FindingsCITY OF MERIDIAN W IDIAN�-
FINDINGS OF FACT, CONCLUSIONS OF LAW -�.
ND A
DECISION AND ORDER
In the Matter of Conditional Use Permit for an Office Park Consisting of Four (4) Buildings
Located at 289 SW 5th Avenue in the L-O Zoning District, by Rodhouse Capital, LLC.
Case No(s). CUP-13-009
For the Planning and Zoning Commission Hearing Date of: October 3, 2013
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 3, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of October 3, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 3, 2013,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 3, 2013, 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
upon the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-13-009
Page 1
By action of the Planning & Zoning Commission at its regular meeting held on the day of
Q ► {'0 be*- , 2013. Y
COMMISSIONER STEVEN YEARSLEY, CHAIRMAN
COMMISSIONER JOE MARSHALL, VICE CHAIRMAN
COMMISSIONER MICHAEL ROHM
COMMISSIONER SCOTT FREEMAN
COMMISSIONER MACY MILLER
Steven Yearsley, Cha' an
Attest:
kta&IL6, �hy -
Jaycee Holman, City Clerk irv,
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VOTED
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Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
By' Dated:
City Clerk's O 1 e
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City Of
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-13-009
Page 3
EXHIBIT A
STAFF REPORT
Hearing Date
TO:
FROM:
SUBJECT:
October 3, 2013
Planning and Zoning Commission
Bill Parsons, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
CUP-13-009 — Rodhouse Office Park
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
E IDIAN,--
The applicant is requesting conditional use permit (CUP) approval to construct four (4) office
buildings ranging in size between 3,983 square feet and 4,538 square feet on 1.217 acres of land in an
existing L-O (Limited Office) zone. Typically, a CUP would not be required for this project as office
uses are principally permitted in the L-O zoning district; however, the recorded development
agreement (DA) (Inst. #97044077) for Troutner Park Subdivision requires all development to obtain
CUP approval prior to submittal of a certificate of zoning compliance application. See Section IX
Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed conditional use permit application with the conditions
listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff
Report. The Meridian Planning and Zoning Commission heard this item on October 3 2013. At
the public hearing the Commission moved to approve the subiect CUP request
A, Summary of Commission Public Hearing:
i. In favor: Shawn Redder
ii. In opposition: None
iii. Commentinlin Bill Hamlin concerned with the number parking spaces being
provided with the office project
iv. Written testimony None
V. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. Required parking by ordinance
L. Key Commission Changes to Staff Recommendation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-13-
009 as presented in the staff report for the hearing date of October 3, 2013, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-13-009
as presented during the hearing on October 3, 2013, for the following reasons: (You should state
specific reasons for denial.)
Rodhouse Office Park CUP-13-009
PAGE 1
EXHIBIT A
Continuance
I move to continue File Number CUP-13-009 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 (Parcel #R8533750700):
The subject property is located at 289 SW. 5t' Avenue (Lot 7, Block 1, Troutner Park
Subdivision); Section 13, Township 3 North, Range 1 West.
B. Applicant/Owner(s):
Rodhouse Capital, LLC
1763 W. Sunny Slope Drive
Meridian, ID 83642
C. Representative:
Shawn Reeder, Performance Engineers
1102 N. Franklin Boulevard
Nampa, ID 83687
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit. A public hearing is required before the
Planning and Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: September 16, and 30, 2013
C. Radius notices mailed to properties within 300 feet on: September 12, 2013
D. Applicant posted notice on site by: September 20, 2013
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject property is vacant commercial property, zoned
L-O.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This area is a rapidly
transitioning commercial area. There is existing vacant commercial property as well as developed
commercial uses to the east, south, and north of the proposed office buildings. The property abuts
a residential subdivision on the west boundary.
C. History of Previous Actions:
In 1996, the City of Meridian approved the annexation and zoning of property in Troutner Park
Subdivision to C-G and L-O zones. In 1997, a Development Agreement (DA) was entered into
which required all development within the subdivision to obtain CUP approval. In 1998, an
amendment to the Findings of Fact and Conclusions of Law was approved that eliminated the
requirement for CUP approval for the C-G zoned portions of the development but still required
CUP approval for the L-O zoned portions, which are located adjacent to existing residential
homes.
D. Utilities:
I. Public Works:
Rodhouse Office Park CUP-13-009
PAGE 2
EXHIBIT A
a. Location of sewer: NA
b. Location of water: NA
c. Issues or concerns: None
E. Physical Features:
I. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: NA
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is currently 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.
The applicant is proposing to develop an office park which is acceptable in the commercial
designation. Staff is of the opinion the property will develop in a fashion consistent with the
Comprehensive Plan.
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 east boundary and will remain
undisturbed with the development of the site. The applicant is also proposing a 25 foot wide
landscape buffer adjacent to SW S`" Avenue and 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 setforth in UDC 11-3B-13.
• Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.0117, pg. 53)
Staff finds that this project acts as a good buffer between the commercial uses on the east side
of SW Yh Avenue and the existing single-family residential development to the east. A
condition of the Troutner Subdivision required a 35foot 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.:" (5.01.0213, 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." (3.01.0117, 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,
Rodhouse Office Park CUP-13-009
PAGE 3
EXHIBIT A
Chapter 3, pg. 51).
Staff believes that the proposed ojfce uses will contribute to the variety of uses in this area
and will be compatible with the existing residences to the west.
For the above -stated reasons, staff is of the opinion the proposed office park is consistent with the
applicable comprehensive plan policies and is appropriate in this location.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail
and service needs of the community in accordance with the Meridian comprehensive plan. Six (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.
B. Schedule of Use: Unified Development Code (UDC) I 1-2B-2 lists the permitted, accessory,
conditional, and prohibited uses in the L-O zoning district.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the L-O
zoning district apply to development of this site.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
CUP: The applicant requests conditional use permit (CUP) approval to construct four (4) office
buildings on the subject property. The recorded development agreement requires detailed site
plan review prior to construction on the site. In accordance with the DA, the applicant has
submitted a CUP for the proposed office buildings.
Site Plan: The submitted site plan depicts four (4) office buildings ranging in various square
footages (3,983 up to 4,538 square feet). Access to the development will be provided from SW
5t' Avenue. Since the parcel and structures are held under single ownership, staff is not requiring
cross access with this development. If the property is subdividing in the future, cross access may
be required in accord with UDC 11-3A-3.
Parking: The applicant is proposing to construct 39 parking stalls for this use; 34 parking stalls
are required by ordinance. The proposed parking stalls and drive aisles shown on the site plan
comply with the dimensional standards in UDC Table 11-3C-5. Additionally, UDC 11-3C-6G
requires that one bicycle parking space be provided for every 25 vehicle parking spaces. The
applicant is proposing a central bike rack location between two (2) of the proposed northern
buildings. Staff is of the opinion the bike rack should be in a more visible/convenient location and
near the entrances of the buildings. With future CZC submittal, the applicant must provide a
minimum of a one space bicycle parking facility for each building to be located as close to the
building entrance as possible in compliance with UDC 11-3C-5C.
Landscaping: The submitted landscape plan depicts a 25-foot wide landscape buffer which is 5-
feet wider than 20-foot landscape buffer required by ordinance. The buffer must comply with the
requirements set forth in UDC I 1-3B-7C. Additionally, there is a 5-foot wide parkway adjacent to
SW 5d' Avenue. This area is located within ACHD right-of-way (ROW) but not improved. Other
parkways in the area are landscaped with lawn and trees and provide an attractive streetscape
within the Troutner development. For this reason, staff is of the opinion the unimproved parkway
futur
abutting this site should be improved consistent with the other parkways in the area. With e
CZC submittal, the applicant must revise the landscape plan to include the parkway. The parkway
Rodhouse Office Park CUP-13-009
PAGE 4
EXHIBIT A
must be landscaped in accord with UDC 11-3B-7C and requires the applicant enter into a license
agreement with ACHD for the landscape improvements within the ROW.
