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HomeMy WebLinkAboutFranklin Mini Storage CUP-01-024BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09-18-01 Revised 11/02/01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR FRANKLIN MINI STORAGE AND ONE OFFICE/COMMERCIAL PAD IN PROPOSED C-G ZONE, LOCATED AT 1975 E. FRANKLIN ROAD, MERIDIAN, IDAHO RON OSBORNE, APPLICANT Case No. CUP-01-024 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 September 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 was the Applicant Ron Osborne, and appearing and testifying on behalf of the Applicant was Kent Brown, and appearing and testifying with comments or concerns was Scott Beechman, and no one peared in opposition, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weelcs prior to the said public hearing scheduled for September 18, 2001, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the September 18, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17- 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 C-G 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 at 1975 E. Franklin Road, Meridian, Idaho. 5. The owner of record of the subject property is Ron and Carla Osborne of Meridian, Idaho. 6. Applicant is Ron Osborne of Meridian, Idaho. 7. The subject property is currently zoned RUT. However, there is an application before the City Council for annexation and zoning to C-G. The zoning district of C-G 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 development of a storage unit and one office/commercial pad. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses inclduing those required FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 by the Applicant. (Meridian City Zoning and Development Ordinance, Section 1 I-8- 1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: Fencing: The proposed barbed wire fence located along the property line shall be removed or relocated. The Landscape Ordinance prohibits the use of chainlink or cyclone fencing in the required landscape buffer. All perimeter landscaping shall be installed prior to receiving occupancy for the first phase of the development. Landscaping shall be installed as submitted on the landscape plan. The ten-foot-wide pathway located adjacent to the Five Mile Creek shall be bonded for or installed prior to occupancy. Location of the pathway shall be coordinated with the Parks Department to ensure connectivity with the rest of the pathway. The dimensions of the monument sign as detailed on the submitted site are in conformance with the sign ordinance. A sign permit for proposed sign the shall be secured from the City prior to installation. A copy of the performance specifications of the irrigation system shall be submitted to the City when the applicant applies for a certificate of zoning compliance. There are no trash enclosures depicted on the site plan. If any trash enclosures are built within the project, they shall comply with the guidelines of SSC and the Meridian City Code. Applicant shall specifically state hours of operation for all uses within the facility. Twenty-four-hour operation shall be prohibited. If parcel #1 is used for outside storage, it shall be improved with a hard surface (asphalt), landscaped, and fully surrounded by a six-foot-high, sight-obscuring fence, outside of landscape buffers. Any modifications to the site plan, including any future development on Lots 1 and 2, shall require approval as a planned development under the conditional use process. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 10. Sanitary sewer service to this site is shown on the site plan as connecting to an existing 12-inch sewer main in Franldin Road; however there is no sewer in Franklin Road in the location shown. The current location of the City's sewer is approximately 250 feet east of Locust Grove Road. The applicant shall be responsible to constrt/ct the sewer mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department. 11. Water service to this site shall be via extensions from an existing main in Franldin Road. Applicant shall be responsible to construct the water mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department. Provide the Public Worlcs 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. 12. 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. 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. 14. 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 ~vater 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 15. 16. 17. 18. 19. 20. 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. All construction shall conform to the requirements of the Americans with Disabilities Act (ADA). The existing structure shall be brought into compliance with all Uniform Codes and ADA. Trash endosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. 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. All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Provide five-foot-wide detached sidewalls in accordance with City Ordinance Section 12-5-2.K. 21. Underground, year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Adopt the Recommendations of the Ada County Highway District as follows: 22. Dedicate 48 -feet of right-of-way from the centerline of Franklin 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 23. Provide a $6,600 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Franldin Road abutting the parcel (approximately 330-feet) prior to issuance of a building permit, or District approval of a final plat, whichever occurs first. 24. 25. 26. 27. 28. 29. 30. 31. The proposed driveway located approximately 135-feet west of the east property line is approved with this application, should this site develop prior to driveway plans being submitted for the Sparrowhawk Subdivision on the north side of Franldin Road. Otherwise, the driveway shall align or offset a minimum of 1 85-feet from any driveways within the Sparrowhawk Subdivision. 