HomeMy WebLinkAboutMeridian Storage CUP-01-032
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rILE COpy
THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR MERIDIAN
STORAGE IN PROPOSED CoG
ZONE, LOCATED SOUTH OF
WEST OVERLAND ROAD AND
WEST OF SOUTH MERIDIAN
ROAD, MERIDIAN, IDAHO
TOUCHSTONE
CONSTRUCTION, INc.,
APPLI CANT
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ClC 12-18-01
Case No. CUP-OI-032
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 December 18, 2001, at the hour of 6:30 p.m., at Meridian
City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and
Zoning Administrator, appeared and testified, and appearing and testifying on behalf
of the Applicant was James Gibson, 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 ~eard and taken oral and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT 0 I
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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
December IS, 2001, before the City Council, the first publication appearing and
written notice having been mailed to property owners or purchasers of record within
three hundred feet (300') of the external boundaries of the property under
consideration more than fifteen (IS) 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 December IS, 2001,
public hearing; and the applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit
evidence.
2.
There has been compliance with all notice and hearing requirements set
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 2
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forth in Idaho Code §67-6S09, 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 a CoG 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 south of West Overland Road and west of South
Meridian Road, Meridian, Idaho.
S.
The owner of record of the subject property is Queenland Acres, Inc. of
Meridian, Idaho.
6.
Applicant is Touchstone Construction, Inc., of Meridian, Idaho.
7.
The subject property is currently zoned R-U-T by Ada County. There
is, however, an application before the City Council for annexation and zoning to C-
G. The zoning district of CoG 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 planned
development for a storage facility. The CoG zoning designation within the City of
Meridian Zoning and Development Ordinance requires a conditional use permit be
obtained for most uses inclduing those required by the Applicant. (Meridian City
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 3
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Zoning and Development Ordinance, Section 11-S-I).
9.
The Meridian City Council recognizes that the proposed application is
in compliance With the Meridian Comprehensive Plan.
10.
The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
I!.
The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles II and 12, Meridian
City Code and all current zoning maps thereof and the Comprehensive Plan of the
City of Meridian, and Maps and the Ordinance establishing the Impact Area
Boundary.
12.
The Meridian City Council recognizes the letter of reference from Bear
Creek.
13.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 4
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City of Meridian, subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
13.1 A minimum 2S-foot-wide landscaping buffer, shall be installed along the
entire length of the southern property line as required by the Landscape
Ordinance for a buffer between the residential and commercial uses. A
sight-obscuring fence shall be permitted to be placed between the
landscaping and the storage facility for security reasons. If a fence is
installed, a gate shall be required for the purpose of maintaining the
landscaping.
13.2 Chain link with slats shall not be permitted adjacent to Bear Creek.
13.3 The applicant shall deposit funds in trust with ACHD for the
installation of five-foot wide detached sidewalk along the entire length
of Overland road. The applicant shall be responsible for working with
ACHD staff to ensure that a parkway (five-foot wide minimum) shall be
installed between the sidewalk and the back of curb. The parkway shall
be landscaped and irrigated in accordance to the City of Meridian's
Landscape Ordinance.
13.4 The revised site plan shall include lawn or other appropriate ground
cover around the trees on the southern and western sides.
13.5 Sanitary sewer service to this site is being proposed via extensions from
an existing eight-inch diameter stub from Overland Road. Main sizing
and routing shall be reviewed and approved during the building plan
review process.
13.6 Water service to this site shall be via extensions from existing mains in
Overland Road. Main sizing and routing shall be reviewed and
approved during the building plan review process. Provide the Public
Works Department with information on anticipated fire flow and
domestic water requirements for the proposed site. Flow and pressure
from the existing mains shall be monitored with the Meridian Water
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT. 5
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Department.
13.7 Hours of operation shall not be greater than 6 a.m. to midnight.
13.8 Any modifications to the site plan, including any future development of
the R.V. storage area, shall require further zoning approval. RV storage
area on the south boundary of the parcel shall be paved. On the north,
gravel is O.K., but with remedial dust prevention, and it does not have
to be paved.
13.9 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.
13.10 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.
