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HomeMy WebLinkAboutIntermountain Wood Products CUP-01-035BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/05/02 1N THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A WHOLESALE BUILDING MATERIALS DISTRIBUTION BUILIDING IN AN I-L ZONE LOCATED SOUTH OF E. FRANKLIN ROAD, WEST OF S. LOCUST GROVE ROAD, MERIDIAN, IDAHO THE BANKS GROUP, LLC, APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-OI-035 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having co,ne before the City Council on January 15, 2002, and continued until February 5, 2002, 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, Gary Smith, Public Works Director, Kenny Bowers-Meridian Fire Chief, Ben Banks from The Banks Group, LLC, and Jeri Smith, all appeared and testified, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 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 heating on the conditional use permit was published for two (2) consecutive weeks prior to the said public heating scheduled for January 15, 2002, and continued until February 5, 2002, 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 heating 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 January 15, 2002, and continued until February 5, 2002, public hearings; 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 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 I-L zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located south of E. Franklin Road, ~vest of S. Locust Grove Road, Meridian, Idaho. 5. The owner of record of the subject property is Ben Banks et al of Salt Lake City, Utah. 6. Applicant is The Banks Group, LLC of Salt Lake City, Utah. 7. The subject property is currently zoned I-L. The zoning district of I-L is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for construction of a wholesale building materials distribution building. The I-L zoning designation within the City of Meridian Zoning and Develop~nent Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 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 hnpact 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 xvill 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 the Planning and Zoning and Engineering staff as follows: Ten (10) copies of a new landscape plan shall be submitted at least ten (10) days prior to this application being placed on the City Council agenda with the following modifications: A three-foot-tall berm shall be depicted along the street buffer, in accordance with the requirements of the Development Agreement. The northern landscape buffer adjacent to areas of parking and circulation shall have at least one (1) tree every 35 feet on center. The there shall be no cobble within the required 20-foot street- side landscape buffer. The size of the trees and shrubs to be planted shall be listed on the landscape plan. All "Washington Hawthorne" street trees shall be at least 3" caliper, in accordance ~vith the Development Agreement. All parldng and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D. Gravel shall not be permitted as requested for the parking lot and driveway adjacent to the northern property line, and shall be striped in accordance with Meridian City Code 11-13-4.F. Hours of operation shall be limited to 6:00 am-10:00 p.~n., in accordance with the Development Agreement. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon three FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 10. 11. (3) days notice to the applicant. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal 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. Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction reqtfirements with Sanitary Services, Inc. Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any temporary occupancy shall not exceed 60 days to complete the required improvements. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. A Certificate of Zoning Compliance and a building permit shall be obtained prior to the start of construction. 12. This Conditional Use Permit shall be valid for a maximum period of 18 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 months. If construction has not begun within this timeframe, a new conditional use permit shall be obtained prior to the start of development. Adopt the Meridian Fire Department Recommendations as follows: 13. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 14. Operational fire hydrants are required before combustible construction begins. 15. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 16. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 17. All radii shall be 28' inside and 48' outside radius. 18. The access road and gate around the North end of the parcel shall be 20' wide. 19. A storage plan for the lumber products shall be submitted and approved. 20. The project shall comply with all applicable sections of the 1997 Uniform Fire Code. Adopt the Recommendations of the Central District Health Dept as follows: 21. 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. 22. Run-off is not to create a mosquito breeding problem. 23. Stonnwater 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 - 7 24. 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 Sanitary Service as follows: 25. Provide access to and from the container locations. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 26. 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 Nampa & Meridian Irrigation District shall review drainage plans. The developer shall comply with Idaho Code §31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Additionally, pursuant to the action of the City Council from their meeting held on February 5, 2002, the following shall be required: 27. Comply with the Revised Landscape Plan, dated January 22, 2002, "LANDSCAPE PLAN, DATE: 1/22/2002, DATE STAMPED: RECEIVED JAN 25 2002 CITY OF MERIDIAN CITY CLERI( OFFICE, FILE NUMBER: 1346C 4, JOB NUMBER: 1346, SHEET C4, FORD CONSTRUCTION COMPANY, INC., INTERMTN. WOOD PRODUCTS," and which Landscape Plan incorporates the trash enclosures. 28. Regarding the Fire Department's requirements: That in the loading dock the minimum clearance from floor to ceiling shall be 13'6". 29. The propane tank has been removed and a generator shall now run off natural gas. 13. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking landscaping and other features as may be required by this FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 ordinance; it is found that the subject property is large enough to accommodate the requested use and all other required features. 