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1998 02-04s MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING AGENDA WEDNESDAY, FEBRUARY 4, 1998 - 5:15 P.M. CITY COUNCIL CHAMBERS FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY MODULAR BUILDING BY MERIDIAN POLICE DEPARTMENT: (APPROVED -RECOMMEND TO CITY COUNCIL) 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT BY PLUMBERS AND PIPEFITTERS LOCAL #296: (APPROVED -RECOMMEND TO CITY COUNCIL) MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING The special meeting of the Meridian Planning and Zoning Commission was called to order by Chairman Jim Johnson at 5:15 P.M. MEMBERS PRESENT: Jim Johnson, Mark Nelson, Byron Smith, and Keith Borup. OTHERS PRESENT: John Prior, Will Berg, and Keith Bird. ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITION USE PERMIT FOR A TEMPORARY MODULAR BUILDING BY MERIDIAN POLICE DEPARTMENT: Johnson: Before we discuss this, I would like an explanation from the City Attorney as to why he feels this is a financial burden for the Police Department. Prior: The basis for that statement is that the, Chairman Johnson, is that the lease runs out for the City Police Department at the end of March. If in fact the P & Z Commission is so inclined to adopt these Findings of Fact and Conclusions of Law it will take approximately sixty days for the Police Department to build their modular unit and put it on site. Sixty days from today's date runs them well beyond their March deadline when they will be removed from their complex, in essence the Police Department including all the Lieutenants, are going to be operating out of one building. So the officers that are currently residing in the rented facility, that (ease terminates the end of March, it's going to cause a little bit of a problem for them unless they're able to renew the lease, and the renewal of that lease is going to be a bit of a financial burden on the City itself. That was the reason the basis for that statement. Johnson: Thank you Mr. Prior, next time give me the Readers Digest version will you? Any discussion, any comments regarding the Findings of Fact as prepared by our illustrious attorney? Nelson: I have none: Smith: Mr. Chairman, I just had a comment about item 8C on page 8. The use shall be designed and shall be constructed to be harmonious in appearance with the character of the general vicinity and I guess I take exception to that, 1 don't know what really the definition of the use is. I mean I don't have a problem with the Police Department function, it's just the modular building and it doesn't fit in with the description of the Old Town District, which in part states "encourage it's renewal revitalization and growth as the public cause a public cultural financial and recreational center of the City", but I don't think it meets that definition of Old MERIDIAN PLANNIN~AND ZONING COMMISSION SPECIAL MEETING FEBRUARY 4~, 1998 PAGE 2 Town but I'm certainly sensitive to the budgetary constraints of the Police Department and don't have a problem with it going in on a temporary basis. Johnson: Okay thank you Mr. Smith. Tonight and for the next few meetings let's identify ourselves when we speak, we have a new transcriber a new person working with the City Clerk. Angel is her name and she won't be able to recognize all of our voices unless we identify ourselves. Okay 1 tend to agree with that. Any further comments? Well what is your pleasure if there are no further comments or discussions? Borup: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Facts and Conclusions. Smith: Second. Johnson: There's a motion to second by Commissioner Smith to approve the Finding of Fact and Conclusions of Law as prepared. This is a role call vote. MOTION CARRIED: All aye. Johnson: Is there a recommendation you wish to make to the City please? Borup: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommends to the City Council the City of Meridian, that they approve the conditional use permit for modular building as a temporary office for the Meridian Police Department with the conditions set forth in the Findings and Conclusions of Law that the applicant be specifically required to submit a final development plan, meet all the requirements for the Old Town District and all the ordinances of the City of Meridian. Smith: Second Johnson: We have a motion to second to pass the decision on, the recommendation on, to the City Council as stated, all in favor? MOTION CARRIED: All aye. ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT BY PLUMBERS AND PIPEFITTERS LOCAL #296: Johnson: Again, you have these in front of you, is there any discussion, corrections or deletions to the Findings of Fact as prepared? Nelson: I have none. MERIDIAN PLANNI~AND ZONING COMMISSION SPECIAL MEETING FEBRUARY 4TH, 1998 PAGE3 Smith: I have none. Borup: I have none Johnson: Since there doesn't seem to be any disagreements I'll entertain a motion for approval please. Smith: Mr. Chairman, I'd like to make a motion that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Borup: Second Johnson: We have a motion by Mr. Smith and a second by Mr. Borup to approve the Findings of Fact and Conclusions as prepared. MOTION CARRIED: All aye. Johnson: Recommendations to the City please. Smith: Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for