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 Frarddin Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. Only one driveway is approved with this application. Any existing driveway(s) shall be closed using berming, landscaping, curbing, or other method approved by the District. Locate any proposed gated entry a minimum of 50-feet from the new Franldin Road right-of-way. Coordinate the location of any proposed gated entry with District staff. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Any existing irrigation facilities should be relocated outside of the right- of-way. Other than the access point specifically approved with this application (as noted on the submitted site plan), direct lot or parcel access to Franldin Road is prohibited. Applicant shall also comply with all the ACHD's Standard Requirements listed within their June 22,2001 letter. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 Adopt the Recommendations of Southwest District Health Dept. as follows: 32. 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. 33. Run-off is not to create a mosquito breeding problem. 34. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 35. 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 Fire Department as follows: 36. That a fire-flow of 2,500 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 450° apart at approved locations. 1997 UFC Appendix HI-A 37. Operational fire hydrants and approved access roads are required before combustible construction begins. UFC 901.4.2 & 901.3 38. An approved temporary turn-around is required for any dead-ends over 150° that are created by the Phasing Plan. 39. All turning radii shall be a minimum of 28° inside and & 48° outside. UFC 902.2.2.3 40. A secondary access point will be required for the project. UFC 902.2.1 41. 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. UFC 902.4 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 42. Combustible vegetation shall be removed at all times from Phase II of the project. UFC1103.2.4 43. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 44. All Buildings shall comply with the 1997 Uniform Building Code. 45. lA - No building closer than 90 ft. From the south property line. 46. lB - Maximum building height of building no. 15 (southern most building on modified site plan) of fourteen feet in the rear and twenty feet in the front. 47. lC - Landscape berm of a minimum of 5 feet high against backside of the most southerly building and to be completed prior to occupancy of Phase II. 48. ID - Internal landscape island planter/buffer of 20 x 180 ft., inside of required landscape buffers. At the south end of Phase I to be temporary bushes and vines that can be removed when a building permit is issued for the buildings in Phase II. 49. IE - Six foot planter on the west end of all east-west oriented internal buildings. 50. IIA - The west elevations on the interior buildings, shall include a minimum of a three-foot high decorative masonry block wainscot. 51. liB - Corner treatments shall include a minimum of an 18" square decorative block column rising from the top of the wainscot to the eave. 52. IIC - Building/roof transitions shall include either a "hipped" roof or a change in material building material and color at the gable ends. 53. IID- Roof pitch shall be a minimum as submitted of 1.5/12 on all interior buildings of Phase 1. Roof pitch shall be a minimum of 3/12 on Phase II. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 54. IIIA- Perimeter fencing to be rail fencing. 55. IIIB - If necessary, security fencing shall be restricted to black, vinyl/plastic coated chain link. Barbed wire shall be strictly prohibited. 56. IVA - No outdoor storage allowed. 57. IVB - Lighting shall be restricted to indirect downward lighting. No free-standing or independent light standards shall be permitted. 58. IVC - Hours of admittance shall not exceed the timeframe from 7 AM to 10 PM. No admittance after 10 PM or before 7AM shall be allowed. 59. IVD - Landscaping, irrigation and fencing for the entire project shall be put in at the time of construction of Phase I. 60. IVF - Colors shall be earth tone. Woodbridge Comnrunity LLC shall have the ability to review and comment on building material and color selections prior to start of construction. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 61. All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the District shall review drainage plans. The developer shall comply with Idaho Code § 31-3805. 62. If the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, then developer shall coordinate with the Water Superintendent for the District concerning the installation of the pressure system. 63. Fill and return the questionnaire to initiate the process of contractual agreements owner/developer and the District. Additionally, the Applicant shall comply with the following requirements by FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 action of the City Council at their September 18, 2001, meeting as follows: 64. Applicant shall extend, at the northwest portion of the property, the Five Mile Creek pathway by connecting it to the Woodbridge Subdivision, and such pathway shall be asphalt. 65. Perimeter landscaping for the project shall be completed with Phase I except for the landscaping immediately west of and adjacent to the Osborne parcel. All landscaping shall be in accordance with City ordinance and approved plans. With the construction of a solid wail of buildings on the eastern boundary and there shall be a planting strip beyond that, which would be in accordance with city ordinance. 66. Perma bark shall be allowed on the east side of the property behind the back of the building. 67. Three-rail vinyl fencing shall be installed on the perimeter of the entire property. Black vinyl/plastic coated chain link fence shall be installed 30 feet east of the westerly property boundary. Landscaping shall be installed per the approved landscape plan to be submitted as part of the building permit application. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Mixed/Planned 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public 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 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council cm~, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17- 3) 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. uses; e. Will not be hazardous or disturbing to existing or future neighboring 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 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 sceptic feature of major importance. 5. 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 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 Idal~o State law. Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and 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 AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: I. That the above named applicant is granted a conditional use permit for development of a storage unit and one office/commercial pad in a C-G zone located at 1975 E. Franldin Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: 1. Fencing: The proposed barbed wire fence located along the property line shall be removed or relocated. The Landscape Ordinance prohibits the use of chainlink or cyclone fencing in the required landscape buffer. 2. All perimeter landscaping shall be installed prior to receiving occupancy for the first phase of the development. Landscaping shall be installed as submitted on the landscape plan. 3. The ten-foot-wide pathway located adjacent to the Five Mile Creek shall be bonded for or installed prior to occupancy. Location of the pathway.shall be coordinated with the Parks Department to ensure connectivity with the rest of the pathway. 4. The dimensions of the monument sign as detailed on the submitted site are in conformance with the sign ordinance. A sign permit for proposed sign the shall be secured from the City prior to installation. 5. A copy of the performance specifications of the irrigation system shall be submitted to the City when the applicant applies for a certificate of zoning compliance. 6. There are no trash enclosures depicted on the site plan. If any trash enclosures are built within the project, they shall comply with the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 guidelines of SSC and the Meridian City Code. 7. Applicant shall specifically state hours of operation for all uses within the facility. Twenty-four-hour operation shall be prohibited. If parcel # 1 is used for outside storage, it shall be improved with a hard surface (asphalt), landscaped, and fully surrounded by a six-foot-high, sight- obscuring fence, outside of landscape buffers. Any modifications to the site plan, including any future development on Lots 1 and 2, shall require approval as a planned development under the conditional use process. 10.Sanitary sewer service to this site is shown on the site plan as connecting to an existing 12-inch sewer main in Franldin Road; however there is no sewer in Franldin Road in the location shown. The current location of the City's sewer is approximately 250 feet east of Locust Grove Road. The applicant shall be responsible to construct the sewer mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department. 11 .Water service to this site shall be via extensions from an existing main in Franklin Road. Applicant shall be responsible to construct the water mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department. 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 ~nonitored with the Meridian Water Department. 12.Off-street parldng shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 13. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 14.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. 15.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. 16.All construction shall conform to the requirements of the Americans with Disabilities Act (ADA). The existing structure shall be brought into compliance with all Uniform Codes and ADA. 17.Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. 1 &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. 19.All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 20.Provide five-foot-wide detached sidewalks in accordance with City Ordinance Section I2-5-2.K. 21 .Underground, year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Adopt the Recommendations of the Ada County Highway District as follows: 22.Dedicate 48 -feet of right-of-way from the centefline of FranMin 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. 23. Provide a $6,600 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Franldin Road abutting the parcel (approximately 330-feet) prior to issuance of a building permit, or District approval of a final plat, whichever occurs first. 24.The proposed driveway located approximately 135-feet west of the east property line is approved with this application, should this site develop prior to driveway plans being submitted for the Sparrowhawk Subdivision on the north side of Franldin Road. Otherwise, the driveway shall align or offset a minimum of 1 85-feet from any driveways within the Sparrowhawk Subdivision. 25.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 Franklin Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 26.Only one driveway is approved with this application. Any existing driveway(s) shall be closed using berming, landscaping, curbing, or other method approved by the District. 27.Locate any proposed gated entry a minimum of 50-feet from the new Franklin Road right-of-way. Coordinate the location of any proposed gated entry with District staff. 28 .Utility street cuts in pavement less than five years old are not allowed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 unless approved in writing by the District. 