HomeMy WebLinkAboutAimonetto, James L. CUP-00-024
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR TEMPORARY )
TRAILER IN I-L ZONE FOR 24 )
MONTHS LOCATED AT 2204 )
LANARK STREET, MERIDIAN, )
IDAHO )
)
JAMES AIMONETTO, )
APPLICANT. )
)
06-28~00
Case No. CUP-OO-024
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 June 20, 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
Matthew G~encoe, 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 tlle matter, the City
Council hereby malces 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 JAMES L. AIMONETTO ZONED I-L; (CUP-OO-024)
- 1
FINDINGS OF FACT
1. Anotice of a public hearing on the conditional use permit was published for
two (2) consecutive weeks prior to the said public hearing scheduled for June 20, 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 plior
to said healing 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
June 20, 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 Melidian 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 I-L zone, by reason of the
provisions of the Meridian City Code S 11-17-4, 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 JAMES L. AIMONETIO ZONED I-L! (CUP-OO-024)
- 2
4. The property is located at 2204 Lanark Street, Meridian, Idaho.
5. The owner of record of the subject property is James L. Aimonetto 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 -2.
8. The proposed application requests a conditional use permit for placement of
a temporary office trailer for 24 months. The I-L zoning designation within the City of
Meridian Zoning and Development Ordinance requires a conditional use permit be
obtained for most uses including those requested by the Applicant. (Meridian City Zoning
and Development Ordinance, Section 11-8-1).
9. The Meridian 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.
12. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY JAMES L. AIMONETTO ZONED I-L / (CUP-OO-024)
- 3
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 Sanitary sewer and water to this facility would be via existing service lines.
Assessments for sewer and water service are determined during the building
pennit application process. Applicant shall be required to enter into an
Assessment Agreement with the City of Meridian.
12.2 . No signage was submitted, and none is approved with this application.
SigIlage shall be subject to desigIl review and shall require separate permits.
No temporary banners, flags, or signage will be approved under this
conditional use permit.
12.3 The applicant shall be required to meet the setbacks of the I-L zone. The
temporary building shall be located a minimum of 35 feet from the front
property line.
12.4 The Evans Drain and Gruber Lateral are within/adjacent to the northern
portion of the property. The Evans Drain is the same drain that abuts R. C.
Willey and Wheel City. City Ordinance 12-4-13 requires the piping of all
existing irrigation/drainage ditches. The ditches to be piped shall be shown
on the site plans. 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.
Unless otherwise approved by City Council, the applicant shall be required
to submit a bid for the tiling and a letter of credit or cash in the amount of
110% of the cost of piping prior to obtaining occupancy of the temporary
building.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY JAMES L. AIMONETIO ZONED I-L! (CUP-OO-024)
- 4
12.5 All construction shall conform to the requirements of the Americans with
Disabilities Act.
12.6 No trash enclosure is shown on the plan. Applicant shall coordinate the
location and construction requirements of the required trash enclosure with
Meridian Sanitary Service, Inc., and provide a letter of approval from their
office when applying for a temporary Certificate of Zoning Compliance. All
trash areas are to be enclosed by a screening fence.
12.7 Submit a letter of plan approval from Ada County Highway District when
applying for a temporary Certificate of Zoning Compliance.
12.8 Future construction of the permanent building shall meet all Ordinance
requirements in existence at the time the building pennit is applied for.
12.9 This conditional use permit shall be subject to review upon ten (10) days
notice to the applicant. Transfer of the conditional use pennit shall be
submitted and approved by the Zoning Administrator for any new
owners/tenants.
12.10 Provide the Public Works and Fire Departments with information on the
method of fire protection to be used for the modular trailers.
12.11 Applicant shall obtain a temporary Certificate of Zoning Compliance and
Occupancy Certificate for the modular trailers.
12.12 A maximum twelve (12) month time extension (starting from date of
occupancy) shall be allowed.
12.13 This parcel is adjacent to the Union Pacific Railroad. This corridor is
designated as a multiple use pathway in the Meridian Comprehensive Plan.
Future plans to be submitted with the application for building permit shall
need to incorporate landscaping along this corridor.
