PZ - Staff Report1
Charlene Way
From:Bill Parsons
Sent:Tuesday, December 19, 2017 10:42 AM
To:Bill Nary; Ted Baird; Charlene Way; Barbara Shiffer; C.Jay Coles; Andrea Pogue; Shawn L
Nickel
Subject:Track Utilities Expansion CUP Staff Report for 12/21/2017 P/Z MTG
Attachments:Track Utilities Expansion - CUP.pdf
Attached is the staff report for the proposed Track Utilities Expansion CUP application (H-2017-0141). This
item is scheduled to be on the Commission agenda on 12/21/2017. The public hearing will be held at City
Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions.
Shawn - Please submit any written response you may have to the staff report to the City Clerk’s office
(cway@meridiancity.org and cjcoles@meridiancity.org )
and myself (e-mail or fax) as soon as possible.
Thank You,
Bill Parsons, AICP | Planning Supervisor
City of Meridian | Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533 | Fax: 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.
STAFF REPORT
Hearing Date: December 21, 2017
TO: Planning and Zoning Commission
FROM: Bill Parsons, Planning Supervisor
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Track Utilities Expansion – CUP H-2017-0141
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Lance Rackham, has applied for a conditional use permit (CUP) to expand an existing
equipment sales, rental and services use to allow for additional outdoor storage on the abutting
property located at 305 W. Franklin Road. See Section IX Analysis 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.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-
0141 as presented in the staff report for the hearing date of December 21, 2017, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny H-2017-0141 as presented
during the hearing on December 21, 2017, for the following reasons: (You should state specific
reasons for denial.)
Continuance
I move to continue File Number H-2017-0141 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
305 W. Franklin Road, in the NE ¼ of Section 13, Township 3N., Range 1W. (Parcel:
S1213110466)
B. Applicant:
Lance Rackham
P.O. Box 208
Meridian, ID 83680
C. Owner:
Lawrence and J’Deanne Rackham
2328 E. Sicily Street
Track Utilities Expansion – H-2017-0141 1
Meridian, ID 83642
D. Representative:
Shawn Nickel, SLN Planning
1589 N. Estancia Place
Eagle, ID 83616
E. 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 and alternative compliance. A public
hearing is required before the Planning and Zoning Commission and the Director is the decision
maker on the alternative compliance request, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: December 1, 2017
C. Radius notices mailed to properties within 300 feet on: November 27, 2017
D. Applicant posted notice on site by: December 8, 2017
VI. LAND USE
A. Existing Land Use(s) and Zoning: The property is an under developed commercial property with
a dilapidated single family residence, zoned C-G.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is primarily
surrounded by developed and partially developed commercial properties, zoned C-G.
C. History of Previous Actions: The property is annexed into the City.
D. Utilities:
1. Public Works:
a. Location of sewer: NA
b. Location of water: NA
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: None
2. Hazards: Both Police and Fire have requested that the existing residence be removed from the
property due to the condition of the home.
3. Flood Plain: NA
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated “Commercial” on the Comprehensive Plan Future Land Use Map. Per the
Comprehensive Plan, commercial designated areas 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 locations.
These zones may include neighborhood commercial uses focusing on specialized service for
residential areas adjacent to that zone.
Track Utilities Expansion – H-2017-0141 2
The expansion of the storage yard isn’t desired however, additional outdoor storage is needed to meet
the current demands of the existing business occurring on parcel #S1213110356. In discussions with
the applicant, they have indicated that this isn’t the long term use of property and envisions that it will
redevelopment in the future with uses that align more closely with the Comprehensive Plan. In the
interim, staff is supportive of the additional storage yard and reduced buffer until such time as the
property redevelops with a different uses other than outdoor storage.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the existing and expansion of the use (staff analysis in italics):
• “Require all commercial and industrial businesses to install and maintain landscaping.”
