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HomeMy WebLinkAboutAppeal Narrative Geoffrey M. Wardle (208) 388-3321 gwardle@clarkwardle.com Via Citizen Access Portal Submission April 15, 2026 City of Meridian Meridian City Council 33 E Broadway Ave Suite 102 Meridian, ID 83642 RE: City Council Review – Appeal of Denial on ACZCU-2026-0002 CW File #: 24446.1 This appeal of Meridian Staff’s denial of CZCU-2025-0002 is submitted pursuant to Section 11-5A-7 of the Meridian City Code. In support of this request, we provide the application materials that were previously submitted and the following analysis. A. Introduction We represent Long Dog, LLC the owner of 100 S. Adkins Way, in Meridian, Idaho. The building currently has two tenants that occupy approximately 50% of the gross space. A construction company occupies 3,150 square feet and a classic car broker occupies 750 square feet. The remainder of the building was previously occupied by the Idaho Division of Vocational Rehabilitation until it vacated the premises. Long Dog acquired this property because it was “flex space”, enabling Long Dog to have investment income from the existing tenants while allowing Long Dog’s members to utilize the space vacated by Vocational Rehabilitation for their other business interests. The members of Long Dog are also the principals in Ketlinski Law Office, PLLC. The members of Long Dog also have a collection of classic vehicles that they desire to store in a single location. One of the members of Long Dog is a Certified Functional Strength Coach who is starting a strength training and coaching business and the other is in Date: April 15, 2026 Page: 2 Meridian Appeal Narrative - 2 the preliminary stages of creating a new animal-related business that is a principal permitted use within the zone, both of which could be operated jointly out of these premises. To that end, Long Dog desires to initiate a remodel of the space to modify it from the office configuration used by Vocational Rehabilitation to house all of Long Dog’s members’ business interests, by converting three existing offices into warehouse and storage space accessible through the roll up door, by creating a larger meeting space from two existing offices, and by including an additional restroom replacing an office. Long Dog’s proposed remodel of this portion of the building increases its functionality as “flex space” and in fact makes it more compatible with the IL Zone, by facilitating uses contemplated in the zone and reducing the amount of existing office space. Due to that desire to remodel, Long Dog requested a building permit but was denied the ability to remodel this property by Meridian Staff. This application was initiated to ensure that there was an application appealable under the Local Land Use Planning Act, specifically, Idaho Code 67 -6519; Idaho Code 67-6521, and Idaho Code 67-6535, and a complete, supportive record of the City’s actions. Meridian Staff’s denial of CZCU-2025-0002 is appealed for the following reasons: • Requiring a certificate of zoning compliance to convert space that provided personal and professional services to one that will provide personal and professional services violates the takings clauses and the due process clauses of both the Idaho and United States Constitutions. • Requiring a certificate of zoning compliance for a mere change in the user of property where the use remains the same violates the takings clauses and the due process clauses of both the Idaho and United States Constitutions. • Denial of this application by Meridian Staff is an act that is arbitrary, capricious, and an abuse of discretion. • Denial of this application contravenes the intention of the Idaho legislature in its recent enactment of S1326, the “Property Rights Protection Act”, signed into law by Governor Little on March 31, 2026, and effective upon its passage and approval. In support of this appeal, we provide the following additional analysis. B. Argument on Appeal Long Dog seeks to modify space that has long been used for professional and personal services for the personal commercial use of its members, through the conversion of the space to facilitate its members’ law office, vehicle storage, and potential training facility. There are no exterior modifications to the property other than the construction of the proposed roll up door. The property was originally approved for development and platted more than thirty years ago. 1. “Flex space” is the Use. We note, that there has long been confusion on the part of Meridian Staff how “flex space” is intended to function. That confusion appears rooted in the fact that there is an unwillingness in any zone to Date: April 15, 2026 Page: 3 Meridian Appeal Narrative - 3 acknowledge “flex space” as an actual use. The analysis that Meridian Staff has applied here (“When a building includes multiple tenant spaces, however, the City analyzes each tenant space separately”) is wholly inconsistent with the plain language of the UDC and how “flex space” is intended to function. “Flex space” is defined in Meridian City Code Section 11-12-1 as “the use of a building or a portion thereof for small scale warehousing and/or light industry with associated office and/or retail showroom space. Flexibility in the use of the interior spaces and low scale, attractive exterior appearance characterize flex buildings.” Thus, “flex space” is clearly defined as a distinct use that combines these other elements. And the members of Long Dog’s legal practice is associated with Long Dog’s ownership of the property, and use of other permitted or conditional uses as part of a multi tenant investment property. 