HomeMy WebLinkAboutDevon Park Sub3 MCU-07-002
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of the Request for Modification of the Existing Conditional Use Permit
(CUP-05-023) for Devon Park Subdivision No.3 to Allow Flex Space with Overhead Doors
on Lots 26, 27, 28, and 29, by Fairview Lakes, LLC.
Case No(s). MCU-07-002
For the Planning and Zoning Commission Hearing Date of: July 5 and 19, 2007 (Findings
approved on July 19, 2007)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 19,2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of July 19, 2007,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 19,
2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of July 19, 2007, 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 (LC. 967-6503).
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 August 6,
2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 9
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-07-002
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 Mayor 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.
7. That this approval is subject to the Site Plan, Building Elevations, and Conditions of
Approval all in the attached Staff Report for the hearing date of July 19, 2007,
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 ~ 11-5A and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's request to allow a flex space use with overhead doors on Lots 26-29 of
the proposed Devon Park Subdivision is hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of July 19, 2007, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months 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. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. Ifthe successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-5B-6.G.I, the Director may authorize a single extension ofthe
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-07-002
time extensions up to eighteen (18) months 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 plat
or 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, pursuant to Idaho Code S 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval 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 July 19, 2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-07-002
By action 9 the 'planning & Zoning Commission at its regular meeting held on the
day of 1.-- , 2007.
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COMMISSIONER MICHAEL ROHM
(Chair)
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COMMISSIONER DAVID MOE
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER TOM O'BRIEN
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COMMISSIONER STEVE SIDDOW A Y
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CHAIRMAN MICHAEL ROHM
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Dated: 3./ 3 ~ 0 '7
CITY OF MERIDiAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MCU-07-002
CITY OF MERlDIANPLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
STAFF REPORT
Hearing Date: July 19, 2007
(Continued from July 5,2007)
Planning & Zoning Commission
Sonya Watters, Associate City Planner
(208) 884-5533
Devon Park Flex Space
. MCU-07-002
Modification of the Existing Conditional Use Permit (CUP-05-023) for Devon
Park Subdivision No.3 to Allow Flex Space with Overhead Doors on Lots 26,
27,28, and 29, by Fairview Lakes, LLC.
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SUBJECT:
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Fairview Lakes, LLC, is requesting to modify the existing Conditional Use Permit
(CUP-05-023) to allow for flex space use on Lots 26, 27, 28, and 29, of Devon Park Subdivision No.
3. If the subject CUP Modification is approved, all other previous conditions of approval would
remain the same. The proposed flex space would consist of warehousing/storage and showroom space
with overhead doors. The subject property is zoned R-40 and was previously approved for office uses
through the planned development for this site.
A modification to CUP-05-023 is necessary because flex space is listed as a different use than
professional services (offices) in UDC Table 11-2B-2. Offices are a permitted use in all of the
commercial zones (C-N, C-C, C-G, and L-O); however, flex space is only permitted in C-C and C-G
zones. Property for offices use is typically zoned L-O (Limited Office); flex space is a UDC
prohibited use in the L-O zone (see Analysis, Section 10, of this report).
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested Conditional Use Permit Modification (MCV)
application below. Staff recommends denial of MCU-07-002 for Devon Park Flex Space, as
presented in the Staff Report for the hearing date of July 5, 2007, based on the Findings of Fact
as listed in Exhibit C. The Meridian Plannin!! and Zonin!! Commission heard this item on Julv
5. 2007. At the public hearin!!. thev directed Staff to prepare conditions of approval and
findin!!s for approval.
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number MCV-
07 -002, as presented in the staff report for the hearing date of July 19, 2007, with the following
modifications to the conditions of approval: (add any proposed modifications).
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number MCU-07-
002, as presented during the hearing on July 19,2007 (you must state specific reasons for denial and
what the applicant could do to obtain your approval in the future). I further move to direct Legal staff
to prepare an appropriate [mdings document to be considered at the next Planning and Zoning
Commission hearing on August 2, 2007.
