HomeMy WebLinkAboutEagle Concrete Pumping CUP 01-004 (2)Theldaho
Statesman
P.O. Box 40, Boise, Idaho 83707-0040
LEGAL ADVERTISING PROOF OF PUBLICATION
Account #
DTI#
Identification
On this 1 1 day of AUGUST in the year of 2000
Amount:
064514
297146
PUBLIC HEARING
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JULY 28, AUGUST 11, 2000
CITY OF MERIDIAN
Residing at: Boise, Idaho
Number of Lines
33 EAST IDAHO STREET
56 X 2
MERIDIAN, IDAHO 83642
Affidavit
Legal #
1 1
7885
JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal
Clerk of The Idaho Statesman, a daily newspaper printed and published at
Boise, Ada County, State of Idaho, and having a general circulation therein, and
which said newspaper has been continuously and uninterruptedly published in
said County during a period of twelve consecutive months prior to the first
publication of the notice, a copy of which is attached hereto: that said notice
was published in The Idaho Statesman, in conformity with Section 60-108,
Idaho Code, as amended for: TWO
consecutive weekly =single
=consecutive daily EK]odd skip
insertion(s)
beginning with the issue of: JULY 28 , 2000
and ending with the issue of: AUGUST 1 1 2000
STATE OF IDAHO )
)ss
COUNTY OF ADA
On this 1 1 day of AUGUST in the year of 2000
���•��'••'•••••,,�
before me, a Notary Public, personally appeared before me Janice Hildreth
••`4Q,1' BRIG,4
known or identified to me to be the person whose name subscribed to the
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within instrument, and being by me first duly sworn, declared that the state-
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ments therein are true, and acknowledged to me that she executes! the same.
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Notary Public for Ida
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Residing at: Boise, Idaho
My Commission expires:
LEGAL NOTICE
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and
the Laws of the State of Idaho that the City Council of the City of Meridian will hold a
public hearing at the Meridian City hall, 33 East Idaho Street, Meridian, Idaho, at the
hour of 7:30 p.m. on August 15, 2000, for the purpose of reviewing and considering the
applications of:
City of Meridian for consideration and review of proposed changes to the Landscape
Ordinance -
Vicki Welker / Gold River Companies for proposed Valerie Heights Subdivision for
annexation and zoning of 12.73 acres from RT to L -O and R-1.5 zones; Preliminary Plat
approval of 10 building lots and 2 other lots on 12.73 acres in proposed L -O and R-15
zones; and a Conditional Use Permit for a 128 -unit apartment complex, townhouses and
office on 12.73 acres in proposed L -O and R-15 zones all generally located at the north-
east corner of Pine Avenue and Ten Mile Road;
Gem Star Properties for proposed Autumn Faire Subdivision for annexation and zon-
ing of 101.4 acres from RT to R-4 and Preliminary Plat approval for 263 building lots and
12 other lots on 78.4 acres generally located at the southwest corner of Black Cat and
Ustick Roads;
Gary Benoit for a request to vacate the alley intersecting East 1st Street between Pine
Avenue and Idaho Streets on the east side currently in an OT zone generally located at
East 1st Street and Pine Avenue;
Randy Ware for annexation and zoning of 2.297 acres from Rl to R-4 generally located
at Franklin and Linder Roads; " _
Bond and Shelli Campbell for Preliminary Plat approval of 12 lots on 5.60 acres in an
R-4 zone for the proposed subdivision The Hollows generally located north of Ustick
Road one-half mile east of Meridian Road;
John and Sandra Goade for Preliminary Plat approval of 5 building lots and 1 other lot
on 8.29 acres for proposed Waltman Court Subdivision generally located at Waltman
Lane and SW 5th;
Rod and Sherrie Eisile for a request of a' variance allowing applicant to lower finish
floor elevation below the Flood Plain because of the size of the site for Eagle Concrete
Pumping currently in an 1-L zone generally located at Baltic Place in the Meridian
Business Park;
Quadrant Consulting for' annexation and zoning of seven acres, more or less, for
proposed LDS Church generally located south of Overland Road, east of Locust Grove
Road on Charolais Drive;
Steiner Development, LLC, for annexation and zoning of 10.19 acres from RT to R-8
for proposed Wilkins Ranch Village planned -unit development; Preliminary Plat
approval of 48 building lots with 1 existing home and 5 other lots on 10.19 acres; and a
Conditional Use Permit for the planned -unit development consisting of 48 single-family
lots ranging from 5252 to 9525 s.f. in a proposed R-8 zone all generally located south of
Ustick Road and east of Black Cat Road; -- ---- - - - r _ -- -- -- --.1
Chuck Elliot/Elliot Group, LLC, for annexation and'zoning of 5.4 acres for propoed
Elliot Industrial Park for office and shop in an 1-L zone, Preliminary Plat approval of two
building lots on 5.4 acres, and Conditional Use Permit to construct office and shop all
generally located south of Fairview Avenue and east of Locust Grove Road on Wilson
Lane;
The Bailey Company and TFCM Asscociates, Ltd., for a Conditional Use Permit for
the construction of an Arby's with a drive-thru on property in an I -L zone generally
located on Pad P-2 within the Meridian Crossroads Shopping Cneter at the southeast
comer of Eagle Road and Fairview Avenue.'
Pub. Jul. 28, Aug. 11, 2000 7885
April 27, 2001
CUP 01-004
MERIDIAN CITY COUNCIL MEETING May 1, 2001
APPLICANT Eagle Concrete Pumping ITEM NO. 1 1
REQUEST CUP for Eagle Concrete Pumping in a flood plain overlay district -
n/o King, e/o 5th Avenue, w/o Baltic Place
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
MERIDIAN SCHOOL DISTRICT;
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SANITARY SERVICE COMPANY
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
See attached P & Z Item Packet
See attached Recommendations
OTHER:
Contacted: Rod Eisele Date: 4/27/01 Phone: 939-8785
Materials presented at public meetings shall become property of the City of Meridian.
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A.
KEVIN E DINIUS
CHRISTOPHER S. NYE
ATTORNEYS AT LAW
NAWA OFFICE
JULIEKLEINFISCHm
PHQdP A. PETERSON
5700 E FRANKLIN RD., STE. 200
Wn1. F. QGRAY, III
ERIC S. ROSSMAN
200 EAST CARLTON AVE., SIIITE 31
NAMPA, IDAHO 83687-8402
BRENT J. JOHNSON
TODD A. RossMAx
POST OFFICE 0
TEL. gJ08 466-9272
)4664405
D. SAMUEL, JOHNSON
DAviD M. SwARTLEY
83680
MERIDu+N, IDAHO 83680-1150
FAX L08
( )
LARRY D. N10ORE
TERRENCEPC WHITE**
WH.LIAMA. MORRow
WH.LIAMF.NICHOLS
NICHOLAS L. WOLLEN
TEL (208)288-1499
PLEASE REPLY TO
*Also admitted in OR
FAX (208) 288' 2501 E-MAIL: @WPPMO,COM
MERIDIAN OFFICE
a * Also admitted in WA
April 17, 2001
Rr
jj
To:
Staff
Applicant
Affected Property Owner(s)
city Ylfc-'ridian
of
City Cicrk Office
Re: Application Case No.
CUP -01-004
FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING
COMMISSION
Staff, Applicant and/or Affected Property Owner(s):
Please note that these Findings and Recommendations of the Planning and
Zoning Commission shall be presented to the -City Council at the public hearing on the above
referenced matter by the Planning and Zoning Administrator. Due to the volume of matters
which the City Council must decide, and to insure your position is understood and clear, it is
im ortant to have a consistent format by which matters are presented at the public hearings
beore the City Council.
The City Council strongly recommends:
1. That you take time to carefully review the Findings and
Recommendations of the Planning and Zoning Commission, and be
prepared to state your position on this application by addressing the
Findings and Recommendations of the Planning and Zoning Commission;
and
2. That you carefully complete (be sure it is legible) the Position
Statement if You disagree with the Findings and Recommendations
of the Planning and Zoning Commission. The Position Statement
form for this application is available at the City Clerk's office.