13.11 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. Storm water
treatment and disposal shall be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties
and City of Meridian standards and policies. Off-site disposal into
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.
13.12 Outside lighting shall be designed and placed in such a manner as to
eliminate glare and illumination of the adjoining roadways and
properties, in accordance with City Ordinance Section l1-13-4.c.
13.13 All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 6
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13.14 All construction shall conform to the requirements of the Americans
with Disabilities Act.
13.15 Trash enclosures shall meet the requirements of the Sanitary Service
Company's guidelines for location and size.
13.16 Applicant's (or successor's) failure to comply with any of the terms of
approval of the conditional use permit shall be cause for revocation of
the conditional use permit.
13.17 This Conditional Use Permit shall be valid for a period of 18 months. If
construction has not been started within this timeframe, a new
conditional use permit shall be required priorto development.
13.18 The applicant has complied with the NMID requirement that
aforementioned landscaping and fencing improvements within their
easement are approved by NMID.
13.18.a The applicant shall meet with a representative from Bear Creek
Subdivision to discuss any other outstanding issues regarding this
project.
Adopt the Recommendations of ACHD as follows:
13.19 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. The right-of-way
purchase agreement must be completed and signed by the applicant
prior to issuance of a building permit (or other required permits),
whichever occurs first.
13.20 Provide a $8,500.00 deposit to the Public Rights-of-Way Trust Fund at
the District for the required street improvements of approximately 425-
feet of S-foot wide concrete sidewalk and pavement widening to match
pavement abutting the parcel, prior to District approval of the final plat
or issuance of a building permit (or other required permits), whichever
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 7
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occurs first.
13.21 If during construction any of the improvements are damaged the
applicant is replace any damaged curb, gutter, and/or sidewalk on
Overland Road to match existing improvements. Segments to be
replaced shall be determined by ACHD Construction Services staff.
13.22 Applicant is proposing to locate the proposed driveway approximately
110-feet west of the east property line. This location meets District
policy and is approved with this application.
13.23 Pave the driveway to its full-required width of 25 to 30-feet and to a
point 30-feet beyond the edge of pavement of Overland Road with 15-
foot radii pavement tapers abutting the existing roadway edge.
13.24 Locate any proposed gated entry or keypad a minimum of 50-feet from
Overland Road.
13.25 Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
13.26 Meet District drainage requirements per section 8000 of the ACHD
Development Policy Manual. Contact District staff at 387 -6170 for
details.
13.27 All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
13.28 Any existing irrigation facilities should be relocated outside of the right-
of-way.
13.29 Other than the access point specifically approved with this application,
direct lot or parcel access to Overland Road is prohibited.
13.30 Additionally, the applicant shall comply with the Standard
Requirements of ACHD's letter dated October 17,2001.
Adopt the Recommendations of the Meridian Fire Dept. as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 8
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13.31 A fire-flow of 2,500 gallons per minute shall be available to service the
entire project. Fire hydrants shall be placed an average of 450' apart at
approved locations.
13.32 Operational fire hydrants and approved access roads are required before
combustible construction begins.
13.33 An approved temporary turn-arolmd is required for any dead-ends over
150' that are created by the Phasing Plan.
13.34 All turning radii shall be a minimum of 28' inside and 48' outside.
13.35 A 30' wide single access point will be permitted in lieu of a secondary
access point as is normally required for similar projects.
13.36 A security gate, if provided, shall be provided with an approved switch
to override the gate. The switch shall be in an approved lock box.
13.37 Combustible vegetation shall be removed at all times from Phase II of
the project.
13.38 Acceptance of water supply for fire protection is contingent upon
acceptance of the water system by the City of Meridian.
13.39 Final approval for fire hydrant location shall be by the Meridian Fire
Department.
Adopt the Central District Health Department Recommendations as follows:
13.40 The Applicant's central sewage and central water plans must be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
13.41 Run-off is not to create a mosquito breeding problem.
13.42 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 9
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13.43 The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
Adopt the Recommendations of the Meridian Police Department as follows:
13.44 The position of the facility does not lend itself to significant observation
by patrolling officers, and therefore, the applicant shall address how the
project shall have perimeter monitoring, i.e cameras or their own
internal patrol.
