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Ferguson Parking Addition H-2018-0120 CUPCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2018-0120 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Conditional Use Permit modification to reduce the amount of open space approved with a previous PUD (CUP-05-016) to construct additional parking on the site. Located at 586 N. Linder Rd. in the I-L Zoning District, by Ferguson Enterprises Inc. Case No(s). H-2018-0120 For the Planning & Zoning Commission Hearing Date of: November 15, 2018 (Findings on December 6, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 15, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 15, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 15, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 15, 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 December 6, 2018 – Page 151 of 267 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2018-0120 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 November 15, 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 MCU is hereby approved in accord with the conditions of approval in the staff report for the hearing date of November 15, 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 November 15, 2018 Meridian City Council Meeting Agenda December 6, 2018 – Page 152 of 267 By action of the Planning & Zoning Commission at its regular meeting held on the (o day of �aXP rnhQ.Y' , 2018. COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED V, COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN VOTED \ COMMISSIONER STEVEN YEARSLEY VOTED COMMISSIONER GREGORY WILSON VOTED �J COMMISSIONER LISA HOLLAND VOTED 1 �` COMMISSIONER WILLIAM CASSINELLI VOTED \ COMMISSIONER JESSICA PERREAULT VOTED Ye Rhon a McCarvel, Chairman (aot,91,� , P?O ATEOAttest:C. a o es, lerk SL - 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: Ci O -LJ Dated: �� U City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2018-0120 Page 3 EXHIBIT A Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: 11/15/2018 TO: Planning & Zoning Commission FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0120 Ferguson Parking Addition MCU PROPERTY LOCATION: 586 N. Locust Grove Rd., in the NW ¼ of the SW ¼ of Section 8, Township 3N, Range 1E. I. PROJECT DESCRIPTION Conditional use permit modification to reduce the amount of open space approved with a previous PUD (CUP-05-016) to construct additional parking on the site adjacent to N. Locust Grove Rd. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 6.865 Future Land Use Designation Industrial Existing Land Use Building material warehouse and retail space Proposed Land Use(s) Same Current Zoning I-L Proposed Zoning N/A Neighborhood meeting date; # of attendees: 9/26/2018; 1 attendee (applicant representative) History (previous approvals) CUP-05-016; CZC-05-013 B. Community Metrics Description Details Page Ada County Highway District  Staff report (yes/no) No  Requires ACHD Commission Action (yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Existing access is from N. Locust Grove Rd. and N. Nola Rd. Meridian City Council Meeting Agenda December 6, 2018 – Page 154 of 267 EXHIBIT A Page 2 C. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map III. APPLICANT INFORMATION A. Applicant: David Crawford, B&A Engineers, Inc. B. Owner: Ferguson Enterprises, Inc. C. Representative: David Crawford, B&A Engineers, Inc. Meridian City Council Meeting Agenda December 6, 2018 – Page 155 of 267 EXHIBIT A Page 3 IV. NOTICING A. Newspaper notification published on: 10/26/2018 B. Radius notice mailed to properties within 300 feet on: 10/24/2018 C. Applicant posted notice on site on: 11/2/2018 D. Nextdoor posting: 10/23/2018 V. STAFF ANALYSIS The applicant requests a modification to the previously approved planned development/ conditional use permit (CUP-05-016) to reduce the amount of open space from 34,550 square- feet to 12,050 square-feet in order to construct 58 additional parking spaces on the site adjacent to N. Locust Grove Rd. The previous code in effect at the time of the original CUP approval required that two amenities be provided to allow for two buildings to be constructed on the same lot. At the time, a minimum of 10% open space/landscaping was one of the two required amenities. The second site amenity was a seating area for employee and customer use. The applicant provided 34,550 square feet (10.5%) open space in accord with the approved CUP; that approved site plan is included in Exhibit A. The current proposal will replace a portion of the 34,550 square-feet open space with a 22,500 square-foot parking area including 58 parking stalls along N. Locust Grove Rd.; the proposed site and landscape plans are included in Exhibits VII.B & VII.C. Although current code in effect no longer requires a