14. That the proposed use and development plan ~vill be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; that the current Comprehensive Plan Land Use Map designates the property as "Mixed Planned Development". The proposed uses are not prohibited ~vithin said designation and shall be considered harmonious with and in accordance with the Comprehensive Plan. The proposed use is considered a permitted use (MCC Title 1 1-8-1), and if it is developed according to the recorded DA, the use will be harmonious with the Meridian City Zoning Ordinance. 15. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use ~x411 not adversely change the essential character of the same area; it is found that the proposed development shall not change the essential character of the general vicinity and shall be harmonious with the intended character of the same area. 1 6. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; it is found that the proposed use would not adversely affect other properties in the general vicinity. 1 7. That the proposed use will be served adequately by essential public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; it is found that the proposed development shall be adequately served the essential public facilities and services listed above. 18. That the proposed 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; it is found that the proposed use would not be detrimental to the economic welfare of the community, nor would itcreate theneed for any new facilities or services to be paid for by the public. 19. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; it is found that no excessive traffic, noise, smoke, fumes, glare or odors shall not result from the proposed use. 20. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; it is found that the proposed use shall not create significant interference with any traffic on the surrounding public streets. 21. The uses proposed use will not result in the destruction, loss or damage of a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 natural, scenic or historic feature considered to be of major importance; it is not found that any natural or scenic feature shall be Iost, damaged or destroyed by issuance of this conditional use. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the City of Meridian Zoning and Development Ordinance at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - I 1 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. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or 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. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - ! 2 of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Light Industrial District (I-L), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State la~v. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 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, I993, 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 a commercial development consisting of a dual restaurant with a drive-thru in a C-C zone located at 677 East First St, Meridian, Idaho, subject to the following FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Ten (10) copies of a new landscape plan shall be submitted at least ten (10) days prior to this application being placed on the City Council agenda with the following modifications: A three-foot-tall berm shall be depicted along the street buffer, in accordance with the requirements of the Development Agreement. The northern landscape buffer adjacent to areas of parking and circulation shall have at least one (1) tree every 35 feet on center. The there shall be no cobble within the required 20-foot street- side landscape buffer. The size of the trees and shrubs to be planted shall be listed on the landscape plan. All "Washington Hawthorne" street trees shall be at least 3" caliper, in accordance with the Development Agreement. All parking and areas of drculation shall be improved with a hard surface in accordance with Meridian City Code I 1-13-4.D. Gravel shall not be permitted as requested for the parMng lot and driveway adjacent to the northern property line, and shall be striped in accordance with Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 City Code 11-13-4.F. Hours of operation shall be limited to 6:00 am-10:00 p.m., in accordance with the Development Agreement. All exterior lighting, whether attached to the building or located within the parldng lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or rights-of-~vay. All parMng lot lighting shall be in accordance with Ordinance 11-13-4C. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon three (3) days notice to the applicant. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parMng 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 ~vater is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Trash: The trash enclosure shall be enclosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. Certificate of Occupancy: All required improvements shall be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for te~nporary occupancy. Any temporary occupancy shall not exceed 60 days to complete the required improvements. 10. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 11. A Certificate of Zoning Compliance and a building permit shall be obtained prior to the start of construction. 12. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit shall be obtained prior to the start of development. Adopt the Meridian Fire Department Recommendations as follows: 13. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A. 14. Operational fire hydrants are required before combustible construction begins. 15. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 16. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 17. All radii shall be 28' inside and 48' outside radius. 18. The access road and gate around the North end of the parcel shall be 20' wide. 19. A storage plan for the lumber products shall be submitted and approved. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 20. The project shall comply with all applicable sections of the 1997 Uniform Fire Code. Adopt the Recommendations of the Central District Health Dept as follows: 21. 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. 22. Run-off is not to create a mosquito breeding problem. 23. Stormwater shall be pretreated through a grassy s,vale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 24. 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 Sanitary Service as follows: 25. Provide access to and from the container locations. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 26. All laterals and waste ~vays shall be protected and all municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District shall review drainage plans. The developer shall comply with Idaho Code §31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Additionally, pursuant to the action of the City Council from their meeting held on February 5, 2002, the following shall be required: 27. Comply with the Revised Landscape Plan, dated January 22, 2002, "LANDSCAPE PLAN, DATE: 1/22/2002, DATE STAMPED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 RECEIVED JAN 25 2002 CITY OF MERIDIAN CITY CLERI( OFFICE, FILE NUMBER: 1346C 4, JOB NUMBER: 1346, SHEET C4, FORD CONSTRUCTION COMPANY, INC., INTERMTN. WOOD PRODUCTS," and which Landscape Plan incorporates the trash endosures. 