HomeMy WebLinkAboutBodily RV CUP-01-020BEFORE THE CITY cOuNCIL OF THE CITy OF MERIDIAN
C/C 08-08-01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR THE
ESTABLISHMENT OF A NEW
RECREATIONAL VEHICLE
SALE LOT IN A I-L ZONE
LOCATED ON THE
NORTHEAST CORNER OF S.
LINDER AND E. OVERLAND
ROAD, MERIDIAN, IDAHO
GARY BODILY,
APPLICANT
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Case No. CUP-O1-020
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 August 8, 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, and Gary Smith, Public Works Directors, both appeared and
testified, and appearing and testifying on behalf of the Applicant was Anna Powell,
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-020)
issued by the Planning and Zoning Commission who conducted a public hearing and
the Council having heard and taken oral and written testimony, and having duly
considered the matter, the City Council hereby makes the following Findings of Fact,
Conclusions of Law and Decision and Order to-wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published
for two (2) consecutive weeks prior to the said public hearing scheduled for August 8,
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 extemal 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 August 8,200 I, 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 (CUP-Oi-020) 2
forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 1 I-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 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 on the northeast corner of S. Linder and E.
Overland Road, Meridian, Idaho.
5. The owner of record of the subject property is Gary Bodily of 203 SE ist
Street, Meridian, Idaho.
6. Applicant is the owner of record.
7. The subject property is currently zoned I-L. The zoning district of I-L is
defined within the City of Meridian Zoning and Development Ordinance, Section
11 ~7-2.
8. The proposed application requests a conditional use permit for the
establishment of a new recreational vehicle sale lot. A new 2,500-square-foot sales
building is the only building proposed to be built at this time. In the future, the
applicant would like to build addi'tional buildings for display and maintenance
purposes.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-020) 3
The subject property was formerly used for production of concrete products
and some gravel extraction and is currently undeveloped. Action will be tal<en by the
applicant to reclaim the land and minimize the scarring that was left behind during
and after the excavation of gravel on the proposed site.
The property does not have water or sewer services available on site, and the
property will not be able to connect to City sewer at this time. A water line will need
to be extended west on Overland to service the property. The applicant has proposed
using a septic system for sewage disposal until such time that sewer services become
available at this location.
The Hardin Drain runs east to west across the width of the front half of the
parcel. The applicant intends to leave the waterway uncovered at the request of the
Nampa & Meridian Irrigation District.
9. The Meridian City Council recognizes that the property is located in an
area designated as Existing Urban in the Comprehensive Plan Land Use Map. Sales
lots are listed as a commercial use in the zoning ordinance, and are conditionally
allowed in an industrial district.
10. The subject property is located on the north side of Overland Road
immediately east of Linder Road. It is 15.95 acres in area and is currently within the
corporate limits of the City of Meridian. The property is zoned Light Industrial (I-L)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-020) 4
and has access from Overland Road. The freeway is north of the subject property.
The area immediately east of the subject property is developed with
industrial/commercial uses (zoned I-L). The property to the south and west is within
unincorporated Ada County and is developed with large residential lots and farm
ground (zoned Rural-Urban Transitional).
11. The surrounding uses are as follows:
North: 1-84.
South: Large residential lots and agricultural land, zoned RUT
(County).
East: Undeveloped land, zoned I-L.
West: Large residential lots and agricultural land, zoned RUT
(County).
12. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
13. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Tides 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-020) 5
14. 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 urill
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 subiect real property within the planning jurisdiction of the
City of Meridian subiect to the following:
Adopt the Recommendations of 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.
Within one year of completion of construction of Linder Road
Extension, a landscape buffer shall be installed along the full length of the
western property boundary line. The buffer shall fully comply with the
adopted Landscape Ordinance.
The proposed gravel parldng lots in the northeast and northwest comers
of the property shall be hard-surfaced with asphalt in accordance with
Meridian City Code.
There shall be no access to the property off of Linder Road at this time.
Future development of the southern portion of the lot that shall reqtfire
access to Linder Koad shall only be permitted through the conditional use
permit process.
