HomeMy WebLinkAboutH&H Utility Contractors, Inc. CUP-06-019
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND DECISION & ORDER
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In the Matter of Conditional Use Permit for Equipment Rental, Service, Outdoor Storage,
and Commercial Offices in the C-G zone, by H & H Utility Contractor's Inc.
Case No(s).: CUP-06-019
For the Planning & Zoning Commission Hearing Dates of: July 6 and July 20, 2006
(findings approved on August 3, 2006 Commission agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 6, 2006 incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of July 6,2006 incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 6,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of July 6,2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.c. S67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6,2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S
II-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-19 . PAGE 1 of 4
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public ifthe attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Commission Chair and City Clerk and then a copy served by the
Clerk upon the applicant, the Planning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Site Plan and the Conditions of Approval in the
attached Staff Report for the hearing date of July 6,2006 incorporated by reference. The
conditions are concluded to be reasonable and the applicant shall meet such requirements
as a condition of approval of the application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code S II-SA and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated April
2006; and,
2. The following modifications to site specific conditions were made at the Planning &
Zoning Commission hearing on July 20,2006: Condition 1.3 was modified to allow the
applicant to maintain the area to the south of the outdoor storage, rather than fence it
off, and required the applicant to keep all lifts, extensions, risers, etc. to be stored in the
down position; Condition 1.4 was modified to allow minor maintenance of the vehicles
to be performed on this site; and Condition 1.7 was modified to require the applicant to
coordinate the type of dust-abatement material for the outdoor storage area, prior to
CZC submittal.
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of July 6, 2006 incorporated by reference.
D. Notice of Applicable Time Limits (as applicable)
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-19 -PAGE2of4
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. Ifthe successive phases are not submitted within the
one (1) year interval, the conditional approval ofthe future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-5B-6.G.1, the Director may authorize a single extension ofthe
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body ofthe 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 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.
F. Attached: Staff Report for the hearing date of July 6,2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-19 - PAGE 3 of 4
By action of the Planning & Zoning Commission at its regular meeting held on the Brei
dayof~U~b ,2006.
COMMISSIONER MICHAEL ROHM
(CHAIR)
VOTED If II
COMMISSIONER DAVID MOE
VOTED~
COMMISSIONER WENDY NEWTON-HUCKABAY
VOTED l '! ~
COMMISSIONER KEITH BORUP
VOTED AE:SEj\J'\'
COMMISSIONER DAVID ZAREMBA ~- . VOTED ~
~L-
C ~IR A AEL ROHM
Attest:
Attorney.
By: 0y\l)J\~~~W\.
City Clerk
Dated:
()~ --i)l~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP.06-19 - PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006
STAFF REPORT
TO:
FROM:
SUBJECT:
Hearing Date: 7/6/2006 Approved on 7-20-06 i/r ~ ~
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Conditional Use Pennit for Equipment Rental, Service, Outdoor Storage, and
Commercial Offices in the C-G zone, by H & H Utility Contractor's Inc.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, H & H Utility Contractors, Inc., has applied for Conditional Use Pennit approval to
operate an equipment rental, service, outdoor storage, and commercial office facility in the C~G (General
Retail and Service Commercial District) zone. The subject site is located on the south side of Franklin
Road, approximately 700-feet west of Meridian Road.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested application below. Staff recommends approval of
CUP-06-0 19 for H & H Utility Contractors. Inc. as presented in the Staff Report for the hearinl! date of
July 6. 2006. subiect to the conditions listed in Exhibit B. On July 20.2006 the Meridian Planmn!!: &
Zonin!!: Commission voted to approve the subiect application with the modified conditions in
Exhibit B.
a. Summary of Public Hearings:
i. In favor: Patrick McKeegan, Gordon Heath
ii. In opposition: None
iii. Commenting: None
iv. Staff presenting application: Caleb Hood
v. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. Outdoor storage on this site;
ii. Height of new building(s);
iii. Dust abatement proposed for the outdoor storage area; and,
iv. Landscaping.
c. Key Commission Changes to Staff Recommendation:
i. Required all lifts. extensions. risers. etc. to be fullv retracted when stored on this
site; and.