13.45 Strong lighting of the rear of the site would help to decrease potential
theft opportunity and provide a passive form of deterrence. However,
this might be a problem for the residents in the existing subdivision to
the southeast, and to those that will occupy the housing units currently
being developed in Bear Creek Subdivision.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
13.46 Applicant shall supply the District with the blueprint plans indicating
the grades, backfill and encroachments in order to make a final decision.
13.47 Once the final plans have been reviewed by the District, then a License
Agreement for the relocation of the Kennedy Lateral, as well as any
encroachments within the Districts easements, shall be required.
Additionally, the Applicant shall comply with the City Council's action from
their December 18,2001 meeting as follows:
13.48 On the east side of the graveled area of the single storage units,
installation of bollards shall be installed at the southeast point to
prevent vehicles, etc. from entering behind the storage units.
13.
The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT. 10
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Meridian Zoning and Development Ordinance because:
13.1
The subject property is designated on the "Generalized Land Use Map"
as "MixedIPlanned Use Development".
14.
The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance or intended character of the general
vicinity and that such uses will not change the intended essential character of the
same area.
IS.
The uses proposed within the subject application will not be hazardous
or disturbing to existing or future neighboring uses.
16.
The uses proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water, and sewer.
17.
The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
18.
The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
l.
The City of Meridian shall exercise the powers conferred upon it by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - II
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"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. §67-6S03).
2.
The Meridian City Council may exercise all the powers required and
authorized under the "Act" except the power to adopt ordinances by the
establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho
Code Section 67-6504 which the City Council of the City of Meridian has
established by the passage of the "City of Meridian Zoning and Development
Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3.
As part of a zoning ordinance the City Council can, subject to hearing
and notice provision required, provide for the process of special and/or conditional
use permits which a proposed use is otherwise prohibited by the terms of the
ordinance but allowed with conditions under the specific provisions of the ordinance
which the City of Meridian has done in the adoption of its zoning ordinances.
4.
The City Council has the duty and responsibility to review the facts
and circumstances of each application for special use permit to determine prior to
granting the same that the evidential showing supports the finding that the following
standards are met and that the proposed development: (Meridian City Code § II ~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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT. 12
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c. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of
the general vicinity and that such use will not change the essential character of the
same area; ,
d.
Will not be hazardous or disturbing to existing or future neighboring
uses;
e. Will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed
conditional use shall be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic welfare of
the community;
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare
or odors;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
S.
Prior to granting a conditional use permit in the General Retail And
Service Commercial District (C-G), 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 ofthis Title. Provided, however, that conditional use
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT. 13
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applications for land in Old Town and in industrial and commercial districts
shall only be required to have one public hearing which shall be held before
the Planning and Zoning Commission; and after the recommendation of the
Commission is made, the application shall go before the City Council without
a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6.
Following the public hearing and within 45 days after the conclusion of
the public hearing the Commission shall, transmit its recommendations to the
Meridian City Council with supportive reasons. The Commission shall recommend
that the application be approved, approved with conditions or denied. The
Commission shall ensure that any approval or approval with conditions of an
application shall be in accordance with Meridian Comprehensive Plan, City of
Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City
Code § 11-17-6)
7.
When the City Council approves a conditional use permit it may
impose conditions of that approval that reasonably:
A.
B.
c.
D.
E.
F.
G.
Minimize adverse impact on other development;
Control the sequence and timing of development;
Control the duration of development;
Assure that the development is maintained property;
Designate the exact location and nature of the development;
Require the provision for on-site public facilities or services; and
Require more restrictive standards than those generally required, in this
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT. 14
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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
development of a storage unit and one office/commercial pad in a CoG zone located
at 1975 E. Franklin Road, Meridian, Idaho, subject to the following conditions of use
and development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
l.l
A minimum 2S-foot-wide landscaping buffer, shall be installed along the
entire length of the southern property line as required by the Landscape
Ordinance for a buffer between the residential and commercial uses. A
sight-obscuring fence shall be permitted to be placed between the
landscaping and the storage facility for security reasons. If a fence is
installed, a gate shall be required for the purpose of maintaining the
landscaping.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 15
1.6
l.7
1.8
1.9
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1.2
Chain linl( with slats shall not be permitted adjacent to Bear Creek.