The Hardin Drain shall remain uncovered per NMID's request.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-020)
6
I0.
Il.
12.
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 right-of-way. All parking lot
lighting shall be in accordance with Ordinance 1 !-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 reqtfirements
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 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 three 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
reqtfirements 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-01-020)
7
paving, striping, landscaping, and irrigation). A bid shall accompany any
request for temporary occupancy. Any temporary occupancy shall not
exceed 60 days to complete the required improvements.
13.
As part of a conditional use permit, the City of Meridian may impose
additional restrictions/conditions.
la,.
Applicant shall provide a permanent 20-foot wide easement corridor for the
operation and maintenance of the future eight-inch-diameter sanitary sewer
main along the north boundary of the subject parcel. Once the future sewer
reaches the west boundary of the subject parcel, the applicant shall have
six months to install the sewer across his parcel to the easement boundary
line. The applicant shall also discontinue use of the temporary septic
system and make physical connection to the new main. The septic system
shall be decommissioned per the standards of the Central District Health
Department. Applicant shall be subject to a Trunk Line Expansion Fee of
$1,500.00 per equivalent residential unit, due and payable at the time of
building permit issuance. It is advisable that the applicantinstall a dry line
sewer service at minimum depth and grade from the temporary septic
system to the future main location to ease the conversion.
15.
Recent hydraulic modeling for the domestic water system indicates that,
while the current total supply in the zone can meet this increase in
domestic demand, it is unable to meet fire flow requirements in the area
under maximum day demand conditions. A new well in Bear Creek Estates,
Well 22, will be completed at the end of the year. This will provide needed
supply on the west side of Meridian Road. Approval of additional phases
of Bear Creek Estates or other developments within the service zone are
being held up until the completion of Well 22. At the time of Well 22
completion, flows and pressures shall be monitored with the Meridian
Water Department to determine the availability of the needed fire flow to
the subject site.
16. A Certificate of Zoning Compliance and a Building Permit shall be
obtained prior to the start of construction.
17.
Prior to issuance of a building permit, a fire suppression system shall
be approved by Planning and Zoning Staff and the Fire Department
and installed by the applicant.
Adopt the Recommendations of the Sanitary Service as follows:
I. Applicant shall coordinate location and construction requirements of waste
RECOMMENDATION TO CITY COUNCIL - 8
REQUEST FOR CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF A
RECREATIONAL VEHICLE SALES LOT ON 15.95 ACRES, LOCATED IN AN
I-L ZONE
enclosure .location and size with Sanitary Services.
Adopt the Recommendations of the Meridian Fire Department as follows:
Street signs, water supply for fire hydrants and fire hydrants shall be
installed before building begins. Weeds and trash shall be kept clear.
Adopt the Recommendations of the Central District Health Department as
follows:
Specific lmowledge as to the exact type of use shall be provided before the
Central District Health Department can comment on the proposal.
More data shall be provided conceming soil conditions before the Central
District Health Department can comment on the proposal.
The Central District Health Department shall require a study to assess the
impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
4. Run-off is not to create a mosquito breeding problem.
If restroom facilities are to be installed, then a sewage system shall be
installed to meet Idaho State Sewage Regulations.
Applicant shall make an application for a septic permit from the Central
District Health Department.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
A License Agreement is required for the relocation of the Hardin Drain and
all encroachment agreements shall be in place.
All storm drainage shall be retained on site, if any water leaves the site a
discharge agreement shall be in place before construction can begin.
If the Hardin Drain is to be relocated, a new easement description is
required and the old description shall be relinquished.
Adopt the Recommendations of the Ada County Highway District as
follows:
RECOMMENDATION TO CITY COUNCIL - 9
REQUEST FOR CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF A
RECREATIONAL VEHICLE SALES LOT ON 15.95 ACRES, LOCATED IN AN
I-L ZONE
Dedicate 48-feet of right-of-way from the centerline of Overland Road
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. Allow up to 30 business
days to process the right-of-way dedication after receipt of all requested
material. The owner shall be paid the fair market value of the right-of-way
dedicated which is an addition to existing ACHD right-of-way if the owner
sub~rdts a letter of application to the impact fee administrator prior to
breaking ground, in accordance with Section 15 of ACHD Ordinance
#193. The right-of-way purchase agreement shall be completed and signed
by the applicant prior to scheduling the final plat for signature by the
ACHD Commission.