12.14 The numbered notes shown do not match the site plan. When applying for
a temporary Certificate of Zoning Compliance, submit revised plan to
correct errors and incorporate additional conditions of approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY JAMES L. ;AIMONETTO ZONED I-L / (CUP-OO-024)
- 5
Adopt the Recommendations of the Central District Health Department as follows:
12.15 Applicant shall submit plans to CDHD for a food establishment.
12.16 Applicant shall contact Steve Elmer at CDHD for a preliminary plan review
of perishables storage area.
Adopt the Recommendations of the Fire Department as follows:
12.17 The lot shall withstand a 70,000 lb. Emergency vehicle.
Adopt the Recommendations of the Ada County Highway District as follows:
12.18 Future design plans and construction shall be in accordance with the ACHD
Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically
waived in writing by the District.
13. The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
13.1 The subject property is designated on the "Generalized Land Use Map" as
"Existing Urban".
14. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to be
harmonious. and appropriate in appearance or intended character of the general vicinity
and that such uses will not change the intended essential character of the same area.
15. The uses proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY JAMES L. AIMONETTO ZONED I-L! (CUP-OO-024)
- 6
16. The uses proposed within the subject application will be served adequately
by central public facilities and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
17. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
18. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act"
codified at Chapter 65, Title 67, Idaho Code (I.c. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY JAMES 1. AIMONETTO ZONED I-L / (CUP-OO-024)
- 7
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.
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 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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY JAMES L. AIMONETTO ZONED I-L! (CUP.OO-024)
- 8
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 a Light Industrial District (1- 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 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, translnit 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY JAMES L. AIMONETTO ZONED I-L / (CUP-OO-024)
- 9
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 permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY JAMES L..AIMONETTO ZONED I-L! (CUP-OO-024)
- 10
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION OF )
JAMES AIMONETTO FOR A CONDITIONAL )
USE PERMIT FOR TEMPORARY TRAILER IN )
I-L ZONE LOCATED AT 2204 LANARK )
STREET, MERIDIAN, IDAHO )
)
)
)
)
06-28-00
CASE NO. CUP-OO-024
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the yh day of July, 2000,
under the provisions of Meridian City Code s 11-17-4 for final action on conditional
use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
1. That the Applicant of the property is granted a conditional use permit for a
temporary office trailer for twelve (12) months, the proposed application request of
a conditional use permit for the construction, development, maintenance and use for
a temporary office trailer, as described in the "SITE PLAN, PROPOSED SITE PLAN
FORAIMONETTO &SONS, DRAWN BY: KEH, DATE: FEB.2000, CHECKED:
RH., JOB NO. 0005, SHEET NUMBERA-l.O (l OF 1), ARCHITECTURE
NORTHWEST, P.A.", for the development of the aforementioned temporary office
trailer, and which property is described as:
A parcelloc~ted in the southwest quarter of Section 8, Township 3 North, Range 1
East, Boise Meridian, and being a part of Lot 7 of Block 1 of Locust Grove Industrial
ORDER OF CONDITIONAL AFPROV AL OF CONDITIONAL USE PERMIT - PAGE 1 OF 5
BY JAMES AIMONEITO / CUP-OO-024
Park as shown in Book 41 of Plats at Page 3391 in the office of the Recorder, and
amended by Mfidavits recorded under Instrument No. S 7727098 and 97046598
records of Ada County, Idaho, more particularly described as follows:
Beginning at a 5/8 inch diameter iron pin marking the southwesterly corner of said
Lot 7; then<;e
North 00 Degree 00'4811 West along the westerly corner of said Lot 7 a distance of
421.47 feet to a 5/8 inch diameter iron pin marking the northwesterly corner of said
Lot 7; thence
South 88 Degrees 57'44" East along the northerly boundary of said Lot 7 a distance
of 225.71 feet to a 5/8 inch diameter iron pin; thence leaving said northerly
boundary;
South 00 Degree 00'4811 East a distance of 223.63 feet to a 5/8 inch diameter iron
pin; thence
South 89 Degrees 59'12" West a distance of 59.00 feet to a 5/8 inch diameter iron
pin; thence
South 00 Degrees 00148" East a distance of 100.00 feet to a 5/8 inch diameter iron
pin; thence
North 89 Degrees 59'12" East a distance of 54.00 feet to a 5/8 inch diameter iron
pin; thence
South 00 Degrees 00'481i East a distance of 74.05 feet to a 5/8 inch diameter iron pin
on the southerly boundary of said Lot 7; thence
along said southerly boundary the following described courses;
Thence 52.03 feet along the arc of 50.00 foot radius curve left, said curve having a
central angle of 59 Degrees 37'17" and a long chord bearing South 75 Degrees 01124"
West a distance of 49.71 feet to a 5/8 inch diameter iron pin; thence
15.50 feet along the arc of a 20.00 foot radius curve right, said curve having a central
angle of 44 Degrees 2415S' and a long chord bearing South 67 Degrees 24'511i West a
distance of 15.12 feet to a 5/8 inch diameter iron pin; thence
South 89 Degrees 37'1811 West a distance of 158.69 feet to the point of beginning.
