HomeMy WebLinkAboutFalash & Ross Const CUP 02-017
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 08/06/02
IN THE MATTER OF THE )
REQLEST FOR CONDITIONAL )
USE PERMIT FOR )
CONSTRUCTION OF AN )
OFFICE/W AREHOUSE BUILDING )
IN AN I-L ZONE, LOCATED AT )
LOT 10 BLOCK 2, STONEBRlDGE )
BUSINESS PARK (MEDIMONT )
SUBDIVISION) AT THE )
NORTHWEST CORNER OF E. )
FRANKLIN ROAD AND S. LOCUST )
GROVE ROAD, MERIDIAN, )
IDAHO )
)
FALASH & ROSS )
CONSTRUCTION, INC., )
)
APPLICANT )
)
Case No. CUP-02-017
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the
City Council on August 6,2002 at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Brad Hawkins-Clark of the Planning and Zoning Department, Brad
Watson of the Public Works Department, Michael Falash, and Bernie Robertson, 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 AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1
FINDINGS OF FACT
I. A notice of a public hearing on the conditional use permit was published for two
(2) consecutive weeks prior to the said public hearing scheduled for August 6, 2002, before the
City Council, the first publication appearing and written notice having been mailed to property
owners or purchasers ofrecord within three hundred feet (300') of the external boundaries of the
property under consideration more than fifteen (15) days prior to said hearing and with the notice
of public hearing having been posted upon the property under consideration more than one week
before said hearing and the copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly considered
by the City Council at the August 6, 2002, public hearings; and the applicant, affected property
owners, and government subdivisions providing services within the planning jurisdiction of the
City of Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice aud hearing requirements set forth in
Idaho Code 967-6509, 6512, and Meridian City Code 9911-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. This proposed development request is in an I-L zone aud by reason ofthe
provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located at Lot 10 Block 2, Stone bridge Business Park (Medimont
Subdivision) at the northwest corner ofE. Franklin Road and S. Locust Grove Road, Meridiau,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2
Idaho.
5. The owner of record of the subject property is Falash & Ross Construction, Inc.,
149 S. Adkins Ste. 101, Meridian, Idaho.
6. Applicant is owner of record.
7. The subject property is currently zoned I-L. The zoning district ofI-L is defined
within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for construction of a
multi-tenant flex space (office/warehouse). The I-L zoning designation within the City of
Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for
most uses including those requested by the Applicant. (Meridian City Zoning and Development
Ordinance, Section 11-8-1).
9. The Meridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The City Council recognizes the concerns ofMr. Jim Witherell expressed in his
letters dated July 3, 2002 and August 3, 2002.
12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning
maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance
establishing: the Impact Area Boundary.
13. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3
services required by the proposed development will not impose expense upon the public if the
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction of
the City ofMeridiau, subject to the following:
The Planning and Zoning Commission requires:
1.1 The Applicant shall be required to provide adequate dust abatement during any
construction pursuaut to this Conditional Use Permit.
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
1.2 All parking and areas of circulation shall be improved with a hard surface in
accordance with Meridiau City Code 11-13-4.D.
1.3 Submit a detailed landscape plan when applying for Certificate of Zoning
compliance.
1.4 Hours of operation shall be limited to 6:00am-1 0:00pm, in accordance with the
Development Agreement.
1.5 Water service to this lot is inaccurately depicted on the site plan.
1.6 Relocate dumpster to southerly side of property to lessen impact of noise on
adjacent residential property.
1.7 Ensure tenants shall include industrial uses, as utilization of the building for only
office uses is prohibited in the I-L zone. Staff shall monitor these uses.
1.8 Down-shield or otherwise alter all exterior lighting, whether attached to the
building or located within the parking lot, so that the light does not spill over onto
adjacent properties or rights-of-way. All parking lot lighting shall be in
accordance with Ordinance ll-13-4C.
1.9 Provide signage in accordance with the standards set forth in Section 11-14 of the
City Zoning and Development Ordinauce. All signage is subject to design review
and shall require separate permits. Temporary or portable signs shall be
prohibited, aud shall be removed upon three (3) days notice to the Applicant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4
1.10 Building and site improvement construction shall conform to the requirements of
the Americans with Disabilities Act.