It is recommended that you prepare a Position Statement and deliver it to the
City Clerk prior to the hearing, if possible. If that is not possible, please present your Position
Statement to the City Council at the hearing, along with eight (8) copies. The copies will be
presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the
City Attorney. If you are a part of a group, it is strongly recommended that one Position
Statement be filled out for the group, which can be signed by the representative for the group.
Votrully rs,
's Office
ly/
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR STORAGE
FACILITY FOR COMPANY
TRUCKS IN FLOOD PLAIN
OVERLAY ZONE
EAGLE CONCRETE PUMPING,
CO.
Applicant
Case No. CUP -01-04
RECOMMENDATION TO CITY
COUNCIL
1. The property is located at the north side of E. King Street,
approximately 600 feet west of N. Baltic Place in Meridian, Idaho.
2. The owners of record of the subject property are Rod and Sherrie Eisele
of Eagle.
3. Applicant is Eagle Concrete Pumping of Eagle.
4. The subject property is currently zoned I -L and is also located in a flood
plain overlay zone. The zoning district of I -L and the Flood Plain Overlay District
are defined within the City of Meridian Zoning and Development Ordinance, Section
11-7-2.
5. The proposed application requests a conditional use permit for a storage
facility for company trucks in a flood plain zone. The Flood Plain Overlay District
RECOMMENDATION TO CITY COUNCIL - 1
CONDITIONAL USE PERMIT — STORAGE FACILITY FOR EAGLE
CONCRETE PUMPING CO IN A FLOOD PLAIN OVERLAY ZONE — EAGLE
CONCRETE PUMPING CO.
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).
6. The Meridian Planning and Zoning Commission recognizes that the
proposed application is in compliance with the Meridian Comprehensive Plan.
7. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Policy.
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to
the City Council of the City of Meridian that they approve the conditional use
permit as requested by the applicant, subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering
Staff as follows:
The sewer and water systems shall be floodproofed and approved by the
District Health Dept. of the Department of Health and Welfare as per
Ordinance 11-11-3.A.1. An engineer must certify that the floodproofing
requirement has been fulfilled as per Ordinance 11-11-3.A.3.
2. Ordinance 11-11-3.A.2 requires that no structure shall be erected unless
the lowest finished floor is placed a minimum of 1 foot above the Base
Flood Elevation (BFE) of the 100 -year floodplain. The BFE for subject
parcel is 2611 ft above sea level. The finished floor elevation of the
proposed building is 2612 ft. above sea level as depicted on the
RECOMMENDATION TO CITY COUNCIL - 2
CONDITIONAL USE PERMIT STORAGE FACILITY FOR EAGLE
CONCRETE PUMPING CO IN A FLOOD PLAIN OVERLAY ZONE — EAGLE
CONCRETE PUMPING CO.
submitted plans. The applicant shall submit an Elevation Certificate
prior to occupancy in order to verify that the lowest finished floor
elevation of the structure meets this requirement.
3. Materials that are buoyant, flammable, noxious, toxic or otherwise
potentially injurious if transported by floodwaters are prohibited as per
Ordinance I 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.
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:
a. Limitations on periods of use and operation;
b. Imposition of deed restrictions;
C. Location and arrangement of structures within the floodway and
floodway fringe areas to avoid an increase in flood heights during
the recurrence of the I00 -year flood discharge;
d. Requirement for construction of channel modifications, dikes,
levees and other protective measures;
e. Placement of survey benchmarks; and
f. Additional floodproofing measures.
5. 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 cumulative effects of all such encroachments must be
considered by the Commission (and Council) in making any decision.
6. The Planning and Zoning Commission's opinion on this matter is that
allowing additional development within the floodplain will increase the
Base Flood Elevations in the area, but not more than the required 1 -foot
safety margin. No portion of the proposed development is within the
floodway.
RECOMMENDATION TO CITY COUNCIL - 3
CONDITIONAL USE PERMIT — STORAGE FACILITY FOR EAGLE
CONCRETE PUMPING CO IN A FLOOD PLAIN OVERLAY ZONE — EAGLE
CONCRETE PUMPING CO.
7. 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.
8. 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 must have signage per ADA standards.
9. It appears that the landscaping shown on the plan is based on the old
ordinance of one 3" -caliper tree per 1,500 s.f. of asphalt. The site plan
must be modified to conform to the new Landscape Ordinance, Section
12-13. This will require adding a landscape buffer along all side and rear
lot lines adjacent to a vehicular use area. Applicant must submit a
modified site/landscape plan that conforms with the Landscape
Ordinance when applying for a Certificate of Zoning Compliance.
10. All required improvements must be complete prior to obtaining a
Certificate of Occupancy. A Temporary Certificate of Occupancy may
be obtained by providing surety to the City in the form of a letter of
credit or cash in the amount of 110% of the cost of the required
improvements (including paving, striping, landscaping, and irrigation).
A bid must accompany any request for Temporary Occupancy.
11. Assessments for sewer and water service are determined during the
building permit application process.
12. In accordance with City Ordinance 12-13-8-1, underground year-round
pressurized irrigation must 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,
RECOMMENDATION TO CITY COUNCIL - 4
CONDITIONAL USE PERMIT — STORAGE FACILITY FOR EAGLE
CONCRETE PUMPING CO IN A FLOOD PLAIN OVERLAY ZONE — EAGLE
CONCRETE PUMPING CO.
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.
13. The proposed gravel area behind the fence must be hard surfaced with
asphalt if it is to be used for parking or circulation in accordance with
City Ordinance I I -13-4(D).
14. The future building expansion and the graveled area north of the trash
enclosure shall either be paved in accordance with standards established
by the City, or it shall be surrounded by a fence to prohibit the
circulation or parking of vehicles on the unimproved surface.
15. 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 site-specific requirements.
16. Paving and striping shall be in accordance with the standards set forth in
Sections 1 I -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.
17. 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.
18. Outside lighting shall be designed and placed so as to not direct
illumination onto any nearby residential areas and in accordance with
City Ordinance Section I I -13-4.C.
19. Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance
Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
RECOMMENDATION TO CITY COUNCIL - 5
CONDITIONAL USE PERMIT — STORAGE FACILITY FOR EAGLE
CONCRETE PUMPING CO IN A FLOOD PLAIN OVERLAY ZONE — EAGLE
CONCRETE PUMPING CO.
20. All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans will need to be approved by
the appropriate irrigation/drainage district, or lateral users association,
with written confirmation of said approval submitted to the Public
Works Department.
21. All construction shall conform to the requirements of the Landscape
Ordinance 12-13.
22. 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.
23. Provide five -foot -wide sidewalks in accordance with City Ordinance
Section 12-5-2.1C
24. All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance.
25. All construction shall conform to the requirements of the Americans
with Disabilities Act.
ey/Z..\Work\M\Meridian\Meridian 15360M\Pecoirunendations\CUP0104EagleConcrete.wpd
RECOMMENDATION TO CITY COUNCIL - 6
CONDITIONAL USE PERMIT — STORAGE FACILITY FOR EAGLE
CONCRETE PUMPING CO IN A FLOOD PLAIN OVERLAY ZONE — EAGLE
CONCRETE PUMPING CO.
