HomeMy WebLinkAboutH&W Inc CUP-00-031
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR 2 )
OFFICE/W AREHOUSE )
BUILDINGS ON 4.13 ACRES IN )
I-L ZONE LOCATED AT THE )
NORTHWEST CORNER OF )
FRANKLINROADANDW.I0TH )
STREET, MERIDIAN, IDAHO )
)
H & W, INC., )
APPLICANT. )
)
07 -10-00
Case No. CUP-OO-031
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERl\t1IT
The above entitled conditional use permit application having come before
the City Council on July 5,2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East
Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator,
appeared and testified, and appearing and testifying on behalf of the Applicant was Ron
Whitney, and the City Council having duly considered the evidence and the record in this
matter and the Recommendations to City Council issued by the Planning and Zoning
Commission who conducted a public hearing and the Council having heard and taken oral
and written testimony, and having duly considered the matter, the City Council hereby
makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY H & W, INC.; (CUP-OO-031)
- 1
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 July 5, 2000,
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
July 5, 2000, 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 S67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as
evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of
Posting filed with the staff report.
3. This proposed development request is in an Light Industrial Zone (I-L), by
reason of the provisions of the Meridian City Code S 11-17 A, a public hearing was
required before the City Council on this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY H & W, INC.; (CUP-OO-03I)
- 2
4. The property is located at the northwest corner of Franklin Road and
W.I0th Street, Meridian, Idaho.
5. The owner of record of the subject property is H&W, Inc. of Boise.
6. Applicant is owner of record.
7. The subject property is currently zoned I-L. The zoning district of I-L is
defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-
2N.
8. The proposed application requests a conditional use pennit for 2
office/warehouse buildings on a single lot. The I-L zoning designation vvithin the City of
Meridian Zoning and Development Ordinance requires a conditional use permit be
obtained for most uses including those requested by the Applicant. (Meridian City Zoning
and Development Ordinance, Section 11-8-1).
9. The Meridian Planning and Zoning Commission 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY H & W, INC.; (CUP-OO-031)
- 3
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:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
12.1 Off-street parking shall be provided in accordance with Section 11-13-4 of
the City of Meridian Zoning and Development Ordinance and/or as detailed
in site-specific comments.
12.2 Paving and striping shall be in accordance with the standards set forth in
Sections 11-13-4 of the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities Act (ADA)
requirements.
12.3 A drainage plan designed by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91)
for all off-street parking areas. All site drainage shall be contained and
disposed of on-site.
12.4 Outside lighting shall be designed and placed so as to not direct illumination
on any nearby residential areas and in accordance with City Ordinance
Section 11-13-4-C.
12.5 All signage shall be in accordance with the standards set forth in Section 11-
14 of the City of Meridian Zoning and Development Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY H & W, INC.; (CUP.OO-03I)
- 4
12.6 Determine the seasonal high groundwater elevation, and submit a profile of
the subsurface soil conditions as prepared by a soil scientist with the design
of site drainage plan.
12.7 Provide sidewalks in accordance with City Ordinance Section 12-5-2.
12.8 All construction shall conform to the requirements of the Americans with
Disabilities Act.
12.9 Sanitary sewer and water service to this site is planned to be provided by
extending service lines to the proposed building site.
12.10 Assessment fees for water and sewer service are determined during the
building plan review process. Applicant shall be required to enter into a Re-
Assessment Agreement with the City of Meridian for all commercial uses.
12.11 The proposed plan shows that tl1e buildings include warehouse, shop, office,
and showroom areas. However no details are provided about the actual use
of the structures, anticipated tenants, etc. Applicant shall provide this
. information to determine if the proposed uses are permitted, or if they
require conditional use approval with this application. Are there any
commerciaVretail uses that are proposed in any of the structures?
12.12 Franklin Road is designated as an entryway corridor in the Comprehensive
Plan. A 35-foot landscape setbaclc is required beyond all road right-of-way.
This requirement is met by the proposed plan. The ground of the landscape
setback shall be planted with lawn, low shrubs, or other vegetative
groundcover, rather than just bark as the plan suggests.
12.13 As a PD, a minimum of 10% of the gross land area must be open space. The
gross land area of the site is 179,902 sJ. The total area of the site in
landscaping and other non-paved or non-building uses is 50,745 sJ. (28%).
