Eagle Concrete Pumping Appeal of CUP Requirement
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
07-10-00
IN THE MATTER OF THE APPEAL
OF THE PLANNING AND ZONING
ADMINISTRATOR'S DECISION TO
REQUIRE A CONDITIONAL USE
PERMIT AT BALTIC STREET IN THE
MERIDIAN BUSINESS AND
INDUSTRIAL PARK, MERIDIAN,
IDAHO
BY: EAGLE CONCRETE PUMPING )
ORDER DENYING
APPEAL OF
PLANNING AND ZONING
ADMINISTRATOR'S
DECISION TO REQUIRE A
CONDITIONAL USE
PERMIT
This matter coming before the City Council on July 5, 2000, at the hour of
7:30 o'clock p.m., at the Meridian City Hall, 33 East Idaho, Meridian, Idaho, upon
the appeal of Eagle Concrete Pumping, and the Council having received the Appeal
Application. form, and the record in this matter, and having heard the arguments and
presentation of Shari Stiles, Planning and Zoning Administrator, and Rod Eisele of
Eagle Concrete Pumping, the Applicant, and being fully advised in the premises
issues the following Findings of Fact and Conclusions of Law and Decision and
Order:
ORDER DENYING APPEAL OF PLANNING - PAGE 1 OF 5
AND ZONING ADMINISTRATOR'S DECISION TO REQUIRE A
CONDITIONAL USE PERMIT AND ORDER OF REMAND
EAGLE CONCRETE PUMPING (BY: ROD Eisele) ~
FINDINGS OF FACT
1. Rod Eisele, Eagle Concrete Pumping, submitted for approval, to the
Planning and Zoning Administrator, an application for an appeal of the Planning and
Zoning Administrator's decision to require a conditional use permit for Eagle
Concrete Pumping at Baltic Street in the Meridian Business and Industrial Parlc
located within the 100-year floodplain of Five Mile Creek and in an I-L zone.
2. The Planning and Zoning Administrator's office denied the application
for Eagle Concrete Pumping upon the basis that a conditional use permit would be
required for a concrete tilt-up facility, even though it is a permitted use in the I-L
zone, because the site is completely within the 100-year floodplain of Five Mile
Creek, and is therefore also regulated by the Floodplain District, Chapter 11 of the
Meridian Zoning Ordinance.
3. Rod Eisele, Eagle Concrete Pumping, timely filed an appeal of the
Administrator's determination and decision for hearing before the City Council.
4. The concrete tilt-up facility would be built on the parcel at Baltic Street
in the Meridian Business and Industrial Park, which site is completely within the
100-year floodplain of Five Mile Creek, and is therefore also regulated by the
Floodplain District, Chapter 11 of the Meridian Zoning Ordinance.
5. Subject to the conditions of Finding no. 4, herein, the proposed use of a
ORDER DENYING APPEAL OF PLANNING - PAGE 2 OF 5
AND ZONING ADMINISTRATOR'S DECISION TO REQUIRE A
CONDITIONAL USE PERMIT AND ORDER OF REMAND
EAGLE CONCRETE PUMPING (BY: ROD Eisele)
concrete tilt-up facility does require a conditional use permit because the site is
completely within the 100-year Floodplain of Five Mile Creelc, and is therefore also
regulated by the Floodplain District, Chapter 11 of the Meridian Zoning Ordinance,
and the proposed structure shall be required to obtain a conditional use permit as per
the ordinance, therefore the decision of the Administrator of denial is affirmed.
CONCLUSIONS OF LAW
1. The City of Meridian has duly enacted the following ordinance
provisions regulating rental facilities as follows:
1. l All structures within floodplains throughout the City of Meridian
shall be required to adhere to the ordinance in the Floodplain
District, Chapter 11 of the Meridian Zoning Ordinance.
2. The City ordinances provide at Meridian City Code § 11-3-4 for an
appeal, hearing and review by the City Council of an order, requirement, decision,
interpretation or determination by the Planning and Zoning Administrator.
