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HomeMy WebLinkAboutBig D. Builders CUP-00-057BEFORE THE MERIDIAN CITY COUNCIL C/C 03-06-01 IN THE MATTER OF THE APPLICATION OF ) BIG D. BUILDERS, OWNERS AND TREASURE) VALLEY ENGINEERS, APPLICANT, FOR A ) CONDITIONAL USE PERMIT FOR AN OFFICE) WAREHOUSE IN A KNOWN FLOOD PLAIN ) IN THE I-L ZONE LOCATED AT 299 N. ) BALTIC PLACE, MERIDIAN, IDAHO ) ) ) ,) CASE NO. CUP-00-057 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 20m day of February, 2001, and tabled until March 6, 2001, under the provisions of Meridian City Code § 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: 1. That the Applicant of the property is granted a conditional use permit for an office/warehouse in a known flood plain in the I-L zone, the proposed application request of a conditional use permit for the construction, development, maintenance and use for an office/warehouse, as described in the "SITE LAYOUT FOR BIG "D' BUILDERS, MERIDIAN BUSINESS PARI(, TTLE: NEW SITE FOR BIG "D" BUILDERS, NO. A, BY: ALS, DATE: 12/01/00, REV. A, DESIGNED BY: ALS, DRAWN BY: JTL, CHEDKED BY: ALS, SHEET C1 OF 3, DRAWING 4* 1274-00, BY: TREASURE VALLEY ENGINEERS, BIG "D" BUILDERS, Developer, for the development of the aforementioned ware/house and which property description is on file in the City Clerk's office. 2. That the above named applicant is granted a conditional use permit for an office/warehouse, located at 299 N. Baltic Place, Meridian, Idaho Meridian, Idaho, subject to the following conditions of use and development: ORDER GRANTING CONDITIONAL USE PERMIT BIG D. BUILDES-OWNERS / TREASURE VALLEY ENGINEERS-APPLICANT, OFFICE/WAREHOUSE ORDERCUP057 PAGE i OF 7 Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 2.1 The sewer and water systems shall be floodproofed and approved by the Idaho Department of Water Resources and Federal Emergency Management Agency as per Idaho Code §§ 46-1022 and 46-1023. An engineer shall certify that the floodproofing requirement has been fulfilled as per Ordinance 11-11-3.A.3. 2.2 Ordinance 1 i-11-3.A.2 requires that no structure shall be erected unless the main floor is placed a minimum of I foot above the elevation of the 100-year floodplain. The elevation of the floodplain on-site is 2611 ft. No finished floor elevation is shown on the submitted plans. The applicant shall verify that the floor elevation of the structure meets this requirement. 2.3 Materials that are buoyant, flammable, noxious, toxic or otherwise potentially injurious if transported by floodwaters are prohibited as per Ordinance 11-11-5. Storage of any materials or equipment not having these characteristics is permissible only if they have low dan~age potential and are anchored or are readily removable from the area. 2.4 Conditions that may be required by the Commission [and Council] per Ordinance 11-11-4 in approving structures in a Floodplain Overlay Zone through the Conditional Use Process include: Limitations on periods of use and operation; Imposition of deed restrictions; Location and arrangement of structures within the floodway and floodway fringe areas to avoid an increase in flood heights during the recurrence of the 100-year flood discharge; Requirement for construction of channel modifications, dikes, levees and other protective measures; Placement of survey benchmarks; and Additional floodproofing measures. ORDER GRANTING CONDITIONAL USE PERMIT BIG D. BUILDES-OWNERS / TREASURE VALLEY ENGINEERS-APPLICANT, OFFICE/WAREHOUSE ORDERCUP057 PAGE 2 OF 7 2.5 According to Ordinance 11-11-6, the evaluation of the effect of the proposed use causing an increase in flood heights is based not just on the effect of the single use acting alone, but upon the reasonable assumption that other landowners within the floodplain may need to be allowed to develop to an equivalent extent within the floodplain. Therefore, the accumulative effects of all such encroachments shall be considered by the Commission (and Council) in malting any decision. Allowing additional development shall increase the floodplain elevation in the area, but not more than the required 1-foot safety margin. No portion of the proposed development is within the floodway. 2.6 All signage is subject to design review and requires separate permits. No freestanding signs are proposed with this application. If any are proposed in the future, it shall conform to the new Sign Ordinance, as recommended for approval by the Meridian City Council on November 21. This allows for a single freestanding sign not to exceed 70 square feet and 15 feet high, maximum. 2.7 Dimensions of all parldng stalls shall conform to minimum dimensions as per city ordinance and ADA. City ordinance requires 9 X 19 standard stalls and 25-foot-wide minimum driveways. ADA requires the van-accessible handicap-accessible stall to have a striped aisle separate from the stall (typically an 8-foot stall and an 8-foot aisle). The handicap parldng space shall have van-accessible signage per ADA standards. 