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Home My WebLink AboutFindingsHUB OF 7.~ YALLEY MAYOR A Good Place to Live (~ ~ C~ i1 ~1 ~ 12~ ~ Z ~ F`~ j Robert D. Coirie CITY OF MERIDI~~N J ~ ~ coUNCr~, MEMSExs 33 EAST IDAHO ~ ~~~ ~ J ~ ~ ~ ~~~ Ron Anderson xeirh Kira MERIDIAN, IDAHO 83642 y~ ~ ~~ ^^~~ l r1 Tammy deWeeid (208) 888-4433 • FAX (208) 887-4513 I ~ ~~ +V V 1 v City Qerk Office Fax (208) 888-4218 Cherie McCandless MEMORANDUM: Jul 2, 2001 R~c~~ To: Mayor, City Council and Planning & Zoning Commission J~JL. i! .~ 20f~~ From: Bruce Freckleton, Assistant to City Engineer ~ City of Meridian David McKinnon, City Planner ~ City Clerk Offioe Re: Request for a Conditional Use Permit for the Establishment of a Recreational Vehicle Sales Lot on 15.95 acres, Located in an I-L Zone by Gary Bodily (File No. CUP-Ol -020) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY Gary Bodily has requested a Conditional Use Permit from the City of Meridian 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 additional buildings for display and maintenance purposes. The subject property was formerly used for production of concrete products and some gravel extraction and is currently undeveloped. Action will be taken by the applicant to reclaim the land and minimise the scarring that was left behind during and after the excavation of gravel on the proposed site . The propertX does not have water or sewer services available on site, and the property will not be able to connect to Cit,~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 Department. LOCATION & SURROUNDING USES The subject property is located on the northeast corner of S. Linder Road and E. Overland Road. The property's northern boundary is I-84. The property is currently zoned I-L. CUP-O1-020 Bodily RV.CUP ~ ~ Planning & Zoning Commission/Mayor & City Council July 2, 2001 Page 2 The following uses surround the subject property: North - I-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). STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and shall find adequate evidence showing that such use at the proposed location (11-17-3): A. Will in fact constitute a conditional use as determined by City policy; The Schedule of Use Control mandates that all sales lots that are proposed in the I-L zone receive a Conditional Use Permit from the City prior to development. B. Will be harmonious with and in accordance with the Comprehensive Plan and this Title; The current Comprehensive Plan Land Use Map designates the property as Existing Urban. The I-L zoning is in compliance with the Comprehensive Plan designation, and the proposed use is also in compliance with the Comprehensive Plan. Staff finds that the requested use is harmonious with and is in accordance with the adopted Zoning Ordinance. C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the ezisting or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed development will not change the essential character of the general vicinity and will be harmonious with the intended character of the same area. The entire property is not being developed at this time and staff is concerned with the maintenance of the southern portion of the lot. Steps should be taken to prohibit public access to the undeveloped portion of the property. No vehicles (patrons, employees or merchandise) shall be allowed to park in any of the non designated parking areas. CUP-01-020 Bodily RV.CUP Planning & Zoning Commission/Mayor & City Council July 2, 2001 Page 3 D. Will not be hazardous or disturbing to existing or future neighboring uses; Stafffinds that the proposed use should not be disturbing to the existing or future neighboring uses if adequate landscaping and buffering techniques are utilized. E. Will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment ot~ proposed conditional use shall be able to provide adequately any such service; Staff finds that the proposed development will not be adequately served by the essential public facilities and services listed above. Sewage will be handled by installing a new septic system on site. Water for fire suppression is proposed to be provided by the existing water main in Overland Road with the help of a new on-site pressure pump to boost the flow and pressure of water. The refuse enclosure shall meet the requirements of S.S.C. for accessibility and shall be enclosed on three sides by asight-obscuring wall or fence. In the future, the applicant intends to connect to City sewer as a trunk-line becomes available. 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; Staff finds that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. G. Will not involve uses, activities, processes, materials, equipment, and conditions that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. H. Wilt have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets. CUP-01-020 Bodily RV.CUP Planning & Zoning Commission/Mayor & City Council July 2, 2001 Page 4 I. Will not result in the destruction ,loss or damage of a natural or scenic feature of major importance. Staff does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. SITE SPECIFIC REQUIREMENTS 1. Landscaping shall be installed as submitted on the site plan. Three copies of detailed landscape plans and irrigation performance specifications will be required prior to the issuance of a Certificate of Zoning Compliance. 2. Within one year of the start 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. 3. The proposed gravel parking lots in the northeast and northwest corners of the property shall be hard-surfaced with asphalt in accordance with Meridian City Code. 4. There shall be no access to the property offof Linder Road at this time. Future development of the southern portion of the lot that will require access to Linder Road shall only be permitted though the conditional use permit process. 5. The Hardin Drain shall remain uncovered per NMID's request. 6. 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. 7. 