Z - Amended FindingsCITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
113 ly 113O _KII7 7.317
E IDIAN --
In the Matter of the Request for City Council Review of the Planning & Zoning Commission's
Decision on the Conditional Use Permit in Regard to the Conditions of Approval Associated with
UDC 11-4-3-2A.1, 11-3A-13 and 11-4-3-2A.2, by Sadie Creek Commons, LLC.
Case No(s). H-2018-0121 (CUP); H-2019-0011 (CR)
For the City Council Hearing Date of: April 2, 2019 (Findings on April 16, 2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of April 2, 2019, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of April 2, 2019, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of April 2, 2019,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of April 2, 2019, 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 City Council takes judicial notice of its Unified Development Code codified at
Title I I 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 § 11-5A.
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 Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development 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). H -2018-0121;H-2019-0011
Page 1
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of April 2, 2019, 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 City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
The applicant's request for City Council review of the Planning & Zoning Commission's decision
on the conditional use permit in regard to conditions associated with UDC 11-4-3-2A.1 and 1I-
4 -3-2A.2 pertaining to dimensional standards, setbacks, and locations of the building in relation
to property lines of the adjoining residential district was deemed by the City Attorney to only be
eligible for consideration through the Variance process as set forth in UDC 11-513-4. See H-2019-
0032 for more information.
2. The Applicant's request for City Council review of the Planning & Zoning Commission's
decision on the conditional use permit in regard to a condition (i.e. #2.Ic) associated with UDC
11-3A-13 is hereby approved in accord with the amended conditions of approval in the staff
report for the hearing date of April 2, 2019, 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 -5B -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 -5B -6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H -2018-0121;H-2019-0011
Page 2
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 April 2, 2019
By action of the City Council at its regular meeting held on the day of
2019.
14010101"1a 9. 119641QCleo 111l1lW 36]-4lisleMWI991El
COUNCIL VICE PRESIDENT LUKE CAVENER VOTED
1410181►[y1111019101: aI :\►1►1as:I1010_aZ010.1a7111. VSIIISIFC
COUNCIL MEMBER TY PALMER VOTED
COUNCIL MEMBER TREG BERNT VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD
(TIE BREAKER)
Mayor Tammy de Weerd
Attest:
Chris Johnson
Interim City Clerk
VOTED
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H -2018-0121;H-2019-0011
Page -1
Page 1
HEARING
DATE:
12/20/2018
TO: Planning & Zoning Commission
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2018-0121
Villasport
LOCATION: Southwest corner of E. Ustick Rd. and N.
Eagle Rd. in the NE ¼ of Section 5,
T.3N., R.1E.
Parcels: S1105110067; S1105110100
I. PROJECT DESCRIPTION
The Applicant requests a modification to the existing Development Agreement (DA) to remove the
subject property from the agreement and enter into a new agreement for the proposed development;
and a Conditional Use Permit (CUP) to operate an indoor/outdoor arts, entertainment or recreation
facility and spa from 5:00 4:00 am to 10:00 midnight (12:00 am) pm for indoor activities and 5:00 am
to 11:00 pm for outdoor activities (seasonal) in the C-G zoning district abutting a residential use and
district as required by UDC 11-2B-3A.4.
Note: The Planning & Zoning Commission is the decision making body on the CUP application; and
the City Council is the decision making body on the MDA application.
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
EXHIBIT A
Page 2
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 11.39
Future Land Use Designation MU-R (mixed-use regional)
Existing Land Use Vacant/undeveloped [temporary uses have been operating on
this site (i.e. fireworks, Christmas tree sales]
Proposed Land Use(s) Athletic club (i.e. indoor/outdoor entertainment/recreation
facility) and spa (i.e. personal service)
Current Zoning C-G
Proposed Zoning NA
Physical Features (waterways,
hazards, flood plain, hillside)
The Milk Lateral runs along north and east boundaries of site
Neighborhood meeting date; # of
attendees:
July 18, 2018; 6 attendees
History (previous approvals) ROS #6418 created the configuration of these parcels
approved by the City in 2004. AZ-05-052 (DA #108008770,
Sadie Creek Commons); PP-05-053 and CUP-05-049
(expired); VAR-05-022 (right-in/right-out access via Eagle
Rd.); A-2018-0361 (PBA – currently in process to reconfigure
the 2 existing parcels)
Page 3
B. Community Metrics
Page 4
Description Details Page
Ada County Highway District
Staff report (yes/no) Not yet received
Requires ACHD
Commission Action
(yes/no)
No
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
Traffic Impact Study (yes/no)
Traffic Level of Service
Stub Street/Interconnectivity/Cross
Access
Existing Road Network
Existing Arterial Sidewalks /
Buffers
Proposed Road Improvements
Distance to nearest City Park (+
size)
Distance to other key services
Fire Service
Distance to Fire Station 1.2 miles (Fire Station #3)
Fire Response Time 3 minutes (under ideal circumstances)
Resource Reliability 80% (does not meet target goal of 85%)
Risk Identification 4 (current resources would not be adequate to supply service
to this project)
Accessibility Meets all required road widths and turnarounds
Special/resource needs Requires an aerial device; the closest truck company is 9
minutes travel time (under ideal conditions). This need can be
met in the required timeframe if a truck company is required.