1.11 Submit a drainage plan designed by a State ofIdaho licensed architect or engineer
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 piau approval. The applicaut is responsible for
filing all necessary applications with the Idaho Department of Water Resources
regarding Shallow Injection Wells.
1.12 Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid
wall or sight-obscuring fence at least four (4) feet in height in accordance with
Ordinauce 11-12-IC. Coordinate location and construction requirements with
Sanitary Services, Inc.
1.13 Certificate of Occupancy: All required improvements shall 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
shall accompany any request for temporary occupaucy. Any temporary occupancy
shall not exceed 60 days to complete the required improvements.
1.14 A Certificate of Zoning Compliance and a building permit shall be obtained prior
to the start of construction.
1.15 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 Permit
shall be obtained prior to the start of development.
Adopt the Recommendations of the Meridian Fire Department as follows:
1.16 Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A.
Please show all proximity hydrants within 500' of the project on the resubmitted
plat.
1.17 All entrances aud internal roads shall have corners with a minimum of a 28'
inside radius and 48' outside radius.
1.18 The proposed buildings and uses shall comply with the 1997 Uniform Fire Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5
1.19 Acceptance of water supply for fire protection is contingent upon acceptance of
the water system by the City of Meridiau for water quality.
1.20 Final approval of fire hydrant locations shall be by the Fire Department.
1.21 The roadways shall be built to Ada County Highway Standards aud shall have a
clear driving surface, which is 20' wide. Any building more than 30' in height
shall have a 26' wide access road to provide for aerial truck operations.
1.22 All building uses aud occupancies will have to meet the separation requirements
ofthe Uniform Building Code.
Adopt the Recommendation of the Central District Health Department as follows:
1.23 It is recommended that storm water be pre-treated through a grassy swale prior to
discharge to the subsurface to prevent impact to ground water and surface water
quality. The engineers and architects involved with the design of this project
should obtain current best management practices for storm water disposal and
design a storm water management system that is preventing groundwater and
surface water degradation.
Adopt the Recommendation of the Sanitary Service as follows:
1.24 This facility will generate approximately 1 Yz to 2 cubic yards of waste per day.
Enclosure location and access is good. Please provide 10' minimum inside of the
gate posts.
14. It is found that the site is large enough to accommodate the required parking,
landscaping, yards and other features required by the Zoning Ordinance.
15. The current Comprehensive Plan Land Use Map designates the property as Mixed
Planned Use Development. It is found that the development plan and proposed uses to be in
compliance with the Meridian Zoning Ordinance and the current Comprehensive Plan.
16. It is found that the proposed office/warehouse uses will be compatible with other
uses in the general neighborhood and with the intended character of the general vicinity, which is
an industrial business park.
17. It is not anticipated that the proposed uses will have an adverse affect on the other
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6
property in the vicinity if designed, constructed, operated aud maintained in accordauce with the
terms ofthe development agreement and all city ordinances.
18. It is found that the proposed development will be adequately served by the
essential public facilities and services listed above.
19. It is found that the proposed use would not create additional requirements at
public cost for public facilities and service and will not be detrimental to the economic welfare
of the community.
20. It is not anticipated that the proposed use will be detrimental to the general
welfare of the community by means of increased traffic, noise, smoke fumes, glare or odors
generated by the uses. Relocation of the proposed dumpster to the northerly side of the property
and limiting street sweeping activities will alleviate some noise problems that may occur.
21. It is found that the proposed use will not create significant interference with any
traffic on the surrounding public streets.
22. It is found that no natural or scenic feature will be lost, damaged or destroyed by
issuance of this conditional use.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (LC. 967-6503).