April 2, 2001
MERIDIAN PLANNING & ZONING MEETING
APPLICANT Eaale Concrete Pumoina
CUP 01-004
April 5, 2001
ITEM NO. 4
REQUEST Request for Conditional Use Permit for Eagle Concrete Pumping in a flood plain
overlay district -- north of King, east of 5th Avenue, and west of Baltic Place
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
SANITARY SERVICE:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
COMMENTS
No comments
This will not effect MFD till the area floods
No comments
No comments
OX
ADA COUNTY HIGHWAY DISTRICT: See attached comments
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
No comments
OTHER:
Contacted: 1�ae�� Date: Phone:
Materials presented at public meetings shall become property of the City of Meridian.
zp I Rk
c= ACHD ` Ada County Highway District
Judy Peavey -Derr, President
318 East 37th Street
Dave Bivens, 1st Vice President
Garden City ID 83714-6499
Sherry R. Huber, 2nd Vice President
Phone (208) 387-6100
Susan S. Eastlake, Commissioner
FAX (208) 387-6391
David E. Wynkoop, Commissioner
E-mail: tellus@ACHD.ada.id.us
February 26, 2001'
TO: Eagle Concrete Pumping MAR - j 2001
645 Edgewood Lane
Eagle, Idaho 83616
CT f 01, . M
SUBJECT: MCUP01-004
Project is in the flood plain overlay Distict which requires a Conditional Use Application
North side of King Street, east of 5th Ave., west of Baltic Place
The Ada County Highway District (ACRD) staff has received and reviewed the application and site plan for the
item referenced above. ACHD does not have any site improvement requirements at this time. The ACHD
Commission will not hear this item unless the site plan is changed in such a manner as to require Commission
review.
ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-
of-way, a permit or license agreement permitting the improvements must be obtained.
All future design plans and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable
ACHD Ordinances unless specifically waived in writing by the District.
Contact Ms. Joyce Newton for payment of possible road impact fees prior to building construction in accordance
with Ordinance #193, also known as the Ada County Highway District Road Impact Fee Ordinance.
If you have any questions, please feel free to contact me at (208) 387-6177.
Sincerely, V
Andrea Tuning
Development Analyst
Cc: Planning & Development/Chron/Project File
Planning & Development Services City of Meridian
Larson Architects
210 Murray Street
Boise, Idaho 83714
March 12, 2001
Will Berg, City Clerk
City of Meridian
33 East Idaho
Meridian, ID 83642
Re: Cup 01-004 Eagle Concrete Pumping
Dear Commissioners:
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
Phones: rea Code 208
OFFICE: ampa 466-7861
SHOP: ampa 466-0663
I
If all storm drainage is retained on site this project will be acceptable for Nampa & Meridian
Irrigation District,
Sincerely,
61
Bill Henson, Asst. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH: dln
Cc: File — Shop
File — Office
Water Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
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Ron Anderson
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MEMORANDUM:
(.moa Place to Lige
CITY OF ME, RIDLI\N
3 )3 EAST IDAHO
Mi. '1L E1filit , iDA.f.7_O 83612
12
{2081) 8M-44.13 FAX '?[%) 887 4813
Cit* (lett- Office Rix (20`ii 888-4218
To: Mayor, City Council and Planning & Zoning Commission
From: David McKinnon, Planner tilk
PlannirI3 i zanl
A 2-00
I smleo,L4
I
I
March 19, 2001
n..
A r k:
"-
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Re: Conditional Use Permit for Eagle Concrete Pumping by Larson o l i '
(File CUP -01-004).
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered in full, unless expressly modified or deleted by
motion of the Meridian City Council:
APPLICATION SUMMARY
The subject parcel, Lot 15, Block 2, is located in the Meridian Business Park and is Currently zoned
I -L. The proposed use for the subject parcel is a 4125 square foot storage facility for Eagle Concrete
Pumping Company's concrete pumping trucks. Inside storage and outside storage are permitted uses
in an I -L Zone according to the Schedule of Use Control (11-8-1).
Although the proposed use is permitted within the I -L zone, the entire parcel is located within the
100 -year floodplain of the Five Mile Creek as shown on the effective Flood Insurance Rate Map
(FIRM). All development within the 100 -floodplain is regulated by Meridian City Code 11-11(1-9),
the Floodplain Overlay District. All development within the Floodplain Overlay District is required to
obtain a Conditional Use Permit from the Council and Commission prior to beginning development
(11-11-2).
The purpose of the Floodplain Overlay District (FP) is to guide development in floodplain areas
throughout the City of Meridian, and to minimize the expense and inconveniences to the individual
property owners and the general public that may occur during a flood. Authorized uses in the FP
district shall not hinder the movement of flood waters. The FP district is superimposed over other
zoning districts, wherever a 100 -year floodplain exists (see Ordinance 11-11-1).
LOCATION & SURROUNDING USES
The subject property is located on the north side of E. King Street, approximately 600 feet west ofN.
Baltic Place in the Meridian Business Park. It is generally located north of Franklin Road,
approximately halfway between E. 5th Street and N. Baltic Place. The lot is currently zoned I -L.
The property is located in an area designated as Existing Urban in the Comprehensive Plan.
The surrounding uses follow:
CUP -01-004 Eagle concrete Pumping No 2.CUP.doe
Mayor, Council and P&Z
March 19, 2001
Page 2
North: Memorial Pet Care
South: New Multi -tenant Office Building and Office Warehouse Building
East: Vacant I -L zoned property
West: Handy Concrete Mix
SITE SPECIFIC REQUIREMENTS
1. The sewer and water systems shall be floodproofed and approved by the District Health Dept. of
the Department of Health and Welfare as per Ordinance 11-11-3.A.1. An engineer must certify
that the floodproofing requirement has been fulfilled as per Ordinance 11-11-3.A.3.
2. Ordinance 11-11-3.A.2 requires that no structure shall be erected unless the lowest finished floor
is placed a minimum of 1 foot above the Base Flood Elevation (BFE) of the 100 -year floodplain.
The BFE for subject parcel is 2611 ft above sea level. The finished floor elevation of the
proposed building is 2612 ft. above sea level as depicted on the submitted plans. The applicant
shall submit an Elevation Certificate prior to occupancy in order to verify that the lowest finished
floor elevation of the structure meets this requirement.
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.
4. Conditions that maybe 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:
a. Limitations on periods of use and operation;
b. Imposition of deed restrictions;
c. 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;
d. Requirement for construction of channel modifications, dikes, levees and other protective
measures;
e. Placement of survey benchmarks; and
£ Additional floodproofing measures.
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
must be considered by the Commission (and Council) in making any decision.
Staffs opinion on this matter is that allowing additional development within the floodplain will increase
the Base Flood Elevations in the area, but not more than the required 1 -foot safety margin. No portion
CUP -01-004 Eagle Concrete Pumping.CUP.doe
Mayor, Council and P&Z
March 19, 2001
Page 3
of the proposed development is within the floodway..
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.
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 must have signage
per ADA standards.
8. It appears that the landscaping shown on the plan is based on the old ordinance of one Y -
caliper tree per 1,500 s.f. of asphalt, The site plan must be modified to conform to the new
Landscape Ordinance, Section 12-13. This will require adding a landscape buffer along all side
and rear lot lines adjacent to a vehicular use area. Applicant must submit a modified
site/landscape plan that conforms with the Landscape Ordinance when applying for a Certificate
of Zoning Compliance.
9. All required improvements must be complete prior to obtaining a Certificate of Occupancy. A
Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form
of a letter of credit or cash in the amount of 110% of the cost of the required improvements
(including paving, striping, landscaping, and irrigation). A bid must accompany any request for
Temporary Occupancy.
10. Assessments for sewer and water service are determined during the building permit application
process.
11. In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation
must 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.
12. The proposed gravel area behind the fence must be hard surfaced with asphalt if it is to be used
for parking or circulation in accordance with City Ordinance 11-13-4(D).
13. The future building expansion and the graveled area north of the trash enclosure shall either be
paved in accordance with standards established by the City, or it shall be surrounded by a fence to
prohibit the circulation or parking of vehicles on the unimproved surface.
CUP -01-004 Eagle Concrete Pumping.CUP.doc
Mayor, Council and P&Z
March 19, 2001
Page 4
GENERAL REQUIREMENTS
Off-street parking shall be provided in accordance with Section 11-13 of the City ofMeridian
Zoning and Development Ordinance and/or as detailed in site-specific requirements.