2. The Use, “Flex Space”, is Subject to Specific Use Standards Why do we note that “flex space” is the designated use? It is because Meridian City Code Section 11 -4-1 reiterates that the purpose of the “Specific Use Standards” are as follows: This chapter provides specific standards for all uses as set forth within the applicable district in accord with chapter 2, "district regulations", of this title. Moreover, the Specific Use Standards have specified applicability to the entirety of “any property where the specific use is listed” under Meridian City Code Section 11-4-2: These regulations apply to any property where the specific use is listed as a permitted, accessory, or conditional use in the tables of allowed uses by district in accord with chapter 2, "district regulations", of this title. It shall be unlawful and a violation of this title for any person to use, construct, locate, initiate, alter, or maintain any structure, land or real property, or cause any structure, land, or real property to be used, constructed, located, initiated or maintained, in any manner which violates, omits, or fails to conform to any procedure, standard or requirement set forth in this chapter. Meridian’s Staff’s premise by premise analysis is inconsistent with Meridian City Code and deprives owners of “flex space” the value of their properties, by functionally prohibiting “flex space” as a use for multi-tenant buildings. 3. Meridian is not Consistent in its Interpretation of its Code Moreover, Meridian’s recognition of the importance of “flex space” as such, was reiterated most recently in the City of Meridian’s adoption of Ordinance No. 25-2099. As implicitly acknowledged in Ordinance No. 25-2099, once “flex space” is designated as the use, the user must also satisfy the specific use standards found in Meridian City Code Section 11-4-3-18, which we restate here for convenience: Date: April 15, 2026 Page: 4 Meridian Appeal Narrative - 4 A. Office and/or retail showroom areas shall comprise a minimum of thirty (30) percent of the structure and/or tenant space in the C -C District, fifteen (15) percent in the C-G District, ten (10) percent in the M-E District, and twenty (20) percent in the I-L and I-H Districts. B. Light industry and warehousing shall not comprise more than seventy (70) percent of the tenant space in the C-C District, seventy-five (75) percent in the C-G and M-E Districts, and eighty (80) percent in the I-L and I-H Districts. C. In the C-C, C-G and M-E Districts, roll-up doors and loading docks shall not be visible from a public street. D. Retail use shall not exceed twenty-five (25) percent of leasable area in any tenant space. E. At a minimum, one (1) parking space shall be provided for every one thousand (1,000) square feet of gross floor area. If a “flex space” property complies with the specific requirements of Meridian City Code Section 11 -4-3- 18, and the ratios of the uses set forth above, then the evaluation of what uses take place within the “flex space”, except for compliance with building codes and life safety requirements, ends. Meridian has adopted ratios of use within the “flex space” use that are independent of the land uses that are otherwise permitted. The individual tenant premises analysis Meridian Staff utilizes has no basis in these specific use standards. This interpretation is evidenced by Meridian City Code Table 11-2B-2, the table of allowed uses within commercial districts as well as Meridian City Code Table 11-2C-2, the table of allowed uses within industrial districts. First, the use “office” is not expressly identified in either Meridian City Code Table 11-2B-2 or Meridian City Code Table 11-2C-2. There are various uses which certainly necessitate offices therein, but in and of itself, office is not a use that is specified as prohibited, permitted, accessory or conditional. Yet, pursuant to Meridian City Code Section 11-4-3-18(A) there are specified minimums within “flex space” for “office and/or retail showroom areas”. In establishing the minimum of twenty (20) percent in the I -L District, it is clear that office use and retail use are contemplated to be much more than merely an accessory use within the I-L District as otherwise designated in Meridian City Code Table 11-2C-2. Next, Meridian City Code Table 11-2B-2 establishes that “Warehouse” is prohibited within the C-C District and is authorized only as an accessory use within the C -G District. Moreover, pursuant to Meridian City Code Table 11-2B-2 the use “Industry, light” is also prohibited within the C -C District while permitted with a conditional use permit in the C -G District. Notwithstanding those prohibitions, we note that pursuant to Meridian City Code Section 11-4-3-18(B) that those two uses are actually permitted within either of the C-C District or the C-G districts up to 70% and 75% of the “tenant space” respectively when “flex space”. In this instance, “associated” as cited by Meridian Staff in the definition Date: April 15, 2026 Page: 5 Meridian Appeal Narrative - 5 of “flex space” is doing significant work since the “associated” uses are neither permitted, nor conditional, nor accessory. The uses that Long Dog proposes for its property are in fact either permitted, or conditional, or accessory. Thus, we see that because “flex use” is the use, other than satisfaction of the amendments