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Project Name: Contact Name: CITY CLERK FILE CHECKLIST Anytime Fitness File No. AP 07-008 Travis Burrows Phone: 639-4617 Date Received from Planning and Zoning Department: August 7, 2007 Planning and Zoning Level: Hearing Date: N/A ❑X Transmittals to agencies and others: ❑X Notice to newspaper with publish dates: and ❑ Certifieds to property owners: ❑ Planning and Zoning Commission Recommendation: ❑ Approve 0 Deny Notes: City Council Level: Hearing Date X❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: 08/13/07 and ❑ Certifieds to property owners: N/A ❑ City Council Action: ❑ Approve ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: ❑ Approved by Council: ❑ Copies Disbursed: ❑ Findings Recorded Development Agreement: ❑ Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies Disbursed: Ordinance No. Resolution No. ❑ Approved by Council: ❑ Recorded: Deadline: 10 days ❑ Published in newspaper: ❑ Copies Disbursed: Notes: September 4, 2007 August 7, 2007 ❑ Deny 08/27/07 Resol,dori O iDinal Res/ Copy Cert Mlnutebook Copy Res/Copy Cea City Clerk Ciy Engineer CiN Planner Ciy Altori Sterling Codfiers Project File Depuy Clerk Copy Res/Or inal Cer[ Ada County (CPAs) Applicant(non-CPAs) Recorded Ordnances. Onginal-. Mlnutebook Copies to Ciy Clerk state TmC' state Treasurer. Aud tor. Assessor Sterling Codfiers City Anomey City Engineer City Planner Pro) -file Applicant (if appl ) Dept,/ Clerk Rodin, / Orders: a penal: Mlnutebook Copies to: Applicant Project file Ciy Engineer City Planner C-Arcomey Depuy Clerk •• Record Vi cadon Finclnya Retarded Development Agreenterm: Q g,nal:Fireproo( File Copies .'.Applicant Project file City Engineer Ciy Planner Ciy Anomey Depuy Clerk crrY of C�MeY1Ul1G>E-n `, TRANSMITTALS TO AGENCIES FOR COMMENTS ON __ MAYOR IDAHO pEVELOPMEN I PROJECTS WITH THE CITY OF MERIDIAN �tiFc F��R O%TREASUREV��Y To insure that your comments and recommendations will be considered by SIMCE t903 the Meridian City Council please submit your comments and recommendations to Meridian City Hall Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree David Zaremba CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 Attn: Will Berg, City Clerk, by: August 28, 2007 Transmittal Date: August 7, 2007 File No.: AP 07-008 Hearing Date: September 4, 2007 Request: Public Hearing - City Council review for an Appeal of the Planning & Zoning Commission's decision limiting the hours of operation from 5:00 a.m. to 11:00 p.m. for Anytime Fitness located in an L-O zone district within Sundance Subdivision No. 5 By: Dave Evans Construction Location of Property or Project Steve Siddoway (no FP) 3220 N. Meridian Road David Moe (no FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, C/C David Zaremba C/C Water Department Sewer Department Sanitary Services(No VAR, VAC, FP) Building Department / Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: Meridian School District (No FP) Meridian Post Office(FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP) Qwest (FP/PP only) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper CI"1'Y 0- 'I"k" om MAYOR l ^ IDAHO / EVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN TREASUREv:To insure that your comments and recommendations will be considered by SINCE the Meridian City Council please submit your comments and recommendations to Meridian City Hall Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree David Zaremba CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 Attn: Will Berg, City Clerk, by: August 28, 2007 Transmittal Date: August 7, 2007 File No.: AP 07-008 Hearing Date: September 4, 2007 Request: Public Hearing - City Council review for an Appeal of the Planning & Zoning Commission's decision limiting the hours of operation from 5:00 a.m. to 11:00 p.m. for Anytime Fitness located in an L-O zone district within Sundance Subdivision No. 5 By: Dave Evans Construction Location of Property or Project: 3220 N. Meridian Road Steve Siddoway (no FP) David Moe (no FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) 1 Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, C/C David Zaremba C/C Water Department Ntf Sewer Department Sanitary Services(No VAR, vac, FP) L Building Department / Rich Greene Fire Department L� Police Department City Attorney City Engineer City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: Meridian School District (No FP) Meridian Post Office(FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District er 0. (FP,PP,CUP) Qwest (FP/PP only) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK- FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper Planning Department COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ,2 'Conditional Use Permit ❑ Conditional Use Permit Modification ❑ Final Plat ❑ Final Plat Modification ❑ Planned Unit Development ❑ Preliminary Plat ❑ Rezone ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment ❑ Vacation (Council) ❑ Variance , A �6ll fa'Other STAFF USE ONLY: File number(s): P- D 7- 0 G T, Project name: AAmll IA c r. Date filed: 6 44 Bate omplete: Assigned Planner: -_ 9,11 rq l5t ;15 Related files:_ C kP - 07- 6 IS— Hearing date: �- Y n ❑ Cotnmissionl Council Applicant Information Applicant name: bu c•��, Phone: tS 3 - I Z-03 Applicant address: 7-7 (i 1 0. 4ve-,,%-d, )Sr S' ,, 10 9 zenst f�_ Zip: f$3'71 y Applicant's interest in property: I Own ❑ Rent ❑ Optioned ❑ Other Owner name: - SeAtre, Cr ,S;!n�, LLLCL Phone: _653-/ Zo3 Owner address: -] ? co 1 tJ• 2i.evr., �/ Sk /60 ons�, D Zip: Agent name (e.g., architect, engineer, developer, representative): :�5*-mc \Lr_\ Firm name: Address: Primary contact is: XApplicant ❑ Owner ❑ Agent ❑ Other Contact name: // rAV. s Am raIIS E-mail: -i-,ntv;Sb Subject Property Information Location/street address: _ 122U W , M Phone: Zip: Phone: _ & 39- ` & / 7 Fax: $53-/2-7-o Assessor's parcel number(s): eh22'Sr7 07 c C) e>E Township, range, section: Total acreage: JO - °r Arm.,�'J Current land use: VAC,O,� Current zoning district: L-� 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 . Facsimile: (208) 888-6854 . Website: www.meridiancity orQ I " Project/subdivision name: General description of proposed project/request: +lu — - - - kz- kgsu r-S Of O P c^+i0 A . Proposed zoning district(s): (_- Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential � Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): IJ k Who will own & maintain the pressurized irrigation system in this development? Sc e-S CfvSs fk4, 1, L LL Which irrigation district does this property lie within? se'Rle % L✓i�q^-�'�-�� Primary irrigation source: % "A ( K R Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): _ Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: _ 2 or more Bedrooms: Proposed building height: _ Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: I Other lots: Gross floor area proposed: 1-1 l 1 e�. c� Existing (if applicable): _iQf Hours of operation (days and hours): Z 41 keoHns Building height: 'LZy r Percentage of site/project devoted to the following: o /J � Landscaping: 15. .o Building: v' `o Paving: Total number of employees: 5 Maximum number of employees at any one time: 2. Number and ages of students/children (if applicable): 01 Seating capacity: Total number of parking spaces provided: 1 ':5— Number of compact spaces provided: _ l2� Authorization Print applicant name: — /�►� Applicant signature: Date: 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 S - %-(�% Phone: (208) 884-5533 • Facsimile: (208) 888-6854 . Website: www.meridiancity.org 2 C O N S T R U C T I Q N 7761 W. Riverside Dr. Suite 100, Boise, Idaho 83714 (208) 853-1203 FAX (208) 853-1220 website: devansconstruction.com August 6, 2007 To: City of Meridian City Council RE: Anytime Fitness Appeal Appeal of recommended Planning & Zoning Conditions On August 2, 2007, the Planning and Zoning Commission approved the Conditional Use Permit (CUP-07-015) to allow a fitness center with 24-hour availability within Sundance Subdivision No. 5 (aka Settlers Crossing). The proposed project will be a 4,750 square foot, single story fitness center that will operate 24 hours/day. The existing zoning to remain is L-O (Limited Office). The Commission approved the Conditional Use Permit with the added condition 1.9 — Hours of operation for the fitness facility shall be limited from 5:00 a.m. to 11:00 p.m. The name of the facility is Anytime Fitness and their business model is 24-hour availability to members by use of key cards after hours. With a condition limiting the hours of operation, it essentially defeats the purpose of a 24-hour facility like this and may, in -fact, result in this business finding another location. We request that the condition limiting the hours of operation be stricken and allow the business to operate as presented. If you have any questions, please contact me at 639-4617. Travis Burrows Dave Evans Construction 0 }}) /yk 9cc 2 {}\ cn Z a o ( 0 \}) { C)w \ \)/ > } \}CD CL CD CS w \ mi: § E \ 13000000 211 O k\% \ 0.4=o„ n-D/ £�» �o m7;m@°A3§!' ° k¢m/( !mR-\§\ _ E & rl) w ; » 2/kJ[ § ` C. ® CD § , m! �M m 22 - R/ 3 2 G $ � � 93 -7 C, 2007 DAVE EVANS CONSTRUCTION. THIS INSTRUMENT IS THE PROPERTY OF DEC. ANY REPRODUCTION, REUSE OR MODIFICATION OF THIS INSTRUMENT OR ITS CONTENTS WITHOUT SPECIFIC WRITTEN PERMISSION OF DEC IS STRICTLY PROHIBITED. 1 MERIDIAN ROAD m zZ z z m c m z 0 C. r O e 23' Existing Landscape Berm N00-51'27"E 185.00' © r I z -n> coIq m w CDx ' o (n3Nim cn CD w. r � m a to 0 CD CD CD I I Ivl o © II J L8 z oo cD W O O X O� ACID 0 m U1 �I O L7 dm;tor n m c o Si r m 3< g.m mm dacS' -4` c 3 F d � � �D i v m mmm�mmamri, ?xv�n Lnmgoa in �m �iiv mna oRm9on� Im �g m m p� &g 'RPM c 0 N00°51 '27" E 17 v X ITT 0 T _Fz 0 7 c ID Co 2fo — z N 5: _v II II aCmD LJ J -o vl >➢ I ICI I Cr __._—.. Ln m D mX z� m $ a m @ o s s a 5 a P gNo ep a3R`a �� 6S ➢�3 %$ aRoeN - E■ Anytime Fitness -'y� - o Settlers Crossing ■-CEVANS O°2N Genesis Nelson 7761 W. Riverside D1. Boise, ID f genesisn20000yahoo.com 83714 m Office 853.1203 Fax 853-1220 www.devansconstruc6on.com p v CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Conditional Use Permit (CUP-07-015) to allow an indoor recreation facility for Anytime Fitness in the L-O zoning district, within Sundance Subdivision No. 5, by Dave Evans Construction. Case No(s). CUP-07-015 For the Planning and Zoning Commission Hearing Date of. August 2, 2007 (Findings approved on August 2, 2007) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 2, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 2, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 2, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 2, 2007, incorporated by reference) B. Conclusions of Law 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 Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 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 § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-015 M `.J 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 Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Site Plan, Landscaping Plan and Conditions of Approval all in the attached Staff Report for the hearing date of August 2, 2007, 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 Planning & Zoning Commission'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: 1. The applicant's request to allow an indoor recreational facility within the L-O zoning district on Lot 10 of the Sundance Subdivision No. 5 is hereby conditionally approved. 2. At the public hearing, the Commission approved the project and added condition of approval 1.9, limiting the hours of operation from 5 a.m. to 11 p.m. as shown in Exhibit B of the attached Staff Report. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of August 2, 2007, incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. 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 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 (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-015 void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months 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 plat or 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, 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. Attached: Staff Report for the hearing date of August 2, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-015 By action of the Planning & Zoning Commission at its regular meeting held on the day of , 2007. COMMISSIONER MICHAEL ROHM (Chair) COMMISSIONER DAVID MOE COMMISSIONER WENDY NEWTON-HUCKABAY COMMISSIONER TOM O'BRIEN COMMISSIONER STEVE SIDDOWAY Attest: Tara Green, Deputy City Clerk VOTED VOTED VOTED VOTED VOTED CHAIRMAN MICHAEL ROHM Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: City Clerk Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-015 CITY OF MERIDIAN PLANT I G DEPARTMENT STAFF REPORT FOR THE HESft6NG DATE OF AUGUST 2, 2007 STAFF REPORT Hearing Date: TO: FROM: SUBJECT: August 2, 2007 Planning & Zoning Commission Bill Parsons, Associate Planner 208-884-5533 Anytime Fitness • CUP-07-015 I I,?.tHO Conditional Use Permit to allow a fitness center within an L-O district, in Sundance Subdivision No. 5, by Dave Evans Construction I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Dave Evans Construction, is requesting Conditional Use Permit (CUP) approval to allow a fitness center within the Sundance Subdivision No. 5 (aka Settler's Crossing). The applicant is proposing to use the site for a 4,750 square foot single story, 24 hour fitness center. The site totals 0.91 acres and is located on proposed Lot 10, Block 1, of the Sundance Subdivision No. 5 (PP-06-014, FP-06- 042). The subject property is generally located on the northeast corner of Meridian Road and Ustick Road and is currently zoned L-O (Limited Office). The unified development code requires all indoor recreational facilities (fitness center) to obtain Conditional Use Permit approval within the L-O zoning district, prior to operation. It is important to note, Staff has approved a CZC for an office shell on the subject site, however, the applicant is proposing an indoor recreational use which requires approval of this Conditional Use Permit (CUP-07-015). 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP application below. Staff recommends approval of CUP-07-015 for Anytime Fitness, as presented in the Staff Report for the hearing date of August 2, 2007, subject to the conditions listed in Exhibit B. The Meridian Plannine and Zoning Commission heard this item on August 2 2007 At the Dublic hearinL, the Commission approved the project and added condition of approval 1.9. limitinn the hours of operation from Sam to 11 p.m. 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-07- 015, as presented in the staff report for the hearing date of August 2, 2007, with the following modifications to the conditions of approval: (add any proposed modifications). NOTE: The findings documents for this item are at the end of the agenda. Denial After considering all Staff, Applicant, and public testimony, I move deny File Number CUP-07-015, as presented during the hearing on August 2, 2007, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on August 16, 2007. Anytime Fitness — CUP-07-015 PAGE 1 i CITY OF MERIDIAN PLG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2, 2007 Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- 07-015 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3220 E. Meridian Rd. Lot 10, Block 1, Sundance Subdivision No. 5 Section 31, T4N, R1E b. Owner: Settlers Crossing 7761 West Riverside Dr. Suite 100 Boise, ID 83714 c. Applicant / Contact: Travis Burrows, Dave Evans Construction 7761 West Riverside Dr. Suite 100 Boise, ID 83714 d. Present Zoning: L-O e. Present Comprehensive Plan Designation: Office f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP) approval to allow a fitness center within the Sundance Subdivision No. 5. 1. Date of Site & Landscape Plan / Building Elevations (Exhibit A): May 11, 2007 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use per City Ordinance. By reason of the provisions of UDC 11-5B-6, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: July 16, 2007; July 30, 2007 c. Radius notices mailed to properties within 300 feet on: July 7, 2007 d. Applicant posted notice on site by: July 23, 2007 6. LAND USE a. Existing Land Use(s): Vacant. b. Description of Character of Surrounding Area: This area is transitioning into an office area and is provides a buffer for the existing residential subdivisions to the north and east of the subject site. There are various other office uses that exist within the same subdivision as the subject site. c. Adjacent Land Use and Zoning I. North: Residential, zoned R-8 2. East: Residential, zoned R-8 Anytime Fitness — CUP-07-015 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEN!4NG DATE OF AUGUST 2, 2007 3. South: Residential, zoned R6 (Ada County) 4. West: Settler's Park, zoned L-O d. History of Previous Actions: This property was approved for office uses, as a use exception to the residential portion of the development, as part of a PUD for Sundance in 2002. The first subdivision approved on this property allowed for 4 office lots within Sundance Subdivision No. 3. Sundance Subdivision No. 5 (aka Settlers Crossing) is a re -subdivision of the 4 office lots, Lots 21, 22, 25, and 26 of Sundance Subdivision No. 3. In 2006 City Council approved a rezone of 5.4 acres from R-8 (Medium Density Residential) to L-O (Limited Office); preliminary plat (PP-06-014) of 12 office building lots; and Conditional Use Permit (CUP-06-011) to modify CUP-01-026 to allow the addition of 8 building lots and change the building pad layouts and parking configuration. An addendum to the Development Agreement (MI-06-001) was also recorded to reflect the changes mentioned above. The final plat for Sundance Subdivision No. 5 (FP-06-042) has been approved but not recorded for the subject site. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Sewer for this project was installed with Sundance # 3. Location of water: Water for this project was installed with Sundance # 3. Issues or concerns: None. 2. Vegetation: N/A 3. Floodplain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: N/A 6. Existing Zoning: L-O 7. Lot Size: 0.91 acres f. Conditional Use Information: Procurement of a CUP is required for indoor recreational facilities located within the L-O zoning district. The subject site is located within a L-O zoning district. 1. Non-residential square footage: 4,750 square feet 2. Proposed maximum building height: 24 feet (see Exhibit A — Building Elevations) 3. Number of residential units: N/A 4. Proposed Hours of Operation: 24 hours g. Off -Street Parking: I. Parking spaces required: 10 2. Parking spaces proposed: 15 on site parking stalls (CCR's grant shared parking) 3. Compact spaces proposed: 0 h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the subject site will be primarily from Meridian Road, west of the site, and Ustick Road, south of the site. Neither of these access points is on the subject property. There is an existing cross -access Anytime Fitness — CUP-07-015 PAGE 3 CITY OF MERIDIAN PLANNiRG DEPARTMENT STAFF REPORT FOR THE HEXING DATE OF AUGUST 2, 2007 easement for all of the lots within this development to share drive aisles to/from the public streets. There is also interconnectivity from the existing residential neighborhood to the east of the subject property (Sundance Subdivision No. 3). The Applicant appears to be in compliance with the access conditions set forth in the approved final plat for Sundance Subdivision No. 5. 7. COMMENTS MEETING On July 13, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department and Meridian Public Works Department. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as `Office'. In Chapter VII of the Comprehensive Plan, `Office' areas are anticipated to provide opportunities for low - impact business areas. Uses would include offices, technology and resource centers; ancillary commercial uses may be considered (particularly within research and development centers of technological parks). Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): • "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) The subject site can be serviced by the City of Meridian's sanitary sewer and water systems, and all other urban services. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) Staff is conditioning approval of the subject CUP upon the applicant installing and maintaining landscaping on this site. Refer to the CUP Analysis, Section 10, for more information on landscaping at this site. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Staff believes that the proposed use will be a benefit to the surrounding residential communities in the area. Staff believes that the proposed use is consistent with the Comprehensive Plan and the previously approved applications for this site. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. 9. ZONING ORDINANCE a. Allowed Uses in Commercial Districts: UDC Table 11-213-2 lists the permitted, accessory, and conditional uses in the L-O zoning district. Indoor Recreational Facilities require a conditional use permit in the L-O zoning district. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Anytime Fitness — CUP-07-015 PAGE 4 CITY OF MERIDIAN PLANNMG' DEPARTMENT STAFF REPORT FOR THE HEM&G DATE OF AUGUST 2, 2007 General Standards: No dimensional modifications are being requested for the proposed development; full compliance with the UDC is required. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the proposed site design as presented in the CUP site plan, labeled Sheet 1 and dated May 11, 2007, and the landscaping as proposed, with the following comments: Use: As mentioned earlier in this report, procurement of a CUP is required for the proposed use on this site. In approving CUP'S, UDC 11-5-6C allows the decision making body to prescribe appropriate conditions, bonds, and safeguards that minimize adverse impacts on other property, control the duration of the use,.require more restrictive standards than those generally required, and assure that the use and property is maintained properly. There are residential uses nearby the subject property, and the applicant is proposing to operate a 24 hour facility. Due to this property being located right on the corner of Ustick/Meridian, staff does not believe the proposed use on this site should have a negative impact on any property in the area. Therefore, all of the conditions regarding this site are "standard" UDC requirements; no site specific conditions have been included. Staff recommends that the Commission rely on any public testimony that may be provided regarding the compatibility of this use with the other uses in the area. Access: Primary access to the subject site will be from three access points. The northern access to the subject site will be from Meridian Road and eastern access from Ustick Road, across other lots in the development. There is also interconnectivity from the existing residential neighborhood to the east of the subject property (Sundance Subdivision No. 3). There is an existing cross -access easement for all of the office lots in Sundance to share drive aisles and access to/from the adjacent public streets. Staff is generally supportive of the access points and parking lot design and the applicant appears to be in compliance with the conditions set forth in the previously approved final plat. Parking: A site visit by staff has verified the 15 parking stalls have been constructed on the subject site. Only 10 parking stalls are required by Ordinance. UDC 11-3C-5A requires 90' parking stalls to be 19 feet deep by 9 feet wide, adjacent 25-foot drive aisles. The Applicant's proposed parking plan is generally consistent with the aforementioned UDC parking requirements. Additionally, UDC 11-3C-6G requires that one bicycle parking space be provided for every 25 vehicle parking spaces or a portion there of. Provide a minimum 1-park bicycle rack on this site. Landscaping: The Applicant has proposed approximately 15.8% landscaping on the subject site. All perimeter landscaping and planters were approved with Sundance Subdivision No. 5 final plat (FP-06-042). As mentioned above, the final plat has not been recorded, however, a site visit was conducted to verify the perimeter landscaping and planters have been installed and are being maintained. The landscape plan prepared by Dave Evans Construction, on May 11, 2007, and labeled Sheet 1, generally complies with the UDC landscaping requirements. A written certificate of completion must be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to occupancy of the building. All standards of installation shall apply as listed in UDC 11-3B-14. Building Elevations: The Applicant has submitted elevations for the proposed building. (See Exhibit A) Staff is generally supportive of the proposed elevations, prepared by Dave Evans Construction, dated May 11, 2007. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or Anytime Fitness — CUP-07-015 PAGE 5 CITY OF MERIDIAN PLANIJIT"G DEPARTMENT STAFF REPORT FOR THE H�I G DATE OF AUGUST 2, 2007 the use is established (UDC 11-5B-1A). To ensure that all of the conditions of approval listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to establishing a fitness center on this site. All improvements must be installed prior to occupancy. It is important to note, Staff has approved a CZC for an office shell on the subject site, however, the applicant is proposing an indoor recreational use which requires approval of this Conditional Use Permit (CUP-07-015). b. Staff Recommendation: Staff recommends approval of CUP-07-015 for Anytime Fitness, as presented in the Staff Report for the hearing date of August 2, 2007, based on the Findings of Facts as listed in Exhibit C and subject to the conditions of approval listed in Exhibit B. The Meridian PlanninLy and Zoning Commission heard this item on August 2 2007 At the Public hearine, the Commission approved the proiect with added condition of approval 1.9 limitine the hours of operation from 5 a.m. to 11 p.m. 11. EXHIBITS A. Drawings 1. Vicinity Map 2. CUP Site Plan (Dated May 11, 2007) 3. CUP Landscape Plan (Dated May 11, 2007) 4. Proposed Building Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Nampa and Meridian Irrigation District C. Required Findings from Unified Development Code Anytime Fitness — CUP-07-015 PAGE 6 CITY OF MERIDIAN PLANT I G DEPARTMENT STAFF REPORT FOR THE HEXING DATE OF AUGUST 2, 2007 A. Drawings 1. Vicinity Map Exhibit A Page 1 CITY OF MERIDIAN PLANMMG DEPARTMENT STAFF REPORT FOR THE HEXING DATE OF AUGUST 2, 2007 2. CUP Site Plan (Dated May.11, 2007) 11 owl m 9�Mi, f�6 A%�s4. �:3d sM R9ckMie NtiJix+ N�Sh'A.L�ifz:e+i:MAa�) Yi;it tkaN�;9�kyte sf.�i.xaahnm i4:b�g9°> gKM.Jbs2i'. +A^!' RSN ne esl�iidE/e -m. fi�°.tiv� 4R: k"kJ1"11XYUd SYlezd 2.`d4d •�.... Exhibit A Page 2 CITY OF MERIDIAN PLANNfAG DEPARTMENT STAFF REPORT FOR THE HSKING DATE OF AUGUST 2, 2007 3. CUP Landscape Plan (Dated May 11, 2007) xaxMwrx a.: sw,asa+war. ropxsac+a wsj�ww.x; a..+,rw+�xuas :�raat�,r€aatr.tix �uxsrrn—atsxaatw.r,� , Nnaa V4V `0HVW *KWWXaK '.s'F.eiJs4"A afuj1LNV s;Zg, Exhibit A Page 2 CITY OF MERIDIAN PLANT� G DEPARTMENT STAFF REPORT FOR THE H�NG DATE OF AUGUST 2,2007. 4. Proposed Building Elevations j EAST ELEVATION NORTH ELEVATION WEST ELEVATfON ,SOUTH ELEVATION Notes -= - T- 11 4 Elevations Elevations Exhibit A Page 2 CITY OF MERIDIAN PLANN�G DEPARTMENT STAFF REPORT FOR THE HMJNG DATE OF AUGUST 2, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The Applicant shall comply with all conditions of approval for Conditional Use Permit (CUP-06- 011), Preliminary Plat (PP-06-014) and Final Plat (FP-06-042) of Sundance Subdivision No. 5. The Site Plan labeled Sheet 1, prepared by Dave Evans Construction, and dated May 11, 2007, is approved subject to the conditions listed below. 1.2 All 90-degree parking stalls shall be, at minimum, 19 feet deep by 9 feet wide, adjacent to 25-foot wide drive aisles. 1.3 The landscape plan prepared by Dave Evans Construction., on May 11, 2007, labeled Sheet 1, is approved with the following notes: • Provide 15.8% of the site for landscaping; • All perimeter and planter landscaping for Sundance Subdivision No. 5 shall be protected during construction. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to occupancy of the building. All standards of installation shall apply as listed in UDC 1I- 3B-14. Where the Applicant has submitted a preliminary landscape plan, and where Staff has reviewed such plan, the landscaping shall be consistent said plan. All standards of installation shall apply as listed in UDC 11-313-14. The preceding notes shall .be shown on a revised 'landscape plan submitted with a revised Certificate of Zoning Compliance application. 1.4 To ensure that all of the conditions of approval for CUP-07-015 are complied with, the Applicant shall be required to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department prior to establishing a fitness center on this site. 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. A bid must accompany any request for temporary occupancy. 1.6 No signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. 1.7 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 1.8 Provide a minimum 1-park bicycle rack on this site. 1.9 Hours of operation for the fitness facility shall be limited from 5.00 a.m. to 11 p.m. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of sewer mains that were installed on the property during Sundance #3. The applicant shall install all mains necessary to provide service; 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 being proposed via extension of mains that were installed on the Exhibit B Page 1 CITY OF MERIDIAN PLANNt116DEPARTMENT STAFF REPORT FOR THE HNWJNG DATE OF AUGUST 2, 2007 property during Sundance #3. The applicant shall install all mains necessary to provide service; 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. 2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). 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 signature on the final plat by the City Engineer. 2.5 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.6 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non - domestic purposes such as landscape irrigation if approved by ID". 2.7 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to applying for building permits. 2.8 The applicant has not indicated how the storm drainage from the proposed parking lots associated with the attached units will be disposed. 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 shall 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 Wells. 2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc.,, prior to applying for building permits. 2.10 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.11 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, , prior to applying for building permits. 2.12 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Exhibit B Page 2 CITY OF MERIDIAN PLANNYG DEPARTMENT STAFF REPORT FOR THE HESOING DATE OF AUGUST 2, 2007 2.14 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. 2.15 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %2" 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 specifications; d. