Tates Rents - CUP-12-018CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
E IDIAN~---
IDAHO
In the Matter of Conditional Use Permit Approval to Operate Equipment Rental, Sales and Service
Facility for Tates Rent, Located at 203 S. Main Street in the C-G Zoning District, by John Day.
Case No(s). CUP-12-018
For the Planning & Zoning Commission Hearing Date of: December 6, 2012 (Findings on
December 20, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 6, 2012, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 6, 2012, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 6,
2012, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 6, 2012, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this decision, which shall be
signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk
upon the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-12-018
Page 1
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of December 6, 2012, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code § 11-
SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's request for conditional use permit is hereby approved per the conditions of
approval in the attached staff report for the hearing date of December 6, 2012, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City in accord with UDC 11-SB-6F.1.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval, and
acquire building permits and commence construction of permanent footings or structures on or
in the ground. For conditional use permits that also require platting, the final plat must be
signed by the City Engineer within this two (2) year period in accord with UDC 11-SB-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-SB-6.F.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the Commission may be granted. With all extensions, the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional
use permit entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff report for the hearing date of December 6, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-12-018
Page 2
T~~
By action of the Planning & Zoning Commission at its regular meeting held on the ~~ ~ day of
2012.
COMMISSIONER SCOTT FREEMAN, CHAIRMAN
COMMISSIONER STEVEN YEARSLEY, VICE CHAIRMAN
COMMISSIONER MICHAEL ROHM
COMMISSIONER TOM O'BRIEN
Jaycee Holman, City Clerk
Copy served upon Applicant, The Planning
VOTED_ ~~~~
VOTED~~S=eJL~
VOTED ~ CJs
VOTED ~/ ~il..
VOTED
orks Deparhnent and City Attorney.
By: ~jn-•e~ Dated: l ~--~1~ -~ `~
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-12-018
Page 3
COMMISSIONER JOE MARSHALL
EXHIBIT A
STAFF REPORT
Hearing Date:
TO:
FROM:
December 6, 2012
Planning and Zoning Commission
Bill Parsons, Associate City Planner
(208) 884-5533
E IDIAN~--
tDAHO
SUBJECT:
CUP-12-018 - Tates Rent
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant has applied for conditional use permit (CUP) approval to operate an equipment rental,
sales and service facility on 3.01 acres in a C-G zoning district.
2. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed applications with the conditions listed in Exhibit B, based
on the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning and Zoning
Commission heard this item on December 6, 2012. At the public hearing, the Commission
moved to approve the subiect CUP request.
a. Summary of Commission Public Hearing:
i. In favor: John Dav
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Kev Issues of Discussion by Commission:
i. None
c. Kev Commission Changes to Staff Recommendation:
i. None
3. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-12-
018, as presented in staff report for the hearing date of December 6, 2012 with the following
modifications: (Add any proposed modifications.) Ifurther move to direct Staff to prepare an
appropriate findings document to be considered at the next Planning and Zoning Commission hearing
on December 20, 2012.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-12-018
during the hearing date of December 6, 2012 for the following reasons: (You should state specific
reason(s) for denial.)
Continuance
I move to continue File Number CUP-12-018 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
Tates Rent -CUP-12-018 PAGE 1
EXHIBIT A
The site is located 203 S. Main Street in the northwest'/a of Section 18, T.3N., R.IE.
b. Owner:
Concept Investments, LLP
PO Box 7338
Boise, ID 83707
c. Applicant: John Day, d+h+e architecture (395-1080)
d. Applicant's Request: Please see applicant's narrative for this information.
5. PROCESS FACTS
a. The subject application is for a conditional use permit. A public hearing is required before the
Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
b. Newspaper notifications published on: November 19, and December 3, 2012
c. Radius notices mailed to properties within 300 feet on: November 15, 2012
d. Applicant posted notice on site by: November 26, 2012
6. LAND USE
a. Existing Land Use(s): The subject site is a partially developed commercial property, zoned C-G.
b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: The area is
primarily developed with a variety of commercial uses except for the residential developments to
the west.
1. North: Partially developed commercial property, zoned C-G
2. East: Meridian Speedway, zoned C-G
3. South: Les Schwab, zoned C-G
4. West: Mobile home park and multi-family development, zoned R-15
c. History of Previous Actions: NA
d. Utilities:
1. Public Works:
Location of sewer: Sanitary sewer service to the site is from an existing sanitary sewer main
that currently traverses through the center of the subject site, and falls under the existing
building.
