Staff ReportItem #4L: Terror Design Studios (CUP-13.014)
Application(s):
- Conditional Use Permit
Size of property, existing zoning, and location: The subject property is developed industrial property, zoned
I-L. The property is 1.24 acres and is located at 742 and 760 E King Street
Adjacent Land Use & Zoning:
North: Developed property zoned I-L
East: Developed property zoned I-L
South: Developed property zoned I-Land C-G
West: Developed property zoned I-L
History: This property was subdivided in 1995 as part of the Meridian Business Park Subdivision. The structure, parking and
landscaping on the property were approved though CZC-03-054 as an office/warehouse facility.
Summary of Request: The applicant is requesting conditional use permit (CUP) approval to operate an indoor recreation facility in the
I-L zone
Comprehensive Plan FLUM Designation: Industrial
Written Testimony: Steve Hill (property owner) indicating agreement with the staff report and conditions.
Staff Recommendation: Approval w/conditions
Notes:
STAFF REPORT
Hearing Date:
TO:
FROM:
SUBJECT:
December 19, 2013
Planning and Zoning Commission
Justin Lucas, Planning Supervisor
208-884-5533
CUP-13-015 -Terror Design Studios
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I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant is requesting conditional use permit (CUP) approval to operate an indoor recreation
facility in the I-L zone on approximately 1.24 acres. The applicant currently operates a light
manufacturing company that specializes in the fabrication of items related to the haunted attraction
industry at this location and proposes to enhance and expand the business by operating a seasonal
`'Haunted House" open to the general public for a fee. The haunted house portion of the business
requires CUP approval in the 1-L zone. 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.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-13-
O15 as presented in the staff report for the hearing date of December 19, 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-13-015
as presented during the hearing on December 19, 2013, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number CUP-13-015 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specitc reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location (Parcel #s 85672030430, 85672030410):
The subject property is located at 742 and 760 E King Street (Lots 13 and 14, Block 2, Meridian
Business park Subdivision); Section 07, Township 3 North, Range 1 East.
B. Applicant:
Brian Spangler
760 E King Street, Suite 101
Meridian, ID 83642
C. Owner:
M&S Properties (Steven A Hill)
Terror Design Shidios CUP-13-O15 PAGE 1
760 E King St, Suite 107
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 and Zoning Commission on this matter, consistent with Meridian City Code Title 1 1,
Chapter 5.
B. Newspaper notifications published on: December 2, and 16, 2013
C. Radius notices mailed to properties within 300 feet on: November 21, 2013
D. Applicant posted. notice on site by: December 9, 2013
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject property is developed industrial property, zoned
I-L.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This area is dominated by
light industrial uses.
C. History of Previous Actions:
This property was subdivided in 1995 as part of the Meridian Business Park Subdivision. The
structure, parking and landscaping on the property were approved though CZC-03-054 as an
office/warehouse facility.
D. Utilities:
1. Public Works: No issues
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: The subject property is within flood zone AE. Any issues related to the flood
zone will be addressed during the building permit process.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is currently designated `'h~dustrial" on the Comprehensive Plan Future Land Use
Map. The Industrial designation allows a range of industrial uses to support industrial and commercial
activities and to develop areas with sufficient urban services. Light industrial uses may include
warehouses, storage units, light mamifacturing, and incidental retail and office uses.
The applicant is proposing to operate a seasonal indoor recreation facility (haunted house) as part of
the existing fabrication business on this site. Staff asserts that the proposed use is consistent with the
Comprehensive Plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• Require all commercial and industrial businesses to install and maintain landscaping
(2.01.03B, Chapter 2, pg. 14).
Terror Design Studios CUP-13-O15 PAGE 2
The parking lot and perimeter landscaping installed previously will remain undisturbed with
the addition of the proposed use on this the site.
• `'Encourage industrial development to locate adjacent to existing industrial uses." (3.06.01 C)
This area is dominated by industrial uses. The proposed seasonal haunted house supports an
existing fabrication business and will have primary hours of operation that should not
conflict tivith the other indush~ial arses in this area.
• "Locate industrial and commercial uses where adequate water supply and water pressure are
available for fire protection." (3.04.02A)
There is adequate water supply and pressure available to this site.for,fre protection.
• Permit new development only where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City." (3.01.01 F, pg. 45)
City services are already serving the property.
• Plan for a variety of commercial and retail opportunities within the hr~pact Area (3.05.01 J,
Chapter 3, pg. 51).
Staff believes that the proposed indoor recreational use will contribzate to the variety of uses
in this area and will be compatible with the existing industrial uses in this area.
For the above-stated reasons, staff believes the proposed office park is consistent with the applicable
comprehensive plan policies and is appropriate in this location.
VIII. UNIFIED DEVELOPMENT CODE
A. The purpose of the I-L (Light Industrial) district is to provide for convenient employment centers
of light manufacturing, research and development, warehousing, and distributing. In accord with
the Meridian comprehensive plan, the I-L district is intended to encourage the development of
industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are
operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation
systems is a requirement of this district.
B. Schedule of Use: Unified Development Code (UDC) l 1-2C-2 lists the permitted, accessory,
conditional, and prohibited uses in the I-L zoning district.
C. Dimensional Standards: The dimensional standards listed in UDC Table 1 1-2C-3 for the I-L
zoning district apply to development of this site.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
CUP: The applicant requests conditional use permit (CUP) approval to operate an indoor
recreation facility (haunted house) in the 1-L zone. The applicant proposes to use the existing
building on this site for the proposed use and is not cun-ently proposing any changes to the
building footprint or exterior elevations.
Site Plan: The submitted site plan depicts one existing 12,288 s.f. industrial/office building. The
applicant is proposing to use a portion (3,400 s.f.) of the existing building for light manufacturing
and a seasonal haunted house/product showroom. There are currently other tenants that occupy
the remainder of the building. The proposed conditional use permit will apply to the entire
building which allows the applicant to expand the business within the existing building footprint
without seeking additional CUP approval.
Terror Design Studios CUP-13-015 PAGE 3
Parking: Parking for the seasonal haunted house is one of the primary concerns with this
application. Only six (6) parking spaces are required for the existing building within the I-L zone.
The proposed use will create a higher parking demand than the standard industrial uses in this
area. Based on the applicants proposed parking plan there are 24 spaces available on the site, 30
on-street spaces along King Street, and 225 spaces within the Andon Business Center (across the
street from the site) that are available for public parking for the haunted house. The applicant has
a verbal agreement with the owners of the Andon Business Center to use their parking. Staff is
supportive of the applicant's proposed parking plan.
Seasonal Use and Hours of Operation: The haunted house is being proposed as a seasonal use
open in the fall (September-November) with most activity occurring during the month of October.
During the season the applicant is proposing the haunted house to be open Monday-Sunday from
5:00 pm to 12:00 am. These hours of operation should not conflict with normal business hours in
this area and are appropriate for this type of use. The proposed hours of operation should also
help with parking detnand because most of the employees of the adjacent businesses will not need
parking atter 5:00 pm.
Landscaping: The site appeals to comply with the landscaping requirements set forth in Section
3, Article B of the UDC. No new landscaping is proposed or required with this application.
Outdoor Lighting: No additional outdoor lighting is proposed or approved with this application.
if outdoor lighting is used in conjunction with this use it should comply with the standards for
Outdoor Lighting described in UDC 1 1-3A-1 1.
Certificate of Zoning Compliance: Due to the fact that the proposed indoor recreational facility
use is combined with an existing fabrication/manufacturing use and no site or exterior building
modifications are proposed a Certificate of Zoning Compliance application will not be required to
commence the proposed use on this site. All interior modifications (tenant improvements)
associated with the haunted house use must receive all required permits and inspections from the
Building Division of the Community Development Department prior to operation of the haunted
house.
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Site Plan/Floor Plan
3. Parking Plan
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
Terror Design Studios CUP-li-015 PAGL 4
Exhibit A.l :Vicinity Map
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Exhibit A.2: Site Plan/Floor Plan
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Exhibit A.3: Parking Plan
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B. Conditions of Approval
L PLANNING DEPARTMENT
1.1 The applicant shall comply with all conditions of approval for CZC-03-054.
1.2 The site plan labeled Exhibit A.2 is approved with the following conditions:
a. No changes to the landscaping and parking areas are approved with this application.
1.3 The parking plan labeled A.3 is approved as proposed.
1.4 The indoor recreation facility use (haunted house) shall be restricted to seasonal operation during
the fall months (September-November). During these months the haunted house shall be allowed
to operate from Monday-Sunday from 5:00 pm to 12:00 am.
1.5 The applicant shall have a maximum of two (2) years to commence the use of the site as
permitted in accord with the conditions of approval listed herein. If the use has not begun within
two (2) years of approval, a new conditional use permit must be obtained prior to operation or a
time extension must be requested in accord with UDC 11-SB-6F.
1.6 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility
for compliance.
1.7 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.
1.8 The applicant shall comply with the access to street standards in accord with UDC 11-3A-3.
1.9 All interior modifications (tenant improvements) associated with the haunted house use must
receive all required permits and inspections from the Building Division of the Community
Development Department prior to operation/occupancy of the haunted house.
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.
Terror Design Studios CUP-13-015 PAGE 8
C. Required Findings from Unified Development Code
1. Conditional Use Permit (LTDC 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.
Staff finds that the subject property is large enough to accommodate the proposed addition
which complies with the dimensional and development regulations of the I-L 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.
Staff finds that the proposed seasonal indoor recreational facility (haunted house) is
consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map
designation of Industrial 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.
Staff finds that if the applicant complies with the conditions outlined in this report, the
proposed seasonal indoor recreational facility (haunted house) 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.
Staff finds that if the applicant complies with the conditions outlined in this report, the
proposed seasonal indoor recreational facility (haunted house) 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.
Staff finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently
provided to the subject property. Services will not change with the development of the site.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the applicant will be financing any improvements required for development.
Staff 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.
Terror Design Studios CUP-13-015 PAGE 9
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.
Staff finds the seasonal indoor recreational facility (Haunted House) as conditioned 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.
Staff finds that there should not be any health, safety or environmental problems associated
with the existing use. Further, staff finds that the proposed seasonal indoor recreational
facility (Haunted House) will not result in the destruction, loss or damage of any natural,
scenic or historic feature of major importance.
Terror Design Studios CUP-13-015 PAGE 15