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CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006
STAFF REPORT
P & Z Commission Hearing
Hearing Date: 2/16/2006
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TO:
FROM:
SUBJECT:
Planning & Zoning Commission
Joseph Guenther, Associate City Planner
Yanke Warehouse
. CUP-06-001
Conditional Use Permit for the Yanke Warehouse and office building to have
an Arts, Entertainment, or Recreation Facility, indoors in an I-L district.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Gordon Jones Construction, is requesting a conditional approval for an Arts,
Entertainment, or Recreation Facility, indoors at 724 Taylor Street which lies in an Industrial District. The
subject application includes a request to convert a warehouse building (under construction CZC-05-128)
with associated office uses and designed for 29' high pile storage to basketball courts.
2, SUMMARY RECOMMENDATION
Staffrecommends approval of the subject use request with the conditions contained in Exhibit B. NOTE:
an Arts, Entertainment, or Recreation Facility, indoors is permitted with a conditional use in an industrial
district with specific use standards as listed in UDC 11-4~3.2.
3, PROPOSED MOTIONS
Approval
I move to approve File Number CUP-06-001 as presented in the staff report for the hearing date
of February 16, 2006, and the site/landscape plan dated August 8, 2005 with the following
modifications to the conditions of approval: (add any proposed modifications).
Denial
I move to deny File Number CUP-06-001 as presented in the staff report for the hearing date of
February 16, 2006, and the site/landscape plan dated August 8, 2005 for the following reasons:
(you must state specific reasons for denial. They should address how the applicant might fe-do
the application to gain your recommendation for approval).
Continue
I move to continue the public hearing for File Number CUP-06-00 1 to (date certain). (You should
state the reason for the continuance.)
4, APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
724 Taylor Street
NE V,¡ SW V,¡ Section 8, T3N Rl W
b. Owner:
Idaho Tank and Culvert
PO BOX 540
Yanke Warehouse CUP-06-001
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006
Boise ill 83705
c. Applicant:
Gordon Jones Construction
9351 W. State
Boise Id, 83706
d. Representative: Paul Howard
e. Present Zoning: I-L
f. Present Comprehensive Plan Designation: Industrial
g. Description of Applicant's Request:
1. Date of CUP site/landscape plan (attached as Exhibit AI): August 8, 2005
h. Applicant's Statement/Justification (reference submittal material): The applicant has
submitted the CUP request as Arts, Entertainment, and Recreational uses to are required to
receive Conditional approval. Also, Industrial uses require Certificate of Zoning Compliance
approval in an I-L District which the applicant has already completed CZC-05-0128. The
proposal is consistent with the underlying district and will provide an alternate use for Yanke
Warehouse designed for warehousing and office uses.
5, PROCESS FACTS
a. The subject application will in fact constitute a conditional use as determined by UDC 11-2C-
1. By reason of the provisions of UDC 11 ~ 5B-6, a public hearing is required before the
Planning Commission for all Conditional Use hearings.
b. Newspaper notifications published on: February 13, 2006 and January 30, 2006
c. Radius notices mailed to properties within 300 feet on: January 20, 2006
d. Applicant posted notice on site by: February 5,2006
6, LAND USE
a. Existing Land Use(s): Industrial
b. Description of Character of Surrounding Area: Existing industrial uses west of the site (I~84
Lumber) and industrial properties to the north, south and west.
c. Adjacent Land Use and Zoning
1. North: Railroad zoned I-L.
2. East: Industrial uses, zoned I-L.
3. South: Industrial uses, zoned I-L.
4. West: Industrial uses, zoned I-L.
d. History of Previous Actions:
none
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Taylor Street
Location of water: Taylor Street
Yanke Warehouse cUP-06-001
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006
Issues or concerns:
none
2. Vegetation:
None
3. Flood plain: N/A
4. CanalsIDitches Irrigation: N/A
5. Hazards: N/A
6. Proposed Zoning: I-L
7. Size of Property: 3.8 acres
8. Description of Use: Industrial
f. Conditional Use Information
1. Non-residential square footage: 48,960 s/fwarehouse
2. Proposed building height: 34' 8"
3. Number of Residential units: None.
g. Off-Street Parking (non-residential uses)
1. Parking spaces required: 12
2. Parking spaces proposed: 178 total.
3. Compact spaces proposed: No compact spaces are proposed.
4. Off-site parking proposed: None.
h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access
to the building will be through Taylor Street.
7, COMMENTS MEETING
On January 27,2006 Planning Staff held an agency comments meeting. The agencies and
departments present include: Meridian Fire Department, Meridian Police Department, Meridian
Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff
has included all new comments and recommended actions as Conditions of Approval in the
attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
Industrial Areas are designated to allow a range of industrial uses to support industrial and commercial
activities and to develop with sufficient urban services. In light industrial areas, uses may include
warehouses, storage units, light manufacturing, and incidental retail and offices uses. Heavy industrial
areas may include processing, manufacturing, warehouses, storage units, and industrial support activities.