Location of water: Water service to the site comes from existing services in S. Main Street.
Issues or concerns:
e. Physical Features:
1. Canals/Ditches Irrigation: No major facilities.
2. Hazards: Staff is not aware of any hazards that exist on the property.
3. Flood Plain: NA
4. Topography: NA
7. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. In
Tates Rent -CUP-12-018 PAGE 2
EXHIBIT A
Chapter VII of the Comprehensive Plan, "Commercial" areas are anticipated to provide a full
range of commercial and retail to serve area residents and visitors. Staff finds the following
Comprehensive Plan policies to be applicable to this property and apply to the proposed
development (staff analysis in italics):
• Require appropriate landscape and buffers along transportation corridors (setback, vegetation,
low walls, berms, etc.) (Chapter 3, pg. 54).
The subject property abuts two arterial street designated as entryway corridors. Because the
applicant is expanding the site by more than 50%, the Unified Development Code (L1DC)
requires landscaping to comply with the landscape standards of the UDC including a 35 foot
wide landscape buffer adjacent to Main Street and Meridian Road. The submitted
site/landscape complies with the UDC requirement.
The applicant has depicted a display area within the required landscape buffer. It is the
intent of the applicant to integrate a small display area into the design of the required
landscape buffer. The specific use standards restrict display areas within the required
landscape buffer. However, the applicant may seek approval of an alternative compliance
application to allow to reduction to the landscape buffer and integrate a minimal display
area into the design of the buffer.
• Minimize noise, odor, air pollution and visual pollution in industrial and commercial
development adjacent to residential areas.
There are residential properties to the west across Meridian Road. The applicant is
proposing to provide the required 35 foot landscape buffers and a 6 foot tall masonry wall
along both street frontages to screen the facility from the adjacent streets and the existing
residential uses.
Additionally, the applicant is proposing a 4, 961 square foot building addition to repair the
equipment an enclosed structure as required by the specific use standards (UDC 11-4-3-15).
The applicant is also proposing an accessory storage yard for the western third of the site.
Accessory outdoor storage is allowed in the C-G zoning district if all equipment and
materials are screened from abutting properties. Screening in the form of a 6 foot masonry
wall is proposed along the northwest, west and east boundaries. Although the site to the
north is commercially zoned and partially developed, there is a strong possibility that the
property will redevelopment in the future. For this reason, staff is of the opinion the applicant
should provide solid fencing along the entire north boundary or increase the plant materials
in the required perimeter landscaping to effectively screen the storage yard and the rental
yard from the abutting properties.
Plan for a variety of commercial and retail opportunities within the Impact Area (Chapter 3,
pg. 51).
The owner of the property currently operates a similar facility in downtown Meridian. Due to
the road construction project (Meridian Split Corridor, Phase 2), the owner is relocating to
this property. Since the new location is within close proximity of the current location, the
proposed use will continue to provide services to the community.
Restrict private curb cuts and access points on collectors and arterial streets (Chapter 3, pg.
54)
The subject property is currently developed with two accesses to Main Street and one access
to Meridian Road. All of these access points are currently restricted to left-in/left-out
movements due to the traffic patterns of the abutting arterial streets. The applicant has
Tates Rent -CUP-12-018 PAGE 3
EXHIBIT A
designed the site so the retail/rental portion of the business is segregated from the repair
operations. The applicant indicates that the existing curb cuts are needed to provide
adequate circulation on the site. ACHD is recommending the northern driveway to Main
Street be closed.
The property to the north is partially developed commercial property. Because this type of
facility must be secure, funneling commercial traffic through the storage yard or the rental
area impacts the functionality of the site. Thus, staff is not recommending cross access with
the adjacent properties.
• Permit new development only where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City. (Chapter 3, pg. 45)
The site is already connected to City services. The change of use will not impact the services
being provided to this site. However, the existing building is constructed over a City sewer
main and a small expansion is planned over the easement as well. The Public Works
Department will not allow the wash bay expansion, or any other new structures to encroach
into the easement. Further, the City will require the applicant to dedicate a 20 foot easement
centered over the existing main. The restrictions by Public Works will require s the applicant
to revise the site plan and relocate the proposed wash bay and 3,400 square foot canopy
outside of the new easement area.