2.8 All required improvements must be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy shall 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 (induding paving, striping, landscaping, and irrigation). A bid shall accompany any request for Temporary Occupancy~ 2.9 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 2.10 In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation shall be provided to all landscape areas on site. Applicant shall be required to utilize any existing surface or well water ORDER GRANTING CONDITIONAL USE PERMIT BIG D. BUILDES-OWNERS / TREASURE VALLEY ENGINEERS-APPLICANT, OFFICE/WAREHOUSE ORDERCUP057 PAGE 3 OF 7 2.11 2.12 2.13 2.14 for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. Applicant shall submit irrigation performance specifications in compliance with Ordinance 12-13-8-2 when applying for a Certificate of Zoning Compliance. Off-street parring shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in above site-specific requirements. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Developrnent Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer per City Ordinance I 1-13-4.B.4 for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 2.15 2.16 2.17 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells shall be used for non-domestic purposes such as landscape irrigation. All irrigation ditches, laterals or canals, exclusive of natural ~vaterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. All construction shall conform to the requirements of the Landscape Ordinance 12-13. ORDER GRANTING CONDITIONAL USE PERMIT BIG D. BUILDES-OWNERS / TREASURE VALLEY ENGINEERS-APPLICANT , OFFICE/WAREHOUSE ORDERCUP057 PAGE 4 OF 7 2. I8 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department when applying for a Certificate of Zoning Compliance. 2.19 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 2.20 Ail signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 2.21 Ail construction shall conform to the requirements of the Americans with Disabilities Act. The Planning and Zoning Commission further recommends: 2.22 The applicant shall provide a landscape plan that includes landscaping on the south wall from the west end of the sidewalk to the east comer of the building. 2.23 The applicant is not required to landscape on the east boundary of the lot. 2.24 Landscaping on the north side shall commence at the west end and extend all the way across the north property line, except within 5 feet of the building which will consist of a sidewalk. Adopt the Recommendations of the Central District Health Department as follows: 2.25 Run-off is not to create a mosquito breeding problem. 2.26 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; or The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents ORDER GRANTING CONDITIONAL USE PERMIT BIG D. BUILDES-OWNERS / TREASURE VALLEY ENGINEERS-APPLICANT, OFFICE/WAREHOUSE ORDERCUP057 PAGE 5 OF 7 groundwater and surface water degradation. In the event a practice other than a grassy swale is used, Applicant shall submit detailed plans and a complete Operations And Maintenance Manual to the Director of Public Works for review and approval. Adopt the Recommendations of the Ada County Highway District as follows: 2.27 The proposed northern driveway shall be relocated approximately 52- feet to the south to align with East Irdng Street. 2.28 The southern driveway shall be as proposed on the site plan. 2.29 The driveways shall be paved their full-required with to a point 30-feet beyond the edge of pavement of Baltic Place. 2.30 If the new improvements are damaged during construction, the application shall be responsible for replacing the damaged curb, gutter and/or sidewalk on Baltic Street with new curb, gutter and/or sidewalk to match existing improvements. 2.31 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 3. The above conditions are conduded to be reasonable and 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 § I 1-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the ~9 ~ day of /47_ ,2oo . R6bert D. Corrie, Mayor City of Meridian ORDER GRANTING CONDITIONAL USE PERMIT BIG D. BUILDES-OWNERS / TREASURE VALLEY ENGINEERS-APPLICANT, OFFICE/WAREHOUSE ORDERCUP057 PAGE 6 OF 7 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Dated: Clerk ORDER GRANTING CONDITIONAL USE PERMIT BIG D. BUILDES-OWNERS / TREASURE VALLEY ENGINEERS-APPLICANT, OFFICE/WAREHOUSE ORDERCUP057 PAGE 7 OF 7 BEFORE THE MERIDIAN CITY COUNCIL C/C 03-06-01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR AN OFFICE/ WAREHOUSE IN A IGNOWN FLOOD PLAIN IN THE I-L ZONE LOCATED AT 299 N. BALTIC PLACE, MERIDIAN, IDAHO BIG D BUILDERS, OWNERS. TREASURE VALLEY ENGINEERS, APPLICANT. CASE NO. CUP-00-057 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 February 20, 2001, and tabled until March 6, 2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shaft Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the