to Meridian City Code Section 11-4-3-18, further evaluation of additional uses within in the structure are irrelevant. Nothing in these recent amendments support the notion articulated in Meridian Staff’s denial of this request that for a multi tenant building the City is to analyze each space distinctly and divorced from the facts underlying the proposed “flex space” use. 4. Meridian is not Consistent in its Enforcement of its Code We have repeatedly heard Meridian Staff claim that they merely seek to preserve the IL Light Industrial Zone for light industrial uses as the rationale for why certain other commercial uses have been excluded, Meridian’s economic base requires buildings in the IL Zone, and that is why Meridian Staff is so protective in its interpretation of the UDC. However, that belief is far from reality. Meridian has repeatedly and willingly granted conditional use permits for recreational and personal services within the IL Zone, without any of the concerns articulated about the impact that it has upon the stock of “flex space” within the IL Zone. Among these most recent grants of conditional use permits for recreation and personal service uses by the City of Meridian are the following: • K1 Speed CUP H-2021-0077 • Black Box VR CUP H-2023-0022 • Daily Fit Bod CUP H 2023-0060 • The Base Jiu Jitsu CUP H 2023-0032 • Treasure Valley Athletic Center MCU-2024-0003 • Elite Fitness CUP H-2025-0021 • Uplifted Gym CUP-H2025-0023 • The Tee Box CUP H-2025-0056 We acknowledge that Meridian Staff will respond “but indoor recreation is a conditional use”, which it is. But in reviewing the staff reports and the decisions adopted in the approval of those conditional use permits, neither the planning and zoning commission nor the city council have ever adopted the analysis and process that Meridian Staff has articulated with respect to office uses that desire the flexibility afforded by “flex space”. Date: April 15, 2026 Page: 6 Meridian Appeal Narrative - 6 The concern articulated by Meridian Staff, however, is further belied by the lack of enforcement of professional and personal service office prohibitions within the IL Zone. Various other service office uses have been allowed to exist throughout the IL Zone in Meridian, including: • Land Use Solutions – 231 E. 5th Street • Farmer’s Insurance – 226 E 5th Street • Assurity Drug and Alcohol Testing – 480 E. Frankling Road, Suite 102 • Idaho Horse Rescue – 890 E Franklin Road, Suite 202 The foregoing is not an exhaustive list of conditional uses allowed within the IL Zone, nor an attempt to compel existing commercial uses to be curtailed. The foregoing are offered as evidence of the arbitrary and inconsistent manner in which Meridian Staff has applied the relevant code. The rise of “flex space” as a use and the City’s expansion of its permissibility to additional zones, has corresponded to the fundamental recognition that truly mixed use commercial spaces are necessary in today’s economy. The rigid notions of Euclidian Zoning have been abandoned by many jurisdictions, including Meridian, in the embrace of mixed use development. Certainly, at the time of those evaluations, Meridian Staff lacked the benefit of the 2025 amendments to Meridian City Code Section 11-4-3-18. By acknowledging that a minimum amount of office or retail activity is required in “flex space” even in zones that otherwise limit them to being accessory uses, and that warehousing activities are permitted “flex space” activities within zones that clearly prohibit it, it is clear that the City Council has determined that the analysis of “flex space” begins and ends with the building as a whole and that Meridian Staff’s ongoing retreat into the depths of the Meridian City Code to do a secondary evaluation of the use is erroneous. It does not seem plausible, especially in light of the City Council’s 2025 amendments to Meridian City Code Section 11-4-3-18, that the City of Meridian seeks to punish so many small businesses and small property owners with unreasonable and uneven enforcement of its code regarding “flex space”, especially in older properties like this one that have had several cycles of diverse tenants. The uneven nature of enforcement of limitations on office uses within “flex space” is evident from our review of similarly zoned and developed properties throughout Meridian. C. Conclusion Long Dog purchased this property because it would permit its members to consolidate all of their desired professional and personal uses in a single location. They know the neighboring uses, they know the tenants that they have and desire to maintain. They selected this property exactly because it was permitted “flex space” and do not desire to materially modify the use, rather they seek to make the space more compliant with “flex space” through its renovation. Consistent with the foregoing and this application, on behalf of our clients we respectfully request the following: Date: April 15, 2026 Page: 7 Meridian Appeal Narrative - 7 • Approval of a Certificate of Zoning Compliance requested above for Long Dog, LLC. • Approval of the site plan that it has proposed to facilitate its intended leases for the space. • Authorization to proceed to obtain a building permit for those improvements. • Additionally, the City should amend its ordinances so that office uses that seek the ability to have “flex space” elements, i.e. storage, warehousing, roll up doors and the like, are permitted as a conditional use, just like gyms, training facilities, dance studios, and martial arts studios. We look forward to this matter being heard by the City Council. Sincerely, Geoffrey M. Wardle Application Narrative Geoffrey M. Wardle (208) 388-3321 gwardle@clarkwardle.com Via Citizen Access Portal Submission March 25, 2026 City of Meridian Community Development Planning Division 33 E Broadway Ave Suite 102 Meridian, ID 83642 RE: Long Dog, LLC – 100 S Adkins CW File #: 24446.1 City of Meridian: We represent Long Dog, LLC, the owner of 100 S. Adkins Way, in Meridian, Idaho. 