Dedicate 48-feet of right-of-way from the centefline of Linder Road
from Overland Road for approximately 410-feet to the north, then tapering
to 100-feet of right-of-way to the point where this development abuts 1-84,
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. Allow up to 30 business days to process the
right-of-way dedication after receipt of all requested material. The owner
shall be paid the fair market value of the right-of-way dedicated which is
an addition to existing ACHD right-of-way if the owner submits a letter of
application to the impact fee administrator prior to breaking ground, in
accordance with Section 15 of ACHD Ordinance # 193. The right-of-way
purchase agreement shall be completed and signed by the applicant prior
to scheduling the final plat for signature by the ACHD Commission. The
applicant shall be paid for this right-of-way, minus the road trust amount
for sidewalk on Linder Road ($22,800).
Construct one driveway on Overland Road located approximately 60-feet
west of the east property line, as proposed. Pave the driveway its full width
of 30 to 35-feet and at least 30-feet into the site beyond the edge of
pavement of Overland Road and install pavement tapers with 15-foot radii
abutting the existing roadway edge.
Locate any proposed gated entry a minimum of 50-feet from the edge of
pavement of a public road. Coordinate the location of any proposed gated
entry with District staff.
Provide a $12,480.00 deposit to the Public Rights-of-Way Trust Fund for
the cost of constructing a 5-foot wide concrete sidewalk on Overland Road
abutting the parcel (approximately 624-feet) prior to issuance of a building
permit, or District approval of a final plat, whichever occurs first.
RECOMMENDATION TO CITY COUNCIL - 10
REQUEST FOR CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF A
RECREATIONAL VEHICLE SALES LOT ON 15.95 ACRES, LOCATED INAN
I-L ZONE
OR
The applicant may construct sidewalk on Overland Road. If the applicant
chooses to construct sidewalk, the applicant should meander the sidewalk
outside of the right-of-way. If the sidewalk meanders, the applicant shall
provide the District with a sidewalk easement.
Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact Construction Serdces
at 387-6280 (with file numbers) for details.
Any existing irrigation facilities shall be relocated outside of the right-of-
way.
All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
Other than the access point specifically approved with this application,
direct lot or parcel access to Overland Road is prohibited.
10.
Access to Linder Road has not been proposed with this application and
none is approved.
15. 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:
15.1 The subject property is designated on the "Generalized Land Use Map"
as "Existing Urban".
16. 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.
17.
The uses proposed within the subject application will not be hazardous
RECOMMENDATION TO CITY COUNCIL - 11
REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A
OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN
or disturbing to existing or future neighboring uses.
18. The uses proposed within the subject application will be served
adequately by central public facilities and senrices such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water, and sewer.
19. 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.
20. 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
RECOMMENDATION TO CITY COUNCIL - 12
REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A
OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN
and notice provision required, pro'de 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)
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
RECOMMENDATION TO CITY COUNCIL - 13
REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A
OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare
or odors;
h. Will not resuk 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:
"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
RECOMMENDATION TO CITY COUNCIL - 14
REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A
OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN
Code § 11-17-6)
7. When the City Council approves a conditional use permit it may
impose conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area
and the Comprehensive Plan of the City of Meridian, which was adopted December
21, 1993, Ord. 629, January 4, 1994 and Maps.
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
RECOMMENDATION TO CITY COUNCIL - 15
REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A
OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN
the establishment of a new recreational vehicle sale lot in an I-L zone located at 1380
East Commercial Ave., Meridian, Idaho, subject to the following conditions of use
and development:
Adopt the Recommendations of Planning and Zoning and Engineering staff as
follows:
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.
Within one year of completion of construction of Linder Road
Extension, a landscape buffer shall be installed along the full length of the
western property boundary line. The buffer shall fully comply with the
adopted Landscape Ordinance.
