Molly Maids Dispatch Center CUP-11-007CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
E IDIAN~--
IDAHO
In the Matter of Conditional Use Permit for Molly Maids Dispatch Center, Located at 1519 N.
Main Street in the C-C Zoning District, by Enrique Camarillo.
Case No(s). CUP-11-007
For the Planning & Zoning Commission Hearing Date of: October 20, 2011 (Findings on October
20, 2011)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 20, 2011, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 20, 2011, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 20,
2011, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 20, 2011, 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-SA.
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-ll-007
Page I
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of October 20, 2011, 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-
SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The applicant's request for conditional use permit is hereby approved per the conditions of
approval in the attached staff report for the hearing date of October 20, 2011, 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-SB-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-SB-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-SB-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 maybe 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 maybe 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 maybe 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 20, 2011
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-I I-007
Page 2
By action of the Planning & Zoning Commission at its regular meeting held on the ~~ day of
2011.
COMMISSIONER SCOTT FREEMAN VOTED_
(Chairman)
COMMISSIONER MICHAEL ROHM VOTED__ ~~ /~
COMMISSIONER TOM O'BRIEN VOTED__~~ ~~~Q,L,
COMMISSIONER JOE MARSHALL VOTED
COMMISSIONER STEVEN YEARSLEY VOTE _ ~~ I~~
/~
Freeman,
Attest:
'~"~ '\
Jaycee Holman, City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
By: Dated: ~ c~'~ ~
City Clerk's fice
3GO~D~,7BDAUCG ?{,~
n .+ c7ty of
~ IDAMO
d'
~~••~+be 71E1a~~~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-11-007
Page 3
EXHIBIT A
STAFF REPORT
Hearing Date: October 20, 2011 E IDIAN
TO: Planning & Zoning Commission I D A H O
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: CUP-11-007 -Molly Maids Dispatch Center
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Enrique Camarillo, is requesting Conditional Use Permit (CUP) approval to operate a
.dispatch center from an existing building in a C-C zoning district.
2. SUMMARY RECOMMENDATION
Staff recommends approval of the CUP application, based on the Findings of Fact listed in Exhibit C
and subject to the conditions listed in Exhibit B. The Meridian Planning and Zoning Commission
heard this item on October 20 2011 At the public hearing the Commission moved to approve
the subject CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Stephanie and Enrique Camarillo
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Kev Issues of Discussion by Commission:
i. The amount of off-street parking needed to accommodate the proposed dispatch
center.
c. Kev Commission Changes to Staff Recommendation:
i. None
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-11-
007, as presented in the staff report for the hearing date of October 20, 2011, with the following
modifications to the conditions of approval: (add any proposed modifications).
Denial
After considering all Staff, Applicant, and public testimony, I move deny File Number CUP-11-007,
as presented during the hearing on October 20, 2011, for the following reasons: (you must state
specific reasons for denial and what the applicant could do to obtain your approval in the future).
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP-
11-007 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance)
4. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
Molly Maids Dispatch Center CUP-11-007 Page 1
EXHIBIT A
The subject property is located at 1519 N. Main Street in the NW % of Section 07, Township 3
North, Range 1 East.
B. Owner(s):
Rae Anderson
9595 SW. Bayou Drive
McMinnville, OR 97128
C. Applicant:
Enrique Camarillo
207 S. Ruby Street
Boise, ID 83705
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
5. 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: October 3, and 17, 2011
c. Radius notices mailed to properties within 300 feet on: September 22, 2011
d. Applicant posted notice on site by: October 10, 2011
6. LAND USE
A. Existing Land Use(s) and Zoning: The site contains a 2,328 square foot building that appears to
be converted from a single family residence to an office building, zoned C-C.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Vacant commercial land, zoned C-C
2. East: Multi-tenant commercial buildings, zoned C-C
3. South: Residential Conversion, zoned C-C
4. West: Residential Conversion, zoned C-C
C. History of Previous Actions: NA
D. Utilities:
1. Public Works:
a. Location of sewer: NA
b. Location of water: NA
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property is not within the floodplain.