However, a large portion of this is the Eight Mile Lateral and its associated
easement and is outside of the site security fence. The Applicant shall
calculate the total landscape area within the site fence boundaries as a
percentage of the total site area to demonstrate compliance. This calculation
is not shown on the plan.
12.14 The drive aisle on the east side of building 1 is only 13.5 feet wide. City
Ordinance requires 25-foot wide minimum drive aisles for two-way traffic.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY H & W, INC.; (CUP.OO-031)
- 5
If clearly marked as one-way, drive aisles may go down to 13 feet for
standard vehicles. However, it is unlikely that this would provide enough
room for the large-truck traffic that will frequent the site. Any drive aisle less
than 25 feet wide must be clearly posted as one-way. The Fire Marshall
typically requires a minimum of 20 feet for fire access. The proposed drive
aisle is subject to fire department approval.
12.15 Parking spaces must be 9' X 19' minimum, with a 25' driveway by City
Ordinance. The proposed plan shows 9' X 18' stalls, with a 26' driveway.
Modification of the parking layout shall be as follows: The 18-foot stalls
against the planters are OK, because they have room for cars to overhang.
However, the stalls against the sidewalks shall be a full 19 feet, or the
sidewalk shall be 7 -foot wide min. to allow 2 feet of overhang, plus a 5-foot
clear walking area. Removing the westernmost parking stall shown against
the southeast side of building one shall provide a 25' clear drive aisle and
maneuvering room parking aisles.
12.16 Based on the total amount of office/showroom space (23,000 sJ.) and
warehouse/shop space (31,200 sJ.) in the two buildings, a total of 90 spaces,
plus one for each company vehicle, shall be required. A total of 96 are
shown, which meets the minimum requirement with up to 6 company
vehicles. (If one space is removed, it will pennit up to 5 company vehicles).
Applicant shall verify that this is adequate for the anticipated number of
company vehicles.
12.17 One (1) three-inch (3") caliper tree is required per 1,500 sq. ft. of asphalt on
the site as per City Ordinance. The "Project Data" on the Site/Landscape
Plan (SheetAl) cites a total of 76,680 sJ. of asphalt area, which requires 51
trees. Sixty trees are proposed on the landscape plan. However, many are not
3" caliper. Standard policy is that if the applicant cannot provide the
required number of 3" caliper trees and wishes to use smaller trees, 110% of
the total caliper-inches required (51 trees X 3 inches X 110% = 168.3 total
caliper-inches). Applicant shall provide the calculation for the total caliper-
inches proposed on site. Modify the street tree pattern along Franklin Road
to include at least two species, so that if one species is affected by pests or
disease, it is less likely to spread and affect the other trees.
12.18 Coordinate a screened trash enclosure location for each building and
construction requirements with Sanitary Service Company and provide a
letter of approval from their office to Planning & Zoning when applying for
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY H & W, INC. / (CUP-OO-03 I)
- 6
a Certificate of Zoning Compliance. All trash areas are to be enclosed by a
screening fence on at least three (3) sides. No trash enclosures are currently
shown on the plan. Applicant shall be required to show the proposed trash
enclosure locations.
12.19 Handicap parking, associated signage and building constnlction shall meet
the requirements of the Americans with Disabilities Act.
12.20 No signage is proposed with the application. Limitation of signs to a single
freestanding monument, not to exceed 72 s.f, plus standard on-building
signage is required. All signage is subject to design review and requires
separate permits.
13. The proposed uses within the subject application will be hannonious
vvith 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
"Commercial" .
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY H & W, INC.; (CUP-OO-031)
- 7
17. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
18. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (I.c. s67-6503).
