Handy Truck Line Silos (H-2019-0149) CITY OF MERIDIAN E IDIAN;�--
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND ! DAHO
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit for Additional Height Exceeding 20% of
the Maximum Height Allowed in the I-L Zoning District for Two(2) 80-Foot Tall Silos, Located at
630 E. King Street,by Scott Hanks,Handy Truck Line.
Case No(s).H-2019-0149
For the Planning& Zoning Commission Hearing Date of: March 5,2020(Findings on March 5,
2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of March 5,2020, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of March 5,2020,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 5,2020,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of March 5,2020,incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503).
2. The Meridian Planning&Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this decision,which shall be
signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [file#]
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Meridian City Council Meeting Agenda March 5,2020— Page 148 of 214
upon the applicant,the Planning Department,the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of March 5,2020, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code § 11-
5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's request for conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of March 5,2020,attached as Exhibit
A.
D. Notice of Applicable Time Limits
Notice of Two(2)Year Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City in accord with UDC 11-513-617.1.
During this time,the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval, and
acquire building permits and commence construction of permanent footings or structures on or
in the ground. For conditional use permits that also require platting,the final plat must be
signed by the City Engineer within this two(2)year period in accord with UDC 11-513-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.F.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as
determined and approved by the Commission may be granted. With all extensions,the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional
use permit entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board 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.
F. Attached: Staff report for the hearing date of March 5,2020
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [file#]
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Meridian City Council Meeting Agenda March 5,2020— Page 149 of 214
By action of the Planning&Zoning Commission at its regular meeting held on the 5th day of
March ,2020.
COMMISSIONER RYAN FITZGERALD, CHAIRMAN VOTED -----
COMMISSIONER LISA HOLLAND,VICE CHAIRMAN VOTED Aye
COMMISSIONER RHONDA MCCARVEL VOTED Aye
COMMISSIONER ANDREW SEAL VOTED ------
COMMISSIONER PATRICIA PITZER VOTED Aye
COMMISSIONER WILLIAM CASSINELLI VOTED ------
COMMISSIONER NICK GROVE VOTED Aye
Lisa Holland,Vice Chairperson
Attest:
Chris Johnson, City Clerk
Copy served upon the Applicant,the Planning and Development Services divisions of the Community
Development Department,the Public Works Department and the City Attorney.
By: Dated: March 5, 2020
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [file#]
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Meridian City Council Meeting Agenda March 5,2020— Page 150 of 214
EXHIBIT A
STAFF REPORTC�WE IDIAN:--
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING March 5 2020 �
Legend _.
DATE: Continued from: 212012020 rE73 .
Project Location - -�
TO: Planning&Zoning Commission
FROM: Bill Parsons, Current Planning ;
Supervisor
208-884-5533 �I9®�.� �; n-, 17,
Bruce Freckleton,Development
Services Manager p �
208-887-2211
SUBJECT: H-2019-0149
Handy Truck Line Silos
LOCATION: 630 E. King St. �`
(R5672030510)
I. PROJECT DESCRIPTION
Conditional Use Permit(CUP) for additional height exceeding 20%of the maximum height allowed(i.e.
50 feet) in the I-L zoning district for two(2)new 80-foot tall silos.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage .83
Future Land Use Designation Industrial
Existing Land Use(s) Industrial
Proposed Land Use(s) Industrial
Neighborhood meeting date;#of 12/11/2019;6 attendees
attendees:
History(previous approvals) CZC-07-038(addition to existing building);A-2016-0366
(CZC/DES—construction of a new building adjacent to the
railway,landscaping&parking improvements)
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) Yes
Pagel
Meridian City Council Meeting Agenda March 5,2020— Page 151 of 214
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B. Owner:
Union Pacific Railroad— 1400 Douglas Street, Omaha NE, 68179
C. Representative:
Scott Hanks,Handy Truckline—630 E King Street,Meridian ID, 83642
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper notification
published
1/31/2020
Radius notification mailed to
property owners within 300 feet 1/28/2020
Public hearing notice sign posted
2/11/2020
on site
Nextdoor posting 1/28/2020
V. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan)
(Note: This project was submitted prior to the new Comprehensive Plan being adopted; therefore, this
project is being evaluated under the previous Plan)
The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as
Industrial.
The purpose of the Industrial designation is to provide a range of industrial uses to support industrial and
commercial activities and to develop areas with sufficient urban services. Light industrial uses may include
warehouse, storage units, light manufacturing, and incidental retail and office uses. Heavy industrial uses
may include processing,manufacturing,warehouses, storage units, and industrial support activities. In all
cases, screening, landscaping, and adequate access should be provided.
The following Comprehensive Plan Policies are applicable to this development:
• "Encourage industrial development to locate adjacent to existing industrial uses."(3.06.01C)
The subject industrial property is surrounded by other industrial uses and abuts the Union Pacific
Railroad(UPRR) line along the northern boundary of the site.
• "Coordinate with COMPASS,UPRR,ACHD,VRT, and private property owners to ensure land
uses that are compatible and will integrate with freight movement and a future rail corridor transit
system."(3.05.01 B)
The proposed storage silos are compatible with existing silos on this property and adjacent
industrial uses.ACHD submitted comments on this application stating they had no conditions of
approval, traffic impact fees or inspections required. The Applicant held a neighborhood meeting
prior to application submittal to discuss the proposed use with adjacent land owners. UPRR has
approved the proposed construction and granted a lease of their right-of-way to the Applicant for
the proposed use (see application information for details).
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Meridian City Council Meeting Agenda March 5,2020— Page 153 of 214
VI. STAFF ANALYSIS
CONDITIONAL USE PERMIT(CUP)
A CUP is proposed for additional height exceeding 20%of the maximum height allowed(i.e. 50 feet)
in the I-L zoning district for two(2)new 80-foot tall silos.
Proposed Use Analysis:
The proposed silos are for the storage of powder cement for the associated freight/truck terminal,
warehousing and shipping business,Handy Truck Line. They are to be located on each end of the
existing 80' tall silos as shown on the site plan in Section VIII.A. The material to be stored in the silos
will be delivered by rail and distributed by truck.
Existing Structures/Site Improvements:
There are six(6) existing silos within the UPRR right-of-way adjacent to this site;the four(4) closest
to the railroad tracks are 75' tall while the other two(2)just to the south are 80' tall. See site plan in
Section VIII.A.
Dimensional Standards(UDC 11-2):
The proposed structures are subject to the dimensional standards listed in UDC 11-2C-3. The
maximum building height in the I-L zoning district is 50 feet. Additional height exceeding 20%of the
maximum height allowed for the district requires approval through a conditional use permit per UDC
11-2C-3A.2e.
Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
A photo of the existing storage silos is included in Section VIII.A; a plan for the proposed storage silos
is shown in Section VIII.B. Although the proposed structures at 80' tall will be visible from a public
street and abutting property lines,they are located away from the street and public view and are
surrounded by industrial properties and the rail corridor. For these reasons and because Staff does not
feel it's feasible for the structures to comply with the design standards listed in the Architectural
Standards Manual, Staff does not recommend Design Review is required for the proposed structures.
A Certificate of Zoning Compliance application is required to be submitted to the Planning
Division for the proposed structures and approved prior to application for building permits.
VII. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions in Section VIII
per the Findings in Section IX.
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Meridian City Council Meeting Agenda March 5,2020— Page 154 of 214
VIII. EXHIBITS
A. Site Plan/Existing Elevations
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Meridian City Council Meeting Agenda March 5,2020— Page 155 of 214
B. Proposed Elevation
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IX. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning
1. The height of the proposed silos shall not exceed 80 feet.
2. The color of the structure shall be consistent with associated structures on the site.
3. A Certificate of Zoning Compliance is required to be submitted to the Planning Division for the
proposed structures and approved prior to application for building permit(s) for the proposed
structures.Design Review is not required.
B. Meridian Fire Department
https:llweblink.meridiancioy.ory WWebLinkIDocView.aspx?id=181298&dbid=O&rgpo=MeridianCitE
C. Ada County Highway District(ACHD)
htos://weblink.meridianciU.org/WebLink/DocView.aspx?id=181795&dbid=0&r0o=MeridianCiU
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D. Department of Environmental Quality
https:llweblink.meridianciN.ofglWebLinkIDocView.aspx?id=181374&dbid=0&repo=MeridianCiU
E. Nampa&Meridian Irrigation District
https:llweblink.meridiancity.otylWebLinkIDocView.aspx?id=182191&dbid=0&repo=MeridianCity
X. FINDINGS
A. Conditional Use Permit
The Commission shall base its determination on the conditional use permit request upon the following:
l. That the site is large enough to accommodate the proposed use and meet all the dimensional and
development regulations in the district in which the use is located.
The Commission finds the railroad right-of-way where the silos are proposed is large enough to
accommodate the proposed use and meets all the dimensional and development regulations of the
I-L zoning district with approval of the subject conditional use permit.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord
with the requirements of this title.
The Commission finds the proposed use is harmonious with the Comprehensive Plan and in
accord with UDC standards (see Section Vfor more information).
3. 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.
The Commission finds the design and construction of the proposed silos will be compatible with
the same type of structures already existing on the site and with the existing and intended
character of the Industrial area and will not negatively change the character of the area.
4. That the proposed use,if it complies with all conditions of the approval imposed,will not
adversely affect other property in the vicinity.
The Commission finds the proposed use if constructed as proposed, will not adversely affect other
properties in the vicinity.
5. 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, and sewer.
The Commission finds the proposed use is part of an existing site that is already being serviced by
public facilities and such services will continue to be provided.
6. That the proposed use will not create excessive additional costs for public facilities and services
and will not be detrimental to the economic welfare of the community.
The Commission finds the proposed use should not create any additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
7. 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.
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The Commission finds the proposed use will not be detrimental to any persons or property or
affect the general welfare by any of the means listed as the proposed use is actually less intense
than many uses located in this area.
8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or
historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
The Commission is unaware of any natural, scenic or historic features of major importance in this
area;however,finds the proposed use should not result in damage of any such features.
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