In the event of a hazmat event, high angle rescue or water
rescue, mutual aid will be required.
In the event of a structure fire, an additional truck company
will be required which will require additional time delays as
they are not available in the City.
Water Supply 1500 gallons/minute for 2 hours
Police Service
Distance to Police Station 3.3 miles
Police Response Time 3.59 Priority 3; 7.59 Priority 2; 12.56 Priority 1
Calls for Service 946 – mostly related to narcotic violations
% of calls for service split
by priority
1.4% Priority 3; 67.9% Priority 2; 28.1% Priority 1; 2.6%
Priority 0
Accessibility No issues
Specialty/resource needs No additional needs required
Crimes
Crashes 100 crashes within a mile of site (11/1/17 – 10/31/18)
Wastewater
Distance to Sewer Services
Sewer Shed
Estimated Project Sewer
ERU’s
WRRF Declining Balance
Page 5
C. Project Area Maps
Project Consistent with
WW Master Plan/Facility
Plan
Water
Distance to Water Services
Pressure Zone
Estimated Project Water
ERU’s
Water Quality
Project Consistent with
Water Master Plan
Impacts/Concerns
Grocery Store 0.8 mile
COMPASS (Communities in
Motion 2040 2.0)
250+/- new jobs
Future Land Use Map
Aerial Map
Zoning Map Planned Development Map
Page 6
III. APPLICANT INFORMATION
A. Applicant:
Sadie Creek Commons, LLC – 10789 W. Twain Ave. #200, Las Vegas, NV 89135
B. Owner:
Same as Applicant
C. Representative:
Tamara Thompson, The Land Group – 462 E. Shore Drive, Ste. 100, Eagle, ID 83616
IV. NOTICING
Planning & Zoning
Posting Date
City Council
Posting Date
Legal notice published in
newspaper 11/30/2018
Radius notification mailed to
properties within 300 feet 11/27/2018
Nextdoor posting 11/27/2018
Public hearing notice sign posted
on site 12/7/2018
V. STAFF ANALYSIS
The development agreement modification proposes to remove the subject property from the terms of
the existing development agreement [i.e. Inst. #108008770, AZ-05-052 Sadie Creek Commons] and
enter into a new development agreement for the proposed development.
The previously approved conceptual development plan was for a mixed use development consisting
of 150,000 square feet of commercial retail, restaurant and office uses (see Section VII.A). The
provisions in the DA pertain to that development plan and specifically this site.
Page 7
A new conceptual development plan and building elevations are proposed with the subject application
that demonstrates how the property is proposed to develop. The new plan proposes a 99,000+/- square
foot 2-story building for an athletic club and spa and a 15,300+/- square foot retail building;
associated parking for the proposed uses is also depicted (see Section VII.B).
A Conditional Use Permit (CUP) is proposed to operate an indoor/outdoor arts, entertainment or
recreation facility and spa from 5:00 4:00 am to 10:00 midnight (12:00 am) pm for indoor activities
and 5:00 am to 11:00 pm for outdoor activities (seasonal) in accord with UDC 11-2B-3A.4. The UDC
limits business hours of operation in the C-G district when the property abuts a residential use or
district; extended hours of operation may be requested through a CUP. This property abuts a
residential use and district to the south, thus the reason for the request.
A. Future Land Use Map Designation (https://www.meridiancity.org/compplan)
Mixed-Use Regional (MU-R)
The purpose of the MU-R designation is to provide a mix of employment, retail, and residential
dwellings and public uses near major arterial intersections. The intent is to integrate a variety of
uses together, including residential, and to avoid predominantly single use developments such as
a regional retail center with only restaurants and other commercial uses. Developments should
have a regional draw with the appropriate supporting uses. Developments are encouraged to be
designed according to the conceptual MU-R plan depicted in Figure 3-5 in the Comprehensive
Plan as shown below.
B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan):
The proposed development promotes the following action items contained in the Comprehensive
Plan:
“Plan for an encourage services like healthcare, daycare, grocery stores and recreational areas
to be built within walking distance of residential dwellings.” (2.01.01C)
“Develop indoor/outdoor multiple-use facilities (i.e. recreation center, fairgrounds, etc.) for a
variety of recreational, educational, cultural and sports purposes and uses.” (6.01.02D)
Page 8
“Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
“Require screening and landscape buffers on all development requests that are more intense
than adjacent residential properties.” (3.06.01G)
C. Existing Structures/Site Improvements:
There are no existing structures or improvements on this site.
D. Proposed Use Analysis:
The proposed athletic club is classified as an “arts, entertainment or recreation facility, outdoor”
and the spa is classified as a “personal service” in UDC 11-1A-1; both are listed as principal
permitted uses in the C-G district per UDC Table 11-2B-2.
E. Specific Use Standards (UDC 11-4-3):
The proposed athletic club is required to comply with the standards listed in UDC 11-4-3-2, Arts,
Entertainment or Recreation Facility, Indoors and Outdoors, as follows:
A. General Standards:
1. 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. The
playing areas of golf courses, including golf tees, fairways, and greens, are an exception
to this standard. (Ord. 07-1325, 7-10-2007)
The outdoor recreation area as shown on the site plan is within 100’ of the abutting
residential district to the south; the site plan submitted with the Certificate of Zoning
Compliance application should be revised to depict the recreation area at least 100’
from the residential district in accord with this requirement.
2. No outdoor event or activity center shall be located within fifty feet (50') of any property
line and shall operate only between the hours of six o'clock (6:00) A.M. and eleven
o'clock (11:00) P.M.
The site plan depicts the pool areas within 50’ of the northern and southern property
lines. The site plan submitted with the Certificate of Zoning Compliance application
should be revised to comply with this requirement. Note: The proposed property
boundary adjustment will alleviate this issue on the north boundary.
3. Accessory uses including, but not limited to, retail, equipment rental, restaurant and
drinking establishments, may be allowed if designed to serve patrons of the use only.
The Applicant’s narrative states the “VillaCafe” located near the front lobby will serve
both members and the public. Although the specific use standards don’t support
accessory uses that serve the public, because the C-G district allows retail and
restaurant uses as principal permitted uses, Staff is amenable to those uses serving
both members and the public as a provision of the DA.
4. Outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker
Systems", of this title, which states, “Any outdoor speaker system associated with the use
shall be located a minimum of 100 feet from all residential districts. No outdoor speaker
systems shall be allowed within a residential district. These standards may be waived
through approval of a conditional use permit.”
The Applicant should comply with this requirement.
Page 9
B. Additional Standards for Swimming Pools: Any outdoor swimming pool 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 this code.
A 6-foot tall non-scalable fence should be depicted on the site/landscape plan submitted
with the Certificate of Zoning Compliance application that complies with this requirement.
D. Additional Standards for Outdoor Stage or Musical Venue: Any use with a capacity of one
hundred (100) seats or more or within one thousand feet (1,000') of a residence or a
residential district shall be subject to approval of a conditional use permit. (Ord. 05-1170, 8-
30-2005, eff. 9-15-2005)”
Because a residential district and uses exist to the south within 1,000 feet, an outdoor stage
or musical venue is not allowed, unless otherwise approved through a subsequent
conditional use permit.
F. Outdoor Speaker Systems: Outdoor speaker systems associated with the use are required to be
located a minimum of 100 feet from all residential districts, unless waived through approval of a
conditional use permit per UDC 11-3A-13. If outdoor speakers are proposed, they should be
depicted on the site plan outside of the 100 foot area.
G. Dimensional Standards (UDC 11-2):
Future development should comply with the dimensional standards listed in UDC Table 11-2B-3
for the C-G district.
H. Access (UDC 11-3A-3):
Access is proposed to be provided to the site via two (2) accesses from E. Ustick Rd., an arterial
street – one via N. Centrepoint Way, an existing local street; and one via a new driveway in
alignment with N. Cajun Ln. to the south. Access is also available from the south from Eagle Rd.
via E. Seville Ln. from Cajun Ln. Note: The new access driveway via Ustick Rd. does not lie
entirely on this property; therefore, the proposed location relies on approval from the adjacent
property owner – in the absence of this, the driveway will need to be shifted to the west to be
entirely on this site.
The UDC (11-3A-3) limits access to arterial streets when access via a local street is available
unless approved by City Council. Because access to this site is available via two (2) local
streets (i.e. N. Centrepoint Way and N. Cajun Ln.), Council approval of this access is
required. Without Council approval, the access should not be allowed and the site plan
should be revised accordingly.
A cross-access easement exists to this site from N. Cajun Ln., the private street to the south via an
easement depicted on the Bienville Square Subdivision plat (Inst. #106169335; #109001537). A
cross-access easement should be granted from this site to the property to the south as well as
to the out-parcel to the east (#S1105110025).
I. Parking (UDC 11-3C):
Off-street parking is required to be provided on the site in accord with the standards listed in
UDC 11-3C-6B per the dimensions shown in Table 11-3C-5. In commercial districts, a minimum
of one vehicle space is required for every 500 square feet of gross floor area. Bicycle parking is
also required to be provided at one space for every 25 proposed vehicle spaces in accord with the
standards listed in UDC 11-3C-5C.
Page 10
Based on the overall square footage of the structures proposed (i.e. 114,300), a minimum of 229
vehicle spaces and 9 bicycle parking spaces are required to be provided. A total of 548 vehicle
spaces are proposed with 22 bicycle parking spaces in excess of UDC standards.
J. Pathways (UDC 11-3A-8):
A segment of the City’s multi-use pathway system (sidewalk) exists within this site along the
west side of N. Centrepoint Way in accord with the Pathways Master Plan.
A detached 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.
K. Sidewalks (UDC 11-3A-17):
A detached 5-foot wide sidewalk is required along E. Ustick Rd., an arterial street, east of N.
Centrepoint Way (a detached sidewalk exists along Ustick west of Centrepoint); attached 5-foot
wide sidewalks are required along all local streets, including N. Centrepoint Way in accord with
UDC 11-3A-17. Note: An asphalt pathway exists along each side of N. Centrepoint Way; no
sidewalk/pathway exists along E. Pickard Ln./St.
A 10-foot wide multi-use pathway is required in lieu of a sidewalk along N. Eagle Rd./SH 55.
L. Parkways (UDC 11-3A-17):
All parkways should comply with the standards listed in UDC 11-3A-17. The parkway that exists
between the curb and sidewalk along Ustick Rd. west of Centrepoint is currently gravel; this area
will need to be improved in accord with the standards listed in UDC 11-3B-7C.
M. Landscaping (UDC 11-3B):
A 35-foot wide street buffer is required along N. Eagle Rd./SH 55 and E. Ustick Rd., both
entryway corridors; and 10-foot wide street buffers are required along local streets as set forth in
UDC Table 11-2B-3. All street buffers are required to be landscaped in accord with the standards
listed in UDC 11-3B-7C.
There are no existing trees on the site being removed that require mitigation.
N. Waterways (UDC 11-3A-6):
The Milk Lateral runs along the north and east boundaries of this site. The Applicant proposes to
re-route and pipe the facility in accord with UDC 11-3A-6.
O. Fencing (UDC 11-3A-6, 11-3A-7):
There is an existing 6-foot tall solid wood fence along the southern boundary of the site that is
owned by the adjacent property owner and is proposed to remain. A 6-foot tall masonry screen
wall is proposed along the west boundary adjacent to residential uses to match that on the
property to the south as shown on Sheet L1.50 of the landscape plan, detail 4.
P. Utilities (UDC 11-3A-21):
Connection to City water and sewer services is required.
Street lighting is required to be installed in accord with the City’s adopted standards,
specifications and ordinances.
See Section VIII-B Below for Public Works comments/conditions.
Page 11
Q. Pressurized Irrigation (11-3A-15)
An underground pressurized irrigation system is required to be provided within the development
as set forth in UDC 11-3A-15.
R. Storm Drainage (11-3A-18)
An adequate storm drainage system shall be required in all developments in accord with the
City’s adopted standards, specifications and ordinances. Design and construction shall follow best
management practice as adopted by the City.
S. Structure and Design Standards (UDC 11-3A-19 | Architectural Standards Manual):
Conceptual building elevations were submitted for the future athletic club as shown in Section
VII.B. Final design of the structure should be consistent with the design standards listed in
the Architectural Standards Manual.
Parking lots for properties greater than 2 acres in size should not have more than 50% of
the total off-street parking area for the site located between the building façade and the
abutting streets; as an alternative, the parking area should be screened by berms,
landscaping, walls, architectural elements or a combination of these elements to produce an
appropriate buffer adjacent to public spaces and roadways as set forth in UDC 11-3A-
19B.3. Traffic calming measures should be provided where vehicle circulation is directed in
front of the building entries.
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 use of pavers, colored or
scored concrete, or bricks as set forth in UDC 11-3A-19B.4.
T. Certificate of Zoning Compliance/Design Review
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.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed modification to the Development Agreement and the
conditional use permit applications in accord with the provisions in Section VII.A. VIII.
Note: The driveway access via E. Ustick Rd. requires Council approval of a waiver to UDC 11-
3A-3, which limits access via arterial streets when access via a local street is available. In this
case, access is available via (2) local streets. If a waiver is not approved, the site plan should be
revised accordingly. Council action is needed on this request.
B. Commission:
The Meridian Planning and Zoning Commission heard this item on December 20, 2018. At
the public hearing, the Commission moved to approve the subject CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Tamara Thompson, The Land Group; Mike Fassler
ii. In opposition: None
Page 12
iii. Commenting: Jared Schofield; Steve Grant; Shaun Wardle; Jeff Vrba; David Park,
Jackson Square HOA
iv. Written testimony: David Durfee
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key Issues of Public Testimony:
i. Objection to hours of operation before 6:00 am;
ii. Concerns pertaining to the adequacy of the buffer (trees/landscaping will take a
long time to mature) along the west boundary of the site and parking lot lighting
impacting adjacent residential uses;
iii. Concern pertaining to an increase in traffic in this area and public safety;
iv. Objection to the proposed hours of operation – in favor of 9:00 am to 10:00 pm with
outdoor speakers limited to 9:00 pm;
v. Not in favor of the proposed height of the building, request for a shorter building
that would impact adjacent residential neighbors less;
vi. Concern pertaining to noise generated from the proposed use and its impact on
residential neighbors.
c. Key Issues of Discussion by Commission:
i. The proposed hours of operation for the outdoor activity center and outdoor
speakers;
ii. Requirement for the separation between outdoor recreation areas to be measured
from the property line of adjacent residential structures rather than from the
residential zoning district.
d. Key Commission Changes to Staff Recommendation:
i. Strike the last sentence in condition #2.1k in Section VIII.A pertaining to
construction of an off-site sidewalk along Cajun Way at the recommendation of
Staff since there will likely be a driveway in that location in the future.
ii. Modify condition #2.1a in Section VIII.A to reflect the Commission’s interpretation
of UDC 11-4-3-2A.1 to reflect setback measurement from any residential property
line with a home, rather than from a residential district;
iii. Modify condition #2.2 in Section VIII.A to adjust the hours of operation as
approved by the Commission;
iv. Include a new condition requiring the Applicant to work with Planning Staff to
create a sound buffer to mitigate some of the noise concerns between the pool area
and neighboring homes (#2.9 in Section VIII.A).
v. Include a new condition requiring the Applicant to work with Planning Staff and
ACHD to create a crosswalk for pedestrian access to the facility from the west
parking lot (#2.10 in Section VIII.A).
C. City Council:
The City Council heard the request for City Council review of the Planning & Zoning
Commission’s decision on the conditional use permit on April 2, 2019. At the public hearing,
the Council moved to approve the subject CR request. Concurrently, City Council heard a
request for a Development Agreement Modification & Variance (H-2018-0121; H-2019-
0032).
Page 13
1. Council approved a waiver to UDC 11-3A-3 for an access driveway via E. Ustick Rd.
(strike condition #2.4 in Section VIII);
2. Modify condition #A.2.1d in Section VIII to allow setback proposed with Variance for
outdoor activity centers; change to hours of operation for outdoor activities to 5:00 AM
instead of 6:00 AM; and the slide associated with the swimming pool to close at 9:00
PM.
3. Modify condition #A.2.1a in Section VIII to allow the setback for outdoor recreation
areas abutting residential districts as shown on the site plan approved with the variance
(H-2019-0032).
4. Modification to condition #A.2.1c in Section VIII to reflect Council approval of a waiver
to not require the outdoor speaker system to be located 100’ from all residential
districts; and to include the Applicant’s agreement to limit the hours of operation of the
outdoor speaker system from 9:00 AM to 9:00 PM.
5. Modification to #A.2.2 in Section VIII to reflect approval of outdoor activities
commencing at 5:00 AM instead of 6:00 AM.
VII. EXHIBITS
A. Existing Development Agreement Provisions & Conceptual Development Plan (AZ-05-052,
Instrument No. 108008770)
Link to full version of Development Agreement: Sadie Creek Promenade AZ-05-052
Applicable Development Agreement Provisions:
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City’s
Zoning Ordinance codified at Meridian Unified Development Code § 11-2B which are
herein specified as follows:
Construction and development of up to 150,282 square feet of retail/restaurant/ and
office uses in a proposed C-G zone on 7.7 acres pertinent to this AZ 05-052 application.
The 36.33 acre site, which includes a portion of this project, was approved for annexation
with a Development Agreement in April, 2004 under the name of Kissler Annexation
(file no. AZ 03-018). The DA, instrument no. 104107406, requires that any future use
be approved either though a site specific CUP application or a Planned Development. A
concept plan for the overall site was submitted with the AZ 05-052 application for
informational purposes.
This entire project consists of 15.33 acres a preliminary plat and conditional use permit
was submitted and approved (PP-05-053, and CUP-05-049) which satisfies the CUP
condition of the previous DA agreement. Certificates of Zoning Compliance are
required for all buildings in this project.
4.2 No change in the uses specified in this Agreement shall be allowed without modification
of this Agreement.
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5. DEVELOPMENT IN CONDITIONAL USE: Owner/Developer has submitted to City an
application for conditional use permit site plan dated September 15, 2005, and shall be required
to obtain the City’s approval thereof, in accordance to the City’s Zoning and Development
Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of
construction of any buildings or improvements on the Property that require a conditional use
permit. No new buildings are approved for construction under this conceptual CUP/PD
application. All future buildings shall require approval of design review at staff level prior to
submittal of any Certificate of Zoning Compliance application and/or building permit
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
6.1. Owner/Developer shall develop the Property in accordance with the following special
conditions:
1. That all future uses shall not involve uses, activities, 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.
2. That all future development of the subject property shall be constructed in accordance
with City of Meridian ordinances in effect at the time of the development.
2. That the applicant be responsible for all costs associated with the sewer and water
service extension.
3. That any existing domestic wells and/or septic systems within this project will have to
be removed from their domestic service, per City Ordinance Section 5-7-517, when
services are available from the City of Meridian. Wells may be used for non-domestic
purposes such as landscape irrigation.
4. That prior to the issuance of any certificate of zoning compliance all landscaping shall
be constructed along the western property boundary and along Ustick Road to the point
of connection with Sadie Creek Avenue. These office lots should include either a
permanent easement or be redesigned to include landscaping in common lots including
masonry block wall on western boundary.
5. That the maximum square footage of one single building shall not exceed 75,141square
feet, which is ½ of the maximum requested of 150,282 square feet
6. That all buildings along the western property boundary shall be single story buildings
designed to discourage views and access facing the west, unless required for
emergency access. Furthermore, these office lots shall have hours of operation
consistent with office operations which have been determined to be 6 am – 10 pm.
7. That the applicant shall redesign the site to meet the 300’ standard separation for drive
thru uses with this application or variance is obtained.
8. That all access for Sadie Creek Promenade Subdivision shall be taken from Ustick
Road at points determined by ACHD.
9. That Lots 1 and 2 of Block 2 of the site plan dated September 15, 2005 are for office
uses only. Non retail uses shall be located on these lots. All other lots shall be limited
to Office/Retail/Restaurant/Drive thru uses and General Commercial uses listed as
permitted in UDC Table 11-2B-2. Any uses (excepting Drive Thru) not listed as
permitted shall be subject to conditional approval.
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10. That the western most public road referenced to as Sadie Creek Avenue may be
renamed as approved by the Ada County Street Naming Commi ttee. The road name
has been approved as Centrepoint Way.
B. Proposed Concept Plan (dated: 10/18/18), Dimensioned Site Plan (dated: 4/2/19) & Building
Elevations (dated: 7/17/18)
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Page 17
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING
Note: The following section has been removed from the CUP Findings as there is a separate
Findings document for the Development Agreement modification application.
1. Development Agreement Modification
1.1 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. The existing DA shall be amended to remove
the subject property from the agreement.
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. Future development of this site shall be generally consistent with the conceptual
development plan and building elevations included in Section VII and the provisions
contained herein.
b. 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.
c. No outdoor event or activity center shall be located within fifty feet (50') of any
property line and shall operate only between the hours of six o'clock (6:00) A.M. and
eleven o'clock (11:00) P.M as set forth in UDC 11-4-3-2A.2.
d. 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.
e. Outdoor speaker systems associated with the athletic club (i.e. outdoor
entertainment/recreation facility) use are required to be located a minimum of 100
feet from all residential districts, unless waived through approval of a conditional use
permit per UDC 11-3A-13.
f. 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.
g. 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.
h. A cross-access/ingress-egress easement shall be granted for access from this property
to N. Cajun Ln./E. Picard Ln. to the south and to the out-parcel to the east (Parcel
#S1105110025). A recorded copy of said easement(s) shall be submitted to the
Planning Division with the Certificate of Zoning Compliance application.
i. 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.
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j. Direct access via N. Eagle Rd./SH 55 is prohibited as set forth in UDC 11-3H-4B.
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 as shown on the site plan
approved with the variance included in Section VII.B (H-2019-0032). The
Commission interpreted the setback measurement to be from any residential
property line with a home, rather than from a residential district.
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. If an outdoor speaker system(s) is proposed, the location of such shall be depicted
on the plans at least 100 feet from all residential districts, unless waived through
approval of a conditional use permit per UDC 11-3A-13. City Council waived
this requirement with the Council Review request; however, the Applicant did
agree to limit the operation of the outdoor speaker system from 9:00 AM to 9:00
PM.
d. The outdoor event or activity center, which includes but is not limited to the
swimming pools, shall not be located within fifty six feet (50 6') of any property
line as shown on the site plan approved with the variance (H-2019-0032) and
shall operate only between the hours of six five o'clock (65:00) A.M. and eleven
o'clock (11:00) P.M. as set forth in UDC 11-4-3-2A.2 with the exception of the
water slide associated with the swimming pool shall close at 9:00 P.M. (the pool
may stay open until 11:00 P.M.).
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 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 11-2B-3; landscaping is required
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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.
l. 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 11-2B-3,
landscaped per the standards listed in UDC 11-3B-9C.
m. Depict landscaping within the parkway area along Ustick Rd. west of Centrepoint
Way in accord with the standards listed in UDC 11-3B-7C.
2.2 The hours of operation of the athletic club and spa are limited to the hours between
5:00 4:00 am and 10:00 midnight (12:00 am) pm for indoor activities and 6 5:00 am to
11:00 pm for outdoor activities, with outdoor music limited to the hours between 9:00
am and 10 9:00 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. Council review of this access took place with
the associated MDA application; Council approved a waiver to UDC 11-3A-3 for an
access driveway via E. Ustick Rd.
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.
2.10 The Applicant shall work with Planning Staff and ACHD to create a crosswalk for
pedestrian access to the facility from the west parking lot.
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B. Public Works
1. Site Specific Conditions of Approval
1.1 A street light plan will need to be included in the final plat and/or building permit
application. Street light plan requirements are listed in section 6-7 of the City's Design
Standards. A copy of the standards can be found at
http://www.meridiancity.org/public_works.aspx?id=272
2. General Conditions of Approval
2.1 Sanitary sewer service to this development is available via extension of existing mains
adjacent to the development. The applicant shall coordinate main size and routing with
the Public Works Department, and execute standard forms of easements for any mains
that are required to provide service. Minimum cover over sewer mains is three feet, if
cover from top of pipe to sub-grade is less than three feet than alternate materials shall
be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Water service to this site is available via extension of existing mains adjacent to the
development. The applicant shall be responsible to install water mains to and through
this development, coordinate main size and routing with Public Works.
2.3 All improvements related to public life, safety and health shall be completed prior to
occupancy of the structures.
2.4 Upon installation of the landscaping and prior to inspection by Planning Department
staff, the applicant shall provide a written certificate of completion as set forth in UDC
11-3B-14A.
2.5 The City of Meridian requires that the owner post to the City a warranty surety in the
amount of 20% of the total construction cost for all completed sewer, and water
infrastructure for a duration of two years. This surety amount will be verified by a line
item final cost invoicing provided by the owner to the City. The surety can be posted in
the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an
application for surety, which can be found on the Community Development
Department website. Please contact Land Development Service for more information
at 887-2211.
2.6 Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to the
issuance of a plan approval letter.
2.7 It shall be the responsibility of the applicant to ensure that all development features
comply with the Americans with Disabilities Act and the Fair Housing Act.
2.8 Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
2.9 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.10 All grading of the site shall be performed in conformance with MCC 11-1-4B.
Compaction test results shall be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
2.11 The applicants design engineer shall be responsible for inspection of all irrigation
and/or drainage facility within this project that do not fall under the jurisdiction of an
irrigation district or ACHD. The design engineer shall provide certification that the
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facilities have been installed in accordance with the approved design plans. This
certification will be required before a certificate of occupancy is issued for any
structures within the project.
2.12 At the completion of the project, the applicant shall be responsible to submit record
drawings per the City of Meridian AutoCAD standards. These record drawings must
be received and approved prior to the issuance of a certification of occupancy for any
structures within the project.
2.13 Street light plan requirements are listed in section 6-5 of the Improvement Standards
for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All
street lights shall be installed at developer’s expense. Final design shall be submitted
as part of the development plan set for approval, which must include the location of any
existing street lights. The contractor’s work and materials shall conform to the ISPWC
and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City
of Meridian Transportation and Utility Coordinator at 898-5500 for information on the
locations of existing street lighting.
2.14 The applicant shall provide easement(s) for all public water/sewer mains outside of
public right of way (include all water services and hydrants). The easement widths
shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall
not be dedicated via the plat, but rather dedicated outside the plat process using the City
of Meridian’s standard forms. The easement shall be graphically depicted on the plat
for reference purposes. Submit an executed easement (on the form available from
Public Works), a legal description prepared by an Idaho Licensed Professional Land
Surveyor, which must include the area of the easement (marked EXHIBIT A) and an
81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both
exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT
RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to signature of the final plat by the City
Engineer.
2.15 Applicant shall be responsible for application and compliance with and NPDES
permitting that may be required by the Environmental Protection Agency.
2.16 Any existing domestic well system within this project shall be removed from domestic
service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water
Department at (208)888-5242 for inspections of disconnection of services. Wells may
be used for non-domestic purposes such as landscape irrigation if approved by Idaho
Department of Water Resources.
2.17 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for
abandonment procedures and inspections.
2.18 The City of Meridian requires that pressurized irrigation systems be supplied by a year-
round source of water (MCC 9-1-28.C.1). The applicant should be required to use any
existing surface or well water for the primary source. If a surface or well source is not
available, a single-point connection to the culinary water system shall be required. If a
single-point connection is utilized, the developer will be responsible for the payment of
assessments for the common areas prior to development plan approval.
2.19 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,
intersecting, crossing or laying adjacent and contiguous to the area being subdivided
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shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply
with Idaho Code 42-1207 and any other applicable law or regulation.
C. Fire Department
http://weblink.meridiancity.org/weblink8/0/doc/157920/Page1.aspx
D. Community Planning Association of Southwest Idaho (COMPASS)
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=158376
E. Department of Environmental Quality (DEQ)
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=158270
F. Nampa & Meridian Irrigation District (NMID)
http://weblink.meridiancity.org/weblink8/0/doc/158532/Page1.aspx
G. Ada County Highway District (ACHD)
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=160216&dbid=0
IX. FINDINGS
A. Conditional Use Permit (UDC 11-5B-6)
Required Findings: 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 subject property is large enough to accommodate the
proposed use and development regulations of the C-G district if the Applicant complies with
the conditions of approval in Section VIII (see Analysis Section V for more information).
2. 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 proposed use will be consistent and harmonious with the UDC
and Comprehensive Plan Future Land Use Map designation of MU-R for this site if the site is
developed and the use conducted in accord with the conditions listed in Section VIII.
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 Section
VIII of this report, the proposed use of the property should be compatible with other uses in
the general neighborhood and with the existing and intended 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 Section VIII
of this report, the proposed use will not adversely affect other properties in the area.
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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 proposed use will be served adequately by all of the public
facilities and services as applicable.
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.
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.
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 finds the proposed use will generate additional traffic in the area but should
not involve activities that will be detrimental to any persons, property or the general welfare
of the area.
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. (Ord. 05-1170, 8-30-2005, eff. 9-15-
2005)
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use. Further, the Commission finds that the proposed use will
not result in the destruction, loss or damage of any natural, scenic or historic feature of
major importance.