2. Paving and striping shAllbe 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) requirements.
3. A drainage plan designed by a State of Idaho licensed architect or engineers 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.
4. Outside lighting shall be designed and placed so as to not direct illumination onto any nearby
residential areas and in accordance with City Ordinance Section 11-13-4.C.
5. Any existing domestic wells and/or septic systems within this project will have to be removed
from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used
for non-domestic purposes such as landscape irrigation.
6. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing
or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13.
Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the Public Works
Department.
7. All construction shall conform to the requirements of the Landscape Ordinance 12-13.
8. 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.
9. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K.
10. All signage shall be in accordance with the standards set forth in Section 11-14 of the City
Zoning and Development Ordinance.
11. All construction shall conform to the requirements of the Americans with Disabilities Act.
RECOMMENDATION
CUP -01.004 Eagle Concrete Pumping.CUP.doc
Mayor, Council and P&Z
April 3, 2001
Page 5
Staff recommends approval of the Conditional Use Permit, with the conditions noted above.
CUP -00-044 Eagle concrete Pumping No 2,CUP.doc
PUBLIC HEARING
SIGN-UP SHEET
DATE Ac r I ( co-, Z-yb
PROJECT NUMBER CUP 01 004 -
PROJECT NAME ead le� CnvtGl��i Pum ��
NAME FOR AGAINST
I I FILE Copy
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR STORAGE
FACILITY FOR COMPANY
TRUCKS IN FLOOD PLAIN
OVERLAY ZONE, LOCATED AT
THE NORTH SIDE OF E. KING
STREET, APPROXIMATELY 600
FEET WEST OF N. BALTIC
PLACE, MERIDIAN, IDAHO
EAGLE CONCRETE PUMPING,
COMPANY,
APPLICANT
C/C 05-01-01
Case No. CUP -01-004
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 May 1, 2001, at the hour of 6:30 p.m., at Meridian City
Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning
Administrator, appeared and testified, and appearing on behalf of the Applicant was
Cornel Larson, 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 conducted a public
hearing and the Council having heard and taken oral and written testimony, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 1
having duly considered the matter, the City Council hereby makes the following
Findings of Fact, Conclusions of Law and Decision and Order to -wit:
FINDINGS OF FACT
1. 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 May 1,
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 May 1, 2001, public hearing; 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 and hearing requirements set
forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-
5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 2
of Posting filed with the staff report.
3. This proposed development request is in an I -L zone and is also located
in a flood plain overlay zone and 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 the north side of E. King Street,
approximately 600 feet west of N. Baltic Place in Meridian, Idaho.
5. The owners of record of the subject property are Rod and Sherrie Eisele
of Eagle, Idaho.
6. Applicant is Eagle Concrete Pumping of Eagle, Idaho.
7. The subject property is currently zoned I -L and is also located in a flood
plain overlay zone. The zoning district of I -L and the Flood Plain Overlay District
are defined within the City of Meridian Zoning and Development Ordinance, Section
11-7-2.
8. The proposed application requests a conditional use permit for a storage
facility for company trucks in a flood plain zone. The Flood Plain Overlay District
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 -
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 3
I).
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 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 planning
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 subject real property within the planning jurisdiction of the
City of Meridian subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering
Staff as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 4
12.1 The sewer and water systems shall be flood proofed and approved by
the District Health Dept. of the Department of Health and Welfare as
per Ordinance 11-11-3.A.1. An engineer shall certify that the flood
proofing requirement has been fulfilled as per Ordinance 11-11-3.A.3.
12.2 Ordinance 11-11-3.A.2 requires that no structure shall be erected unless
the lowest finished floor is placed a minimum of 1 foot above the Base
Flood Elevation (BFE) of the 100 -year floodplain. The BFE for subject
parcel is 2611 ft above sea level. The finished floor elevation of the
proposed building is 2612 ft. above sea level as depicted on the
submitted plans. The applicant shall submit an Elevation Certificate
prior to occupancy in order to verify that the lowest finished 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 shall be required by the Council per Ordinance 11-11-4
in approving structures in a Floodplain Overlay Zone through the
Conditional Use Process include:
1. Limitations on periods of use and operation;
2. Imposition of deed restrictions;
3. 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;
4. Requirement for construction of channel modifications, dikes,
levees and other protective measures;
5. Placement of survey benchmarks; and
6. Additional flood proofing 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 5
assumption that other landowners within the floodplain shall be allowed
to develop to an equivalent extent within the floodplain. Therefore, the
cumulative effects of all such encroachments shall be considered by the
Council in making any decision.
12.6 Allowing additional development within the floodplain shall increase the
Base Flood Elevations in the area, but not more than the required 1 -foot
safety margin. No portion of the proposed development is within the
floodway.
12.7 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.
12.8 Dimensions of all parking stalls shall conform to minimum dimensions
as per city ordinance and ADA. City ordinance requires 9 X19 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 signage per ADA standards.
12.9 The site plan shall be modified to conform to the new Landscape
Ordinance, Section 12-13. This shall require adding a landscape buffer
along all side and rear lot lines adjacent to a vehicular use area.
Applicant shall submit a modified site/landscape plan that conforms
with the Landscape Ordinance when applying for a Certificate of Zoning
Compliance.
12.10 All required improvements shall be complete prior to obtaining a
Certificate of Occupancy. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 6
12.11 Assessments for sewer and water service are determined during the
building permit application process.
12.12 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.
12.13 The proposed gravel area behind the fence shall be hard surfaced with
asphalt if it is to be used for parking or circulation in accordance with
City Ordinance 11-13-4(D).
12.14 The future building expansion and the graveled area north of the trash
enclosure shall either be paved in accordance with standards established
by the City, or it shall be surrounded by a fence to prohibit the
circulation or parking of vehicles on the unimproved surface.
12.15 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 site-specific requirements.
12.16 Paving and striping shall be in accordance with the standards set forth
in Sections 11-13-4.D. and 1 I -13-4.E. of the City of Meridian Zoning
and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
12.17 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.
12.18 Outside lighting shall be designed and placed so as to not direct
illumination onto any nearby residential areas and in accordance with
City Ordinance Section 11-13-4.C.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 7
12.19 Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
12.20 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.
12.21 All construction shall conform to the requirements of the Landscape
Ordinance 12-13.
12.22 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 SL Zoning Department when applying for a
Certificate of Zoning Compliance.
12.23 Provide five -foot -wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
12.24 All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance.
12.25 All construction shall conform to the requirements of the Americans
with Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
12.26 ACHD policy requires that before any improvements of any kind are
constructed or installed within the public right-of-way, a permit or
license agreement permitting the improvements shall be obtained.
12.27 All future design plans and construction shall be in accordance with the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 8
Ada County Highway District Policy Manual, ISPWC Standards and
approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived in writing by
the District.
Adopt the Recommendations of the Ada County Highway District as follows:
12.28 All storm drainage is to be retained on the site.
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 subject application will not be hazardous
or disturbing to existing or future neighboring uses.
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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 9
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 1, 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 10
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 § 11-17-
3)
a. 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 will not change the essential character of the
same area;
d. Will not be hazardous or disturbing to existing or future neighboring
uses;
e. Will be served adequately by essential public facilities 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, fumes, glare
or odors;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in the Light Industrial
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - I I
District (I -L) and a Flood Plain Overlay zone, 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 12
impose 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 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:
1. That the above named applicant is granted a conditional use permit for
a storage facility for company trucks in an I -L zone and a flood plain overlay zone, at
the north side of E. King Street, approximately 600 feet west of N. Baltic Place in
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 13
Meridian, Idaho, subject to the following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering
Staff as follows:
1.1 The sewer and water systems shall be flood proofed and approved by
the District Health Dept. of the Department of Health and Welfare as
per Ordinance 11-11-3.A.1. An engineer shall certify that the flood
proofing requirement has been fulfilled as per Ordinance 11-11-3.A.3.
