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:
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WILLIAM G BERG, JR., CI CLERK
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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/~
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2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL
USE PERMIT BY PLUMBERS AND PIPEFITTERS LOCAL #296.
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. 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.
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~~ WILLIAM G. BERG, JR., I CLERK
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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