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HomeMy WebLinkAboutZ - Approved Findings for A and B CITY OF MERIDIAN V IDIAN;--- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ! DAHO DECISION& ORDER In the Matter of the Request for Conditional Use Permits for Touchmark Office Buildings A&B, Located at 3512 and 3526 E.Louise Drive in the L-O Zoning District,by Conger Group. Case No(s).H-2024-0045 and H-2024-0046 For the Planning& Zoning Commission Hearing Date of: October 17t'',2024 (Findings on November 7t",2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 17t'', 2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 17t'', 2024, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of October 17', 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 7',2024, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian Planning&Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this decision,which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk 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). [H-2024-0045 and H-2024-0046] Page 1 F97 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of October 17',2024, 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 § 1I- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Conditional Use Permits is hereby approved in accord with the conditions of approval in the staff report for the hearing date of October 17`h, 2024, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two(2)Year Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City in accord with UDC 11-513-617.1. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.F.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as determined and approved by the Commission may be granted. With all extensions,the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of October 17", 2024. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0045 and H-2024-0046] Page 2 F98 7th By action of the Planning&Zoning Commission at its regular meeting held on the day of November ,2024. COMMISSIONER MARIA LORCHER, CHAIRMAN VOTED COMMISSIONER JARED SMITH,VICE CHAIRMAN VOTED COMMISSIONER BRIAN GARRETT VOTED COMMISSIONER ANDREW SEAL VOTED COMMISSIONER PATRICK GRACE VOTED COMMISSIONER MATTHEW SANDOVAL VOTED COMMISSIONER SAM RUST VOTED Maria Lorcher, Chairman 11-7-2024 Attest: Chris Johnson, City Clerk 11-7-2024 Copy served upon the Applicant, the Planning and Development Services divisions of the Community Development Department,the Public Works Department and the City Attorney. By: Dated: 11-7-2024 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0045 and H-2024-0046] Page 3 F99 Exhibit A COMMUNITY DEVELOPMENT C��fEPIDIAN*,- DEPARTMENT REPORT I DA H O HEARING 10/17/2024 Legend DATE: Project location TO: Planning&Zoning Commission Area of impact �r I �= City LimitsF_- FROM: Nick Napoli,Associate Planner O Analysis 208-884-5533 nnapoli@meridiancity.org APPLICANT: Marcel Lopez T j o SUBJECT: H-2024-0045 and H-2024-0046 + j Touchmark Office Buildings A&B LOCATION: Located at 3512 E. Louise Drive and f 7�- 3526 E. Louise Drive in the north '/4 of Section 16,T.3N.,RJE. (R8509140100 and R8509140090) ==yam I. PROJECT OVERVIEW A. Summary The applicant requests a conditional use permit to construct and operate two office buildings (4,760 square feet and 4,534 square feet) on 1.2 acres in the L-O zoning,by Conger Group. B. Recommendation Staff: Approval with conditions. C. Decision Commission: Approved CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0045 and H-2024-0046] Page 4 Floo II. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Vacant - Proposed Land Use(s) Office - Existing/Proposed Zoning L-O V.A.2 Future Land Use Designation MU-C(Mixed Use Community) V.A.3 Table 2: Process Facts Description Details Preapplication Meeting date 8/6/2024 Neighborhood Meeting 8/21/2024 Site posting date 10/4/2024 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District • Comments Received Yes - • Commission Action Required No - • Access Private Drive Aisle - ITD Comments Received No - Meridian Public Works Wastewater III.B • Distance to Mainline Available at site • Impacts or Concerns No Meridian Public Works Water III.B • Distance to Mainline Available at site • Impacts or Concerns No Note: See section III. City/Agency Comments & Conditions for comments received or see