DECISION AND ORDER DENYING APPEAL OF PLANNING AND ZONING
ADMINISTRATOR'S DECISION TO REQUIRE A CONDITIONAL USE
PERMIT FOR A CONCRETE TILT-UP FACILITY AT BALTIC STREET IN
THE MERIDIAN BUSINESS AND INDUSTRIAL PARK OF ROD EISELE,
EAGLE CONCRETE PUMPING
Based upon the above and foregoing Findings of Fact and Conclusions of Law
IT IS HEREBY ORDERED AND THIS DOES ORDER THAT:
ORDER DENYING APPEAL OF PLANNING - PAGE 3 OF 5
AND ZONING ADMINISTRATOR'S DECISION TO REQUIRE A
CONDIT[ONAL USE PERMIT AND ORDER OF REMAND
EAGLE CONCRETE PUMPING (BY: ROD Eisele)
1. The decision of the Planning and Zoning Administrator of denial of the
concrete pumping facility is based upon the grounds that a conditional use permit
would be required for a concrete tilt-up facility as it is completely within the 100-year
floodplain of Five Mile Cree, and is therefore also regulated by the Floodplain
District, Chapter 11 of the Meridian Zoning Ordinance, but is denied upon the
condition that the concrete tilt-up facility would require a conditional use permit in
the I-L zone because the site is completely within the 100-year floodplain of Five
Mile Creek, and is therefore also regulated by the Floodplain District, Chapter 11 of
the Meridian Zoning Ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code § 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the denial of
the appeal 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.
~i~-
By action of the City Council at its regular meeting held on the ~ ~ 'day of
2000.
ORDER DENYING APPEAL OF PLANNING - PAGE 4 OF 5
AND ZONING ADMINISTRATOR'S DECISION TO REQUIRE A
CONDITIONAL USE PERMIT AND ORDER OF REMAND
EAGLE CONCRETE PUMPING (BY: ROD Eisele)
~ ~
ROLL CALL:
COUNCILMAN ANDERSON VOTED ~/' ~---
COUNCILMAN BIRD VOTED G ~-
COUNCILPERSON deWEERD VOTED G cc,
COUNCILPERSON McCANDLESS VOTED ~~-
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: ~/ ~ -Op
MOTION:
APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works .,. ; ~, ,,
Department and the City Attorney. F~,hii"""""'i~~;;;~
FM
By. ~~ ~~- Dated: ~~~'~(~
City Clerk
msg/Z:\Work\M\Meridian 15360M\Eagle Concrete Pumping Appeal\ORDERDenyingAppeal.wpd
ORDER DENYING APPEAL OF PLANNING -
AND ZONING ADMINISTRATOR'S DECISION TO REQUIRE A
CONDITIONAL USE PERMIT AND ORDER OF REMAND
EAGLE CONCRETE PUMPING (BY: ROD Eisele)
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PAGE50F5
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.,;ITY CLERK FILE CHECKLIST
Project Name: Eagle Concrete Pumping File No.
Contact Name: Rod E. ~~ ~ _~;~'~~ Phone:
Date Received from Planning and Zoning Department:
Planning and Zoning Level:
^ Transmittals to agencies and others:
^ Notice to newspaper with publish dates:
^ Certifieds to property owners:
n/a
939-8785
Hearing Date:
and
^ Planning and Zoning Commission Recommendation:
Notes:
^ Approve ^ Deny
City Council Level:
Transmittals to agencies and others:
Q Notice to newspaper with publish dates:
0 Certifieds to property owners:
City Council Action:
Hearing Date: Jufy 5, 2000
n/a
n/a and n/a
n/a
Approve u Deny
0 Findings / Conclusion$ /Order received from attorney on: `~-~~
Findings /Conclusions /Order:
^ A
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Original Res /Copy Cert: Minutebook
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Copy Res /Copy Cert: City Clerk
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^ COples DI$bUr$ed: y
ngineer
City Planner
Findings Recorded City Attomey
Sterling Codrfiers
Development Agreement: Project File
Copy Res/Original Cert:
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^ Sent for SlgnatureS: Ada County (CPAs)
Applicant (non-CPAs)
Recorded Ordinances:
^ Slgned by all partle$: Original: Minutebook
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State Tax Comm.
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City Attomey
City Engineer
^ Copies Disbursed: City Planner
Pro;eotfile
Ordinance No. Resolution No Applicant (if appl.)
Frndmgs/order"
.
^ Approved by Council: Original: Minutebook
copiest°: Applicant
^
Recorded: Deadline: 10 days Project file
City Engineer
City Planner
^
Published in newspaper: City Attomey
••RecordvacationFindings•'
COple$ DI$bur$ed: Recorded Devebpment Agreements;
Original:Fireproof File
Notes: Copies to:Applicant
Project file
Zone City Engineer
City Planner
City Attomey
July 28.2000
VAR 00-010
MERIDIAN CITY COUNCIL MEETING ,1Uly 5, 2000
APPLICANT Eagle Concrete Pumpin ITEM NO. 9
REQUEST Appeal of P 8~ Z Administrator's Decision to require aCUP -Baltic Street in the
Meridian Business and Industrial Park
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
See attached
See attached
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OTHER:
Contacted: ~zC~c~ ~ . ~X'. ~'1~~ _ ~I Date: ~1.~ Phone: ~~- ~~ `~
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Materials presented at public meetings shall become property of the City of Meridian.
,^, j~EcE~,D
JUM 2 i 2000
APPEAL APPLICATION FORM N~I~ ClP ~~.L.KTI~~j,N
~G & ZONING
Appeal of Decision of Zoning Administrator x
-City Engineer
Building Department Stag'
P&Z Commission
Other (Specify)
Applicatlt: EAGLE CONCRETE PUMPING
Address: _ 645 EDGEWOOD LANE
EAGLE IDAHO 83616
Phone Number: 939-8785
Nature of APpeal;~ee Attached Sheet For Comments
Fee: 100.00
RECEIVED
JUN 2 121100
CITY OF MERIDIAN
CITY CLERK OFFIrF
~~~' ~ ~~
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Signature ~ -
ATTACFIMENT TO APPEAL APPLICATION FORM FOR CITY OF MERIDIAN FOR
NATURE OF APPEAL:
The Owner of Eagle Concrete Pumping would like to appeal the Zoning Administrator's decision
to require this project to file a Conditional Use Application. The Owner and Architect contacted
the City prior to starting work on the project asking what conditions needed to be met in order to
obtain a building permit for the Eagle Concrete Pumping project located on Baltic Place. They
were informed a Certificate of Zoning Compliance was needed prior to the building permit. As a
result the Owner and the Architect proceed with the appraisal, financing and construction
drawings. The Owner had indicated to the City his project was in the floodway and this issue of
the Conditional Use Permit was not been noted. The Architect later check with the City and
received the same information. When the permit was submitted it was turned down since the
project was in the floodway.
We were told the finish floor elevation would need to be 3'-0" above the existing road grade. This
finished floor elevation will not work on a small lot. It would be difficult at best to make the
slopes into the building from the road comply with good engineering practices. In addition it
appears the City has allowed other buildings on the same road to build without regard to the
floodway issues or a Conditional Use Application.
In any event the Owner would like the City of Meridian to consider his request not to require a
Conditional Use Application or since he has proceeded in good faith at leased a shorten staff level
version so construction could start before his financing commitment runs out. The Owner knows
the project is in the floodway and is willing to consider all conditions that maybe placed on his
project to insure the best flood proof project. The current project is proposed as a concrete tilt-
up building. This building type has the least construction joints, solid concrete walls, the
heaviest structural components and will not rupture easily from floating debris. We are proposing
to use City sewer and can add shut off valves to prevent seepage in the event of a flood.
We initially requested the information from the proper agencies and tried to proceed with the
information to construct the project. The Conditional Use Application requirement was only
noted to us by staff when we did submit for a Zoning Certificate. We hope the City Council will
consider this request so the Owner can keep his financing in place and can proceed with the
project during the summer months. We feel this is a good building type for the floodway and
would hold up well under those conditions. We also feel we have tried to obtain the necessary
information to make the correct submittals to the City. For all parties concerned your help and
consideration would be appreciated.
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EAGLE CONCRETE PUMPING 353 5 2 4 3
654 N. EDGEWOOD 939-8785
EAGLE, ID 83616-5314 E
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MAYOR
Robert D. Corrie
CITY COUNCIL MEMBERS
Ron Anderson
Keith Bird
Tammy deWeerd
Cherie McCandless
MEMORANDUM:
To:
From:
Re:
.-~.
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433 • Fax (208) 887-4813
City Clerk Office Fax (208) 888-4218
Mayor & City Council
Steve Siddoway, Planner
RECEIVED
JI;J .~ ®2000
CITY OF MERIDIAN
CITY CLERK OFFICE
~-~_
LEGAL DEPARTMENT
(208) 288-2499 • Fax 288-2501
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 • Fax 888-6854
June 28, 2000
Request for Appeal of Zoning Administrator's decision to require a Conditional Use
Permit, by Eagle Concrete Pumping.
I have reviewed this appeal and offer the following comments, as conditions of the application. These
comments shall be considered in full, unless expressly modified or deleted by motion of the Meridian
City Council:
The subject parcel is zoned I-L in Meridian Business and Industrial Park. The proposed use by Eagle
Concrete Pumping is deemed a permitted use in the I-L zone. However, the site is also completely
within the 100-year floodplain of Five Mile Creek, and is therefore also regulated by the Floodplain
District, Chapter 11 of the Meridian Zoning Ordinance. The proposed structure should be required to
obtain a Conditional Use Permit as per the ordinance.
