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