28. Regarding the Fire Department requirements: That in the loading dock the minimum clearance from floor to ceiling shall be 13'6". 29. The propane tank has been removed and a generator shall now run off natural gas. 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 Cleric and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person ~vho 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 after the date of this decision and order seek a judidal review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the dayof ROLL CALL: COUNCILMAN ICEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE Mc CANDLESS VOTED COUNCILMAN WILLIAM L.M. NARY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~-~/~q'~ff 2~ VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. Cleric \~qPASVRDC01 kSERVE RZ~W o r kWrxMeridiankMe ridi ar CUP01-035~FfClsCUP01-035 .doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/05/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A WHOLESALE BUILDING MATERIALS DISTRIBUTION BUILDING IN A I-L ZONE LOCATED SOUTH OF E. FRANKLIN ROAD, WEST OF S. LOCUST GROVE ROAD, MERIDIAN, IDAHO THE BANKS GROUP, LLC, APPLICANT Case No. CUP-01-035 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on January 15, 2002, and continued until February 5, 2002, 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 construction of a wholesale building materials distribution building in an I-L zone located south of E. Franklin Road, west of S. Locust Grove Road, Meridian, Idaho, ORDER CONDITIONAL USE PERMIT - 1 (CUP-01-035) subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Ten (10) copies of a new landscape plan shall be submitted at least ten (10) days prior to this application being placed on the City Council agenda with the following modifications: A three-foot-tall berm shall be depicted along the street buffer, in accordance with the requirements of the Development Agreement. The northern landscape buffer adjacent to areas of parking and circulation shall have at least one (1) tree every 35 feet on center. The there shall be no cobble within the required 20-foot street- side landscape buffer. The size of the trees and shrubs to be planted shall be listed on the landscape plan. All "Washington Hawthorne" street trees shall be at least 3" caliper, in accordance with the Development Agreement. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D. Gravel shall not be permitted as requested for the parlcing lot and driveway adjacent to the northern property line, and shall be striped in accordance with Meridian City Code 11-13-4.F. Hours of operation shall be limited to 6:00 am-10:00 p.m., in accordance with the Development Agreement. 111 exterior lighting, whether attached to the building or located within the parldng lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 5. All signage shall be in accordance with the standards set forth in Section ORDER CONDITIONAL USE PERMIT (CUP-01-035) -2 10. 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon three (3) days notice to the applicant. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal 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. Trash: The trash enclosure shall be endosed on at least three (3) sides by a solid wall or sight-obscuring fence at least four (4) feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. Certificate of Occupancy: All required improvements: shall be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 1 I0% of the cost of the required improvelnents (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any temporary occupancy shall not exceed 60 days to complete the required improvements. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. ORDER CONDITIONAL USE PERMIT (CUP-01-035) -3 11. A Certificate of Zoning Compliance and a building permit shall be obtained prior to the start of construction. 12. This Conditional Use Permit shall be valid for a maximum period of 18 months. If construction has not begun within this timeframe, a new conditional use permit shall be obtained prior to the start of development. Adopt the Meridian Fire Department Recommendations as follows: 13. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire'project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC AppendLx III-A. 14. Operational fire hydrants are required before cmnbustible construction begins. 15. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 16. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 17. All radii shall be 28' inside and 48' outside radius. 18. The access road and gate around the North end of the parcel shall be 20' wide. 19. A storage plan for the lumber products shall be submitted and approved. 20. The project shall comply with all applicable sections of the 1997 Uniform Fire Code. Adopt the Recommendations of the Central District Health Dept as follows: 21. 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. ORDER CONDITIONAL USE PERMIT (CUP-01-035) -4 22. Run-off is not to create a mosquito breeding problem. 23. Stormwater shall be pretreated through a grassy s~vale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 24. 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 Sanitary Service as follows: 25. Provide access to and from the container locations. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 26. 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 Nampa & Meridian Irrigation District shall review drainage plans. The developer shall comply with Idaho Code §31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Additionally, pursuant to the action of the City Council from their meeting held on February 5, 2002, the following shall be required: 27. Comply with the Revised Landscape Plan, dated January 22, 2002, "LANDSCAPE PLAN, DATE: 1/22/2002, DATE STAMPED: RECEIVED JAN 25 2002 CITY OF MERIDIAN CITY CLERI( OFFICE, FILE NUMBER: 1346C 4, JOB NUMBER: 1346, SHEET C4, FORD CONSTRUCTION COMPANY, INC., INTERMTN. WOOD PRODUCTS," and which Landscape Plan incorporates the trash enclosures. 28. Regarding the Fire Department requirements: That in the loading dock the minimum clearance from floor to ceiling shall be 13'6". ORDER CONDITIONAL USE PERMIT (CUP-01-035) -5 29. The propane tank has been removed and a generator shall now run off natural gas. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the of day ,2002. ~oob~rt DTCorrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. City Clerk ~" ~' \~N'PASVRDC0 l\SERVERZ~WorkWihMeridianqVleridian 15360M~The Banks Group, LLC ORDER CONDITIONAL USE PERMIT (CUP-01-035) -6