Molly Maids Dispatch Center CUP-11-007 Page 2
EXHIBIT A
7. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map designates the subject property as "Old Town." Per
Chapter 3 of the Comprehensive Plan, the Old Town land use category "includes areas that are
designated to allow a mix of office, retail, lodging, entertainment and residential uses.
The subject property is currently zoned C-C and is surrounded by a mix of commercial uses. This
property is part of the Meridian Development Corporation's Destination Downtown plan which
encourages adaptive reuse of buildings and a mix of services within the downtown area. Although the
zoning does not comport with the Comprehensive Plan designation (CC vs. OT) the proposed use is
conditionally allowed in the C-C zone. For the reasons listed above with regard to the applicable
plans, staff believes the proposed use meets the intent of 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):
• Encourage compatible uses to minimize conflicts and maximize use of land. (Chapter 3, page )
Most of the surrounding uses in the area are converted residences or commercial uses. The
proposed use will have typical business hours of an off ce building and should have a minimal
impact on the surrounding properties.
• Permit new development only where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City (Chapter 3, page 45).
The site is already connected to City services. The change of use will not impact the services
being provided to this site.
• Require all commercial and industrial businesses to install and maintain landscaping."
(Chapter 2, page 14)
The change in use of the property does not require the installation of additional landscaping.
However, the existing landscaping on the site must be maintained in accord with UDC 11-3B-
13.
• Encourage Infill Development. (Chapter 3, pg. 50)
The existing residence on the site appears to have been converted from a residence to an
office use according to the Ada County Assessor; however, the City has no record of such
conversion. The conversion of this building will clean-up this discrepancy regarding the use
on the property and create a small scale off ce/dispatch center as contemplated by the
Comprehensive Plan and the Destination Downtown Plan.
Staff believes that the proposed use is consistent with the applicable Comprehensive Plan goals and
objectives.
8. 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. UDC Table 11-2B-21ists dispatch centers as a "conditional use" in the C-C zoning district.
c. UDC 11-1A-1 defines "dispatch centers for mobile services" as contractors and other personal
and/or professional services that typically are invited to travel to the customer as part of the
Molly Maids Dispatch Center CUP-11-007 Page 3
EXHIBIT A
service provided. Mobile services include, but are not limited to, taxis, landscape maintenance
contractors, carpet cleaners, maid service, and grocery and/or food service. This use excludes the
service and/or repair of fleet vehicles.
9. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is supportive of the proposed CUP
request based on the following comments:
Conditional Use Permit (CUP): Conditional use permit approval is required to operate a
dispatch center in the C-C district, per table 11-2B-2 subject to specific use standards listed in
UDC 11-4-3-45.
The applicant proposes to operate a dispatch center (mobile maid service) from an existing 2,328
square foot building. The existing building will be used to conduct the business operations of the
use and the rear parking pad is planned for employee parking and the storage of seven (7) fleet
vehicles on the site. The hours of operation are between the hours of lam to Spm which are
typically office hours. The applicant's long term plan is to lease out additional office space.
The following standards for the dispatch center the applicant must comply with are as follows:
A. No outdoor storage of material shall be allowed. All materials shall be stored indoors. No
materials are proposed to be stored outside. The applicant complies with this requirement.
B. Adequate off-street parking shall be provided for fleet vehicle storage.
1. Fleet vehicle storage shall only be on surfaces composed of one of the following
materials: concrete, asphalt, grasscrete, pavers, bricks, macadam or recycled asphalt.
The site currently has a large concrete pad behind the existing building. This area will
be used to for the fleet storage parking and is large enough to accommodate the
parking requirements for the seven (7) fleet vehicles.
2. Fleet vehicle storage shall not block sidewalks or parking areas and may not impede
vehicular or pedestrian traffic. The storage area will not block or impede vehicular or
pedestrian traffic.