The applicant correctly states that this ordinance has not been applied to other buildings in the area.
However, the City's oversight of this ordinance requirement in the past should not be construed as
precedence to overlook it in this case. It should be made clear that all structures within floodplains
throughout the City of Meridian will be required to adhere to the ordinance from this point forward. The
ordinance is clear on the matter.
The purpose of the Floodplain Overlay District (FP) is to guide development in floodplain areas
throughout the City of Meridian, and to minimize the expense and inconveniences to the individual
property owners and the general public through flooding. Authorized uses in the FP district are generally
associated with open space, recreational and agricultural land uses and shall not hinder the movement of
flood waters. The FP district is superimposed over other zoning districts, wherever a 100-year floodplain
exists (see Ordinance 11-11-1).
Meridian Zoning Ordinance 11-11-2 states that:
All uses are permitted in the respective districts with which the FP [floodplain] district
is combined with the exception that structures used in carrying out those permitted
activities must be approved by the Commission and the City Council under the special
use permit procedure and deemed appropriate to be located within the floodway or
floodway fringe.
Eagle Concrete Pumping.AP.doc
June 28, 2000
Page 2
The "special use procedure" is synonymous with the "conditional use procedure". Note the definition
of `conditional use permit' in the ordinance states:
Conditional Use Permit - (Also known as a Special Use Permit and Special Exception.)
Permit allowing an exception to the uses authorized by this Ordinance in a zoning
district.
The Floodplain Ordinance requires floodproofing the sewer and water systems and that the main floor
of the structure be placed 1-foot above the 100-year flood level (see Ordinance 11-11-3-A). The flood
level on the site is 2611 ft. The floor elevation of the structure is only 2609.25 ft., nearly 3 feet below
flood level. The applicant has stated that to raise the building above the flood level, it would require
filling 3 feet above the existing road, requiring steep slopes contrary to "good engineering practices."
I have also heard that the structure may be designed to allow the flow of floodwaters through it, without
damage to the structure. If this is the case, the project would be a good candidate for a Variance based
on a hardship, but the ordinance requirement cannot be simply waived without a Variance.
Conditions that may be required by the Commission [and Council] in approving structures in a
Floodplain Overlay Zone through the Conditional Use Process include:
a. Limitations on periods of use and operation;
b. Imposition of deed restrictions;
c. Location and arrangement of structures within the floodway and floodway fringe areas to
avoid an increase in flood heights during the recurrence of the 100-year flood discharge;
d. Requirement for construction of channel modifications, dikes, levees and other protective
measures;
e. Placement of survey benchmarks; and
f. Additional Floodproofing measures.
If the requirement for the Conditional Use process is eliminated, these types of conditions could not be
imposed on project. As written, such restrictions must be imposed by the Commission [and Council], not
just by staff to be in effect.
Further, according to 11-11-6, the evaluation of the effect on a proposed use in the floodway and floodway
fringe areas causing increase in flood heights is based not just on the effect of the single use acting alone,
but upon the reasonable assumption that other landowners within the floodplain may need to be allowed to
develop to an equivalent extent within the floodway and, therefore, the accumulative effects of all such
encroachments must be considered by the Commission in making any decision.
Staff recommends requiring the Conditional Use process per the ordinance to address these issues.
However, if the Council is inclined not to require the Conditional Use process in floodplains, they should
instruct the legal department to prepare an ordinance revision that strikes the requirement for the conditional
use process and gives staff authority to impose the additional floodplain conditions stated in Chapter 11.
Eagle Concrete Pumping.AP.doc
,,-.
** TX CONFIRI 1N REPORT **
r
AS OF JUL 03 'end 1153 PAGE. 01
CITY OF MERIDIAN
DATE TIME TOiFROM
05 07103 11 50 1 208 939 8351
MODE MINiSEC PGS CMD#t STATUS
G3--S 02'59" 005 090 OK
City of Meridian
City Clerk's Office
Phone: 208-888-4433
Fax: 208-888-4218
FaX
ro: Rod E. rTOm: Shelby
rax: 939-9351 Pgges: 7
Phone: 939-8785 fore: 07/03/00
rte: 7/5/00 Council Meeting Info cc:
^ Urgent ^ For Review ^ Please Comment ~ Please Reply ^ Please Recycle
Rod,
The Item packet for tomorrow's Council meeting is following. This
is the new information received that the Council will be reviewing
along with the application. please call ff you hove any questions.
Shelby