2. The Meridiau City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning aud
Zoning Commission by ordinauce pursuant to Idaho Code Section 67-6504 which the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7
Council of the City of Meridian has established by the passage of the "City of Meridian Zoning
and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special aud/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions ofthe ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code 9 11-17-3)
a. That the site is large enough to accommodate the proposed use aud all yards,
open spaces, parking, landscaping and other features as may be required by this Ordinance;
b. That the proposed use and development piau will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance;
c. That the design, construction, operation and maintenance will be compatible
with other uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of the same
area;
d. That the proposed use, ifit complies with all conditions ofthe approval imposed,
will not adversely affect other property in the vicinity;
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately auy such services;
f. That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfare of the community;
g. That the proposed use will not involve activities or processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property or the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
i. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
5. Prior to grauting a conditional use permit in the Light Industrial District (I-L), a
public hearing shall be conducted with notice to be published andprovided to property owners or
purchasers of record within three hundred feet (300') of the external boundaries of the land
under consideration for the conditional use permit all in accordauce with the provisions of
Meridian City Code 9 11-17-5 City ofMeridiau Zoning aud Development Ordinance, which
provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public he"ring
which shall be held before the Planning aud Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordauce with Meridian Comprehensive Plan,
City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code
9 11-17-6)
7. When the City Council approves a conditional use permit it may impose
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this Ordinance.
8. The City of Meridian has, by ordinauce, established the Impact Area and the
Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629,
January 4, 1994 and Maps.
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:
1. That the above named applicant is granted a conditional use permit for
construction of a multi-tenaut flex space (office/warehouse) in an I-L zone located at Lot 10
Block 2, Stonebridge Business Park (Medimont Subdivision) at the northwest corner of E.
Franklin Road and S. Locust Grove Road, Meridiau, Idaho, subject to the following conditions of
use and development, subject to the following:
The Planning and Zoning Commission requires:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10
1.1 The Applicant shall be required to provide adequate dust abatement during auy
construction pursuant to this Conditional Use Permit.
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
1.2 All parking and areas of circulation shall be improved with a hard surface in
accordance with Meridian City Code 11-13-4.D.
1.3 Submit a detailed landscape plan when applying for Certificate of Zoning
compliance.
1.4 Hours of operation shall be limited to 6:00am-1 0:00pm, in accordance with the
Development Agreement.
1.5 Water service to this lot is inaccurately depicted on the site plan.
1.6 Relocate dumpster to southerly side of property to lessen impact of noise on
adjacent residential property.
1. 7 Ensure tenants shall include industrial uses, as utilization of the building for only
office uses is prohibited in the I-L zone. Staff shall monitor these uses.
1.8 Down-shield or otherwise alter all exterior lighting, whether attached to the
building or located within the parking lot, so that the light does not spill over onto
adjacent properties or rights-of-way. All parking lot lighting shall be in
accordance with Ordinance 11-13-4C.
1.9 Provide signage in accordance with the standards set forth in Section 11-14 of the
City Zoning and Development Ordinauce. All signage is subject to design review
and shall require separate permits. Temporary or portable signs shall be prohibited,
aud shall be removed upon three (3) days notice to the Applicant.
1.10 Building and site improvement construction shall conform to the requirements of
the Americans with Disabilities Act.
1.11 Submit a drainage plan designed by a State of Idaho licensed architect or engineer
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
Mauagement 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11
1.12 Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid
wall or sight-obscuring fence at least four (4) feet in height in accordance with
Ordinance 11-12-IC. Coordinate location and construction requirements with
Sanitary Services, Inc.
1.13 Certificate of Occupancy: All required improvements shall 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 shall
accompany any request for temporary occupaucy. Any temporary occupancy shall
not exceed 60 days to complete the required improvements.
1.14 A Certificate of Zoning Compliance and a building permit shall be obtained prior
to the start of construction.
1.15 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 Permit
shall be obtained prior to the start of development.
Adopt the Recommendations of the Meridian Fire Department as follows:
1.16 Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A.
Please show all proximity hydrauts within 500' of the project on the resubmitted
plat.
1.17 All entrauces and internal roads shall have corners with a minimum of a 28' inside
radius and 48' outside radius.
1.18 The proposed buildings and uses shall comply with the 1997 Uniform Fire Code.
1.19 Acceptance of water supply for fire protection is contingent upon acceptance of the
water system by the City of Meridian for water quality.
1.20 Final approval of fire hydraut locations shall be by the Fire Department.
1.21 The roadways shall be built to Ada County Highway Standards and shall have a
clear driving surface, which is 20' wide. Any building more than 30' in height
shall have a 26' wide access road to provide for aerial truck operations.
1.22 All building uses aud occupancies will have to meet the separation requirements of
the Uniform Building Code.