a Plumber's and Pipefitters Local Union #296 with the conditions set forth in the Findings of Fact and Contusions of Law that the applicant be specifically required to submit a final development plan, meet all the requirements of the light industrial district and all of the ordinances of the City of Meridian, as read by me Commissioner Smith. Nelson: Seconded by Commissioner Nelson. Johnson: The motion is second. All in favor of the recommendation as stated. MOTION CARRIED: All aye. Johnson: One other motion please. Nelson: Mr. Commissioner, I'd like to motion that we adjourn. Smith: Second. Johnson: We have a motion by Mr. Nelson, a second by Mr. Smith to adjourn the meeting. MOTION CARRIED: All aye. MERIDIAN PLPNNII~AND ZONING COMMISSION SPECIAL MEETING FEBRUARY 4~, 1998 PAGE 4 MEETING ADJOURNED 5:24 P.M. (TAPE OF THESE PROCEEDINGS ON FILE) APPRO~ViE~: JIM HNS ,CHAIRMAN ATTEST: l WILLIAM G BERG, JR., CI CLERK r w,. ~y '° d' SEAL y qq ~ MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING AGENDA WEDNESDAY, FEBRUARY 4, 1998 - 5:15 P.M. CITY COUNCIL CHAMBERS 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY MODULAR BUILDING BY MERIDIAN POLICE DEPARTMENT: a~~r~/y </~ ~ ci/~ CL~~~>)?JV'L' /ACc'm~z,zv-d~rx`ly->.. fTi C'~~- 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT BY PLUMBERS AND PIPEFITTERS LOCAL #296. cZ~YV/~"'. /-~c~cyww.-.i.-r2'~r/h/~-L•~ G`ci . HUB OF TREASURE VALLEY • COUNCIL M WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, Ciry Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCRORf, Waste Water Supt. TOM KUNTZ, Parks 8 Rec. Director DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P 8 Z Atlministralor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CHARLES M. ROUNTREE CITY OF MERIDIAN GLENN R BENTLEY RON ANDERSON KEITH BIRD 33 EAST IDAHO MERIDIAN, IDAHO 83642 P s z coMMlssioN Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-22I I JIM JOHNSON. Chairman -• Legal Department (208) 884-4264 MALCOLM MACCOV KEITH BORUP ROBERT D. CORR[E BvaoN SMITH Mayor MARK NELSON NOTICE OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of the City of Meridian will hold a Special Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on Wednesday, February 4, 1998 at 5:15 P.M. The Meridian Planning and Zoning Commission will discuss and possibly approve: * Findings of Fact and Conclusions of Law for a Conditional Use Permit for a temporary modular building by Meridian Police Department. * Findings of Fact and Contusions of Law for a Conditional Use Permit by Plumbers and Pipefitters Local #296. The public is welcome to attend. DATED this 3`d day of February, 1998. r J~`~p........ .pq~~''i ~~ t?~.a,,~'''~. ~u~,~e-mac ~~ WILLIAM G. BERG, JR., I CLERK ya `ter ,~ • ,¢' ,, , ~~, BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION MERIDIAN POLICE DEPARTMENT CONDITIONAL USE PERMIT FOR A MODULAR BUILDING AS A TEMPORARY BUILDING SOUTHEAST CORNER OF IDAHO AVENUE AND E. 2ND STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on January 13, 1998, at the hour of 7:00 o'clock p.m., the Applicant, Lieutenant Bill Musser, appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled on January 13, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 13, 1998 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 MERIDIAN POLICE DEPARTMENT - CONDITIONAL USE PERMIT 2. The property is located within the City of Meridian at the Southeast corner of Idaho Avenue- and East 2°d Street. The property is described in the application for a conditional use permit, which description is incorporated herein as if set forth in full. The Applicant is the owner of record of the property. 3. The Applicant, Meridian Police Department, owns the property. 4. Pursuant to the application, the property is presently zoned as O-T, Old Town. The proposed use of the property is to place a modular building on the property for use as additional office space. The building would remain in-place until a permanent location is provided. 5. That the Old Town (OT) District is described in the Zoning Ordinance, 11-2-408 B. 12 as follows (OT) Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served by the Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 6. Lieutenant Bill Musser testified as follows at the public hearing. The information he had for the hearing was to inform the Commissioners of the department's concern why they are FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 MERIDIAN POLICE DEPARTMENT - CONDITIONAL USE PERMIT looking at a modular building. The primary factor is for the accessibility and the utilization of the services that they already have in place at the department, where they have moved off site with the investigative division. The purpose would bring the departments closer, and utilize the existing phone system, without being outside of it. This would allow them to route data lines over so they can get back on the computer system. This would be a significant cost saver to the city budget. 7. Commissioner Borup asked if they would be able to get the structure in without removing the existing concrete that was currently in place. 8. Lt. Musser responded he had spoke with GE Modular's Sales Representative, who thought it wouldn't be a problem. 