100 S. Adkins is a multitenant flex building that has a gross area of approximately 8,400 square feet. A. Background The property has been zoned I-L Light Industrial since its original annexation into the City of Meridian in 1997 with the development of the Medimont Subdivision. The building has been and continues to be utilized as “flex space”. It has all of the indicia of flex space. The building currently has two tenants that occupy approximately 50% of the gross space. A construction company occupies 3,150 square feet and a classic car broker occupies 750 square feet. The remainder of the building was previously occupied by the Idaho Division of Vocational Rehabilitation until it vacated the premises. In addition to the leasing of the premises to these existing tenants, the principals of Long Dog, LLC, have certain additional business interests that they own and desire to operate from the property as tenants of Long Dog, LLC, including their personal offices of Ketlinski & Ketlinski and personal vehicle warehouse storage. As the owner of the building, Long Dog’s principals derive the benefit and value of it as an investment property leasing portions to others, as well as for their own permitted purposes within “flex Date: March 25, 2026 Page: 2 space,” and further desire to operate the principals private offices from the property. That is the essence of “flex space”, as further described and discussed below. To that end, they desire to initiate a remodel of the space to reconfigure it from the manner in which Vocational Rehabilitation utilized it, to add certain additional facilities and spaces, incorporate a roll up door, and make other improvements. An initial schematic of this proposed renovation is depicted in Exhibit A attached hereto, and incorporated herein for reference. B. Application Request and Legal Standards It is our understanding from our clients’ initial communication with the City of Meridian that they have been informed that professional services cannot be performed within “flex space” in the IL District. We believe that this is an incorrect interpretation of the code, especially based on the recent actions of the City Council. To ensure that the City of Meridian has a fully developed request before it, we make this application for a Certificate of Zoning Compliance, pursuant to Section 11 -5B-1. We note that there are no modifications proposed to the property, other than the construction of the proposed roll up door, and the interior remodel. The property was originally approved for development and platted, more than thirty years ago. As to this property, except as noted above, there are no exterior modifications to the landscaping, parking lot, lighting or other exterior elements of the existing structure. As such, in reviewing the Certificate of Zoning Compliance checklist, various elements are not provided as there is no exterior change to the property, other than the installation of the roll up door. As such, It does not appear that there is a need for Trash Enclosure Approval; a Photometric Plat, Landscape Plan, Elevations, Autocad Files, or Public Utility Plan, as none of the identified work implicates or necessitates modification of the previously approved documents associated with the original construction of the building. 1. “Flex space” is the Use. We note, that there has long been confusion on the part of Meridian Staff how “flex space” is intended to function. That confusion appears rooted in the fact that there is an unwillingness in any zone to acknowledge “flex space” as an actual use. It is. “Flex space” is defined in Meridian City Code Section 11-12-1 as “the use of a building or a portion thereof for small scale warehousing and/or light industry with associated office and/or retail showroom space. Flexibility in the use of the interior spaces and low scale, attractive exterior appearance characterize flex buildings.” Thus, “flex space” is clearly defined as a distinct use that combines these other elements. 2. The Use, “Flex Space”, is Subject to Specific Use Standards Why do we note that “flex space” is the designated use? It is because Meridian City Code Section 11 -4-1 reiterates that the purpose of the “Specific Use Standards” are as follows: This chapter provides specific standards for all uses as set forth within the applicable district in accord with chapter 2, "district regulations", of this title. Moreover, the Specific Use Standards have specified applicability to the entirety of “any property where the specific use is listed” under Meridian City Code Section 11-4-2: Date: March 25, 2026 Page: 3 These regulations apply to any property where the specific use is listed as a permitted, accessory, or conditional use in the tables of allowed uses by district in accord with chapter 2, "district regulations", of this title. It shall be unlawful and a violation of this title for any person to use, construct, locate, initiate, alter, or maintain any structure, land or real property, or cause any structure, land, or real property to be used, constructed, located, initiated or maintained, in any manner which violates, omits, or fails to conform to any procedure, standard or requirement set forth in this chapter. 