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BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE APPEAL )
OF THE PLANNING AND ZONING )
ADMINISTRATOR'S DECISION TO )
REQUIRE A CONDITIONAL USE )
PERMIT AT BALTIC STREET IN THE )
MERIDIAN BUSINESS AND )
INDUSTRIAL PARI(, MERIDIAN, )
IDAHO )
)
BY: EAGLE CONCRETE PUMPING )
)
07-10-00
ORDER DENYING
APPEAL OF
PLANNING AND ZONING
ADMINISTRATOR'S
DECISION TO REQUIRE A
CONDITIONAL USE
PERMIT
This matter coming before the City Council on July 5,2000, at the hour of
7:30 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, upon
the appeal of Eagle Concrete Pumping, and the Council having received the Appeal
Application form, and the record in this matter, and having heard the arguments and
presentation of Shari Stiles, Planning and Zoning Administrator, and Rod Eisele of
Eagle Concrete Pumping, the Applicant, and being fully advised in the premises
issues the following Findings of Fact and Conclusions of Law and Decision and
Order:
ORDER DENYING APPEAL OF PLANNING -
AND ZONING ADMINISTRATOR'S DECISION TO REQUIRE A
CONDITIONAL USE PERMIT AND ORDER OF REMAND
EAGLE CONCRETE PUMPING (BY: ROD Eisele) !
PAGE 1 OF 5
FINDINGS OF FACT
I. Rod Eisele, Eagle Concrete Pumping, submitted for approval, to the
Planning and Zoning Administrator, an application for an appeal of the Planning and
Zoning Administrator's decision to require a conditional use permit for Eagle
Concrete Pumping at Baltic Street in the Meridian Business and Industrial Park
located within the lOa-year floodplain of Five Mile Creek and in an I-L zone.
2. The Planning and Zoning Administrator's office denied the application
for Eagle Concrete Pumping upon the basis that a conditional use permit would be
required for a concrete tilt-up facility, even though it is a permitted use in the I-L
zone, because the site is completely within the IOOwyear floodplain of Five Mile
Creek, and is therefore also regulated by the Floodplain District, Chapter II of the
Meridian Zoning Ordinance.
3. Rod Eisele, Eagle Concrete Pumping, timely filed an appeal of the
Administrator's determination and decision for hearing before the City Council.
4. The concrete tiltwup facility would be built on the parcel at Baltic Street
in the Meridian Business and Industrial Park, which site is completely within the
100wyear floodplain of Five Mile Creek, and is therefore also regulated by the
Floodplain District, Chapter 11 of the Meridian Zoning Ordinance.
5. Subject to the conditions of Finding no. 4, herein, the proposed use of a
ORDER DENYING APPEAL OF PLANNING -
AND ZONING ADMINISTRATOR'S DECISION TO REQUIRE A
CONDITIONAL USE PERMIT AND ORDER OF REMAND
EAGLE CONCRETE PUMPING (BY: ROD Eisele)
PAGE 2 OF 5
concrete tilt-up facility does require a conditional use permit because the site is
completely within the 100-year floodplain of Five Mile Creek, and is therefore also
regulated by the Floodplain District, Chapter II of the Meridian Zoning Ordinance,
and the proposed structure shall be required to obtain a conditional use permit as per
the ordinance, therefore the decision of the Administrator of denial is affirmed.
CONCLUSIONS OF LAW
1. The City of Meridian has duly enacted the following ordinance
provisions regulating rental facilities as follows:
1.1 All structures within floodplains throughout the City of Meridian
shall be required to adhere to the ordinance in the Floodplain
District, Chapter 11 of the Meridian Zoning Ordinance.
2. The City ordinances provide at Meridian City Code S 11-3-4 for an
appeal, hearing and review by the City Council of an order, requirement, decision,
interpretation or determination by the Planning and Zoning Administrator.
DECISION AND ORDER DENYING APPEAL OF PLANNING AND ZONING
ADMINISTRATOR'S DECISION TO REQUIRE A CONDITIONAL USE
PERMIT FORA CONCRETE TILT~UP FACILITY AT BALTIC STREET IN
THE MERIDIAN BUSINESS AND INDUSTRIAL PARl( OF ROD EISELE,
EAGLE CONCRETE PUMPING
Based upon the above and foregoing Findings of Fact and Conclusions of Law
IT IS HEREBY ORDERED AND THIS DOES ORDER THAT:
ORDER DENYING APPEAL OF PLANNING -
AND ZONING ADMINISTRATOR'S DECISION TO REQUIRE A
CONDITIONAL USE PERMIT AND ORDER OF REMAND
EAGLE CONCRETE PUMPING (BY; ROD Eisele)
PAGE 3 OF 5
I. The decision of the Planning and Zoning Administrator of denial of the
concrete pumping facility is based upon the grounds that a conditional use permit
would be required for a concrete tilt-up facility as it is completely within the 100-year
floodplain of Five Mile Cree, and is therefore also regulated by the Floodplain
District, Chapter II of the Meridian Zoning Ordinance, but is denied upon the
condition that the concrete tilt-up facility would require a conditional use permit in
the I-L zone because the site is completely within the 100~year floodplain of Five
Mile Creek, and is therefore also regulated by the Floodplain District, Chapter 11 of
the Meridian Zoning Ordinance.
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 & 67w652I an affected person being a person
who has an interest in real property which may be adversely affected by the denial of
the appeal 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.
a.ff.-.
By action of the City Council at its regular meeting held on the 117 -- day of
cT~
,2000.
ORDER DENYING APPEAL OF PLANNING -
AND ZONING ADMINISTRATOR'S DECISION TO REQUIRE A
CONDITIONAL USE PERMIT AND ORDER OF REMAND
EAGLE CONCRETE PUMPING (BY: ROD Eisele)
PAGE 4 OF 5
ROLL CALL:
COUNCILMAN ANDERSON
VOTED lfetc
COUNCILMAN BIRD
VOTED~
COUNCILPERSON deWEERD
VOTED~
COUNCILPERSON McCANDLESS
VOTED*
-
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: -7--1 B -00
MOTION:
APPROVED:
~
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Work~ \"',." '"
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Department and the City Attorney. "i,i.\\ Of MEfl/,ii;,)
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Dated:
msglZ:\Work\M\Meridian l5360M\Eagle Concrete Pumping Appeal\ORDERDenyingAppeaLwpd
ORDER DENYING APPEAL OF PLANNING -
AND ZONING ADMINISTRATOR'S DECISION TO REQUIRE A
CONDITIONAL USE PERMIT AND ORDER OF REMAND
EAGLE CONCRETE PUMPING (BY: ROD Eisele)
PAGE 5 OF 5