Devon Park Sub3 MCU-07-002
Page 1
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number
MCU-07-002 to (insert continued hearing date here) for the following reason(s): (state specific
reason( s) for a continuance)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
1875 N. Lakes Place
Lots 26, 27, 28, and 29 of the proposed Devon Park Subdivision No.3
Located in the south ~ of Section 6, Township 3 North, Range 1 East.
b. Owner:
Fairview Lakes, LLC
1124 Santa Maria
Boise, ill 83712
c. Applicant
Same as Owner
d. Applicant's Representative: Doug Tamura (Owner/Applicant)
e. Present Zoning: R-40 (High Density Residential)
f. Present Comprehensive Plan Designation: Mixed Use ~ Conununity (MU-C)
g. Description of Applicant's Request The Applicant is requesting a modification to CUP-05-023
to allow for flex space, warehousing/storage and show room space on Lots 26, 27, 28, and 29 of
the proposed Devon Park Subdivision No.3. The modification would allow installation of
overhead doors only on the lots requested. All other previous conditions of approval would
remain the same.
5. PROCESS FACTS
a. The subject application will, in fact, constitute a conditional use as determined by City
Ordinance. By reason of the provisions ofIdaho Code, Title 67, Chapter 65, and UDC 11-5A-2D,
a public hearing is required before the Planning and Zoning Commission on this matter.
b. Newspaper notifications published on: June 18,2007 and July 2,2007
c. Radius notices mailed to properties within 300 feet on: June 12,2007
d. Applicant posted notice on site by: June 25,2007
6. LAND USE
a. Existing Land Use(s): Vacant
b. Description of Character of Surrounding Area: The adjacent lots to the south and east are zoned
R-40 and are in the development process. Residential homes in Fairview Terrace exist to the west
of the site.
c. Adjacent Land Use and Zoning
1. North: Assisted Living and Alzheimer's Facilities, zoned R-15
Devon Park Sub3 MCU-07-002
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CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
2. East: Vacant (approved for office uses), zoned R-40
3. South: Vacant (approved for office uses), zoned R-40
4. West: Residential homes in Fairview Terrace mobile home park, zoned R-8
d. History of Previous Actions Pertaining to this Site:
);> The subject property was annexed (AZ-02-011) in 2002 and zoned R-40. A Development
Agreement was recorded at that time (Instrument No. 102143306).
);> A Planned Development (CUP-02-014) was approved in 2002 for Fairview Lakes (aka
Devon Park) for a 192-unit apartment complex, clubhouse, and commercial/office buildings
consisting of 114,500 square feet of commercial uses and 15,000 square feet of office uses.
);> A Conditional Use Permit modification (CUP-03-014) was approved in 2003 for detailed
approval of a 96-unit apartment complex, 52,250 square feet of office space, and
conceptual approval of 122,000 square feet of commercial space adjacent to Fairview.
Office uses were approved in the R-40 zone with this application. A Development
Agreement modification was also approved (Instrument No. 103097614) at that time. (This
CUP replaced CUP-02-0l4.)
);> A Conditional Use Permit (CUP-05-023) was approved in 2005 for a public/quasi public
use (the DMV) and for detailed site plan and building elevation review and approval of the
previous conceptually approved office park, with amended setbacks as follows:
Front yard with common lot - 0'
Interior side yard - 10'
North property line contiguous to Fairview Lakes Apartments - 10'
Rear setbacks contiguous to the Settlers Village Subdivision - 15'
Setback from North Lakes Place - 20'
);> A Preliminary Plat (PP-05-018) was approved in 2005 for Devon Park Subdivision No.3
consisting of 16 commercial building lots and 1 common lot on 3.26 acres, zoned R-40 and
C-G. This PP re-platted a portion of the property platted with PP-02-034.
);> A Final Plat (FP-06-015) was approved in 2006 for Devon Park Subdivision No.3 but has
not yet been recorded.
Note: A building for John Flaherty Construction (CZC-05-091) was approved in 2005 along the
east side of the Devon Park development that contained an overhead door on the side elevation.
This approval was granted in error.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: North Lakes Ave
Location of water: North Lakes Ave
Issues or concerns: None
2. Vegetation: NA
3. Floodplain: NA
4. Canals/Ditches Irrigation: NA
5. Hazards: NA
Devon Park Sub3 MCU-07-002 Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19,2007
f. Conditional Use Information:
1. Non-residential square footage: 8,000 square feet (4 buildings)
2. Hours of Operation: 8:00 am to 6:00 pm
g. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Primary
access to the site is provided from Fairview Avenue via N. Lakes Place. No new access points are
proposed or approved with this application.
7. COMMENTS MEETING
On June 15, 2007, a joint agency and departments meeting was held with service providers in this
area. The agencies and departments present included: Meridian Fire Department, Meridian Parks
Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary
Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B
below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Mixed Use-
Community." Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category contains
five sub-categories. "Generally, the mixed-use designation will provide for a combination of
compatible land uses that are typically developed under a master or conceptual site plan. The purpose
of this designation is to identify key areas which are either infill in nature or situated in higWy visible
or transitioning areas of the city where innovative and flexible design opportunities are encouraged.