the public record: (https:llweblink.meridiancioy.orglWebLink/Browse.aWx?id=362259&dbid=0&repo=Meridian C Lty)- CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0045 and H-2024-0046] Page 5 Flol III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview This property is designated as Mixed-Use Community(MU-C)on the Future Land Use Map (FLUM). The proposed use for office buildings is consistent with prior approvals and the comprehensive plan for the MU-C designation. The subject sites are among several commercially zoned properties surrounding the corner of S. Touchmark Way and E. Franklin Road. The proposed office buildings align with the desired uses specified within the Mixed-Use Community designation. In conjunction with the existing office buildings,proposed future residential, and existing residential the proposed use satisfies the mix of uses desired in the MU-C designation. Table 4: Proiect Overview Description Details History AZ-05-022; PP-05-054;CUP-05-050 Acreage 1.2 acres B. History and Process The subject property was annexed in May 2001 (Ordinance No. 01.917) and approved a conditional use permit(CUP-05-050)for the applicant to develop the property into a mixed-use retirement community consisting of residential dwellings,medical offices,commercial/retail businesses, and a senior community center. The CUP requires all lots within the scope of the permit to receive detailed CUP approval prior to developing the property. C. Site Development and Use Analysis 1. Proposed Use Analysis (UDC 11-2): The proposed use of office buildings aligns well with the Mixed-Use Neighborhood(MU-C) future land use designation,which supports a blend of residential, commercial,and recreational uses. Office buildings are typically principally permitted in the L-O zoning, however, due to a provision in the CUP from 2005, all properties require a detailed CUP approval. By offering service options within proximity to both residential areas and existing commercial developments,this project contributes to the community's overall livability and sustainability. Specifically, it adheres to Policy 3.06.02B,which encourages and supports mixed-use areas that provide the benefits of living, shopping, dining, and working nearby, thereby reducing vehicle trips. To align with the current development, staff recommends that the applicant enhance landscaping between the buildings and along the eastern buffer. Goal 2.09.02E of the comprehensive plan emphasizes the importance of consistent landscaping standards for developments. Therefore, staff is advising that these improvements be included with the Certificate of Zoning Compliance and Design Review submission. 2. Dimensional Standards (UDC 11-2): Development of the site hall comply with the dimensional standards of the L-O zoning district in UDC Table 11-2B-3.Staff has reviewed the proposed plans and building elevations and they comply with the required standards. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0045 and H-2024-0046] Page 6 F1 D. Design Standards Analysis 1. Landscaping (UDC 11-3B): i. Parking lot landscaping Landscaping is required to be provided along all parking areas per the standards listed in UDC 11-3B-8. The proposed landscape plan shall be revised to include a tree in the planter island to the west of the trash enclosure on the northern property the minimum requirements. ii. Landscape buffers to adjoining uses Landscaping is required to meet the standards of UDC 11-3B-9. The landscape plan meets the minimum requirements. iii. Storm integration Storm drainage is required to comply with the standards listed in UDC 11-3A-18. 2. Parking (UDC 11-3C): i. Nonresidential parking analysis A minimum of one(1) off street parking space is required per 500 square feet of gross floor area. Based on the buildings ranging between 4,534 and 4,760 square feet, 19 parking stalls are required between the two(2) sites.A total of 37 parking stalls are provided exceeding the required parking. ii. Bicycle parking analysis A minimum of one(1)bicycle parking space must be provided for every 25 vehicle spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to comply with the location and design standards listed in UDC 11-3C-5C.Bicycle parking is depicted on the plans submitted with this application that meet the requirements. 