• Encourage Infill Development. (Chapter 3, pg. 50)
The subject site is already developed with an existing 8, 048 square foot building. It has been
vacant for a number of years. The applicant is proposing to redevelop a dormant, partially
developed site rather than moving to another location outside the city. Improvements to the
site include 4, 961 square foot addition, 3, 400 covered structure, 830 square foot wash bay, 6-
foot tall masonry block wall along Meridian Road and Main Street. The planned
improvements for the site are intended enhance the appearance of the site.
Staff is of the opinion that the proposed use is generally consistent with the Comprehensive Plan and
is generally compatible with the existing and future surrounding uses based on the analysis above.
8. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail
and service needs of the community in accordance with the Meridian comprehensive plan. Six (6)
districts are designated which differ in the size and scale of commercial structures accommodated
in the district, the scale and mix of allowed commercial uses, and the location of the district in
proximity to streets and highways.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted,
accessory, conditional, and prohibited uses in the C-G zoning district. The proposed equipment
rental facility requires conditional use permit (CUP) approval in the C-G zoning district.
Compliance with the specific use standards listed in UDC 11-4-3-15 for the use is also required.
C. Dimensional Standards: Development of the site shall comply with the dimensional standards
listed in UDC 11-2B-3 for the C-G zoning district.
D. Landscaping
1. Because the applicant is expanding the site by more than 50%, the Unified Development Code
(UDC) requires landscaping to comply with the landscape standards of the UDC including a 35-
foot wide landscape buffer adjacent to Main Street and Meridian Road. The submitted
site/landscape complies with the UDC requirement.
Tates Rent -CUP-12-018 PAGE 4
EXHIBIT A
9. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
Site/Landscape Plan: The applicant submitted acombined asite/landscape plan, prepared by
d+h+ a architecture, dated 11/05/12, labeled as site/landscape plan A1.1. The site plan depicts the
proposed improvements planned for the site. New structures include a 4,961 square foot building
addition, 3,400 square foot canopy, 830 square foot wash bay and additional landscape
improvements.
Because the applicant is expanding the building on the site by more than 50%, the entire site must
comply with all landscape standards.
As mentioned earlier, the existing building is constructed over an existing sewer main. The Public
Works Department has indicated that neither the proposed wash bay, nor any other structures will
be allowed to be constructed over the easement. To adequately service the sewer main, staff is
requiring the applicant dedicate a 20-foot sanitary sewer easement centered over the existing
sewer main. The requested changes require the applicant to modify the site/landscape plan and
shift the wash bay and canopy outside of the required sewer easement area.
Based on the review of the combined site/landscape plan, staff recommends the following
revisions:
• Construct a 35- foot wide landscape buffer adjacent to Main Street and Meridian Road in
accord with UDC 11-3B-7C and seek alternative compliance to develop the buffer with the
water conserving concepts in accord with UDC 11-3B-5.
• Construct a 5-foot wide landscape buffer adjacent the north boundary and bring the
southern boundary in compliance as set forth in UDC 11-3B-8C.
Equipment Rental, Sales and Service Facility: Per UDC 11-4-3-15, there are Specific Use
Standards that apply to the proposed use of the property as follows:
• All repair activities (including but not limited to, open pits and lifts) shall occur within an
enclosed structure. As mentioned earlier, the applicant is proposing to construct a 4,961
square foot building addition. This addition will be used to service and repair the rental
equipment in accord with this requirement.
• Equipment display areas are prohibited in the required landscape buffers. The applicant is
proposing a 1, SOD square foot display area within the required 35 foot wide landscape buffer
adjacent to Main Street. This property is located in a highly visible area in the City. Staff
realizes display of equipment is a necessity for this business. Because other landscape buffers
in the area have less than the required 35 feet, Staff is supportive of the applicant seeking
alternative compliance to reduce a small portion of the landscape buffer to allow for the
limited display of equipment. The applicant should design the display area so that it
complements the landscaping along Main Street.
Access: Access to this site is provided from both Meridian Road and Main Street, arterial streets.
All of these access points are currently restricted to left-in/left-out movements due to the traffic
patterns of the abutting arterial streets. Ada County Highway District is recommending the
applicant close the northern access to Main Street.
