EEG Office Building H-2018-0081 CUPCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). [H-2018-0081]
Page 1
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for a conditional use permit for an office building and an accessory
storage building in an L-O zoning district for EEG Office Building, Located at 551 SW 5th Avenue
in the L-O Zoning District, by Chad Slichter.
Case No(s). H-2018-0081
For the Planning & Zoning Commission Hearing Date of: October 4, 2018 (Findings on October 18,
2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 4, 2018, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of October 4, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 4, 2018,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 4, 2018, 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
Meridian City Council Meeting Agenda October 18, 2018 – Page 77 of 194
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). [H-2018-0081]
Page 2
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 October 4, 2018, 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 for conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of October 4, 2018, 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 11-5B-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 11-5B-6.F.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the Commission may be granted. With all extensions, the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. 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 October 4, 2018
Meridian City Council Meeting Agenda October 18, 2018 – Page 78 of 194
BBaction of the Planning & Zoning Commission at its regular meeting held on the day of
0{, 2018.
COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED
COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN VOTED \
COMMISSIONER STEVEN YEARSLEY VOTED—A-;ZE
COMMISSIONER GREGORY WILSON VOTED I�
COMMISSIONER LISA HOLLAND VOTED
COMMISSIONER WILLIAM CASSINELLI VOTED
COMMISSIONER JESSICA PERREAULT VOTED
1.0 E4i I W2. wt !�4191
Attest:
ay Cole ity Clerk
Copy served upon the Applicant, the Planning and Development Services divisions of the Community
Development Department, the Public Works Department and the City Attorney.
By: "Am W Dated: 1,0-1 19
City Clerk's Office kA
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). [H-2018-0081]
/:—: F/1 Page 3
Exhibit A
EEG Office Building – CUP H-2018-0081 PAGE 1
STAFF REPORT
Hearing Date: October 4, 2018
(Continued from Sept. 6 and 20, 2018)
TO: Planning & Zoning Commission
FROM: Josh Beach, Associate City Planner
208-884-5533
SUBJECT: EEG Office Building – CUP (H-2018-0081)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Chad Slichter, has applied for a conditional use permit (CUP) for an office building
and accessory outdoor storage on 0.993 of an acre of land in the L-O zoning district as required per
the recorded development agreement (Instrument Number 97044077) for Troutner Business Park. 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.
The Meridian Planning & Zoning Commission heard these items on October 4th, 2018. At the
public hearing, the Commission approved of the subject conditional use permit request.
a. Summary of Commission Public Hearing:
i. In favor: Chad Slichter
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: Bill Parsons
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. Architecure of the structure and whether it complies with the ASM.
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-
0081 as presented in the staff report for the hearing date of September 6, 2018, with the following
modifications: (Add any proposed modifications.) I further move to direct Staff to prepare an
appropriate findings document to be considered at the next Planning and Zoning Commission hearing
on September 20, 2018.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0081
as presented during the hearing on September 6, 2018, for the following reasons: (You should state
Meridian City Council Meeting Agenda October 18, 2018 – Page 80 of 194
Exhibit A
EEG Office Building – CUP H-2018-0081 PAGE 2
specific reasons for denial and what the applicant could do to gain your approval with another
application.)
Continuance
I move to continue File Number H-2018-0081 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:
The subject property is located at 551 SW 5th Ave., in the NE ¼ of Section 13, Township 3 North,
Range 1 West.
B. Owner(s):
James Keller
587 E. Kingsford Drive
Meridian, ID 83642
C. Applicant:
Chad Slichter
415 S. 13th Street
Boise, ID 83702
D. Representative:
Same as Applicant
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. 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: August 17, 2018
C. Radius notices mailed to properties within 300 feet on: August 10, 2018
D. Applicant posted notice on site by: August 8, 2018
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject property consists of vacant/undeveloped land,
zoned L-O.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Multi-tenant office buildings, zoned L-O
West: Single-family homes in the Franklin Square Subdivision, zoned R-8
South: Vacant/undeveloped land, zoned C-G and W. Corporate Drive
East: Vacant/undeveloped land, zoned C-G and SW 5th Avenue
C. History of Previous Actions:
The subject property was annexed into the city in 1995 as Troutner Business Park (Instrument
Meridian City Council Meeting Agenda October 18, 2018 – Page 81 of 194
Exhibit A
EEG Office Building – CUP H-2018-0081 PAGE 3
# 97044077), was granted preliminary plat approval in 1996 as Ballantyne-Troutner Business
Park and granted final plat approval in 1997 as Troutner Business Park. The recoreded
development agreement requires detailed CUP approval to develop any parcel within the
subdivision.
D. Utilities:
1. Public Works:
a. Location of sewer: Sewer service was provided to this lot with the development of the
subdivision.
b. Location of water: Water service was provided to this lot with the development of the
subdivision.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: None
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within the floodplain or floodway.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated “Commercial” on the Comprehensive Plan Future Land Use Map. The
purpose of this designation is to 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.
The applicant proposes to develop this 0.993 of an acre site with a 9,950 square foot office building
with an associate 2,875 square foot covered parking area, consistent with the Commercial
designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
Require all commercial and industrial businesses to install and maintain landscaping
(2.01.03B, Chapter 2, pg. 14).
Currently, a 35-foot wide landscape buffer exists along the west boundary and will remain
undisturbed with the development of the site. The applicant is required to provide a 20-foot
wide landscape buffer adjacent to SW 5th Avenue. The current landscape plan proposes a 10-
foot landscape buffer; however a 20-foot buffer is required adjacent to a commercial
collector roadway as required per UDC 11-2B-3. The applicant is also proposing internal
landscaping consistent with the landscape standards set forth in UDC 11-3B-7C and UDC
11-3B-8C. Maintenance of the landscaping is required as set forth in UDC 11-3B-13.
Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F, pg. 53)
Staff finds that this project acts as a good buffer between the commercial uses on the east side
of SW 5th Avenue and the existing single-family residential development to the west. A
Meridian City Council Meeting Agenda October 18, 2018 – Page 82 of 194
Exhibit A
EEG Office Building – CUP H-2018-0081 PAGE 4
condition of the Troutner Subdivision required a 35-foot landscape buffer along the east
boundary.
Encourage infill development in vacant/undeveloped areas within the City over fringe area
development to halt the outward progression of urban development.:” (5.01.02B, pg. 69)
The proposed development is an infill project consistent with this objective.
Permit new development only where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City.” (3.01.01F, pg. 45)
City services are stubbed to the property and will be extended with the development of this
site.
Plan for a variety of commercial and retail opportunities within the Impact Area (3.05.01J,
Chapter 3, pg. 51).
Staff believes that the proposed office uses will contribute to the variety of uses in this area
and will be compatible with the existing residences to the west.
Restrict private curb cuts and access points on collectors and arterial streets. (3.06.02D, pg.
56)
The applicant’s proposal is to have two connections to SW 5th Avenue which is a designated
commercial collector roadway. Staff does not believe that the second connection is necessary
for the development, and indeed the comprehensive plan requires limiting private access
points to collector roadways.
For the above-stated reasons, staff is of the opinion the proposed development 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. The
following 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.
B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory,
conditional, and prohibited uses in the L-O zoning district. An office for professional services is
listed as a permitted use in the L-O district; however the development agreement for the property
requires a conditional use permit for any new lot development.
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.
E. Landscaping: Landscaping is required to be provided on the site in accord with the standards
listed in UDC 11-3B as applicable.
F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6B for non-
residential uses.
G. Structure and Site Design Standards: The proposed commercial development must comply with
the design standards in accord with UDC 11-3A-19 and the Architectural Standards Manual.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Meridian City Council Meeting Agenda October 18, 2018 – Page 83 of 194
Exhibit A
EEG Office Building – CUP H-2018-0081 PAGE 5
The applicant has submitted an application for a conditional use permit (CUP) for a 9,950+/-
square foot office building and accessory outdoor storage on 0.993 of an acre of land in the L-O
zoning district, as required by UDC Table 11-2B-2.
Site Plan: A site plan is included in Exhibit A.2 that depicts how the site is proposed to develop
with a 9,950+/- square foot structure, parking, drive-aisles, access, storage yard and internal
parking lot landscaping.
Outdoor Storage: The applicant is proposing to have an outdoor storage area as part of the
development. This requires the applicant to comply with UDC 11-3A-14 in regards to Outdoor
Storage as an Accessory Use which reads as follows “For properties in commercial and/or
traditional districts, outdoor storage of materials, equipment, inventory, and/or supplies shall be
incorporated into the overall design of buildings and site landscaping so that the visual impacts of
these functions are fully contained and screened from view of adjacent properties, the railway
corridor, and public streets by a solid fence or wall with a minimum height of six feet (6'). Such
fence and/or wall shall be constructed of complementary or of similar design and materials of the
primary structure.” With the Certificate of Zoning Compliance application, the applicant
shall provide details of the required closed vision fencing and gate.
Storage Yard: Per UDC 11-3C-5, the storage area to the west of the building shall be paved with
asphalt.
Access: Access is proposed to this site via two driveways from SW 5th Avenue. Per UDC 11-3A-
3 direct access to collector roadways shall be limited in order to accommodate the flow of
traffic. In this case, staff recommends only a single access to SW 5th Avenue. The site plan
should be modified with the submittal of a certificate of zoning compliance application.
UDC 11-3A-19 requires individual properties to provide cross-access to adjacent properties;
however when the Troutner Business Park was subdivided, the adjacent properties were
not required to do so. At the time of subdivision approval SW 5th was designated as a local
street, but has since been re-classified as a collector which requires the limitation on the
number of access points. The property to the north was not required to provide a cross-
access to the subject property, so requiring this property to provide cross access to the
north would do little to provide connectivity.
Additionally, the property to the south is so small (and there is some questions as to whether
it is even a legal parcel), that once the required landscape buffers are installed, there will be
little developable land left.
Parking: Off-street parking is required to be provided on the site in accord with UDC Table 11-
3C-6B. The number of spaces required is one space for every 500 square feet of gross floor area.
Based on the square footage of the proposed building (i.e. 9,950 square feet), a minimum of 20
parking spaces are required to be provided based on one space per 500 square feet of gross floor
area. A total of 22 spaces are proposed for the property.
Bicycle Parking: Bicycle parking is also required to be provided on the site at a minimum of one
space for every 25 vehicle spaces proposed or portion thereof as set forth in UDC 11-3C-6G in
accord with the standards listed in UDC 11-3C-5C. Based on 22 vehicle parking spaces, a
minimum of 1 bicycle parking space is required. The applicant is proposing to install a bike rack
that can accommodate four bicycles.
Internal Pedestrian Walkway: Per UDC 11-3A-19, the applicant is required to provide a 5-foot
pedestrian walkway from the main entrance of the proposed building to the perimeter sidewalk
along SW 5th Avenue. This code section also requires that the walkway to be distinguished from
the drive surface through the use of pavers, bricks or scored concrete. With the submittal of the
Meridian City Council Meeting Agenda October 18, 2018 – Page 84 of 194
Exhibit A
EEG Office Building – CUP H-2018-0081 PAGE 6
certificate of zoning compliance application, the applicant should depict the required pedestrian
walkway.
Landscaping: Landscaping is required to be installed on the site in accord with the standards
listed in UDC 11-3B.
A 20-foot wide street buffer is required along SW 5th Ave., a commercial collector roadway, as
set forth in UDC Table 11-2B-3, landscaped in accord with the standards listed in UDC 11-3B-
7C.
Parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. The
applicant shall modify the landscape plan prior to the Planning and Zoning Commission. The
deficiencies in the plan are as follows:
a. UDC 11-3B-8C.2 requires that an internal planter island be installed at the end of each row of
parking. The plan as proposed omits several of these islands.
b. UDC 11-2B-3 requires a 20 foot landscape buffer along SW 5th Avenue. The plan as
proposed shows a 10 foot buffer. The applicant shall revise the landscape plan to show the
required 20 foot landscape buffer along SW 5th Avenue.
UDC 11-2B-3 requires a 20 foot landscape buffer between property zoned R-8 and properties
zoned L-O. In this case, the development agreement for the Troutner Business Park requires that
a 35-foot buffer be installed between the existing residential properties and the proposed
development. The applicant is proposing a 35 foot landscape buffer which exceeds the
requirements of the UDC.
Trash Enclosure: A trash enclosure is depicted on the site plan on the south side of the building.
A detail of the enclosure should be submitted with the Certificate of Zoning Compliance
application. The applicant should coordinate with Republic Services on the design and location
of the enclosure.