1.2 Ordinance 11-11-3.A. 2 requires that no structure shall be erected unless
the lowest finished floor is placed a minimum of I foot above the Base
Flood Elevation (BFE) of the 100 -year floodplain. The BFE for subject
parcel is 2611 ft above sea level. The finished floor elevation of the
proposed building is 2612 ft. above sea level as depicted on the
submitted plans. The applicant shall submit an Elevation Certificate
prior to occupancy in order to verify that the lowest finished floor
elevation of the structure meets this requirement.
1.3 Materials that are buoyant, flammable, noxious, toxic or otherwise
potentially injurious if transported by floodwaters are prohibited as per
Ordinance I 1-11-5 . 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.
1.4 Conditions that shall be required by the Council per Ordinance I 1-11-4
in approving structures in a Floodplain Overlay Zone through the
Conditional Use Process include:
1. Limitations on periods of use and operation;
2. Imposition of deed restrictions;
3. 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;
4. Requirement for construction of channel modifications, dikes, levees
and other protective measures;
5. Placement of survey benchmarks; and
6. Additional flood proofing measures.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 14
1.5 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 shall be allowed
to develop to an equivalent extent within the floodplain. Therefore, the
cumulative effects of all such encroachments shall be considered by the
Council in malting any decision.
1.6 Allowing additional development within the floodplain shall increase the
Base Flood Elevations in the area, but not more than the required 1 -foot
safety margin. No portion of the proposed development is within the
floodway.
1.7 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.
1.8 Dimensions of all parking stalls shall conform to minimum dimensions
as per city ordinance and ADA. City ordinance requires 9 X19 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 signage per ADA standards.
1.9 The site plan shall be modified to conform to the new Landscape
Ordinance, Section 12-13. This shall require adding a landscape buffer
along all side and rear lot lines adjacent to a vehicular use area.
Applicant shall submit a modified site/landscape plan that conforms
with the Landscape Ordinance when applying for a Certificate of Zoning
Compliance.
1.10 All required improvements shall be complete prior to obtaining a
Certificate of Occupancy. A Temporary Certificate of Occupancy may
be obtained by providing surety to the City in the form of a letter of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 15
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.
1.11 Assessments for sewer and water service are determined during the
building permit application process.
1.12 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.
1.13 The proposed gravel area behind the fence shall be hard surfaced with
asphalt if it is to be used for parking or circulation in accordance with
City Ordinance 11-13-4(D).
1.14 The future building expansion and the graveled area north of the trash
enclosure shall either be paved in accordance with standards established
by the City, or it shall be surrounded by a fence to prohibit the
circulation or parking of vehicles on the unimproved surface.
1.15 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 site-specific requirements.
1.16 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) requirements.
1.17 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 16
1.18 Outside lighting shall be designed and placed so as to not direct
illumination onto any nearby residential areas and in accordance with
City Ordinance Section 11-13-4.C.
1.19 Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
1.20 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.
1.21 All construction shall conform to the requirements of the Landscape
Ordinance 12-13.
1.22 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.
1.23 Provide five -foot -wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
1.24 All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance.
1.25 All construction shall conform to the requirements of the Americans
with Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows:
1.26 ACHD policy requires that before any improvements of any kind are
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 17
constructed or installed within the public right-of-way, a permit or
license agreement permitting the improvements shall be obtained.
1.27 All future design plans and construction shall be in accordance with the
Ada County Highway District Policy Manual, ISPWC Standards and
approved supplements, Construction Services procedures and all
applicable ACRD Ordinances unless specifically waived in writing by
the District.
Adopt the Recommendations of the Ada County Highway District as follows:
12.28 All storm drainage is to be retained on the site.
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 Cleric
and then a copy served by the Cleric upon the applicant, 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 § 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the issuance
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 18
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.
By action of the City Council at its regular meeting held on the
day of141,0,61-, 2001.
ROLL CALL:
COUNCILMAN RON ANDERSON VOTED
COUNCILMAN KEITH BIRD VOTED
COUNCILWOMAN TAMMY deWEERD VOTED
+e-4—
COUNCILWOMAN CHERIE McCANDLESS VOTED
_*.4—
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: 5--15--01
MOTION:
APPROVED: DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney. OF
By. �....' Dated
City Clerk
Z:\Work\M\Meridian\Meridian 15360WagleConcrete Pumping CUP01-004\FfCIsCUP01-004.doc
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FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 19
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST FOR )
CONDITIONAL USE PERMIT FOR STORAGE )
FACILITY FOR COMPANY TRUCKS IN )
FLOOD PLAIN OVERLAY ZONE, LOCATED AT)
THE NORTH SIDE OF E. KING STREET, )
APPROXIMATELY 600 FEET WEST OF N. )
BALTIC PLACE, MERIDIAN, IDAHO )
EAGLE CONCRETE PUMPING, COMPANY )
APPLICANT. )
CSC 05 -01-01
CASE NO. CUP -01-004
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 11T day of May, 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:
That the Applicant of the property is granted a conditional use permit for a
storage facility for company trucks in a flood plain zone, the proposed
application request of a conditional use permit for the construction,
development, maintenance and use for a storage facility for company trucks in
a flood plain zone, as described in the "SITE PLAN — PROJECT NAME:
EAGLE CONCRETE PUMPING — EAST KING STREET — MERIDIAN,
IDAHO, DRAWN BY: SW, DATE: 1-19-01. SHEET NUMBER: SP -1,
LARSON ARCHITECTS, P.& ARCHITECTS, MERIDIAN, IDAHO", Eagle
Concrete Pumping, Company, Developer, for the development of the
aforementioned development for a development consisting of a storage facility
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 5
BY EAGLE CONCRETE PUMPING COMPANY/ CUP -01-004
for company trucks in a flood plain zone, and which property is described as
follows:
Lot 15, Block 2, Meridian Business Park
A resubdivsion of Meridian Business and Industrial Park, located in a portion of
the SW 1/4 SE I/4 and the SE 1/4 SW 1/4 of Section 7, T. 3N., R. lE., B.M.,
Meridian, Ada County, Idaho
2. That the above named applicant is granted a conditional use permit for a
storage facility for company trucks in a flood plain zone, located at the north side of
E. King Street, approximately 600 feet west of N. Baltic Place, Meridian, Idaho,
subject to the following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering
Staff as follows:
2.1 The sewer and water systems shall be flood proofed and approved by
the District Health Dept. of the Department of Health and Welfare as
per Ordinance 11-11-3.A.1. An engineer shall certify that the flood
proofing requirement has been fulfilled as per Ordinance 11-11-3.A.3.
2.2 Ordinance 11-11-3.A.2 requires that no structure shall be erected unless
the lowest finished floor is placed a minimum of 1 foot above the Base
Flood Elevation (BFE) of the 100 -year floodplain. The BFE for subject
parcel is 2611 ft above sea level. The finished floor elevation of the
proposed building is 2612 ft. above sea level as depicted on the
submitted plans. The applicant shall submit an Elevation Certificate
prior to occupancy in order to verify that the lowest finished 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 damage
potential and are anchored or are readily removable from the area.
2.4 Conditions that shall be required by the Council per Ordinance 11-11-4
in approving structures in a Floodplain Overlay Zone through the
Conditional Use Process include:
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 5
BY EAGLE CONCRETE PUMPING COMPANY/ CUP -01-004
I. Limitations on periods of use and operation;
2. Imposition of deed restrictions;
3. 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;
4. Requirement for construction of channel modifications, dikes, levees
and other protective measures;
5. Placement of survey benchmarks; and
6. Additional flood proofing measures.
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 shall be allowed
to develop to an equivalent extent within the floodplain. Therefore, the
cumulative effects of all such encroachments shall be considered by the
Council in making any decision.
2.6 Allowing additional development within the floodplain shall increase the
Base Flood Elevations in the area, but not more than the required 1 -foot
safety margin. No portion of the proposed development is within the
floodway.