The proposed gravel parking lots in the northeast and northwest comers
of the property shall be hard-surfaced with asphalt in accordance with
Meridian City Code.
There shall be no access to the property off of Linder Road at this time.
Future development of the southern portion of the lot that shall require
access to Linder Road shall only be permitted through the conditional use
permit process.
5. The Hardin Drain shall remain uncovered per NMID's request.
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 right-of-way. All parking lot
lighting shall be in accordance with Ordinance 11-13-4C.
8. All signage shall be in accordance with the standards set forth in Section
RECOMMENDATION TO CITY COUNCIL - 16
REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A
OFFICE/STORAGE FACILITY WITHIN THE IO0-YEAR FLOODPLAIN
10.
11.
12.
13.
14.
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.
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 iurisdiction 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 three 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: Ail 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 shall 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.
Applicant shall provide a permanent 20-foot wide easement corridor for the
operation and maintenance of the future eight-inch-diameter sanitary sewer
main along the north boundary of the subject parcel. Once the future sewer
reaches the west boundary of the subject parcel, the applicant shall have
six months to install the sewer across his parcel to the easement boundary
line. The applicant shall also discontinue use of the temporary septic
RECOMMENDATION TO CITY COUNCIL - 17
REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A
OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN
system and make physical connection to the new main. The septic system
shall be decommissioned per the standards of the Central District Health
Department. Applicant shall be subject to a Trunk Line Expansion Fee of
$1,500.00 per equivalent residential unit, due and payable at the rime of
building permit issuance. It is advisable that the applicantinstall a dry line
sewer service at minimum depth and grade from the temporary septic
system to the future main location to ease the conversion.
15.
Recent hydraulic modeling for the domestic water system indicates that,
while the current total supply in the zone can meet this increase in
domestic demand, it is unable to meet fire flow requirements in the area
under maximum day demand conditions. A new well in Bear Creek Estates,
Well 22, will be completed at the end of the year. This will provide needed
supply on the west side of Meridian Road. Approval of additional phases
of Bear Creek Estates or other developments within the service zone are
being held up until the completion of Well 22. At the time of Well 22
completion, flows and pressures shall be monitored with the Meridian
Water Department to determine the availability of the needed fire flow to
the subject site.
16.
A Certificate of Zoning Compliance and a Building Permit shall be
obtained prior to the start of construction.
17.
Prior to issuance of a building permit, a fire suppression system shall
be approved by Planning and Zoning Staff and the Fire Department
and installed by the applicant.
Adopt the Recommendations of the Sanitary Service as follows:
Applicant shall coordinate location and construction requirements of waste
enclosure location and size with Sanitary Services.
Adopt the Recommendations of the Meridian Fire Department as follows:
Street signs, water supply for fire hydrants and fire hydrants shall be
installed before building begins. Weeds and trash shall be kept clear.
Adopt the Recommendations of the Central District Health Department as
follows:
Specific knowledge as to the exact type of use shall be provided before the
Central District Health Department can comment on the proposal.
RECOMMENDATION TO CITY COUNCIL - 18
REQUEST FOR CONDITIONAL USE PERMIT-FOR ESTABLISHMENT OF A
RECREATIONAL VEHICLE SALES LOT ON 15.95 ACRES, LOCATED IN AN
I-L ZONE
More data shall be provided concerning soil conditions before the Central
District Health Department can comment on the proposal.
The Central District Health Department shall require a study to assess the
impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
4. Run-off is not to create a mosquito breeding problem.
If restroom facilities are to be installed, then a sewage system shall be
installed to meet Idaho State Sewage Regulations.
Applicant shall make an application for a septic permit from the Central
District Health Depamnent.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
A License Agreement is required for the relocation of the Hardin Drain and
all encroachment agreements shall be in place.
All storm drainage shall be retained on site, if any water leaves the site a
discharge agreement shall be in place before construction can begin.
If the Hardin Drain is to be relocated, a new easement description is
required and the old description shall be relinquished.