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 orright-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 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 will be removed upon 3 days notice to the applicant. CUP-01-020 Bodily RV.CUP Planning & Zoning Commission/Mayor & City Council July 2, 2001 Page 5 9. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 10. 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 must 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. 11. 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 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 12. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will 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. 14. 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 will have six months to install the sewer across his parcel to the ease 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 applicant install 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 CUP-01-020 Bodily RV.CUP • Planning & Zoning Commission/Mayor & City Council July 2, 2001 Page 6 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 cpnditions. 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 should be monitored with the Meridian Water Department to determine the availability of the needed fire flow to the subject site. The Public Works Department is reluctant to accept the applicant's proposal for the installation of a pressure booster station on the public water main. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site 16. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. COMPREHENSIVE PLAN ANALYSIS The 1993 Comprehensive Plan contains a variety of goals and policies relevant to this application. The following sections most directly apply to the proposed project and are repeated here for the Council and Commission's consideration during the hearing process. Goa13 is "to encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services, and its open space character." Goal 8 is "to establish compatible and efficient use of land through the use of innovative and functional site design." Economic Development 1.1 The City of Meridian shall make every effort to create a positive atmosphere that encourages...commercial enterprises to locate in Meridian. 1.3 The character, 'site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. Land Use 3.5 Industrial development should be encouraged to locate adjacent to existing industrial uses. CUP-01-020 Bodily RV.CUP Planning & Zoning Commission/Mayor & City Council July 2, 2001 Page 7 5.17U A variety of coordinated, planned and compatible land uses are desirable for this area, including...light industrial land uses. 5.18U Existing residential properties will be protected from incompatible land-use development in this area. Screening and buffers will be incorporated into all development requests for this area. Natural Resource & Hazardous Areas 3.2U Protect the potential beauty and recreational trail opportunities of all Meridian waterways. RECOMMENDATION At this time, due to the inadequacies ofthe existing water system, and reluctance ofthe Public Works Department to accept the temporary pressure booster station, staff cannot recommend approval of this application. CUP-01-020 Bodily RV.CUP JUIy 2, 2001 MERIDIAN PLANNING 8~ ZONING MEETING JUIy 5, 2001 CUP Ol -020 APPLICANT Gary Bodily ITEM NO. 10 REQUEST Public Hearing -- Request for a Conditional Use Permit to develop a 2,500 square-foot sales building for a recreational vehicle sales lot in an I-L zone for Bodily RV -- northeast corner of East Overland Road and South Linder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER:. US WEST: INTERMOUNTAIN GAS: COMMENTS No comment See attached comments "No Remarks" No comment See attached comments See attached comments ~ U I~ Ci See attached comments -I'" See attached comments ~ /~'~ fJ" I ~~ ~ . OTHER: -3 Contacted: ~~~ ~~~~ ~ Date: Phone: 3y3 3$ ) - ~ ~ Materials presented at pubflc meetings shall become property of the City of Meridian. BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF A RECREATIONAL VEHICLE SALES LOT ON 15.95 ACRES, LOCATED IN AN I-L ZONE Case No. CUP-01-020 RECOMMENDATION TO CITY COUNCIL GARY BODILY, Applicant. 1. The property is located on the northeast corner of S. Linder and E. Overland Road, Meridian, Idaho. 2. The owner of record of the subject property is Gary Bodily, of 203 SE I st Street, Meridian, Idaho. 3. Applicant is the owner of record. 4. The subject property is currently zoned I-L. The zoning district of 1-L is defined within the City of Meridian Zoning and Development Ordinance, Section 11-8-1. 5. 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 wilding is the only building proposed to be built at this time. In the future, the applicant would like to build additional buildings for RECOMMENDATION TO CITY COUNCIL - 1 REQUEST FOR CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF A RECREATIONAL VEHICLE SALES LOT ON 15.95 ACRES, LOCATED IN AN I-L ZONE display and maintenance purposes. The subject property was formerly used for production of concrete products and some gravel extraction and is currently undeveloped. Action will be taken by the applicant to reclaim the land and rninimi~e 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 able to connect to City sewer at this time. A water Iine 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 Department. 6. The Meridian Planning and Zoning Commission 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. 7. The subject property is located on the north side of Overland Road RECOMMENDATION TO CITY COUNCIL - 2 REQUEST FOR CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF A RECREATIONAL VEHICLE SALES LOT ON 15.95 ACRES, LOCATED ZN AN I-L ZONE 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) 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). 8. 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). RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject 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 will be required prior to the issuance of a Certificate of Zoning Compliance. RECOMMENDATION TO CITY COUNCIL - 3 REQUEST FOR CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF A RECREATIONAL VEHICLE SALES LOT ON 15.95 ACRES, LOCATED IN AN I-L ZONE 2. 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 prdinance. 3. The proposed gravel parking lots in the northeast and northwest corners of the property shall be hard-surfaced with asphalt in accordance with Meridian City Code. 4. 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 will 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. 6. 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. 7. ,All exterior lighting, whether attached to the building or located within the packing 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. Ail signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. No signs were requested under subject application and none are approved. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and will be removed upon 3 days notice to the applicant. 9. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 10. 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 must be designed in accordance with Department of Environmental RECOMMENDATION TO CITY COUNCIL - 4 REQUEST FOR CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF A RECREATIONAL VEHICLE SALES LOT Oil 15.95 ACRES, LOCATED IN AN I-L ZONE 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. 11. 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. 12. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter o£ credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. I3. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 14. 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 will 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 applicant install 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, RECOMMENDATION TO CITY COUNCIL - 5 REQUEST FOR CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF A RECREATIONAL VEHICLE SALES LOT ON I5.95 ACRE5> LOCATED IN AN I-L ZONE 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 should 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: 1. 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: 1. 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 Departnt~ent as follows: 1. Specific knowledge as to the exact type of use shall be provided before the Central District Health Department can comment on the proposal. 2. More data shall be provided concerning soil conditions before the Central District Health Department can comment on the proposal. 3. The Central District Health Department shall require a study to assess the impact of nutrients and pathogens to receiving ground waters andJor surface waters. 4. Run-off is not to create a mosquito breeding problem. 5. If restroom facilities are to be installed, then a sewage system shall be installed to meet Idaho State Sewage Regulations. RECOMMENDATION TO CITY COUNCIL - 6 REQUEST FOR CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF A RECREATIONAL VEHICLE SALES LOT ON 15.95 ACRES, LOCATED IN AN I-L ZONE 6. 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: 1. A License Agreement is required for the relocation of the Hardin Drain and all encroachment agreements shall be in place. 2. All storm drainage must be retained on site, if any water leaves the site a discharge agreement shall be in place before construction can begin. 3. If the Hardin Drain is to be relocated, a new easement description ~s required and the old description shall be relinquished. Adopt the Recommendations of the Ada County Highway District as follows: 1. 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 will 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 must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission. 2. Dedicate 4$-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 I-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 ali requested material. The owner will 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 ACRD Ordinance # 193. The right-of--way purchase agreement must be completed and signed by the applicant prior RECOMMENDATION TO CITY COUNCIL - 7 REQUEST FOR CONDITIONAL USE PERMIT FOR ESTABLISHMENT OF A RECREATIONAL VEHICLE SALES LOT ON 15.95 ACRES, LOCATED IN AN I-L ZONE to scheduling the final plat far signature by the ACRD Commission. The applicant shall be paid for this right-of--way, minus the road trust amount for sidewalk on Linder Road ($22,800). 3. Construct one driveway on Overland Road located approximately 60-feet west of the east property line, as proposed. Pave the driveway its fiill 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. 4. 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. 5. 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 right-of--way. If the sidewalk meanders, the applicant should provide the District with a sidewalk easement. 6. 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. 7. Any existing irrigation facilities shall be relocated outside of the right-of- way. 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. rni\Z:\Work\MM'leridian\Meridian 15360M\Remnnmendations\CUP01020Bodily.wpd 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 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 Creelc Estates, We1122, 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: 1. 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: 1. Specific knowledge as to the exact type of use shall be provided before the Central District Health Department can comment on the proposal. 2. More data shall be provided concerning soil conditions before the Central District Health Department can comment on the proposal. 3. 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. 6. 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. 2. 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. 3. 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 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 ACRD 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. 2. 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 I-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 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 ACRD 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). 