Adopt the Recommendation of the Central District Health Department as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12
1.23 It is recommended that storm water be pre-treated through a grassy swale prior to
discharge to the subsurface to prevent impact to ground water and surface water
quality. The engineers aud architects involved with the design of this project
should obtain current best management practices for storm water disposal aud
design a storm water management system that is preventing groundwater and
surface water degradation.
Adopt the Recommendation of the Sanitary Service as follows:
1.24 This facility will generate approximately 1 Yz to 2 cubic yards of waste per day.
Enclosure location and access is good. Please provide 10' minimum inside of the
gate posts.
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
9 11-17-9.
3. The above conditions are concluded to be reasonable aud the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
m accordance with this Decision, which shall be signed by the Mayor aud City Clerk and then a
copy served by the Clerk upon the applicaut, the Planning and Zoning Department, the Public
Works Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian,
pursuant to Idaho Code 9 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13
By action of the City Council at its regular meeting held on the
~t,2002.
ROLL CALL:
20-16
- day of
COUNCILMAN WILLIAM L.M. NARY
VOTED $a..---
VOTED $t'L--
VOTED~
VOTED F
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Me CANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: fl-2/) -tJ 2-
-
MOTION: ~
APPROVE: p
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By:J!~.P~~
City Clerk
Dated:
\\\\llItllIlJl1/
\\\\ f luf.::::-,,"I/
"" """ 0 ....'.-/'1/.1'1.(//1/
" O~ "Y-f. "
$" c;of\PDR.1).. ~~..;.
.... ~ fA'" ...
.:::" ....0 ~
g/ZJ~02J. o'"'AL ~
~b
- --(;: & g
::. ~ 0-. ,Q),.o ~
~.... OA't '-<3/1S1. ~-.S
~...,...., .<\.'t'- .:$'
..............: Oo{Jarr'-' \V ,,~
IJII 1"tJ.. , I \\\'
JIIIIIH11'U\'\\\
Z:\Work\M\Meridian\Meridian 1 5360M\Falash Ross Construction CUP02-016 CUP02-017\F'tl:lsCUP02~OI7.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR )
CONSTRUCTION OF AN )
OFFICE/WAREHOUSE BUILDING )
IN AN I-L ZONE, LOCATED AT )
LOT 10 BLOCK 2, STONEBRlDGE )
BUSINESS PARK (MEDIMONT )
SUBDIVISION) AT THE )
NORTHWEST CORNER OF E. )
FRANKLIN ROAD AND S. LOCUST )
GROVE ROAD, MERIDIAN, )
IDAHO )
)
FALASH & ROSS )
CONSTRUCTION,INC. ) .
)
APPLICANT )
)
C/C 08/06/02
Case No. CUP-02-017
ORDER GRANTING
CONDITIONAL USE PERMIT
I. This matter coming before the City Council on the August 6, 2002, under the
provisions of Meridian City Code 9 11-17-4 for final action on conditional use permit
application and the Council having received and approving the Recommendation of the Planning
and Zoning Commission the Council takes the following action:
2. That the above named applicant is granted a conditional use permit to in an I-L
zone located at Lot 10 Block 2, Stonebridge Business Park (Medimont Subdivision) at the
northwest corner ofE. Franklin Road and S. Locust Grove Road, Meridian, Idaho, subject to the
following conditions of use and development:
ORDER CONDmONAL USE PERMIT
(CUP-02-017)
- 1
The Planning and Zoning Commission requires:
1.1 The Applicant shall be required to provide adequate dust abatement during auy
construction pursuant to this Conditional Use Permit.
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
1.2 All parking and areas of circulation shall be improved with a hard surface in
accordance with Meridian City Code 11-13-4.D.
1.3 Submit a detailed landscape plan when applying for Certificate of Zoning
compliance.
1.4 Hours of operation shall be limited to 6:00am-l 0:00pm, in accordance with the
Development Agreement.
1.5 Water service to this lot is inaccurately depicted on the site plan.
1.6 Relocate dumpster to southerly side of property to lessen impact of noise on
adjacent residential property.
1. 7 Ensure tenants shall include industrial uses, as utilization of the building for only
office uses is prohibited in the I-L zone. Staff shall monitor these uses.
