'-'::":-~-~;'~=~-:I(":~~":~-~" ",\~y~." .,. -..,. --"- =::---====-"::-::. -- ~....,.... -...... "'Ll1"""" -~ -------::"£::~:. ~ ":JNI '!;.I.NV.L111SNO::l UA!lflS 'IlMJ ~'-" -_....--:;- -----m. ~." ' "~r.J1-,.~~..~-L~~.",~ ,~"-~"="-d! --4- g-r,"--="',1 - ,_.:~-,-'-----~."-"~,:=-=:r':,-.'---~------,~.:~.. ~--'-:~~:\~~~rj "::~-\_- ~~--, ---- . . ~ ---------',f'----".._---.,.,J¡I i ¡ i ' - I "-"' Nl>"ld 311S 111'!¡ ]d ]sn l't'NOiJIONO:J I i f I 1 I , I I ~i ~ ì Ii H6i' I ¡Ii I I i I 9 I' II i,' - I' I II_" j I ; ; I 'I : I -------------, ":.:':';;:'= -- ------"- - ¡:¡~~~C;=-=:: i;;;~;'-~ -:~f ~" O;Oi,;:....~: Äo~i;o,-~o...c .~Ö~C,;-; SJSI!ld!f]lNJ Nosn~!l3.i ~ ",'--' :.;~g:¡ o¡j5o'" oS',...g ò'i "1 Z. :I} ~.~Fg ","1;:;"," ~?'~..-:. z:-;¡;:; ¡¡:z B , II I -_I,' - :, I, i '\ I ../ f "".--"..-,,-.--..- -_.__/-// ~ i II , I I . . ;;~:~~r' ?~ '" c1- 0 "_~1~":::": ,: ~f: [I " r-"~' .,. - ~ Io-r.;o :r. on?:. ;:;J ",2:""--'.... "'..-z<- ,,:S5š~ C"'Z_n "J. W.... Ë: , :';:"-¡S #-;.. ;;,; "':¡: '" 2; u , ..!.. .~ ------ . : --- EXHIBIT C Ferguson CUP-OS-016 Conditional Use Permit Conditions of Approval SITE SPECIFIC CONDITIONS OF APPROVAL 1. The applicant shall provide a second site amenity which complies with MCC 12- 6-2(A)(3). Staff recommends that a seating area for employee and customer use would be an appropriate amenity for the site. 2. Applicant shall submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases 3. Sanitary sewer service to this site is being proposed via an extension from N. Nola Road. The applicant shall be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If cover is less than 3-feet from the sub- grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 4. Water service to this site is being proposed via an extension of water mains located in N. Nola Road and E. Commercial Avenue. The applicant shall construct water mains to and through this proposed development. Coordinate size and routing with Public Works. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. STANDARD CONDITIONS OF APPROVAL 2. 1. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-17-4.8. The project layout shall remain in substantial compliance with the approved site plans. Parking is approved as depicted on the site plans. Minor modifications can be made, if necessary, during the CZC process as long as the overall parking 9. 10. ratios remain in conformance with the Meridian City Code. All surface parking shall conform to the minimum dimensions per ordinance of9' x 19' with 25' wide drive aisles. 3. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4c. 4. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. No signs are specifically approved with this Conditional Use Permit. All signage shall require separate permits. 5. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 6. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm 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. 7. Certificate of Occupancy: 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 form 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. 8. Meridian City Code requires that this site be served with an automatic underground irrigation system. Use of non-potable irrigation water is required when determined to be available by the City Public Works Department as regulated by City Ordinance 9-1-28. Sanitary sewer and water service shall be from the city of Meridian's existing systems adjacent to the site. Upgrading of existing service lines may be necessary to provide a level of service different from a residential use. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 13. 14. 15. 11. Applicant shall be responsible for application and compliance with any NPDES Pennitting that may be required by the Environmental Protection Agency. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Applicant's engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. FIRE DEPARTMENT COMMENT: 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' 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. e. Fire Hydrants shall be placed on corners when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D1O3.6 Signs. 5. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 6. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 7. The I office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 8. Maintain a separation of 5' from the building to the dumpster enclosure. 9. Provide a Knoxbox entry system for the complex prior to occupancy. 10. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. 11. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Còde. 12. Provide exterior egress lighting as required by the International Building & Fire Codes. 13. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 14. There shall be a fire hydrant within 100' of all fire department connections. 