The intent of this designation is to offer the developer a greater degree of design and use flexibility."
The following standards apply to the MU-C category: 1) Up to 25 acres may be non-residential uses
and 2) Up to 200,000 square feet of non-residential building area is allowed.
Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
· Plan for a variety of commercial and retail opportunities within the Impact Area (Goal I,
Objective B, Chapter VII, page 109).
The proposed use of the property would contribute to the variety of commercial uses within
the impact area. However, staff does not believe that the proposed use appropriately
contributes to the mix of commercial uses in this area.
· Encourage compatible uses to minimize conflicts and maximize use of land (Goal IV,
Chapter VII, page 112).
Staff does not believe that the proposed flex space on the subject lots is compatible with the
abutting residential properties and will create conflicts because of the noise that is typically
associated with loading and unloading of materials that require the use of overhead doors.
Further, Staff does not believe that the proposed use is compatible with the future office uses
approved on adjacent lots for noise related reasons and appearance of the building fafade
with the overhead doors.
. Require screening and buffering of commercial and industrial properties and residential use
with transitional zoning (Goal VI, Objective A, Action 6, page 112).
Staff does not believe that an adequate buffer is provided between the existing residential
uses on the north and west property boundaries and the proposed flex space buildings. The
lots abutting the west property boundary were approved for a reduction in standard buffer
Devon Park Sub3 MCU-07-002
Page 4
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF ruLY 19,2007
width of 20 feet to 15 feet. The lots on the north boundary were approved for a reduction in
buffer width from the 20 feet to 10 feet. Because the proposed flex use is more intense than a
traditional office use, Staff feels that a more substantial buffer and transition in zoning
should be provided for the flex space use as originally intended by approving office uses
adjacent to the residential uses with commercial (C-G zoned) uses further to the south.
Staff believes that the proposed use is not consistent with the Plan's intent of providing compatible
land uses between properties. Further, Staff does not believe that the proposed use is compatible with
the uses desired for the MU-C land use category which provide for day-to-day service oriented
businesses that serve the community.
9. ZONING ORDINANCE
a. Allowed Uses in Commercial Districts: This property is currently zoned R-40, but was
previously approved for office uses. Staff believes that if this property were zoned to reflect the
land uses approved with the PD, it would have an L-O zoning district designation. This belief is
based on the close proximity of the residences to the property and the "office" uses that were
allowed with the PD approval. UDC Table 11-2B-2 lists permitted, accessory, and conditional
uses in the commercial zoning districts (C-N, C-C, C-G, and L-O). Professional Services (offices)
are permitted uses in all of the four commercial zoning districts. Flex space is a permitted use
only in the C-C and C-G districts and is subject to specific use standards (UDC 11-4-3.18) as
follows: Retail use shall not exceed 25% of leasable area in any tenant space. Flex space is
prohibited in the L-O and C-N zoning districts.
UDC ll-IA.1 defmes Personal and Professional Services as follows: "The use of a site for the
provision of individualized services generally related to personal needs. Personal service uses
include, but are not limited to beauty and health care services such as salons, hair, nail and skin
care, spa, and barbers; locksmiths; and repairs such as footwear and leather goods, and watches.
Professional service uses include, but are not limited to: architects, landscape architects and other
design services; computer designers; consultants; lawyers; media advisors; photography studios,
and title companies. The term does not include health care and social service."
UDC 1l.IA-l defines Flex Space as follows: "The use of a site for warehousing, offices, and/or
retail showroom. Flexibility in use of the interior spaces and low-scale, attractive exterior
appearance characterize flex buildings."
b. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail
and service needs of the community in accord with the Meridian Comprehensive Plan. Four
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
proximity to streets and highways.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
CUP: The Applicant is applying for a modification to CUP-05-023 to allow for flex space uses
on Lots 26, 27, 28, and 29, of Devon Park Subdivision NO.3. The flex space is proposed to
consist of warehousing/storage and showroom space with overhead doors on the front elevation.
If approved, all other previous conditions of approval for this project would remain the same.
Note: A building for John Flaherty Construction (CZC-05-091) was approved in 2005 along the
east side of the Devon Park development that contained an overhead door on the side elevation.
This approval was granted in error.
The subject properties are zoned R-40 and were previously approved for office use through a
Devon Park Sub3 MCU-07-002
Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
planned development for this site. Per UDC Table 11 ~2B-2, flex space is listed as a different use
than professional services (offices) and is only permitted in the C-C and C-G zoning districts. The
approved office use of the property is most comparable to the L-Q (Limited Office) zone, in
which flex space uses are prohibited. The L-Q zone is the City's least intense commercial zone.
The planned development for Devon Park was approved with office uses in this portion of the
development to provide a transition, or a buffer, between the residential uses to the north and
west, and the commercial uses (zoned C-G) to the south.
The UDC contains specific use standards (see above, Section 9, and UDC 11-4-3-18) for flex
space uses. Retail uses are not allowed to exceed 25% of leasable area in any tenant space. The
Applicant has submitted a floor plan (see Exhibit A.4) that shows future warehouse/showroom
area in excess of 25% of the tenant space. Showroom area is considered retail space because
items displayed are available for retail sale.
The Comprehensive Plan Future Land Use Map designates the subject lots as Mixed Use -
Community (MU-C). Sample uses in the MU-C category include the following: grocery stores,
drug stores, coffee/sandwich shops, dry cleaner/Laundromat, salons, daycare, professional
offices, medical/dental clinics, retail/gift shops, schools, parks, churches, clubhouses, public uses,
clothing stores, garden centers, hardware stores, restaurants, banks, drive-thru facilities, auto
service station, department stores, etc. All of the afore-mentioned uses serve the day-to-day needs
of the community. Staff believes that the proposed flex space use is not consistent with these
types of uses and would be more appropriate in a commercial or industrial designated area.
Staff believes the proposed use will not be compatible with the adjacent residential uses that
border these properties on the north and west boundaries because of the activities and equipment
that are associated with this type of use (noise from loading and unloading of materials via the
proposed overhead doors). Further, Staff does not believe that the proposed use is compatible in
appearance or use with the intended office use of the property or the other uses in the general
vicinity, especially with the overhead doors on the front fayade, and will adversely change the
character of the area. Per UDC II-lA-I, flex space is intended for flexibility in use of interior
space and low scale, attractive exterior appearance. Staff believes that the proposed overhead
doors would not provide an attractive exterior appearance to these buildings as intended with flex
space uses. Further, Staff believes that the proposed use will adversely change the essential
character of the area. As noted above, a building was previously approved in this development in
error that contained an overhead door. Staff does not feel that the previous approval should set a
precedence and does not believe that further approvals of this nature should be allowed.
For the above-stated reasons and per the Findings listed in Exhibit C, Staff is not in support
of the requested MCU.
Hours of Operation: The proposed hours of operation for the flex space use are from 8 am to 6
pm (the application did not specify days ofthe week).
Building Elevations: Elevations of the proposed building were submitted with this application
and are attached in Exhibit A.3 of this staff report. The elevations depict overhead doors on the
front elevation of the proposed building, which is not consistent with the approved office use of
the property or the proposed flex space use.
b. Staff Recommendation: Staff is recommending denial of MCU-07-002 for Devon Park Flex
Space, as presented in the Staff Report for the hearing date of July 5, 2007, based on the
Findings of Fact as listed in Exhibit C. The Meridian Plannin2: and Zonin2: Commission
heard this item on July 5. 2007. At the public heario2:. they directed Staff to prepare
conditions of approval and findin2:s for approval.
Devon Park Sub3 MCU.07-002
Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
11. EXHmITS
A. Drawings
1. Vicinity/Zoning Map
2. Site Plan
3. Building Elevations for Proposed Flex Space
4. Floor Plan
5. Overhead door constructed on the Flaherty Construction site
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
C. Required Findings from the Unified Development Code
Devon Park Sub3 MCU-07-002
Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
A. Drawings
1. ZoningN icinity Map
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19,2007
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CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DA IE OF JULY 19, 2007
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CITY OF MERlDlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19,2007
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Exhibit A
Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19,2007
5. Overhead door constructed on the Flaherty Construction site
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Exhibit A
Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19,2007
B. Agency Comments
1. PLANNING DEPARTMENT
1.1 The applicant shall be allowed to construct flex space buildings with overhead doors on Lots 26,
27,28, and 29, Devon Park Subdivision #3. The Applicant shall comply with all previous
conditions of approval of Fairview Lakes/Devon Park applicable to this site and the conditions of
approval of the subj ect CUP contained in this staff report.
1.2 The hours of operation for the businesses on the subject sites shall be limited to the hours
between 6 am and 10 pm.
1.3 The use of hysters, forklifts, and similar equipment shall not be allowed outside of the structures
on the subject sites.
1.4 One roll-up loading door is allowed for each building on the subject properties in compliance
with the proposed building elevations shown in Exhibit A. Said roll-up doors shall not exceed 8
feet in height and shall include windows/glazing similar to the overhead door constructed on the
Flaherty site, shown in Exhibit A5 of this report.
2. PUBLIC WORKS DEPARTMENT
2.1 No manholes or water valves shall be allowed in the landscape islands.
2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11 w3A-6). The Applicant should be required to use any existing surface
water for the primary source. If a surface source is not available, a single-point connection to the
culinary water system shall be required. If a single-point connection is utilized, the developer will
be responsible for the payment of assessments for the common areas prior to signature on the
fmal plat by the City Engineer.
2.3 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat.
2.4 Floodplain: Any work or improvement within the floodway or floodplain on this property shall
file a floodplain development application with the City of Meridian Public Works Department
prior to commencement of the work.
2.5 The applicant shall install all mains necessary to provide service; applicant shall coordinate main
size and routing with the Public Works Department, and execute standard forms of easements for
any mains that are required to provide service. 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.
3. FIRE DEPARTMENT
3.1 Acceptance of the water supply for flIe protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
Exhibit B Page 1
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19,2007
g. Fire hydrants shall be provided to meet the requirements ofthe lFe Section 509.5.
3.3 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
3.4 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the futernational Fire Code (roll-up doors are not exit doors).
3.5 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fIre apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fIre hydrants
and mains shall be provided where required by the code offIcial. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed
in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600
feet (183 m).
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. PARKS DEPARTMENT
5.1 The Parks Department has no concerns with the site design as submitted with the application.
6. SANITARY SERVICES COMPANY
6.1 SSC has no comments related to this application.
Exhibit B Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19,2007
C. Required Conditional Use Pennit Findings from the Unified Development Code
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 site is large enough to accommodate the proposed use. The site was previously approved for
a reduced buffer between land uses along the western property boundary to 15 feet from the
required 20 feet for L-O zoned properties adjacent to residentially zoned properties (L-O being
the most comparable zone for the approved use). Staff is unable to detennine if the buildings
proposed for the subject lots comply with all building setbacks as the Applicant did not submit a
scaleable site plan. The applicant will be required to comply with all dimensional standards of the
UDC (except for the amended setbacks previously approved with CUP-05-023) prior to issuance
of Certificate of Zoning Compliance for each building on the site.
Staff recommends the Commission rely on Staff s analysis and any oral or written public
testimony provided when determining if this site is large enough to accommodate the proposed
use.
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 that the Comprehensive Plan Future Land Use Map designation for this
property is Mixed Use - Community (MU-C). The property is currently zoned R-40 but was
approved for office use through CUP-03-014. The Commission finds that the proposed flex space
use is consistent with the office uses that were approved on this site as part of the PD (see
Sections 8, 9, and 10 above for more information regarding the requirements for this use).
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 that the proposed flex space use would be a compatible use on the subject
properties, which are adjacent to residential properties to the west and north. Per UDC 11-IA-l,
flex space uses are intended for flexibility in use of interior spaces and low scale, attractive
exterior appearance. The Commission finds that the proposed overhead doors would provide an
attractive exterior appearance to these buildings. Further, the Commission fmds that the proposed
warehouse/storage and show room space with overhead doors is compatible with other uses in the
general neighborhood and with the intended character of the general vicinity. The Commission
fmds that the proposed use will not adversely change the essential character ofthe area.
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 that the proposed use of the subject properties for flex space with
overhead doors will not adversely affect other property in the area.
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 that the site will be adequately served by the previously mentioned public
facilities and services.
Exhibit C
Page 1
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19,2007
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.
If approved, the Applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and that the
proposed use will not be detrimental to the community's economic welfare.
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 fmds that the proposed use will not involve activities, equipment, and
conditions of operation that will be unfavorable to adjacent residences. The Commission should
rely upon any public testimony provided to determine if the proposed use will create excessive
production of traffic, noise, smoke, fumes, glare, or odors.
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 fmds that there should not be any health, safety or environmental problems
associated with the proposed use. The Commission finds that the proposed use will not result in
the destruction, loss or damage of any natural, scenic, or historic feature of maj or importance.
Exhibit C
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