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Scentsy Campus North Phase III Office Tower CUP-11-004CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER E IDIAN~-- IDAHO In the Matter of the Request for a Conditional Use Permit to Exceed the Maximum Building Height Allowed in the C-G Zoning District from 65 Feet to 82 Feet for the Scentsy Campus North Phase III Office Tower, Located on the Southwest Corner of E. Pine Avenue & N. Eagle Road, by CTA Architects/Engineers. Case No(s). CUP-11-004 For the Planning & Zoning Commission Hearing Date of: October 6, 2011 (Findings on October 20, 2011) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 6, 2011, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 6, 2011, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 6, 2011, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 6, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-11-004 Page 1 upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of October 6, 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: 1. 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 6, 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 6, 2011 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-11-004 Page 2 T rl By action of the Planning & Zoning Commission at its regular meeting held on the ~~ day of J~(~ ,~/' , 2011. COMMISSIONER SCOTT FREEMAN VOTED_~ (Chairman) COMMISSIONER MICHAEL ROHM VOTED__ ~~~~ COMMISSIONER TOM O'BRIEN VOTED__CC COMMISSIONER JOE MARSHALL VOTED_ COMMISSIONER STEVEN YEARSLEY ~J VOTF,~ Freeman, Attest: ~~~ Jaycee Holman, City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: ~ Dated: ~ ~ (a.l ~ ~ ~ City Clerk's O ice gEDgf/ .2GO~p4p' CGS;rY~+ ~ p ~ City of ~~Vl E ID IDANO a fn SEAL r 6 Ryr`t ~~+le Tt455u~ ~~y CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-11-004 Page 3 EXHIBIT A STAFF REPORT Hearing Date: October 6, 2011 TO: Planning & Zoning Commission E IDIAN~-- FROM: Sonya Waters, Associate City Planner I D A H O 208-884-5533 SUBJECT: CUP-11-004 -Scentsy Campus North Phase III Office Tower I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, CTA Architects/ Engineers, has applied for a conditional use permit (CUP) to exceed the maximum building height allowed in the C-G zoning district from 65 feet to 82 feet for the Scentsy Campus North Phase III office tower, as required by UDC 11-2B-3A.3e. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning and Zoning Commission heard this item on October 6, 2011. At the public hearing, the Commission moved to approve the subiect CUP request. a. Summary of Commission Public Hearing: i. In favor: Josh Hersel ii. In opposition: None iii. Commenting: None iv. Written testimony: Sam Johnson, Applicant (in agreement w/staff report) v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: Pete Friedman b. Kev Issues of Discussion by Commission: i. Because commercial development is anticipated to be fairly dense in this area of the City, the Commission felt the request was appropriate. c. Kev 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-11- 004 as presented in the staff report for the hearing date of October 6, 2011, with the following modifications: (Add any proposed modifications.) Ifurther move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on October 20, 2011. Denial After considering all staff, applicant and public testimony, I move to deny CUP-11-004 as presented during the hearing on October 6, 2011, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number CUP-11-004 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Scentsy Campus North Phase III Office Tower CUP-I I-004 PAGE 1 EXHIBIT A IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the southwest corner of E. Pine Avenue and N. Eagle Road, in Section 8, Township 3 North, Range 1 East B. Owner(s): H.O.T.1., LLC 3698 E. Lanark Street Meridian, ID 83642 C. Applicant: CTA Architects/ Engineers 1185 Grove Street Boise, ID 83702 D. Representative: Joshua Hersel, CTA Architects Engineers 1185 Grove Street Boise, ID 83702 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 19, and October 3, 2011 C. Radius notices mailed to properties within 300 feet on: September 8, 2011 D. Applicant posted notice on site by: September 23, 2011 VI. LAND USE A. Existing Land Use(s) and Zoning: The subject area where the third phase of development is proposed is vacant and lies within a C-G (General Retail and Service Commercial) zoning district. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Blue Cross of Idaho offices, zoned I-L 2. East: Jackson's convenience store/gas station, zoned C-G 3. South: Scentsy offices/manufacturing, warehouse, wax storage, & facilities/maintenance buildings, zoned I-L and L-O 4. West: Vacant commercial property, zoned C-G C. History of Previous Actions: • A Certificate of Zoning Compliance (CZC-10-078) and Design Review (DES-10-052) application was approved on February 2, 2011 fora 158,976 square foot distribution center with a 30,765 square foot office on the western 12.10 acre portion of this site. Scentsy Campus North Phase III Office Tower CUP-11-004 PAGE2 EXHIBIT A • A Certificate of Zoning Compliance (CZC-11-020) and Design Review (DES-11-010) application was approved on June 28, 2011 for site improvements on this property consisting of parking & drive aisles, pedestrian walkways, and parking lot and street buffer landscaping. 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: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use -Regional (MU-R)" on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to provide a mix of employment, retail, and residential dwelling and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominately single-use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. The previously approved use of this site as a distribution center with associated offices and future phases of development for Scentsy is consistent with the MU-R land use designation. 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) 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the C-G zoning district. The proposed office tower is listed as a principal permitted use in the C-G district; however, the proposed building height requires conditional use approval in accord with UDC 11-2B- 3A.3. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to this site. D. Landscaping Standards (UDC 11-3B): 1. Width of street buffer(s): NA 2. Width of buffer(s) between land uses: NA 3. Percentage of site as open space: NA 4. Tree Preservation: NA Scentsy Campus North Phase III Office Tower CUP-11-004 PAGE3 EXHIBIT A E. Off-Street Parking: NA IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant proposes to construct a 5-story office building (+ basement) with a maximum building height of 82 feet. The UDC (Table 11-2B-3) allows a building height of up to 65 feet in the C-G zoning district. To exceed the maximum height limit by more than 20%, a conditional use permit is required in accord with UDC 11-2B-3A.3e. The applicant has submitted a site plan that shows the location of the proposed structure central to the development adjacent to drive aisles for accessibility by the Fire Department. The Fire Department has approved the site plan attached in Exhibit A with the comments in Exhibit B. Staff finds the additional building height requested should not adversely affect other properties in the vicinity since the majority of the surrounding uses are facilities owned by the applicant and part of an overall campus plan. In addition, the use of the building as an office tower is consistent with nearby uses such as the Blue Cross office complex. Therefore, staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Site Plan (date: 8/22/11) 3. Landscape Plan (date: 8/22/2011) 4. Building Elevations (dated: 8/15/11) 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 Scentsy Campus North Phase III Office Tower CUP-11-004 PAGE 4 EXHIBIT A Exhibit A.1: Vicinity Map Scentsy Campus North Phase III Office Tower CUP-11-004 PAGE 5 EXHIBIT A Exhibit A.2: Site Plan (date: 8/22/11) 4 -~ _-~ _ .~~ _ ,, ___. - - - = ~~~ ,~c~.I~nm~unnuirrnrm~nnr~nm ~ ~ (IT~'n~,,p~n•s~niL i ~m x~ ~~ t `f2i ? T-} .Q Q ,~~ ~' I ~ ~ t3 t ~~_ ~ ~i ~ ~~lllll }411111111!'rlilifl ~~ / -°" _.~ ' ,~~ ~r ~ ~. ~ ,-~~._. ~ ......~,,,. ._~~ ~ ''ti ! ~ ~ ~~ ~ ~ ~r4Fia~iTit~l~~ ,, t::: ~ ~ ~'' l~ .~. _: ~~ i t 3 ;". i t ~ ~ .t ~ t i t ., JJJ .,cam,><~><_,~_ri ~. _ _ ~ i ~ ~ ti ,-E..- i\ ' ~~ =i ~ I 1 Proposed Structure .. ~~~ E- ~ ~ ~~ ~ ILA ~ ~~ x ' ~~ n r, ,~i 4 ~ ~ ~-~ r ~ ~ ' ~ ~~ -_ ,~ ~.,~ , . ~ ~ - G ~. , :` ~~ -,~- _k__ .-~_ . ~w ,,~ ~ _ .. __ ~ ..~.~._ . -- - ~ -1 __ _~. - t _.. _ ~. 3'~~:+~~~~~j.~~~ sows. ru a eu.e u .~ow~a+w a tq wa. ~. ~• Scentsy Campus North Phase III Office Tower CUP-11-004 PAGE 6 EXHIBIT A Exhibit A.3: Landscape Plan (date: 8/22/2011) --t-., ~;~ .a.R,......,,~.,.~....~,....,~.. "ts.~,e:~. ~n~...w. ,,.... _._.w.~ --,, f . ~ f 1 I 1 r ,' ~~~~' ! . 4 W y~ n' i ~i~ 7 ~Q #~ ~~ u Scentsy Campus North Phase III Office Tower CUP-I I-004 PAGE 7 EXHIBIT A Exhibit A.4: Building Elevations (dated: 8/15/11) ____,.ayy{j J J W ~ C-1 n ____n'r'i~(l 4~ W~ _~ ~ L `(i ~~ W i __-_...yKj ~ C? a ~ H W W ~: Ul ~ u n a J ~ ~ U LL 2 ~'% C] 4. ~ N Scentsy Campus North Phase 111 Of'tice Tower CUP-1 I -004 PAGE 8 .~W a.lc~t og ~ -::.~... oe _. ~...._~_. a~.- ,_. ..- -~ EXHIBIT A B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site plan, landscape plan, and building elevations included in Exhibit A are approved with the comments and conditions in this report. 1.2 The maximum building height allowed for the proposed structure is 82 feet. 1.3 Prior to establishment of the proposed use, the applicant shall be required to submit a Certificate of Zoning Compliance and Design Review application to the Planning Department for this project. They layout of the site shall be generally consistent with the site plan submitted with this application except as maybe modified by conditions required by the Meridian Fire Department. 1.4 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-SB-6F. 1.5 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 2. PUBLIC WORKS DEPARTMENT 2.1 The Public Works Department has no comments on this application. 3. FIRE DEPARTMENT The Fire Department submitted comments directly to the applicant who will revise the site plan to address the comments at the time of CZC review. 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. SANITARY SERVICES 5.1 SSC did not submit comments on this application. 6. ADA COUNTY HIGHWAY DISTRICT The District indicated that they have no comments on the height of the building and will submit comments at the time of CZC review. 7. PARKS DEPARTMENT 7.1 The Parks Department did not submit comments on this application. Scentsy Campus North Phase III Office Tower CUP-11-004 PAGE 9 EXHIBIT A C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-SB-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 35+ acre property is large enough to accommodate the proposed building height and other regulations of the C-G 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 use is consistent and harmonious with the Comprehensive Plan future land use map designation of MU-R 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 building height 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 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 sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACHD. Based on comments from other agencies and departments, 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. 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. Scentsy Campus North Phase III Office Tower CUP-11-004 PAGE 10 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 proposed increase to the building height allowed in the C-G zoning district 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 proposed use. The Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of maj or importance.