2. The Meridian City Council may exercise all the powers required and
authorized under the "Act" except the power to adopt ordinances by the establishment of
a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-
6504 which the City Council of the City of Meridian has established by the passage of the
"City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I,
Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and
notice provision required, provide for the process of special and/or conditional use permits
which a proposed use is otherwise prohibited by the terms of the ordinance but allowed
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY H & W, INC.; (CUP-OO-031)
- 8
with conditions under the specific provisions of the ordinance which the City of Meridian
has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the
same that the evidential showing supports the finding that the following standards are met
and that the proposed development: (Meridian City Code S 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 hannonious
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY H & W, INC.; (CUP-OO-031)
- 9
5. Prior to granting a conditional use permit in a Light Industrial District (I"L),
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 S 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 witllout 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 S 11-17-6)
7. When the City Council approves a conditional use pennit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY H & W, INC.; (CUP.OO-031)
-10
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained properly;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Requir~ 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 2
office/warehouse buildings on 4.13 acres, subject to the following conditions of use and
development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1.1 Off-street parking shall be provided in accordance with Section 11-13-4 of
the City of Meridian Zoning and Development Ordinance and/or as detailed
in siteNspecific comments.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY H & W, INC.; (CUP-OO-031)
- 11
1.2 Paving and striping shall be in accordance with the standards set forth in
Sections 11-13-4 of the City of Meridian Zoning and Development
Ordinance and in accordance with Americans with Disabilities Act (ADA)
requirements.
1.3 A drainage plan designed by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91)
for all off-street parking areas. All site drainage shall be contained and
disposed of on-site.
1.4 Outside lighting shall be designed and placed so as to not direct illumination
on any nearby residential areas and in accordance with City Ordinance
Section 11 ~ 13-4-C.
1.5 All signage shall be in accordance with the standards set forth in Section 11-
14 of the City of Meridian Zoning and Development Ordinance.
1.6 Determine the seasonal high groundwater elevation, and submit a profile of
the subsurface soil conditions as prepared by a soil scientist with the design
of site drainage plan.
1.7 Provide sidewalks in accordance with City Ordinance Section 12-5-2.
1.8 All construction shall conform to the requirements of the Americans with
Disabilities Act.
1.9 Sanitary sewer and water service to this site is planned to be provided by
extending service lines to the proposed building site.
1.10 Assessment fees for water and sewer service are determined during the
building plan review process. Applicant shall be required to enter into a Re-
Assessment Agreement with the City of Meridian for all commercial uses.
1.11 The proposed plan shows that the buildings include warehouse, shop, office,
and showroom areas. However no details are provided about the actual use
of the structures, anticipated tenants, etc. Applicant shall provide this
information to detennine if the proposed uses are permitted, or if they
require conditional use approval with this application. Are there any
commerciaVretail uses that are proposed in any of the structures?
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY H & W, INC.; (CUP-OO-031)
- 12
1.12 Franklin Road is designated as an entryway corridor in the Comprehensive
Plan. A 35-foot landscape setback is required beyond all road right-of-way.
This requirement is met by the proposed plan. The ground of the landscape
setback shall be planted with lawn, low shrubs, or other vegetative
groundcover, rather than just bark as the plan suggests.
1.13 As a PD, a minimum of 10% of the gross land area must be open space. The
gross land area of the site is 179,902 sJ. The total area of the site in
landscaping and other non-paved or non-building uses is 50,745 sJ. (28%).
However, a large portion of this is the Eight Mile Lateral and its associated
easement and is outside of the site security fence. The Applicant shall
calculate the total landscape area within the site fence boundaries as a
percentage of the total site area to demonstrate compliance. This calculation
is not shown on the plan.
1.14 The drive aisle on the east side of building 1 is only 13.5 feet wide. City
Ordinance requires 25-foot wide minimum drive aisles for two-way traffic.
If clearly marked as one-way, drive aisles may go down to 13 feet for
standard vehicles. However, it is unlikely that this would provide enough
room for the large-trucl<. traffic that will frequent the site. Any drive aisle less
than 25 feet wide must be clearly posted as one-way. The Fire Marshall
typically requires a minimum of 20 feet for fire access. The proposed drive
aisle is subject to fire department approval.
1.15 Parking spaces must be 9' X 19' minimum, with a 25' driveway by City
Ordinance. The proposed plan shows 9' X 18' stalls, with a 26' driveway.
Modification of the parking layout shall be as follows: The I8-foot stalls
against the planters are OK, because they have room for cars to overhang.
However, the stalls against the sidewalks shall be a full 19 feet, or the
sidewalk shall be 7 -foot wide min. to allow 2 feet of overhang, plus a 5-foot
clear walking area. Removing the westernmost parking stall shown against
the southeast side of building one shall provide a 25' clear drive aisle and
maneuvering room parking aisles.