1.3
The applicant shall deposit funds in trust with ACHD for the
installation of five-foot wide detached sidewalk along the entire length
of Overland road. The applicant shall be responsible for working with
ACHD staff to ensure that a parkway (five-foot wide minimum) shall be
installed between the sidewalk and the back of curb. The parkway shall
be landscaped and irrigated in accordance to the City of Meridian's
Landscape Ordinance.
1.4
The revised site plan shall include lawn or other appropriate ground
cover around the trees on the southern and western sides.
1.5
Sanitary sewer service to this site is being proposed via extensions from
an existing eight-inch diameter stub from Overland Road. Main sizing
and routing shall be reviewed and approved during the building plan
review process.
Water service to this site shall be via extensions from existing mains in
Overland Road. Main sizing and routing shall be reviewed and
approved during the building plan review process. Provide the Public
Works Department with information on anticipated fire flow and
domestic water requirements for the proposed site. Flow and pressure
from the existing mains shall be monitored with the Meridian Water
Department.
Hours of operation shall not be greater than 6 a.m. to midnight.
Any modifications to the site plan, including any future development of
the RV. storage area, shall require further zoning approval. RV storage
area on the south boundary of the parcel shall be paved. On the north,
gravel is O.K., but with remedial dust prevention, and it does not have
to be paved.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 16
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1.10 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.
1.11 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. Storm water
treatment and disposal shall be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties
and City of Meridian standards and policies. Off-site disposal into
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.
1.12 Outside lighting shall be designed and placed in such a manner as to
eliminate glare and illumination of the adjoining roadways and
properties, in accordance with City Ordinance Section ll-13-4.c.
1.13 All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance.
1.14 All construction shall conform to the requirements of the Americans
with Disabilities Act.
1.15 Trash enclosures shall meet the requirements of the Sanitary Service
Company's guidelines for location and size.
1.16 Applicant's (or successor's) failure to comply with any of the terms of
approval of the conditional use permit shall be cause for revocation of
the conditional use permit.
1.17 This Conditional Use Permit shall be valid for a period of 18 months. If
construction has not been started within this timeframe, a new
conditional use permit shall be required prior to development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 17
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I.IS The applicant has complied with the NMID requirement that
aforementioned landscaping and fencing improvements within their
easement are approved by NMID.
1.1S.a The applicant shall meet with a representative from Bear Creek
Subdivision to discuss any other outstanding issues regarding this
project.
Adopt the Recommendations of ACHD as follows:
1.19 Dedicate 4S-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. The right-of-way
purchase agreement must be completed and signed by the applicant
prior to issuance of a building permit (or other required permits),
whichever occurs first.
1.20 Provide a $S,SOO.OO deposit to the Public Rights-of-Way Trust Fund at
the District for the required street improvements of approximately 425-
feet of S-foot wide concrete sidewalk and pavement widening to match
pavement abutting the parcel, prior to District approval of the final plat
or issuance of a building permit (or other required permits), whichever
occurs first.
1.21 If during construction any of the improvements are damaged the
applicant is replace any damaged curb, gutter, and/or sidewalk on
Overland Road to match existing improvements. Segments to be
replaced shall be determined by ACHD Construction Services staff.
1.22 Applicant is proposing to locate the proposed driveway approximately
IIO-feet west of the east property line. This location meets District -
policy and is approved with this application.
1.23 Pave the driveway to its full-required width of 25 to 30-feet and to a
point 30-feet beyond the edge of pavement of Overland Road with 15-
foot radii pavement tapers abutting the existing roadway edge.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT. 18
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1.24 Locate any proposed gated entry or keypad a minimum of 50-feet from
Overland Road.
1.25 Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
1.26 Meet District drainage requirements per section 8000 of the ACHD
Development Policy Manual. Contact District staff at 387 -6170 for
details.
1.27 All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
1.28 Any existing irrigation facilities should be relocated outside of the right-
of-way.
1.29 Other than the access point specifically approved with this application,
direct lot or parcel access to Overland Road is prohibited.