Elevations: Elevations were submitted for the proposed buildings on the site. All of the buildings
proposed for site have a cohesive design theme. The proposed building materials include vinyl
frame windows, architectural fiberglass shingles, stucco and stone wainscot on all facades. Per
the City's design standards (UDC 11-3A-19), the entries into each building must have weather
protection in the form of awnings or arcades. As submitted this design feature is not incorporated
into the building design.
Prior to the construction of the site, the applicant is required to obtain approval of a certificate of
zoning compliance and administrative design review applications. Staff will ensure all structures
proposed for the site comply with the design standards set forth in UDC 11-3A-19. With the
addition of the awnings as required, staff is supportive of the proposed building elevations and
construction materials.
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Site Plan
3. Landscape Plan
4. Proposed Building Elevations
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
Rodhouse Office Park CUP-13-009
PAGE 5
f acl— 1
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EXHIBIT A
Exhibit A.2: Site Plan
RODHOUSE OFFICE COMPLEX
TROUTNER PARK SUB.
LOT 7, BLOCK t
MERIDIAN, IDAHD
LOT
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LOT 6
LANDSCAPE PLAN
Rodhouse Office Park CUP-13-009
PAGI 7
EXHIBIT A
Exhibit A.3: Landscape Plan
RODHOUSE OFFICE COMPLEX
TROUTNER PARK SUB.
LOT 7, BLOCK 1
MERIDIAN, IDAHO
LOT 8
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up tau
3 LOT 6
LANDSCAPE PLAN ❑
Rodhouse Office Park CUP-13-009
PAGE 8
EXHIBIT A
Exhibit AA Proposed Building Elevations
REAR ELEVATION
RIGHT ELEVATION
FRONT ELEVATION
LEFT ELEVA
Rodhouse'Office Park Cup-13-009
PAGE 9
EXHIBIT A
FRONT ELEVATION #2
FRONT ELEVATION #3
#4
Rodhouse Office Park CUP-13-009
PAGE 10
EXHIBIT A
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant shall comply with all conditions of approval
Development Agreement Instrument No. 97044077.
1.2 The site plan and landscape plan labeled L 1.0, prepared
08/08/13, are approved with the following modifications:
for Troutner Park Subdivision and
by Performance Engineers, dated
a. Provide a minimum of a one space bicycle parking facility for each building to be located as
close to the building entrance as possible in compliance with UDC 11-3C-5C.
b. With future CZC submittal, the applicant must revise the landscape plan to include the
parkway abutting SW 5`h Avenue. The parkway must be landscaped in accord with UDC 11-
3B-7C and requires the applicant enter into a license agreement with ACHD for the landscape
improvements within the ROW.
c. All landscaping near the construction zone (east boundary) must remain protected during
construction on the site. Protect any existing trees on the subject property that are greater than
four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10.
1.3 Prior to the issuance of a building permit for any structures on the site, the applicant is required to
obtain approval of a certificate of zoning compliance and administrative design review
application for each structure constructed on the site.
1.4 The applicant shall have a maximum of two (2) years to commence the construction of the site as
permitted in accord with the conditions of approval listed herein. 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.
1.5 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility
for compliance.
1.6 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.
1.7 Applicant shall be required to install street lighting per the City of Meridian Department of Public
Works, Improvement Standards for Street Lighting. All streetlights shall be installed at
subdivider's expense. Final design shall be submitted to the Public Works Department for
approval. The street light contractor shall obtain the approved design on file and an electrical
permit from the Public Works Department prior to commencing installations. The contractor's
work and materials shall conform to the ISPWC and the City of Meridian Supplemental
Specifications to the ISPWC.
1.8 The building elevations constructed on this site shall substantially comply with the renderings
attached in Exhibit A.4 and comply with the structure and site design standards in accord with
UDC 11-3A-19.
1.9 The applicant shall comply with the access to street standards in accord with UDC 11-3A-3.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with this application.
Rodhouse Office Park CUP-13-009
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EXHIBIT A
3. FIRE DEPARTMENT
3.1 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2.
3.2 The applicant shall work with Public Works and Planning Department staff to provide an address
identification plan and a sign which meets the requirements of the City of Meridian sign
ordinance and is placed in a position that is plainly legible and visible from the street or road
fronting the property, as set forth in International Fire Code Section 505.1.
3.3 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in
International Fire Code Section 304.3.3.
3.4 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on -site fire hydrants
and mains shall be provided where required by the code official as set forth in International Fire
Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall
be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns with this application.
5. REPUBLIC SERVICES
5.1 Prior to submittal of a Certificate of Zoning Compliance (CZC) application to the City of Meridian
Planning Department, the applicant shall submit a scaled site plan and detail of the trash enclosure to
Bob Olson at Republic Services (345-1265) that demonstrates compliance with the following items:
a. Suitable waste enclosure locations (enclosures should be located to minimize service vehicle
back-up requirement)];
b. Sufficient overhead clearance height for service vehicles (a minimum 13' clearance is required,
including power and telecommunication lines; this requirement increases to 22' at container
service locations);
c. Ample number and size of waste receptacles/enclosures to meet waste generation points and
volumes;
d. Adequate waste enclosure access (the applicant shall provide drive -on capability for 6 and 8
cubic yard containers; allow a minimum of 60' frontal clearance);
e. Adequate turning radius (provide a minimum 28' inside and 48' outside for all entrances,
internal roads, drive aisles, alleys, and private streets where they intersect a public street);
f. Any roadway greater than 150 feet in length that is not provided with an outlet shall be
required to have an approved turn around.
g. Meets design standards for waste enclosure(s):
i. Concrete pad for the waste enclosure (required for all enclosures);
Rodhouse Office Park CUP-13-009
PAGE 12
EXHIBIT A
ii. Concrete apron in front of waste enclosure (minimum 8' in depth)
iii. Gate locks for the waste enclosure for both open and closed positions;
iv. Clearance inside waste enclosure gates (minimum 12' x 10' when in open position) Note:
If building tenant wishes to recycle, please contact Bob Olson at Republic Services (345-
1265) for minimum dimensional requirements;
v. Bollards inside the enclosure to prevent the container from damaging the walls and gates;
vi. Waste enclosure user access (When possible, the enclosure should be designed with an
easy pedestrian access point other than the front gates to ensure less mess within the
enclosure as well as reduce gate damage);
6. PARKS DEPARTMENT
6.1 The Parks Department has no concerns with this application.
Rodhouse Office Park CUP-13-009
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EXHIBIT A
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 alth dimensional and development regulations in the district in which the use is located. l e
The Commission finds that the subject property is large enough to accommodate the proposed
addition which complies with the dimensional and development regulations of the L-O
district (see Analysis Section IX for more information).
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The Commission finds that the proposed office park is consistent and harmonious with the
UDC and Comprehensive Plan Future Land Use Map designation of Commercial for this site.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The Commission finds that if the applicant complies with the conditions outlined in this
report, the proposed office park should be compatible with other uses in the general
neighborhood and with the existing and intended character of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The Commission finds that if the applicant complies with the conditions outlined in this
report, the proposed office park 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 sanitary sewer, domestic water, refuse disposal, and irrigation are
currently provided to the subject property. Services will not change with the development of
the site.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and that
the proposed use will not be detrimental to the community's economic welfare.
Rodhouse Office Park CUP-13-009
PAGE 14
EXHIBIT A
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 expansion of the building will not be detrimental to any persons,
property or the general welfare of the area.
h. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
The Commission finds that there should not be any health, safety or environmental problems
associated with the existing use. Further, staff finds that the proposed office park will not
result in the destruction, loss or damage of any natural, scenic or historic feature of major
importance.
Rodhouse Office Park CUP-13-009
PAGE 15