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HomeMy WebLinkAboutHigh Bridge Office CUP-01-023BEFORE THE CITY COUNCIL OF THE CITy OF MERIDIAN C/C 08-08-01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN IN A I-L ZONE LOCATED AT 1380 EAST COMMERCIAL AVE., MERIDIAN, IDAHO ROBNETT CONSTRUCTION, INC. APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-O1-023 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, appeared and testified, 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 (CUP-01-023) 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 August 8, 2001, before the City Council, the first publication appearing and ~vritten 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 August 8,2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-023) 2 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. The property is Iocated at 1380 East Commercial Ave.,, Meridian, Idaho. 5. The owner of record of the subject property is High Bridge, LLC, of Boise, Idaho. 6. Applicant is Robnett Construction, Inc., 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 construction of a 21,000-square-foot office/storage facility for High Bridge, LLC. Storage and warehousing are permitted uses in an I-L zone according to the Schedule of Use Control (11-8-1). Although the proposed use is permitted within the I-L zone, a portion of the parcel and proposed building is located within the 100-year floodplain as shown on the effective Flood Insurance Rate Map (FIRM). All FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-Ol-023) 3 development within the 100-year floodplain is regulated by Meridian City Code 11- 11 (1-9), the Floodplain Overlay District, and 10-6. All development within the Floodplain Overlay District is required to obtain a Conditional Use Permit from the Council and Commission prior to beginning development (11-11-2). The purpose of the Floodplain Overlay District (FP) is to guide development in floodplain areas throughout the City of Meridian, and to minimize the expense and inconveniences to the individual property owners and the general public that may occur during a flood. Authorized uses in the FP shall not hinder the movement of floodwaters. The FP is superimposed over other zoning districts, wherever a 100-year floodplain exists (see Ordinance 11- I 1- I). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The subject property is located on the north side of E. Commercial Avenue, 300 feet west of the intersection of North Ralstin Street and Conunercial Avenue in the Railside Park Subdivision. It is generally located north of Franklin Road, approximately halfway between E. 5~h Street and N. Baltic Place. The lot is currently zoned I-L. 11. The surrounding uses are as follows: North: Lot owned by Artco, LLC, zoned I-L. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-023) 4 South: D&J Auto Transport East: Plumber's Union Building West: Vacant ground previously approved as multiple-use development known as Pine Center PUD. 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 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. 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 will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-023) 5 Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: The sewer and water systems shall be flood-proofed and approved by the District Health Dept. of the Department of Health and Welfare as per Ordinance 11-11-3.A. 1. An engineer shall certify that the flood-proofing requirement has been fulfilled as per Ordinance 11-11-3.A. 3. Ordinance 11-11-3.A. 2 requires that no structure shall be erected unless the lowest finished floor is placed a minimum of one foot above the Base Flood Elevation (BFE) of the lO0-year floodplain. The BFE for the snbject parcel is 2603.5 feet above sea level. The finished floor elevation of the proposed building shall be at least 2604.5 ft. above sea level as depicted on the submitted plans. The applicant shall submit an Elevation Certificate prior to occupancy in order to verify that the lowest finished floor elevation of the structure meets this requirement. Materials that are buoyant, flammable, noxious, toxic or otherwise potentially injurious if transported by floodwaters are prohibited as per Ordinance 11-11-5. Storage of any materials or equipment not having these characteristics is permissible only if they have low damage potential and are anchored or are readily removable from the area. Conditions that may be required by the Commission [and Council] per Ordinance 11-11-4 in approving structures in a Floodplain Overlay Zone through the Conditional Use Process include: a. Limitations on periods of use and operation; b. Imposition of deed restrictions; c. Location and arrangement of structures within the floodway and floodway fringe areas to avoid an increase in flood heights during the recurrence of the 100-year flood discharge; d. Requirement for construction of channel modifications, dikes, levees and other protective measures; e. Placement of survey benchmarlcs; and f. Additional flood-proofing measures. According to Ordinance 1 i-11-6, the evaluation of the effect of the proposed use causing an increase in flood heights is based not just on the effect of the single use acting alone, but upon the reasonable assumption that other landowners within the floodplain may need to be allowed to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-023) 6 10. 11. 12. 