Treasure Valley Pediatrics CUP-13-001CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
E IDIAN~--
IDAHO
In the Matter of Conditional Use Permit Approval to Construct a 2,265 Square Foot Addition to the
Existing 8,220 Square Foot Medical Office Building for Treasure Valley Pediatrics, Located at 1620
S. Celebration Avenue in the L-O Zoning District, by Treasure Valley Pediatrics.
Case No(s). CUP-13-001
For the Planning and Zoning Commission Hearing Date of: March 7, 2013 (Findings approved on
March 7, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 7, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of March 7, 2013, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 7, 2013,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of March 7, 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-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-13-001
Page 1
upon the applicant, the Planning Division, 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 March 7, 2013, 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 and 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 March 7, 2013, 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 may be granted. With all extensions, the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional
use permit entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff report for the hearing date of March 7, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-13-001
Page 2
By action of the Planning and Zoning Commission at its regular meeting held on the ~ ~ day of
n~f',t,Y'~ , 2013.
COMMISSIONER STEVEN YEARSLEY, CHAIRMAN VOTED
COMMISSIONER JOE MARSHALL, VICE CHAIRMAN VOTED_~~.
COMMISSIONER MICHAEL ROHM VOTED~h~~-~'.~
COMMISSIONER MACY MILLER VOTED_ l~
COMMISSIONER SCOTT FREEMAN VOTED
/,
Steven Yearsley, Chairriian
e4o~.~tio nun°Srr
Attest: Go ,,~
E IDIAN
Jaycee Holman, City Clerk ~ ''
SEAL `'
nFy ~~~
r6? °f t! a Ti4 t+SJ!
Copy served upon Applicant, the Planning Division, Public Works Department an ttorni
I
By: Dated: ~ ~ l3
City Clerk' .ice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-13-001
Page 3
EXHIBIT A
STAFF REPORT
Hearing Date:
TO:
FROM:
March 7, 2013
Planning and Zoning Commission
Bill Parsons, Associate City Planner
208-884-5533
E IDIAN
1DAHU
SUBJECT:
CUP-13-001 -Treasure Valley Pediatrics
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Treasure Valley Pediatrics, has applied for a conditional use permit (CUP) to construct
2,265 square foot addition to the existing 8,200 square foot office building. The existing health and
social services use is principally permitted in the L-O zone, however the recorded development
requires all new construction obtain approval of a conditional use permit. See Section IXAnalysis 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 March 7. 2013. At
the public hearing, the Commission moved to approve the subiect CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Steve Turney and Todd Adams
ii. In opposition: None
iii. Commenting: Seth Thomas discussed parking issues in the development.
iv. Written testimony: Brandon Jackson
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. Off street parking for the proposed development and the surrounding office
park.
c. 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-
001 as presented in the staff report for the hearing date of March 7, 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-13-001
as presented during the hearing on March 7, 2013, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number CUP-13-001 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
Treasure Valley Pediatrics CUP-13-001 PAGE 1
EXHIBIT A
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location (Parcel #R3022100010):
The subject property is located at 1620 S. Celebration Avenue in the NW'/4 of Section 20,
Township 3 North, Range 1 East.
B. Owner(s):
Millennium Pediatric Associates, LLC
100 E. Idaho Street, Suite #401
Boise, ID 83712
C. Applicant:
Treasure Valley Pediatrics
1620 S. Celebration Way
Meridian, ID 83642
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 & Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: February 18, and March 3, 2013
C. Radius notices mailed to properties within 300 feet on: February 14, 2013
D. Applicant posted notice on site by: February 22, 2013
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject property is developed with an 8,200 square foot
office building. The property is zoned L-O.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by
developed and undeveloped commercial properties, zoned L-O and C-G.
C. History of Previous Actions:
In 2000, the property was rezoned (RZ-00-003) and platted (PP-00-006 and FP-00-019) as Lot 1,
Block 2 of Resolution Business Park Subdivision. A development agreement was required with
the rezone approval (Instrument #100056508). The recorded development agreement requires all
new construction obtain conditional use permit approval.
In 2002, a conditional use permit (CUP-02-034) and a certificate of zoning compliance (CZC-02-
067) were approved to allow the construction of an 8,200 square foot medical office building.
In 2003, the property was further subdivided as the Gala Subdivision (PFP-03-001). The plat
consists of two (2) commercial lots on approximately 2.46 acres of land.
D. Utilities:
1. Public Works:
a. Location of sewer: NA
b. Location of water: NA
Treasure Valley Pediatrics CUP-13-001 PAGE 2
EXHIBIT A
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
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 subject property is currently developed with medical office which is an acceptable use in the
commercial designation. Since the use of the facility is not changing with the expansion of the
building and the surrounding area is developed with a mix of commercial uses, Staff is of the opinion
the property is developed 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 (Chapter
2, pg. 13).
Currently the site is developed with the required landscaping. With the construction of the
addition, the only changes to the landscaping will be the removal of sod along the north side
of the site. The required 35 foot landscape buffer adjacent to Overland Road should not be
disturbed. All landscaping near the construction zone must remain protected during
construction on the site.
• Implement design criteria to set quality standards City-wide (Chapter 2, pg. 13).
The applicant is proposing to construct a 2,265 square foot building addition. At the time this
project was approved the City did not have well defined design review standards therefore,
the recorded development agreement required detailed CUP approval for any construction or
improvements on the property.
Since the adoption of the Meridian Design Manual, the UDC requires administrative design
review approval for the proposed building addition. The design manual requires
nonresidential buildings to be constructed of high quality materials. Currently the existing
building is constructed of stucco and has design features such as decorative corbels, wrapped
eaves and a stone wainscot.
The proposed building addition emulates the design of the existing building and incorporates
the same design features. Staff is supportive of the proposed building addition design as
proposed.
• Ensure that high-quality emergency care, primary, outpatient, home, and long-term care and
other types of health care are provided in the community (Chapter 2, pg. 15).
This area of Meridian is developed with a mix of medical off ce, restaurants and retail uses.
Treasure Valley Pediatrics CUP-13-001 PAGE 3
EXHIBIT A
The expansion of this facility indicates there is additional need for this service in Meridian.
For the above-stated reasons, staff is of the opinion the proposed use 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) 11-2B-21ists 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:
The applicant requests conditional use permit (CUP) approval to construct a 2,265 square foot
addition to the existing 8,200 square foot medical office building. The recorded development
agreement for the site requires CUP approval for any site improvements or construction on the
site. It is important to note that the existing medical office use is a principally permitted use in the
L-O zone and the establish use on the property is not changing.
All site improvements (landscaping and parking area) were installed during the first phase of
construction for the medical office. This next phase of construction should have minimal
disruption to the site and landscape improvements. The only modification to the landscaping will
be the removal of sod along the north side of the building. All other landscaping on the site must
remain protected during construction.
The applicant is not proposing any modifications to the existing parking area. Currently, the site
is developed with forty-seven (47) parking stalls. The UDC requires one parking stall per 500
square feet of gross floor area. The combined square footage of the existing building and the
proposed addition is approximately 10,485 square feet. Based on the combined square footages,
only 21 stalls are required by ordinance. Because the site exceeds the minimum parking stalls
required by ordinance, staff is of the opinion the site is adequately parked.
The applicant has submitted a color rendering of the proposed building addition. The proposed
addition incorporates the same building materials (stucco, architectural shingles and decorative
corbels) as the existing building. Staff believes the proposed addition contributes to the cohesive
design of the building. Therefore staff is supportive of the elevations as proposed.
Prior to the construction of the addition, the applicant is required to obtain approval of a
certificate of zoning compliance and administrative design review applications.
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity Map
Treasure Valley Pediatrics CUP-13-001 PAGE 4
EXHIBIT A
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
Treasure Valley Pediatrics CUP-13-001 PAGE 5
EXHIBIT A
Exhibit A1: Vicinity Map
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EXHIBIT A
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Treasure Valley Pediatrics CUP-13-001 PAGE 7
EXHIBIT A
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Treasure Valley Pediatrics CUP-13-001 PAGE 8
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Treasure Valley Pediatrics CUP-13-001 PAGF, 9
EXHIBIT A
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant shall comply with all previous conditions of approval associated with this site
(CUP-02-034, CZC-02-067, PFP-03-001 and DA #100056508).
1.2 Prior to the issuance of a building permit for the addition, the applicant is required to obtain
approval of a certificate of zoning compliance and administrative design review applications.
1.3 The applicant shall have a maximum of two (2) years to commence the construction of the
addition 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-SB-6F.
1.4 Staff's failure to cite specific ordinance provisions or terms of previous approvals does not relieve
the applicant of responsibility for compliance.
1.5 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.
1.6 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.
1.7 The building addition constructed on this site shall substantially comply with the renderings
submitted to the City with the CUP application.
1.8 All landscaping near the construction zone 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 11-3B-10.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works 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. REPUBLIC SERVICES
5.1 Republic Services has no concerns with this application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no concerns with this application.
Treasure Valley Pediatrics CUP-13-001 PAGE 10
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 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 existing use and the expansion of the building are 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 building expansion 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 building expansion 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 expansion 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.
Treasure Valley Pediatrics CUP-13-001 PAGE 11
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, the Commission finds that the proposed building
expansion will not result in the destruction, loss or damage of any natural, scenic or historic
feature of major importance.
Treasure Valley Pediatrics CUP-13-001 PAGE 11