3. The Use Specific Standards for “Flex Space” Reaffirm it as the Use. As a specified use, the importance of “flex space” as a such, was reiterated most recently in the City of Meridian’s adoption of Ordinance No. 25-2099. As implicitly acknowledged in Ordinance No. 25-2099, once “flex place” is designated as the use, the user must also satisfy the specific use standards found in Meridian City Code Section 11-4-3-18, which we restate here for convenience: A. Office and/or retail showroom areas shall comprise a minimum of thirty (30) percent of the structure and/or tenant space in the C-C District, fifteen (15) percent in the C-G District, ten (10) percent in the M-E District, and twenty (20) percent in the I-L and I-H Districts. B. Light industry and warehousing shall not comprise more than seventy (70) percent of the tenant space in the C-C District, seventy-five (75) percent in the C-G and M-E Districts, and eighty (80) percent in the I-L and I-H Districts. C. In the C-C, C-G and M-E Districts, roll-up doors and loading docks shall not be visible from a public street. D. Retail use shall not exceed twenty-five (25) percent of leasable area in any tenant space. E. At a minimum, one (1) parking space shall be provided for every one thousand (1,000) square feet of gross floor area. If a “flex space” property complies with the specific requirements of Meridian City Code Section 11 -4-3- 18, and the ratios of the uses set forth above, then the evaluation of what uses take place within the flex space, except for compliance with building codes and life safety requirements end. Meridian has adopted ratios of use within the “flex space” use that are independent of the land uses that are otherwise permitted. This interpretation is evidenced by Meridian City Code Table 11-2B-2, the table of allowed uses within commercial districts as well as Meridian City Code Table 11-2C-2, the table of allowed uses within industrial districts. Date: March 25, 2026 Page: 4 First, the use “office” is not expressly identified in either Meridian City Code Table 11-2B-2 or Meridian City Code Table 11-2C-2. There are various uses which certainly necessitate offices therein, but in and of itself, office is not a use that is specified as prohibited, permitted, accessor or conditional. Yet, pursuant to Meridian City Code Section 11-4-3-18(A) there are specified minimums within “flex space” for “office and/or retail showroom areas”. In establishing the minimum of twenty (20) percent in the I-L District, it is clear that office use and retail use are contemplated to be much more than merely an accessory use within the I-L District as otherwise designated in Meridian City Code Table 11-2C-2. Next, although Meridian City Code Table 11-2B-2 demonstrates that “Warehouse” is prohibited within the C-C District and is authorized only as an accessory use within the C-G District. Moreover, pursuant to Meridian City Code Table 11-2B-2 the use “Industry, light” is also prohibited within the C -C District while permitted with a conditional use permit in the C -G District. Notwithstanding those prohibitions, we note that pursuant to Meridian City Code Section 11-4-3-18(B) that those two uses are actually permitted within either of the C-C District or the C-G districts up to 70% and 75% of the “tenant space” respectively when “flex space”. Thus, we see that because “flex use” is the use, other than satisfaction of the amendments to Meridian City Code Section 11-4-3-18, further evaluation of additional uses within in the structure are irrelevant. 4. Historic Custom and Practice is Inconsistent with Meridian City Code as Amended. As noted above, our client has been informed that its request to utilize a portion of 100 S. Adkins Way for the provision of professional services, in addition to the existing tenancies, is not permitted as “flex space.” In preparation of this application we have reviewed and evaluated certain prior applications that have been initiated. In April 2023, an application for tenant improvements at 50 S. Adkins, next door to this property was initiated for office and storage space for a professional surveyor. The communication among the applicant and Meridian Staff is attached as Exhibit B. Although Meridian Staff acknowledged that the space was “flex space” and did comply with the then-existing “specific use standards,” it rejected the application because it “appears to be only office space.” Staff did so, invoking the “North American Industry Classification System”. However, this appears to be a misapplication of Meridian City Code Section 11-1-5(E), regarding the interpretation of the code, which provides as follows: Allowed uses. If a proposed use of property is not specifically listed in chapter 2, "district regulations", of this title, the use shall be prohibited, except as follows: The director may determine that a proposed use not listed in chapter 2, "district regulations", o f this title, is equivalent to a principal permitted or conditional use. In making the determination, the Director shall consider the following: Date: March 25, 2026 Page: 5 1. The impacts on public services and activities associated with the proposed use are substantially similar to those of one (1) or more of the uses listed in the applicable base