UDC 11-3A-3A restricts access to arterial streets if local street access is available. Further, it also
requires cross access with adjacent properties where local street access is not available. There are
no local streets serving the site. As mentioned earlier, the operational characteristics of the site
require a secure facility. The site has been designed to separate the rental display area from the
storage yard and the repair activities. Further, the UDC requires that the storage of materials and
Tates Rent -CUP-12-018 PAGE 5
EXHIBIT A
equipment be screened from adjacent properties. Based on the analysis above, staff is of the
opinion cross access is not feasible at this time. Once the property to the north redevelops it may
be feasible to provide a shared access to Main Street.
Parking: Per UDC 11-3C-6B, one off-street parking space is required for every 500 square feet
of gross floor area. Based on the total square footage of existing and proposed structures on the
site (13,009 s.f.), 26 parking stalls are required. Thirty-one (31) spaces are proposed on the
submitted site/landscape plan. Two of the proposed stalls along the west side of the building
appear to be constructed of recycled asphalt. The UDC requires all vehicle use areas to be
improved with an impervious surface. The applicant must revise the site/landscape plan to reflect
asphalt or concrete driving surface for the proposed parking stalls.
Additionally, per UDC 11-3C-6G, one bicycle parking space is required to be provided for every
25 vehicle spaces, in compliance with the standards listed in UDC 11-3C-SC.
Accessory Outdoor Storage: The applicant is proposing a large accessory storage yard for the
western third of the site. Accessory storage is allowed in the C-G zoning district if all equipment
and storage materials are screened from abutting properties. Along the northwest, west and east
boundaries of the site, the applicant is proposing to construct a new 6-foot tall masonry wall.
Although the site to the north is commercially zoned and partially developed, there is a strong
possibility that the property will redevelopment in the future. For this reason, staff is of the
opinion the applicant should provide solid fencing along the entire north boundary or increase the
density of plant materials in the required perimeter landscaping to effectively screen the storage /
rental yard from the abutting properties. Further, the ordinance requires that the yard to be fully
integrated into the design of buildings and site landscaping of the site.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water. The applicant shall be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, asingle-
point connection to the culinary water system shall be required. An underground, pressurized
irrigation system is required to be installed in accordance with UDC 11-3A-15.
The requirements for a pressurized irrigation system may be waived if the property does not have
water rights in an existing irrigation district. The applicant has indicated that the site has
insufficient water rights to service the development; however the letter from the Nampa Meridian
Irrigation District does not verify a water deficiency. The applicant must provide a pressurized
irrigation system in accord with UDC 11-3A-15.
The city's domestic water system is the last option for providing irrigation water to a proposed
development. The use of domestic water for irrigation will be subject to the City Engineer's
approval.
Building Elevations: The building elevations submitted with this application are included as
Exhibit A.3. The existing building is constructed of metal siding. The applicant is proposing the
addition to be constructed of similar building materials as the existing building. The addition will
sit higher than the existing building providing variation in the roof plane. Additionally, the metal
panels will be textured to simulate a stucco appearance and stone wainscoting is planned along
the facade to provide variations in the wall planes. Staff is supportive of the proposed elevations.
The applicant is required to comply with the design standards in accord with UDC 11-3A-19 and
demonstrate compliance with the guidelines in the Meridian Design Manual.
Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted, prior
to issuance of building permits, for any structure proposed with this application. The site and
landscape plan submitted with the CZC shall be revised to comply with the conditions of
Tates Rent -CUP-12-018 PAGE 6
EXHIBIT A
approval listed in Exhibit B of this report or as amended by the Commission and shall be
submitted prior to establishment of the new use.
Design Review (DES): The applicant is required to obtain approval of a Design Review
application for the proposed structures and site design. This application may be submitted
concurrently with the CZC application. The applicant must comply with the design standards
listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B.
10. EXHIBITS
A. Drawings
1. Vicinity Map
2. Site/Landscape Plan (dated: 11/05/12)
3. Elevations
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Republic Services
7. Ada County Highway District
C. Required Findings from Unified Development Code
Tates Rent -CUP-12-018 PAGE 7
EXHIBIT A
A. Drawings
1. Vicinity Map
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pates Rent -CUP-12-018 PAGE 11
EXHIBIT A
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EXHIBIT A
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.2.1. Comply with all bulk, use, and development standards of the C-G zoning district listed in UDC
Table 11-2B-3.
1.2.2 The site/landscape plan, prepared d+h+e architecture, dated 11/05/12, is approved, with the
conditions listed herein. The applicant shall revise the site plan as follows:
• Comply with the bicycle parking requirements stated in UDC 11-3C-6G and UDC 11-
3C-SC.