1.16 Based on the total amount of office/showroom space (23,000 sJ.) and
warehouse/shop space (31,200 sJ.) in the two buildings, a total of 90 spaces,
plus one for each company vehicle, shall be required. A total of 96 are
shown, which meets the minimum requirement with up to 6 company
vehicles. (If one space is removed, it will pennit up to 5 company vehicles).
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY H & W, INC / (CUP-OO-031)
- 13
Applicant shall verify that this is adequate for the anticipated number of
company vehicles.
1.17 One (I) three-inch (3") caliper tree is required per 1 ,500 sq. ft. of asphalt on
the site as per City Ordinance. The "Project Data" on the Site/Landscape
Plan (Sheet Al) cites a total of 76,680 sJ. of asphalt area, which requires 51
trees. Sixty trees are proposed on the landscape plan. However, many are not
3" caliper. Standard policy is that if the applicant cannot provide the
required number of 3" caliper trees and wishes to use smaller trees, 110% of
the total caliper-inches required (51 trees X 3 inches X 110% = 168.3 total
caliper-inches). Applicant shall provide the calculation for the total caliper-
inches proposed on site. Modify the street tree pattern along Franklin Road
to include at least two species, so that if one species is affected by pests or
disease, it is less likely to spread and affect the other trees.
1.18 Coordinate a screened trash enclosure location for each building and
construction requirements with Sanitary Service Company and provide a
letter of approval from their office to Planning & Zoning when applying for
a Certificate of Zoning Compliance. All trash areas are to be enclosed by a
screening fence on at least three (3) sides. No trash enclosures are currently
shown on the plan. Applicant shall be required to show the proposed trash
enclosure locations.
1.19 Handicap parking, associated signage and building construction shall meet
the requirements of the Americans with Disabilities Act.
1.20 No signage is proposed with the application. Limitation of signs to a single
freestanding monument, not to exceed 72 sJ, plus standard on-building
signage is required. All signage is subject to design review and requires
separate permits.
2. The conditions shall be reviewable by the Council pursuant to Meridian City
Code S 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY H & W, INC. ; (CUP-OO-03l)
. 14
4. That the City Attorney draft an Order Granting Conditional Use Permit in
accordance with this Decision, which shall be signed by the Mayor and City Clerk and
then a copy served by the Clerk upon the applicant, the Planning and Zoning
Department, the Public 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 S 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit may within twenty-eight (28) days after the date of this
decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the
'~f6,
I U day
of
.~
'C/t J- ,2000.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED~
COUNCILPERSON KEITH BIRD
VOTED-----fjj!--
VOTED -f;k-^-
VOTED$~
COUNCILMAN TAMMY deWEERD
COUNCILMAN CHERIE McCANDLESS
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY H & W, INC.; (CUP-OO-031)
- 15
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: 7--IB~{}O
MOTION:
APPROVE~
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By: ~,~~?C)
City Clerk ?
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY H & W, INC.; (CUP-OO-031)
- 16
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF )
H & W, INC., FORA CONDITIONAL USE )
PERMIT FOR 2 OFFICE/W AREHOUSE )
BUILDINGS ON 4.13 ACRES IN I-L ZONE )
LOCATED AT THE NORTHWEST CORNER )
OF FRANKLIN ROAD AND W. 10TH STREET, )
MERIDIAN, IDAHO )
)
)
)
07-10-00
CASE NO. CUP-OO-031
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 18th day of July, 2000,
under the provisions of Meridian City Code s 11-17 A for final action on conditional
use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
1. That the Applicant of the property is granted a conditional use permit for 2
office/warehouse buildings on 4.13 acres, the proposed application request of a
conditional use permit for the construction, development, maintenance and use for 2
office/warehouse buildings on 4.13 acres, as described in the SITE/LANDSCAPE
PLAN, JOB #0008, SHEET A-I, DATE: 4/28/00, NEW FACILITY FOR:
HEARTWOOD L.L.c., BY: JAMES T. GLANCEY, A.I.A. OF H ARCHITECT, H &
W, Inc., Developer, for the development of the aforementioned commercial
development for a commercial development consisting of 2 office/warehouse buildings
on 4.13 acres, and which property is described as:
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 6