1.8 Down-shield or otherwise alter all exterior lighting, whether attached to the
building or located within the parking lot, so that the light does not spill over onto
adjacent properties or rights-of-way. All parking lot lighting shall be in
accordance with Ordinance 11-13-4C.
1.9 Provide signage in accordance with the staudards set forth in Section 11-14 of the
City Zoning and Development Ordinance. All signage is subject to design review
and shall require separate permits. Temporary or portable signs shall be
prohibited, aud shall be removed upon three (3) days notice to the Applicant.
1.10 Building and site improvement construction shall conform to the requirements of
the Americans with Disabilities Act.
1.11 Submit a drainage plan designed by a State ofIdaho licensed architect or engineer
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
Mauagement Practices for Idaho Cities and Counties and City of Meridiau
standards and policies. Off-site disposal into surface water is prohibited unless the
ORDER CONDITIONAL USE PERMIT
(CUP-02-017)
-2
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.
1.12 Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid
wall or sight-obscuring fence at least four (4) feet in height in accordance with
Ordinance l1-12-IC. Coordinate location and construction requirements with
Sanitary Services, Inc.
1.13 Certificate of Occupancy: All required improvements shall 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
shall accompany any request for temporary occupancy. Any temporary occupancy
shall not exceed 60 days to complete the required improvements.
1.14 A Certificate of Zoning Compliance and a building permit shall be obtained prior
to the start of construction.
1.15 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 Permit
shall be obtained prior to the start of development.
Adopt the Recommendations of the Meridian Fire Department as follows:
1.16 Provide a fire-flow as required by the 1997 Uniform Fire Code Appendix III-A.
Please show all proximity hydrants within 500' of the project on the resubmitted
plat.
1.17 All entrances and internal roads shall have corners with a minimum of a 28'
inside radius and 48' outside radius.
1.18 The proposed buildings aud uses shall comply with the 1997 Uniform Fire Code.
1.19 Acceptance of water supply for fire protection is contingent upon acceptauce of
the water system by the City of Meridian for water quality.
1.20 Final approval of fire hydrant locations shall be by the Fire Department.
ORDER CONDITIONAL USE PERMIT
(CUP-02-017)
-3
1.21 The roadways shall be built to Ada County Highway Standards and shall have a
clear driving surface, which is 20' wide. Any building more than 30' in height
shall have a 26' wide access road to provide for aerial truck operations.
1.22 All building uses aud occupaucies will have to meet the separation requirements
of the Uniform Building Code.
Adopt the Recommendation of the Central District Health Department as follows:
1.23 It is recommended that storm water be pre-treated through a grassy swale prior to
discharge to the subsurface to prevent impact to ground water and surface water
quality. The engineers aud architects involved with the design of this project
should obtain current best mauagement practices for storm water disposal and
design a storm water management system that is preventing groundwater and
surface water degradation.
Adopt the Recommendation of the Sanitary Service as follows:
1.24 This facility will generate approximately 1 \I, to 2 cubic yards of waste per day.
Enclosure location and access is good. Please provide 10' minimum inside of the
gate posts.
3. The above conditions are concluded to be reasonable aud the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of Meridian City Code 911-17-8, a copy of which is attached to
this permit.
By action of the City Council at its regular meeting held on the
2o~
day of
~.rt"
,2002.
ORDER CONDITIONAL USE PERMIT
(CUP-02-017)
-4
By:cII~kJ~~
City Clerk
Copy served upon Applicant, the Plauning and Zoning Department, Public Works Department
and City Attorney. ",\1,\\1\1"",)"
...",\'\\~ Of MeR,,;-,I'..............
,,~~, .~.... "
$"' V' ...rP'f\~h --'..z,"'~
Dated: $-23 -tl2- f ~ ~o \
!'J ;:
-::c 1': 7~ ,cf 0 ;:
~ () -l)"r 1!::;1 . ~.f
'~ "'1 ,.., ,0~ ""
v,, ....OUNT'l \V. ",
~././II . \',"~'\'\
JttUIHHH'\\\'
Z:\Wurk\M\Meridian\Meridian J5360M\FaJash Ross Construction CUP02-016 CUP02-017\OrderCUP02.017.doc
ORDER CONDITIONAL USE PERMIT
(CUP-02-017)
-5