29.Any existing irrigation facilities should be relocated outside of the right-of- way. 30.Other than the access point specifically approved with this application (as noted on the submitted site plan), direct lot or parcel access to Franldin Road is prohibited. 31.Applicant shall also comply with all the ACHD's Standard Requirements listed within their June 22,2001 letter. Adopt the Recommendations of Southwest District Health Dept. as follows: 32. 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. 33. Run-off is not to create a mosquito breeding problem. 34. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 35. 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 Fire Department as follows: 36. That a fire-flow of 2,500 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 450° apart at approved locations. 1997 UFC Appendix HI-A 37. Operational fire hydrants and approved access roads are required before combustible construction begins. UFC 901.4.2 & 901.3 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. An approved temporary turn-around is required for any dead-ends over 150° that are created by the Phasing Plan. All turning radii shall be a minimum of 28° inside and & 48° outside. UFC 902.2.2.3 A secondary access point will be required for the project. UFC 902.2.1 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. UFC 902.4 Combustible vegetation shall be removed at all times from Phase II of the project. UFC1103.2.4 Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. All Buildings shall comply with the 1997 Uniform Building Code. lA - No building closer than 90 ft. From the south property line. lB - Maximum building height of building no. 15 (southern most building on modified site plan) of fourteen feet in the rear and twenty feet in the front. IC - Landscape berm of a minimum of 5 feet high against backside of the most southerly building and to be completed prior to occupancy of Phase II. ID - Internal landscape island planter/buffer of 20 x 180 ft., inside of required landscape buffers. At the south end of Phase I to be temporary bushes and vines that can be removed when a building is issued for the buildings in Phase II. IE - Six foot planter on the west end of all east-west oriented internal buildings. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 50. IIA - The west elevations on the interior buildings, shall include a minimum of a three-foot high decorative masonry block wainscot. 51. IIB- Corner treatments shall include a minimum of an 18" square decorative block column rising from the top of the wainscot to the eave. 52. IIC - Building/roof transitions shall include either a "hipped" roof or a change in material building material and color at the gable ends. 53. IID- Roof pitch shall be a minimum as submitted of 1.5/12 on all interior buildings of Phase 1. Roof pitch shall be a minimum of 3/12 on Phase II. 54. IIIA- Perimeter fencing to be rail fencing. 55. IIIB - If necessary, security fencing shall be restricted to black, vinyl/plastic coated chain link. Barbed w/re shall be strictly prohibited. 56. IVA - No outdoor storage allowed. 57. IVB - Lighting shall be restricted to indirect downward lighting. No free-standing or independent light standards shall be permitted. 58. IVC - Hours of admittance shall not exceed the timeframe from 7 AM to 10 PM. No admittance after 10 PM or before 7AM shall be allowed. 59. IVD - Landscaping, irrigation and fencing for the entire project shall be put in at the time of construction of Phase I. 60. IVF - Colors shall be earth tone. Woodbridge Community LLC shall have the ability to review and comment on building material and color selections prior to start of construction. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 61. All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 23 site, the District shall review drainage plans. The developer shall comply with Idaho Code § 31-3805. 62. If the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, then developer shall coordinate with the Water Superintendent for the District concerning the installation of the pressure system. 63. Fill and return the questionnaire to initiate the process of contractual agreements own, er/developer and the District. Additionally, the Applicant shall comply with the following requirements by action of the City Council at their September 18, 2001, meeting as follows: 64. Applicant shall extend, at the northwest portion of the property, the Five Mile Creek pathway by connecting it to the Woodbridge Subdivision, and such pathway shall be asphalt. 65. Perimeter landscaping for the project shall be completed with Phase I except for the landscaping immediately west of and adjacent to the Osborne parcel. All landscaping shall be in accordance with City ordinance and approved plans. With the construction of a solid wall of buildings on the eastern boundary and there shall be a planting strip beyond that, which would be in accordance with city ordinance. 66. Perma bark shall be allowed on the east side of the property behind the back of the building. 67. Three-rail vinyl fencing shall be installed on the perimeter of the entire property. Black vinyl/plastic coated chain link fence shall be installed 30 feet east of the westerly property boundary. Landscaping shall be installed per the approved landscape plan to be submitted as part of the building permit application. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 24 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 Publik Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the day of /~g~/'~'~4~, 2001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD VOTED VOTED VOTED /~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 25 COUNCILWOMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: //~- 7~)f VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public WorLs Department and the City Attorney. By: City Clerk Z:\WorkkMkMeridian~Vlertdian 15360Nl~Franklin Mini Stora FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 26 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/18/01 Revised 11-02-01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR FRANKLIN MINI STORAGE AND ONE OFFICE/COMMERCIAL PAD IN PROPOSED C-G ZONE, LOCATED AT 1975 E. FRANICLIN ROAD, MERIDIAN, IDAHO RON OSBORNE, APPLICANT Case No. CUP-O1-024 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 18th day of September, 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 of a storage unit and one office/commercial pad in a C-G zone located at 1975 E. Franldin Road, Meridian, Idaho, subject to the following conditions of use ORDER CONDITIONAL USE PERMIT (CUP-01-024) -1 and development: Adopt the Recommendations of Planning and Zoning and Engineering staff as follows: Fencing: The proposed barbed wire fence located along the property line shall be removed or relocated. The Landscape Ordinance prohibits the use of chainlink or cyclone fencing in the required landscape buffer. Ail perimeter landscaping shall be installed prior to receiving occupancy for the first phase of the development. Landscaping shall be installed as submitted on the landscape plan. The ten-foot-wide pathway located adjacent to the Five Mile Creek shall be bonded for or installed prior to occupancy. Location of the pathway shall be coordinated with the Parks Department to ensure connectivity with the rest of the pathway. The dimensions of the monument sign as detailed on the submitted site are in conformance with the sign ordinance. A sign permit for proposed sign the shall be secured from the City prior to installation. A copy of the performance specifications of the irrigation system shall be submitted to the City when the applicant applies for a certificate of zoning compliance. There are no trash enclosures depicted on the site plan. If any trash enclosures are built within the project, they shall comply with the guidelines of SSC and the Meridian City Code. Applicant shall specifically state hours of operation for all uses within the facility. Twenty-four-hour operation shall be prohibited. If parcel # 1 is used for outside storage, it shall be improved with a hard surface (asphalt), landscaped, and fully surrounded by a six-foot-high, sight-obscuring fence, outside of landscape buffers. Any modifications to the site plan, including any future development on Lots I and 2, shall require approval as a planned development under the ORDER CONDITIONAL USE PERMIT (CUP-01-024) -2 conditional use process. 10. Sanitary sewer service to this site is shown on the site plan as connecting to an existing 12-inch sewer main in Franldin Road; however there is no sewer in Franklin Road in the location shown. The current location of the City's sewer is approximately 250 feet east of Locust Grove Road. The applicant shall be responsible to construct the sewer mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department. 11. Water service to this site shall be via extensions from an existing main in Franklin Road. Applicant shall be responsible to construct the water mains to and through this proposed development. Project designer to coordinate main sizing and routing with the Public Works Department. 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. 12. Off-street parldng shall be provided in accordance with Section 11-I3 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 13. 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. 14. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parldng areas. Storm water treatment and disposal 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 ORDER CONDITIONAL USE PERMIT (CUP-01-024) -3 regarding Shallow injection Wells. 15. 16. 17. 18. 19. 20. 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. All construction shall conform to the requirements of the Americans with Disabilities Act (ADA). The existing structure shall be brought into compliance with all Uniform Codes and ADA. Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. 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. All signage in the proposed project shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. Provide five-foot-wide detached sidewalks in accordance with City Ordinance Section 12-5-2.K. 21. Underground, year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Due to the size of landscaped area, primary water supply connection to the City's mains shall not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. Adopt the Recommendations of the Ada County Highway District as follows: 22. Dedicate 48 -feet of right-of-way from the centerline of Franldin Road abutting the parcel by means of recordation of a final subdivision plat or ORDER CONDITIONAL USE PERMIT (CUP-01-024) -4 23. execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Provide a $6,600 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Franldin Road abutting the parcel (approximately 330-feet) prior to issuance of a building permit, or District approval of a final plat, whichever occurs first. 24. 25. 26. 27. 28. 29. 30. 31. The proposed driveway located approximately 135-feet west of the east property line is approved with this application, should this site develop prior to driveway plans being submitted for the Sparrowhawk Subdivision on the north side of Franldin Road. Otherwise, the driveway shall align or offset a minimum of 1 85-feet from any driveways within the Sparrowhawk Subdivision. 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 Franldin Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. Only one driveway is approved with this application. Any existing driveway(s) shall be closed using berming, landscaping, curbing, or other method approved by the District. Locate any proposed gated entry a minimum of 50-feet from the new Franklin Road right-of-way. Coordinate the location of any proposed gated entry with District staff. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Any existing irrigation facilities should be relocated outside of the right- of-way. Other than the access point specifically approved with this application (as noted on the submitted site plan), direct lot or parcel access to Franldin Road is prohibited. Applicant shall also comply with all the ACHD's Standard Requirements listed within their June 22,2001 letter. ORDER CONDITIONAL USE PERMIT (CUP-01-024) -5 Adopt the Recommendations of Southwest District Health Dept. as follows: 32. 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. 33. Run-off is not to create a mosquito breeding problem. 34. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 35. 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 Fire Department as follows: 36. That a fire-flow of 2,500 gallons per minute be available to service the entire project. Fire hydrants shall be placed an average of 450° apart at approved locations. 1997 UFC Appendix HI-A 37. Operational fire hydrants and approved access roads are required before combustible construction begins. UFC 901.4.2 & 901.3 38. An approved temporary turn-around is required for any dead-ends over 150° that are created by the Phasing Plan. 39. All turning radii shall be a minimum of 28° inside and & 48° outside. UFC 902.2.2.3 40. A secondary access point will be required for the project. UFC 902.2.1 41. 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. UFC 902.4 ORDER CONDITIONAL USE PERMIT (CUP-Ol-024) -6 42. Combustible vegetation shall be removed at all times from Phase II of the project. UFC1103.2.4 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. All Buildings shall comply with the 1997 Uniform Building Code. lA - No building closer than 90 ft. From the south property line. IB - Maximum building height of building no. 15 (southern most building on modified site plan) of fourteen feet in the rear and twenty feet in the front. IC - Landscape berm of a minimum of 5 feet high against backside of the most southerly building and to be completed prior to occupancy of Phase II. ID - Internal landscape island planter/buffer of 20 x 180 ft., inside of required landscape buffers. At the south end of Phase I to be temporary bushes and vines that can be removed when a building permit is issued for the buildings in Phase II. IE - Six foot planter on the west end of all east-west oriented internal buildings. IIA - The west elevations on the interior buildings, shall include a minimum of a three-foot high decorative masonry block wainscot. liB - Corner treatments shall include a minimum of an 18" square decorative block column rising from the top of the wainscot to the eave. IIC - Building/roof transitions shall include either a "hipped" roof or a change in material building material and color at the gable ends. lid - Roof pitch shall be a minimum as submitted of 1.5/12 on all interior buildings of Phase 1. Roof pitch shall be a minimum of 3/12 on Phase II. ORDER CONDITIONAL USE PERMIT (CUP-01-024) -7 54. IIIA- Perimeter fendng to be rail fendng. 55. IIIB - If necessary, security fencing shall be restricted to black, vinyl/plastic coated chain link. Barbed wire shall be strictly prohibited. 56. IVA - No outdoor storage allowed. 57. IVB - Lighting shall be restricted to indirect downward lighting. No free-standing or independent light standards shall be permitted. 58. IVC - Hours of admittance shall not exceed the timeframe from 7 AM to 10 PM. No admittance after 10 PM or before 7AM shall be allowed. 59. IVD - Landscaping, irrigation and fencing for the entire project shall be put in at the time of construction of Phase I. 60. IVF - Colors shall be earth tone. Woodbridge Community LLC shall have the ability to review and comment on building material and color selections prior to start of construction. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 61. All laterals and waste ways shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the District shall review drainage plans. The developer shall comply with Idaho Code § 31-3805. 62. If the development is planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, then developer shall coordinate with the Water Superintendent for the District concerning the installation of the pressure system. 63. Fill and return the questionnaire to initiate the process of contractual agreements owner/developer and the District. Additionally, the Applicant shall comply with the following requirements by action of the City Council at their September 18, 2001, meeting as follows: ORDER CONDITIONAL USE PERMIT (CUP-01-024) -8 64. 65. 66. 67. Applicant shall extend, at the northwest portion of the property, the Five Mile Creek pathway by connecting it to the Woodbridge Subdivision, and such pathway shall be asphalt. Perimeter landscaping for the project shall be completed with Phase I except for the landscaping immediately west of and adjacent to the Osborne parcel. All landscaping shall be in accordance with City ordinance and approved plans. With the construction of a solid wall of buildings on the eastem boundary and there shali be a planting strip beyond that, which would be in accordance with city ordinance. Perma bark shall be allowed on the east side of the property behind the back of the building. Three-rail vinyl fencing shall be installed on the perimeter of the entire property. Black vinyl/plastic coated chain link fence shall be installed 30 feet east of the westerly property boundary. Landscaping shall be installed per the approved landscape plan to be submitted as part of the building permit application. 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. ORDER CONDITIONAL USE PERMIT (CUP-Ol-024) -9 By action of the City Council at its regular meeting held on the day of /~/"e/~- ~~t'' ., 2001. .'C~rrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. City Clerk ~' / Dated: //'" Z:\Work~M'O~leridian~Nleridian 15360M~Franldin Mini Storage AZ01-011 ORDER CONDITIONAL USE PERMIT (CUP-01-024) -10