3. Building Elevations (Comp Plan,Architectural Standards Manual): Goal 2.09.03A of the Comprehensive Plan highlights establishing distinct, engaging identities within commercial and mixed-use enters through design standards to integrate commercial, multifamily,and parking areas with existing neighborhoods. In response,the developer has submitted conceptual building elevations for the proposed structure as shown in Section VII.C. Building materials consist of EIFS stucco, craft chop ledge panels, standing seam metal panels, steel canopies, and glazing. The proposed conceptual elevations are approved. The final design is required to comply with the Architectural Standards Manual for Commercial Design Guidelines. E. Transportation Analysis 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Goal 6.01.02B emphasizes reducing the number of access points onto arterial streets by utilizing strategies such as cross-access agreements, access management, and the creation of frontage and backage roads,while also improving connectivity between local and collector streets. The site plan features a single access point via a private drive aisle located on the western part of the site. This private drive aisle connects to S. Touchmark Way and E. Louise Drive(collector streets). Staff has concerns with the location of the trash enclosure,however,Republic Services has approved these locations. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0045 and H-2024-0046] Page 7 F1 2. Sidewalks (UDC 11-3A-17): The proposed plan includes a pedestrian walkway from the main sidewalk on the north side of the buildings connecting to the front of each building. Pedestrians do not need to cross driving surfaces to connect with these building so delineation from the drive aisle is not required. The site/landscape plan submitted both reflect compliance with this standard. F. Services Analysis 1. Pressurized Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided as set forth in UDC 11- 3A-15. 2. Storm Drainage (UDC 11-3A-18): Storm drainage is required to comply with the standards listed in UDC 11-3A-18. 3. Utilities (Comp Plan, UDC 11-3A-21): Both the Plan and the UDC establish policy and regulations for extending and connecting to City utilities. Goal 3.03.03G of the Plan mandates urban infrastructure be provided for all new developments,including curb and gutter, sidewalks,water and sewer utilities. All utilities for the proposed development are required to be installed in accord with the standards listed in UDC 11-3A-21. III. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. Future development of this site shall comply with the previous conditions of approval and terms of AZ-05-022; PP-05-054; CUP-05-050; and FP-06-012 and the conditions contained herein. 2. The site plan and/or landscape plan, as applicable, shall be revised with the certificate of zoning compliance application as follows: The eastei%!a-adseape buffer-and area between the buildings shall be revised - A tree shall be depicted in the planter island to the west of the trash enclosure on the northern property. 3. A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed use prior to submittal of a building permit application. The design of the site and structure shall comply with the standards listed in UDC 11-3A-19;the design standards listed in the Architectural Standards Manual and with the Development Agreement. 4. The conditional use permit is valid for a maximum period of two (2)years unless otherwise approved by the City. 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 as set forth in UDC 11-5B-6. A time extension may be requested asset forth in UDC 11-5B-6F. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0045 and H-2024-0046] Page 8 F1 B. Meridian Public Works PRE-PLA'f COND1'11ONS wastewater + Dkstancetn; tiwer SewerAvailable atsibe Services Sewer shed a kstimated Project see application Sewer ERU'S • WRRI Ueclinmg Balance • ProfectCamiste•nt Yes with W4Y Master FlaOF aclifty Plan • Impa Lt5�e8r1cerns • + See Public Wafks Site Specific Conditions Water Ekganoetowater waterhvaklahleatsite Services • Pre551ffe LUrre + Estimated Project see application WaterkRU's • WaltertLuakty None • Flopct Can515te nt yes with Water Master Plan ImpaotS/Cencerns Nave-Please see Public warksstte specific C:ondrtions NON-P LAY CON lll'IlONS hPt.mm:444mL3DrPARTmi--r Site Spc lfie Candllians of Approval I. Thae is an existing Aub bmated at the SW corner ofthc wile-Wake nx-tcr FKcd'.to connect within T front end ofAulk Callout mmoyal of the Rlnw-off.Water nx ery need to be located ins 1mdmap1og area 2. W aier services rcqui rc a 21Y oa crnent up to the waicr meter.The city regL"that the cs cincnt extrnd;IQ'past the water mderbut nnly S'lq fcyujrcd. 3. Single stnrxtuc multi-tiuml unit,that am for renal nnly should have a-ingV City nxiw.Ifthe unity wil I he cwmcd individually,dKn cash mee&a wwix meter. 4. CagwwL,and rAhm penmanem suimb rq(trees,hwhcs,buildings,trash rouygae]c ualLz,fend, infiltration trendies light pales,ram}i-,anntx Ix built within the utility Fa cmcm 5- .Ensure nn Rcwcrsmiccrt eFem infiltratirrfitrenehes.Rcwersctviec Ijnc.q tJ:m)ugh underground wqWhe hcxi'.in-'.Value aM rxii aillawtxi WdMi Uppmved by dw Cicy 1kLginccr- 6. Water scrvioeri requite a 21Y c ienwO up to and li7'beyond the meta%ar as cJck;c to 16'aw perm-ble- CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0045 and H-2024-0046] Page 9 F1 C;raeral Condition!;of approval 1. Applicaut shall ecKxdiaatewatcr aad wewer ina.in size and mutiag with the Public Wc' rkw DeparuncnL 2. Pcr Meridian CLty Co&(MCC'),the applicant shall be re lwtesiNe is k"I wewer and wake mains to and through this devcLopnwmL Applicant may he cLigible for a reimtwrsnrou agreement forinfrairmfim enhanccrnent per MCC 9-&5. 3. The applicant wall provide cascmcnt(s)for all public watalacwar mains outside of public eight of way(include alL water ycraiccx and hydrants). Sewcrhwatcr ramnau varies dgrcndi ng cm wcwcr depth.Scwcr 420 ft deep require a 30 ft caarntcnft,2425 Ram ft eascrncnt.and 25-30 A a 45 ft C&sCment- Ensure err pcnrarecnt Anvw res(truce hushes,huilding,�cuportv,trash romptanle wank.fence&infiltration trencher:,light pok%,etc.)arc hulk within the utility easement- Submii an execuled easement(on the form availabLe from Public Works),a Iegal.dcacription prepared by an Tdalut Tieatsed Pmfemwnal Deed Surveyor,whLch must Lnelude the arc$of the cascntcni (inadad EXHIBrf A)and an SJr2"A I I"nW with bcarings and distances(marked F}CHJRIT R) for review-Bras exEhits must be scaled,signed and dated by a Pmfemional Land Surveyor-DO NOT RECORD. 4. The City of Meridian requjrcs that prrssuriaed i rrigatinn systems he supplied by a year-round source of water(LJDC L L-3B-6).71hc applicam whouLd he rcquiwdto use any existing surfacc-or well waler foethe printery sewree. Tf a strrfaec or well uwrree is ttotavaiLahl asit4elciruni connection in the culinary walers).ti m shall be required_If s rkSLo-poirt connection iw u ikzod, the developer will he respnnyi-blc far the payment of*Laoswerku Rw the cornnxxt auras priortn prior to roceiving dcydri iert plan apprcwal- 5. Anyonklures that are allowed in remain shall he subject to cvalt."cm and possible mm.Nignmcni of 4rect addressing to he in compliance with MCC. fi. All irrigation dit&em,canals,laterals,ordraim,exdwiveof natural waterways,Lntrxseaing, er"ngor laying adjacerdandeod.iguixtito the area hieing subdivided shell he ad&cmed pa kW,I 1-3A#ti In perforrai ng such work,the appLic=shall comply with ldahn CO&42-1207 and any othff appLioable law or regulating 7. Any wells that will.fret erwttinue to be used must he propalyr ahandnned according to Idaho WeL1 Censtrurtion Standards Rulcs admi niitcrad by the Idaho Diepartmeni of Water RcsoureC€ The fkvelopef's Fng1ncer shall.provide asiaLemamaddresaing whether tlxroale aay a kfmg welLs in the dcvc qwd cwt,and Lfso,haw they will exmtinuc 0be used,or provide reaawd of their ahandenrncnL X. Any existing gq*c syytcros within this project shall he mmoycid fmrnscrviae perCity Grdinautar. Section 4-L-4 and9 4 8- C.ontactC.enual District Health for abandonmcM prerodaresand ingKc ions(208)37--521 l- 9. Al I imprcwannerds related to public I ife,safety and health;hall he completed prier to oompaney of the 4iructures. 10. Applicant shall be naquired to pay Public Wrwlrs deuelcgw rt plan re4imy.and eomgwwAhin inspection fce-�.isdelermincdduring the plan review peeress,priorm tic bNwmceofa pLan approval]ct1cr- 11. It shaL]be the responsibility of the appLicam to ensure that"dcvcLoprncnt features owwLy widk the Arneeicam with DLsahLlities Act and the Fair Hansing Act 12. Applicant shall be respnncFjNc for application wd wmpLiance with any Section 4M Permitting that may be rcquircd by the Army Corps of Fngjnecm 13. Ucucloper shall caxrrdLrkue majlhnx Locations with the Meridian Post cortm. 14. Ccxupaclion text rcsuLts shad]be submiued in the Mesidjam BuiLdi ng Depautmeni for all bui Iding pads reecivingrnginocredbackfiLl,where Wdngwould sitatnp fell material- CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0045 and H-2024-0046] Page 10 F1 15. The desrgp cnginax shall he requtlyd to certify that the street cerrtulinc clevauoas an set a minimurn of 3-keT abnvc the highest orrablishad rycak,grmmtwaicrdcualion. This is to ensure that the hcaom clevationofthe crawl spaocsof honws is at least l-foot abow- 1 d. The applimea design eng1wer sha1L he n Fwwt!sihla for im"ion of aLL irrigation and+or drainage faciLLty within this project That do not faLL under the jurisdiction of an irrigation district nr A(-.Hf)_The design engineer shall provide certification that the facilities have barn installed in accordance withtbeapprovcd dcxign plank This certiflu6an will be mquirrd befcxe a oertifwatc of oocuparicy iy isrivad for my stmctwiN withi n the pvejoct 17. At the eon*ction of the pmjoet,the applicant sha1L he mFKwtsihlc to smhnut rmord drawings per the City of Meridian AulfC'AD standards, 'Thane rcoorddrawing4 mustbc receiyaiandappmvod priortn Ose bumanocofacerlifition of nceupancy few any siruewres within the pmjxt 18. A street Iiou plan will nwdto he included in thecivil oonyu=ion pleas,Street light plan wquiranea&arc Iislad in saetinn 6-5 ofthe Imprtwcmmt Standvrelu for Street Lighting.A cropy of The standards can he fawrrd at http!lwww.rncridiancity.a cgVpublic wrwits.aspOid-232_ 19. The City of Meridian rcquircs that the owner post[a the City a pexWrmancc smnty in the amaud of 125%oftho urrtalconsruction crrstforalL ineornplete sewer,water and m me Lnfrastmawe prior to finarL plat sigrmmrc_This surety will he verified by a LLrne item cost cWmic proyidcd by the a wrxr to the City.7lic surety can be pie"in the farm ofan Lrreyocoble Letter of cradit,cash dcprrrrit nr hand_AppLLcant ramt file an appLieaticrrt fix surety,which can be fomd an the Community Dcvclnprncnt Deparbr nt wchsite. PLeasc crwdwi Land Dcydnpmant Service fax mitre infrxmatim at 887-22L L. 20. The City of Meridian Fequires that the owner post To the City a warranty suety in the amount of 20%of ilro tcrtal trTrtsrr rk oost for 21L wraplcicd w wa,water and muse iof► mists rc for duralinn oftwo years.This surety wLl I be vef fied by a Line item oast cslinmte provided by the enynar rntlwCity.The surety can he pisdad in the fcwm ofaa LrmyomW loner of credit,cash lcirosit nr barrd_AppLicant must file an appLicadm fix surety,which can be frond rwt the Community DevelapnKr t Dgrarinxnt wcbsite. PLeasc emiml I-and Dewdroprnmt Service fix mire infcwmatim at 297-22L L. IV. FINDINGS A. Conditional Use (UDC 11-5B-6E) The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds the site is large enough to accommodate the proposed use and meets all dimensional and development regulations of the recommended L-O zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. The Commission finds the proposed office use will be harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section IV of this report. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds the design, construction, operation and maintenance of the proposed use should be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. However, staff recommends that the applicant enhance landscaping between the buildings and along the eastern buffer to align with the neighboring properties to the south. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0045 and H-2024-0046] Page ll F1 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The Commission finds the proposed use will not adversely affect other properties in the vicinity if it complies with the conditions in Section IV of this report. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools,parks,police and fire protection, drainage structures, refuse disposal,water,and sewer. The Commission finds the proposed use will be served by essential public facilities and services as required. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The Commission finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. The Commission finds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. The Commission finds the proposed use will not result in the destruction, loss or damage of any such features. 9. Additional findings for the alteration or extension of a nonconforming use: This finding is not applicable. 10. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. 11. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. This finding is not applicable. IV. ACTION A. Staff: Staff recommends approval of the proposed CUP application and finds it in conformance with the Comprehensive Plan,UDC with the conditions included in Section IV. and Findings in V. B. Commission: The Meridian Planning &Zoning Commission heard this item on October 171h. 2024. At the public hearing, the Commission moved to approve the sul ect two conditional use permit requests. 1. Summary of the Commission public hearing: a. In favor: Marcel Lopez CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0045 and H-2024-0046] Page12 F1 b. In opposition: None c. Commenting: None d. Written testimony: Marcel Lopez e. Staff presenting application: Nick Napoli f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by Commission: a. Whether the perimeter landscaping is sufficient or not. 4. Commission change(s)to Staff recommendation: a. Removal of the condition requiring additional landscaping to the east. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0045 and H-2024-0046] Page 13 Flog V. EXHIBITS A. Project 1 o Project Overview) 1. Aerial Legend FAIR-VIEW Project Location Area of Impact a. w • Analysis �`���,. Y. �� � �;�., PINE a , y- it __ ��. �� :���� E -� a•` 1 ��+I CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE ..�� lid� ■ it ■ ® � �1 Y 1 ■ 1, I�� I �_ T���„ie r r s t OVERLAND' Y ' • 1 11 and 1 11 2. Zoning Map . NIX-3 Legend C-C � O Project Location C G ;P�,_, _UT :.:Area of Impact R-40 15 O Analysis R-4 A'-1 Wil_ _ =C-N R-$ L-O M1 1A 111 E, m _ e L R-2 23 C-C. R=4 R-1 C C-G - R6 RUT R2 .. C-G R-40 R' A R-8 L-b .. C_C'. R-15 MAX-2 3. Future Land Use Legend C-G C-C RUT Project Location 1" Area of Impact - $ R-40 ® Analysis R-4 A`-1 I� V�-N L-O R-8 M1 J . R-2 !�Ruil�i� jr R2' L-O C-C R-1 C C-G _ R6 RUT R-2 R-40 R'-1 A L-O C-C,, 5 `MX-2 R-1 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0045 and H-2024-0046] Page 15 F1 4. Planned Development Map Legend Project Location Area of Impact — T=' City Limits Planned Parcels �. O Analysis �L --------------- - -- LLJ 9 FM I I MCI CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0045 and H-2024-0046] Page 16 F1 B. Service Accessibility Report Description z Location In City Limits GREEN Extension Sewer Trunkshed mains < 500 ft.from parcel GREEN Floodplain Either not within the 100 yr floodplain or > 2 acres GREEN Emergency Services Fire Response time < 5 min. GREEN Emergency Services Pclice Meets response time goals most of the time GREEN Pathways Within 1/4 mile of current pathways GREEN Transit Within 1/4 mile of current transit route GREEN Arterial Road Buildout Status Ultimate configuration {#of lanes in master streets GREEN plan) matches existing (# of lanes) School Walking Proximity Within 1/2 mile walking GREEN Either a High School or College within 2 miles OR a School Drivability Middle or Elementary School within 1 mile driving GREEN (existing or future) Park Walkability No park within walking distance by park type RED CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0045 and H-2024-0046] Page 17 F1 C. Site Plan (date: 5/17/2024) `I SITE d4TA OWNER DATA ,x l.e ona v O - a Mercury Eea Alternating o. aelms-ie.:cr. a G. r =- I G� d - Tpy__ u F• W u Y � �D U VQ wow �m vr' CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0045 and H-2024-0046] Page 18 Fil 4 D. Landscape Plan (date: 10/14/2024) 1/ � � �rv-.«-ter- ..__�r-.�..y �.. • aa•. '� .. �F x i V✓ •• �4iL?Y�" � � : ...`:e—.fin' �_M1r.�•��.:.I �__. .. ®R. * d JAMr I' IVVJJ o - Ti G I a. rs-s-.P� _ OVP L " .....,. .wnscnPe PLL4 v�wA CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0045 and H-2024-0046] Page 19 F1 E. Building Elevations(date: 4/17/2023) AD nscMKTX F- e� U �{ x: 394 A=1 0 $ o a� U 4 � Jm6m.- M No -°e ■� ® � ®°tea, .��-' — CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0045 and H-2024-0046] Page 20 F1