Applicant was Dennis Durant, and no one appeared in opposition, 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 conduct'ed 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 Big D. Builders - Owners Treasure Valley Builders - Applicant Office/Warehouse In Flood Plain - TreasureValEngCUP057 FF. doc Page 1 of 19 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 February 20, 2001, and tabled until March 6, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record 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 February 20, 2001, and tabled tmtil March 6, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the platming 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 and heating 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. 3. This proposed development request is in an I-L zone, by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 299 N. Baltic Place, Meridian, Idaho. 5. The owner of record of the subject property is Big D. Builders, Inc. of Nampa, Idaho. 6. Applicant is Treasure Valley Engineers, Inc., of Nampa, Idaho. 7. The subject property is currently zoned I-L. The zoning district of I-L is Big D. Builders - Owners Treasure Valley Builders - Applicant Office/Warehouse In Flood Plain - Page 2 of 18 7. The subject property is currently zoned I-L. The zoning district of I-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 an office- warehouse in a known flood plain. 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 subiect application will in fact, constitute a conditional use as determined by City Ordinance. 11. 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. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian plamxing jurisdiction public facilities and 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 subiect real property within the planning jurisdiction of the City of Meridian: Big D. Builders - Owners Treasure Valle)/Builders - Applicant Office/Warehouse In Flood Plain - TreasureValEngCUP057 FF. doc Page 3 of 19 Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 12.1 The sewer and water systems shall be floodproofed m'td approved by the Idaho Department of Water Resources and Federal Emergency Management Agency as per Idaho Code §§ 46-1022 and 46-1023. An engineer shall certify that the floodproofing requirement has been fulfilled as per Ordinance 11-11-3dk. 3. 12.2 Ordinance 11-11-3.A. 2 requires that no structure shall be erected unless the main floor is placed a minimum of 1 foot above the elevation of the 100-year floodplain. The elevation of the floodplain on-site is 2611 ft. No finished floor elevation is shown on the submitted plans. The applicant shall verify that the floor elevation of the structure meets this requirement. 12.3 Materials that are buoyant, flammable, noxious, toxic or otherwise potentially injurious if transported by floodwaters are prohibited as per Ordinance 11-11-5. Storage of any materials or equipment not having these characteristics is permissible only if they have low damage potential and are anchored or are readily removable from the area. 12.4 Conditions that may be required by the Commission [and Council] per Ordinance 11-11-4 in approving structures in a Floodplain Overlay Zone through the Conditional Use Process include: Limitations on periods of use and operation; Imposition of deed restrictions; Location and arrangement of structures within the floodway and floodway fringe areas to avoid an increase in flood heights during the recurrence of the 100-year flood discharge; Requirement for construction of channel modifications, dikes, levees and other protective measures; Placement of survey benchmarks; and Additional floodproofing measures. 12.5 According to Ordinance 11-11-6, the evaluation of the effect of the proposed use causing an increase in flood heights is based not just on the effect of the single use acting alone, but upon the reasonable assumption that other landowners within the floodplain may need to be Big D. Builders - Owners Treasure Valley Builders - Applicant Office/Warehouse In Flood Plain - TreasureValEngCUP057 FF. doc Page 4 of 19 allowed to develop to an equivalent extent within the floodplain. Therefore, the accumulative effects of all such encroachments shall be considered by the Commission (and Council) in making any decision. Allowing additional development shall increase the floodplain elevation in the area, but not more than the required 1-foot safety margin. No portion of the proposed development is within the floodway. 12.6 All signage is subject to design review and requires separate permits. No freestanding signs are proposed with this application. If any are proposed in the future, it shall conform to the new Sign Ordinance, as recommended for approval by the Meridian City Council on November 21. This allows for a single freestanding sign not to exceed 70 square feet and 15 feet high, maximum. 