Generations Investments CUP-14-013CITY OF MERIDIAN E IDIAN�--
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND I D A H Q
DECISION & ORDER
In the Matter of the Request for a Conditional Use Permit for the Development of the Site as
Required by the Development Agreement for Troutner Business Park, Located at 317 S. W. Fifth
Avenue in the L-O Zoning District, by Generations Investments, LLC.
Case No(s). CUP-14-013
For the Planning & Zoning Commission Hearing Date of. September 18, 2014 (Findings on October
2, 2014)
A. Findings of Fact
l . Hearing Facts (see attached Staff Report for the hearing date of September 18, 2014, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 18, 2014, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 18,
2014, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 18, 2014, 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-14-013
Page 1
upon the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of September 18, 2014, 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:
The applicant's request for a conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of September 18, 2014, 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 11-513-6F.1.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval, and
acquire building permits and commence construction of permanent footings or structures on or
in the ground. For conditional use permits that also require platting, the final plat must be
signed by the City Engineer within this two (2) year period in accord with UDC 11-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.F.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the Commission may be granted. With all extensions, the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional
use permit entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff report for the hearing date of September 18, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-14-013
Page 2
BMJW
Planning & Zoning Commission at its regular meeting held on the
, 2014.
COMMISSIONER JOE MARSHALL, CHAIRMAN
COMMISSIONER STEVEN YEARSLEY, VICE CHAIRMAN
COMMISSIONER SCOTT FREEMAN
COMMISSIONER PATRICK OLIVER
COMMISSIONER RHONDA MCCARVEL
day of
VOTED
VOTED
VOTED -
VOTED
VOTED A b serd-
Copy served upon the Applicant, the Planning and Development Services divisions of the Community
Development Department, the Public Works Department and the City Attorney.
Dated: LA
By: -
City r ffice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-14-013
. Page 3
EXHIBIT A
STAFF REPORT
Hearing Date: September 18, 2014
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: CUP-14-013 — Generations Investments
C �E IDIAN�---
IDAHO
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Generations Investments, LLC, has applied for a conditional use permit (CUP) for the
development of the site with a 10,290 square foot multi -tenant office building, as required by the
existing development agreement. See Section IXAnalysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the
Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report.
The Meridian Planning and Zoning Commission heard this item on [date]. At the public
hearing, the Commission moved to approve the subject [appl request.
a. Summary of Commission Public Hearing:
i. In favor: Dale Binning; Jeff Hon
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Dale Binning
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. None
c. Key Commission Changes to Staff Recommendation:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-14-
013 as presented in the staff report for the hearing date of September 18, 2014, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-14-013
as presented during the hearing on September 18, 2014, for the following reasons: (You should state
specific reasons for denial and what the applicant could do to gain your approval with another
application.)
Continuance
I move to continue File Number CUP-14-013 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
Generations Investments CUP-14-013 PAGE 1
EXHIBIT A
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property generally located at 317 S.W. Fifth Avenue, in the NE'/4 of Section 13,
Township 3 North, Range 1 West. (Parcel No. R8533750800)
B. Owner(s):
Generations Investments, LLC
365 S.W. Fifth Avenue
Meridian, ID 83642
C. Applicant:
Same as owner
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit. A public hearing is required before the
Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: September 1, and 15, 2014
C. Radius notices mailed to properties within 300 feet on: August 28, 2014
D. Applicant posted notice on site by: September 5, 2014
VI. LAND USE
A. Existing Land Use(s) and Zoning: The site is currently undeveloped and zoned L-O.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Office, zoned L-O
East: Commercial property, zoned C-G
South: Turn -key medical building, zoned L-O
West: Residential properties, zoned R-8
C. History of Previous Actions: This property was annexed in 1997 with a development agreement
(Instrument No. 97044077) and platted as Lot 8, Block 1, Troutner Park Subdivision.
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer service for this particular lot were installed in SW 5th
Way at the time of development of Troutner Park Subdivision.
b. Location of water: Domestic water service for this particular lot were installed in SW 5th
Way at the time of development of Troutner Park Subdivision.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There are no open canals or ditches on this site.
Generations Investments CUP-14-013 PAGE 2
EXHIBIT A
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This site is not within a flood plain.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated on the Comprehensive Plan Future Land Use Map (FLUM) as
Commercial. This designation will provide a full range of commercial and retail to serve area
residents and visitors. Uses may include retail, wholesale, service and office uses, multi -family
residential, as well as appropriate public uses such as government offices. Within this land use
category, specific zones may be created to focus commercial activities unique to their location. These
zones may include neighborhood commercial uses focusing on specialized service for residential
areas adjacent to that zone.