(2.01.03B)
Currently, there is existing landscaping along a portion of Franklin Road where the existing
single family home sits. The applicant is proposing to leave this landscaping in place and
fence off the single family residence from the storage yard. Alternative compliance is being
requested for the remaining portion of the site to reduce the buffer width from 25 feet to 10
feet in accord with UDC 11-5B-5.
Further, the property abuts a recreational vehicle park on the south boundary. Although this
property is zoned C-G, the property operates with extended stay sites and the director has
determined this to be a residential use in nature. As such, staff recommends that the applicant
construct a 25-foot wide landscape buffer along this boundary in accord with UDC 11-3B-
9C.
• “Reduce the number of existing access points onto arterial streets by using methods such as
cross access agreements, access management and frontage and backage roads.”
On the submitted site plan the applicant is proposing another access to Franklin Road. Both
ACHD and City staff recommend that this access be used solely for the purpose of emergency
access. The primary access to the site will be provided from the adjacent property. Further,
Police and Fire have required that the existing residence be removed for the property. If
removed this access to the home should be vacated as well. Other than the emergency access
point, City staff and ACHD will need to reevaluate the access to this property once the
storage yard ceases on the property and it is further developed in the future.
• “Minimize noise, odor, air pollution and visual pollution in industrial and commercial
development adjacent to residential areas.”
The applicant is proposing to double the amount of outdoor storage with the inclusion of this
site. To ensure that residents in the RV Park are buffered from the noise and air pollution, the
applicant is proposing a dustless surface for the storage yard and staff is recommending that
the applicant construct a 25-foot wide landscape buffer with a minimum of a 6-foot tall site
obscuring fence around the perimeter in accord with UDC 11-3B-9C and UDC 11-3A-14.
For the above-stated reason, staff is of the opinion that the expansion of storage yard is generally
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 (6)
districts are designated which differ in the size and scale of commercial structures accommodated
in the district, the scale and mix of allowed commercial uses, and the location of the district in
proximity to streets and highways.
Track Utilities Expansion – H-2017-0141 3
B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory,
conditional, and prohibited uses in the C-G zoning district.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G
zoning district apply to development of this site.
D. Landscaping:
1. Street buffer landscaping: Street buffer landscaping is required in accordance with the
standards listed in UDC Table 11-2B-3 for the C-G zoning district and UDC 11-3B-7C.
The applicant has applied for alternative compliance to reduce the landscape buffer
width from 25 feet to 10 feet (see analysis below).
2. Landscape buffers to adjoining uses: A buffer to the residential uses at the south property
boundary is required in the C-G zoning district per UDC Table 11-2B-3 and should be
installed in accord with the standards listed in UDC 11-3B-9C.
E. Outdoor Storage: Outdoor storage on the site is required to comply with the standards set forth in
UDC 11-3A-14.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Conditional Use Permit: The applicant requests a conditional use permit to expand the existing
equipment sales, rental and services uses, specifically the outdoor storage. Note: Track Utilities is
operating on the adjacent property located at 225 W. Franklin Road.
The applicant has submitted a combined site/landscape plan depicting the proposed changes to
the property. Staff recommends the following changes to the plan to ensure the site is
compatible with adjacent land uses:
1. The proposed access to W. Franklin Road should be for emergency access only per ACHD
conditions of approval. Further, a cross access agreement should be recorded so that both
properties (225 and 305 W. Franklin Road) share an access to W. Franklin Road. A copy of the
recorded cross access agreement should be submitted with the certificate of zoning compliance.
Future access points to this property will be evaluated once the storage yard ceases and the
property owner applies for a change of use with the Planning Division.
2. The existing residence on the property should be removed. Both Police and Fire support staff’s
recommendation for removal because of the current state of the residence. The applicant has
informed staff that the home is used for storage.
3. Due to the operational characteristics of the RV Park (extended stay sites), the Director has
determined this use to be residential in nature. Therefore, staff recommends that the applicant
construct at a minimum, a 25-foot wide landscape buffer with trees and install a 6-foot tall site
obscuring fence along the perimeter of the property in accord with UDC 11-3B-9C and 11-3A-14.