1.30 Additionally, the applicant shall comply with the Standard
Requirements of ACHD's letter dated October 17, 2001.
Adopt the Recommendations of the Meridian Fire Dept. as follows:
1.31 A fire-flow of 2,500 gallons per minute shall be available to service the
entire project. Fire hydrants shall be placed an average of 450' apart at
approved locations.
1.32 Operational fire hydrants and approved access roads are required before
combustible construction begins.
1.33 An approved temporary turn-around is required for any dead-ends over
150' that are created by the Phasing Plan.
1.34 All turning radii shall be a minimum of 28' inside and 48' outside.
1.35 A 30' wide single access point will be permitted in lieu of a secondary
access point as is normally required for similar projects.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 19
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1.36 A security gate, if provided, shall be provided with an approved switch
to override the gate. The switch shall be in an approved lock box.
1.37 Combustible vegetation shall be removed at all times from Phase II of
the project.
1.38 Acceptance of water supply for fire protection is contingent upon
acceptance of the water system by the City of Meridian.
1.39 Final approval for fire hydrant location shall be by the Meridian Fire
Department.
Adopt the Central District Health Department Recommendations as follows:
1.40 The Applicant's central sewage and central water plans must be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
1.41 Run-off is not to create a mosquito breeding problem.
1.42 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
1.43 The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
Adopt the Recommendations of the Meridian Police Department as follows:
1.44 The position of the facility does not lend itself to significant observation
by patrolling officers, and therefore, the applicant shall address how the
project shall have perimeter monitoring, i.e cameras or their own
internal patrol.
1.45 Strong lighting of the rear of the site would help to decrease potential
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT. 20
.
.
theft opportunity and provide a passive form of deterrence. However,
this might be a problem for the residents in the existing subdivision to
the southeast, and to those that will occupy the housing units currently
being developed in Bear Creek Subdivision.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
1.46 Applicant shall supply the District with the blueprint plans indicating
the grades, backfill and encroachments in order to make a final decision.
1.47 Once the final plans have been reviewed by the District, then a License
Agreement for the relocation of the Kennedy Lateral, as well as any
encroachments within the Districts easements, shall be required.
Additionally, the Applicant shall comply with the City Council's action from
their December IS, 2001 meeting as follows:
1.48 On the east side of the graveled area of the single storage units,
installation of bollards shall be installed at the southeast point to
prevent vehicles, etc. from entering behind the storage units.
2.
The conditions shall be reviewable by the Council pursuant to Meridian
City Code § 11-17-9.
3.
The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
4.
That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk
and then a copy served by the Clerk upon the applicant, the Planning and Zoning
Department, the Public Works Department and any affected party requesting notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 21
.
.
NOTICE OF FINAL ACTION
Please talœ 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
2~
day of .Jt¿1íM.r'j
ROLL CALL:
,~loO2-
COUNCILMAN BIRD
VOTED~
COUNCILWOMAN deWEERD
VOTED -#-~
VOTED~
COUNCILWOMAN McCANDLESS
COUNCIlMAN~ ~'""--
VOTED $~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: /-2-0'2--
VOTED
MOTION: ~
APPROVED:~
DISAPPROVED:-
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 22
.
.
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By: ~:t¿;~ Þ ~.Cj, 9-
City Clerk I
Dated:
è~.
'.'
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT. 23
.
.
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 12/18/01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR MERIDIAN
STORAGE IN PROPOSED CoG
ZONE, LOCATED SOUTH OF
WEST OVERLAND ROAD AND
WEST OF SOUTH MERIDIAN
ROAD, MERIDIAN, IDAHO
Case No. CUP-OI-032
ORDER GRANTING
CONDITIONAL USE PERMIT
TOUCHSTONE
CONSTRUCTION, INC.,
APPLICANT
1.
This matter coming before the City Council on the 18m day of
December, 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
development for a storage facility in an CoG zone located south of West Overland-
Road and west of South Meridian Road, Meridian, Idaho, subject to the following
conditions of use and development:
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY TOUCHSTONE
CONSTRUCTION, INC. / CUP-OI-032
- I
.
.