In all cases, standards for screening, landscaping, and adequate access would be developed and
implemented.
The proposed development meets the following goals and objectives ofthe Comprehensive Plan:
Chapter VII Goal IV: Encourage compatible uses to minimize conflicts and maximize use of
land.
Objective A: Address conflicts with compatible uses and Impact Areas.
Chapter VII Goal IV Objective A Action 1. Minimize noise, odor, air pollution, and visual
pollution in industrial development adjacent to residential areas.
Chapter VII Goal IV Objective A Action 2. Encourage industrial development to locate adjacent
Yanke Warehouse CUP-OG-OOI
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006
to existing industrial uses.
Chapter VII Goal IV Objective A Action 3. Require industrial uses to conform to disposal, spill
and storage measures as outlined by the EP A.
Chapter VII Goal IV Objective A Action 4. Locate industrial uses where adequate water supply
and water pressure are available for fire protection.
Chapter VII Goal IV Objective A Action 5. Require industrial development to conform to Federal
and State air, water, and noise pollution standards, and local landscaping, traffic, noise, and
environmental standards.
9. ZONING ORDINANCE
Purpose Statement of Zone:
LIGHT INDUSTRIAL DISTRICT (I-L): The purpose of the I-L District is to provide for convenient
employment centers of light manufacturing, research and development, warehousing, and distributing. In
accord with the Meridian Comprehensive Plan, the I-L District is intended to encourage the development
of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are
operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is
a requirement of this District.
Public or quasi-public uses are conditional in an I-L district. The following specific use standards apply:
B.
11-4-3.43: WAREHOUSE:
A. Accessory uses allowed: office not to exceed twenty-five percent (25%) and retail sales not to
exceed ten percent (10%) of the total enclosed area of the use.
Outside activity areas shall be located a minimum of three hundred feet (300') from any property
line adjoining a residence or a residential district
11-4-3.2: ARTS, ENTERTAINMENT OR RECREATION FACILITY, INDOORS AND
OUTDOORS:
A.
General Standards
1. All structures or outdoor recreation areas shall maintain a minimum setback of one hundred
feet (100') from any abutting residential districts. The playing areas of golf courses, including
golftees, fairways, and greens, are an exception to this standard.
2. No outdoor event or activity center shall be located within fifty feet (50') of any property line
and shall operate only between the hours of 6 a.m. and 11 p.m.
3. Accessory uses include, but are not limited to: retail, equipment rental, restaurant and drinking
establishments may be allowed if designed to serve patrons ofthe use only.
4. Outdoor speaker systems shall comply with the Section 11-3A-13 OUTDOOR SPEAKER SYSTEMS
of this Title.
10. ANALYSIS
Yanke Warehouse cUP-06-001
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006
a. Analysis of Facts Leading to Staff Recommendation
CONDITIONAL USE PERMIT ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the Zoning
Ordinance, staff believes that this is a good location for the proposed public use and allowing the
proposed buildings will promote the best interests of the City of Meridian. Please see Exhibit D
for detailed analysis of facts and findings.
Commercial Streets: The proposal is consistent with all other development in on Taylor Street
Landscapin¡z: The proposal is consistent with the UDC for the required landscape buffers to
adjacent uses and local streets.
b. Staff Recommendation: Staff recommends approval ofCUP-06.001 for the Yanke Warehouse
as presented in the staff report for the hearing date of February 16, 2006 based on the Findings of Fact as
listed in Exhibit D and subj ect to the conditions of approval as listed in Exhibit B as attached to this
report. Staff has prepared findings consistent with this recommendation.
11. EXHmITS
A. Drawings
1. CUP Site/Landscape Plan (dated: August 8, 2005)
B. Conditions of Approval
1. Planning Department
2. Fire Department
C. Legal Description
D. Required Findings from Zoning Ordinance
Yanke Warehouse cUP-06-001
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF FEBRUARY 16, 2006
A. Drawings
1. CUP Site Plan (dated: August 8, 2005)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 All conditions of the previously approved certificate of zoning Compliance (CZC-06-00 1) shall
also be considered conditions of the Conditional Use Permit (CUP-06-001) application.
1.2
No signs are approved with this application. All wall and free-standing signs require a separate
permit. All signage shall be in accordance with the standards set forth in Section 11-14 of the City
Zoning and Development Ordinance.
1.3
Provide the building address numbers on the monument facing Taylor Street. Please contact Joe
Silva (888-1234) for further information regarding this condition and the size ofthe
numbering/lettering.
