HomeMy WebLinkAboutCherry Crossing Subdivision CUP
CUP 04-039
MERIDIAN PLANNING & ZONING MEETING
APPLICANT Robnett Construction. Inc.
October 21. 2004
ITEM NO.
4
REQUEST Public Hearing - Conditional Use Permit for a women's fitness center in a C-N
zone in Lot ¡. Block ¡ of Cherry Crossing Subdivision - northwest corner of Cherry Lane
and Linder Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
See attached staff comments
CITY SEWER DEPT:
CITY PARKS DEPT:
No comment
No comment
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CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
No comment
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER: >
Contacted: ~\\Lc~ ~~
Emaned:
Date: jrr(q ~V\
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Staff Initials:
Phone: é(f6 b()~ Z
Materials presenled at public meeHnlls shall become property of HIe City of Meridian.
MAYOR
Tammy de Weerd
c:::M'e;;diãn
IDAHO
CITY HALL
(208) 888-4433 - Fax 887-4813
PUBUCWORKS
BUILDING DEPARTMENT
(208) 887.2211- Fax 898.9551
CITY COUNCIL MEMBERS
Keith Bird
William LM. Nary
Sha.. Wardle
Cherie, M. Rounb'ee
LEGAL DEPARTMENT
(208) 466.9272 - FAX 466-4405
MEMORANDUM:
P & Z Hearing Date: October 21, 2004
Transmittal Date: October 18, 2004
To:
Planning & Zoning Commission, Mayor and City Council
From:
Craig Hood, Associate City Planner (IN ..-d .
Bruce Freckleton, Development Services Managet~
Subject:
Total Woman Fitness Conditional Use Permit
. Request for Conditional Use Permit Approval to Modify a Previously
Approved Application and to Construct and Operate a 6,000 Square-Foot
Fitness Center in a CoN (Neighborhood Business District), by Robnett
Construction, Inc. (File No. CUP-O4-039)
StatT has reviewed the above referenced submittal and otTers the following comments.
StatT is recommending approval of the subject application.
APPLICATION SUMMARY
The applicant, Robnett Construction, Inc., has submitted a Conditional Use Permit (CUP)
application requesting approval to modify CUP-03-013, which proposed a 22,000 square-foot
retail building on Lot 1, Block 1, Cherry Crossing Subdivision No.2. The subject application
proposes to construct and operate a fitness center on a portion of the site. The applicant intends
to re-subdivide the parcel into three lots and construct two other buildings on this site in the
future. The subject property is generally located near the northwest comer of Linder Road and
Cherry Lane, on the south side of Emerald Falls Drive.
Fitness centers are not specifically listed in the Schedule of Use Control (MCC 11-8-1). When a
use is not specifically listed as a permitted use, such use shall be hereby expressly prohibited
unless by application and authorization (as provided for under conditional use) it is determined
that said use is similar to and compatible with listed permitted uses. Such uses may then be
permitted as conditional uses (MCC 11-6-4). The Meridian Planning Director has determined
CUP-O4-O39
Page 1
that a fitness center is similar and compatible with permitted uses in the CoN zone; a CUP
application has been submitted by the applicant.
As noted above, there are two future buildings that are shown on a conceptual site plan
submitted with the subject application. This CUP does not approve the construction or operation
of businesses, parking areas or landscape areas within the area of the two future buildings. Prior
to construction and/or operation of future businesses on this site, the applicant shall obtain City
approval. See Site Specific Condition #3 below.
mSTORY
In 2001, Albertson's Inc., applied for Conditional Use Permit (CUP-OI-OI6) and Preliminary
Plat (pP-OI-OlO) approval of an 18-lot subdivision called Cherry Crossing on this site. The
preliminary plat for Cherry Crossing Subdivision included 15 residential lots, 3 commercial lots,
and 4 common lots. CUP-OI-OI6 included a drive-through pharmacy, a service (gas) station, a
restaurant with a drive-through, and an office/retail building.
In 2003, Hawkins Companies, applied for a Conditional Use Permit (CUP-03-013) to modify
the operational hours and to change building placement as previously approved with CUP-OI-
013. CUP-03-013 included a proposal for a 13,500 square foot pharmacy/retail building with
dual drive-through lanes, a fast food restaurant with a drive-through, 22,000 square feet of
office/retail, and a 6,500 square foot retail building. As part of CUP-03-013, the hours of
operation were limited as follows:
. Pharmacy/Retail: 24 hours a day, 7 days a week;
. Fast food restaurant: Sunday - Thursday, 8 am to 11 pm, FriQay - Saturday, 8 am
to 1 am;
. Retail and office/retail: Monday - Thursday, 8 am to 10 pm, Friday - Saturday, 8
am - 12 am, and Sunday, 9 am - 9 pm.
On September 28, 2004, the City Council approved the applicant's Miscellaneous application
(MI-04-0IO) request to modify the approved hours of operation. The Council approved
operating hours be ITom 6 am to 10 pm, seven days a week for the subject property. The
applicant now wishes to obtain the City's approval to modify the previously approved site plan
for CUP-03-013 and operate a fitness center.
LOCA nON & SURROUNDING USES
The subject property is located on the south side of Emerald Falls Drive and on the north side of
Cherry lane, just west of Linder Road in Section 2, Township 3 North, Range 1 West.
The following uses surround the subject property:
North: Single-family residences in Cherry Crossing Subdivision and Glennfield Manor
Subdivision, zoned R-4.
South: Pizza Hut, zoned CoN; Commercial property (Maverik Station and strip mall), zoned C-
N (across Cherry Lane).
East: Church properties, zoned L-O and residential, zoned R-4.
CUP-O4-039
Page 2
West: Single-family residences in Cherry Crossing Subdivision and Valeri Place Subdivision,
zoned R-4.
OWNER OF RECORD
The property owner of record is Boise Surplus 2002, LLC. Gary Hawkins, who is a registered
agent for Boise Surplus 2002, LLC, has submitted notarized consent for the subject application.
STANDARDS FOR CONDmONAL 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;
The applicant is not requestiog any modifications to any required setbacks, open space,
parking, landscape or any other requirement required by City Ordinance.
Parking: As mentioned in the summary above, the proposed fitness center use is not a
listed use in the Schedule of Use Control. For uses not listed in MCC 11-13 (Off-Street
Parking and Loading Facilities), parking spaces shall be provided on the same basis as
required for the most similar listed use or as determined by the Commission (MCC 11-
13-5.B.8). For reference, MCC 11-13-5.B.2 requires retail uses to provide lon-site
parking space for every 200 square feet of building (gross); clubs and lodges are
required to provide lon-site stall for every 300 square feet of floor area; and public or
community clubs are required to provide 1 stall for each 5 persons capacity, plus one for
each 4 seats.
The submitted site plan depicts forty-eight on-site parking stalls for the fitness center
use. The applicant is providing a ratio of 1 stall for every 125 square feet ofbuilding
(6000 sq. ft. building/48 stalls = 1 stall per every 125 sq. ft. bldg.). Staff finds that this
parking ratio exceeds the minimum parking requirements established in MCC 11-13 for
similar uses.
Landscapiog: Perimeter landscaping was installed with the platting of Cherry Crossing
Subdivision. Additional internal landscaping of the parking areas will be required, prior
to occupancy of the subject building. MCC 12-13-11-3.A requires a site with 13 to 100
parking stalls to provide a minimum of 4% landscaping.
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 Dublic
hearing staff's analysis and established parking standards outlined in MCC 11-13-5 to
CUP-O4-039
Page 3
determine if the site is large enough to provide adequate parkilll! for the oroposed use.
See Site Specific Condition #2 below.
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
"Commercial." The subject site is currently zoned C-N (Neighborhood Business
District). The purpose of the CoN zone is to permit the establishment of small scale
convenience business uses which are intended to meet the daily needs of the residents of
an immediate neighborhood; to encourage clustering and strategic siting of such
businesses to provide service to the neighborhood and avoid intrusion of such uses into
the adjoining residential districts (MCC 1I-7-2-H).
Although fitness centers are not specifically addressed in either the Comprehensive Plan
or the Zoning and Subdivision Ordinances, staff finds that the requested use is consistent
with the purpose statement of the CoN zone and the goals, objectives, and action items of
the Comprehensive Plan. Ifapproved as a CUP, staff finds that the project will be in
compliance with the requirements established by ordinance.
C.
That the design, construction, operation, and maintenance wlll be compatible with
other uses in the general neighborhood and with the existing or intended character
of the general vicinity and that such use wlll not adversely change the essential
character ofthe same area;
Although similar commercial type uses have been designed, constructed, operated and
maintained in this area, other than the pizza restaurant, this is the first commercial user
on the northwest comer. Therefore, staff finds that the construction, operation, and
maintenance of a fitness center will change the existing character of the northwest comer
of the Linder Road/Cherry Lane intersection. However, staff does not believe that the
change will adversely affect the neighborhood. Further, the applicant has submitted 5
letters from nearby property owners stating that they are not opposed to the proposed
application. Staff finds that the proposed fitness center use will not change the intended
character of the general vicinity, and that the design, operation, and maintenance should
be compatible with other uses in the neighborhood. Staff recommends that the
Commission and Council reference any written or oral testimonv provided at the public
hearing. as well as staff's analysis. when determining if the prooosed use will adversely
chan~e the character of the area.
D.
That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely atTect other property in the vicinity;
If the applicant complies with all conditions imposed, staff does not anticipate that the
proposed use will have any adverse affect on nearby properties. Staff recommends that
CUP-O4-O39
Page 4
the Commission and Council reference any written or oral testimony provided at the
public hearing, as well as staff's analysis, when determining if the proposed use will
adversely atTect 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. On
September 24, 2004, a joint agency/department comments meeting was held with
representatives of key service providers to this property. All of the detailed conditions
ftom the Meridian Police Department, Meridian Fire 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, the Meridian Fire Department, the
Meridian Parks 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.
F.
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 create additional traffic on the adjacent roads.
Further, the parking and maneuvering of cars and pedestrians may generate additional
noise for surrounding properties. However, staff does not believe that the additional
noise should be excessive. To ensure that noise and traffic do not become problematic
for the neighborhood, the hours of operation for the fitness center should be limited ftom
6 am to 10 pm, seven days a week. If the conditions imposed with this report are
CUP-O4-039
Page 5
H.
I.
complied with, 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.
That the proposed use wiJI 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 from Emerald Falls Drive and Cherry Lane. No
new access points are being requested with this application. Ifparking is designed in
conformance with the City's requirements, and the applicant complies with all of
ACHD's requirements, staff finds that the proposed use will not create significant
interference with any traffic on the surrounding public streets.
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.
SITE SPECIFIC CONDITIONS (CONDffiONAL USE PERMm
1. All applicable conditions of the previously approved MI-04-0IO, Cherry Crossing
Subdivision No's 1-2, and CUP-03-013 shall also be considered conditions of this
Conditional Use Permit (CUP-04-039).
2.
Provide all required building setbacks, open spaces, landscaping, parking and other
features required by Meridian City Ordinance. These features shall be reflected on the
site and landscape plans submitted with any Certificate of Zoning Compliance (CZC)
application.
3.
The Site Landscape Plan prepared by James Gipson Associates, labeled Cherry Crossing
Bid. C, dated 8/11/2004 and 8/31/2004, is approved with this application. This CUP
approval is only valid for the proposed fitness center use and for the application of one
building permit. Prior to the issuance of the second building permit on this site, the
applicant shall either re-subdivide the property or receive approval from the City
Council to construct a Planned Development (multiple buildings on a single parcel).
4.
Consistent with MI-04-01O, the hours of operation for all uses on this site shall be from
6:00 am to 10:00 pm.
5.
The construction of the proposed fitness center building shall substantially comply with
the elevations prepared by James Gipson Associates on 8-12-04. Construction materials
used on the structures shall be approved by City of Meridian Building Department and
CUP-O4-O39
Page 6
6.
7.
8.
9.
be in accordance with the most recent Uniform Building Code. If any significant
modification(s) to the approved architectural design features and/or materials, as
determined by the Planning Director, are requested for building(s) in the future, the
property owner shall submit a CUP modification.
Off-street parking is approved as shown on the submitted site plan. In accordance with
MCC 11-13-5, all standard parking stalls must be constructed 9 feet by 19 feet minimum
and drive aisles must be at least 25-feet wide. All vehicular use areas shall be paved in
accordance with Meridian City Code.
The applicant shall coordinate the location and design of trash dumpster(s) with Sanitary
Services Company (SSC) 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. Prior to issuance of a Certificate of Zoning Compliance (CZC), the applicant
shall submit an approved (stamped) site plan ITom SSC. Please contact Bill Gregory at
SSC (888-3999) for detailed review of your proposal.
No signs are approved with this CUP. All signs will require a separate sign permit in
compliance with the sign ordinance. All signage shall be in accordance with the
standards set forth in Section 11-14 of the City Zoning and Development Ordinance.
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) from the Meridian
Planning and Zoning Department (MCC 11-19-1).
10.
All construction shall conform to the requirements of the Americans with Disabilities
Act.
11.
In accordance with MCC 12-13-8 and MCC 9-1-2, an underground, pressurized
irrigation system shall be installed to all landscape areas.
12.
Sanitary sewer and water service shall be ITom service lines to the city of Meridian's
existing systems adjacent to the site.
13.
A drainage plan designed by a State ofIdaho licensed architect or engineer is required
and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking
areas. Storm water treatment and disposal must be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of Storm Water Best
Management Practices for Idaho Cities and Counties and City of Meridian standards and
policies. Off-site disposal into surface water is prohibited unless the jurisdiction which
has authority over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all necessary
applications with the Idaho Department of Water Resources regarding Shallow Injection
CUP-O4-039
Page 7
14.
15.
Wells.
Outside lighting shall be designed and placed in such a manner as to eliminate glare and
illumination of the adjoining roadways and properties, in accordance with City
Ordinance Section 11-13-4.C.
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.
16.
This conditional use permit shall be valid for a maximum period of 18 months. If
construction has not begun within this timeframe, a new conditional use permit must be
obtained prior to the start of development.
17.
The 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.
OTHER AGENCY/DEPARTMENT COMMENTS/CONDITIONS
MERIDIAN FIRE DEPARTMENT
I. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
2.
Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of
the hydrant location.
Fire Hydrants shall be placed on corners.
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
e.
£
3.
All entrance and internal driveways shall have a turning radius of 28' inside and 48'
outside.
4.
All driveways shall have a clear driving surface, available at all times, which is 20'
wide.
5.
Maintain a separation of 5' from the building to the dumpster enclosure.
6.
All portions of the buildings located on this project must be within 150' of a paved surface.
CUP-O4-o39
Page 8
7.
Insure that all yet undeveloped parcels are maintained ftee of combustible vegetation.
8.
Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
SANITARY SERVICE COMPANY
1. The applicant shall coordinate the location and design of trash dumpster( s) with Sanitary
Services Company (SSC) 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. Prior to issuance of a Certificate of Zoning Compliance (CZC), the applicant
shall submit an approved (stamped) site plan ftom SSC. Please contact Bill Gregory at
SSC (888-3999) for detailed review of your proposal.
MERIDIAN PARKS DEPARTMENT
1. The Parks Department has no concerns with the site design as submitted with the
application.
RECOMMENDATION
StatT recommends approval ofthe submitted Conditional Use (CUP-O4-039) application
with the conditions listed herein.
CUP-O4-039
Page 9
RECEIVED
OCT 2 2004
CITY OF MERIDIAN
PUBLIC HEARING
SIGN-UP SHEET
¿.il)' of Meridian
Ity Clerk Office
October 21,2004
ITEM #
4
DATE
PROJECT NUMBER
CU P 04-039
PROJECT NAME
Cherry Crossing Subdivision
NAME (PLEASE PRINT) FOR AGAINST NEUTRAL