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
2.1
2.2
2.3
2.4
2.5
2.6
A minimum 25-foot-wide landscaping buffer, shall be installed along the
entire length of the southern property line as required by the Landscape
Ordinance for a buffer between the residential and commercial uses. A
sight-obscuring fence shall be permitted to be placed between the
landscaping and the storage facility for security reasons. If a fence is
installed, a gate shall be required for the purpose of maintaining the
landscaping.
Chain link with slats shall not be permitted adjacent to Bear Creek.
The applicant shall deposit funds in trust with ACHD for the
installation of five-foot wide detached sidewalk along the entire length
of Overland road. The applicant shall be responsible for working with
ACHD staff to ensure that a parkway (five-foot wide minimum) shall be
installed between the sidewalk and the back of curb. The parkway shall
be landscaped and irrigated in accordance to the City of Meridian's
Landscape Ordinance.
The revised site plan shall include lawn or other appropriate ground
cover around the trees on the southern and western sides.
Sanitary sewer service to this site is being proposed via extensions from
an existing eight-inch diameter stub from Overland Road. Main sizing
and routing shall be reviewed and approved during the building plan
review process.
Water service to this site shall be via extensions from existing mains in
Overland Road. Main sizing and routing shall be reviewed and
approved during the building plan review process. Provide the Public-
Works Department with information on anticipated fire flow and
domestic water requirements for the proposed site. Flow and pressure
from the existing mains shall be monitored with the Meridian Water
Department.
-2
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY TOUCHSTONE
CONSTRUCTION, INC. / CUp.OI-032
.
.
2.7
Hours of operation shall not be greater than 6 a.m. to midnight.
2.8
Any modifications to the site plan, including any future development of
the R.V. storage area, shall require further zoning approval. RV storage
area on the south boundary of the parcel shall be paved. On the north,
gravel is O.K., but with remedial dust prevention, and it does not have
to be paved.
2.9
Off-street parking shall be provided in accordance with Section 11-13 of
the City of Meridian Zoning and Development Ordinance and/or as
detailed in site-specific requirements.
2.10 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 ,vith Americans with
Disabilities Act (ADA) requirements.
2.11 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. Storm water
treatment and disposal shall be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of
Storm Water Best Management Practices for Idaho Cities and Counties
and City of Meridian standards and policies. Off-site disposal into
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.
2.12 Outside lighting shall be designed and placed in such a manner as to
eliminate glare and illumination of the adjoining roadways and
properties, in accordance with City Ordinance Section 11-13-4.c.
2.13 All signage shall be in accordance with the standards set forth in Section
11-14 of the City Zoning and Development Ordinance.
2.14 All construction shall conform to the requirements of the Americans
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY TOUCHSTONE
CONSTRUCTION, INC. / CUP-OI-032
-3
.
.
with Disabilities Act.
2.15 Trash enclosures shall meet the requirements of the Sanitary Service
Company's guidelines for location and size.
2.16 Applicant's (or successor's) failure to comply with any of the terms of
approval of the conditional use permit shall be cause for revocation of
the conditional use permit.
2.17 This Conditional Use Permit shall be valid for a period of IS months. If
construction has not been started within this timeframe, a new
conditional use permit shall be required prior to development.
2.18 The applicant has complied with the NMID requirement that
aforementioned landscaping and fencing improvements within their
easement are approved by NMID.
2.1S.a The applicant shall meet with a representative from Bear Creek
Subdivision to discuss any other outstanding issues regarding this
project.
Adopt the Recommendations of ACHD as follows:
2.19 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. The right-of-way
purchase agreement must be completed and signed by the applicant
prior to issuance of a building permit (or other required permits),
whichever occurs first.
2.20 Provide a $8,500.00 deposit to the Public Rights-of-Way Trust Fund at
the District for the required street improvements of approximately 425-
feet of S-foot wide concrete sidewalk and pavement widening to match
pavement abutting the parcel, prior to District approval of the final plat
or issuance of a building permit (or other required permits), whichever
occurs first.
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY TOUCHSTONE
CONSTRUCTION, INC. / CUP-OI-032
-4
.
.