13. develop to an equivalent extent within the floodplain. Therefore, the cumulative effects of all such encroachments shall be considered by the Commission and Council in making any decision. All signage is subject to design review and requires separate permits. No freestanding signs are proposed with this application and none are approved. Dimensions of all parking stalls shall conform to minimum dimensions as per City Ordinance. City Ordinance requires 9' X 19' standard stalls and 25-foot-wide minimum driveways, not 9'x 18' stalls as depicted on the site plan. The ADA requires 2 accessible parking spaces when there is between 25 and 50 provided parking stalls. An additional accessible handicap-accessible stall shall be incorporated into the site design. Additionally, the handicap ramp cannot be located within the access aisle as depicted on the site plan and shall be located within the sidewalk area. The handicap parking spaces shall have signage per ADA standards. The six (6) parking stalls designated as "small cars" parking along the eastern edge of the property comprise 20% of the proposed parking for this site. Ail parking for this use shall be standard size. The applicant shall submit a detailed site/landscape plan that conforms with the Landscape Ordi~mnce and parking requirements when applying for a Certificate of Zoning Compliance. The type, size and location of the proposed trees and shrubs shall be included on the landscape plan as well as a detailed irrigation plan as required by the Landscape Ordinance. All required improvements shall be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for Temporary Occupancy. Assessments for sewer and water service are to be determined during the building permit application process. The proposed site plan does not include a trash enclosure. A dumpster shall be provided and shall be enclosed on three sides as per Section 11-12- lC. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-01-023) 7 14. Off-street parking shall be provided in accordance with Section 11-13 of the City of meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 15. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 16. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer per City Ordinance 11-13-4.B.4 for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 17. Outside lighting shall be designed and placed so as to not direct illumination onto any nearby residential areas and in accordance with City Ordinance Section I 1-13-4.C. 18. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 19. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 20. All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department when applying for a Certificate of Zoning Compliance. 21. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. RECOMMENDATION TO CITY COUNCIL - 8 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN 22. 23. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada Comity Highway District as follows: Applicant tO comply with ACHD's letter dated June 12, 2001 and along with the April 10, 1996 conditions and requirements of Railside Industrial Park. Adopt the Recommendations of the Meridian Fire Department as follows: 1. All Codes regarding fire hydrants, water fire flow and sprinkler systems shall be met. Adopt the Recommendations of the Central District Health Department as follows: 1. Run-off is not to create a mosquito breeding problem. Stormwater Criteria: It is recommended that storm water be pre-treated through grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Env/ronmental Quality, July 1997. Stormreater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All storm drainage shall be retained on site, if any water leaves the site a RECOMMENDATION TO CITY COUNCIL - 9 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN Land Use Change application and discharge agreement shall be in place before construction can begin. 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 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 services 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 RECOMMENDATION TO CITY COUNCIL - 10 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE i 00-YEAR FLOODPLAIN natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. The City of Meridian shall exerdse 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 Coundl 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) RECOMMENDATION TO CITY COUNCIL - 11 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN 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 sendces 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: RECOMMENDATION TO CITY COUNCIL - 12 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE i 00-YEAR FLOODPLAIN "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 heating 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 Conm~ission 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 Cormnission shall ensure that any approval or approval with conditions of an application shall be in a~cordance 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: 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 RECOMMENDATION TO CITY COUNCIL - 13 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN 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 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: Adopt the Recommendarions of Planning and Zoning and Engineering staff as follows: The sewer and water systems shall be flood-proofed and approved by the District Health Dept. of the Department of Health and Welfare as per Ordinance 11-11-3.A. 1. An engineer shall certify that the flood-proofing requirement has been fulfilled as per Ordinance I 1-11-3.A.3. Ordinance 11-1 I-3.A. 2 requires that no structure shall be erected unless the lowest finished floor is placed a minimum of one foot above the Base Flood Elevation (BFE) of the 100-year floodplain. The BFE for the subject parcel is 2603.5 feet above sea level. The finished floor elevation of the RECOMMENDATION TO CITY COUNCIL - 14 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN proposed building shall be at least 2604.5 ft. above sea level as depicted on the submitted plans. The applicant shal.1 submit an Elevation Certificate prior to occupancy in order to verify that the lowest finished floor elevation of the structure meets this requirement. Materials that are buoyant, flammable, noxious, toxic or otherwise potentially injurious if transported by floodwaters are prohibited as per Ordinance 11-11-5. Storage of any materials or equipment not having these characteristics is permissible only if they have low damage potential and are anchored or are readily removable from the area. Conditions that may be required by the Commission [and Council] per Ordinance 11-I 1-4 in approving structures in a Floodplain Overlay Zone through the Conditional Use Process incIude: a. Limitations on periods of use and operation; b. Imposition of deed restrictions; c. Location and arrangement of structures within the floodway and floodway fringe areas to avoid an increase in flood heights during the recurrence of the 100-year flood discharge; d. Requirement for construction of channel modifications, dikes, levees and other protective measures; e. Placement of survey benchmarks; and f. Additional flood-proofing measures. According to Ordinance 11-11-6, the evaluation of the effect of the proposed use causing an increase in flood heights is based not just on the effect of the single use acting alone, but upon the reasonable assumption that other landowners within the floodplain may need to be allowed to develop to an equivalent extent within the floodplain. Therefore, the cumulative effects of all such encroachments shall be considered by the Commission and Council in making any decision. All signage is subject to design review and requires separate permits. No freestanding signs are proposed with this application and none are approved. Dimensions of all parking stalls shall conform to minimum dimensions as per City Ordinance. City Ordinance requires 9' X 19' standard stalls and 25-foot-wide minimum driveways, not 9'x 18' stalls as depicted on the site plan. The ADA requires 2 accessible parking spaces when there is between 25 and 50 provided parking stalls. An additional accessible handicap-accessible RECOMMENDATION TO CITY COUNCIL - 15 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUC'I~ION OF A OFFICE/STORAGE FACILITY WITHIN THE IO0-YEAR FLOODPLAIN stall shall be incorporated into the site design. Additionally, the handicap ramp cannot be located within the access aisle as depicted on the site plan and shall be located within the sidewalk area. The handicap parking spaces shall have signage per ADA standards. The six (6) parking stalls designated as "small cars" parking along the eastern edge of the property comprise 20% of the proposed parking for this site. All parking for this use shall be standard size. 10. The applicant shall submit a detailed site/landscape plan that conforms with the Landscape Ordinance and parking requirements when applying for a Certificate of Zoning Compliance. The type, size and location of the proposed trees and shrubs shall be included on the landscape plan as well as a detailed irrigation plan as required by the Landscape Ordinance. 11. All required improvements shall be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for Temporary Occupancy. 12. Assessments for sewer and water service are to be determined during the building permit application process. 13. The proposed site plan does not include a trash enclosure. A dumpster shall be provided and shall be enclosed on three sides as per Section 11-12- lC. 14. Off-street parking shall be provided in accordance with Section 11-13 of the City of meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 15. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 16. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer per City Ordinance 11-13-4.B.4 for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 17. Outside lighting shall be designed and placed so as to not direct RECOMMENDATION TO CITY COUNCIL - 16 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN illumination onto any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 18. 19. 20. 21. 22. 23. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. All irrigation ditches, laterals or canals, exclusive of natural waterways; intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department when applying for a Certificate of Zoning Compliance. Provide five-foot-wide sidewallcs in accordance with City Ordinance Section 12-5-2.K. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: 1. Applicant to comply with ACHD's letter dated June 12, 2001 and along with the April 10, 1996 conditions and requirements of Railside Industrial Park. Adopt the Recommendations of the Meridian Fire Department as follows: 1. All Codes regarding fire hydrants, water fire flow and sprinkler systems shall be met. RECOMMENDATION TO CITY COUNCIL - 17 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN Adopt the Recommendations of the Central District Health Department as follows: 1. Run-off is not to create a mosquito breeding problem. 2. Stormwater Criteria: It is recommended that storm water be pre-treated through grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidaa~ce are: State of Idaho Catalog of Stoemreater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Storrmvater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: I. All storm drainage shall be retained on site, if any water leaves the site a Land Use Change application and discharge agreement shall be in place before construction can begin. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk RECOMMENDATION TO CITY COUNCIL - 18 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN and then a copy served by the Cleric 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. By action of the City Council at its regular meeting held on the day of ~$/~ , 2001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED VOTED VOTED VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~:~"-,~a [ VOTED RECOMMENDATION TO CITY COUNCIL - 19 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE I O0-YEAR FLOODPLAIN MOTION: APPROVED~____~_ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. B: City Clerk \~qPA_NTS40_ [: - )ffice CUPO 1-023~FfClsCUPO 1-023.doc RECOMMENDATION TO CITY COUNCIL - 20 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 CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE IO0-YEAR FLOODPLAIN IN A I-L ZONE LOCATED AT 1380 EAST COMMERCIAL AVE., MERIDIAN, IDAHODAKOTA COMPANY, INC. ROBNETT CONSTRUCTION, INC. APPLICANT Case No. CUP-Ol-023 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 8th day of August, 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. ORDER CONDITIONAL USE PERMIT OFFICE/STORAGE FACILITY BY ROBNETT CONSTRUCTION / CUP-01-023 -1 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: The sewer and water systems shall be flood-proofed and approved by the District Health Dept. of the Department of Health and Welfare as per Ordinance 11-11-3.A. 1. An engineer shall certify that the flood-proofing requirement has been fulfilled as per Ordinance 11-11-3.A. 3. Ordinance 1 I-11-3&.2 requires that no structure shall be erected unless the lowest finished floor is placed a minimum of one foot above the Base Flood Elevation (BFE) of