The proposed use of the site is a multi -tenant office building which is consistent with the Commercial
FLUM designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• "Identify transitional areas to buffer commercial and residential uses, to allow uses such as
offices and other low intensity uses." (3.05.03A)
The future office uses on this site will serve as a transition between more intense commercial
uses to the east and residential uses to the west.
• "Require all commercial and industrial businesses to install and maintain landscaping."
(2.01.03B)
Street buffer and parking lot landscaping is proposed on the site/landscape plan in Exhibit
A.2 in accord with UDC standards.
• "Locate industrial and commercial uses where adequate water supply and water pressure are
available for fire protection." (3.04.02A)
There is adequate water supply and pressure available to the site for fire protection.
For the above -stated reasons, staff feels the proposed use is consistent with the applicable
comprehensive plan policies and is appropriate in this location.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail
and service needs of the community in accordance with the Meridian comprehensive plan. Six
districts are designated which differ in the size and scale of commercial structures accommodated
in the district, the scale and mix of allowed commercial uses, and the location of the district in
proximity to streets and highways. Allowed uses in the L-O district include office centers with
limited hours of operation.
B. Schedule of Use: Unified Development Code (UDC) 11-213-2 lists the permitted, accessory,
conditional, and prohibited uses in the L-O zoning district. The proposed office use is listed as a
principal permitted use in the L-O district.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the L-O
zoning district apply to development of this site.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Generations Investments CUP-14-013 PAGE 3
EXHIBIT A
The applicant requests conditional use permit approval to develop the site with a 10,290 square
foot office building with four (4) leasable tenant spaces. Troutner Business Park, which includes
this site, was developed as a commercial planned development and is subject to a development
agreement that requires conditional use permit approval of all applications to develop lots within
the subdivision.
Site Plan: A site plan is included in Exhibit A.2 that shows how the site is proposed to develop.
Access: Access to the site is proposed from S.W. Fifth Avenue, a collector street, via one
ingress/egress and one egress only for delivery trucks exiting the site. Staff recommends the
egress driveway is signed "exit only."
Because S.W. 51h Avenue was previously designated as a local street, most businesses in this area
have direct access to S.W. 5th Avenue and cross -access isn't provided to adjacent properties. The
properties to the north and south of this site are already developed and cross -access driveways
were not provided to this site. Therefore, Staff is not recommending a cross-access/ingress-egress
easement is provided.
Parking: Vehicle parking is required with development of the site. Based on the square footage
(s.£) of the building (10,290 s.f.), a minimum of 21 parking spaces are required to be provided
per UDC 11-3C-6B, in accord with the standards listed in UDC 11-3C-5. The site plan depicts a
total of 32 spaces in accord with the aforementioned requirements. Per UDC 11-3C-5B.4, when a
bumper overhangs onto a landscape area, the parking stall dimensions may be reduced 2 feet in
length if 2 feet is added to the width of the landscaped area. Therefore, the perimeter landscape
buffer along the south boundary should be increased 2 feet in width in accord with this standard;
or, wheel stops may be provided.
Additionally, based on the number of vehicle parking spaces provided (32), a bicycle rack
capable of holding a minimum of 2 bicycles is required per UDC 11-3C-6G in accord with the
standards listed in UDC 11-3C-5C. A bicycle rack is depicted on the site plan. A detail of the
bicycle rack should be included on the site plan submitted with the Certificate of Zoning
Compliance (CZC) application to ensure compliance with the standards listed in UDC 11-3C-5C.
Landscaping: Landscaping is required to be provided with development of the site in accord
with the standards listed in UDC 11-3B.
A 20-foot wide street buffer is required along S.W. Fifth Avenue, a collector street, per UDC
Table 11-2B-3 in accord with the standards listed in UDC 11-3B-7C as shown on the
site/landscape plan.
Parking lot landscaping is required in accord with the standards listed in 11-3B-8C. As mentioned
above, the perimeter buffer along the southern property boundary should be widened to 7 feet to
allow for vehicle overhang unless wheel stops are provided within the spaces. Planter islands are
required to contain at least 1 tree and should be covered with low shrubs, lawn, or other
vegetative ground cover for a 70% coverage at maturity; the islands shown on the plan should be
revised accordingly.
A buffer to adjoining uses was installed along the west property boundary adjacent to residential
uses as part of the Troutner Business Park Subdivision.
Trash Enclosure: A 5-foot tall chainlink trash enclosure is depicted at the northwest corner of
the site. The UDC (11-3A-12) requires such service functions to be incorporated into the overall
design of buildings and landscaping so that the visual and acoustic impacts of these functions are
fully contained and out of view from adjacent properties and public streets. The UDC (11-3B-
5M) does not allow chainlink fencing, with or without slats, to qualify as a screening material.