12.7 Dimensions of all parking stalls shall conform to minimum dimensions as per city ordinance and ADA. City ordinance requires 9 X 19 standard stalls and 25-foot-wide minimum driveways. ADA requires the van-accessible handicap-accessible stall to have a striped aisle separate from the stall (typically an 8-foot stall and an 8-foot aisle). The handicap parking space shall have van-accessible signage per ADA standards. 12.8 All required improvements must be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy shall 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. 12.9 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 12.10 In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation shall be provided to all landscape areas on site. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. Applicant shall submit irrigation performance Big D. Builders - Owners Treasure Valley Builders - Applicant Office/Warehouse In Flood Plain - TreasureValEngCUP057FF.doc Page 5 of 19 specifications in compliance with Ordinance 12-13-8-2 when applying for a Certificate of Zoning Compliance. 12.11 Off-street parldng shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in above site-specific requirements. 12.12 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) reqnirements. 12.13 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer per City Ordinance 11-13-4.B.4 for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. 12. I4 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 12.15 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells shall be used for non-domestic purposes such as landscape irrigation. 12.16 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 12.17 All construction shall conform to the requirements of the Landscape Ordinance 12-13. 12.18 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval Big D. Builders,- Owners Treasure Valley Builders - Applicant Office/Warehouse In Flood Plain - TreasureValEngCUP057FF.doc P~e6ofl9 I2.19 from SSC to the Planning & Zoning Department when applying for a Certificate of Zoning Compliance. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 12.20 12.21 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. Ail construction shall conform to the requirements of the Americans with Disabilities Act. The Planning and Zoning Commission further recommends: 12.22 The applicant shall provide a landscape plan that includes landscaping on the south wall from the west end of the sidewalk to the east coruer of the building. 12.23 The applicant is not required to landscape on the east boundary of the lot. 12.24 Landscaping on the north side shall commence at the west end and extend all the way across the north property line, except within 5 feet of the building which will consist of a sidewalk. Adopt the Recommendations of the Central District Health Department as follows: 12.25 Run-off is not to create a mosquito breeding problem. 12.26 Stormwater shall be pretreated through a g~assy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; or The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. In the event a practice other than a grassy swale is used, Applicant shall submit detailed plans and a complete Operations And Maintenance Manual to the Director of Public Works for review and approval. Big D. Builders - Owners Treasure Valley Builders - Applicant Office/Warehouse In Flood Plain - TreasureValEngCUP057FF.doc Page 7 of 19 Adopt the Recommendations of the Ada County Highway District as follows: 12.27 The proposed northern driveway shall be relocated approximately 52- feet to the south to align with East King Street. I2.28 The southern driveway shall be as proposed on the site plan. 12.29 The driveways shall be paved their full-required with to a point 30-feet beyond the edge of pavement of Baltic Place. 12.30 If the new improvements are damaged during construction, the application shall be responsible for replacing the damaged curb, gutter and/or sidewalk on Baltic Street with new curb, gutter and/or sidewalk to match existing improvements. 12.31 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Existing Urban". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subiect application will not be hazardous or disturbing to existing or future neighboring uses. Big D. Builders - Owners Treasure Valley Builders - Applicant Office/Warehouse In Flood Plain - TreasureValEngCUP057FF.doc Page 8 of 19 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, 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. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. 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 (I.C. §67-6503). 