Findings for Approval Terror Design StudioCITY OF MERIDIAN E IDIAN^--
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Conditional Use Permit for Terror Design Studios, Located at 742
and 760 E King Street in the I-L Zoning District, by Brian Spangler.
Case No(s). CUP-13-015
For the Planning & Zoning Commission Hearing Date of: December 19, 2013 (Findings on
January 16, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 19, 2013, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 19, 2013, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 19,
2013, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 19, 20l 3, 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 (LC. §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 § I 1-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-13-015
Page 1
That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of December 19, 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 & 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 conditionally approved per the
conditions of approval in the attached staff report for the hearing date of December 19, 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 l 1-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 December 19, 2013
CITY OP MEKIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-l3-O15
Page 2
~~
B action of the Planning & Zoning Commission at its regular meeting held on the I lQ day of
2014.
COMMISSIONER STEVEN YEARSLEY, CHAIRMAN VOTED
COMMISSIONER JOE MARSHALL, VICE CHAIRMAN VOTED
COMMISSIONER MICHAEL ROHM VOTED ~, (J~
COMMISSIONER SCOTT FREEMAN VOTED
COMMISSIONER MACY MILLER VOTED
Steven Yearsley, Chai n
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Attest: ~~c c~'s~,
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Jaycee Holman, City Clerk ~ y„ S~ "O
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Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
BY~ ~ Dated: ~,
City Clerk's ice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-13-015
Page 3
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
(~E IDIAN;---
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 hatmted house portion of the business
requires CUP approval in the I-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.
The Meridian Planning and Zoning Commission heard this item on December 19 2013. At the
public hearing, the Commission moved to approve the subject Conditional Use Permit request
a. Summary of Commission Public HearinE:
i. In favor: Brian Spangler
ii. In opposition: None
iii. CommentinE: None
iv. Written testimony: None
v. Staff presenting application: Justin Lucas
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. None
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-
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, l move to deny File Number CUP-13-015
as presented during the hearing on December 19, 2013, for the following reasons: (You should state
specifrc reasons for denial.)
Terror Design Studios CUP-13-015 PAGE 1
Continuance
1 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 specific 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)
760 E King St, Suite 107
Meridian, ID 83642
D. Applicant's Statement/Justification: Please see applicant's narrative for this info--mation.
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 11,
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
Terror Design Studios CUP-13-015 PAGE 2
zone will be addressed during the building permit process.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is currently designated "Industrial" 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 manufacturing, 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).
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 arses. The proposed seasonal haz~nted house supports an
existing fabrication business and will have primary hours of operation that should not
conflict with the other industrial zrses 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 fire protection.
• Permit new development only where urbatl services can be reasonably provided at the time of
final approval and development is contiguous to the City." (3.O1.OIF, pg. 45)
City services are already serving the property.
• Plan for a variety of commercial and retail opportunities within the Impact Area (3.05.011,
Chapter 3, pg. 51).
Staff believes that the proposed indoor recreational use will contribute 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) 1 I-2C-2 lists the permitted, accessory,
conditional, and prohibited uses in the I-L zoning district.
Terror Design Studios CUP-13-O15 PAGE 3
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2C-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 l-L zone. The applicant proposes to use the existing
building on this site for the proposed use and is not currently 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.£) 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.
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 St<•eet, 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 demand because most of the employees of the adjacent businesses will not need
parking after 5:00 pm.
Landscaping: The site appears 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 I 1-3A-I 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 ha~mted
house.
Staff recom-nends approval of the proposed CUP with the conditions listed in Exhibit B.
X. EXHIBITS
A. Drawings
Terror Design Studios CUP-13-015 PAGE 4
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-13-015 PAGE 5
Exhibit A.1: Vicinity Map
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Terror Design Studios CUP-13-O15 PAGE 6
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Terror Design Studios CUP-13-015 PAGE 7
Exhibit A3: Parking Plan
Terror Design Studios CUP-13-015 PAGE 8
B. Conditions of Approval
1. 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 ptn 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.
l .9 All interior modifications (tenant improvements) associated with the haunted house use must
receive all required permits and inspections fro-n the Building Division of the Community
Development Department prior to operation/occupancy of the hatmted house.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with this application.
3. FIRE DEPARTMENT
3.1 The Fire Deparhnent 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 9
C. Required Findings from Unified Development Code
1. Conditional Use Permit (LTDC ll-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.
Commission 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.
Commission finds that the proposed seasonal indoor recreational facility (haunted house) is
consistent and harmonious with the UDC and Comprehensive Plan Fuhire 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.
Commission 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.
Commission 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.
Commission 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.
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.
Terror Design Studios CUP-13-015 PAGE 10
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