Therefore, staff recommends a revised detail of the trash enclosure is submitted with the CZC
Generations Investments CUP-14-013 PAGE 4
EXHIBIT A
application that complies with these standards.
Hours of Operation: The application states the proposed hours of operation are 8 am to 5 pm
weekdays. The L-O zoning district restricts hours of operation from 6 am to 10 pm.
Building Elevations: Building elevations have been submitted for the future structure as shown
in Exhibit A.3. Building materials consist of broken face concrete block in two colors with color
matched awnings over the entries and windows and color matched metal roofing. Design of the
structure appears to comply with the design standards listed in UDC 11-3A-19 and the design
guidelines listed in the Meridian Design Manual.
Certificate of Zoning Compliance (CZC): The applicant is required to obtain approval of a
CZC application for the proposed use from the Planning Division prior to issuance of building
permits.
Design Review: The applicant is required to obtain approval of a Design Review application for
the proposed site design and structure from the Planning Division prior to issuance of building
permits for this site. This application may be submitted concurrently with the CZC application.
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Site/Landscape Plan
3. Building Elevations
B. Conditions of Approval
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
Generations Investments CUP-14-013 PAGE 5
EXHIBIT A
Exhibit A.l: Vicinity Map
Generations Investments CUP-14-013 PAGE 6
EXHIBIT A
Exhibit A.2: Site/Landscape Plan (Revised 9/19/14)
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Generations Investments CUP-14-013 PAGE 7
EXHIBIT A
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EXHIBIT A
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant shall comply with all previous conditions of approval associated with this site
including the provisions in the development agreement recorded as Instrument No. 97044077.
1.2 The site/landscape plan submitted with the Certificate of Zoning Compliance shall be revised as
follows:
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b. Include a detail of the bicycle rack that complies with the standards listed in UDC 11-3C-5C.
c. Planter islands are required to contain at least 1 tree and should be covered with low shrubs,
lawn, or other vegetative ground cover for a 70% coverage at maturity; the islands shown on
the plan should be revised in accord with the standards listed in UDC 11-3B-8C.
d. Include a detail of the trash enclosure that complies with the standards listed in UDC 11-3A-
12B. Chainlink fencing with or without slats does not qualms as a screening material, per
UDC11-3B-SM.
e. The egress driveway to S WFifth Avenue shall be signed "exrc+i-enly."
1.3 Business hours of operation in the L-O zoning district are restricted to those hours between 6 am
and 10 pm, per UDC 11-2B-3A.4.
1.4 The applicant is required to obtain approval of a Certificate of Zoning Compliance and Design
Review application from the Planning Division prior to submittal of a building permit application.
The site and building design shall comply with the site plan and elevations shown in Exhibit A,
the design standards listed in UDC 11-3A-19, and the guidelines in the Meridian Design Manual.
1.5 The Applicant shall have a maximum of two (2) years to commence the use as permitted in
accord with the conditions of approval listed above. If the use has not begun within two (2) years
of approval, a new conditional use permit must be obtained prior to operation or a time extension
must be requested in accord with UDC 11-513-617.
1.6 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with this application.
3. FIRE DEPARTMENT
3.1 The Fire Department has no comments on this application.
4. POLICE DEPARTMENT
4.1 The Police Department did not submit comments on this application.
5. REPUBLIC SERVICES
5.1 Republic Services did not submit comments on this application.
Generations Investments CUP-14-013 PAGE 9
EXHIBIT A
6. ADA COUNTY HIGHWAY DISTRICT
6.1 ACHD did not submit comments on this application.
7. PARKS DEPARTMENT
7.1 The Parks Department did not submit comments on this application.
Generations Investments CUP-14-013 PAGE 10
EXHIBIT A
C. Required Findings from Unified Development Code
1. Conditional Use Permit (UDC 11-513-6E)
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The Commission finds that the subject property is large enough to accommodate the proposed
use and the dimensional & development regulations of the L-O zoning district (see Analysis
Section IX for more information).
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The Commission finds that the proposed use is consistent and harmonious with the UDC and
Comprehensive Plan Future Land Use Map designation of Commercial for this site.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The Commission finds that if the applicant complies with the conditions outlined in this
report, the proposed use should be compatible with other uses in the general neighborhood
and with the existing and intended character of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The Commission finds that if the applicant complies with the conditions outlined in this
report, the proposed use will not adversely affect other property in the area.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
The Commission finds the proposed use will be served by all essential public facilities and
services.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
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.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Commission finds the proposed use will not be detrimental to any persons, property or
the general welfare of the area.
Generations Investments CUP-14-013 PAGE 11
EXHIBIT A
h. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use. Further, the Commission finds that the proposed use will
not result in the destruction, loss or damage of any natural, scenic or historic feature of major
importance.
Generations Investments CUP-14-013 PAGE 8