15. This project will be required to provide a 20' wide swing or rolling emergency access gate. The gate shall be equipped with a Knoxbox Padlock which has to be ordered thru the Meridian Fire Department. PARKS DEPARTMENT COMMENT: 1. The Parks Department has no concerns with the site design as submitted with the application. SANITARY SERVICES CORP. COMMENT: 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. EXHIBIT D Ferguson CUP-05-016 Required Conditional Use Permit Findings STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall fmd evidence presented at the hearing(s) is adequate to establish (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; City Council finds that the subject property is large enough to accommodate the requested use and all other required features as noted above, subject to the comments outlined below. Parking: The submitted plan depicts seventy-two (72) on-site parking stalls. MCC 11-13- 5(B)(4) requires warehousing/wholesale facilities to provide parking at the rate of one (1) space per one-thousand (1000) square feet of floor area, plus one (1) for each vehicle used in the business. The proposed 36,240 square foot and 20,640 square foot building require a total of fifty-seven (57) parking spaces. Landscaping: The applicant has proposed a twenty-five foot (25') landscape buffer along the future Locust Grove Road extension with nineteen (19) street trees, which exceeds the minimum required. The applicant has proposed a ten foot (10') landscape buffer along N. Nola Road with sixteen (16), which meets the minimum required. The applicant has also provided internal landscape planters within the parking lot which meet the requirements of Meridian City Code. The applicant has also proposed approximately 34,550 square feet of landscaped open space above and beyond the required buffers along Locust Grove Road and the north and south property lines. MCC 12-6-2 (Amenities) requires that ten percent (10%) of the gross area shall be landscaped open space for consideration as a required PD amenity. The applicant's proposal contains approximately 10.5% landscaped open space, which qualifies for inclusion as one of the two required amenities for the Planned Development. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The current Comprehensive Plan Land Use Map designates the property as "Industrial". Staff finds that the proposed retail uses are harmonious with and in accordance with the Comprehensive Plan. The proposal is a Planned Development to allow more than one (1) building on a single lot. The Planned Development provisions require that at least two (2) approved amenities are included on the site, and the applicant has included one (1), which is the landscaped open space of at least ten percent (10%). City Council feels that the applicant should provide a second amenity in order to meet the requirements of the Planned Development section of the MCC, and an appropriate amenity would be a seating area for use by employees and customers. See Site Specific Condition # 1 below. 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; The Comprehensive Plan shows that the future intended land use of the area is Industrial and the property is zoned I-L (Light Industrial). The property is surrounded by lands zoned I-L which contain similar uses to the one proposed. Therefore, City Council finds that the proposed development will not adversely change the existing or intended character of the general vicinity. Please see item D for comments regarding the impact to other property in the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council does not anticipate that the use, in the configuration proposed, will adversely affect adjacent properties in the area. The development is surrounded by lands zoned I-L and existing light industrial businesses, and this project will be compatible with the other properties in the area. E. 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; City Council finds that the proposed development can be adequately served by the essential public facilities and services listed above. Trash enclosures have been provided on-site for refuse disposal. I. Sewer is available to this project in N.Nola Road. Water is available in N. Nola Road to the East of the project, and E. Commercial Avenue to the west of the project. F. 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; City Council finds that the proposed development will 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. All required improvements, including landscaping, paving, parking, installation of services and roads, etc. will be paid for by the developer. The primary public costs to serve the project will be for fire and police services. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; City Council finds that no excessive traffic, smoke, fumes, glare or odors should result from the proposed retail use. H. 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; City Council finds that the proposed use will not create significant interference with any traffic on the surrounding public streets. 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. City Council does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use.