1.4
No building shall be erected, moved, added to or structurally altered, nor shall any building,
structure or land be established or changed in use without a Certificate of Zoning Compliance
(CZC) issued by the Planning Department.
1.5
The landscape plan prepared by Patrick McKeegan Architects., is approved as submitted
1.6
The landscape plan may change based on site plan modifications. If the site plan is not approved
by Meridian Fire Department or SSC as presented, then an amended landscape plan must be
submitted for review.
1.7
The applicant shall comply with the approved Certificate of Zoning Compliance
1.8
Comply with the conditions and comments of all City Departments, and other agencies.
1.9
The applicant shall submit light fixture details and a photometric test report which demonstrates
compliance with UDC 11 ~3A-l1 with the Certificate of Zoning Compliance application for the
campus.
1.10 If construction has not begun within 18 months of City Council approval, a new conditional use
permit must be obtained prior to the start of development.
2. FIRE DEPARTMENT
2.1 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.
2.2
B-1
Final Approval ofthe 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 fmish grade.
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
B-2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006
2.3
1. Fire hydrants shall be provided to meet the requirements of the IFC Section
509.5.
All entrance and internal roads shall have a turning radius of28' inside and 48' outside radius
2.4
Provide a 20~foot wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section D103.6 Signs.
2.5
Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
2.6
Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping.
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.
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.
Maintain a separation of 5' from the building to the dumpster enclosure
Provide a Knoxbox entry system for the complex prior to occupancy.
All aspects of the building systems (including exiting systems), processes & storage practices
shall be required to comply with the International Fire Code.
Provide exterior egress lighting as required by the International Building & Fire Codes.
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
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). here shall be a fire hydrant within 100' of all fire department connections.
There shall be a fITe hydrant within 100' of all Fire Department connections.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16, 2006
C. Legal Description
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Order No.: A0S4S063
WARRANTY DEED
FOR VALtJB RBCBIVIO.
IDAHO TANK&: CULVERT, INc., an Idaho co!pOBl:iao, the Gre.øtor, does
'-"by gnmr. bargak¡ sell BIId conwy UDt:O SJI., LLC, lID. Idtho JimiIetI liability I;OQlpany
whose CUI'ImIt addr- \, 4414 8. OeIœIc:r, Boue, ill 83116, tho 0œItee. tM tbUoWÏDg
deBcribcd ~, ÌA Ada CoUDty. ldaho, TO WIT:
A partiOI), of tho Southwest Qœtter Úl Scelion 12, Tolll1lShlp 3 North, Range 1 West,
Bol. Mcddian, Ada Coumy. Idaho,IIIOJe particularly described as fblIOWII:
CommenciD¡ et the Qu-=- cOrM ' COIllll1Ol1 In Sections 12 and 13, Townsbip 3 N{¡rtb.,
Ræigc 1 West. Boi.. Meridj.q, Ada Cotmty. LWao, said point boiDg II bIlLS, cap 00
FranJdiø. RDad; them:e
North oaoo'J5" West )441.51 '_to II point 011 the South liIle oftbe UrUon PlICitiC
RaIlroad rl¡br-ot.way; thcDce a.IoD,g saldrlgln-of-way
North 89"06'32" West 317.24 feet to tbD REAL POINT OF BEGINNING; thence
South 0"00'35" Bøt 586.43 _t 10 apoíl!t on the North ri&ht-of:.way of Taylor AVcnUf;;
thcnCCllÚ/)lIg Slid rigIrt-of-way
North /19"49'00" West 265.32 feet 10 II poinl of cUl"Yature; th8uee on a. curve to the left
whose central BÐgIodr 5°17':24", wbose radius is 110,00 feet, whose 1IIII¡Im1 is 5.08 feet,
whose length is 10.16 fœllllld whose loogchord bean
South 87"32'19" Wull0JS feci; thence
North 0"0]'00" Woat 590.30 rBOt to 1pQÚ11 011 the South line ofthc Union Pacific
Railroad right-of-way¡ th~ alq uid right-of-way
South 19"06'32" SaIl 27S.57 fed II) !be POINT OF BEGINNING.
c - 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006
D. Required Findings from Zoning Ordinance
CUP Findings:
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
1. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located,
The proposed site plan shows a centrally located warehouse building with parking on two sides.
Staff is supportive of the layout for the proposed drive lanes and proposed traffic flow pattern for
this lot association with the existing Yanke Warehouse building from CZC-05-128. Vehicles
should not interfere with internal traffic flows or traffic flows on the adjacent properties on
Taylor Street.