Adopt the Recommendations of the Ada County Highway District as
follows:
Dedicate 48-feet of tight-of-way from the centerline of Overland Road
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. Allow up to 30 business
days to process the fight-of-way dedication after receipt of all requested
material. The owner shall be paid the fair market value of the right-of-way
dedicated which is an addition to existing ACHD right-of-way if the owner
submits a letter of application to the impact fee administrator prior to
breaking ground, in accordance with Section 15 of ACHD Ordinance
# 193. The right-of-way purchase agreement shall be completed and signed
by the applicant prior to scheduling the final plat for signature by the
ACHD Commission.
RECOMMENDATION TO CITY COUNCIL , 19
REQUEST FOR CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF A
RECREATIONAL VEHICLE SALES LOT ON 15.95 ACRES, LOCATED IN AN
I-L ZONE
4
Dedicate 48-feet of right-of-way from the centerline of Linder Road
from Overland Road for approximately 410-feet to the north, then tapering
to 100-feet of right-of-way to the point where this development abuts 1-84,
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. Allow up to 30 business days to process the
right-of-way dedication after receipt of all requested material. The owner
shall be paid the fair market value of the right-of-way dedicated which is
an addition to existing ACHD right-of-way if the owner submits a letter of
application to the impact fee administrator prior to breaking ground, in
accordance with Section 15 of ACHD Ordinance # 193. The right-of-way
purchase agreement shall be completed and signed by the applicant prior
to scheduling the final plat for signature by the ACHD Commission. The
applicant shall be paid for this right-of-way, minus the road trust amount
for sidewalk on Linder Road ($22,800).
Construct one driveway on Overland Road located approximately 60-feet
west of the east property line, as proposed. Pave the driveway its full width
of 30 to 35-feet and at least 30-feet into the site beyond the edge of
pavement of Overland Road and install pavement tapers xvith 15-foot radii
abutting the existing roadway edge.
Locate any proposed gated entry a minimum of 50-feet from the edge of
pavement of a public road. Coordinate the location of any proposed gated
entry with District staff.
Provide a $12,480.00 deposit to the Public Rights-of-Way Trust Fund for
the cost of constructing a 5-foot wide concrete sidewalk on Overland Road
abutting the parcel (approximately 624-feet) prior to issuance of a building
permit, or District approval of a final plat, whichever occurs first.
OR
The applicant may construct sidewalk on Overland Road. If the applicant
chooses to construct sidewalk, the applicant should meander the sidewalk
outside of the tight-of-way. If the sidewalk meanders, the applicant shall
provide the District with a sidewalk easement.
Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact Construction Services
at 387-6280 (with file numbers) for details.
Any existing irrigation facilities shall be relocated outside of the tight-of-
way.
RECOMMENDATION TO CITY COUNCIL - 20
REQUEST FOR CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF A
RECREATIONAL VEHICLE SALES LOT ON 15.95 ACRES, LOCATED IN AN
I-L ZONE
8. All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
9. Other than the access point specifically approved with this application,
direct lot or parcel access to Overland Road is prohibited.
10. Access to Linder Road has not been proposed with this application and
none is approved.
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 requiremems 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 Cleric
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
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.
RECOMMENDATION TO CITY COUNCIL - 21
REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A
OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN
By action of the City Council at its regular meeting held on the
day of /~z~ ,2001.
ROLL CALL:
COUNCILMAN RON ANDERSON
VOTED
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
VOTED ~
VOTED__~a--'
VOTED_~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: J:t~'t/--O/t
VOTED
MOTION:
APPROVED:~
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
DePartment and the City Attorney.
Z:X'Vork~eri~an~efidian, 5360~o~1y RV C~0 ~~ ly~'
RECOMMENDATION TO CITY COUNCIL - 22
REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A
OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 08/08/01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR THE
ESTABLISHMENT OF A NEW
RECREATIONAL VEHICLE
SALE LOT IN A I-L ZONE
LOCATED ON THE
NORTHEAST CORNER OF S.
