CC - Applicant Response to Staff ReportAPPLICANT SUBMITTAL FOR VILLASPORT IN RESPONSE TO STAFF REPORT
H-2018-0121 (MDA); H-2019-0011; H-2019-0032 (VAR)
VillaSport is a resort -style athletic club and spa proposed on the southwest corner of Eagle and
Ustick (the "Project"). Initially, the applicant filed applications for a development agreement modification
and a conditional use permit. P&Z approved the CUP with conditions and the applicant filed a request for
council review. On February 19' the development agreement modification and the council review came
before the Council. The Council continued the hearing for applicant to submit a variance application to
address setback issues, which the applicant did on March 4th. All three applications will come before the
Council on April 2nd. This written submission outlines the variance and council review and also responds
to the Staff Report for the April 2nd hearing and the proposed findings and conditions.
A. Variance
The applicant requests a variance from two setback standards in the UDC:
1. That outdoor recreation areas be setback 100 feet from abutting residential districts;
and
2. That no an outdoor event or activity center be located within 50 feet of a property line.
The Staff Report includes various measurements that need correction. The table below illustrates
the setbacks proposed by the Applicant:
The UDC allows the Council to grant a variance from these setback standard where the variance:
(i) does not grant a right or special privilege; (ii) will relieve a hardship caused by site characteristics; and
(iii) will not be detrimental to the public health and safety. The staff report concludes that (ii) and (iii) are
met but that the findings for (i) cannot be made. The finding for (i) can be made because the actual site
characteristics warrant a variance. Both the UDC and LLUPA allow for a variance under the circumstances.
The applicant's requested revisions to the proposed conditions for the development agreement
modification and findings for the variance request are shown in redline format in Exhibit A.
B. Council Review of Conditional Use Permit
With the CUP review, the applicant seeks the Council's approval to:
1. Waive UDC § 11-3A-13 to allow applicant to place outdoor speakers within 100 feet
of the residential district to the south provided that (i) such speakers face away from
that residential district and (ii) the hours of use are limited to 8:00 AM to 9:00 PM.
This is allowed with a CUP under UDC § 11-3A-13; and
2. Extend the hours of operation from 6:00 AM - 11:00 PM to 5:00 AM - 11:00 PM for
the outdoor adult lap pool. This is allowed with a CUP under UDC § 11 -2B -3-A-4.
Portions of the Council Review application dealing with setback issues are now addressed instead by the
applicant's variance requests. The revisions the applicant seeks to the P&Z's CUP conditions are shown in
redline format in Exhibit B.
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Edge of Pool Deck
Turf Area
Property Line
6 feet
11 feet
Centerline of Picard St.
52 feet
34 feet
Nearest Residential Lot
77 feet
60 feet
The UDC allows the Council to grant a variance from these setback standard where the variance:
(i) does not grant a right or special privilege; (ii) will relieve a hardship caused by site characteristics; and
(iii) will not be detrimental to the public health and safety. The staff report concludes that (ii) and (iii) are
met but that the findings for (i) cannot be made. The finding for (i) can be made because the actual site
characteristics warrant a variance. Both the UDC and LLUPA allow for a variance under the circumstances.
The applicant's requested revisions to the proposed conditions for the development agreement
modification and findings for the variance request are shown in redline format in Exhibit A.
B. Council Review of Conditional Use Permit
With the CUP review, the applicant seeks the Council's approval to:
1. Waive UDC § 11-3A-13 to allow applicant to place outdoor speakers within 100 feet
of the residential district to the south provided that (i) such speakers face away from
that residential district and (ii) the hours of use are limited to 8:00 AM to 9:00 PM.
This is allowed with a CUP under UDC § 11-3A-13; and
2. Extend the hours of operation from 6:00 AM - 11:00 PM to 5:00 AM - 11:00 PM for
the outdoor adult lap pool. This is allowed with a CUP under UDC § 11 -2B -3-A-4.
Portions of the Council Review application dealing with setback issues are now addressed instead by the
applicant's variance requests. The revisions the applicant seeks to the P&Z's CUP conditions are shown in
redline format in Exhibit B.
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1W4111ai11I1
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
1. Development Agreement Modification. A new Development Agreement (DA) is
required as a provision of the request for a modification to the existing DA to exclude this
property from the existing agreement (Inst. 108008770). A new DA shall be entered into
between the City of Meridian, the Property Owner(s), and the Developer. A CZC and DES
application shall not be submitted to the City until the DA is approved by City Council
and recorded.
Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to
commencement of the new DA. The DA shall be signed by the property owner and returned
to the Planning Division within six (6) months of the City Council granting approval of the
development agreement modification. The DA shall, at minimum, incorporate the
following provisions:
a. The subject property shall be excluded from the terms of the Development
Agreement recorded as Instrument No. 108008770 for Sadie Creek Commons.
b. Future development of this site shall be generally consistent with the conceptual
development plan and building elevations included in Section VII, the conditions
of approval of the conditional use permit (H-2018-0121), and the provisions
contained herein.
c. The future structures and site design submitted with subsequent Certificate of
Zoning Compliance and Design Review applications shall comply with the
standards listed in UDC 11-3A-19 and the Architectural Standards Manual.
d. The athletic club is required to comply with the specific use standards listed in
UDC 11-4-3-2, Arts, Entertainment or Recreation Facility, Indoors and Outdoors
subject to any conditional use permits, variances, or other approvals from the City
that allow for a deviation from the specific use standards listed in UDC 11-4-3-2.
e. No outdoor event or activity center, including but not limited to the swimming
pools, shall be located within ftft�-six feet (5062) of any property line and shall
operate only between the hours of 4x-4 o'clock (64:00) A.M. and eleven12 o'clock
(4- 12:00) gA.M. for indoor activities and 5 o'clock (5:00) A.M. and 11 o'clock
(11:00) P.M. for outdoor activitiesas-set feAhit UPC; 11 4 3zzAi.
f. All outdoor recreation areas and structures that are not fully enclosed shall
maintain a minimum setback of one hundred feet (100) from any abutting
residential districts as set forth in UDC 11-4-3-2A.1i- except that the edge of the
adult lan swimming Dool deck shall maintain a 6 foot setback from anv abutting
residential districts and the outdoor turf area -shall maintain a 11 foot setback from
any abutting residential districts.
g. An outdoor stage or musical venue is prohibited on this site as the site is within
1,000 feet of a residential district and such uses are not allowed, unless approved
through a conditional use permit as set forth in UDC 11-4-3-2C.
h. Outdoor speaker systems associated with the athletic club (i.e. outdoor
entertainment/recreation facility) shall be depicted on the plans. Any outdoor
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speakers designed and located within 100 feet of a residential district shall: (i) be
directed away from the residential district; and 00 not be operated between the
hours of 9:00 PM and 8:00 AM -1 roa *" be 10eated R ffliflifflUffl Of 100
feet ftoni all residential districts, unless A� waived thfough appFoval
of a eonditional tise pefmit per- UPC 11 3A 13.
i. Construct a 6 -foot tall masonry screen wall along the west boundary of the site
consistent with that constructed on the adjacent property to the south as shown on
Detail #4, Sheet L1.50 of the landscape plan included in Section VII.B.
j. Retail and restaurant uses shall be allowed as accessory uses to the athletic club
and may serve members of the club as well as the public.
k. A cross-access/ingress-egress easement shall be granted from this site to the
property to the south as well as to the out -parcel to the east (#S 1105110025). A
recorded copy of said easement(s) shall be submitted to the Planning Division with
the Certificate of Zoning Compliance application.
B. THE PROPOSED DRIVEWAY ACCESS VIA E. USTICK RD. IS NOTALLOWED UNLESS A WAIVER IS
APPROVED BY CITY COUNCIL TO UDC 11-3A-3, WHICH LIMITS ACCESS VIA ARTERIAL
STREETS WHEN ACCESS VIA A LOCAL STREET IS AVAILABLE.
a. Direct access via N. Eagle Rd./SH 55 and E. Ustick Rd., other than the accesses
approved by City Council with this application, is prohibited as set forth in UDC
11- 3H -4B.
b. A 10 -foot wide multi -use pathway within a public use easement and pedestrian
lighting and landscaping is required to be provided within the street buffer along
N. Eagle Rd./SH 55 in accord with the standards listed in UDC 11 -3H -4C.3.
c. All of the frontage improvements (i.e. street buffers, sidewalks, pedestrian lighting,
etc.) on this site along E. Ustick Rd. and N. Eagle Rd./SH 55 shall be installed with
the first phase of development.
