HomeMy WebLinkAboutTreasure Valley Business Park No. 1 CUP-02-036
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT APROV AL FOR
TREASURE VALLEY BUSINESS
PARK PHASE 1 IN AN I-L ZONE,
LOCATED ON THE SOUTHWEST
CORNER OF N. EAGLE ROAD
AND E. FAIRVIEW AVENUE,
MERIDIAN, IDAHO
CLARK DEVELOPMENT,
APPLICANT
C/C 12/17/02
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. CUP-02-036
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 December 17,2002 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Planning Director for the Planning and
Zoning Department, and Billy Ray Strite, appeared and testified, 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
1. A notice of a public hearing on the conditional use permit was published for two
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1
(2) consecutive weeks prior to the said public hearing scheduled for December 17, 2002, 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 December 17, 2002, public hearings; 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 967-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. This proposed development request is in an I-L zone and by reason ofthe
provisions of the Meridian City Code S 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located on the southwest comer ofN. Eagle Road an9- E. Fairview
Avenue, Meridian, Idaho.
5. The owner of record of the subject property is Gemtone, Inc., P.O. Box 2727,
Boise, Idaho 83701,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2
6. Applicant is Clark Development, 479 Main Street, Boise, Idaho 83702.
7. The subject property is currently zoned I-L (Light Industrial), The zoning district
ofI-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 a multi-building
office/restaurant complex in an I-L zone. Planned Developments to allow multiple buildings on a
single lot are approved through the conditional use permit process per MCC 11-8-1.
9. The Meridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive Plan.
10. The use proposed within the 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Specific Comments (Conditional Use Permit)
1. Applicant shall meet all of the requirements of the preliminary as a condition of the
Conditional Use Permit.
2. Applicant shall apply for a planned sign program in order to accommodate off-
premise signage for Lots 30 and 16, which do not have direct lot frontage to any
public right of way.
3. Bike racks shall be required to be installed for each building prior to occupancy.
4. All development and construction shall comply with the Americans with Disabilities
Act.
5. All parking and circulation within the project shall be in compliance with
MCC 11-13.
6. Applicant shall work with the Meridian Police Department, Idaho Transportation
Department and the Ada County Highway District on a traffic control plan for the
grand opening ofthe Krispy Kreme doughnut shop. The Applicant shall have the plan
approved by the Meridian Police Department, which plan would pertain to the first
90 days only of operation and include reimbursement fees to the MPD, and
additionally, the Applicant shall submit the traffic control plan to the Planning and
Zoning Department for their review for compliance.
7. The buildings shall have a common building appearance, and the remaining building
sites that are yet to be built upon shall require a Conditional Use Permit and have a
common building appearance.
B. Adopt the Recommendations of ACHD as follows:
Site Soecific Conditions of Approval
1. Comply with requirements ofITD for State Highway 55 (Eagle Road) frontage.
Submit to the District a letter from ITD regarding said requirements prior to
District approval of the final plat or issuance of a building permit (or other
required permits), whichever occurs first.
2. Construct a 5-foot wide detached concrete sidewalk on Fairview Avenue located
2-feet within the right-of-way. Coordinate the location and elevation of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4
sidewalk with District staff. If the sidewalk meanders outside ofthe right-of-way,
provide an easement for the sidewalk. The District will require a license
agreement for the landscape strip with the detached sidewalk. Please contact the
Right-of-Way Division at 387-3271 for guidelines.
3. Construct a 5-foot wide detached concrete sidewalk on Hickory Avenue located 2-
feet within the right-of-way. Coordinate the location and elevation of the
sidewalk with District staff. lfthe sidewalk meanders outside of the right-of-way,
provide an easement for the sidewalk. The District will require a license
agreement for the landscape strip with the detached sidewalk. Please contact the
Right-of- Way Division at 387 -3271 for guidelines.
4. Construct 5-foot wide concrete sidewalk on Jewell Street, Olive Avenue and
Florence Street abutting the parcel.
5. Construct a maximum 35-foot wide driveway (not including the center median)
on Fairview Avenue located a minimum of500-feet west of the centerline of
Eagle Road and a minimum of 440-feet west of Eagle Road (measured near edge
of roadway to near edge of driveway). The applicant should provide a recorded
cross access easement for the parcels to the south and west to use the one
approved driveway to Fairview Avenue for access to the public streets.