3. 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. 4. 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. - 5. 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 right-of--way. If the sidewalk meanders, the applicant shall provide the District with a sidewalk easement. 6. 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. 7. Any existing irrigation facilities shall be relocated outside of the right-of- way. 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. 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 day of ~ ~ , 2001. 2l ~~ obe D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. s ~~~ ~~~ ~ ~ ~ ~. B ~'~~~-~j~ Dated: ~~~~~U/ ~ ~ Y~ City Clerk ~, '~' ,~ y ~"~ s • ~ A" \WPA NTS40_PDCISERVER_Z\Work\NI\Meridian\Meridian 15360M\I-Iigh Bridge Office CUPO1-023\OrderC~2~3,',. ~ ~b,;y'~~~` t.1 ~lq.'r:?/ is f • 4t3`~ RECOMMENDATION TO CITY COUNCIL - 7 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN 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. 14. 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 Trunlc 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 adry 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, We1122, 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 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 knowledge as to the exact type of use, shall be provided before the Central District Health Department can comment on the proposal. 2. More data shall be provided concerning soil conditions before the Central District Health Department can comment on the proposal. 3. 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. 5. If restroom facilities are to be installed, then a sewage system shall be installed to meet Idaho State Sewage Regulations. 6. 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. 2. 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. 3. 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 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 ACRD Commission. 2. 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 I-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 ACRD 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 ACRD Commission. The applicant shall be paid for this right-of-way, minus the road trust amount for sidewalk on Linder Road ($22,800). 3. 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. 4. 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. 5. 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 IN AN 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. 6. 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. 7. Any existing irrigation facilities shall be relocated outside of the right-of- way. 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. 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 CONSTRLTCTION 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 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 natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 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, 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) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the 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 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: "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: 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. 2. 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. 3. The proposed gravel parking lots in the northeast and northwest corners of the property shall be hard-surfaced with asphalt in accordance with Meridian City Code. 4. 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. S. The Hardin Drain shall remain uncovered per NMID's request. 6. 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. 7. 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 100-YEAR FLOODPLAIN 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. 9. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 10. 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 Stone 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 prier to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 11. 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 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 12. 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. 13. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 14. 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 time of building permit issuance. It is advisable that the applicantinstall adry 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 ne~v well in Bear Creek Estates, We1122, 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: 1. 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: 1. 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: 1. 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 2. More data shall be provided concerning soil conditions before the Central District Health Department can comment on the proposal. 3. 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. 5. If restroom facilities are to be installed, then a sewage system shall be installed to meet Idaho State Sewage Regulations. 6. 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: - 1. A License Agreement is required for the relocation of the Hardin Drain and all encroachment agreements shall be in place. 2. 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. 3. 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: 1. 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 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 2. 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 I-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 ACRD Ordinance # 193. The right-of-~vay 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). 3. 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. 4. 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. 5. 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 right-of-way. If the sidewalk meanders, the applicant shall provide the District with a sidewalk easement. 6. 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. 