districts as allowed; 2. The proposed use shall not involve a higher level of activity or density than one (1) or more of the uses listed in the applicable base districts as allowed; 3. The proposed use is within the same three (3) digit category of an allowed use listed in the latest edition of the "North American Industrial Classification System (NAIC)", published by the United States Department of Commerce; 4. The proposed use is consistent with the purpose of the district in which the use is proposed to be located; and 5. The proposed use is in substantial conformance with goals and objectives of the comprehensive plan. As noted therein, analysis of the “North American Industry Classification System” is but one of five factors that the “Director shall consider.” Even after acknowledging that the proposed surveyor use was part of a “flex space” building and with the elements associated with professional surveying, Meridian Staff clearly invoked Meridian City Code Section 11-1-5(E)(3) without conducting the full, mandatory analysis. Similarly, in the same building 50 S. Adkin in 2024, a request was raised regarding the ability of a property management company to occupy space with its office and the remainder utilized for storage supporting its operations. The communication among the applicant Meridian Staff is attached as Exhibit C. Again, rather than focusing on the existence and status of the building as “flex space” and the inherent nature of the proposed use as “flex space”, Meridian staff went through an unnecessarily convoluted, even if ultimately positive determination, that yes, a property management company was permitted to operate within “flex space” deeming it to be “warehouse.” Certainly, at the time of those evaluations, Meridian Staff lacked the benefit of the 2025 amendments to Meridian City Code Section 11-4-3-18. By acknowledging that a minimum amount of office or retail activity is required in “flex space” even in zones that otherwise limit them to being accessory uses, and that warehousing activities are permitted “flex space” activities within zones that clearly prohibit it, it is clear that the City Council has determined that the analysis of “flex space” begins and ends with the building as a whole and that Meridian Staff’s ongoing retreat into the depths of the Meridian City Code to do a secondary evaluation of the use is erroneous. It does not seem plausible, especially in light of the City Council’s 2025 amendments to Meridian City Code Section 11-4-3-18, that the City of Meridian seeks to punish so many small businesses and small property owners with unreasonable and uneven enforcement of its code regarding “flex space”, especially in older properties like this one that have had several cycles of diverse tenants. The uneven nature of enforcement Date: March 25, 2026 Page: 6 of limitations on office uses within “flex space” is evident from our review of similarly zoned and developed properties throughout Meridian. C. Conclusion. Consistent with the foregoing and this application, on behalf of our clients we respectfully request the following: • Approval of a Certificate of Zoning Compliance requested above for Long Dog, LLC. • Approval of the site plan that it has proposed to facilitate its intended leases for the space. • Authorization to proceed to obtain a building permit for those improvements. If Meridian Staff is unable or unwilling to do so, then we request a final written decision on this matter as soon as practicable so that we may proceed with an appeal to the Meridian City Council. In support of this Application we provide the following additional documents: • Application for Certificate of Zoning Compliance and supporting materials • Exhibit A – Proposed site plan for a portion of 100 S. Adkins • Exhibit B – April 2023 Correspondence • Exhibit C – October 2024 Correspondence Please let me know if you have any further questions or concerns. Sincerely, Geoffrey M. Wardle cc: Client Stacy Hersch, shersh@meridiancity.org Paula Middleton, pmiddleton@meridiancity.org Exhibit A Proposed Site Plan                                                                                                                                                                                                     PR O P O S E D F L O O R P L A N PROJECT NAME RE V I S I O N S DR A W N B Y : DA T E : SH E E T N U M B E R : A1 . 1 COPYRIGHT C Arch, pllc 2025 DRAWINGS MAY NOT BE REUSED WITHOUT THE WRITTEN PERMISSION OF THE ARCHITECT A Flex Space Tenant Improvement forLong Dog LLCMeridian, ID Architecture + Planning 537 E. Forest Ridge DriveMeridian, Idaho 83642 (208) 921.0754 rch, pllc Exhibit B April 2023 Correspondence From:Julia Garofalo on behalf of Julia Garofalo <jgarofalo@meridiancity.org> To:Chris Anderson Cc:Nick Napoli; Bill Parsons; Kegan Aman Subject:RE: C-TI-2023-0046 Date:Tuesday, April 11, 2023 10:54:20 AM Attachments:image002.png Hey Chris, I understand that we approved this space as a Flex Building, under permit C-SHELL-2021-0019, but when we approved this building it showed space for 5 tenants therefore the proposed use that moves into that space must comply with the allowed uses chart. As explained previously, the North American Industry Classification System (NAICS), explains the use and how it would be classified in our code. Thank you, Julia Garofalo | Assistant Planner City of Meridian | Community Development 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208) 489-0601 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Chris Anderson <canderson@rudeenarchitects.com> Sent: Tuesday, April 11, 2023 9:53 AM To: Julia Garofalo <jgarofalo@meridiancity.org> Cc: Nick Napoli <nnapoli@meridiancity.org>; Bill Parsons <bparsons@meridiancity.org>; Kegan Aman <kaman@meridiancity.org> Subject: RE: C-TI-2023-0046 External Sender - Please use caution with links or attachments. Julia, It is listed as a ‘A’, which indicates that it is an approved use as an accessory space. This tenant occupies approximately 20% of the entire building, so it could be looked at as an accessory space to the building as a whole. According to 11-2C-2A, it defines the types of business that are promoted to be allowed in a light industrial area: Light industrial district (I-L). The purpose of the I-L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian Comprehensive Plan, the I-L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. Could we make the argument that survey engineers research information at a site and then develop solutions for the problems identified at the site. I am just trying to look at the intent of the code to see if this business can be a fit for the district. If we look at surrounding businesses that were allowed in the I-L district, within a block from 50 Adkins Way, at 149 Adkins Way there is PermaCold Engineering, listed as engineering consultants and 100 Adkins Way is Mechanical Drafting Services. Both of these are similar business types that set a precedence in the area. Please let me know the process in which the engineering consultants and drafting services went through to obtain a permit and we would like to use the same procedure. Thank you once again for your time and your help. Christopher T. Anderson Project Manager Rudeen Architects Tel: +208.338.1413 Ext. 104 Direct: +208.954.8753 Email: canderson@rudeenarchitects.com “When you abandon freedom to achieve security, you lose both and deserve neither” Thomas Jefferson From: Julia Garofalo <jgarofalo@meridiancity.org> Sent: Tuesday, April 11, 2023 9:11 AM To: Chris Anderson <canderson@rudeenarchitects.com> Cc: Nick Napoli <nnapoli@meridiancity.org>; Bill Parsons <bparsons@meridiancity.org>; Kegan Aman <kaman@meridiancity.org> Subject: RE: C-TI-2023-0046 Hello, If the use was allowed with a Conditional Use permit approval, it would be listed with a ‘C’ on the following chart. Please read through Article C. – Industrial Districts, information which I have linked below. 11-2C-2 Industrial Districts, Allowed Uses https://library.municode.com/id/meridian/codes/code_of_ordinances? nodeId=TIT11UNDECO_CH2DIRE_ARTCINDI_11-2C-2ALUS Thank you, Julia Garofalo | Assistant Planner City of Meridian | Community Development 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208) 489-0601 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Julia Garofalo Sent: Tuesday, April 11, 2023 8:46 AM To: 'canderson@rudeenarchitects.com' <canderson@rudeenarchitects.com> Cc: Nick Napoli <nnapoli@meridiancity.org>; Bill Parsons <bparsons@meridiancity.org>; Kegan Aman <kaman@meridiancity.org> Subject: RE: C-TI-2023-0046 Hello, As mentioned on our call yesterday, I needed some time to look into what surveying would be classified as. The North American Industry Classification System (NAICS) states that this use is also known as, Geophysical Surveying and Mapping Services. Which falls under the category Professional, Scientific, and Technical Services. So, unfortunately, in Meridian City code that translates to a professional service, which is only allowed as an Accessory Use in the I-L zone. We won’t be able to move forward with your C-TI pending building permit at this time. Please let us know if you have any questions or further explanation. Thank you, Julia Garofalo | Assistant Planner City of Meridian | Community Development 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208) 489-0601 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Bill Parsons <bparsons@meridiancity.org> Sent: Monday, April 10, 2023 4:21 PM To: Julia Garofalo <jgarofalo@meridiancity.org> Cc: Nick Napoli <nnapoli@meridiancity.org> Subject: RE: C-TI-2023-0046 I would go to NAICS and see how a surveyor’s office is classified. Bill Parsons, AICP | Planning Supervisor City of Meridian | Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 | Direct: 208-489-0571 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Nick Napoli <nnapoli@meridiancity.org> Sent: Monday, April 10, 2023 4:21 PM To: Julia Garofalo <jgarofalo@meridiancity.org>; Bill Parsons <bparsons@meridiancity.org> Subject: RE: C-TI-2023-0046 Hi, While this does meet the requirements for Flex Space in the specific use standards, I don’t think it actually is being used as a flex space. This appears to be only office space which is an accessory use in I-L. I think we may to tell them to find a new site. From: Julia Garofalo Sent: Monday, April 10, 2023 3:24 PM To: Bill Parsons <bparsons@meridiancity.org> Cc: Nick Napoli <nnapoli@meridiancity.org> Subject: C-TI-2023-0046 Hello, I need a second opinion. This tenant improvement came through last week in a permitted flex space building at 50 S. Adkins Way and the proposed plans appear to be a professional service with accessory storage, however, the applicant is stating that it is more of a dispatch center (11-4-3-45) for surveyors, and the office space would be more or less the secondary use because the majority of the time their staff is working in the field. With that, if I have him file a change of use application for a dispatch center