2. The Meridian 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 and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City 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 and/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 of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. Big D. Builders - Owners Treasure Valley Builders - Applicant Office/Warehouse In Flood Plain - TreasureValEngCUP057 FF. doc Page 9 of 19 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 § 11-I7- 3) Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use wi11 not change the essential character of the same area; uses; Will not be hazardous or disturbing to existing or future neighboring e. Will be served adequately by essential public fadlities and services such as highways, streets, 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; f. 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; g. Will not involve uses, activities, 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, fiunes, glare or odors; h. Will not resuk in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in an Limited Office District Big D. Builders- Owners Treasure Valley Builders - Applicant Office/Warehouse In Flood Plain - TreasureValEngCUP057FF.doc Page 10 of 19 (L-O), a public hearing shall be conducted with notice to be published and provided 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 accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and 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 hearing which shall be held before the Planning and 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 accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; Big D. Builders - Owners Treasure Valley Builders - Applicant Office/Warehouse In Flood Plain - TreasureValEngCUP057FF.doc Page 11 of 19 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 ordinance, 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: I. That the above named applicant is granted a conditional use permit for an office/warehouse in a known flood plain, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 1.1 The sewer and water systems shall be floodproofed and approved by the Idaho Department of Water Resources and Federal Emergency Management Agency as per Idaho Code §§ 46-1022 and 46-1023. An engineer shall certify that the floodproofing requirement has been fulfilled as per Ordinance 11-11-3.A. 3. 1.2 Ordinance 11-11-3.A. 2 requires that no structure shah be erected unless the main floor is placed a minimum of 1 foot above the elevation of the 100-year floodplain. The elevation of the floodplain on-site is 2611 ft. No finished floor elevation is shown on the submitted plans. The Big D. Builders - Owners Treasure Valley Builders - Applicant Office/Warehouse In Flood Plain- TreasureValEngCUP057FF.doc Page 12 of 19 1.3 1.4 1.5 1.6 applicant shall verify that the floor elevation of the structure meets this requirement. Materials that are buoyant, flammable, noxious, toxic or otherwise potentially injurious if transported by floodwaters are prohibited as per Ordinance 1 I- 11-5. Storage of any materials or equipment not having these characteristics is permissible only if they have low damage potential and are anchored or are readily removable from the area. Conditions that may be required by the Commission [and Council] per Ordinance 11-11-4 in approving structures in a Floodplain Overlay Zone through the Conditional Use Process include: Limitations on periods of use and operation; Imposition of deed restrictions; Location and arrangement of structures within the floodway and floodway fringe areas to avoid an increase in flood heights during the recurrence of the lO0-year flood discharge; Requirement for construction of channel modificatim~ts, dikes, levees and other protective measures; Placement of survey benchmarlcs; and Additional floodproofing measures. According to Ordinance 11-I 1-6, the evaluation of the effect of the proposed use causing an increase in flood heights is based not just on the effect of the single use acting alone, but upon the reasonable assumption that other landowners within the floodplain may need to be allowed to develop to an equivalent extent within the floodplain. Therefore, the accumulative effects of all such encroachments shall be considered by the Commission (and Council) in malting any decision. Allowing additional development shall increase the floodplain elevation in the area, but not more than the required 1-foot safety margin. No portion of the proposed development is within the floodway. All signage is subject to design review and requires separate permits. No freestanding signs are proposed with this application. If any are proposed in the future, it shall conform to the new Sign Ordinance, as recommended for approval by the Meridian City Council on November Big D. Builders - Owners Treasure Valley Builders - Applicant Office/Warehouse In Flood Plain - TreasureValEngCUP057FF.doc Page 13 of 19 21. This allows for a single freestanding sign not to exceed 70 square feet and 15 feet high, max/mum. 1.7 Dimensions of all parking stalls shall conform to minimum dimensions as per city ordinance and ADA. City ordinance requires 9 X 19 standard stalls and 25-foot-wide minimum driveways. ADA requires the van-accessible handicap-accessible stall to have a striped aisle separate from the stall (typically an 8-foot stall and an 8-foot aisle). The handicap parking space shall have van-accessible signage per ADA standards. 