6. Treasure Valley Business Center Phase #1, plat note # 5 states; Additional
private access points (maximum of 4) will be allowed on Fairview Avenue at
no less than 400-foot intervals from other access points. Other than the
driveway approved in Condition #5 above, no additional driveways to Fairview
Avenue are approved with this application.
7. Pave all proposed driveways on Jewel Street, Olive Avenue and Florence Street to
their full-required width (maximum of 3 5- feet), a minimum of 50- feet (measured
near edge to near edge) of any roadway and to a point 30-feet beyond the edge of
pavement with 15-foot curb radii on Jewell Street, Olive Avenue and Florence
Street as proposed.
8. No access to Hickory Avenue is approved with this application,
9. Other than the access point(s) specifically approved with this applica,tion, direct
lot or parcel access to Fairview Avenue, Hickory Avenue and Eagle Road (ITD) is
prohibited, Lot access restrictions, as required with this application, shall be stated
on the final plat.
10. Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb and gutter and any that may be damaged
during the construction of the proposed development. Contact Construction
Services at 387-6280 for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280
(with file numbers) for details.
5. All design 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 herein. An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8, Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #195, also known as Ada County Highway District
Road Impact Fee Ordinance.
9, It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACHD. The applicant shall be required to calJ DIGLINE
(1-800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction,
10. No change in the terms and conditions ofthis approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11. Any change by the applicant in the plarmed use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
C. Adopt the Meridian Fire Department Recommendations as follows:
1. That a fire-flow as required by the Uniform Fire Code is provided to service the
entire project. Fire hydrants shall be placed an average of350' apart. 1997 UFC
Appendix Ill-A.
2. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department.
3. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
4. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have a turn around.
5. All roads shall have a turning radius of28' inside and 48' outside.
6. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation per section 1103.2.4 of the Uniform Fire Code.
7. Operational fire hydrants are required before combustible construction begins.
UFC 901.4.2 & 901.3
8. All building uses and processes to comply with the fire code in effect at the time
of construction.
9. No vertical obstructions or mature landscaping which obstructs the outlets of the
fire hydrant within 10'.
10. Vertical clearance for driveways shall be 13' 6", this may affect tree placement in
landscaping areas.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7
11. The driveway shall have a clear driving surface which is 20' wide available at all
times.
D, Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows:
1. A land use change/site application is required to be filed.
E. Adopt the Recommendation of Sanitary Service as follows:
1. Allow 20' inside ofthe gate posts for a 2 dumpster enclosure (prefer 22').
2. Enclosure location and placement need further review for "future" building
designs and development.
F. Adopt the Recommendation ofthe Central District Health Department as follows:
1. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality.
2. Run-off is not to create a mosquito breeding problem.
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
4. The Engineers and architects involved with the design ofthe subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
13. It is found that the subject property is large enough to accommodate the requested
use and all other required features.
14. The adopted Comprehensive Plan Land Use Map designates the property as
"Commercial" adjacent to Fairview Avenue, and as "Industrial" adjacent to Jewell Street and
Olive Avenue. It is found that the office/commercial restaurant uses proposed by the applicant
are in harmony with the Comprehensive Plan and the existing Development Agreement. It is
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8
further found that the project meets the requirements and objectives ofthe Zoning Ordinances.
15. It is found that the design concept to be compatible with the intended character of
the area (industrial and commercial). The existing character of the property to be developed is
commercial and industrial. The proposed development will not change the existing character of
the area and will not adversely change the essential character of the area.
16. It is not anticipated that the proposed development will have an adverse impact on
the majority of the surrounding property.
17. It is found that the proposed development will be adequately served by the
essential public facilities and services such as highways, street, police, and fire protection,
drainage structures, refuse disposal, water, and sewer.
18. It is found that the proposed use would not be detrimental to the economic welfare
of the community, nor would it create the need for any new facilities or services to be paid for by
the public.
19. It is found that the proposed use will not create additional requirements at public
cost for public services and facilities.
20. It is not anticipated that the proposed use will be detrimental to the general
welfare of the community by means of increased traffic, noise, smoke fumes, glare or odors
generated by the use. Increased traffic concerns have been addressed by ACHD in their report.
As noted earlier in the report, the grand opening of the Krispy Kreme doughnut shop is expected
to generate an excessive amount oftraffic. It is recommended that the applicant take special
measures to mitigate the impact of the grand opening traffic.
