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HomeMy WebLinkAboutCherry Crossing Subdivision CUP-04-039 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Conditional Use Permit Approval to Construct and Operate a 6,000 Square-Foot Fitness Center in a CoN Zone, by Robnett Construction, Inc. - Case No(s). CUP-04-039 For the City Council Hearing Date of: November 16,2004 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 November 30, 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-O4-039 - PAGE 1 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 Boise Surplus 2002, LLC. 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 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian 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 ofthe 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 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 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 Landscape Plan prepared by James Gipson Associates, labeled Cherry Crossing BId. C, dated 8- 11-04 and 8-31-04, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-039 - PAGE 2 of 4 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: 1. The applicant's Site Landscape Plan as evidenced by having submitted the Site Landscape Plan dated 8-11-04 and 8-31-04, 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 cornmission 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 11-17-4.B.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-04-039 - PAGE 3 of 4 F. Exhibits Exhibit A: Legal Description Exhibit B: Site/Landscape Plan Exhibit C: Conditional Use Permit Conditions of Approval Exhibit D: Conditional Use Permit Findings e City Council at its regular meeting held on the 2004. /4-¿ day of COUNCIL MEMBER SHAUN WARDLE VOTED /Jf;J~ COUNCIL MEMBER CHRISTINE DONNELL VOTED-* VOTED~ VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMYdeWEERD (TIE BREAKER) - VOTED and City Attorney. By: .~l.lÍVn.5{.À Q VVU Cl Y Clerk's Office Dated: 12-:2'0-04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-039 - PAGE 4 of 4 EXHffiIT A Legal Description I IDAHO SURVEY GROUP 14SOE",Wate_rSc Suite 150 Mendian. rdahó 83642 - '--~----------'-~-~------_...._, - - ,-..-----,- -, Phone (208) 846'¡¡S70 Fax (208) 884-5399 ----~-------- ----- Project No. 03-'125 August 8,2003 Proposed Lot 1 Cherry Crossing Subdivision No.2 A parcel of land being e portion of Lots 13, 14 and 15, Block 1 of Cherry Crossing Subdivision as filed in Book 86 of Plats at Page 9696 records of Ada County, Idaho iocated in the SE% of Section 2, T.3N., R.1W.. B.M., Meridian, Ada County, Idaho more particularly described as follows: BEGINNING at the SW corner of said Lot 15; thence aiong the West boundary line of said Lot 15 and said Lot 13 North 00'26'14" East, 547.29 feet to a point on the southerly right-of-way line of WeSt Emerald Falls Drive: thence along said southerly right-of-way line the following 8 courses: South 89'33'46" East, 71.52 feet to the beginning of a curve to the right; thence along said curve 8.77 feet, said curve haVing a radius of 20.00 feet, a central angle of 25'0727" and a long chord of 8.70 feet which bears South 77'00'03" East to the point of reverse cUlve; thence along said reverse curve 43.e5 feet, said curve having a radius of 50.00 feet, a centra! engle of 50'14'55" and a long chord of 42.48 feet which bears South ego33'46" East to the point of reverse curve; thence along said reverse curve 8.77 feet, said curve havIng a radius of 20.00 feet, a central angle of 25'07'28" and a long chord of e.70 feet which beers North 77'52'30" East to the point of tangency; thence South 89'33'48" East, 209.84 feet to the beginning of a curve to the right; thence along said CUIV$ 52.57 feet, said curve having a radius of 75.00 feet, a central angle of 47'48'11" and a long chord of 60.78 feet which bears South 65°39'41" East: thence South 43'17'01" Wast, 49.27 feet; thence South 00'00'00" West, 178.19 feet; \ISeRVER1\CompanylrSG P~m2Ph~(r-'t5m.nM'ri'9tó-'1'F' CrossJng l12.doc " thence North 90°00'00" West, 94.36 teet: thence South 00"02'09" East, 85.33 teet thence South 89"57'51" West, 199.90 feet; thence S9Ulh 90"00'00" East, 149.68 feet; thence South 21°50'45" East, 48.72 feet: thence South 00°06'29" West, 16.65 teet to a point on the North right-at-way line of West Chen)' Lane; thence along said North right-ot-way line North 89°33'46" West, 90.47 feet to the POINT OF BEGINNING. Prepared by: Idaho Survey Group, P:C, D, TelTY Peugh, P.l.S, I\SERVeR1\CompaoylISG PlOiecOoICheny CNIsoIn. L!A (O3-125__Ip_1.ot 1""- eros."" "'-doc EXHIBIT B Site/Landscape Plan W. E-Illd fIg. Dnve -,.....,..,..........,. !1M L8nd0c:- PIIn ~ iIIYI',¡,; ¡'".A.~ N g,JAUIUI GIPSON ASSOCIATES -'-"'~, . g, '~"'ng "bm ::=-.,.=.--- CHERRY CROSSlHC 8LD. C -"'on JD "boo" COM"M"'. JOA. "'" °"',,"" '/31/"" ) 7. 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 and P & Z Commission as follows: SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT) 1. All applicable conditions of the previously approved MI-04-010, Cherry Crossing Subdivision No's 1-2, and CUP-O3-013 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-04-010, 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 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. 6. 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 feetby 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 8. 9. 10. II. 12. 13. 14. 15. size approved by SSC. All dumpster(s) must be screened in accordance with MCC 11-12- I.C. Prior to issuance of a Certificate of Zoning Compliance (CZC), the applicant shall submit an approved (stamped) site plan from 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). All construction shall conform to the requirements of the Americans with Disabilities Act. In accordance with MCC 12-13-8 and MCC 9-1-2, an underground, pressurized irrigation system shall be installed to all landscape areas. Sanitary sewer and water service shall be from service lines to the city of Meridian's existing systems adjacent to the site. A drainage plan designed by a State of Idaho 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 Enviroumental 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 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. B. 2. 3. 4. 5. 6. 7. 8. c. 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. Adopt the recommendations of the Meridian Fire Department as follows: 1. Acceptance of the water supply for fire protection will be by the Meridian Water Department. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Y>" 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 comers. Fire hydrants shall not have any vertical obstructions to outlets within 10'. e. f. All entrance and internal driveways shall have a turning radius of 28' inside and 48' outside. All driveways shall have a clear driving surface, available at all times, which is 20' wide. Maintain a separation of 5' from the building to the dumpster enclosure. All portions of the buildings located on this project must be within 150' of a paved surface. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. Adopt the recommendations of the Sanitary Services Company (SSC) as follows: 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- I.C. Prior to issuance of a Certificate of Zoning Compliance (CZC), the applicant shall submit an approved (stamped) site plan from SSC. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal. EXHffiIT 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; The applicant is not requesting 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- I3-5.B.8). For reference, MCC 11-13-5.B.2 requires retail uses to provide Ion-site parking space for every 200 square feet ofbuilding (gross); clubs and lodges are required to provide Ion-site stall for every 300 square feet of floor area; and public or community clubs are required to provide I 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 of building (6000 sq. ft. buildingl48 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. Landscaping: 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 relv on the applicant's testimonv at the public hearing, staff's analvsis, and established parking standards outlined in MCC 11-13-5 to determine if the site is large enough. to provide adequate parking for the proposed use. See Site Specific Condition #2 below. D. 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 CoN (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 11- 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 C- N zone and the goals, objectives, and action items of the Comprehensive Plan. If approved 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 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 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 corner. Therefore, staff finds that the construction, operation, and maintenance of a fitness center will change the existing character of the northwest corner 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 ofthe 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 anv written or oral testimonv provided at the public hearing, as well as staff's analvsis. when determining if the proposed use will adverselv change the character of the area. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect 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 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 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 fU'e 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 from the Meridian Police Department, Meridian Fire Department, and other agencies/departments are at the end ofthis 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 from 6 am to 10 pm, seven days a week. If the conditions imposed with this report are 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 H. I. reason of excessive production of traffic, noise, smoke, fumes, glare or odors. That the proposed use will have vehicular approaches to the property which shaD 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. If parking 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 natnral, scenic or historic featnre 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.