IX. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE (11-5114E)
The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed
in Section 11 -5B -4.E of the UDC to review the variance request. In order to grant a variance, the
Council shall make the following findings:
A. THE VARIANCE SHALL NOT GRANT A RIGHT OR SPECIAL PRIVILEGE THAT IS NOT OTHERWISE
ALLOWED IN THE DISTRICT:
in regard to the variance to UDC 11 4 3 2A.1 for-the-setbaek to the pool area, Staff finds gFanting
a vafia-nee WOHId gr-apA a right E)r- speeial pr-ivilege that is not other -wise allowed in the distr-i
for- the tuff area, Staff finds granting a var4anee would not grant a right of speeial pr-ivilege that
is not othefwise allowed in the distriet based on the inter-pfetation in Seetion V. that the intent of
thepr-ovisianet
in regard to the varianee to UDC 11 4 3 2A.2, Staff finds granting a var-iaiiee w0tild iiot gfafit
a right of speeial pfivilege that is not other -wise allowed in the distriet based on the
in Seetio V that toe inteat of the pr-ovision is et
The Council finds the variance does not grant a right or special privilege. The requested variance
will not grant a right or special privilege because the actual site characteristics, such as the
existing irrigation facilities, easements, and public utilities, necessitate the variance and because
the variance will not be detrimental to the public health, safety, or welfare as further detailed in
sections B and C of these findings below.
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B. THE VARIANCE RELIEVES AN UNDUE HARDSHIP BECAUSE OF CHARACTERISTICS OF THE SITE;
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The Council finds the variance is required to relieve an undue hardship caused by the
characteristics of the site. The buildable area of the property is constrained by the Milk Lateral,
an existing irrigation facility that runs diagonally across the property. As part of the VillaSport
project, the Milk Lateral is being buried and relocated. Due to the topography of the property,
the Milk Lateral cannot moved any further north. For ongoing maintenance purposes, no
structure can be placed over the Milk Lateral. Instead, the project will construct drive isles and
parking areas over the Milk Lateral so that it remains accessible. The location of the Milk Lateral
in the center of the property forces the project improvements to the southern portion of the
property. An Idaho Power facility along Ustick Road on the north side of the property and a
cross access easement to Centrepoint Way on the east side of the property further constrain the
buildable area to the south west corner of the property. Strict adherence to the setbacks in the
applicable specific use standards would result in an undue hardship to any development of this
property by drastically reducing the buildable area of the propertypreventing use of the
property for the proposed and allowed use.
C. THE VARIANCE SHALL NOT BE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY, AND WELFARE.
The Council finds the variance will not be detrimental to the public health, safety, or welfare.
First, the residential district to the south is separated from the property by an existing 6 -foot
wooden fence, mature landscaped trees, and a local street. The nearest residential lot is
approximately 100 feet from the outdoor lap pool and approximately 60 feet from the outdoor
turf area. The adult lap pool and the turf area will not produce material noise or light, and the
Applicant is taking steps to mitigate noise through the use of canopies and umbrellas and to
mitigate light through the use of directional lamps facing downward. An additional 6 -foot
landscape buffer will also be added in connection with the project that will further mitigate noise
and light to the surroundings. The Project will be fully fenced along the southern boundary of
the Property with a 8 -foot fence and the uses will be fully contained on the property. The
residential district to the south is also in an unusual location. Typically zoning district boundaries
are set on the centerline of public streets. In this case, the zoning district line encroaches right of
to the Property boundary line. For these reasons, the variances will not be detrimental to the
public health, safety and welfare.
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10,14,5111,1 18 t3
XIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
2. Conditional Use Permit.
2.1 The site/landscape plan submitted with the Certificate of Zoning Compliance
application shall be revised to comply with the following conditions:
a. All outdoor recreation areas and structures that are not fully enclosed shall
maintain a minimum setback of one hundred feet (100) from any abutting
residential districts as set forth in UDC 11 -4 -3 -2A.1; -except that the edge of the
adult lap swimming pool deck shall maintain a 6 foot setback from any abutting
residential districts and the outdoor turf area shall maintain an 11 foot setback from
M abutting residential districts. The ission interpreted the sethae
fneasufemeiit to be ftem any r-esidepAial pr-apefty line with a home, rather- than fr
a residential distfiet
b. Depict/label a 6 -foot tall masonry screen wall along the west boundary of the site
consistent with that shown on Detail #4, Sheet L1.50 of the landscape plan.
c. l€-a+rOeutdoor speaker system(s) is shall be depicted
on the plans 4 least inn feet f.,.,.. allr-esidefAial dist fiefs niers , oa tL...,,,,,.L.
appreval- of eenditionaliter UDC 11 3 -13. Any outdoor speaker
designed and located within 100 feet of a residential district shall: (i) be directed
away from the residential district; and (ii) not be operated between the hours of
9:00 PM and 8:00 AM.
d. The outdoor event or activity center, which includes but is not limited to the
swimming pools, shall not be located within €4y3 ix feet (6-50') of any property
line and shall operate only between the hours of si*-four o'clock (46:00) A.M. and
-twelve o'clock (4412:00) PA_.M. for indoor activities and 5 o'clock (5:00)
A.M. and 11 o'clock (11:00) P.M. for outdoor activities. as fei4h in UDG 11
Wizn32n2
.
e. The outdoor swimming pools shall be completely enclosed within a six foot (6)
non -scalable fence that meets the requirements of the building code in accord with
title 10, chapter 1, of Meridian City Code as set forth in UDC 11-4-3-2B.
f. Depict a detached 5 -foot wide sidewalk along E. Ustick Rd., an arterial street, east
of N. Centrepoint Way; and an attached 5 -foot wide sidewalk along N. Centrepoint
Way, a local street, in accord with UDC 11-3A-17. An attached sidewalk shall also
be required along the north/south driveway via Ustick Rd. if the access via Ustick
is approved by City Council.
g. Parking lot design shall comply with the standards listed in UDC 11-3A-19B.3a,
which requires no more than 50% of the total off-street parking area for the site to
be located between building facades and abutting streets.
h. Traffic calming measures shall be provided where vehicle circulation is directed
in front of the building entries.
i. A continuous internal pedestrian walkway that is a minimum of 5 feet in width is
required to be provided from the perimeter sidewalk to the main building
entrance(s) and be distinguished from the vehicular driving surfaces through the
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use of pavers, colored or scored concrete, or bricks as set forth in UDC 11 -3A -
19B.4.
j. A 35 -foot wide street buffer is required along E. Ustick Rd. and N. Eagle Rd.,
entryway corridors, in accord with UDC Table 11-213-3; landscaping is required
in accord with the standards listed in UDC 11 -3B -7C. Correct the calculations table
to reflect the required width.
k. A pedestrian walkway shall be extended from the sidewalk along the east side of
N. Cajun Way along the driveway into this site to the main building entrance. Note:
There is a 30+/- foot long gap in the sidewalk along N. Cajun Way off-site to the
south that should be completed with this development with consent from the
adjacent property owner in order to provide a continuous pedestrian connection.
1. Depict a 25 -foot wide buffer to the residential use along the south boundary of the
site on the west side of Centrepoint Way as set forth in UDC Table 11-213-3,
landscaped per the standards listed in UDC 11 -3B -9C.
in. Depict landscaping within the parkway area along Ustick Rd. west of Centrepoint
Way in accord with the standards listed in UDC 11-313-7C. Easement(s) shall be
submitted with the first Certificate of Zoning Compliance application.
2.2 The hours of operation of the athletic club and spa are limited to the hours between 7
4:00 am and midnight (12:00 am) for indoor activities and 65:00 am to 11:00 pm for
outdoor activities, with outdoor music limited to the hours between 9:00 am and 10:00
pm as approved with this application.
2.3 A 10 -foot wide multi -use pathway within a public use easement and pedestrian lighting
and landscaping is required to be provided within the street buffer along N. Eagle
Rd./SH 55 in accord with the standards listed in UDC 11 -3H -4C.3.
2.4 The proposed driveway access via E. Ustick Rd. is not allowed unless a waiver is
approved by City Council to UDC 11-3A-3, which limits access via arterial streets
when access via a local street is available. Note: Council review of this access will
take place with the associated MDA application.
2.5 A cross -access easement shall be granted from this site to the property to the south as
well as to the out -parcel to the east (#S1105110025). A copy of the recorded
easement(s) shall be submitted with the first Certificate of Zoning Compliance
application.
2.6 The property boundary adjustment (#A-2018-0361) application shall receive final
approval prior to submittal of the Certificate of Zoning Compliance application.
2.7 A Certificate of Zoning Compliance and Design Review application is required to be
submitted and approved prior to submittal of a building permit application. Plans
submitted with these applications should comply with UDC standards and the design
standards in the Architectural Standards Manual.
2.8 The conditional use permit is approved contingent upon City Council approval of the
associated modification to the Development Agreement.
2.9 The Applicant shall work with Planning Staff to create a sound buffer that will mitigate
some of the noise concerns between the pool area and neighboring homes.
20
odestfi ,n aeeess to two f edit. f e the west p.,,-k4ng4, ,
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