Sidewalk: A 5-foot wide attached sidewalk exists along the frontage of this property on SW 5th
Avenue. Per UDC 11-3A-17, a 5-foot wide detached sidewalk is required along collector
roadways. Because the sidewalk was installed at the time that SW 5th Ave. was designated a local
street, staff does not recommend that the applicant replace the existing facility.
Building Elevations: Conceptual building elevations were submitted with this application that
demonstrate what the future building may look like (see Exhibit A.4). The structure is proposed
to be 2 stories in height with building materials that appear to consist of an aluminum store front,
aluminum clad wall panels and architectural metal wall panels. As proposed, the applicant is
proposing more metal siding than what is allowed by the Architectural Design Manual (ASM).
Therefore, staff recommends that the elevations as proposed not be approved with the subject
application. Staff is confident that the applicant can design a building to comply with the ASM.
The future structures constructed on the site are required to comply with the design standards
listed in UDC 11-3A-19 and the Architectural Standards Manual.
Certificate of Zoning Compliance (CZC): The applicant is required to submit a CZC
application for approval of the proposed use, site layout and building elevations from the
Planning Division prior to submittal of a building permit application.
Design Review: The applicant is required to submit a Design Review application concurrent with
the CZC application for final approval of the site layout and building elevations. The proposed
site layout and structure is required to comply with the design standards listed in UDC 11-3A-19
and the Architectural Standards Manual. The conceptual elevations provided by the applicant
do not meet the standards as set forth in the City of Meridian Architectural Standards
Meridian City Council Meeting Agenda October 18, 2018 – Page 85 of 194
Exhibit A
EEG Office Building – CUP H-2018-0081 PAGE 7
Manual (ASM) for commercial construction. The ASM does not allow for prefabricated
steel panels to be used as field materials. Standard 5.1I reads as follows “Un-textured
concrete panels and prefabricated steel panels are prohibited as field materials for building
façades, except when used with a minimum of two other qualifying field materials and
meeting all other standard fenestration and material requirements.”
Prior to the Planning and Zoning Commission, the applicant shall revise the architectural
elevations to comply with the City of Meridian Architectural Standards Manual.
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Site Plan (dated: 6/19/2018
3. Landscape Plan (dated: 6/19/18)
4. Conceptual Building Elevations (NOT APPROVED)
B. Conditions of Approval
C. Required Findings from Unified Development Code
Meridian City Council Meeting Agenda October 18, 2018 – Page 86 of 194
Exhibit A
EEG Office Building – CUP H-2018-0081 PAGE 8
Exhibit A.1: Vicinity/Zoning Map
Meridian City Council Meeting Agenda October 18, 2018 – Page 87 of 194
Exhibit A
EEG Office Building – CUP H-2018-0081 PAGE 9
Exhibit A.2: Site Plan (dated: 6/19/18)
Meridian City Council Meeting Agenda October 18, 2018 – Page 88 of 194
Exhibit A
EEG Office Building – CUP H-2018-0081 PAGE 10
Exhibit A.3: Landscape Plan (dated: 6/19/18)
Meridian City Council Meeting Agenda October 18, 2018 – Page 89 of 194
Exhibit A
EEG Office Building – CUP H-2018-0081 PAGE 11
Exhibit A.4: Conceptual Building Elevations (Not Approved)
Meridian City Council Meeting Agenda October 18, 2018 – Page 90 of 194
Exhibit A
EEG Office Building – CUP H-2018-0081 PAGE 12
Meridian City Council Meeting Agenda October 18, 2018 – Page 91 of 194
Exhibit A
EEG Office Building – CUP H-2018-0081 PAGE 13
B. Conditions of Approval
1. PLANNING DIVISION
1.1 Development of the site shall substantially comply with the site plan, landscape plan and building
elevations included in Exhibit A, the conditions of approval listed herein, and the provisions of
the recorded development agreement.
1.2 The site plan, dated 6/19/18, included in Exhibit A shall be revised as follows (as applicable):
a. Depict street buffer landscaping in accord with the standards listed in UDC 11-3B-7C within
the 20-foot wide buffer required along SW 5th Ave. The buffer shall be measured from the
back of the sidewalk per UDC 11-3B-7.
b. The applicant shall provide a pedestrian walkway from the main entrance of the building out
to the existing sidewalk along SW 5th Avenue. The Internal Pedestrian Walkway shall meet
the requirements of UDC 11-3A-19.
c. The applicant shall comply with UDC 11-3A-14 in regards to Outdoor Storage as an
Accessory Use.
d. With the Certificate of Zoning Compliance application, the applicant shall provide details of
the required closed vision fencing and gate.
e. Per UDC 11-3C-5, all parking, storage or vehicle travel areas shall be paved with asphalt.
f. The applicant shall reduce the number of accesses to the property from two (2) to one (1).
