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Home My WebLink AboutDanik Gymnastics CUP 04030 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Conditional Use Permit Approval to Operate a Gymnastics Center in an I-L Zone, at 345 S. Adkins Way, by Viktor Danilovitch Case No(s). CUP-04-030 For the City Council Hearing Date of: September 28, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the September 28, 2004 public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-030 - PAGE I of 4 3. Application and Property Facts In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Walter Morrow. 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit D for the findings required for each type of application. B. Conclusions of Law I. 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 Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received ITom 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 Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated 8-22-00, modified on 12-30-02, as shown in Exhibit B and the Conditions of Approval in Exhibit C. 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 § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-O30 - PAGE 2 of4 1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated 8-22-00, modified on 12-30-02, is hereby conditionally approved; and 2. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfY the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 1I-17-4.B.) E. Notice of Final Action and Right to Regulatory Takings Analysis I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may 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, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval 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. Exhibits Exhibit A: Deed and Legal Description CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-Q4-030 - PAGE 3 of 4 Exhibit B: Approved Site/Landscape Plan Exhibit C: Conditional Use Permit Conditions of Approval Exhibit D: Conditional Use Permit Findings By action 9fthe City Council at its regular meeting held on the a-h~ , 2004. /z~5:. day of COUNCILMAN SHAUN WARDLE VOTED $6- ..GeUNCILMA¡" !:SILL NARY vOT~D COUNCILMAN CHARLIE ROUNTREE VOTED -þ- VOTEDþ COUNCILMAN KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED and City Attorney. By: ~ (lJ1 ~ ~ b fIA.-) Ity Clerk's Office Dated: ID - .;;¡s '04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-030 - PAGE 4 of 4 EXHIBIT A See Attached Deed and Legal Description <-'00"1 "",... r~ORD/(EO"-"TOf . ~ ADA C~U ROE ;( ð)O- 'PIoNEER TD'LEUJ!, MPMlV ,~h MRD FEE~DEPUTY~ OF~OUNTY ~' _IIR 1 PH~'f8 100022878 'P"}T1 J ~ PIONEER TITLE 821 West SlJIIe StreI!ll Boise, IdBho 83702 (2O8J 336-6700 888 North Cole Rood I BoIse, Idaho 1!3704 (2OtI) 377..z1OO !levb"ed and approved 1iy,~ SPAŒA!IOVI!""RI\I!OORD(NO DATA <òJGI¡¡;¡a;¡Iù\Iù\¡¡;¡!iII¡¡;¡¡¡;¡IiIII!II.II!!1ii2iIni\i.¡¡;¡IúIIÐ\=~~æ.§~lJQJIl61I11\IiIIIII\1G.IDI¡¡;¡lfJ.lfJ./O.¡;; ~ WARRANTY DEED g ~ ICDRPORATE FORM) ~! = PROPERTIES \lEST. INC.. 00 Idabo eorporation ,."'pD..tiO' ~ I¡¡ D...nhod_md"'..onderdlola"'ofthoS,."ofJdahD."¡<I1itsprinctþ8!nm..o' 1401 Shord!.e Drive. ii ~ BaUe areoue'y er Ada ,S... of (d,ho, ~ ",,'D', bwob. CONVEYS or ORANTS .... WAIlRANTS TO ~ !1 IIALTRR II. MOJIRO\I and CORRIN\!: L. 1dOIUlDW. Knobaad and 1I1.fe -",('j , I' Dr P.O. Bax 770, Meridia., Idaho 8J680 . ro'dI""mar ~¡ Ten DoUa.. and at~.r good and vdoable eDnsideratioD DOLLARS, "" ,horollowln.dao:rIh<d_aIIDl1dln Ma a.Uß",""ar""'hD' ~ LOT 3 IN BLIJŒ 3 O¡¡ HEDnlONT SDBBIVISIIJII tlO. 2. ACCORDING TC TUB PLAT TIIEREiIl', F1 -, ¡¡nEO III BOOK 79 OJ!' PLATS AT PAGES B453 AND 8454. 1lI!C0ROS OF ADA OOUIITY, IDAHO. ~ f;! i!".. ~ ~ ~ ~ ~ I,' LDOIIIinDor,hD'O"""__- Tax Parce1 Na, RS6S7610900 ~,,: aD...ND. s,.... '" Tho Dm.... wi.. "..<1111 deed"""'" ,,"II'" Ih,' Ihls deed ODd 11m ......rer _<01 h...""... DUlhar!zcd ..d... !ii, _I"timldoplod "" ""'Imam of _on ar Ibo """...n'nl""ral..oo""" bdd.... .....d.. by DqO""'. !J! I In ""0... wh....r. the _to, bas eo..... ", ....or... ""0"""" ta bo """'Dto ,r- by I.. duly ,1IIharieed g I~ Dm""'hls doy.c 1I...k . AJ)JQU 2000, ~ ~ (COIU'ORATE NAMEI ~ .~ ~ ~ ~~i ~ ~ Q SECBErARY ~1 ~ ~ I~ CooRl,of Ada ,', (~¡ ~ da¡<ar Harch .. 1110.... or 2000 , horD..mo \3 ,~' , "D"oy..hU.. t:¡ ~ .."". If: S ~, :< k.....a .lII!ilCl>' Pr..iden. ¡1 g artho.a'/¡. 1JI11.w°! °bwromm'utlb""",_wb.""""¡'b.1 en'a.bohDu..1 D.,..".liD.,. d f~ j, ,mDwl ,f iIi.." Ibm _utod th. ..... ¡: ~ ""~"l"¡TB 0' .~ Nall"y""bll~ ~"i ~ --".o..oø,."" t,¡.r "R_...., S " ;;..~ ~ ,.' MyCommIalan . ~~ ~ ' ~ «\W1tIfi\)t\1¡¡1II¡J\/1W1I1I]1\f!IfI/!I1i1!ll!'J/!'J/I!Il\Wl!ll!)t~I1!l\tI/JtI!JtI!'J/it'll2IlO/iIIi'I!IlY!lIfJJ\f1/I!Il1'1i';; EXHIBIT B See Attached SitelLandscape Plan ~g . , ,"' 9 :;¡¡;111~ I ~ijii! ~ P- !!iJ;¡ I 'I'j; ~ I g, !~i~ '. ; . h~!: ~ ~ I ,h'J ¡Ie< n;,,~5~~1i' ,§~,n,I'~,J~'~~I~ I" 9. ~<.f ¡h.~~J ~gm J:~~~' '~~.Qe"~" f;\ ~~ ,-h 3~õ:"HHo ~ .. Ô; g ~i" ~ ~ %. ~ H > 2> :> ~ ~c" ¡¡~L l~rl~I'llli~ ~ ~!i n 2 M >11 ,% I I ;t]'~~~~h~iI ~ ~ UH .... .'" . ; ~ ~ ~ ~ ~ ~ ~ . p'. " - !~~qpH~n~12 ~~cF."i~Y2~.~ on ~~Hp~i!~$'~g ~ ~r~P-~'~~~q~ o~~~¡¡ ~.~. ~ ~l~~dq~~~~~ :¡ '~~Q ~ ..§~3~2 .3 i g .m~<!8 . ~ ~ B ¥. g~~ ~i e > . i e 'ij I W'ii' I il \il I Iii ;~'! .;I¡ , I~!i -.('" §~~ !<I ~ ~8F '!~ ~I~ ð~ ..~""",,,u. ""'""" 'BiB StonebrIdge Industrial Building ~ ~ & Meridian Idaho -- ær--..:æ .~ --:'-.= J~ . EXHIBIT C The City Council of the City of Meridian hereby approves the requested Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT) I. All conditions of the previously approved Development Agreement, dated May 20, 1999, instrument No. 97072405, Medimont Subdivision No.2, and the CZC (CZC-02-070) application and site plan prepared by Stephen R. Teed, on 8-22-00, revised on 12-02, shall also be considered conditions of the Conditional Use Permit. . 2, Provide parking in accordance with the requirements of the City Council. The applicant shall clarify, at the public hearing, how many children are expected to attend the center, how many employees he will have, and how many off-street parking spaces will be needed to operate a gymnastics center of this size, The applicant shall also clarify if/when competitive events are held at this facility, and if there are competitive events on the site; provide a parking plan for those events, If a parking plan is required, said plan shall be approved by the Meridian Planning & Zoning Department, with a recommendation ITom the Chief of Police prior to occupancy, All vehicular use areas shall be paved and striped in accordance with Meridian City Code. 3. The applicant shall coordinate the location and design of trash dumpster(s) with Sanitary Services Company (SSe) staff. Trash enclosures must be built in the location and to the size approved by SSC, All dumpster(s) must be screened in accordance with MCC 11-12- 1.C, 4. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a Certificate of Zoning Compliance (CZC) ITom the Meridian Planning and Zoning Department (MCC 11-19-1), 5, All required improvements must be complete prior to obtaining. a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements, 6, If construction has not begun within 18 months of City Council approval, a new conditional use permit must be obtained prior to the start of development. GENERAL REQUIREMENTS I, Outside lighting shall be designed and placed in such a marIner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 1I-13-4.C: 2, All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance, 3, All construction shall conform to the requirements. of the. Americans with Disabilities Act. 4, Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. B. Adopt the recommendations of the Ada County Highway District as follows: 1. On January 8,1997, the Ada County Highway District Commissioners acted on Medimont Subdivision, The conditions and requirements also apply to CUP-04-030. C. Adopt the recommendations of the Meridian Fire Department as follows: 1. All entrance and intemal roads shall have a turning radius of28' inside and 48' outside, 2, All driveways shall have a clear driving surface, available at all times, which is 20' wide, 3, Maintain a separation of5' ITom the building to the dumpster enclosure, 4, Provide a Knoxbox entry system for the complex. D, Adopt the recommendations of the Sanitary Services Company (SSC) as follows: 1. The trash enclosures are approved in the size and location depicted on the plans submitted with the application, E. Adopt the recommendations of the Meridian Police Department as follows: 1. Chief Musser is requesting a parking plan for the proposed usage as competitive events in this location may create a parking problem. The site plan parking appears to be limited and this is the second business in this building. Current light industrial uses and construction in the area impact available curbside parking on the street and the street is also used by emergency vehicles ITO (sic) the police department to access Franklin Rd, EXHŒIT D The City Council hereby approves the following analysis of required findings by staff: STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Required parking for a gymnastics center is not specifically listed in MCC 11-13- 5, For uses not listed in MCC 11-13-5, parking spaces shall be provided on the same basis as required for the most similar listed use or as determined by the Commission, Because there are only 24 off-street parking spaces for the entire 16,000 square foot building, staff is requesting that the applicant provide a parking plan for the proposed use, Further. the applicant should clarify. at the public hearing. how manv children are expected to attend the center. how manv employees he will have. and how manv off-street parking spaces will be needed to operate a gymnastics center of this size. The applicant should also clarify if/when competitive events are held at this facility. and if there are competitive events on the site. provide a parking plan for those events, See Special Consideration #1 and Site Specific Condition #2 below. Staff finds that the subject property is large enough to accommodate all required setbacks (yards), open spaces, landscaping and other features required by the ordinance. The Commission and Council should rely on the applicant's testimony at the public hearing. and parking standards outlined in MCC 11-13-5 to determine if the site is large enough to provide adequate parking for a gymnastics center. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The Comprehensive Plan Future Land Use Map designates the property as "Industrial" and is currently zoned I-L. Staff finds that the requested use is consistent with the Future Land Use Map and that if approved as a CUP the project will be in compliance with City ordinances, 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; Although the existing and intended character of the general vicinity is industrial, private schools (gymnastics centers) are conditionally allowed by ordinance in this zone, School and warehouse uses are classified differently when determining intensity (see Land Use Intensity Classifications Table in MCC 12-13-12-4). However, staff believes that the existing industrial/warehouse uses are compatible with the proposed use, Further, to the south of this site is a vacant CoG zoned parcel, and to the north and east are public streets, with street buffers, The only adjacent use currently is the Schwan's warehouse directly to the west. The Schwan's warehouse has been designed so their parking, not the building, backs up to this site. The Schwan's site is fenced, and staff does not anticipate this use to impact a gymnastics center, or vice-versa, Staff finds that the small scale of the proposed use, 6,000 square feet, should not adversely change the essential character of the area. Staff finds that the design, construction, operation and maintenance of a gymnastics center should not conflict with other uses in the general vicinity, Staff recommends that the Commission and Council reference any written or oral testimony provided at the public hearing, as well as staffs analysis, when determining if the proposed use will adversely change the 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; This site has been the subject of other development applications in the past. Required landscaping, parking, setbacks for the building and other site improvements were previously required with the Medimont Subdivision and Certificate of Zoning Compliance (CZC-02-070) for the subject building. Staff finds that if the applicant complies with all conditions imposed on this site, the proposed use should not adversely affect other property in the vicinity, See Finding "A" above regarding the potential parking impact on other tenants in the building and on surrounding properties, and Finding "c" above regarding the intensity (use) of surrounding properties, Staff recommends that the Commission and Council reference any written or oral testimony provided at the public hearing, as well as staffs analysis, when determining if the proposed use will adversely affect other property in the vicinity, E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police. and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; All essential public facilities and City services listed above currently serve this site. F. On August 13, 2004, a joint agency/department comments meeting was held with representatives of key service providers to this property, The Meridian Police Department has concerns with parking during competitive events on this site, The street (Adkins Way) is used by emergency vehicles for the Police Department to access Franklin Road, There is some concern about on-street parking conflicting with emergency vehicles and the light industrial/construction uses in this area. All of the detailed conditions ITom the Police Department and other agencies/departments are at the end of this report. The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department, and any other agency providing service to this site, regarding their ability to adequately service this project. Staff finds that the subject property can be served adequately by all essential public facilities and City services, That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; As noted in the finding above, all public facilities and services are currently provided to this site. All required site improvements will be funded and constructed by the applicant/developer. Staff finds that the proposed use will not be detrimental to the economic welfare of the community, nor will the use create the need for any new facilities or services to be paid for by the public, 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Access to the site is currently provided ITom curb-cuts on Adkins Way and Kalispell Street. ACHD has previously approved the existing access points to the adjàcent streets. Ifparking is designed in conformance with the City's requirements, staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets, I. 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 is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing the proposed use to operate on this site,