11. Allowed minor maintenance ofthe fleet vehicles to be done on.site;
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-
06.019 as presented in the Staff Report for the hearing date of July 6, 2006, with the following
modifications to the conditions of approval: (add any proposed modifications). I further move to
direct staff to prepare an appropriate findings document to be considered at the next Planning and
Zoning Commission hearing on AU2ust 3 J.uly 20, 2006.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-06-
H & H Utility Contractors, Inc. (CUP-06-019) - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006
019 as presented during the hearing of July 6, 2006, for the following reasons: (you must state
specific reason( s) for the denial of the conditional use permit.) I further move to direct Legal
Department Staff to prepare an appropriate findings document to be considered at the next
Planning and Commission hearing on July 20, 2006.
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number
CUP-06-0 19 to the hearing date of (insert continued hearing date here) for the following
reason(s): (you should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: 225 W. Franklin Road; south side of Franklin Road, approximately
700.feet west of Meridian Road; Section 13, T3N R1 W
b. Owners:
Pioneer Exchange Accommodation Title Holder #73, LLC
703 Americana, Ste. 120
Boise, ill 83702
c. Applicant:
H & H Utility Contractor's, Inc.
200 E. Broadway Avenue
Meridian, ill 83642
d. Representative: Patrick McKeegan, Architect
e. Present Zoning: C-G
f. Present Comprehensive Plan Designation: Commercial
g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit
approval to operate an outdoor storage, equipment rental, service, and office facility. The
applicant is proposing to use the existing buildings on this site and construct additional
structrues for this use.
1. Date of CUP Site Plan/Landscape Plan (attached in Exhibit A): April 2006
5. PROCESS FACTS
a. The subject application will in fact constitute a conditional use as determined by the Unified
Development Code. By reason of the provisions of UDC ll-5B-6, a public hearing is required
before the Planning and Zoning Commission on this matter.
b. Newspaper notifications published on: June 19th and July 3rd, 2006
c. Radius notices mailed to properties within 300 feet on: June 9th, 2006
d. Applicant posted notice on site by: June 26th, 2006 Julv 10. 2006
6. LAND USE
a. Existing Land Use(s): Vacant car dealership
b. Description of Character of Surrounding Area: Mixed uses, see below.
c. Adjacent Land Use and Zoning
H & H Utility Contractors, Inc. (CUP-06-0 19) - Page 2
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006
1. North: Commercial retail and office uses, zoned C-G (Fuel station and convenience
store and office spaces).
2. East: Mobile home park, zoned R-I5.
3. South: RV. Park, zoned C-G.
4. West: Bar; Vacant property, zoned C-G.
d. History of Previous Actions: In 1997, a CUP was issued on this site for a retail car dealership.
In July of 2000, a variance to the landscape buffer requirements along the east property line
was granted. V AR-OO-OIO allowed a IO-foot wide landscape buffer along the east property
line. In November of 2000, a CUP was approved for this site, allowing a 20-foot wide
landscape street buffer adjacent to Franklin Road.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: Main building already serviced from mains in Franklin
Road.
Location of water: Main building already serviced from mains in Franklin
Road.
Issues or concerns: None.
2. Vegetation: None.
3. Flood plain: NA
4. Canals/Ditches Irrigation: No major facilities.
5. Hazards: None, as long as things are stored appropriately on this site.
6. Existing Zoning: C-G
7. Size of Property: 3.68 acres
f. Conditional Use Information:
1. Non-residential square footage: 31,743, including the existing and proposed
structures
2. Proposed building height: varies, maximum of 22 feet
3. Number of Residential units: 0
g. Off-Street Parking:
1. Parking spaces required: 21
2. Parking spaces proposed: 38
h. Proposed and Required Non-Residential Setbacks:
C-G Standard
Front
Side
Rear
Max. Building Height
o feet
o feet
o feet
65 feet (22 feet proposed)
H & H Utility Contractors, Inc. (CUP-06-019) - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6,2006
Min. Lot Size
None
Min. Street Frontage None
1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to
the site will be from an existing curb cut to Franklin Road, located in the center of this site.
NOTE: The ACHD has provided no comments related to this site, as it has no new conditions
for the subj ect applicant.
7. COMMENTS MEETING
On June 16, 2006 Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments
and recommended actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. In Chapter
VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full range of commercial
and retail to serve area residents and visitors. Staff finds the following Comprehensive Plan policies to be
applicable to this property and apply to the proposed development (staff analysis in italics):
. Require that development projects have planned for the provision of all public services.
(Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands in the
following manner:
. Sanitary sewer and water service will be extended to the project at the
developer's expense.
. The subject lands currently lie within the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian
Rural Fire Department.
. The subject lands will be serviced by the Meridian Police Department (MPD).
. The roadways adjacent to the suqject lands are currently owned and maintained
by the Ada County Highway District (ACHD) and lTD. This service will not
change.
. The subject lands are currently serviced by the Meridian School District #2. This
service will not change.
. The subject lands are currently serviced by the Meridian Library District. This
service will not change and the Meridian Library District should suffer no
revenue loss.
Municipal, fee-supported, services will be provided to this site by the Meridian Building
Department, the Meridian Public Works Department, the Meridian Water Department, the
Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility
Billing Services, and Sanitary Services Company.
. "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal
III, Objective D, Action 5)
H & H Utility Contractors, Inc. (CUP-06-019) - Page 4
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006
Staffis conditioning approval of the subject CUP upon the applicant installing and
maintaining landscaping on this site. Please see the CUP Analysis in Section 10 below for
more information on landscaping this site.
. "Require appropriate landscape and buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action 4)
Please see bullet above and Section 10 below for additional information regarding
landscaping on this site. A 25-foot wide landscape buffer is typically required adjacent to
Franklin Road. However, in 2000 the City approved a reduction to the standard 25-foot wide
buffer and allowed a 20-foot wide buffer for this site.
. "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter
VII, Goal I , Objective B)
Staff believes that the proposed use does contribute to the variety of uses in this area.
. "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal
IV, Objective D, Action 2)
The applicant is not proposing any new access points to Franklin Road, an arterial street. All
vehicular access will be takenfrom the existing driveway to/from Franklin Road.
Stafffinds that the proposal is generally harmonious with and in accordance with the Comprehensive
Plan.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11.2B-2 lists Equipment rental, sales and services as a
Conditional use in the C.G zone. Outside storage is listed as an accessory use in the CoG zone.
b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the
retail and service needs of the community in accord with the Meridian Comprehensive Plan.
Four Districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location
of the district in proximity to streets and highways. C-G General Retail And Service
Commercial District: The purpose of the C-G district is to provide for commercial uses which
are customarily operated entirely or almost entirely within a building; to provide for a review
of the impact of proposed commercial uses which are auto and service oriented and are located
in close proximity to major highway or arterial streets; to fulfill the need of travel-related
services as well as retail sales for the transient and permanent motoring public. All such
districts shall be connected to the municipal water and sewer systems of the city, and shall not
constitute strip commercial development and encourage clustering of commercial
development.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the
proposed site design as presented in the CUP Site/Landscape Plan labeled as Sheet SDI.I,
prepared by Patrick McKeegan Architects, dated April 2006, and the landscaping proposed, with
the following comments:
H & H Utility Contractors, Inc. (CUP-06-019) - Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006
Conditional Uses: In approving any conditional use, the decision.making body may prescribe
appropriate conditions, bonds and safeguards in conformity with this Title that: minimize
adverse impact of the use on other property, control the sequence and timing of the use,
control the duration of the use, assure that the use and the property in which the use is located
is maintained properly, designate the exact location and nature of the use and the property
development, require the provision for on-site or off-site public facilities or services, required
more restrictive standards than those generally required in this Title, and require mitigation of
adverse impacts of the proposed development upon service delivery by any political
subdivision, including school districts, that provides services within the City (UDC ll-5B-
6D).