Details of the fence should be submitted with the certificate of zoning compliance.
4. The outdoor storage on the property is allowed to operate for a maximum of five (5) years, At
the end of the five (5) year period, the use should cease.
5. The proposed storage yard shall be constructed of dustless material as proposed and in accord
with the standards set forth in UDC 11-3C-5B.
6. The applicant should construct at a minimum a 10-foot wide landscape buffer along W.
Franklin Road in accord with UDC 11-3B-7C (see alternative compliance section for analysis).
Alternative Compliance: The applicant has submitted a concurrent alternative compliance
Track Utilities Expansion – H-2017-0141 4
application to reduce the buffer width adjacent to W. Franklin Road from the required 25 feet to
10 feet. The applicant states the reduced buffer is desired due to the temporary nature of the
proposed use, along with the unknown future location of access drives and other design
considerations, extensive landscaping would probably be destroyed or redesigned during
redevelopment of the property. Staff is amenable to request based on the interim use of the
property. The additional 15 feet of landscaping (25 feet in total) should be required if/when the
property redevelops in the future.
Certificate of Zoning Compliance (CZC): The applicant is required to submit a CZC
application for approval of the proposed expansion/site improvements noted above from the
Planning Division prior to submittal of a building permit 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 (dated: 10/24/2017)
B. Conditions of Approval
1. Planning Division
2. Public Works
3. Fire Department
4. Police Department
5. Republic Services
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
Track Utilities Expansion – H-2017-0141 5
Exhibit A.1: Vicinity Map
Track Utilities Expansion – H-2017-0141 6
Exhibit A.2: Site/Landscape Plan (dated: 10/24/2017)
Track Utilities Expansion – H-2017-0141 7
B. Conditions of Approval
1. PLANNING DIVISION
1.1 The site/landscape plan included in Exhibit A, dated 10/24/2017, shall be revised as follows:
a. The proposed access to W. Franklin Road shall be used as an emergency access only as
proposed. Further, a cross access agreement shall be recorded so that both properties (225
and 305 W. Franklin Road) share an access to W. Franklin Road. A copy of the recorded
cross access agreement shall be submitted with the certificate of zoning compliance. Future
access points to this property will be evaluated once the storage yard ceases and the
property owner applies for a change of use with the Planning Division.
b. The existing home on the property shall be removed. Both the Police and Fire
Departments support staff’s recommendation for removal because of the current state of
the residence.
c. The applicant shall construct at a minimum, a 25-foot wide landscape buffer with trees
and install a 6-foot tall site obscuring fence along the perimeter of the property in accord
with UDC 11-3B-9c and 11-3A-14. Details of the fence shall be submitted with the certificate
of zoning compliance.
d. The outdoor storage on the property is allowed to operate for a maximum of five (5)
years. At the end of the five (5) year period, the use shall cease.
e. The proposed storage yard shall be constructed of dustless material as proposed and in
accord with the standards set forth in UDC 11-3C-5B.
f. The applicant shall construct at a minimum a 10-foot wide landscape buffer along W.
Franklin Road in accord with UDC 11-3B-7C and as approved with the alternative
compliance request by the Director. Compliance with the 25-foot wide landscape buffer will
be evaluated once the storage yard ceases and the property owner applies for a change of
use with the Planning Division.
1.2 The conditional use permit shall be valid for a maximum period of 2 years unless otherwise
approved by the City. During this time, the applicant shall commence the use as permitted in
accord with the conditions of approval, satisfy the requirements set forth in the conditions of
approval. Upon written request and filing by the applicant prior to the termination of the period, a
time extension may be requested as set forth in UDC 11-5B-6.
1.3 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use
(CUP-06-019) does not relieve the applicant of responsibility for compliance.
1.4 The applicant shall submit a CZC application for approval of the proposed expansion and site
improvements noted above from the Planning Division prior to submittal of a building permit
application.
1.5 Comply with ACHD conditions of approval.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works Department has no comments related to the subject application.