7. Any existing irrigation facilities shall be relocated outside of the right-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. A11 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 requirements as a condition of approval of the application fora conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance 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 2 / sj By action of the City Council at its regular meeting held on the day of CGl ~f ~ , 2001. ROLL CALL: COUNCILMAN RON ANDERSON VOTED_d~~ COUNCILMAN KEITH BIRD VOTED_ `7~~• COUNCILWOMAN TAMMY deWEERD VOTED_~~~~ COUNCILWOMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~~~'^D~ MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. Q`,~~~~tr3r2ft f't`!!rr By: .''~~~ Date ~.d.~.w. t, ~:. r City Clerk ~ ~''"~ ~~ ` ~ ^:'. ~, i ~ c. ~• Z:\WorkWi\MeridianWleridian 15360M\Bodily RV CUPO1-~Q~~~~4sP~1'-O~,O:doc RECOMMENDATION TO CITY COUNCIL - 22 REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A OFFICE/STORAGE FACILITY WITHIN THE 100-YEAR FLOODPLAIN WHITE PETERSON KEVIN E. DRVIUS JULIEKLEINFISCHER ~'j'E pETERSON MORROW GIGRAY ROSSMAN NYE & ROSSMAN P A WM. F. GIGRAY, IA . . > > > > > ~ D, SAMUEL JOHNSON Jll,l. S. JURRIES ATTORNEYS AT LAW LARRY D. MOORS 200 EAST CARLTON AVENUE WH.LIAM A. MORROW POST OFFICE BOX 1150 Wn.I.IAM F. NICHOL9* IDAHO 83680-1150 MERIDIAN CHRISTOPHER S. NYE , PHILIP A PETERSON ERIC S. ROSSMAN TEL 208) 288-2499 ~ Tobn A. ROSSMAN 08) 288-2501 FAX ( DAVm M SWARTLEY TERRENCE R. WHITE'~t NICHOLAS L. vVOLLIN ~ ALSO ADMITTED IN OR ••AL30 ADMITTED IN WA July 1 s, 2001 To: Staff A ppiicant Aefected Property Owner(s) Re: Application Case No. CUP-01-020 eanng Date: NAMPA OFFICE 5700 EAST FRANKLIN RD., SUTCE 200 NAMPA, IDAHO 83687-8402 TEL. 206 466-9272 FAX (~08 466-4405 PLEASE REPLY TO MERIbIAN OFFICE RECEIVED JUL Z 3 2001 C~'1'Y OF MERIDIAN FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Plannsn~ and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to Insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: That you take time to carefull review the Findin sand Recommendations of the Planning and Zoning commission, and bge prepared to state your position on this application by addressin the Findin s and Recommendations of the Planning and Zoning commission; an~ 2. That you carefully complete (be sure it is le ible) the Position Statement if you disagree with the Findings and~ecornmendations of the Planning and Zoning Commission. The Position Statement form for this application Is available at the City Clerk's office. It is recommended that you pprepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, pplease resent your Position Statement to the City Council at the hearing, along with eight (8) copses. The coppses will be resented to the Mayor, Council, Planning and Zoning Administrator, Public WorZcs and the ~it Attorne If you area art of a ggrrou , it is stron 1y recommended that one Position Statement be filled out for the group, whichc an be signe~by the representative for the group. Very truly yours, ,, c~= City Attorney' rn,~z:~Pas~alkmackcj~PZRecs. Lu.wpd August 3, 2001 CUP 01-020 MERIDIAN CITY COUNCIL MEETING AUgUSt 8, 2001 APPLICANT Gary Bodily ITEM NO. ~~ REQUEST Request for a Conditional Use Permit to develop a 2,500 square-foot sales building for a recreational vehicle sales lot in an I-L zone for Bodily RV -northeast corner of East Overland Road and South Linder Road AGENCY CITY CLERK: CITY ENGINEER: CITY ALANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEINER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See attached P8Z Item Packet See attached Recommendations N `~A ~~~~ w ~r~' ~~ ~~~a OTHER: Contacted: ~'~.~..: S-r'Jr~ Date: Phone: ~ ~ -- ~ f ~ J Materials Areaented at public meetings shah became property of the Glty of Meridtgin. • August 17, 2001 C U P O 1-020 MERIDIAN CITY COUNCIL MEETING August 21, 2001 APPLICANT Gary Bodily ITEM NO. ~ - R REQUEST Findings -- Request for a Conditional Use Permit to develop a 2,500 square-foot sales building for a recreational vehicle sales lot in an I-L zone for Bodily RV -- northeast corner of East Overland Road and South Linder Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Flndtngs CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: , /~ SANITARY SERVICE COMPANY y~ CENTRAL DISTRICT HEALTH: ~ ~ ~1 NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: C hQt~ ~~~~,~~ Date: Phone: ` j~ ~_ ~3 ~ ~ Materials presented at public meetings shall become property of the City of Meridian. forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17- 5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an I-L zone and by reason of the 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 15C 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. Anew 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 additional 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 taken 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: I-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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-O1-020) 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 will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian subject to the following: Adopt the Recommendations of 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. 2. 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. 3. The proposed gravel parking lots in the northeast and northwest corners of the property shall be hard-surfaced with asphalt in accordance with Meridian City Code. 4. 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. S. 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-O1-020) d 6. 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. 7. 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 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. 9. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 10. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. SS7, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 11. 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. 12. 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