LINDER AND E. OVERLAND
ROAD, MERIDIAN, IDAHO
GARY BODILY,
APPLICANT
Case No. CUP-O1-020
ORDER GRANTING
CONDITIONAL USE PERMIT
I. This matter coming before the City Council on the 8th day of Augrtst,
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:
2. That the above named applicant is granted a conditional use permit for
the construction of a 21,000-square-foot office/storage facility for High Bridge, LLC.
in an I-L zone located at 1380 East Commercial Ave., Meridian, Idaho, subject to the
following conditions of use and development:
ORDER CONDITIONAL USE PERMIT - 1
BODILY RV / CUP-01-020
Adopt the Recommendations of Planning and Zoning and Engineering staff as
follows:
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.
Within one year of completion of construction of Linder Road
Extension, a landscape buffer shall be installed along the full length of the
western property boundary line. The buffer shall fully comply with the
adopted Landscape Ordinance.
The proposed gravel parldng lots in the northeast and northwest corners
of the property shall be hard-surfaced with asphalt in accordance with
Meridian City Code.
There shall be no access to the property off of Linder Road at this time.
Future development of the southern portion of the lot that shall require
access to Linder Road shall only be permitted through the conditional use
permit process.
The Hardin Drain shall remain uncovered per NMID's request.
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 11-
13-4.F.
Ail 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 right-of-way. Ail 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. Ail 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
ORDER CONDITIONAL USE PERMIT
BODILY RV / CUP-01-020
-2
10.
11.
12.
13.
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 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 three 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 shall 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.
Applicant shall provide a permanent 20-foot wide easement corridor for the
operation and maintenance of the future eight-inch-diameter sanitary sewer
main along the north boundary of the subject parcel. Once the future sewer
reaches the west boundary of the subject parcel, the applicant shall have
six months to install the sewer across his parcel to the easement boundary
line. The applicant shall also discontinue use of the temporary septic
system and make physical connection to the new main. The septic system
shall be decommissioned per the standards of the Central District Health
Department. Applicant shall be subject to a Trunk Line Expansion Fee of
$1,500.00 per equivalent residential unit, due and payable at the time of
building permit issuance. It is advisable that the applicantinstall a dry line
sewer service at minimum depth and grade from the temporary septic
system to the future main location to ease the conversion.
ORDER CONDITIONAL USE PERMIT
BODILY RV/ CUP-01-020
-3
15.
Recent hydraulic modeling for the domestic water system indicates that,
while the current total supply in the zone can meet this increase in
domestic demand, it is unable to meet fire flow requirements in the area
under maximttm day demand conditions. A new well in Bear Creek Estates,
Well 22, will be completed at the end of the year. This will provide needed
supply on the west side of Meridian Road. Approval of additional phases
of Bear Creek Estates or other developments within the service zone are
being heId up until the completion of Well 22. At the time of Well 22
completion, flows and pressures shall be monitored with the Meridian
Water Department to determine the availability of the needed fire flow to
the subject site.
16.
A Certificate of Zoning Compliance and a Building Permit shall be
obtained prior to the start of construction.
17.
Prior to issuance of a building permit, a fire suppression system shall
be approved by Planning and Zoning Staff and the Fire Department
and installed by the applicant.
Adopt the Recommendations of the Sanitary Service as follows:
Applicant shall coordinate location and construction requirements of waste
enclosure location and size with Sanitary Services.
Adopt the Recommendations of the Meridian Fire Department as follows:
Street signs, water supply for fire hydrants and fire hydrants shall be
installed before building begins. Weeds and trash shall be kept clear.
Adopt the Recommendations of the Central District Health Department as
follows:
Specific knowledge as to the exact type of use shall be provided before the
Central District Health Department can comment on the proposal.
More data shall be provided concerning soil conditions before the Central
District Health Department can comment on the propOsal.
The Central District Health Department shall require a study to assess the
impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
4. Run-off is not to create a mosquito breeding problem.
RECOMMENDATION TO CITY COUNCIL - 4
REQUEST FOR CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF A
RECREATIONAL VEHICLE SALES LOT ON 15.95 ACRES, LOCATED IN AN
I-L ZONE
5. If restroom facilities are to be installed, then a sewage system shall be
installed to meet Idaho State Sewage Regulations.