2. That the above named applicant is granted a conditional use permit for a
temporary office trailer, located at 2204 Lanark 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:
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 5
BY JAMES AIMONETTO / CUP-OO-024
2.1 Sanitary sewer and water to this facility would be via existing service
lines. Assessments for sewer and water service are determined during the
building permit application process. Applicant shall be required to enter
into an Assessment Agreement with the City of Meridian.
2.2 No signage was submitted, and none is approved with this application.
Sign age shall be subject to design review and shall require separate
permits. No temporary banners, flags, or sign age will be approved under
this conditional use permit.
2.3 The applicant shall be required to meet the setbacks of the I-L zone.
The temporary building shall be located a minimum of 35 feet from the
front property line.
2.4 The Evans Drain and Grubber Lateral are within/adjacent to the
northern portion of the property. The Evans Drain is the same drain
that abuts R. C. Will ey and Wheel City. City Ordinance 12-4-13
requires the piping of all existing irrigation/drainage ditches. The ditches
to be piped shall be shown on the site plans. 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. Unless otherwise approved by City Council, the
applicant shall be required to submit a bid for the tiling and a letter of
credit or cash in the amount of 110% of the cost of piping prior to
obtaining occupancy of the temporary building.
2.5 All construction shall conform to the requirements of the Americans
with Disabilities Act.
2.6 No trash enclosure is shown on the plan. Applicant shall coordinate the
location and construction requirements of the required trash enclosure
with Meridian Sanitary Service, Inc., and provide a letter of approval
from their office when applying for a temporary Certificate of Zoning
Compliance. All trash areas are to be enclosed by a screening fence.
2.7 Submit a letter of plan approval from Ada County Highway District
when applying for a temporary Certificate of Zoning Compliance.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 5
BY JAMES AIMONETTO / CUP-OO-024
2.8 Future construction of the permanent building shall meet all Ordinance
requirements in existence at the time the building permit is applied for.
2.9 This conditional use permit shall be subject to review upon ten (10)
days notice to the applicant. Transfer of the conditional use permit shall
be submitted and approved by the Zoning Administrator for any new
owners/tenants.
2.10 Provide the Public Works and Fire Departments with information on
the method of fire protection to be used for the modular trailers.
2.11 Applicant shall obtain a temporary Certificate of Zoning Compliance
and Occupancy Certificate for the modular trailers.
2.12 A maximum twelve (12) month time extension (starting from date of
occupancy) shall be allowed.
2.13 This parcel is adjacent to the Union Pacific Railroad. This corridor is
designated as a multiple use pathway in the Meridian Comprehensive
Plan. Future plans to be submitted with the application for building
permit shall need to incorporate landscaping along this corridor.
2.14 The numbered notes shown do not match the site plan. When applying
for a temporary Certificate of Zoning Compliance, submit revised plan
to correct errors and incorporate additional conditions of approval.
Adopt the Recommendations of the Central District Health Department as
follows:
2.15 Applicant shall submit plans to CDHD for a food establishment.
2.16 Applicant shall contact Steve Elmer at CDHD for a preliminary plan
review of perishables storage area.
Adopt the Recommendations of the Fire Department as follows:
2.17 The lot shall withstand a 70,000 lb. Emergency vehicle.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 5
BY JAMES AIMONETTO / CUP-OO-024
Adopt the Recommendations of the Ada County Highway District as follows:
2.18 Future design plans and construction shall be in accordance with the
ACHD Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances
unless specifically waived in writing by the District.
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.
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By action of the City Council at its regular meeting held on the
of ~C<Lt;f- ,2000.
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ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 5
BY JAMES AIMONETTO / CUP-OO-024