2.21 If during construction any of the improvements are damaged the
applicant is replace any damaged curb, gutter, and/or sidewalk on
Overland Road to match existing improvements. Segments to be
replaced shall be determined by ACHD Construction Services staff.
2.22 Applicant is proposing to locate the proposed driveway approximately
11O-feet west of the east property line. This location meets District
policy and is approved with this application.
2.23 Pave the driveway to its full-required width of 25 to 30-feet and to a
point 30-feet beyond the edge of pavement of Overland Road with 15-
foot radii pavement tapers abutting the existing roadway edge.
2.24 Locate any proposed gated entry or keypad a minimum of 50-feet from
Overland Road.
2.25 Utility street cuts in pavement less than five years old are not allowed
unless approved in writing by the District.
2.26 Meet District drainage requirements per section SOOO of the ACHD
Development Policy Manual. Contact District staff at 387-6170 for
details.
2.27 All utility relocation costs associated with improving street frontages
abutting the site shall be borne by the developer.
2.28 Any existing irrigation facilities should be relocated outside of the right-
of-way.
2.29 Other than the access point specifically approved with this application,
direct lot or parcel access to Overland Road is prohibited.
2.30 Additionally, the applicant shall comply with the Standard
Requirements of ACHD's letter dated October 17,2001.
Adopt the Recommendations of the Meridian Fire Dept. as follows:
2.31 A fire-flow of 2,500 gallons per minute shall be available to service the
entire project. Fire hydrants shall be placed an average of 450' apart at
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY TOUCHSTONE
CONSTRUCTION, INC. / CUP-OI-032
- 5
.
.
approved locations.
2.32 Operational fire hydrants and approved access roads are required before
combustible construction begins.
2.33 An approved temporary turn-around is required for any dead-ends over
150' that are created by the Phasing Plan.
2.34 All turning radii shall be a minimum of 28' inside and 48' outside.
2.35 A 30' wide single access point will be permitted in lieu of a secondary
access point as is normally required for similar projects.
2.36 A security gate, if provided, shall be provided with an approved switch
to override the gate. The switch shall be in an approved lock box.
2.37 Combustible vegetation shall be removed at all times from Phase II of
the project.
2.38 Acceptance of water supply for fire protection is contingent upon
acceptance of the water system by the City of Meridian.
2.39 Final approval for fire hydrant location shall be by the Meridian Fire
Department.
Adopt the Central District Health Department Recommendations as follows:
2.40 The Applicant's central sewage and central water plans must be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
2.41 Run-off is not to create a mosquito breeding problem.
2.42 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality.
2.43 The Engineers and architects involved with the design of the subject
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY TOUCHSTONE
CONSTRUCTION, INC. / CUP.OI-O32
-6
.
.
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
Adopt the Recommendations of the Meridian Police Department as follows:
2.44 The position of the facility does not lend itself to significant observation
by patrolling officers, and therefore, the applicant shall address how the
project shall have perimeter monitoring, i.e cameras or their own
internal patrol.
2.45 Strong lighting of the rear of the site would help to decrease potential
theft opportunity and provide a passive form of deterrence. However,
this might be a problem for the residents in the existing subdivision to
the southeast, and to those that will occupy the housing units currently
being developed in Bear Creek Subdivision.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
2.46 Applicant shall supply the District with the blueprint plans indicating
the grades, backfill and encroachments in order to make a final decision.
2.47 Once the final plans have been reviewed by the District, then a License
Agreement for the relocation of the Kennedy Lateral, as well as any
encroachments within the Districts easements, shall be required.
Additionally, the Applicant shall comply with the City Council's action from
their December IS, 200 I meeting as follows:
2.48 On the east side of the graveled area of the single storage units,
installation of bollards shall be installed at the southeast point to
prevent vehicles, etc. from entering behind the storage units.
3. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY TOUCHSTONE
CONSTRUCTION, INC. / CUP.OI.032
- 7
.
.
4.
Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code § ll-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~œ
day of
dãfUtÚi-#
,~).:,o¿.
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
B~~'~
City Clerk
Dated: í.:.- 2. -tJ Z-
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY TOUCHSTONE
CONSTRUCTION, INC. / CUP-OI-032
- 8