Due to the nature of the proposed use and the existing and anticipated uses near this site, staff
is recommending specific conditions be placed on this business that will minimize, or
alleviate the adverse impacts that this use may pose to nearby properties in this part of the
city. Please see below and Exhibit B for the proposed conditions.
Existing Approvals: This site has previously been approved for a car dealership. Associated
with the car dealership approval, the City has previously approved a 20-foot wide landscape
buffer along Franklin Road, and a lO~foot wide landscape buffer adjacent to the residential
uses to the east. Staff recommends that the existing landscape buffer widths be allowed to
stay with the proposed use.
Screening: The applicant is proposing, and staff is supportive of, a 6-foot tall solid fence
being constructed around the outdoor storage area. This fence should be constructed of
either wood or vinyl and with the installation of the proposed rolling gates, fully enclose the
storage area. Further, no equipment should be stored above the 6-foot tall fencing; all
equipment should be fully screened from view.
Uses: The applicant is proposing to use this site for the company offices, storage of trucks
and other equipment. With the existing and proposed structures, there will be
approximately 31,743 square feet of building on this site. Approximately 15,000 square feet
will be a canopy area for vehicles, approximately 12,000 square feet will be for office and
shop areas, approximately 2,500 square feet will be for tool and equipment storage, and
approximately 2,100 square feet will be used for a maintenance building. Approximately
18% of the site will be paved, 6% of the site will be landscaped, and 57% of the site will
be used as the outdoor storage area. Minor maintenance of the service trucks may be
allowed on this site. Due to the proximity of the residential uses, the facility should not be
used as a service garage, a repair shop, or any like use.
Access: There is an existing driveway to/from Franklin Road for this site. This driveway is
located approximately 100-feet west of the east property line. The applicant is proposing to
use the existing driveway as access to/from this site. Staff is supportive of this proposal. No
new vehicular access is proposed, and none is approved with this application.
Landscaping: The landscaping shown on the Site/Landscape Plan prepared by Patrick
McKeegan Architects is approved with the following modifications/notes:
. UDC Table 11-2B-3 requires a 25-foot wide landscape street buffer, located
entirely outside of the right-of-way, along arterial streets. Franklin Road is
an arterial street. The submitted landscape plan shows a 20-foot wide
landscape buffer adjacent to Franklin Road. As noted above, a 20-foot wide
H & H Utility Contractors, Inc. (CUP-06-019) - Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6,2006
landscape buffer adjacent to Franklin Road has previously been reviewed
and approved by the City.
· UOC Table 11-2B-3 requires a 25-foot wide land use buffer between C-G
zoned property and residentially zoned property. There are residences
directly east of the subject site. As noted above, a lO-foot wide landscape
buffer adjacent to the residences to the east has previously been reviewed
and approved by the City. However, staff recommends that additional
landscape materials be installed within the 10- foot wide landscape buffer, to
provide better screening/buffering. Additional materials should be installed
along the eastern property line, adjacent to the proposed parking stalls. Said
materials should be installed in accordance with UOC 11-3B-9.
· UOC 11-3B-8C2 requires landscape planters to be constructed to break up
long rows of parking stalls. A maximum of 12 parking stalls shall be
allowed in a row, until a landscape planter is constructed. Landscape
planters are also required on the ends of rows to prevent cross-space driving.
Said landscape planters shall contain a minimum of 50 square feet of are and
be at least 5-feet wide, measured inside curbs. At least one tree and
vegetative groundcover should be placed with said landscape planters.
Landscape planters should be added to and modified within the proposed
internal parking lot, spaced and landscaped in accordance with UOC 11-3B-
8C2. Specifically planters should be added to both ends of the parking areas
adjacent to Franklin Road, and all of the internal planters shall be widened
to be at least 5-feet wide.
· A written certificate of completion shall be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape
plan and submitted prior to occupancy of the building. All standards of
installation shall apply as listed in UOC 11-3B-14.
Submit a revised landscape plan, with the Certificate of Zoning Compliance application.
Parking: The applicant is proposing to construct 38 parking stalls for this use; 21 parking
stalls are required by Ordinance. UOC Table 11-3C-1 requires 90-degree parking stalls to
be 19-feet long, adjacent to 25-foot wide drive aisles. UOC 11-3C-5B4 allows parking stall
dimensions to be reduced by 2 feet in length if 2 feet is added to the width of the sidewalk
or landscape area. The parking in the northeast side of the site should be revised to comply
with the UDC.
Gates: The applicant is proposing to gate both of the entrances into the storage area. Staff is
supportive of this request, as there is adequate stacking for vehicles that use the entrances and
exits of the storage yard.
Outdoor Storal!e: The applicant is not proposing to pave the area behind the proposed gates -
the storage yard. The UDC requires all vehicle use areas to be improved with an impervious
surface. Staff recommends that the Commission require the applicant to improve the storage
area with a dustless material (e.g. - recycled asphalt or some other dust-abatement material
that is annually applied).
The UDC has specific standards for outside storage facilities. UDC 11-4-3.33 requires: that
all materials to be stored outside of any required yard (setback); that stored items shall not
block sidewalks or parking areas and may not impede vehicular or pedestrian traffic; that the
site shall not be used as a vehicle wrecking or junkyard; that the items stored on site shall be
H & H Utility Contractors, Inc. (CUP-06-0 19) - Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6,2006
limited to those items owned or used by the business; and that any storage of fuel or
hazardous material shall be located a minimum of 1,000 feet from a hospital. The subject site
should be subject to the above-listed standards.
Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC)
permit is to ensure that all construction, alterations and/or the establishment of a new use
complies with all of the provisions of the UDC before any work on the structure is started
and/or the use is established (UDC 11-5B-IA). To ensure that all of the conditions of
approval listed in Exhibit B are complied with, the applicant should be required to obtain a
CZC permit and occupancy from the Planning Department prior to establishing the subject
use.
Elevations: The applicant has submitted front elevations for the new shop/office area that will
be visible from Franklin Road. The elevations prepared by Patrick McKeegan Architects,
dated April 2006, and attached in Exhibit A, show a metal roof, stucco and CMU walls, and
aluminum accents. Staffis supportive of the proposed elevation from Franklin Road.
b. Staff Recommendation: Staff recommends approval of CUP-06-019 for H & H Utilitv
Contractors. Inc.. as presented in the Staff Report for the hearing date of July 6. 2006 based
on the Findinl!s of Fact as listed in Exhibit C and subiect to the conditions of approval as
listed in Exhibit B. On Julv 20. 2006. the Meridian Plannin!! & Zonin!! Commission
voted to approve the subiect CUP with the conditions listed in Exhibit B of the Staff
Report.
11. EXHmITS
A. Drawings
1. CUP Site/Landscape Plan (dated April 2006)
2. Building Elevations (dated April 2006)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
C. Required Findings from Zoning Ordinance
H & H Utility Contractors, Inc. (CUP-06-019) - Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6,2006
A. Drawings
1. CUP Site/Landscape Plan (dated April 2006)
H & H Utility Contractors, Inc. (CUP-06-019) - Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6,2006
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2. Building Elevations (dated April 2006)
Exhibit A - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARfNG DATE OF JULY 6, 2006
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Exhibit A - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006
B. Conditions of Approval
1. PLANNING DEPARTMENTS
1.1 The Site Plan labeled as SD 1.1, prepared by Patrick McKeegan Architects, dated April 2006 is
approved, with the conditions listed herein. The applicant shall comply with all applicable
provisions from the previous CUP-OO-047 and V AR.OO-O 1 0 approvals for this site.
1.2 The landscaping shown on the Site/Landscape Plan prepared by Patrick McKeegan Architects is
approved with the following modifications/notes:
· The existing 20-foot wide landscape buffer adjacent to Franklin Road has previously been
reviewed and approved by the City.
· The existing lO-foot wide landscape buffer adjacent to the residences to the east has
previously been reviewed and approved by the City. Additional landscape materials shall be
installed within the lO-foot wide landscape buffer, to provide better screening/buffering for
the residences to the east. Additional landscape materials shall be installed along the eastern
property line, adjacent to the proposed parking stalls. Said materials should be installed in
accordance with UOC 11-3B-9.
· Landscape planters shall be added to and modified within the proposed internal parking lot,
spaced and landscaped in accordance with UOC 11-3B-8C2. Specifically planters shall be
added to both ends of the parking areas adjacent to Franklin Road, and all internal planters
shall be widened to be at least 5-feet wide and contain at least 1 tree.
· A written certificate of completion shall be prepared by the landscape architect, designer,
or qualified nurseryman responsible for the landscape plan and submitted prior to
occupancy of the building. All standards of installation shall apply as listed in UOC 11- 3B-
14.
Submit a revised landscape plan, with the Certificate of Zoning Compliance application.
1.3 Construct a 6-foot tall solid fence around the east and west sides 13erimeter ofthe outdoor storage
area. Said fence shall either be constructed of wood or vinyl. The applicant does not have to
install/retain any fencine: alone: their south boundary if the applicant ae:rees to maintain the
area south to the neie:hbor's fence. and if either the applicant finds that thev own that piece
of property or can e:et an easement to maintain it from whoever does own it. No equipment
shall be stored above the screening fence; all equipment shall be fully screened from view. All
lifts. extensions. risers. et cetera. shall be fully retracted to their down position while stored
on the premises.
1.4 This site shall not be used as a service garage, a repair shop, or any like uses. It is permissible
for minor maintenance to be done on this site for the vehicles associated with this business.
1.5 Use the existing driveway to/from Franklin Road as access for this site. No new driveways to
Franklin Road are proposed with this application and none are approved.
1.6 Revise the parking configuration in the northeast side of the site to comply with the UDC.
1.7 The applicant shall improve the outdoor storage area with a dustless material such as recycled
asphalt or some other dust-abatement material that is allllually applied. The applicant shall work
with Planning: & Zoning: Staff to find some ae:reeable 13rsflese SOffie form of dust-abatement
sitaer at tee fll:1blie h.eariag sr with. to be applied to the outdoor storae:e area. prior to the CZC
submittal.
1.8 The subject site should be subject to the following standards: all materials to be stored outside of
any required yard (setback); stored items shall not block sidewalks or parking areas and may not
Exhibit B Page 1
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006
impede vehicular or pedestrian traffic; the site shall not be used as a vehicle wrecking or
junkyard; the items stored on site shall be limited to those items owned or used by the business;
and, that any storage of fuel or hazardous material shall be located a minimum of 1,000 feet from
a hospital.
1.9 To ensure that all of the conditions of approval for CUP-06-0 19 are complied with, the applicant
shall be required to obtain a Certificate of Zoning Compliance (CZC) pennit, and occupancy,
from the Planning Department prior to establishing the proposed use.
1.10 The building elevation prepared by Patrick McKeegan Architects (Sheet SD1.1, dated April
2006) is approved.
1.11 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the
proposed development. A temporary Certificate of Occupancy may be obtained by providing
surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the
required improvements (including paving, striping, landscaping, and irrigation). A bid must
accompany any request for temporary occupancy.
1.12 No signs are approved with this CUP application. All business signs require a separate sign
pennit in compliance with the sign ordinance.
1.13 The applicant shall have a maximum of 18 months to commence the use as pennitted in accord
with the conditions of approval listed above. If the business has not begun within 18 months of
approval, a new conditional use pennit must be obtained prior to operation.
2. PUBLIC WORKS DEPARTMENT
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
The applicant shall coordinate fire hydrant placement with the Public Works Department during
plan review.
The applicant shall be responsible for any mains or services that are required to provide service to
this site. Coordinate size and location with the Public Works Department.
During plan review a looped system may be required to achieve adequate fire flows.
The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). Submit an executed easement (supplied by
Public Works), a legal description, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor.
Sewer, water, pressurized irrigation, and any life safety development improvement shall receive
final approval prior to occupancy. Other required development improvements such as fencing,
micro-paths, and landscaping may be bonded for prior to obtaining certificates of occupancy.
Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as detennined during the plan review process.
It shall be the responsibility of the applicant to ensure that all development features COmply with
I
the Americans with Disabilities Act and the Fair Housing Act. I
Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency. I
Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers. I
Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material. I
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Exhibit B Page 2
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006
3. FIRE DEPARTMENT
3.1 Final Approval ofthe fIre hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 'lj" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing pennits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above fInish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.2 All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside
radius.
3.3 All driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall
have a clear driving surface which is 20' wide.
3.4 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section DI03.6 Signs.
3.5 Commercial and office occupancies will require a fIre-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.6 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.7 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fITe apparatus access road, as
measured by an approved route arormd the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183
m).
3.8 Maintain a separation of 5' from the building to the dumpster enclosure.
3.9 There shall be a fITe hydrant within 100' of all Fire Department connections.
3.10 For addressing, Place 10" numbers on the building facing Franklin Road.
4. POLICE DEPARTMENT
4.1 No comments received.
5. PARKS DEPARTMENT
5.1 The Parks Department has no concerns related to the application.
6. SANITARY SERVICES COMPANY
6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and
submit stamped (approved) plans with your certificate of zoning compliance application.
Exhibit B Page 3
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6, 2006
C. Required Findings from Zoning Ordinance
1. Conditional Use Permit Findings:
CUP Findings:
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
1. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The existing and proposed buildings and uses on this site can accommodate and meet all
dimensional and development regulations of this district. However, previously this site has been
granted modifications to the standard landscape buffers adjacent to Franklin Road and the
residential properties to the west. The Planning & Zoning Commission fmds that the subject
property is large enough to accommodate the required yards (setbacks), parking, landscaping and
other features required by the ordinance. The Commission should rely on Staffs analysis, and
any oral or written public testimony provided when determining if this site is large enough to
accommodate the proposed use.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The Planning & Zoning Commission finds that the designated Comprehensive Plan designation
for this property is "Commercial." The proposed use is generally hannonious with the
requirements of the UDC (see Section 8, above for more information regarding the requirements
for this use.)
3. 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.
The Planning & Zoning Commission fmds that if the applicant complies with the conditions
outlined in this report, the general design, construction, operation, and maintenance of the
proposed uses should be compatible with other uses in the general neighborhood and with the
existing and intended character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The Plarming & Zoning Commission fmds that if the applicant complies with the conditions
outlined in this report, the proposed uses will not adversely affect other property in the area. The
Commission should rely upon any public testimony provided to determine if the development
will adversely affect the other property in the vicinity.
5. 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, and sewer.
Exhibit B Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 6,2006
The Planning & Zoning Commission finds that sanitary sewer, domestic water, refuse disposal,
and irrigation are currently available to the subject property. Please refer to any comments
prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary
Services Corporation and ACHD. Based on comments from other agencies and departments, the
Commission finds that the proposed use will be served adequately by all of the public facilities
and services listed above.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the applicant will be financing any improvements required for development. The
Planning & Zoning Commission finds there will not be excessive additional requirements at
public cost and that the proposed use will not be detrimental to the community's economic
welfare.
7. 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.
The Planning & Zoning Commission recognizes that traffic and noise may increase with the
approval of the subject use in this location; however, the Commission does not believe that the
amount generated will be detrimental to the general welfare of the public. The Commission does
not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. The
Commission finds that the proposed uses will not be detrimental to people, property or the
general welfare of the area.
8. 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.
The Planning & Zoning Commission finds that there should not be any health, safety or
environmental problems associated with this development that should be brought to the
Commission's attention. The Commission finds that the proposed use will not result in the
destruction, loss or damage of any natural, scenic or historic feature of major importance.
Exhibit C Page 2