• The applicant may seek alternative compliance to reduce a portion of the landscape
buffer adjacent to Main Street in order to have a minimal display area. The display area
shall be incorporated into the overall design of the surrounding landscape buffer. All
equipment must be removed from the display area every evening and stored within the
confines of the rental yard.
• The applicant shall dedicate a 20-foot wide sewer easement centered over the existing
sewer main. The proposed wash bay and 3,400 square foot covered canopy shall be
located outside of the new easement area.
• Construct a 35- foot wide landscape buffer adjacent to Main Street and Meridian Road in
accord with UDC 11-3B-7C and seek alternative compliance to develop the buffer with
the water conserving concepts in accord with UDC 11-3B-5.
• Two of the proposed parking stalls along the west side of the building appear to be
constructed of recycled asphalt. The UDC requires all vehicle use areas to be improved
with an impervious surface. The applicant must revise the site/landscape plan to reflect
asphalt or concrete driving surface for the proposed parking stalls.
• The proposed parking areas shall comply with UDC 11-3B-8C.
• The landscape buffer adjacent to the southern boundary must comply with the standards
set forth in UDC 11-3B-8C or seek alternative compliance to develop the buffer with the
water conserving concepts in accord with UDC 11-3B-5.
• Construct a 6-foot tall masonry wall along the northwest, east and west boundary as
proposed. Provide a block wall and gate detail on the revised plans. Chain link with slats
does not qualify as an acceptable screening material.
• Provide solid fencing along the entire north boundary or increase the density of plant
materials in the required perimeter landscaping to effectively screen the storage /rental
yard from the abutting properties.
• The existing trees must be protected during construction on the site. Any trees that are
proposed for removal shall comply with the standards for mitigation listed in UDC 11-
3B-lOC.S.
1.2.3 Development of the site shall comply with the equipment rental, sales and service facility specific
use standards listed in UDC 11-4-3-15.
• All repair activities (including but not limited to, open pits and lifts) shall occur within an
enclosed structure.
Tates Rent -CUP-12-018 PAGE 15
EXHIBIT A
• Equipment display areas are prohibited in the required landscape buffers.
1.2.4 Prior to issuance of building permits, the applicant shall obtain approval of a Certificate of
Zoning Compliance and Design Review application. The applicant shall comply with the design
standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
1.2.5 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that
comply with the conditions of approval listed herein, prior to establishment of the new use.
1.2.6 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the
proposed development. A temporary Certificate of Occupancy may be obtained by providing
surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the
required improvements (including paving, striping, landscaping, and irrigation). A bid must
accompany any request for temporary occupancy.
1.2.7 The applicant shall comply with the outdoor storage as an accessory use standards as set forth in
UDC 11-3A-14. All outdoor storage of equipment shall be maintained in an orderly manner so as
not to create a public nuisance. Equipment shall not be stored within the required yards. Stored
items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian
traffic. The applicant shall either provide solid fencing along the entire north boundary or
increase the plant materials in the required perimeter landscaping to effectively screen the storage
yard and the rental yard from the abutting properties.
1.2.8 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28.
1.2.9 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11.
1.2.10 Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility
for compliance.
1.2.11 The applicant shall have a maximum of two (2) years to commence the use as permitted in accord
with the conditions of approval listed above. If the use has not begun within two (2) years of
approval, a time extension may be requested in accord with UDC 11-SB-6F prior to expiration. If
a time extension is not requested or granted and the CUP expires, a new conditional use permit
must be obtained.
1.2.12 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this project is currently available though existing services to the existing
main crossing the site. Minimum cover over sewer mains is three feet, if cover from top of pipe
to sub-grade is less than three feet than alternate materials shall be used in conformance of City of
Meridian Public Works Departments Standard Specifications.
2.2 Water service to this site shall be via existing services to the water main in S. Main Street.
2.3 The applicant shall provide a 20-foot easement, centered on the existing sanitary sewer main
crossing the site. No new structures will be allowed to encroach into this new easement area.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, asingle-point
connection to the culinary water system shall be required.
2.5 All development improvements, including but not limited to sewer, water, fencing, pressurized
irrigation and landscaping shall be installed and approved prior to obtaining certificates of
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EXHIBIT A
occupancy.
2.6 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to issuance of building
permits.