Applicant shall make an application for a septic permit from the Central
District Health Department.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
A License Agreement is required for the relocation of the Hardin Drain and
all encroachment agreements shall be in place.
All storm drainage shall be retained on site, if any water leaves the site a
discharge agreement shall be in place before construction can begin.
If the Hardin Drain is to be relocated, a new easement description is
required and the old description shall be relinquished.
Adopt the Recommendations of the Ada County Highway District as
follows:
Dedicate 48-feet of fight-of-way from the centerline of Overland Road
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. Allow up to 30 business
days to process the right-of-way dedication after receipt of all requested
material. The owner shall be paid the fair market value of the right-of-way
dedicated which is an addition to existing ACHD right-of-way if the owner
submits a letter of application to the impact fee administrator prior to
brealdng ground, in accordance with Section 15 of ACHD Ordinance
#193. The right-of-way purchase agreement shall be completed and signed
by the applicant prior to scheduling the final plat for signature by the
ACHD Commission.
Dedicate 48-feet of right-of-way from the centeriine of Linder Road
from Overland Road for approximately 410-feet to the north, then tapering
to 100-feet of right-of-way to the point where this development abuts 1-84,
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. Allow up to 30 business days to process the
right-of-way dedication after receipt of all requested material. The owner
shall be paid the fair market value of the fight-of-way dedicated which is
RECOMMENDATION TO CITY COUNCIL - 5
REQUEST FOR CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF A
RECREATIONAL VEHICLE SALES LOT ON 15.95 ACRES, LOCATED IN AN
I-L ZONE
an addition to existing ACHD right-of-way if the owner submits a letter of
application to the impact fee administrator prior to breaking ground, in
accordance with Section 15 of ACHD Ordinance # 193. The right-of-way
purchase agreement shall be completed and signed by the applicant prior
to scheduling the final plat for signature by the ACHD Commission. The
applicant shall be paid for this right-of-way, minus the road trust amount
for sidewalk on Linder Road ($22,800).
Construct one driveway on Overland Road located approximately 60-feet
west of the east property line, as proposed. Pave the driveway its full width
of 30 to 35-feet and at least 30-feet into the site beyond the edge of
pavement of Overland Road and install pavement tapers with 15-foot radii
abutting the existing roadway edge.
Locate any proposed gated entry a minimum of 50-feet from the edge of
pavement of a public road. Coordinate the location of any proposed gated
entry with District staff.
Provide a $12,480.00 deposit to the Public Rights-of-Way Trust Fund for
the cost of constructing a 5-foot wide concrete sidewalk on Overland Road
abutting the parcel (approximately 624-feet) prior to issuance of a building
permit, or District approval of a final plat, whichever occurs first.
OR
The applicant may construct sidewalk on Overland Road. If the applicant
chooses, to construct sidewall<, the applicant should meander the sidewall<
outside of the right-of-way. If the sidewalk meanders, the applicant shall
provide the District with a sidewalk easement.
Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District. Contact Construction Services
at 387-6280 (with file numbers) for details.
Any existing irrigation facilities shall be relocated outside of the right-of-
way.
All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
Other than the access point specifically approved with this application,
direct lot or parcel access to Overland Road is prohibited.
RECOMMENDATION TO CITY COUNCIL - 6
REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A
OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN
10. Access to Linder Road has not been proposed with this application and
none is approved.
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 § 11-17-8, a copy of
which is attached to this permit.
By action of the City Council at its regular meeting held on the 2[ °~P
of ~oc ['"- ,2001.
day
R~obe3~ D. Cor~ie, Mayor City-of Mere-dian
Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs
Department and City Attorney.
By:J/6~-~ ~~ Dated: ~:vf~/'~ g57/ City Clerk
\~4'PA_NTS40_PDCxSERVER_ZXWorkWi'q~eridianVvleridian 15360MV-ligh Bridge Office CUP01-023
RECOMMENDATION TO CITY COUNCIL - 7
REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A
OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN