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HomeMy WebLinkAboutEagle Concrete Pumping CUP-01-004 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05-01-01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR STORAGE FACILITY FOR COMPANY TRUCKS IN FLOOD PLAIN OVERLAY ZONE, LOCATED AT THE NORTH SIDE OF E. IGNG STREET, APPROXIMATELY 600 FEET WEST OF N. BALTIC PLACE, MERIDIAN, IDAHO Case No. CUP-OI-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT EAGLE CONCRETE PUMPING, COMPANY, APPLICANT The above entitled conditional use permit application having come before the City Council on May I, 2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant was Cornel Larson, and no one appeared in opposition, 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 talcen oral and written testimony, and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 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 (2) consecutive weeks prior to the said public hearing scheduled for May 1, 200 I, 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 May I, 2001, 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 §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17- 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 of Posting filed with the staff report. 3. This proposed development request is in an I-L zone and is also located in a flood plain overlay zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at the north side of E. King Street, approximately 600 feet west of N. Baltic Place in Meridian, Idaho. 5. The owners of record of the subject property are Rod and Shenie Eisele of Eagle, Idaho. 6. Applicant is Eagle Concrete Pumping of Eagle, Idaho. 7. The subject property is currently zoned I-L and is also located in a flood plain overlay zone. The zoning district of I-L and the Flood Plain Overlay District are 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 storage facility for company trucks in a flood plain zone. The Flood Plain Overlay District 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 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: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 12.1 The sewer and water systems shall be flood proofed and approved by the District Health Dept. of the Department of Health and Welfare as per Ordinance 11-11-3 AI. An engineer shall certify that the flood proofing requirement has been fulfilled as per Ordinance 11-11-3A3. 12.2 Ordinance 11-11-3.A.2 requires that no structure shall be erected unless the lowest finished floor is placed a minimum of 1 foot above the Base Flood Elevation (BFE) of the 1O0-year floodplain. The BFE for subject parcel is 2611 ft above sea level. The finished floor elevation of the proposed building is 2612 ft. above sea level as depicted on the submitted plans. The applicant shall submit an Elevation Certificate prior to occupancy in order to verify that the lowest finished floor elevation of the structure meets this requirement. 12.3 Materials that are buoyant, flammable, noxious, toxic or otherwise potentially injurious if transported by floodwaters are prohibited as per Ordinance 11-11-5. Storage of any materials or equipment not having these characteristics is permissible only if they have low damage potential and are anchored or are readily removable from the area. 12.4 Conditions that shall be required by the Council per Ordinance 11-11-4 in approving structures in a Floodplain Overlay Zone through the Conditional Use Process include: 1. 2. 3. Limitations on periods of use and operation; Imposition of deed restrictions; Location and arrangement of structures within the floodway and floodway fringe areas to avoid an increase in flood heights during the recurrence ofthe 1O0-year flood discharge; Requirement for construction of channel modifications, dikes, levees and other protective measures; Placement of survey benchmarks; and Additional flood proofing measures. 4. 5. 6. 12.5 According to Ordinance 11-11-6, the evaluation of the effect of the proposed use causing an increase in flood heights is based not just on the effect of the single use acting alone, but upon the reasonable FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 assumption that other landowners within the floodplain shall be allowed to develop to an equivalent extent within the floodplain. Therefore, the cumulative effects of all such encroachments shall be considered by the Council in making any decision. 12.6 Allowing additional development within the floodplain shall increase the Base Flood Elevations in the area, but not more than the required I-foot safety margin. No portion of the proposed development is within the floodway. 12.7 All signage is subject to design review and requires separate permits. No freestanding signs are proposed with this application. If any are proposed in the future, it shall conform to the new Sign Ordinance, as recommended for approval by the Meridian City Council on November 21. This allows for a single freestanding sign not to exceed 70 square feet and 15 feet high, maximum. 12.8 Dimensions of all parking stalls shall conform to minimum dimensions as per city ordinance and ADA. City ordinance requires 9 X19 standard stalls and 25-foot-wide minimum driveways. ADA requires the van- accessible handicap-accessible stall to have a striped aisle separate from the stall (typically an 8-foot stall and an 8-foot aisle). The handicap parking space shall have signage per ADA standards. 12.9 The site plan shall be modified to conform to the new Landscape Ordinance, Section 12-13. This shall require adding a landscape buffer along all side and rear lot lines adjacent to a vehicular use area. Applicant shall submit a modified site/landscape plan that conforms with the Landscape Ordinance when applying for a Certificate of Zoning Compliance. 12.10 All required improvements shall be complete prior to obtaining a Certificate of Occupancy. 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 shall accompany any request for Temporary Occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 12.11 Assessments for sewer and water service are determined during the building permit application process. 12.12 In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation shall be provided to all landscape areas on site. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. Applicant shall submit irrigation performance specifications in compliance with Ordinance 12-13-8-2 when applying for a Certificate of Zoning Compliance. 12.13 The proposed gravel area behind the fence shall be hard surfaced with asphalt if it is to be used for parking or circulation in accordance with City Ordinance 11-13-4(D). 12.14 The future building expansion and the graveled area north of the trash enclosure shall either be paved in accordance with standards established by the City, or it shall be surrounded by a fence to prohibit the circulation or parking of vehicles on the unimproved surface. 12.15 Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 12.16 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.0. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12.17 Adrainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer per City Ordinance 11-13-4.B.4 for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 12.18 Outside lighting shall be designed and placed so as to not direct illumination onto any nearby residential areas and in accordance with City Ordinance Section 11-13-4.c. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 12.19 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 12.20 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. 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. 12.21 All construction shall conform to the requirements ofthe Landscape Ordinance 12-13. 12.22 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.c. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSe) and provide a letter of approval from SSC to the Planning & Zoning Department when applying for a Certificate of Zoning Compliance. 12.23 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.1<. 12.24 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 12.25 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 12.26 ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements shall be obtained. 12.27 All future design plans and construction shall be in accordance with the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. Adopt the Recommendations of the Ada County Highway District as follows: 12.28 All storm drainage is to be retained on the site. 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. 16. The uses proposed within the subject application will be served adequately by central pubÌic 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 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. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 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 § 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; 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 the Light Industrial FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT. II District (I-L) and a Flood Plain Overlay zone, 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 § 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, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT. 12 impose conditions of that approval that reasonably: A. B. c. D. E. F. G. 8. Minimize adverse impact on other development; Control the sequence and timing of development; Control the duration of development; Assure that the development is maintained property; Designate the exact location and nature of the development; Require the provision for on-site public facilities or services; and Require more restrictive standards than those generally required, in this Ordinance. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21,1993, Ord. 629, January 4,1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a storage facility for company trucks in an I-L zone and a flood plain overlay zone, at the north side of E. King Street, approximately 600 feet west of N. Baltic Place in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT. 13 Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: l.l 1.2 1.3 1.4 The sewer and water systems shall be flood proofed and approved by the District Health Dept. of the Department of Health and Welfare as per Ordinance 11-11-3.A1. An engineer shall certify that the flood proofing requirement has been fulfilled as per Ordinance 11-11-3.A3. Ordinance 11-11-3.A.2 requires that no structure shall be erected unless the lowest finished floor is placed a minimum of 1 foot above the Base Flood Elevation (BFE) of the 1O0-year floodplain. The BFE for subject parcel is 2611 ft above sea level. The finished floor elevation of the proposed building is 2612 ft. above sea level as depicted on the submitted plans. The applicant shall submit an Elevation Certificate prior to occupancy in order to verify that the lowest finished floor elevation of the structure meets this requirement. Materials that are buoyant, flammable, noxious, toxic or otherwise potentially injurious if transported by floodwaters are prohibited as per Ordinance 11-11-5. Storage of any materials or equipment not having these characteristics is permissible only if they have low damage potential and are anchored or are readily removable from the area. Conditions that shall be required by the Council per Ordinance 11-11-4 in approving structures in a Floodplain Overlay Zone through the Conditional Use Process include: 1. Limitations on periods of use and operation; 2. Imposition of deed restrictions; 3. Location and arrangement of structures within the floodway and floodway fringe areas to avoid an increase in flood heights during the recurrence of the 100-year flood discharge; 4. Requirement for construction of channel modifications, dikes, levees and other protective measures; 5. Placement of survey benchmarks; and 6. Additional flood proofing measures. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 1.5 1.6 1.7 1.8 1.9 According to Ordinance 11-11-6, the evaluation of the effect of the proposed use causing an increase in flood heights is based not just on the effect of the single use acting alone, but upon the reasonable assumption that other landowners within the floodplain shall be allowed to develop to an equivalent extent within the floodplain. Therefore, the cumulative effects of all such encroachments shall be considered by the Council in making any decision. Allowing additional development within the floodplain shall increase the Base Flood Elevations in the area, but not more than the required I-foot safety margin. No portion of the proposed development is within the floodway. All signage is subject to design review and requires separate permits. No freestanding signs are proposed with this application. If any are proposed in the future, it shall conform to the new Sign Ordinance, as recommended for approval by the Meridian City Council on November 21. This allows for a single freestanding sign not to exceed 70 square feet and 15 feet high, maximum. Dimensions of all parking stalls shall conform to minimum dimensions as per city ordinance and ADA. City ordinance requires 9 XI9 standard stalls and 25-foot-wide minimum driveways. ADA requires the van- accessible handicap-accessible stall to have a striped aisle separate from the stall (typically an 8-foot stall and an 8-foot aisle). The handicap parking space shall have signage per ADA standards. The site plan shall be modified to conform to the new Landscape Ordinance, Section 12-13. This shall require adding a landscape buffer along all side and rear lot lines adjacent to a vehicular use area. Applicant shall submit a modified site/landscape plan that conforms with the Landscape Ordinance when applying for a Certificate of Zoning Compliance. 1.10 All required improvements shall be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT. 15 credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for Temporary Occupancy. 1.11 Assessments for sewer and water service are determined during the building permit application process. 1.12 In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation shall be provided to all landscape areas on site. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. Applicant shall submit irrigation performance specifications in compliance with Ordinance 12-13-8-2 when applying for a Certificate of Zoning Compliance. 1.13 The proposed gravel area behind the fence shall be hard surfaced with asphalt if it is to be used for parking or circulation in accordance with City Ordinance 11-13-4(D). 1.14 The future building expansion and the graveled area north of the trash enclosure shall either be paved in accordance with standards established by the City, or it shall be surrounded by a fence to prohibit the circulation or parking of vehicles on the unimproved surface. 1.15 Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.16 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.0. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.17 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer per City Ordinance 11-13-4.B.4 for all off-street parking areas. All site drainage shall be contained and disposed of on-site. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT. 16 1.18 Outside lighting shall be designed and placed so as to not direct illumination onto any nearby residential areas and in accordance with City Ordinance Section 11-13-4.c. 1.19 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9.4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 1.20 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. 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. 1.21 All construction shall conform to the requirements of the Landscape Ordinance 12-13. 1.22 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.c. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSe) and provide a letter of approval from SSC to the Planning & Zoning Department when applying for a Certificate of Zoning Compliance. 1.23 Provide five-foot-wide sidewallçs in accordance with City Ordinance Section 12-5-2.1<. 1.24 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 1.25 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 1.26 ACHD policy requires that before any improvements of any kind are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements shall be obtained. 1.27 All future design plans 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 in writing by the District. Adopt the Recommendations of the Ada County Highway District as follows: 12.28 All storm drainage is to be retained on the site. 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 of the 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT. IS 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 of the City Council at its regular meeting held on the ( ç; -f~ day of tn~t , 2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED~ VOTED~ COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD VOTED* VOTED* COUNCILWOMAN CHERIE McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 5-/5-01 VOTED MOTION: ~ APPROVED:~ DISAPPROVED:- BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR) CONDITIONAL USE PERMIT FOR STORAGE) FACILITY FOR COMPANY TRUCKS IN ) FLOOD PLAIN OVERLAY ZONE, LOCATED AT) THE NORTH SIDE OF E. IGNG STREET, ) APPROXIMATELY 600 FEET WEST OF N. ) BALTIC PLACE, MERIDIAN, IDAHO ) ) ) ) ) EAGLE CONCRETE PUMPING, COMPANY APPLICANT. C/C 05-01.01 CASE NO. CUP-OI-004 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 1sT day of May, 2001, under the provisions of Meridian City Code § 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: That the Applicant of the property is granted a conditional use permit for a storage facility for company truclçs in a flood plain zone, the proposed application request of a conditional use permit for the construction, development, maintenance and use for a storage facility for company truclçs in a flood plain zone, as described in the "SITE PLAN - PROJECT NAME: EAGLE CONCRETE PUMPING - EAST KING STREET - MERIDIAN, IDAHO, DRAWN BY: SW, DATE: 1-19-01. SHEET NUMBER: SP-l, LARSON ARCHITECTS, PA" ARCHITECTS, MERIDIAN, IDAHO", Eagle Concrete Pumping, Company, Developer, for the development of the aforementioned development for a development consisting of a storage facility 1. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY EAGLE CONCRETE PUMPING COMPANY / CUP-OI-OO4 PAGE I OF 5 for company trucks in a flood plain zone, and which property is described as follows: Lot 15, Bloclc 2, Meridian Business Park A resubdivsion of Meridian Business and Industrial Park, located in a portion of the SW 1/4 SE 1/4 and the SE 1/4 SW % of Section 7, T. 3N., R. lE., B.M., Meridian, Ada County, Idaho 2. That the above named applicant is granted a conditional use permit for a storage facility for company truclçs in a flood plain zone, located at the north side of E. King Street, approximately 600 feet west of N. Baltic Place, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 2.1 2.2 2.3 2.4 The sewer and water systems shall be flood proofed and approved by the District Health Dept. of the Department of Health and Welfare as per Ordinance 11-11-3.Al. An engineer shall certify that the flood proofing requirement has been fulfilled as per Ordinance 11-11-3.A3. Ordinance 11-11-3.A.2 requires that no structure shall be erected unless the lowest finished floor is placed a minimum of 1 foot above the Base Flood Elevation (BFE) of the 1O0-year floodplain. The BFE for subject parcel is 2611 ft above sea level. The finished floor elevation of the proposed building is 2612 ft. above sea level as depicted on the submitted plans. The applicant shall submit an Elevation Certificate prior to occupancy in order to verify that the lowest finished floor elevation of the structure meets this requirement. Materials that are buoyant, flammable, noxious, toxic or otherwise potentially injurious if transported by floodwaters are prohibited as per Ordinance 11-11-5. Storage of any materials or equipment not having these characteristics is permissible only if they have low damage potential and are anchored or are readily removable from the area. Conditions that shall be required by the Council per Ordinance 11-11-4 in approving structures in a Floodplain Overlay Zone through the Conditional Use Process include: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY EAGLE CONCRETE PUMPING COMPANY / CUP-OI-OO4 PAGE 2 OF 5 2.5 2.6 2.7 2.8 2.9 1. Limitations on periods of use and operation; 2. Imposition of deed restrictions; 3. Location and arrangement of structures within the floodway and floodway fringe areas to avoid an increase in flood heights during the recurrence of the 1O0-year flood discharge; 4. Requirement for construction of channel modifications, dikes, levees and other protective measures; 5. Placement of survey benchmarlçs; and 6. Additional flood proofing measures. According to Ordinance 11-11-6, the evaluation of the effect of the proposed use causing an increase in flood heights is based not just on the effect of the single use acting alone, but upon the reasonable assumption that other landowners within the floodplain shall be allowed to develop to an equivalent extent within the floodplain. Therefore, the cumulative effects of all such encroachments shall be considered by the Council in making any decision. Allowing additional development within the floodplain shall increase the Base Flood Elevations in the area, but not more than the required I-foot safety margin. No portion of the proposed development is within the floodway. All signage is subject to design review and requires separate permits. No freestanding signs are proposed with this application. If any are proposed in the future, it shall conform to the new Sign Ordinance, as recommended for approval by the Meridian City Council on November 21. This allows for a single freestanding sign not to exceed 70 square feet and 15 feet high, maximum. Dimensions of all parking stalls shall conform to minimum dimensions as per city ordinance and ADA. City ordinance requires 9 XI 9 standard stalls and 25-foot-wide minimum driveways. ADA requires the van- accessible handicap-accessible stall to have a striped aisle separate from the stall (typically an 8-foot stall and an 8-foot aisle). The handicap parking space shall have signage per ADA standards. The site plan shall be modified to conform to the new Landscape ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY EAGLE CONCRETE PUMPING COMPANY / CUP-OI-OO4 PAGE 3 OF 5 Ordinance, Section 12-13. This shall require adding a landscape buffer along all side and rear lot lines adjacent to a vehicular use area. Applicant shall submit a modified site/landscape plan that conforms with the Landscape Ordinance when applying for a Certificate of Zoning Compliance. 2.10 All required improvements shall be complete prior to obtaining a Certificate of Occupancy. 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 shall accompany any request for Temporary Occupancy. 2.11 Assessments for sewer and water service are determined during the building permit application process. 2.12 In accordance with City Ordinance 12-13-8-1, underground year-round pressurized irrigation shall be provided to all landscape areas on site. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. Applicant shall submit irrigation performance specifications in compliance with Ordinance 12-13-8-2 when applying for a Certificate of Zoning Compliance. 2.13 The proposed gravel area behind the fence shall be hard surfaced with asphalt if it is to be used for parking or circulation in accordance with City Ordinance 11-13-4(D). 2.14 The future building expansion and the graveled area north of the trash enclosure shall either be paved in accordance with standards established by the City, or it shall be surrounded by a fence to prohibit the circulation or parking of vehicles on the unimproved surface. 2.15 Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.16 Paving and striping shall be in accordance with the standards set forth ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY EAGLE CONCRETE PUMPING COMPANY / CUP-OI-OO4 PAGE 4 OF 5 - in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.17 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer per City Ordinance 11-13-4.B.4 for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.18 Outside lighting shall be designed and placed so as to not direct illumination onto any nearby residential areas and in accordance with City Ordinance Section 11-13-4.c. 2.19 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-S. Wells may be used for non-domestic purposes such as landscape irrigation. 2.20 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlçs Department. 2.21 All construction shall conform to the requirements of the Landscape Ordinance 12-13. 2.22 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.c. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSe) and provide a letter of approval from SSC to the Planning & Zoning Department when applying for a Certificate of Zoning Compliance. 2.23 Provide five-foot-wide sidewallçs in accordance with City Ordinance Section 12-5-2.1<.. 2.24 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY EAGLE CONCRETE PUMPING COMPANY / CUP-OI-OO4 PAGE 5 OF 5 2.25 All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 2.26 ACHD policy requires that before any improvements of any kind are constructed or installed within the public right-of-way, a permit or license agreement permitting the improvements shall be obtained. 2.27 All future design plans 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 in writing by the District. Adopt the Recommendations of the Ada County Highway District as follows: 2.28 All storm drainage is to be retained on the site. 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 § 11-17-S, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the mar;- ,2001. .fA.. /5 - day of ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY EAGLE CONCRETE PUMPING COMPANY / CUP-OI-OO4 PAGE 6 OF 5 Copy served upon Applicant, the Planning and Zoning Department, Public Worlçs Department and City Attorney. ByJl~~9- City Clerk Dated: 5--/~~CJ( ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - BY EAGLE CONCRETE PUMPING COMPANY / CUP-OI-OO4 PAGE 7 OF 5