PD/CUP to build two buildings on one lot, the amenities required for the development per the original approval are still applicable. Since Ferguson Enterprises has experienced growth and requires more space to accommodate its growing employee and clientele base, the parking area installed in place of once required open space is sensible. The installation of an additional parking area will aid the applicant in maintaining compliance with parking standards in UDC 11-3C-5. In order to mitigate the loss of open space and to meet the intent of the original CUP approval, staff recommends that the applicant comply with the original condition to construct a seating area for customer and employee use and install a five-foot landscape buffer. The five-foot landscape buffer shall be provided to the east of the parking addition adjacent to an existing interior parking area and the southernmost building. The easterly five-foot landscape buffer and the westerly 25-foot landscape buffer along N. Locust Grove Rd. shall be landscaped in accordance with UDC 11-3B-7C and UDC 11-3B-8C. These landscape buffers would provide for additional screening for the storage yard adjacent to N. Locust Grove Rd. The site/landscape plan submitted for Certificate of Zoning Compliance and Design Review shall depict the seating area and landscape buffers. A. Comprehensive Plan Policies This property is designated as Industrial on the Future Land Use Map. This designation allows a range of industrial uses to support industrial and commercial activities and to develop areas with sufficient urban services. Light industrial uses may include warehouses, storage units, light manufacturing, and incidental retail and office uses. Heavy industrial uses may include processing, manufacturing, warehouses, storage units, and industrial support activities. In all cases, screening, landscaping, and adequate access should be provided. Meridian City Council Meeting Agenda December 6, 2018 – Page 156 of 267 EXHIBIT A Page 4 “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets, and to positively influence the physical and visual environment through screening, paving materials, and other landscape techniques.” (2.01.04B) B. Existing Structures/Site Improvements Three existing buildings used for retail, warehousing, and offices; parking areas; and storage yard. C. Dimensional Standards See UDC Table 11-2C-3 http://sterlingcodifiers.com/codebook/index.php?book_id=306&chapter_id=20921#s1230404 D. Access Current access points via N. Locust Grove Rd. and N. Nola Rd. will remain. No new access points are proposed. E. Parking: Off-street parking is required in accord with UDC 11-3C-6B-2 for industrial uses. Based on the square-footage of the existing buildings (56,600 sq. ft.), a minimum of 28 parking spaces are required to be provided. The current proposal will add 58 parking spaces; with the addition there will be 129 parking spaces in total, exceeding UDC requirements. The proposed drive aisle connecting the parking lot addition to existing interior parking is currently depicted as 24-feet wide. In accord with UDC Table 11-3C-5 the drive aisle shall be expanded to 25-foot width to allow for ingress/egress of two-way traffic. F. Sidewalks/Parkways: A five-foot wide attached sidewalk exists along N. Locust Grove Rd. G. Landscaping: A 25-foot wide street buffer is required along N. Locust Grove Rd., an arterial street, as set forth in UDC Table 11-2C-3. Landscaping is required to be provided within the buffers as set forth in UDC 11-3B-7C. The proposed landscape plan is in compliance with the required landscape buffer width, but shall be modified to comply with the landscaping standards as set forth in UDC 11-3B-7C. Staff is recommending that 3 trees be added to the current proposal of 8 trees, for 11 trees total in the southwestern landscape buffer along N. Locust Grove. Staff is also recommending that a five-foot landscape buffer be added between the parking addition and the existing interior parking area and building. Parking lot landscaping shall be installed in accord with UDC 11-3B- 8C-2a. The current site plan depicts the removal of five existing trees. The applicant shall contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. H. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. New fencing is depicted on the site plan. A detail of the fence should be submitted with the Certificate of Zoning Compliance and Design Review applications. Meridian City Council Meeting Agenda December 6, 2018 – Page 157 of 267 EXHIBIT A Page 5 I. Utilities and drainage: This area of the site currently functions as a drainage swale for the site. Because the drainage is being affected to make way for parking on the site, staff recommends the applicant submit a drainage plan to Land Development for review and approval to ensure adequate drainage can be maintained on site in accord with UDC 11- 3A-18. J. Lighting: A street light plan will need to be included in the final plat and/or building permit application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 Type 1 streetlights are required on N. Locust Grove Road every 300'. Type 2 streetlights are required on Nola Rd every 220'. VI. DECISION A. Staff: Staff recommends approval of the proposed conditional use permit modification application in accord with the Findings in Section IX per the provisions in Section VIII. B. Commission: The Meridian Planning and Zoning Commission heard this item on November 15, 2018. At the public hearing, the Commission moved to approve the subject MCU request. a. Summary of Commission Public Hearing: i. In favor: David Crawford, B&A Engineers, applicant representative ii. In opposition: None iii. Commenting: David Crawford iv. Written testimony: None v. Staff presenting application: Stephanie Leonard vi. Other staff commenting on application: None b. Key Issues of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. None d. Key Commission Changes to Staff Recommendation: i. None Meridian City Council Meeting Agenda December 6, 2018 – Page 158 of 267 EXHIBIT A Page 6 VII. EXHIBITS A. Previously Approved Site Plan B. Proposed Site Plan Meridian City Council Meeting Agenda December 6, 2018 – Page 159 of 267 EXHIBIT A Page 7 C. Landscape Plan VIII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. Development of the site shall substantially comply with the site/landscape plan and building elevations included in Exhibits VII.B & VII.C, and the conditions of approval listed herein. 2. The applicant shall meet all terms of the previously approved conditional use permit (CUP-05-016) and Certificate of Zoning Compliance (CZC-05-013). 3. The site and landscape plans, dated 8/13/18, included in Exhibits VII.B & VII.C shall be revised as follows (as applicable): a. Add three trees to westerly landscape buffer adjacent to N. Locust Grove Rd. in accord with UDC 11-3B-7C-3a. b. Construct a five-foot landscape buffer between proposed parking addition and existing parking and building on east portion of the site. Landscaping is required to be provided within the buffer as set forth in UDC 11-3B-8C. Interior parking lot landscaping shall comply with UDC 11-3B-8C-2a. c. Increase drive aisle width to 25’ to accommodate two-way traffic in accord with UDC Table 11-3C-5. Meridian City Council Meeting Agenda December 6, 2018 – Page 160 of 267 EXHIBIT A Page 8 d. The applicant shall contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. e. Depict and construct seating area for employee and customer use as approved with CUP-05-016. 4. The applicant is required to submit a Certificate of Zoning Compliance and Design Review applications for approval of the proposed use and site layout from the Planning Division prior to submittal of a building permit application. 5. The applicant shall submit a drainage plan to Meridian Land Development for review and approval to ensure adequate drainage can be maintained on site in accord with UDC 11-3A-18. 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. 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. 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. B. Public Works Department No Comment C. Transportation Plan Review: A street light plan will need to be included in the final plat and/or building permit application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 Type 1 streetlights are required on N. Locust Grove Road every 300'. Type 2 streetlights are required on Nola Rd every 220'. D. Department of Environmental Quality (DEQ): http://weblink.meridiancity.org/weblink8/0/doc/157257/Page1.aspx Meridian City Council Meeting Agenda December 6, 2018 – Page 161 of 267 EXHIBIT A Page 9 IX. FINDINGS 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. The Commission finds that the subject property is large enough to accommodate the proposed use and the dimensional and development regulations of the I-L district as required by the UDC (see Analysis Section V 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 I-L 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 the proposed use will provide additional parking for the facility and eliminate the need for employees to park throughout the site. The additional parking area 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. 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 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. 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 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. (Ord. 05-1170, 8-30- 2005, eff. 9-15-2005). 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 in this area. Meridian City Council Meeting Agenda December 6, 2018 – Page 162 of 267