3. FIRE DEPARTMENT
3.1 The existing structure shall be removed from the property.
Track Utilities Expansion – H-2017-0141 8
4. POLICE DEPARTMENT
4.1 The existing structure shall be removed from the property.
5. REPUBLIC SERVICES
5.1 Republic Services had no comments on this application.
6. PARKS DEPARTMENT
6.1 The Parks Department had no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Access the site using the existing driveway located on the Track Utility business at the property to
the east of this site as the main entrance.
7.1.2 If necessary, the driveway located at the west property line may be utilized as an emergency
access only with a gate or bollards, located outside the public right-of-way and as determined by
the Meridian Fire Department.
7.1.3 A traffic impact fee may be assessed by ACHD and will be due prior to issuance of a building
permit. Please contact the ACHD Planner (see below) for information regarding impact fees.
7.1.4 Plans shall be submitted to the ACHD Development Services Department for plans acceptance,
and impact fee assessment (if an assessment is applicable).
7.1.5 Comply with the Standards Conditions of Approval as noted below.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Track Utilities Expansion – H-2017-0141 9
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant’s authorized representative and an authorized
representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
Track Utilities Expansion – H-2017-0141 10
C. Required Findings from Unified Development Code
1. Conditional Use Permit (UDC 11-5B-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.
Staff finds that the subject property is large enough to accommodate the expansion;
recommended site improvements; dimensional and development regulations of the C-G
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.
Staff finds that the proposed use is generally consistent with the Comprehensive Plan future
land use map designation of Commercial and the UDC, if the applicant complies with the
conditions in Exhibit B.
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.
Staff finds that if the applicant complies with the conditions outlined in this report, the
continued operation of the 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.
Staff finds that if the applicant complies with the conditions outlined in this report, the
proposed expansion will not adversely affect other property in the area. The Commission
should weigh any public testimony provided to determine if the development will adversely
affect the other property in the vicinity.
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.
Staff finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently
provided to the subject property. Please refer to any comments prepared by the Meridian Fire
Department, Police Department, Parks Department, Republic Services and ACHD in Exhibit
B. Based on comments from other agencies and departments, Staff finds that the proposed
use will be served adequately by all of the public facilities and services listed above.
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.
Staff 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.
Track Utilities Expansion – H-2017-0141 11
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.
Staff finds that if the applicant complies with the conditions outlined in this report, the
proposed expansion should not be detrimental to the general welfare of the public. Staff does
not anticipate the existing non-conforming use will create excessive noise, smoke, fumes,
glare, or odors.
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.
Staff finds that there should not be any health, safety or environmental problems associated
with the proposed expansion that should be brought to the Commission’s attention. Staff
finds that the proposed use will not result in the destruction, loss or damage of any natural,
scenic or historic feature of major importance.
i. That the proposed nonconforming use does not encourage or set a precedent for
additional nonconforming uses within the area; and
NA
j. That the proposed nonconforming use is developed to a similar or greater level of
conformity with the development standards as set forth in this title as compared to the
level of development of the surrounding properties.
NA
2. ALTERNATIVE COMPLIANCE:
In order to grant approval for alternative compliance, the director shall determine the
following findings:
a. Strict adherence or application of the requirements is not feasible; OR
The Director finds that strict adherence to the landscape standards is not desirable due to
interim use of the additional storage yard. A condition of approval allows storage yard to
operate within a five (5) year time period.
b. The alternative compliance provides an equal or superior means for meeting the
requirements; and
The Director finds the alternative compliance provides an equal means for meeting the City’s
landscape standards; the reduced buffer will still have the required number of trees.
Compliance with the 25-foot wide landscape buffer will be evaluated once the storage yard
ceases and the property owner applies for a change of use with the Planning Division.
c. The alternative means will not be materially detrimental to the public welfare or impair
the intended uses and character of the surrounding properties.
The Director finds that the proposed alternative will not be detrimental to the public welfare
or impair the use/character of the surrounding properties.
Track Utilities Expansion – H-2017-0141 11