1.8 All required improvements must be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy shall 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 iincluding paving, striping, landscaping, and irrigation). A bid shall accompany any request for Temporary Occupancy. 1.9 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. 1.10 In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation shall be provided to all landscape areas on site. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. Applicant shall submit irrigation performance specifications in compliance with Ordinance 12-13-8-2 when applying for a Certificate of Zoning Compliance. 1.11 Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in above site-specific requirements. 1.12 Paving and striping shall be in accordance with the standards set forth in Sections i 1-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. Big D. Builders- Owners Treasure Valley Builders - Applicant Office/Warehouse In Flood Plain - TreasureValEngCUP057FF.doc Page 14 of 19 1.13 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer per City Ordinance 11-13-4.B.4 for all off-street parking areas. All site drainage shall be contained and disposed of on-site. Big D. Builders - Owners Treasure Valley Builders - Applicant Office/Warehouse In Flood Plain - TreasureValEngCUP057FF.doc Page 15 of 19 1.14 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance w/th City Ordinance Section I 1-13-4.C. 1.15 1.16 1.17 Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells shall be used for non-domestic purposes such as landscape irrigation. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13..Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. All construction shall conform to the requirements of the Landscape Ordinance 12-13. 1.18 1.19 1.20 1.21 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department when applying for a Certificate of Zoning Compliance. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All construction shall conform to the requirements of the gar~ericans with Disabilities Act. The Planning and Zoning Commission further recommends: 1.22 The applicant shall provide a landscape plan that includes landscaping on the south wall from the west end of the sidewalk to the east corner of the building. Big D. Builders - Owners Treasure Valley Builders - Applicant Office/Warehouse In Flood Plain - TreasureValEngCUP057FF.doc Page 16 of 19 1.23 The applicant is not required to landscape on the east boundary of the lot. 1.24 Landscaping on the north side shall commence at the west end and extend all the way across the north property line, except within 5 feet of the building which will consist of a sidewalk. Adopt the Recommendations of the Central District Health Department as follows: 1.25 Run-off is not to create a mosquito breeding problem. 1.26 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; or The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. In the event a practice other than a grassy swale is used, Applicant shall submit detailed plans and a complete Operations And Maintenance Manual to the Director of Public Works for review and approval. Adopt the Recommendations of the Ada County Highway District as follows: 1.27 The proposed northern driveway shall be relocated approximately 52- feet to the south to align with East King Street. 1.28 The southern driveway shall be as proposed on the site plan. 1.29 The driveways shall be paved their full-required with to a point 30-feet beyond the edge of pavement of Baltic Place. 1.30 If the new improvements are damaged during construction, the application shall be responsible for replacing the damaged curb, gutter and/or sidewalk on Baltic Street with new curb, gutter and/or sidewalk to match existing improvements. Big D. Builders - Owners Treasure Valley Builders - Applicant Office/Warehouse In Flood Plain- TreasureValEngCUP057FF.doc Page 17 of 19 1.31 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and 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 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 Worlcs 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 § 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 may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of , 2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED VOTED COUNCILMAN KEITH BIRD Big D. Builders - Owners Treasure Valley Builders - Applicant Office/Warehouse In Flood Plain - TreasureValEngCUP057 FF. doc Page 18 of 19 COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHEKIE McCANDLESS VOTED VOTED MAYOR ROBERT O. CORRIE (TIE BREAKER) DATED: S-~:) ~ dpt/ VOTED MOTION: APPROVED~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By: j~d/~"~ ~ City Clerk Dated: 81111, Big D. Builders - Owners Treasure Valley Builders - Applicant Office/Warehouse In Flood Plain - TreasureValEngCUP057 FF. doc Page 19 of 19