2.7 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.
2.8 Dimensions of all parking stalls shall conform to minimum dimensions
as per city ordinance and ADA. City ordinance requires 9 X19 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 signage per ADA standards.
2.9 The site plan shall be modified to conform to the new Landscape
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 5
BY EAGLE CONCRETE PUMPING COMPANY/ CUP -01-004
Ordinance, Section 12-13. This shall require adding a landscape buffer
along all side and rear lot lines adjacent to a vehicular use area.
Applicant shall submit a modified site/landscape plan that conforms
with the Landscape Ordinance when applying for a Certificate of Zoning
Compliance.
2.10 All required improvements shall be complete prior to obtaining a
Certificate of Occupancy. 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.
2.11 Assessments for sewer and water service are determined during the
building permit application process.
2.12 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.
2.13 The proposed gravel area behind the fence shall be hard surfaced with
asphalt if it is to be used for parking or circulation in accordance with
City Ordinance 11-13-4(D).
2.14 The future building expansion and the graveled area north of the trash
enclosure shall either be paved in accordance with standards established
by the City, or it shall be surrounded by a fence to prohibit the
circulation or parking of vehicles on the unimproved surface.
2.15 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 site-specific requirements.
2.16 Paving and striping shall be in accordance with the standards set forth
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 5
BY EAGLE CONCRETE PUMPING COMPANY / CUP -01-004
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) requirements.
2.17 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 11-13-4.13.4 for all off-street parking areas. All site
drainage shall be contained and disposed of on-site.
2.18 Outside lighting shall be designed and placed so as to not direct
illumination onto any nearby residential areas and in accordance with
City Ordinance Section 11-13-4.C.
2.19 Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
2.20 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.
2.21 All construction shall conform to the requirements of the Landscape
Ordinance 12-13.
2.22 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.
2.23 Provide five -foot -wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
2.24 All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 5
BY EAGLE CONCRETE PUMPING COMPANY/ CUP -01-004
2.25 All construction shall conform to the requirements of the Americans
with Disabilities Act.
Adopt the Recommendations of the Ada County Highway District as follows;
2.26 ACED policy requires that before any improvements of any kind are
constructed or installed within the public right-of-way, a permit or
license agreement permitting the improvements shall be obtained.
2.27 All future design plans and construction shall be in accordance with the
Ada County Highway District Policy Manual, ISPWC Standards and
approved supplements, Construction Services procedures and all
applicable ACRD Ordinances unless specifically waived in writing by
the District.
Adopt the Recommendations of the Ada County Highway District as follows:
2.28 All storm drainage is to be retained on the site.
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. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code § 11-17-8, a copy of
which is attached to this permit.
By action of the City Council at its regular meeting held on the
2001.
day of
Rob D. orrie, Mayor City of Meridian
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 5
BY EAGLE CONCRETE PUMPING COMPANY/ CUP -01-004
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
Dated:
City Cleric
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ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 7 OF 5
BY EAGLE CONCRETE PUMPING COMPANY/ CUP -01-004
CHD Ada County Highway District
318 East 37th Street
Dave Bivens, 1 st Vice President " ' "r
Sherry R. Huber, 2nd Vice President Phone (208) 387-6100
Susan S. Eastlake, Commissioner FAX (208) 387-6391
David E. Wynkoop, Commissioner E-mail: tellus@ACHD.ada.id.us
June 4, 2001
TO: Eagle Concrete Pumping t 7 2901
645 Edgewood Lane
Eagle, Idaho 83616FP1A}?
SUBJECT: MCUPOI-004
Eagle Concrete Pumping
Baltic Place in Meridian Business Park
On March 9, 1994, the Ada County Highway District Commissioners acted on MCUP00-044. The conditions
and requirements also apply to MCUP01-004. You received a letter from the District dated February 26,
2001. Please disregard that letter.
If you have any questions, please feel free to contact this office at (208) 387-6170.
Sincerely,
Development Analyst
Planning &Development
Cc: Planning & Development/Chron/Project File
Planning & Development Services City of Meridian
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14
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The City of Meridian planning and Zoning Commission meeting was called to
order at 7:00 p.m. on Thursday, April 5, 2001, by Chairman Keith Borup.
Members present: Sally Norton, Bill Nary, Jerry Centers, Keven Shreeve, Keith
Borup,
Others present: Brad Hawkins -Clark, Bruce Freckleton, Dave Swartley, Shelby
Ugarriza.
Item 14 Roll -call Attendance:
Sally Norton Jerry Centers
Bill Nary Keven Shreeve
Chairman Keith Borup
Borup: I'd like to open this evening's meeting of the Meridian Planning and
Zoning Commission. We will begin with roll call, The Planning and Zoning
Commission is a volunteer appointed group. We're here to gather information
and make recommendations to the City Council. The final decision, on anything
we do, is determined as that decision made by the City Council. Hopefully, we've
taken some consideration with our recommendation. We'd like to go ahead and
start.
Item 4. Public Hearing: CUP 01-004 Request for Conditional Use
Permit for Eagle Concrete Pumping in a flood plain overlay
district by Eagle Concrete Pumping — north of King, east of
5t' Avenue, and west of Baltic Place:
Borup: The first item on the agenda is Item No. 4, Public Hearing. A request for
Conditional Use Permit for Eagle Concrete Pumping and a flood lane overlay
district by Eagle Concrete Pumping, north of King Street, east of 5 Avenue. I'd
like to begin with the staff report. This is the same that went before us a couple
of months ago. At that time, didn't we decide it needed to come back for a
Conditional Use Permit, is that why it is here tonight?
Hawkins -Clark: Chairman Borup, that's correct, except it is a different lot.
Borup: Oh, it's a different lot?
Hawkins -Clark: Yes.
Hawkins -Clark: Yeah, it is within the same subdivision, This is Meridian
Business and Industrial Park. The fire station here. I believe the other lot --
Meridian Planning and ZoninV ommission
April 5, 2001
Pg. 2
Bruce, is it this one? One of these lots, I think, is where the previous application
came in, The crosshatched lot here they have moved it down to the west. The
reason you are seeing this application, the only reason, is since the lot does lie
within the 100 -year flood plane -- which ordinance requires conditional uses for
all buildings that lie within the flood plane. It is this lot, just east of the Andy
Concrete Mix Facility there. It's a vacant lot, currently. The Site Plan, which I
believe you should have seen, is pretty much the same, I believe, just making
modifications based on the lot configuration to what you saw previously. King
Street is here along the south. There is one single entrance here off of King
Street, the parking lot, the building. They are showing a future building
expansion here to the north. This would be a fenced off area here for storage. I
think there is only two items on our staff report, dated March 19th, by Dave
McKinnon, that I would point out to you. No. 8 on Page 3. Just a note, the
applicant will need to submit a modified landscape plan that conforms to our
newly adopted Landscape Ordinance. We feel that that would be fine to submit
with the Certificate of Zoning Compliance. Then, Item No. 13, on page 3,
regarding the future building expansion. Mainly, as an air quality dust mitigation
measure, we are asking for this area back here, that they are showing for future
building expansion, that if it is going to be used for vehicular use, to either be
paved or fenced for regular vehicle use. I think all the rest are our standard
conditions, so I will leave it at that for now.
Borup: Any questions, Commissioners?
Center: I have one question, sir. Item 8 that you referred to, I had noted that
Do they plan to do that prior to the CO, the Certificate of Occupancy?
Hawkins -Clark: Yes.
Centers: So, they would have to have that done before you would issue the
Certificate?
Hawkins -Clark: Correct, Right. Yes, the Certificate of Zoning Compliance,
Commissioner Centers, is required prior to even submitting for a building permit.
So, that would be reviewed by us at that time.
Borup: Is the applicant here? Please come forward.
Larson: Chairman Borup, Members of the Planning and Zoning Commission, my
name is Cornel Larson, address is 210 Murray Street in Garden City. This is
pretty much the same application you saw before. We could not make the
grading work for the --
Borup: Excuse me I think we don't have the mio plugged in here. Is it working?
