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HomeMy WebLinkAboutElliot Business Park CUP-01-013BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06-19-01 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR THE ) MANUFACTURING OF ) INFLATABLE BOATS IN THE ) ELLIOTT BUSINESS PARK, IN ) AN I-L ZONE, LOCATED EAST ) OF LOCUST GROVE ROAD ) AND SOUTH OF EAST ) WILSON LANE, MERIDIAN, ) IDAHO ) H2NR, LLC, ) ) ) ) APPLICANT Case No. CUP-OI-013 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on June 5, 2001, and tabled until June 19, 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 Greg Ramp, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 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 (2) consecutive weeks prior to the said public hearing scheduled for June 5, 2001, and tabled until June 19, 2001, 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 June 5, 2001, and tabled until June 19, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 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 of Posting filed with the staff report. 3. This proposed development request is in an I-L zone and by reason of the prgvisions 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 east of Locust Grove Road and south of East Wilson Lane, Meridian, Idaho. 5. The owner of record of the subject property is the Elliott Group, LLC., of Meridian, Idaho. 6. Applicant is H2NR, LLC of Eagle, Idaho. 7. The subject property is currently zoned I-L. The zoning district of I-L is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for the manufacture of inflatable boats for Elliott Business Park. The I-L zoning designation within the City of Meridian Zoning and Development Ordinance, when it is located in a Mixed Use Review area, requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 Development Ordinance, Section 11-8- I ). 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 ex~pense 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 Landscaping shall be installed as submitted on the site plan. Three copies of detailed landscape plans and irrigation performance specifications shall be required prior to the issuance of a Certificate of Zoning Compliance. All trees shall be 2" caliper or larger. The man-made pond shall be maintained in a manner that shall not allow the pond to become stagnant or become a breeding ground for mosquitoes. Documentation verifying that provisions shall be made to ensure that the pond shall not become a nuisance shall be submitted prior to requesting a Certificate of Zoning Compliance. The Jackson Drain shall remain uncovered and the developer of the subdivision shall be responsible for constructing a 10-foot asphalt pathway along the JacLson Drain. Coordinate path design and location requirements with the City Parks Dept. The pathway shall be constructed or bonded for prior to occupancy of the AIRE structure. All parldng and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance 1 I- 13-4.F. All exterior lighting, whether attached to the building or located within the parldng lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or rights-of-way. All parldng lot lighting shall be in accordance with Ordinance 11-13-4C. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. No signs were requested under subject application and none are approved. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 10. 11. 12. 13. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parldng areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. Certificate of Occupancy: All required improvements shall 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 shall accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. Sanitary sewer and water service to this site shall be provided via extension of mains being installed as part of the Butte Fence project. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 Adopt the Recommendations of the ACHD as follows: 14. Dedicate 29-feet of right-of-way (an additional 9-feet) from the centefline of Wilson Lane abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 15. Construct curb, gutter, and 5-foot sidewalk and match paving on Wilson Street abutting the site. Improvements shall be constrncted to one-half plus 12-feet of a 40-foot street section. 16. Construct an ACHD approved temporary turnaround at the end of Wilson Lane. Submit a design of the turnaround for review and approval by District staff. 17. Provide a recorded cross access easement for the parcels to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 18. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 19. Construct a curb cut driveway at the west property line as proposed. 20. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. The District requires driveways be paved to their full-required width of 24 to 30-feet at least 30-feet beyond the edge of pavement of Wilson Lane. 21. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Wilson Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 22. Additionally, the Applicant shall comply with all the Standard Requirements listed within the ACHD's letter dated June 16, 2001. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 Adopt the Recommendations of the Meridian Fire Department as follows: 23. All Codes shall be met for a manufacturing plant according to the Uniform Fire Code. 24. Several fire hydrants shall be required, first and second floor shall be fitted with approved sprinkler systems. 25. Applicant shall require approval of the Fire Department for high pile storage. 26. Applicant shall provide an access door in the rear of the building. 27. Trucks are not permitted in rear of building. 28. Use and storage of hazardous materials (e.g. Glue) shall be subiect to the review of the Fire Department. Adopt the Recommendations of the Central District Health Dept as follows: 29. The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health Sc Welfare, Division of Environmental Quality. 30. Run-off is not to create a mosquito breeding problem. 31. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 32. The Engineers and architects involved with the design of the subiect proiect shall obtain current best management practices for stormwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Sanitary Service as follows: 33. Applicant shall provide a minimum of 10' inside gate post clearance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 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 Mixed Use Review Area". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public fadlities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 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. 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) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 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; uses; Will not be hazardous or disturbing to existing or future neighboring 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 District (I-L), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 1 "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 impose conditions of that approval that reasonably: B. C. D. 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. 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 the manufacture of inflatable boats for Elliott Business Park in an I-L zone located east of Locust Grove Road and south of East Wilson Lane, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Landscaping shall be installed as submitted on the site plan. Three copies of detailed landscape plans and irrigation performance specifications shall be required prior to the issuance of a Certificate of Zoning Compliance. All trees shall be 2" caliper or larger. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 The man-made pond shall be maintained in a manner that shall not allow the pond to become stagnant or become a breeding ground for mosquitoes. Documentation verifying that provisions shall be made to ensure that the pond shall not become a nuisance shall be submitted prior to requesting a Certificate of Zoning Compliance. The Jackson Drain shall remain uncovered and the developer of the subdivision shall be responsible for constructing a lO-foot asphalt pathway along the Jackson Drain. Coordinate path design and location requirements with the City Parks Dept. The pathway shall be constructed or bonded for prior to occupancy of the AIRE structure. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance 11-13- All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or rights-of-way. All parldng lot lighting shall be in accordance with Ordinance 11-13-4C. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. No signs were requested under subject application and none are approved. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 7. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. lO.Certificate of Occupancy: All required improvements shall 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 1 I0% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. I 1 .As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 12.Sanitary sewer and water service to this site shall be provided via extension of mains being installed as part of the Butte Fence project. 13.A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. Adopt the Recommendations of the ACHD as follows: 14.Dedicate 29-feet of right-of-way (an additional 9-feet) from the centerline of Wilson Lane abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 15.Construct curb, gutter, and 5-foot sidewalk and match paving on Wilson Street abutting the site. Improvements shall be constructed to one-half plus FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 12-feet of a 40-foot street section, 16.Construct an ACHD approved temporary turnaround at the end of Wilson Lane. Submit a design of the turnaround for review and approval by District staff. 17.Provide a recorded cross access easement for the parcels to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 18.Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 19.Construct a curb cut driveway at the west property line as proposed. 20.Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. The District requires driveways be paved to their full-required width of 24 to 30-feet at least 30- feet beyond the edge of pavement of Wilson Lane. 21 .Other than the access point(s) specifically approved with this application, direct lot or parcel access to Wilson Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 22 .Additionally, the Applicant shall comply with all the Standard Requirements listed within the ACHD's letter dated June 16, 2001. Adopt the Recommendations of the Meridian Fire Department as follows: 23.All Codes shall be met for a manufacturing plant according to the Uniform Fire Code. 24.Several fire hydrants shall be required, first and second floor shall be fitted with approved sprinkler systems. 25 .Applicant shall require approval of the Fire Department for high pile storage. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - ! 6 26.Applicant shall provide an access door in the rear of the building. 27.Trucks are not permitted in rear of building. 28.Use and storage of hazardous materials (e.g. Glue) shall be subject to the review of the Fire Department. Adopt the Recommendations of the Central District Health Dept as follows: 29.The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 30.Run-off is not to create a mosquito breeding problem. 31 .Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 32.The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Sanitary Service as follows: 33. Applicant shall provide a minimum of 10' inside gate post clearance. 2. The conditions shall be reviewable by the Cotmcil 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 4. That the City Attorney draft an Order Granting Conditional Use Permit in acfi0rdance 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 tal~e 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 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 dayof ~:~'~ , 2001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED VOTED VOTED~ VOTED.~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 MAYOR ROBERT D. CORRIE (TIE BREAK_ER) VOTED DATED: 7--,~--O tI MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department mad the City Attorney. City Clerk 0\13~.dcA~-NTS40_PDC~SERVER_Z~WorkkM~MerldiankMeridian 15360IVI~LLIOTT BUSINESS PARK CUP01-~0~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/19/01 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR THE ) MANUFACTURE OF ) INFLATABLE BOATS IN THE ) ELLITOTT BUSINESS PARK, IN ) AN I-L ZONE, LOCATED EAST ) OF LOCUST GROVE ROAD ) AND SOUTH OF EAST ) WILSON LANE, MERIDIAN, ) IDAHO ) H2NR, LLC, ) ) ) ) APPLICANT Case No. CUP-01-013 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coining before the City Council on the 5~h day of June, 200 I, and tabled until June 19, 2001, under the provisions of Meridian City Code § ] 1-17-4 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: 2. That the above named applicant is granted a conditional use permit for the manufacture of inflatable boats for Elliott Business Park, in an I-L zone located east of Locust Grove Road and south of East Wilson Lane, Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT - 1 BY H2NR, LLC / CUP-01-013 Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: '2. Landscaping shall be installed as submitted on the site plan. Three copies of detailed landscape plans and irrigation performance specifications shall be required prior to the issuance of a Certificate of Zoning Compliance. All trees shall be 2" caliper or larger. The man-made pond shall be maintained in a manner that shall not allow the pond to become stagnant or become a breeding ground for mosquitoes. Documentation verifying that provisions shall be made to ensure that the pond shall not become a nuisance shall be submitted prior to requesting a Certificate of Zoning Compliance. The Jad~son Drain shall remain uncovered and the developer of the subdivision shall be responsible for constructing a 10-foot asphalt pathway along the JacLson Drain. Coordinate path design and location requirements with the City Parks Dept. The pathway shall be constructed or bonded for prior to occupancy of the AIRE structure. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance 11-13-4.F. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. Ail signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. No signs were requested under subject application and none are approved. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. Ail construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. ORDER CONDITIONAL USE PERMIT BY H2NR, LLC / CUP-01-013 -2 I0. 11. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. Certificate of Occupancy: All required improvements shall 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 shall accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 12. 13. Sanitary sewer and water service to this site shall be provided via extension of mains being installed as part of the Butte Fence project. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. Adopt the Recommendations of the ACHD as follows: ORDER CONDITIONAL USE PERMIT BY H2NR, LLC / CUP-01-013 -3 14. Dedicate 29-feet of right-of-way (an additional 9-feet) from the centerline of Wilson Lane abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 15. Construct curb, gutter, and 5-foot sidewalk and match paving on Wilson Street abutting the site. Improvements shall be constructed to one-half plus 12-feet of a 40-foot street section. 16. Construct an ACHD approved temporary turnaround at the end of Wilson Lane. Submit a design of the turnaround for review and approval by District staff. 17. Provide a recorded cross access easement for the parcels to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 18. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 19. Construct a curb cut driveway at the west property line as proposed. 20. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. The District requires driveways be paved to their full-required width of 24 to 30-feet at least 30-feet beyond the edge of pavement of Wilson Lane. 21. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Wilson Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 22. Additionally, the Applicant shall comply with all the Standard Requirements listed within the ACHD's letter dated June 16, 2001. Adopt the Recommendations of the Meridian Fire Department as follows: 23. All Codes shall be met for a manufacturing plant according to the Uniform Fire Code. ORDER CONDITIONAL USE PERMIT BY H2NR, LLC / CUP-01-OI3 -4 24. 25. 26. 27. 28. Several fire hydrants shall be required, first and second floor shall be fitted with approved sprinlder systems. Applicant shall require approval of the Fire Department for high pile storage. Applicant shall provide an access door in the rear of the building. Trucks are not permitted in rear of building. Use and storage of hazardous materials (e.g. Glue) shall be subject to the review of the Fire Department. Adopt the Recommendations of the Central District Health Dept as follows: 29. 30. 31. 32. The Applicant's central sewage and central water plans shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. Run-off is not to create a mosquito breeding problem. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendations of the Sanitary Service as follows: 33. Applicant shall provide a minimum of 10' inside gate post clearance. 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. ORDER CONDITIONAL USE PERMIT BY H2NR, LLC / CUP-O1-013 -5 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the ,2001. Robe~ D Come, Mayor C~ty of Mendmn Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Dated: 7--oX / CityClerk ~ ," ~ j Z:\WorkWi~Vleridian~vleridian 15360M~LL1OTF BUSINESS PAR/( CUP01-013\OrderCUP01-013.do~ ~ ORDER CONDITIONAL USE PERMIT - 6 BY H2NR, LLC / CUP-OI-O13