9. Commissioner Borup asked about the supporting overhang on the back. 10. Lt. Musser stated they kept the building short enough so it won't come in contact with the building structure which is already on site. 11. Commissioner Borup stated that Nampa & Meridian Irrigation made a comment, basically, referring to the back of the property, and the Commissioner thought it was not in the area. He also noted the Police Chief's comment that, "It was a wonderful idea." 12. Commissioner Smith questioned if the portable was going to be accessed directly from the existing facility. 13. Lt. Musser responded that it would have a separate FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 MERIDIAN POLICE DEPARTMENT - CONDITIONAL USE PERMIT entrance because they couldn't tie directly into the building. There would be a door facing out to the east direction which would access their existing parking lot. Additionally, employees could walk in under the overhang and into the back door. 14. Commissioner Johnson questioned if this was a purchased or leased facility. 15. Lt. Musser stated it would be a leased facility. 16. Commissioner Johnson asked about the length of the lease. 17. Lt. Musser responded the lease was projected for two years, and upon discussions with GE Modular representatives, it was entirely based upon where the City decides to move with the police department in the future. 18. Commissioner Johnson wanted information regarding compatibility, specifically visual and colors. 19. Lt. Musser commented the colors would remain neutral, an off white siding consistent with the building colors along the south side to the east facing the existing building. The colors would also be compatible with AEI, the business located directly to the south of the area where they are going to be on the lot between the two buildings. 20. Commissioner Johnson wanted to know if this was going to be a self contained unit with plumbing. 21. Lt. Musser commented that it would not be, and the only utilities would be electrical hook up, and to have phone and data lines tying directly into the facility. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 MERIDIAN POLICE DEPARTMENT - CONDITIONAL USE PERMIT 22. Commissioner Johnson asked how many people would be occupying the facility. 23. Lt. Musser commented there would be no more than 12, but presently there would be 9. 24. Commissioner Johnson inquired as to the business hours. 25. Lt. Musser responded the hours would be from 7:00 to 5:00 p.m., and this would be for the majority of employees. Often times the office is not occupied totally during those hours. An officer could be assigned later, if needed. 26. Commissioner Johnson asked if there would be occupants of the facility that are not presently on the Pine Street location. 27. Lt. Musser stated if they have further expansion within the development that would allow for expansion within the investigative division. 28. Commissioner Smith inquired if there would be skirting around the bottom to match the siding. 29. Lt. Musser responded the skirting would match. 30. That comments were received from the Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Meridian Water Department, Central District Health Department and Nampa & Meridian Irrigation District submitted comments, which respective comments are incorporated herein as if set forth in full. 32. Fire Chief, Kenny Bowers, requested all codes need to be followed, and with a fire wall on both sides. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 MERIDIAN POLICE DEPARTMENT - CONDITIONAL USE PERMIT 33. The Ada County Highway District desires a new site plan with changes in a manner for their review. The site plan needs to be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances. 34. Chief Bill Gordon commented, "It was a wonderful idea." 35. The Central District Health Department had no objections. 36. Nampa & Meridian Irrigation District wants Applicant to contact John P. Anderson or Bill Hanson regarding approval before any encroachment or change of right-of-way occurs. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 37. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 MERIDIAN POLICE DEPARTMENT - CONDITIONAL USE PERMIT 418 of the Zoning And Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The property is currently zoned (OT) Old Town which is described in the Zoning Ordinance, 11-2-408 B. 12 as follows: (OT) Old Town Dicrri The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served by the Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of. traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. In the Zoning Schedule of Use Control, Section 11-2- 409, this type of structure is not listed and therefore a conditional use permit is required. 6. Conditional Use Permit is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 7. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to zdaho Code, Section 67-6512, and pursuant to 11-2-418 (D) of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 MERIDIAN POLICE DEPARTMENT - CONDITIONAL USE PERMIT the Revised and Compiled Ordinances of the City of Meridian. 