BY H & W, INC. / CUP-OO-031
A parcel of land lying in the southeast 1/4 of the southwest 1/4 of Section 12,
Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho,
more particularly described as follows:
Commencing at the southwest corner of the southeast 1/4 of the southwest 1/4 of
Section 12, Township 3 North, Range 1 West, Boise Meridian, thence
North 00 degree 01'25" West, 42.00 feet to a point of the northerly right of way of
W. Franklin Road, said point being the Point of Beginning of this description; thence
continuing
North 00 degree 01'25'1 West, 337.98 feet to a point on the centerline of the eight
mile lateral; thence
South 00 degrees 32' 4011 East, 250.56 feet along said centerline to a point; thence
North 01 degrees 47'54" East, 39.03 feet along the said centerline to a point of
curvature; thence along said centerline along a curve to the right 75.72 feet; said
curve having a radius of 142.96 feet, a central angle of 30 degrees 20'53", tangents of
38.77 feet, and a long chord which bears
South 03 degrees 02'30" East, 74.84 feet to a point of compound curvature; thence
along said centerline along a curve to the right 90.45 feet, said curve having a radius
of 172.29 feet, a central angle of 30 degrees 04'83", tangents of 48.30 feet, and a long
chord which bears
South 52 degrees 49'37" East, 89.42 feet to a point of tangency; thence
South 37 degrees 47' 11" East, 159.28 feet along said centerline to a point; thence
South 55 degrees 58'15" East, 121.56 feet along said centerline to a point on the
westerly right of way of Tenth Street West; thence
South 00 degrees 01'22" East, 44.03 feet along said westerly right of way to a point of
curvature; thence along said westerly right of way along a curve to the right 10.68
feet, said curve having a radius of 50.00 feet, a central angel of 12 degrees 13' 59",
tangents of 5.38 feet, and a long chord which bears
South 06 degrees 05'37" West, 10.56 feet to a point; thence
South 41 degrees 42'25" West, 36.84 feet along said westerly right of way to a point
on the norq1erly right of way of W. Franldin Road; thence
North 59 degrees 48'00" West, 607.23 feet along said northerly right of way to the
Real Point of Beginning of this description.
2. That the above named applicant is granted a conditional use permit for 2
office/warehouse buildings on 4.13 acres, located at the northwest corner of Franldin
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 6
BY H & W, INC. / CUP-OO-031
Road and W. 10th Street, 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 Off-street parking shall be provided in accordance with Section 11-13-4 of the
City of Meridian Zoning and Development Ordinance and/or as detailed in site-
specific comments.
2.2 Paving and striping shall be in accordance with the standards set forth in
Sections 11-13-4 of the City of Meridian Zoning and Development Ordinance
and in accordance with Americans with Disabilities Act (ADA) requirements.
2.3 A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all
off-street parking areas. All site drainage shall be contained and disposed of on-
site.
2.4 Outside lighting shall be designed and placed so as to not direct illumination on
any nearby residential areas and in accordance with City Ordinance Section 11-
13-4-C
2.5 All signage shall be in accordance with the standards set forth in Section 11-14
of the City of Meridian Zoning and Development Ordinance.
2.6 Determine the seasonal high groundwater elevation, and submit a profile of the
subsurface soil conditions as prepared by a soil scientist with the design of site
drainage plan.
2.7 Provide sidewalks in accordance with City Ordinance Section 12-5-2.
2.8 All construction shall conform to the requirements of the Americans with
Disabilities Act.
2.9 Sanitary sewer and water service to this site is planned to be provided by
extending service lines to the proposed building site.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 6
BY H & W, INe. / CUP-OO-031
2.10 Assessment fees for water and sewer service are determined during the building
plan review process. Applicant shall be required to enter into aRe-Assessment
Agreement with the City of Meridian for all commercial uses.
2.11 The proposed plan shows that the buildings include warehouse, shop, office,
and showroom areas. However no details are provided about the actual use of
the structures, anticipated tenants, etc. Applicant shall provide this information
to determine if the proposed uses are permitted, or if they require conditional
use approval with this application. Are there any commercial/retail uses that are
proposed in any of the structures?