would you agree that this is the primary use? They wouldn’t necessarily have fleet vehicles, but employees would use their own vehicles and pick up the surveying equipment from the property. Here is the floor plan submitted with his C-TI application: Thank you, Julia Garofalo | Assistant Planner City of Meridian | Community Development 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208) 489-0601 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Exhibit C October 2024 Correspondence From:Stacy Hersh on behalf of Stacy Hersh <shersh@meridiancity.org> To:Chris Anderson Subject:RE: 50 S Adkins Way Suite 140 Date:Monday, October 21, 2024 9:07:04 AM Attachments:image002.png Hi Chris, Prepare the plans for the building department. Thank you, Stacy Hersh | Associate Planner City of Meridian | Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208)-489-0576, Fax: (208)-887-1297 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Chris Anderson <canderson@rudeenarchitects.com> Sent: Monday, October 21, 2024 8:45 AM To: Stacy Hersh <shersh@meridiancity.org> Subject: RE: 50 S Adkins Way Suite 140 External Sender - Please use caution with links or attachments. Thank you Stacy! I appreciate your help in identifying the use. Do I need to submit anything to Planning & Zoning or just prepare the plans to go directly to the Building Department for a permit? Christopher T. Anderson Rudeen Architects Tel: +208.338.1413 Ext. 104 Direct: +208.954.8753 Email: canderson@rudeenarchitects.com “When you abandon freedom to achieve security, you lose both and deserve neither” Thomas Jefferson From: Stacy Hersh <shersh@meridiancity.org> Sent: Friday, October 18, 2024 4:47 PM To: Chris Anderson <canderson@rudeenarchitects.com> Subject: RE: 50 S Adkins Way Suite 140 Then the use would be warehouse. Stacy Hersh | Associate Planner City of Meridian | Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208)-489-0576, Fax: (208)-887-1297 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Chris Anderson <canderson@rudeenarchitects.com> Sent: Friday, October 18, 2024 3:48 PM To: Stacy Hersh <shersh@meridiancity.org> Subject: RE: 50 S Adkins Way Suite 140 External Sender - Please use caution with links or attachments. Stacy, There will be no company vehicles. Christopher T. Anderson Rudeen Architects Tel: +208.338.1413 Ext. 104 Direct: +208.954.8753 Email: canderson@rudeenarchitects.com “When you abandon freedom to achieve security, you lose both and deserve neither” Thomas Jefferson From: Stacy Hersh <shersh@meridiancity.org> Sent: Friday, October 18, 2024 3:38 PM To: Chris Anderson <canderson@rudeenarchitects.com> Subject: RE: 50 S Adkins Way Suite 140 Hi Chris, It sounds like warehousing with the dispatching of services to locations to repair/clean. Will there be company vehicles? These are permitted uses but will require a CZC Change of Use. Thanks, Stacy Hersh | Associate Planner City of Meridian | Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208)-489-0576, Fax: (208)-887-1297 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Chris Anderson <canderson@rudeenarchitects.com> Sent: Friday, October 18, 2024 3:25 PM To: Stacy Hersh <shersh@meridiancity.org> Subject: RE: 50 S Adkins Way Suite 140 External Sender - Please use caution with links or attachments. Stacy, The warehouse space will actually be storage, for cleaning supplies and construction supplies; to take care of and maintain properties that they have invested in. I would argue that it is similar to a construction yard, because they will have building material like plumbing, electrical, hardware, and finishes. They will also be similar to a mobile cleaning service, and store cleaning supplies back there. Based on the chart, I am not sure how to classify the space, so I was hoping to get your input. Please let me know if this answers your question. Christopher T. Anderson Rudeen Architects Tel: +208.338.1413 Ext. 104 Direct: +208.954.8753 Email: canderson@rudeenarchitects.com “When you abandon freedom to achieve security, you lose both and deserve neither” Thomas Jefferson From: Stacy Hersh <shersh@meridiancity.org> Sent: Friday, October 18, 2024 3:14 PM To: Chris Anderson <canderson@rudeenarchitects.com> Subject: RE: 50 S Adkins Way Suite 140 Hi Chris, What is the type of use proposed in the warehouse space? Thank you, Stacy Hersh | Associate Planner City of Meridian | Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208)-489-0576, Fax: (208)-887-1297 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Chris Anderson <canderson@rudeenarchitects.com> Sent: Friday, October 18, 2024 1:55 PM To: Stacy Hersh <shersh@meridiancity.org> Subject: 50 S Adkins Way Suite 140 External Sender - Please use caution with links or attachments. Stacy, A property management company would like to lease Suite 140 at 50 S Adkins Way and I would like to know if this will be an acceptable use in that zone, before I move forward with the Construction Documents. Attached is a PDF of the floor plan. The front office is less than 25% of the tenant space and the remaining area will be used for storage of the cleaning and construction supplies. Please feel free to contact me if you have any questions. Thank you for your time and your help! Christopher T. Anderson Rudeen Architects Tel: +208.338.1413 Ext. 104 Direct: +208.954.8753 Email: canderson@rudeenarchitects.com “When you abandon freedom to achieve security, you lose both and deserve neither” Thomas Jefferson Affidavit of Legal Interest Recorded Plat Warranty Deed