1.3 Parking lot landscaping is required to comply with the standards listed in UDC 11-3B-8C. The
applicant shall modify the landscape plan prior to the Planning and Zoning Commission. The
deficiencies in the plan are as follows:
a. UDC 11-3B-8C.2 requires that an internal planter island be installed at the end of each row of
parking. The plan as proposed omits several of these islands.
b. UDC 11-2B-3 requires a 20 foot landscape buffer along SW 5th Avenue. The plan as
proposed shows a 10 foot buffer. The applicant shall revise the landscape plan to show the
required 20 foot landscape buffer along SW 5th Avenue.
1.4 The applicant is required to submit a Certificate of Zoning Compliance application for approval
of the proposed use and site layout from the Planning Division prior to submittal of a building
permit application.
1.5 The applicant shall submit a Design Review application concurrent with the Certificate of Zoning
Compliance application for approval of the site layout and building elevations. The proposed site
layout and structures are required to comply with the design standards listed in UDC 11-3A-19
and the Architectural Standards Manual.
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.
1.7 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 11-5B-6F.
1.8 The applicant shall complete all required improvements prior to issuance of a Certificate of
Occupancy. It is unlawful to use or occupy any building or structure until the Building Official
has issued a Certificate of Occupancy.
Meridian City Council Meeting Agenda October 18, 2018 – Page 92 of 194
Exhibit A
EEG Office Building – CUP H-2018-0081 PAGE 14
1.9 Prior to the Planning and Zoning Commission hearing, the applicant shall provide revised
elevations that comply to the standards set forth in the City of Meridian Architectural Standards
Manual.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 Sanitary sewer and water mains/services are currently available on the subject site. The applicant
shall be responsible for the abandonment, per Meridian City standards, of any existing mainlines
or services that are not utilized.
2.2 General Conditions of Approval
2.2.1 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.2 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.3 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
Meridian City Council Meeting Agenda October 18, 2018 – Page 93 of 194
Exhibit A
EEG Office Building – CUP H-2018-0081 PAGE 15
3. FIRE DEPARTMENT
Meridian City Council Meeting Agenda October 18, 2018 – Page 94 of 194
Exhibit A
EEG Office Building – CUP H-2018-0081 PAGE 16
Meridian City Council Meeting Agenda October 18, 2018 – Page 95 of 194
Exhibit A
EEG Office Building – CUP H-2018-0081 PAGE 17
Meridian City Council Meeting Agenda October 18, 2018 – Page 96 of 194
Exhibit A
EEG Office Building – CUP H-2018-0081 PAGE 18
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns with this application.
5. REPUBLIC SERVICES
5.1 Coordinate with Republic Services on the location and design of the trash enclosure.
6. PARKS DEPARTMENT
6.1 The Parks Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
1. At the time of this report, no comments had been received from the Ada County
Highway District.
Meridian City Council Meeting Agenda October 18, 2018 – Page 97 of 194
Exhibit A
EEG Office Building – CUP H-2018-0081 PAGE 19
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.
Commission finds that the subject property is large enough to accommodate the proposed use
and the dimensional & development regulations of the L-O district as required by the UDC
(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.
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 if
designed in accord with the conditions listed 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.
Commission finds that if the applicant complies with the conditions outlined in this report,
the proposed use should be compatible with other existing and future uses in the general area
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.
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.
Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation were
provided to this property with development of the subdivision; services will be extended to
the proposed building by the developer. Commission 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.
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.
Meridian City Council Meeting Agenda October 18, 2018 – Page 98 of 194
Exhibit A
EEG Office Building – CUP H-2018-0081 PAGE 16
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.
Commission finds the proposed use will not involve excessive traffic, noise, or odors that will
be detrimental to any persons, property or the general welfare.
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.
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 in this area.
Meridian City Council Meeting Agenda October 18, 2018 – Page 99 of 194