Okay, sorry. Go ahead Mr. Larson.
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the Meridian Planning and Zoning Commission
of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho
Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on April 5, 2001, for the purpose of
reviewing and considering the application of Eagle Concrete Pumping for a Conditional
Use Permit for Eagle Concrete Pumping in the flood plain overlay district generally
located north of King, east of 5th Avenue and west of Baltic Place.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during
regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing, and the public is welcome and invited to
submit testimony. Oral testimony may be limited to three (3) minutes per person.
Written materials may be submitted seven (7) days prior to the above hearing date so
that all interested parties may examine them prior to the hearing. All materials
presented at public meetings shall become property of the City of Meridian. Anyone
desiring accommodation for disabilities related to documents and/or hearings, please
contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting.
DATED this 11th day of March, 2001
WILLIAM G. BERG, JR., IT CLERK
PUBLISH 16th and the 30th of March, 2001
The Idaho
Statesman,
P.O. Box 40, Boise, Idaho 83707-0040
LEGAL ADVERTISING PROOF OF PUBLICATION
Account #
DTI#
Identification
Amount:
064514
416697
PUBLIC HEARING
$104.40
Ordered by:
P.O. #
Rate
Run Dates
NT
MARCH 16, 30, 2001
CITY OF MERIDIAN
Number of Lines
33 EAST IDAHO AVE.
65
MERIDIAN, ID 83642
Affidavit
Legal#
1
1
9858
LEGAL NOTICE
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the
Ordinances of the City of Meridian and the
Laws of the State of Idaho that the Planning
& Zoning Commission of the City of Meridian
will hold a public hearing at the Meridian City
hall, 33 East Idaho Avenue, Meridian, ID, at
the hour of 7 p.m. April 5, 2001, for the
purpose of reviewing andfconsidering. the
appplications of:
Eagle Concrete Pumping for a Condi-
tional Use Permit in a flood plain overlay
district generally located north of King St.,
east of 5th Ave., and west of Baltic Place;
Idaho Banking Company for a rezone
of 0.51 acres from R-4 to. L -O generally
located at 403 West Cherry Lane; s.
Hillview Land ,Development, LLC for
annexation and zoning of 28.59 acres from
RUT to R-8 and Preliminary Plat approval of
115 building lots and 15 other lots on
28,59acres in a proposed R$ zone for
proposed Macaile Meadows' Subdivision
generally located south of Fairview and west
of Cloverdale Roads;; .>
David Waldron for annexation and ion.
Ing of. 15 acres from RT to R-15; and a
Conditional aUse `;Permit `.; for .:'proposed
planned development Fountain :Park on 16
acres for apartments within a proposed
R-15 'zone generally located southeast, cor.
ner of Locust Grove and Wilson Lane; +.:
Meridian .Freeway Associates ",for ,'a
ter, generally located _onegifarter`mile ea
of Linder Road, north side of Overland Roat
Ronald and '.Coleen ; Schaub for
iocatea pia Norm menaian,Koaa;:
Dakota Company,. Inc fora Conditional
Use Permit for gasoline facility consisting of
a 3,612;square-foot;6nopy over:5 multf-
product dispensers, cashier's kiosk and
)arking lot improvements in a -C -G zone for
Fred Meyer Gasoline Facility generally
locatedd 1850.East Fairview Avenue;
11 ,Packard Estates. Development, LLC
for a Conditional Use Permit of 3 residential
lots to be developed as subdivision, pool,
clubhouse and recreation area in an RA
zone for Packard Subdivision generally
located north of East Fairview Avenue, west
of North Eagle Road on North Hickory Way.
Pub Mar.,16, 30,2001 9858
JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal
Clerk of The Idaho Statesman, a daily newspaper printed and published at
Boise, Ada County, State of Idaho, and having a general circulation therein, and
which said newspaper has been continuously and uninterruptedly published in
said County during a period of twelve consecutive months prior to the first
publication of the notice, a copy of which is attached hereto: that said notice
was published in The Idaho Statesman, in conformity with Section 60-108,
Idaho Code, as amended for: TWO
consecutive weekly =single
=consecutive daily odd skip
insertion(s)
beginning with the issue of: MARCH 1 6 , 2001
and ending with the issue of: MARCH 30, 2001
STATE OF IDAHO )
)SS
COUNTY OF ADA
On this 3 0 day of MARCH in the year of 2001
before me, a Notary Public, personally appeared before me Janice Hildreth
known or identified to me to be the person whose name subscribed to the
within instrument, and being by me first duly sworn, declared that the state-
ments therein are true, and acknowledged to me that she executed the same.
Notary Public for Idaho
Residing at: Boise, Idaho
My Commission expires:
TT 77711
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AYOR A Good Place to Live LEGAL DEPARTMENT
Ro D. Corrie (208) 288-2499 • Fax 288-2501
d I C YC NCIL MEMBERS y ,ITY OF MERTDL .N PUBLIC WORKS
BUILDING DEPARTMENT
on Anderson 33 EAST IDAHO (208) 887-2211 •Fax 887-1297
Keith Bird MERIDIAN, IDAHO 83642
Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING
City Clerk Office Fax (208) 888-4218 DEPARTMENT
,I
Cherie McCandless (208) 884-5533 • Fax 888-6854
I i
;ITRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
jI �
WITH THE CITY OF MERIDIAN
To insure,that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Hall
;Attn; Willi Berg , City�ClIe;rk,iby:March 29, 2001
� .!,Transmittal Date February 15, 2001 Hearing Date: April 5, 2001
!' ('''File No: CUP 01=0,04
Request'.' CUPfor Eagle' Concrete Pumping in the flood plain overlay district
i
By: Eagle Concrete Pumping
Location' of Property or: Project: north of King, east of 5th Avenue and west of Baltic Place
Sally Norton;,P/Z Meridian School District
Bill Nary, P/Z Meridian Post Office (FP/PP)
*ry,lcenters, P/Z r Ada County Highway, District
I'II Richard Hatcher, P2 Community g Plannin Assoc.
Keith Borup, P/Z Central District Health
�tebeq,C,orrie, Mayor - Nampa Meridian Irdg. District
Ron'Anderson, C/C Settlers Irrigation District
Ta,mray deWeerd, C/C Idaho Power Co. (FP/PP)
IK66pird, C/C U.S. West (FP/PP)
Cherie McCandless, C/C , Intermountain Gas (FP/PP)
Water Department Ada County (Annexation)
Sewer Department Idaho Transportation Department
I , � Sanrtary�Service '
Building Department in De Your Concise Remarks:
P
Fire Department
Police Department
City Engineer
City Planner
Parks Department (Residential Applications only)
Gen'- 26 PP/FP/PFP - 30 AZ - 27
RECEIVED
��
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I'
� � Irl, it ia, ' I
MAR 1321
i
i
I
CITY OF MERIDIAN
C ,
i
A
D. Come
A Good Place to Live
LEGAL DEPARTMENT
URo'ert
NCIL MEMBERS
n Anderson
CITYOF MERIT; AAN
33 EAST IDAHO
(208) 288-2499 •Fax 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
eith Bird
MERIDIAN, IDAHO 83642
(208) 887-2211 •Fax 887-1297
Tammy deWeerd
(208) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
Cherie McCandless
City Clerk Office Fax (208) 888-4218
DEPARTMENT
(208) 884-5533 • Fax 888.6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by:
March 29, 2001
Transmittal Date: February 15, 2001 Hearing Date: April 5, 2001
File No.: CUP 01-004
Request: CUP for Eagle Concrete Pumping in the flood plain overlay district
By: Eagle Concrete Pumping
Location of Property or Project: north of King, east of 5th Avenue and west of Baltic Place
Sally Norton, P/Z
Bill Nary, P/Z
Jerry Centers, P/Z
Richard Hatcher, P/Z
Keith Borup, P/Z
Robert Corrie, Mayor
Ron Anderson, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
--- 77—Water Department
Sewer Department
Sanitary Service
Building Department Your Concise Remarks:
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department (Residential Applications only)
Gen • 26 PP/FP/PFP .30 AZ .27
Meridian School District
Meridian Post Office (FP/PP)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (FP/PP)
U.S. West (FP/PP)
Intermountain Gas (FP/PP)
Ada County (Annexation)
Idaho Transportation Department
„1 T'l,
� _t I.0
jp
MAYOR
Robert D. Come
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Cherie McCandless
HUB OF TREASURE VALLEY ,
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 • Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
LEGAL DEPARTMENT
(208) 288-2499 • Fax 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208)887-2211 • Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 • Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by: March 29, 2001
Transmittal Date: February 15, 2001 Hearing Date: April 5, 2001
File No.: CUP 01-004
Request: CUP for Eagle Concrete Pumping in the flood plain overlay district
By: Eagle Concrete Pumping
Location of Property or Project: north of King, east of 5th Avenue and west of Baltic Place
Sally Norton, P/Z
Bill Nary, P/Z
Jerry Centers, P/Z
Richard Hatcher, P/Z
Keith Borup, P/Z
Robert Corrie, Mayor
Ron Anderson, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service
Building Department
Fire Department
Police Department
City Attorney
City Engineer
Meridian School District
Meridian Post Office (FP/PP)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (FP/PP)
U.S. West (FP/PP)
Intermountain Gas (FP/PP)
Ada County (Annexation)
Idaho Transportation Department
City Planner
Parks Department (Residential Applications only)
Gen -26 PP/FP/PFP-30 AZ -27
C , V
6 2
7
City of Meridian
02/27/2001 09:56 2088885052 SANITARY SERVICE PAGE 03
HUB OF TREASURE VALLEY
MAYOR
A Good Place t0 Live
Robert D. Come LEGAL DEPARTMENT(208) 288.2499 - Fax 288.2501
CITY COUNCIL MEMBERS CITY OF ME' RIDIAN PUBLIC WORKS
Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT
Keith Bird MERIDIAN, IDAHO 83642 (208) 887.2211 - Fax 887.1297
Tammy deWeerd (208) 888.4433 • Fax (203) 887.4813 PLANNING AND ZONING
Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT
(208) 884-5533 • Fax 883-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by: March 29, 2001
Transmittal Date: February 15, 2001 Hearing Date: April 5, 2001
File No.: CUP 01-004
Request: CUP for Eagle Concrete Pumping in the flood plain overlay district
By: Eagle Concrete Pumping
Location of Property or Project: north of King, east of 5th Avenue and west of Baltic Place
Sally Norton, P/.Z
Bill Nary, P/Z
Jerry Centers, P/Z
Richard Hatcher, P/Z
Keith Borup, P/Z
Robert Corrie, Mayor
Ron Anderson, C/C
�! Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service
Building Department Your Concise Remarks:
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department (Residential Applications only)
Gen .26 PPIFPIPFP • 3Q Ar .27
Meridian School District
Meridian Post Office (FP/PP)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (FP/PP)
U.S, West (FP/PP)
Intermountain Gas (FP/PP)
Ada County (Annexation)
Idaho Tra'i spunaa on Department
"te
� Ca�� E .11a
FEB 27 '01 10:13 2088885052 PAGE.03
CENTRAL
DisrRicT CENTRAL DISTRICT HEALTH H
HEALTH Environmental Health Division
DEPARTMENT
NT Return to:
❑ Boise
❑ Eagle
Conditional Use # P C) ( -- oo L -I
Preliminary / Final / Short Plat n
❑ Garden City
Jg' Meridian
❑ Kuna
❑ ACZ
❑ Star
A-1. We have No Objections to this Proposal. FEB 2 6 2001
❑ 2. We recommend Denial of this Proposal,
3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal,
❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
❑ high seasonal ground water ❑ waste flow characteristics
❑ or bedrock from original grade ❑ other
6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
8. After written approval from appropriate entities are submitted, we can approve this proposal for:
❑ central sewage ❑ community sewage system ❑ community water well
❑ interim sewage ❑ central water
❑ individual sewage ❑ individual water
❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
❑ central sewage ❑ community sewage system ❑ community water
❑ sewage dry lines ❑ central water
❑ 10. Run-off is not to create a mosquito breeding problem.
❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
❑ 13. We will require plans be submitted for a plan review for any:
❑ food establishment ❑ swimming pools or spas ❑ child care center
❑ beverage establishment ❑ grocery store
Date: -2 /07/o/
Reviewed By:Z
CDHo9M1kc Review Sheet
HUB OF TREASURE VALLEY
MAYOR
Robert D. Corrie
A Good Place tLi
o Live
LEGAL DEPARTMENT
CITY OF MERIDIAN
(208) 288-2499 • Fax 288-2501
CITY COUNCIL MEMBERS
PUBLIC WORKS
Ron Anderson
33 EAST IDAHO
BUILDING DEPARTMENT(208)
Keith Bird
MERIDIAN, IDAHO 83642
887.2211 •Fax 887-1297
Tammy deWeerd
(208) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
Cherie McCandless
City Clerk Office Fax (208) 888-4218
DEPARTMENT
(208) 884-5533 • Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by: March 29, 2001
Transmittal Date: February 15, 2001 Hearing Date: April 5, 2001
File No.: CUP 01-004
Request: CUP for Eagle Concrete Pumping in the flood plain overlay district
By: Eagle Concrete Pumping
Location of Property or Project: north of King, east of 5th Avenue and west of Baltic Place
Sally Norton, P/Z
Bill Nary, P/Z
Jerry Centers, P/Z
Richard Hatcher, P/Z
Keith Borup, P/Z
Robert Corrie, Mayor
Ron Anderson, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department (Residential Applications only)
Meridian School District
Meridian Post Office (FP/PP)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (FP/PP)
U.S. West (FP/PP)
Intermountain Gas (FP/PP)
Ada County (Annexation)
Idaho Transportation Department
Your Concise Remarks:
Gen -26 PP/FP/PFP - 30 AZ -27
11—
tECEIVED
CITY OF ME R 1DIAN,
HUB OF TREASURE VALLEY
MAYOR
Robert D. Come
A Good Place to Li
Live
LEGAL DEPARTMENT
CITY OF MERIDIAN
(208) 288-2499 • Fax 288-2501
CITY COUNCIL MEMBERS
PUBLIC WORKS
Ron Anderson
33 EAST IDAHO
BUILDING DEPARTMENT
Keith Bird
MERIDIAN ,IDAHO 83642
(208) 887-2211 • Fax 887-1297
Tammy deWeerd
(208) 888-4433 • Fax (208) 887-4813
PLANNING AND ZONING
Cherie McCandless
City Clerk Office Fax (208) 888-4218
DEPARTMENT
(208) 884-5533 • Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by:
March 29, 2001
Transmittal Date: February 15, 2001 Hearing Date: April 5, 2001
File No.: CUP 01-004
Request: CUP for Eagle Concrete Pumping in the flood plain overlay district
by: Cagie concrete Pumping
Location of Property or Project: north of King, east of 5th Avenue and west of Baltic Place
Sally Norton, P/Z
Bill Nary, P/Z
Jerry Centers, P/Z
Richard Hatcher, P/Z
Keith Borup, P/Z
Robert Corrie, Mayor
Ron Anderson, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service
Building Department
Fire Department
Police Department
Your Concise Remarks:
City Attorney 7`�?
City Engineer
City Planner
Parks Department (Residential Applications only)
Gen - 26 PP/FP/PFP - 30 AZ - 27
Meridian School District
Meridian Post Office (FP/PP)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (FP/PP)
U.S. West (FP/PP)
Intermountain Gas (FP/PP)
Ada County (Annexation)
Idaho Transportation Department
®'L- IP -01
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