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HomeMy WebLinkAboutElliot Industrial Park Sub CUP-00-033BEFORE THE CiTY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR AN OFFICE AND HOP IN AN I-L ZONE ELLIOT GROUP, LLC Applicant ) ) ) ) ) ) ) ) ) Case No. CUP-00-033 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 19, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and representatives of the Planning and Zoning Administrator appeared and testified, and the Applicant appearing and testifying, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conduCted a public heating 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 for two (2) consecutive weeks prior to the said public heating scheduled for September 19, 2000, 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 extemal 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 19, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11- 17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an I-L zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 before the City Council on this application. 4. The property is located south of Fairview Avenue and east of Locust Grove Road, Meridian, Idaho. 5. The owner of record of the subject property is Tessie Snodgrass. 6. Applicant is Elliot Group, LLC. 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 an office and shop in an I-L zone. The I-L zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian Planning and Zoning Commission 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 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: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 12.1 12.2 Any existing irrigation/drainage ditches crossing the property to be included in this project except the Jackson Drain shall be tiled per City Ordinance. Plans will need to be approved by the appropriate irrigation drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-13- 4) and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13.4.C. and 12-5-2.M. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs will be permitted. Provide five-fOot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). All construction shall conform to the requirements of the Americans with Disabilities Act. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. A minimum of one (1), 3-inch caliper tree must be planted for every 1,500 s.f. of asphalt area on the site and served with an underground sprinkling system. All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 1 l-12-1 .C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 12.13 12.14 building permits. Asphalt/paving is required for all vehicular use areas in the City limits except permanent storage areas which are exempt from this requirement. The "Future Access" drives shown on the west boundary of Lot I shall be a minimum of 25 ft. in width. 12.15 Applicant shall indicate if any explosive or hazardous materials will be stored and/or used on the site. (See Comp Plan Policy 3.7 under "Land Use" below.) 12.16 There shall be a 6' high fence constructed around Lot 1. Adopt the Recommendations of the Fire Department as follows: 12.17 All codes will have to be met. Adopt the Recommendations of Sanitary Services as follows: 12.18 Enclose size is adequate providing gates do not reduce the service width. Applicant shall provide drive-on access for an 8 yd. dumpster 60' minimum for truck length. Adopt the Recommendations of the Central District Health Department as follows: 12.19 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. 12.20 Run-off is not to create a mosquito breeding problem. 12.21 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 12.22 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 disposal and design a stormwater management system that prevents groundwater and surface water degradation. 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 "Existing Urban". 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. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 18. The development will not result in the destruction, loss or damage of natural or scenic feature of maior 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 Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subiect 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 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; uses; Will not be hazardous or disturbing to existing or future neighboring e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in a 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall 'only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 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 SUBIECT 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 construction of an office and shop in an I-L zone on Wilson Lane, south of Fairview Avenue and east of Locust Grove Road, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project except the Jackson Drain shall be tiled per City Ordinance. Plans will need to be approved by the appropriate irrigation drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 1.2 1.4 1.5 Any existing domestic wells and/or septic systems within this project will have to be' removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 1 l-13- 4) and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 12-5-2.M. 1.7 1.8 1.9 1.10 1.11 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 1 l-14). No temporary signage, flags, banners or flashing signs will be permitted. Provide five-foot-wide sideWalks in accordance with City Ordinance (Ord. 12-5-2.IQ. All construction shall conform to the requirements of the Americans with Disabilities Act. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. A minimum of one (1), 3-inch caliper tree must be planted for every 1,500 s.f. of asphalt area on the site and served with an underground sprinkling system. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 1.12 All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12, I.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. 1.13 Asphalt/paving is required for all vehicular use areas in the City limits except permanent storage areas which are exempt from this requirement. 1.14 The "Future Access' drives shown on the west boundary of Lot I shall be a minimum of 25 ft. in width. 1.15 Applicant shall indicate if any explosive or hazardous materials will be stored and/or used on the site. (See Comp Plan Policy 3.7 under "Land Use" below.) 1.16 There shall be a 6' high fence constructed around Lot 1. Adopt the Recommendations of the Fire Department as follows: 1.17 All codes will have to be met. Adopt the Recommendations of Sanitary Services as follows: 1.18 Enclose size is adequate providing gates do not reduce the service width. Applicant shall provide drive-on access for an 8 yd. dumpster 60' minimum for truck length. Adopt the Recommendations of the Central District Health Department as follows: 1.19 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health Welfare, Division of Environmental Quality. 1.20 Run-off is not to create a mosquito breeding problem. 1.21 Stormwater shall be pretreated through a grassy swale prior to discharge FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 to the subsurface to prevent impact to groundwater and surface water quality. 1.22 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. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 1 I- 17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy sexved by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 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 may within twenty-eight (28) days after the date of this decision and order seels 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 , ooo. ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILPERSON KEITH BIRD VOTED COUNCILMAN TAMMY deWEERD VOTED COUNCILMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: t/~)"/7~00 VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR AN OFFICE AND SHOP IN AN I-L ZONE ELLIOT GROUP, LLC Applicant Case No. CUP-00-033 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 19~ day of September, 2000, 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 tal<es the following action: 2. That the above named applicant is granted a conditional use permit for construction of an office and shop in an I-L zone on Wilson Lane, south of Fairview Avenue and east of Locust Grove Road, subject to the following conditions of use and development: 2.1 Any existing irrigation/drainage ditches crossing the property to be induded in this project except the Jackson Drain shall be tiled per City Ordinance. Plans will need to be approved by the appropriate irrigation drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. ORDER- 1 CONDITIONAL USE PERMIT m OFFICE AND SHOP IN I-L ZONE -- ELLIOTT GROUP LLC 2.2 2.3 2.4 2.5 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. Off-street parking shall be provided in accordance with City of Meridian Zoning and Development Ordinance (Ord. 11-13). Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 1 l-13- 4) and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. and 12-5-2.M. 2.7 2.8 2.9 All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance (Ord. 11-14). No temporary signage, flags, banners or flashing signs will be permitted. Provide five-foot-wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.I0, All construction shall conform to the requirements of the Americans with Disabilities Act. 2.10 2.11 Determine the seasonal high grotmdwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. A minimum of one (1), B-inch caliper tree must be planted for every 1,500 s.f. of asphalt area on the site and served with an underground ORDER- 2 CONDITIONAL USE PERMIT -- OFFICE AND SHOP IN I-L ZONE ELLIOTT GROUP LLC 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 sprinkling system. All trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1 .C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. Asphalt/paving is required for all vehicular use areas in the City limits except permanent storage areas which are exempt from this requirement. The "Future Access" drives shown on the west boundary of Lot I shall be a minimum of 25 ft. in width. Applicant shall indicate if any explosive or hazardous materials will be stored and/or used on the site. (See Comp Plan Policy 3.7 under "Land Use" below.) There shall be a 6' high fence constructed arotmd Lot 1. All codes will have to be met. Enclose size is adequate providing gates do not reduce the service width. Applicant shall provide drive-on access for an 8 yd. dumpster 60' minimum for truck length. 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. Run-off is not to create a mosquito breeding problem. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. ORDER. 3 CONDITIONAL USE PERMIT w OFFICE AND SHOP IN I-L ZONE ELLIOTT GROUP LLC 2.22 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. 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. 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 /7 a yof ,2000. ~b-~)D: ~orrie, Mayor City of Meridian Departme/~ and City Attorney. "L-~y-Clerk ~ g Copy served upon Applicant, the Planning and Zoning Department, Public Works Dated: % 4. ORDER- 4 CONDITIONAL USE PERMIT -- OFFICE AND SHOP iN I-L ZONE -- ELLIOTT GROUP LLC