21. It is found that the vehicular approaches to the property are designed so as not to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9
significmtly interfere with existing street traffic.
22. It is found that a natural or scenic feature may be lost, damaged or destroyed by
issuance of this conditional use permit.
CONCLUSIONS OF LAW
1. The City of Meridim shall exercise the powers conferred upon it by the "Local
Land Use Pllli1l1ing Act of 1975" hereinafter referred to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (le. 967-6503).
2. The Meridian City Council may exercise all the powers required md authorized
under the "Act" except the power to adopt ordinmces by the establislm1ent of a Planning and
Zoning Commission by ordinance pursumt 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 XU, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridim 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 grantipg the same
that the evidential showing supports the finding that the following standards are met md that the
proposed development: (Meridian City Code 9 11-17-3)
a. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by this Ordinance;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance;
C. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential character of the same area;
d. That the proposed use, ifit complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment ofthe proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfare of the community;
g. That the proposed use will not involve activities or 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. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
i. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
5. Prior to granting a conditional use permit in the 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 ofthe 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 ofthis 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11
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 MeridiaIl 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 all application shall be in accordaIlce with MeridiaIl Comprehensive Plan, City
of Meridian Zoning and Development OrdinaIlce, and Idaho State law. (Meridian City Code 9
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 aIld 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 ofMeridiaIl has, by ordinance, established the Impact Area ~d the
Comprehensive Plan ofthe 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 - 12
DECISION AND ORDER
GRANTING CONDITIONAL USE PERlVIIT 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 multi-
building office/restaurant complex in an L-O zone located on the southwest comer ofN. Eagle
Road and E. Fairview Avenue, Meridian, Idaho, subject to the following conditions of use and
development, subject to the following:
A. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows:
Site Specific Comments (Conditional Use Permit)
1. Applicant shall meet all of the requirements ofthe preliminary as a condition of the
Conditional Use Permit.
2. App licant shall apply for a planned sign program in 0 rder to accommodate 0 ff-
premise signage for Lots 30 and 16, which do not have direct lot frontage to any
public right of way,
3. Bike racks shall be required to be installed for each building prior to occupancy.
4. All development and construction shall comply with the Anlericans with Disabilities
Act.
5. All parking and circulation within the project shall be in compliance with
MCC 11-13.
6. Applicant shall work with the Meridian Police Department, Idaho Transportation
Department and the Ada County Highway District on a traffic control plan for the
grand opening ofthe Krispy Kreme doughnut shop. The Applicant shall have the plan
approved by the Meridian Police Department, which plan would pertain to the first 90
days only of operation and include reimbursement fees to the MPD, and additionally,
the Applicant shall submit the traffic control plan to the Planning and Zoning
Department for their review for compliance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13
7. The buildings shall have a common building appearance, and the remaining building
sites that are yet to be built upon shall require a Conditional Use Permit and have a
common building appearance.
B. Adopt the Recommendations of ACHD as follows:
Site Svecific Conditions of Approval
1. Comply with requirements ofITD for State Highway 55 (Eagle Road) frontage.
Submit to the District a letter from ITD regarding said requirements prior to
District approval of the final plat or issuance of a building permit (or other required
permits), whichever occurs first.
2. Construct a 5-foot wide detached concrete sidewalk on Fairview Avenue located 2-
feet within the right-of-way. Coordinate the location and elevation of the sidewalk
with District staff. If the sidewalk meanders outside of the right-of-way, provide
an easement for the sidewalk. The District will require a license agreement for the
landscape strip with the detached sidewalk. Please contact the Right-of-Way
Division at 387-3271 for guidelines,
3. Construct a 5-foot wide detached concrete sidewalk on Hickory Avenue located 2-
feet within the right-of-way. Coordinate the location and elevation of the sidewalk
with District staff. Ifthe sidewalk meanders outside of the right-of-way, provide
an easement for the sidewalk. The District will require a license agreement for the
landscape strip with the detached sidewalk. Please contact the Right-of-Way
Division at 387-3271 for guidelines.
4. Construct 5-foot wide concrete sidewalk on Jewell Street, Olive Avenue and
Florence Street abutting the parceL
5. Construct a maximum 35-foot wide driveway (not including the center median) on
Fairview Avenue located a minimum of 500-feet west ofthe centerline of Eagle
Road and a minimum of 440-feet west of Eagle Road (measured near edge of
roadway to near edge of driveway). The applicant should provide a recorded cross
access easement for the parcels to the south and west to use the one approved
driveway to Fairview Avenue for access to the public streets. "
6. Treasure Valley Business Center Phase #1, plat note # 5 states; Additional private
access points (maximum of 4) will be allowed on Fairview Avenue at no less
than 400-foot intervals from other access points. Other than the driveway
approved in Condition #5 above, no additional driveways to Fairview Avenue are
approved with this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14
7. Pave all proposed driveways on Jewel Street, Olive Avenue and Florence Street to
their full-required width (maximum of 35-feet), a minimum of 50-feet (measured
near edge to near edge) of any roadway and to a point 30-feet beyond the edge of
pavement with I5-foot curb radii on Jewell Street, Olive Avenue and Florence
Street as proposed.
8. No access to Hickory Avenue is approved with this application.
9. Other than the access point(s) specifically approved with this application, direct lot
or parcel access to Fairview Avenue, Hickory Avenue and Eagle Road (ITD) is
prohibited. Lot access restrictions; as required with this application; shall be stated
on the final plat.
10, Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb and gutter and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280
for details.
4, Utility street cuts in pavement less than five years old are not allowed unless approved
in writing by the District. Contact Construction Services at 387-6280 (with file
numbers) for details.
5. All design 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
herein. An engineer registered in the State ofIdaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval
for occupancy.
8, Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility ofthe applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the applicant shall be repaired by the applicant at
no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585)
at least two full business days prior to breaking ground within ACHD right-of-way.
The applicant shall contact ACHD Traffic Operations 387-6190 in the event any
ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be
upon the applicant to obtain written confirmation of any change from the Ada County
Highway District.
11. Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
C. Adopt the Meridian Fire Department Recommendations as follows:
1. That a fire-flow as required by the Uniform Fire Code is provided to service the
entire project. Fire hydrants shall be placed an average of350' apart. 1997 UFC
Appendix ill-A.
2. Acceptance of the water supply for fire protection will be by the Meridian fire
Department.
3. Final approval ofthe fire hydrant locations shall be by the Meridian Fire
Department.
4. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have a turn around.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16
5. All roads shall have a turning radius of28' inside and 48' outside.
6. Insure that all yet undeveloped parcels are maintained free of combustible
vegetation per section 1103.2.4 of the Uniform Fire Code,
7. Operational fire hydrants are required before combustible construction begins.
UFC 901.4.2 & 901.3
8. All building uses and processes to comply with the fire code in effect at the time of
construction.
9. No vertical obstructions or mature landscaping which obstructs the outlets of the
fire hydrant within 10'.
10. Vertical clearance for driveways shall be 13' 6"; this may affect tree placement in
landscaping areas.
11. The driveway shall have a clear driving surface which is 20' wide available at all
times.
D. Adopt the Recommendation of the Nampa & Meridian Irrigation District as follows:
1. A land use change/site application is required to be filed.
E. Adopt the Recommendation of Sanitary Service as follows:
1. Allow 20' inside ofthe gate posts for a 2 dumpster enclosure (prefer 22').
2. Enclosure location and placement need further review for "future" building designs
and development.
F. Adopt the Recommendation ofthe Central District Health Department as follows:
1. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare; Division of
Environmental Quality.
2. Run-off is not to create a mosquito breeding problem.
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
4. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17
stormwater management system that prevents groundwater and surface water
degradation.
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
~ 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4, That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public
Works Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action ofthe governing body of the City of Meridian,
pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real
property which may be adversely affected by the issuance or denial of the conditional use permit
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 ofthe City Council at its regular meeting held on the
J~:1-- ,2003.
(/
ROLL CALL:
11-~ day of
COUNCILMAN KEITH BIRD
VOTED~
COUNCILWOMAN TAMMY deWEERD
VOTED ~
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -18
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED~
VOTED fie^-
COUNCILMAN WILLIAM L.M. NARY
-
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: !--/4--tJ3
<
MOTION: ~
APPROVED:~
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
BJI~~/~
City Clerk
Dated: I- / /f -tJ 3 -
Z:\Work\M\Meridian\Meridian 1 5360M\Treasure Valley Business Park No. I CUP02-036\FfClsCUP02-036.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19
\;
, . .j ,c_~