3. Fleet vehicle storages shall be screened with a six foot (6') sight obscuring fence, or
fleet vehicle storage shall be designed as an offset parking area consistent with the
standards as set forth in sections 11-3C-5 and 11-3B-8 of this title. In speaking with the
applicant the parking area for the fleet vehicles will be along the southern property
boundary. The applicant has indicated that fencing will not be provided to screen the
vehicles. The preference is to move forward with designing the fleet parking consistent
with the UDC. With the submittal of the CZC, the applicant must revise the site
/landscape plan to include the required landscaping in accord with UDC 11-3B-8.
C. The site shall not be used as a "contractor's yard" as herein defined.
D. The site shall not be used as a "vehicle wrecking yard" as herein defined.
E. The site shall not be used as a "terminal, freight or truck" as herein defined.
SitelLandscape Plan: The applicant has submitted a combined site/landscape plan for review.
Staff is recommending the following changes to the site/landscape plan:
1) On the submitted plan there are two driveways to Main Street. One driveway provides
access to the fleet storage and employee parking in the rear of the property and the other is the
driveway that provides access to the garage on the site. The UDC requires access points be
combined/limited when intensity of use increases on the property. In this case, the property is
being converted to a dispatch center. Staff believes the applicant should grant cross access to
Molly Maids Dispatch Center CUP-11-007 Page 4
EXHIBIT A
the vacant northern property to limit access points to Main Street in the future. Staff is unsure
how the adjacent property may develop so a specific location for shared access has not been
identified. More than likely it will occur towards the entrance off of Main Street.
Further, the southern driveway is not able to facilitate safe movement of traffic to and from the
driveway. Staff has concerns with cars backing out onto Main Street given the construction
activity that will be occurring in the area with the widening of the Meridian Road and Cherry
Lane intersection. Staff recommends the applicant install bollards at the entrance of the
driveway and sign no parking or install similar wrought iron fencing to restrict the use of the
driveway.
With the submittal of the CZC, a recorded cross access agreement shall be provided granting
future access to northern property (parcel #R6129020670).
2) The applicant is also in the process of cleaning up the property. Several of the trees on the
site are dying. The applicant has coordinated with the City Arborist for the mitigation of the
trees. With the submittal of the CZC the mitigation and protection plan for the existing trees
shall be included on the submitted plans. Mitigation for tree removal shall be in accord with
UDC 11-3B-10.
3) The submitted site plan depicts 26 parking stalls however none of them are dimensioned.
The UDC requires parking stalls to be dimensioned 9' X 19' and two way drive aisles must be
25 feet wide. The site /landscape plan should be revised to include dimensioned parking stalls
and drive aisles with the CZC submittal.
4) The UDC requires a bike rack to be installed on the site. The numbers of bike spaces are
predicated on the amount of required vehicle parking for the site. The site is developed with a
2,328 square foot building. The UDC requires 1 parking space per 500 gross floor area; thus
the calculated required vehicle parking for the site is five (5) parking stalls. Based on this
calculation, one bike space needs to be provided on the site. The applicant must install a bike
rack on the site in accord with UDC 11-3C-SC and UDC 11-3C-6G.
10. EXHIBITS
A. Exhibits
1. Vicinity/Zoning Map
2. Proposed Site/Landscape Plan
3. Photo of Existing Building
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Required Conditional Use Permit Findings
Molly Maids Dispatch Center CUP-11-007 Page 5
EXHIBIT A
A. Drawings
1. Vicinity/Zoning Map
Exhibit A - 1 -
EXHIBIT A
2. Proposed Site/Landscape Plan
r~
r.__.._.~--- -- --
1 ~ ~ 4 ,
1 ~ mrrY` ~Ji qr~,, ~' `_
'] ~,I`p`
~ ` '`\~ ssu rtes. n. ,-~
4Vr" ~ / emiau~
teu attwvit I • ' , ~ i
ttua r d
f
! ~ r r
1 ;
t3' ~ ?
!S /tuna myeCw ~a true ~ f
~ 1_.........-_
.._....-.._.._...~...__.,_.._.._.._.._.._..._...~..._.._..~..~..,..._,._..-.._~.,...--,-._.._.._.....-._.,_.._.._.._.._.. .. _.._. _.r_._,...__ I
>.N,. PAOJ[C! DMa fis M.~f ~ ~,. ~~~
anus t-.oa~.e• e1.re~i
~!E
rrty aratta lat)msHr /9i
tug trrer
ero +~
ass.na
tuuntae wra asst r
lM' a11G a.HI ati911t
alb Q
a11uYa a a>taa
O Ytet
tteN 0 Ytea
ttlYt Oe
Exhibit A - 2 -
EXHIBIT A
3. Existing Building
Exhibit A - 3 -
EXHIBIT A
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant shall submit a Certificate of Zoning Compliance (CZC) application for the change
in use to the dispatch center, prior to commencing the new use. The site/landscape plan dated 09-
23-2011 shall be revised as follows:
• The applicant must install a bike rack on the site in accord with UDC 11-3C-SC and UDC 11-
3C-6G.
• With the submittal of the CZC, a recorded cross access agreement shall be provided granting
access to parcel #86129020670.
• The applicant shall install bollards near the entrance of the southern driveway and post a "NO
PARKING" sign or install a similar type wrought iron fence to restrict the use of the
driveway.
• With the submittal of the CZC, the site /landscape plan shall be revised to include
dimensioned parking stalls and drive aisles in accord with Table 11-3C-5.
• With the submittal of the CZC a mitigation and protection plan for the existing trees shall be
included on with the submitted plans. Further, mitigation for the tree removal shall be in
accord with UDC 11-3B-10.
• The parking area for the fleet vehicle parking area shall be designed in accord with UDC 11-
3B-5 and UDC 11-3B-8.
1.2 The applicant shall comply with the specific use standards in accord UDC 11-4-3-45 for the
dispatch center.
1.3 The Applicant shall have two (2) years to commence the use. If the business has not begun within
two (2) years of approval, a new conditional use permit must be obtained prior to operation of
apply for a time extension in accord with UDC 11-SB-6F.
2. PUBLIC WORKS DEPARTMENT
2.1 The Public Works Department has no concerns with this application.
3. FIRE DEPARTMENT
3.1 The proposed project has no Fire Department concerns.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns with this application.
5. PARKS DEPARTMENT
5.1 The Parks Department has no concerns with this application.
6. SANITARY SERVICES COMPANY
6.1 SSC has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 ACRD has no site specific conditions related to this application. All other standards conditions of
approval apply.
Exhibit B - 1 -
EXHIBIT A
C. Required Conditional Use Permit Findings from UDC 11-SB-6E
The Commission shall base its determination on the Conditional Use Permit request upon the
following:
1. 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 site is large enough to accommodate the proposed use and comply
with the dimensional and development regulations of the C-C zoning district.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
The Comprehensive Plan Future Land Use Map designation for this property is Old Town. The
Commission finds the proposed dispatch center in the C-C zoning district complies with the Old
Town designation applicable goals and objectives and the requirements of the UDC (see Section
7 above).
3. 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 use of the property should be compatible with other uses in the general area and
with the existing and intended character of the area. Further, the Commission believes that the
proposed use will not adversely change the essential character of the area.
4. 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. The Commission relied upon
all public testimony provided to determine if the development will adversely affect the other
property in the vicinity.
5. 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 fmds that the subject property is currently served by public facilities such as
streets, police, and fire protection. The Commission finds that the proposed use will continue to
be served adequately by those facilities and services previously mentioned.
6. 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 the proposed use of the property should not create excessive additional
costs for public facilities and services. The Commission finds that the proposed use will not be
detrimental to the community's economic welfare.
Exhibit C - 1 -
EXHIBIT A
7. 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 does not believe that the proposed use will involve activities or processes,
materials, equipment and conditions of operation that will be detrimental to any persons, property
or the general welfare by reasons of excessive production of smoke, fumes, glare, or odors.
8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic,
or historic feature considered to be of major importance.
Staff finds that there should not be any health, safety or environmental problems associated with
the proposed use that should be brought to the Commission's attention. The Commission finds
that the proposed use of the property as a dispatch center will not result in the destruction, loss or
damage of any natural, scenic, or historic feature of major importance.
Exhibit C - 2 -