8. That Section 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Commission shall review applications for Conditional Use Permits; that upon review of those requirements and a review of the facts presented and the conditions of the area, the Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use shall be designed and shall be constructed to be harmonious in appearance with the character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses; that the access and traffic requirements of the City and the Ada County Highway District shall be met and if they are, traffic should not increase significantly because of the proposed use. e. That the property has available to it sewer and water service and the Applicant need not connect to such as it is a temporary facility. f. The use would not create excessive additional requirements at public cost for public facilities and services if the Applicant meets the requirements of the City and Ada County Highway District and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 MERIDIAN POLICE DEPARTMENT - CONDITIONAL USE PERMIT proposed use is required and the parking layout must meet the requirements of the City ordinance and should provide for additional parking beyond the ordinance requirements. 9. The application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 10. It is further concluded that the comments, recommendations and requirements of the City Engineer, Planning Director, Ada County Highway District, and other governmental agencies, shall be met and complied with. 11. It is recommended that the conditional use permit be granted. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. COMMISSIONER BORUP VOTED COMMISSIONER MACCOY VOTED COMMISSIONER SMITH VOTED COMMISSIONER NELSON VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 MERIDIAN POLICE DEPARTMENT - CONDITIONAL USE PERMIT CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for a modular building as a temporary office for the Meridian Police Department with the conditions set forth in the Findings of Fact and Conclusions of Law, that the Applicant be specifically required to submit a final development plan, meet all of the requirements of the OT Old Town District, and all of the Ordinances of the City of Meridian. MOTION: APPROVED: DISAPPROVED: 1-27-98 - Final FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 MERIDIAN POLICE DEPARTMENT - CONDITIONAL USE PERMIT • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION PLUMBERS & PIPEFITTERS LOCAL #296 IDAHO CONDITIONAL USE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing January 13, 1998, at the hour of 7:30 o'clock p.m., that Mike Capshaw, BRS Architects, representing the Petitioner appeared in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 13, 1998, the first publication of which was fifteen {15) days prior to said hearing; that the matter was duly considered at the January 13, 1998, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. PLV1~ffiERS 6 PIPEFITTERS LOCAL #'196 CONDITIONAL USE FINDINGS OF FACT 8 CONCLUSIONS OF LAW Page - 1 2. The property is located within the City of Meridian at the northwest corner of Ralstin and Commercial. The property is described in the application for a conditional use permit, which description is incorporated herein as if set forth in full. 3. The Applicant is the owner of the property. 4. That the Application requests a conditional use permit for light industrial building facilities with shop, welding facilities and storage yard. 5. That the property is zoned Light Industrial (I-L). 6. That the I-L District is described in the Zoning Ordinance, 11-2-408 B. 14 as follows: (I-L) LIGHT INDUSTRIAL DISTRICT: The purpose of the (I-L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 7. That the land is not used at this time for any purpose but is developed. 8. That Mike Capshaw testified that when the project started they assumed it met the light industrial nature of the subdivision. Staff informed them that while they agreed it did meet the intent there was no specific allowance for a union use. He PLQt~ERS & PIPEFITTERS LOCAL #296 CONDITIONAL USE FINDINGS OF FACT 6 CONCLUSIONS OF LAW page _ 2 stated that the closest use to them would be a contractor's yard. The facility will be demonstrating pipefitting and plumbing techniques, as well as a union office and union activities. There will be welding and other demonstrations, which do not fit into an office type environment and more of an industrial use. 9. Commissioner Smith had questions about the style wall panel and the shadow wall panel, and if they were a specific pre- manufactured building manufactured wall panel. 10. Mr. Capshaw replied they were, and they were a Butler panel. 11. Commissioner Smith commented he was not familiar with that style wall nor the shadow wall. 12. Mr. Capshaw stated the shadow wall has a texture to it and the style wall is more of a plain panel, and that they have dressed up the front with some split fence block and a texture panel. 13. Commissioner Smith asked if a color scheme was proposed. 14. Mr. Capshaw stated that they did have one and it was in the submittal. He indicated the staff should have a big color chart on it. 15. Commissioner Smith had not seen it, and asked for further information about it. 16. Mr. Capshaw stated they have a light blue or a blue accent color at the roof line, and everything else will be off white. PLUMBERS & PIPEFlTTERS LOCAL #296 CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 3 17. Commissioner Smith asked if the CMU was going to be an integral color block or if it was something to be painted. 