Parking stalls are required at the ratio of one space per 2,000 square-feet of gross floor area for
office/warehouse (UDC 11-3C-6B). Per this requirement, 12 stalls are required. There are 178
parking stalls provided on this site with designated handicap accessible stalls. This provision
exceeds the City's minimum parking stall ratio. Staff finds that the project should have ample
parking to accommodate the proposed basketball court usage.
All proposed building setbacks and landscaping meet the minimum standards outlined in the
UDC 11-2B, and with associated platting conditions of approval.
Staff finds that the subject property is large enough to accommodate the required yards
(setbacks), open spaces, parking, landscaping and other features required by the ordinance.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
Staff finds that the designated Comprehensive Designation is Industrial. The property is existing
industrial zoning and is consistent with the Comprehensive Plan for office/warehouse/service
uses in an industrial area. The Recreational use would also be consistent with the proposal as all
activities will take place indoors and not be subject to disruption by more intense industrial uses.
3. 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.
Staff is generally supportive of the site plan design. The current parcel has been Meridian City 1-
L for several years and staff supports the use as being compatible in this area with several diverse
uses. Staff believes the applicant has designed to accommodate the mixes of uses as well as
shown compatibility with future industrial uses. StafIbelieves that a recreational use will be
compatible with other uses/buildings in the area. There is a significant amount of landscaping
being proposed along street buffers, and the proposed use is consistent with the approvals for
industrial properties.
D - I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 16,2006
Staff finds that if the applicant complies with the conditions outlined in this report, the general
design, construction, operation, and maintenance should be compatible with other uses in the
general neighborhood and with the existing and intended character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
Staff frods that if the applicant complies with the conditions outlined in this report, the proposed
warehouse/recreational use will not adversely affect other property in the area. The Commission
and Council should rely upon any public testimony provided to determine if the development will
adversely affect the other property in the vicinity.
5. 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, and sewer.
Sanitary sewer and water are currently being extended to the site through the extension of Taylor
Street. All public facilities were planned under CZC-05-128
The Ada County Highway District staff previously acted on the CZC applications and has
allowed one access point to Taylor Street for the project. The Commission and Council should
reference any written and/or verbal testimony subllÚtted by any public service provider, regarding
their ability to adequately service this project.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the applicant will be financing any improvements required for development. Staff
finds there will not be excessive additional requirements at public cost and that the proposed
zoning and subsequent development will not be detrimental to the community's economic
welfare.
7. 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.
Staff recognizes that traffic and noise will increase with the approval of an
entertainmentlrecreational use in this location; however, staff does not believe that the amount
generated will be detrimental to the general welfare ofthe public. Staff does not anticipate the
proposed use will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the
proposed use will not be detrimental to people, property or the general welfare of the area.
8. 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.
Staff finds that there should not be any other health, safety or environmental problems associated
with this proposal that should be brought to the ComllÚssion's attention. ACHD considers road
safety issues in their analysis. No hazardous features were identified on this site.
D - 2
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of the Yanke Warehouse request for an Arts, Entertainment, or Recreational
Indoor use at 724 Taylor Street.
Case No(s). CUP-O6-001
For the Planning & Zoning Commission Hearing Date of: February 16,2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 16, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 16, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
February 16, 2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of February 16, 2006 incorporated by reference)
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.e. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 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 §
II-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-001 - PAGE 1 of4
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 Commission Chair and City Clerk and then a copy served
by the Clerk upon the applicant, the Planning Department, the Public Works
Department and any affected party requesting notice.
7. That this approval is subject to the Legal Description, Site Plan, and the Conditions of
Approval all in the attached Staff Report for the hearing date of February 16, 2006
incorporated by reference. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval ofthe application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code § II-SA 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 as evidenced by having submitted the Site Plan dated
August 8, 2005 is/are hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of February 16,2006 incorporated by reference.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Pennit Duration
Please take notice that the conditional use pennit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as pennitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building pennits and commence construction of pennanent footings or
structures on or in the ground. For conditions use pennits that also require 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 (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the tennination of the
period in accord with II-SB-6.G.1, the Director may authorize a single extension ofthe
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as detennined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), CUP-O6-001 - PAGE 2 of4
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E.
Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to 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 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.
Attached: Staff Report for the hearing date of February 16, 2006
F.
By action of the Planning & Zoning Commission at its regular meeting held on the
day of , 2006.
COMMISSIONER MICHAEL ROHM
VOTED
COMMISSIONER DAVID MOE
VOTED
COMMISSIONER WENDY NEWTON-HUCKABAY
VOTED
COMMISSIONER KEITH BORUP
VOTED
COMMISSIONER DA VID ZAREMBA
(CHAIR)
VOTED
CHAIRMAN DAVID ZAREMBA
Attest:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-001 -PAGE 3 of4
Tara Green, Deputy City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
By:
City Clerk
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). ClJP.06-001 - PAGE 4 of4