2.7 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
3. FIRE DEPARTMENT
3.1 The building may require the installation of fire sprinklers. Prior to submitting the building
permit, coordinate with Rick Jackson (887-2211) regarding the IFC requirements.
3.2 The applicant shall provide a Knox box for each of the gates into the secure yard. At least one
gate must have a key pad override for the Meridian Police Department.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with this application.
5. PARKS DEPARTMENT
5.1 The Parks Department has no concerns related to the site design submitted with this application.
6. REPUBLIC SERVICES
6.1 The applicant shall submit a scaled site plan stamped approved by Republic Services verifying
compliance with Republic Service's requirements with the CZC application.
7. ADA COUNTY HIGHWAY DISTRICT (DRAFT COMMENTS)
7.1 Replace the driveway, located 420-feet south of Franklin Road with curb, gutter and sidewalk, to
match the improvements on either side consistent with the District's minor improvement policy.
7.2 The applicant should be required to pave the driveway onto Main Street located approximately
678-feet south of Franklin Road (measured centerline to centerline) its full width and at least 30-
feet into the site beyond the edge of pavement of the roadway.
7.3 The applicant should be required to pave the driveway onto Meridian Road located approximately
688-feet south of Franklin Road (measured centerline to centerline) its full width and at least 30-
feet into the site beyond the edge of pavement of the roadway.
7.4 Payment of impacts fees are due prior to issuance of a building permit.
7.5 Comply with all Standard Conditions of Approval.
7.2 STANDARD CONDITIONS OF APPROVAL
7.2.1 Any existing irrigation facilities shall be relocated outside of the ACRD right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within the ACRD right-of--way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during
the construction of the proposed development. Contact Construction Services at 387-6280 (with
file number) for details.
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EXHIBIT A
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACRD right-of--way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACRD right-of--way. The applicant shall contact AC)=ID Traffic
Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during
any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACRD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACRD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACRD.
7.2.12 If the site plan or use should change in the future, ACRD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACRD Policy and Standard Conditions of Approval in place at that time
unless awaiver/variance of the requirements or other legal relief is granted by the ACRD
Commission.
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EXHIBIT A
C. Required Findings from Unified Development Code
1. Conditional Use Permit Findings:
The Commission shall review the particular facts and circumstances of each proposed
conditional use in terms of the following, and may approve a conditional use permit if they
shall find evidence presented at the hearing(s) is adequate to establish:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The Commission finds that if the site is designed according to the conditions of approval
in Exhibit B, the site will be large enough to accommodate the proposed use and meet
the dimensional and development regulations of the C-G zoning district and equipment
rental, sales and service facility specific use standards if the submitted plans are
amended as recommended by staff.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan
and in accord with the requirements of this Title.
The Commission finds that the proposed equipment rental, sales and service facility in
the existing C-G zone meets the objectives of the Comprehensive Plan.
c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character
of the general vicinity and that such use will not adversely change the essential
character of the same area.
The Commission finds that the proposed equipment rental, sales and service facility is
compatible with other uses in the general area and will not adversely change the character
of the area if the applicant complies with the recommend conditions of approval.
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity.
The Commission finds that the proposed development should not adversely affect other
property in the vicinity if the applicant complies with all conditions of approval listed in
Exhibit B of this staff report and constructs all improvements and operates the use in
accordance with the UDC standards.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
The Commission finds that sanitary sewer, domestic water and irrigation can be made
available to the subject property. Please refer to comments prepared by the Public Works
Department, Fire Department and other agencies.
f. That the proposed use will not create excessive additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
Since the property is currently annexed and zoned within the City, the Commission finds
that the establishment of the proposed use will not impact the existing services being
provided to the site. No additional capital facility costs are expected from the City.
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EXHIBIT A
g. That the proposed use will not involve activities or processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors.
The Commission finds that the proposed development will not involve uses that will
create nuisances that would be detrimental to the general welfare of the surrounding area.
The Commission recognizes the fact that traffic and noise will increase with the approval
of this development; however, the Commission does not believe that the amount
generated will be detrimental to the general welfare of the public.
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The Commission finds that the proposed development will not result in the destruction,
loss or damage of any natural feature(s) of major importance. Staff recommends that the
Commission reference any public testimony that may be presented to determine whether
or not the proposed development may destroy or damage a natural or scenic feature(s) of
major importance of which staff is unaware.
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