18. Mr. Capshaw commented that it was going to be a painted block. 19. Commissioner Smith commented that it was nice to see a complete building set of plans so that they knew what the building was going to look like. 20. Mr. Capshaw responded that they had assumed it was going to fit within the light industrial and that is why they had a complete set of plans prior to putting in for the conditional use. 21. That comments were received from the City Engineer, City Planning Director, Fire Department, Central District Health Department, Ada County Highway District, and Nampa & Meridian Irrigation District; that such comments are incorporated herein by this reference. 22. The Meridian Planning and Zoning Administrator, Shari Stiles, commented as follows: 1. Detailed landscaping plans, including species and sizes of all plants, will be required prior to submitting an application for building permit. The use of bark chips for the entirety of the planter areas is not aesthetically pleasing. The Applicant should incorporate some sodded/seeded areas in the landscaping plan. 2. A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt is required per City Ordinance Section 11-2-414.D. Provide calculations of asphalt areas and locate appropriate trees on site plan. The landscape plan submitted appears to meet or exceed requirements. 3. Provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department policies. PLUMBERS 6 PIPEFITTEF.S LOCAL #296 CONDITIONAL USE FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 4 4. A screened trash enclosure is to be provided per City Ordinance. Provide details and location on revised site plan. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. 5. Applicant to provide curbing and underground sprinkler system for all landscaped areas. 6. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Paving, striping and signage of parking lot to be in accordance with Meridian City Ordinance Section 11-2-414 and the Americans with Disabilities Act. Graveled driveways, parking, and access will not be allowed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer with calculations (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 7. Applicant is to obtain a certificate of occupancy prior to opening for business. 8. All signage shall be in accordance with the standards set forth in Section 11-2-915 of the City of Meridian Zoning and Development Ordinance, the Uniform Sign Code, and shall receive design approval of the Planning and Zoning Department. A-frame and other temporary signs and banners will not be permitted and will be removed upon 3 days notice to the Applicant. Sign permits are needed for all signage. 9. All building construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. 10. Provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties, as determined by the City of Meridian. 11. Applicant is to provide a revised site plan meeting all staff and agency requirements prior to action by the City Council. 12. A screening fence shall be provided around all areas used for storage of equipment and materials. Provide details of fencing and screening with the building permit application. 13. The conditional use, if approved, shall be subject to review upon notice to the applicant. PLUNIDERS 6 PIPEFITTERS LOCAL #296 CONDITIONAL USE FINDINGS OF FACT b CONCLUSIONS OF LAW Page - 5 23. Bruce Freckleton, Assistant City Engineer, commented as follows: 1. Handicap parking, associated signage, and building construction shall meet the requirements of the Americans with Disabilities Act. 2. All signs must meet the requirements of the Oniform Sign Code and Meridian City Ordinance. Flashing signs will not be permitted. All signs are subject to review and approval of the Planning and Zoning Department. 3. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. 4. Provide parking lot lighting plans to the Meridian Public Works Department for approval. 5. Sewer and water service stubs are existing to this site. Assessment fees will be determined during plan review process. Applicant will be required to enter into a Re- Assessment Agreement with the City of Meridian. 6. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 7. All landscaping is to meet the requirements of Ordinance Section 11-2-414.D.2. 8. .Revise the site plan to show all existing and proposed utilities. 9. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2- 414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 10. A drainage plan designed by an Idaho licensed architect or engineer shall be submitted, for all off-street parking areas, for approval of the Meridian City Engineer (Ord. 557, 10-1-91). PLUMBERS 6 PIPEFITTERS LOCAL #296 CONDITIONAL USE FINL)INGS OF FACT S CONCLUSIONS OF LAW Page - 6 ~i 24. That the Fire Chief, Kenny Bowers, requests that all fire codes need to be met. 25. That the Ada County Highway District comments were to construct a 30 to 36 foot wide curb cut driveway (or a curb return) located as proposed on Ralstin Street, 50 feet south of the north property line; pave the driveway its full required width of 30 to 36 feet wide to at least 30 feet beyond the edge of pavement of Ralstin Street; to construct a 30 to 36 foot wide curb cut (or a curb return) located as proposed on Commercial Street, 35 feet east of the west property line; pave the driveway its full required width of 30 to 36 feet wide to at least 30 feet beyond the edge of pavement of Commercial Street; that utility street cuts in the new pavement are not allowed unless approved in writing by the District; as required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel; other than the access points specifically approved with this application, direct lot or parcel access to Ralstin Street and Commercial Street is restricted. 26. That the Department of Health and Welfare's comments were to consider the storm water run-off treatment and disposal so as not to create a mosquito breeding problem. The system is to be reviewed by the Central District Health Department. 27. The Nampa & Meridian Irrigation District comments were that all laterals and wasteways be protected. All municipal surface drainage must be retained on site. If any surface drainage PLUMBERS 6 PI2EFITTERS LOCAL #296 CONDITIONAL USE FINDINGS OF FACT 6 CONCLUSIONS OF LAW Page - 7 leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. 28. There was no further testimony given at the hearing. 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and State. 4. The property is currently zoned (I-L) Light Industrial which is described in the Zoning Ordinance, 11-2-408 B 14 as follows: (I-L) (I-L) LIGHT INDUSTRIAL DISTRICT: The purpose of the (I-L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to PLUMBERS ~ PIPEFITTERS LOCAL #296 CONDITIONAL USE FINDINGS OF FACT 6 CONCLUSIONS OF LAW Page - B neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 5. In the Zoning Schedule of Use Control, Section 11-2-409, Plumbers Union Facility is not listed, therefore a conditional use permit is required. 6. Conditional Use Permit is defined in the Zoning and Development Ordinance, City of Meridian, Idaho, as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 7. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and 11-2-418 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 8. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Commission shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. PLUMBERS & PIPEFITTERS LOCAL #236 CONDITIONAL IISE FITIDINGS OF FACT 6 CONCLUSIONS OF LAW Page - 9 b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use shall be designed and shall be constructed to be harmonious in appearance with the character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses; that the access and traffic requirements of the City and the Ada County Highway District shall be met and if they are, traffic should not increase significantly because of the proposed use. e. That the property has available to it sewer and water service and the Applicant shall connect to such at its expense. f. The use would not create excessive additional requirements at public cost for public facilities and services if the Applicant meets the requirements of the City and Ada County Highway District and the use would not be not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions o£ operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use is required and the parking layout must meet the requirements of the City ordinance and should provide for additional parking beyond the ordinance requirements. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 9. This application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning and Development Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial PLUMBERS b PIPEFITTERS LOCAL #296 CONDITIONAL USE FI2IDINGS OF FACT ~ CONCLUSIONS OF LAW Page - 10 notice. 10. It is further concluded that the comments, recommendations and requirements of the City. Engineer, Planning Director, Ada County Highway District, and other governmental agencies, shall be met and complied with. 11. It is concluded that the Applicant shall be required to meet the requirements of the (I-L) Light Industrial District. 12. That since the Applicant's representative stated that they desired to obtain conditional use permit approval of the site plan and get detailed site plan approval at the building permit stage so that it does not have to come before the Planning and Zoning Commission all of the time, the approval of the Application should be only of the concept and what was presented to the Commission; that the Applicant should be required to submit detailed site plans for review during the building permit stage to ensure compliance with City goals and standards and staff and agency requirements. 13. It is recommended that the conditional .use permit be granted. PLUMBERS 6 PIPEFITTERS LOCAL #296 CONDITIONAL USE FINDINGS OF FACT 6 CONCLUSIONS OF LAW Page - 11 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. TJl1TT /~TTT COMMISSIONER Borup VOTED COMMISSIONER Smith VOTED COMMISSIONER Nelson VOTED COMMISSIONER MacCoy VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for a Plumbers and Pipefitters Local Union #296 with the conditions set forth in the Findings of Fact and Conclusions of Law, that the Applicant be specifically required to submit a final development plan, meet all of the requirements of the Light Industrial District, and all of the Ordinances of the City of Meridian. MOTION: APPROVED: DISAPPROVED: 1-27-98 - Final PLUL~ERS & PIPEFITTERS LOCAL #296 CONDITIONAL USE FINDINGS OF FACT 6 CONCLUSIONS OF LAW Page - 12