2.12 Franklin Road is designated as an entryway corridor in the Comprehensive
Plan. A 35-foot landscape setback is required beyond all road right-of-way. This
requirement is met by the proposed plan. The ground of the landscape setback
shall be planted with lawn, low shrubs, or other vegetative groundcover, rather
than just bark as the plan suggests.
2.13 As a PD, a minimum of 10% of the gross land area must be open space. The
gross land area of the site is 179,902 s.f. The total area of the site in
landscaping and other non-paved or non-building uses is 50,745 s.f. (28%).
However, a large portion of this is the Eight Mile Lateral and its associated
easement and is outside of the site security fence. The Applicant shall calculate
the total landscape area within the site fence boundaries as a percentage of the
total site area to demonstrate compliance. This calculation is not shown on the
plan.
2.14 The ddve aisle on the east side of building 1 is only 13.5 feet wide. City
Ordinance requires 25-foot wide minimum drive aisles for two-way traffic. If
clearly marked as one-way, drive aisles may go dovvn to 13 feet for standard
vehicles. However, it is unlikely that this would provide enough room for the
large-truck traffic that will frequent the site. Any drive aisle less than 25 feet
wide must be clearly posted as one-way. The Fire Marshall typically requires a
minimum of 20 feet for fire access. The proposed drive aisle is subject to fire
department approval.
2.15 Parking spaces must be 9' X 19' minimum, with a 25' driveway by City
Ordinance. The proposed plan shows 9' X 18' stalls, with a 26' driveway.
Modification of the parking layout shall be as follows: The 18-foot stalls against
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 6
BY H & W, INC.! CUP-OO-031
the planters are OK, because they have room for cars to overhang. However, the
stalls against the sidewalks shall be a full 19 feet, or the sidewalk shall be 7 -foot
wide min. to allow 2 feet of overhang, plus a 5-foot clear walking area.
Removing the westernmost parking stall shown against the southeast side of
building one shall provide a 25' clear drive aisle and maneuvering room parking
aisles.
2.16 Based on the total amount of office/showroom space (23,000 sJ.) and
warehouse/shop space (31,200 sJ.) in the two buildings, a total of 90 spaces,
plus one for each company vehicle, shall be required. A total of 96 are shown,
which meets the minimum requirement with up to 6 company vehicles. (If one
space is removed, it will permit up to 5 company vehicles). Applicant shall
verify that this is adequate for the anticipated number of company vehicles.
2.17 One (1) three-inch (3") caliper tree is required per 1 ,500 sq. ft. of asphalt on
the site as per City Ordinance. The "Project Data" on the Site/Landscape Plan
(Sheet AI) cites a total of 76,680 s.f. of asphalt area, which requires 51 trees.
Sixty trees are proposed on the landscape plan. However, many are not 3"
caliper. Standard policy is that if the applicant cannot provide the required
number of 3" caliper trees and wishes to use smaller trees, 110% of the total
caliper-inches required (51 trees X 3 inches X 110% = 168.3 total caliper-
inches). Applicant shall provide the calculation for the total caliper-inches
proposed on site. Modify the street tree pattern along Franklin Road to include
at least two species, so that if one species is affected by pests or disease, it is
less likely to spread and affect the other trees.
2.18 Coordinate a screened trash enclosure location for each building and
construction requirements with Sanitary Service Company and provide a letter
of approval from their office to Planning & Zoning when applying for a
Certificate of Zoning Compliance. All trash areas are to be enclosed by a
screening fence on at least three (3) sides. No trash enclosures are currently
shovvn on the plan. Applicant shall be required to show the proposed trash
enclosure locations.
2.19 Handicap parking, associated signage and building construction shall meet the
requirements of the Americans with Disabilities Act.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 6
BY H & W, INC. / CUP-OO-031
2.20 No signage is proposed with the application. Limitation of signs to a single
freestanding monument, not to exceed 72 s.f, plus standard on-building signage
is required. All signage is subject to design review and requires separate permits.
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 s 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
c7~ ,2000.
18~ dayof
t D. Corrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
~~?fl /f"E~
By: '/~ f::;ICt.-/7
City Clerk iJ
Dated:
?--( ~tJO
msg/Z:\Work\M\Meridian 15360M\H & W, INe. CUP\CUPOrder31
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 6 OF 6
BY H & W, INC. / CUP-OO-031