MDC Parking Facility CUP-11-008CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
E IDIAN~--
IDAHO
In the Matter of Conditional Use Permit for the MDC Parking Facility, Located on the North Side
of E. Broadway Avenue, between N. East 2nd Street and N. East 3rd Street in the O-T Zoning
District, by Meridian Development Corporation.
Case No(s). CUP-11-008
For the Planning & Zoning Commission Hearing Date of: November 17, 2011 (Findings on
November 17, 2011)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 17, 2011, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 17, 2011, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 17,
2011, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 17, 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-I I-008
Page I
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 17, 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 November 17, 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 may be filed.
2. Please take notice that this is a fmal 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 17, 2011
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S). CUP-11-008
Page 2
By action of t e Planning & Zoning Commission at its regular meeting held on the ~ " day of
2011.
COMMISSIONER SCOTT FREEMAN
(Chairman)
COMMISSIONER MICHAEL ROHM
COMMISSIONER TOM O'BRIEN
COMMISSIONER JOE MARSHALL
COMMISSIONER STEVEN YEARSLEY
Freeman,
Attest:
O~4p~ ATHD ~# UG~'sT
City of
Jaycee Holman, City Clerk E IDTA I~i~x,•
-~ ~oaee
~~
SEAL
VOTED___~~~
VOTED ~ CJ~~~
VOTED~~
VOTED__~~Z~
9r ~-
Copy served upon Applicant, The Plannin~~ ela~t~~ ~~ ublic Works Department and City Attorney.
By: Dated: ~ ~• (~. • aZ. ~ ~ I
'ty Cle s Tice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-11-008
Page 3
EXHIBIT A
STAFF REPORT
Hearing Date:
TO:
FROM:
SUBJECT:
November 17, 2011
Planning & Zoning Commission
Bill Parsons, Associate City Planner
(208) 884-5533
CUP-11-008 -MDC Parking Facility
~E IDR IAN~-
~/
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Meridian Development Corporation, is requesting Conditional Use Permit (CUP)
approval for a surface parking facility in the O-T zoning district in accord with UDC Table 11-2D-2.
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 November 17, 2011. At the public hearing. the Commission voted to approve
the subiect CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Ashley Ford
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Kev Issues of Discussion by Commission:
i. None
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-
008, as presented in the staff report for the hearing date of November 17, 2011, with the following
modifications to the conditions of approval: (add any proposed modifications). Staff has prepared the
appropriate Findings document for Commission approval on the November 17, 2011 hearing.
Denial
After considering all Staff, Applicant, and public testimony, I move deny File Number CUP-11-008,
as presented during the hearing on November 17, 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-
11-008 to the hearing date of (insert continued hearing date here) for the following reason(s): (you
should state specific reason(s) for continuance).
MDC Parking Facility CUP-11-008 Page 1
EXHIBIT A
4. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located on the north side of E. Broadway Avenue between N. East 2nd
Street and N. East 3rd Street in the SW % of Section 7, Township 3 North, Range 1 East.
B. Applicant/Owner(s):
Meridian Development Corporation
33 E. Idaho Street
Meridian, ID 83642
C. 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 31, and November 14, 2011
c. Radius notices mailed to properties within 300 feet on: October 26, 2011
d. Applicant posted notice on site by: November 4, 2011
6. LAND USE
A. Existing Land Use(s) and Zoning: The site is currently being developed with a 16,000 square
professional office building and a 56 stall parking lot, zoned O-T.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The area is in transition with
several vacant properties in need of redevelopment.
1. North: City of Meridian Recreation Center and Centennial Park; zoned O-T
2. East: Single Family Residences; zoned R-15
3. South: Vacant Idaho Truss site; zoned O-T
4. West: Vacant commercial buildings; zoned O-T
C. History of Previous Actions: In 2008 this property was approved for the HUB mixed-use
building (CZC-08-069) and associated parking area received CUP (CUP-08-020) approval for a
public parking facility. This project is no longer valid because both approvals have expired.
In 2010, the site received certificate of zoning compliance (CZC-10-065) and administrative
design review (DES-11-045) approval fora 16,000 square foot professional office building and
the associated site improvements (parking lot, landscaping and streetscape). The applicant is also
proposing to short plat (SHP-11-001) the building into four condo units and retain ownership of
the land to provide public parking for downtown. The condo plat is scheduled for the November
15, 2011 City Council hearing.
D. Utilities:
1. Public Works:
a. Location of sewer: NA
b. Location of water: NA
MDC Parking Facility CUP-11-008 Page 2
EXHIBIT A
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Hunter Lateral is tiled and bisects the proposed parking
facility.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property is not within the floodplain.
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, residential and public uses. The
proposed parking facility is proposed to be a public use in the Old Town district.
One of the focus areas for the Meridian Development Corporation (MDC), the City's Urban Renewal
Agency, is to provide public parking in Downtown Meridian. The intent of the proposed parking
facility is to 1) provide the required parking for the professional office building currently under
construction and 2) expand the public parking in the downtown area to support downtown businesses
and community activities.
One of the goals for the Plan is to create a vibrant Downtown. Over the last couple of years several
new public parking facilities have been established in downtown (new City Hall and old City Hall
parking facilities) to accommodate the increase in community events. With the addition of the
Farmers Market and Concerts on Broadway, there is a need for additional parking facilities. Because
the proposed use is slated for multiple purposes (employee parking and public parking), Staff fmds
the proposed use meets the intent of the Comprehensive Plan.
8. UNIFIED DEVELOPMENT CODE
a. Purpose Statement of Zone: The purpose of the Old Town district is to accommodate and
encourage further intensification of the historical city center in accord with the Meridian
Comprehensive Plan. The intent of the O-T District is to delineate a centralized activity center
and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural,
financial and recreational center of the City. Public and quasi-public uses integrated with general
business, and medium-high to high-density residential is encouraged to provide the appropriate
mix and intensity of activities necessary to establish a truly urban city center.
b. UDC Table 11-2D-21ists parking facilities as a "conditional use" use in the O-T zoning district.
9. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
Conditional Use Permit (CUP): The applicant requests conditional use approval of a parking
facility in an O-T zoning district. As noted above, the Commission approved a conditional use
permit for a parking facility on this property in 2008 but the use was never established. Thus, the
CUP expired.
Currently, a 16,000 square foot office building and associated site improvements are under
construction. During the Planning Department review (CZC and DE,S'), the parking lot was found
to conform to the parking requirements outlined in the UDC. In addition, the associated
landscaping and streetscape improvements comport to City code and the Meridian Streetscape
Standards (see Exhibit A.2).
MDC Parking Facility CUP-11-008 Page 3
EXHIBIT A
The applicant plans to condo the office building to convey ownership to Compass and VRT. The
proposed parking facility will remain under the ownership of MDC. The facility will serve as the
required employee parking for the condominiums and also provide additional public parking in
downtown.
The parking lot is approved with 56 parking stalls. The minimum stalls required by the UDC are
33. The applicant has verified that 33 stalls will be dedicated to CompassNRT to use during
business hours and the remaining 23 stalls will be available for public parking during the day with
a1156 stalls being available in the evening. Staff has conditioned the applicant to provide a
recorded copy of the shared parking agreement to ensure adequate employee parking is being
provided.
Since, the parking is already approved and under construction, Staff is not requiring the applicant
modify the CZC to commence the parking facility use. Occupancy of the building is predicated
on the completion of the parking facility and related site improvements. The approved CUP
Findings and issuance of the certificate of occupancy will serve as the approval of the parking
facility and commencement of the use.
10. EXHIBITS
A. Exhibits
1. Vicinity/Zoning Map
2. Approved Site Plan and Landscape Plan
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
MDC Parking Facility CUP-11-008 Page 4
EXHIBIT A
A. Drawings
1. Vicinity/Zoning Map
814 T_
~
r -- --
I
,o' o ~ w
°
'° N N M O,
~
80U 24D ~ ~ _8~~ ~ I I
N m ~ N I ~
~ ~
(PO I I _
M
M
M M M
Y I i
~
~ i 3
D I
j
i
I
___..
._.. ___
- E IDAHO AVE
~ 139
~ _ _
105 193
~ -: 201
~
~ ~ I
~ R-IrJ ~
' I
`~ ~
N
I- 223 M
m
'': N ' N I I
~ N
^ ~
M ~ N ; 33 3
M
720 i'
.- ~ 722 ~~
~ ~ _ 1 L ~ i
! ~ n ~
714 i _ .. o i ~ _
22G __ I - '- -. i __- __
I - I f __
766 ~ ' ~ ~ ° ~
-
I r r
' z + ~ I
I ~ I I
7D4 '
I ~
m N
I
~ ~°„ ~ ~ 318 ° M M I
M
M I
_ Q-1' '_ ! f I
i
I i I
I
i
'
E BROADWAY AVE --
i.
_ ._ _ _.
G32
z
Exhibit A - 1 -
EXHIBIT A
2. Approved Site Plan and Landscape Plan
I
- -~---
,, ,
I ,L....! i !~~ i
i ~~~~ i ~ ~
~ ~ i ~ { ~~Y
~ ~ i
~i i ' f ~ 4~ ~ ~ ~
~~
~ , ,~ i
'I I
~_+_
II.
1~
ii .
~'
I~
~' ~ i
~,
g
^' W
i ~`1'~
-~
F_I
~ ~.~ }
1
?r:
~.. .~.-?T .l~ .
~~,
___,
__ ~ ~_ ,.
I
I
I
I
~ I
I
{
~~
Exhibit A - 2 -
EXHIBIT A
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant is to meet all terms of the approved certificate of zoning compliance (CZC-10-065)
and administrative design review (DES-10-045) for this development.
1.2 The applicant shall provide a recorded copy of the shared parking agreement to the Planning
Department prior to obtaining certificate of occupancy for the office building.
1.3 Prior to issuance of the certificate of occupancy (CO) for the building, the applicant shall
complete the required improvements for the parking facility. The CO shall serve as evidence that
the use has commenced.
2. PUBLIC WORKS DEPARTMENT
2.1 The Public Works Department has no concerns with this application.
3. FIRE DEPARTMENT
3.1 The Fire department has no concerns with this application.
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 O-T zoning district as indicated with the
approval of CZC-10-065.
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 O-T. The
Commission finds the proposed parking facility complies with the O-T designation applicable
goals and objectives and the requirements of the UDC.
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 should rely
upon any 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 finds that the subject property is currently served by public facilities such as
streets, police, and fire protection. The Commission fmds 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.
The Commission fmds 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 parking facility will not result in the
destruction, loss or damage of any natural, scenic, or historic feature of major importance.
Exhibit C _ 2 _