the lO0-year floodplain. The BFE for the subject parcel is 2603.5 feet above sea level. The finished floor elevation of the proposed building shall be at least 2604.5 ft. above sea level as depicted on the submitted plans. The applicant shall submit an Elevation Certificate prior to occupancy in order to verify that the lowest finished floor elevation of the structure meets this requirement. Materials that are buoyant, flammable, noxious, toxic or otherwise potentially injurious if transported by floodwaters are prohibited as per Ordinance 11-11-5. Storage of any materials or equipment not having these characteristics is permissible only if they have low damage potential and are anchored or are readily removable from the area. Conditions that may be required by the Commission [and Council] per Ordinance 11-11-4 in approving structures in a Floodplain Overlay Zone through the Conditional Use Process include: a. Limitations on periods of use and operation; b. Imposition of deed restrictions; c. Location and arrangement of structures within the floodway and floodway fringe areas to avoid an increase in flood heights during the recurrence of the 100-year flood discharge; d. Requirement for construction of channel modifications, dikes, levees and other protective measures; e. Placement of survey benchmarks; and f. Additional flood-proofing measures. According to Ordinance 11-11-6, the evaluation of the effect of the proposed use causing an increase in flood heights is based not just on the effect of the single use acting alone, but upon the reasonable assumption ORDER CONDITIONAL USE PERMIT OFFICE/STORAGE FACILITY BY ROBNETT CONSTRUCTION / CUP-01-023 -2 10. 11. 12. 13. that other landowners within the floodplain may need to be allowed to develop to an equivalent extent within the floodplain. Therefore, the cumulative effects of all such encroachments shall be considered by the Commission and Council in malting any decision. All signage is subject to design review and requires separate permits. No freestanding signs are proposed with this application and none are approved. Dimensions of all parldng stalls shall conform to minimum dimensions as per City Ordinance. City Ordinance requires 9' X 19' standard stalls and 25~foot-wide minimum driveways, not 9'x 18' stalls as depicted on the site plan. The ADA requires 2 accessible parking spaces when there is between 25 and 50 provided parking stalls. An additional accessible handicap-accessible stall shall be incorporated into the site design. Additionally, the handicap ramp cannot be located within the access aisle as depicted on the site plan and shall be located within the sidewalk area. The handicap parking spaces shall have signage per ADA standards. The six (6) parking stalls designated as "small cars" parking along the eastern edge of the property comprise 20% of the proposed parking for this site. All parking for this use shall be standard size. The applicant shall submit a detailed site/landscape plan that conforms with the Landscape Ordinance and parking requirements when applying for a Certificate of Zoning Compliance. The type, size and location of the proposed trees and shrubs shall be included on the landscape plan as well as a detailed irrigation plan as required by the Landscape Ordinance. All required improvements shall be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of i 10% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for Temporary Occupancy. Assessments for sewer and water service are to be determined during the building permit application process. The proposed site plan does not include a trash enclosure. A dumpster shall be provided and shall be enclosed on three sides as per Section 11-12- lC. ORDER CONDITIONAL USE PERMIT OFFICE/STORAGE FACILITY BY ROBNETT CONSTRUCTION / CUPo01-023 -3 14. 15. 16. 17. Off-street parldng shall be provided in accordance with Section 11-13 of the City of meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer per City Ordinance 11-13-4.B.4 for all off-street parlcing areas. All site drainage shall be contained and disposed of on-site. Outside lighting shall be designed and placed so as to not direct illumination onto any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 18. 19. 20. 21. Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department when applying for a Certificate of Zoning Compliance. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. RECOMMENDATION TO CITY COUNCIL - 4 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN 22. 23. All signage shall be in accordance with the standards set forth in Section I 1-14 of the City Zoning and Development Ordinance. All construction shall conform to the requirements of the Americans with Disabilities Act. Adopt the Recommendations of the Ada County Highway District as follows: Applicant to comply with ACHD's letter dated June 12, 2001 and along with the April I0, 1996 conditions and requirements of Railside Industrial Park. Adopt the Recommendations of the Meridian Fire Department as follows: 1. All Codes regarding fire hydrants, water fire flow and sprinlder systems shall be met. Adopt the Recommendations of the Central District Health Department as follows: 1. Run-off is not to create a mosquito breeding problem. Stormwater Criteria: It is recommended that storm water be pre-treated through grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project shall obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Storm~vater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Storm~vater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, May 2000. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: I. All storm drainage shall be retained on site, if any water leaves the site a RECOMMENDATION TO CITY COUNCIL - 5 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN Land Use Change application and discharge agreement shall be in place before construction can begin. 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//X'~ day of ~t~F~z , 2001. ~I~. L~e~~?Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. Dated: ~--,~/--t~/' City Clerk g ~' \~NPA_NTS40_PDC~SERVEll._Z~Work~vl~Meridian~Aeridian 15360~gh Bridge Office C~01-0235OrderC~01-023.doc RECOMMENDATION TO CITY COUNCIL - 6 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN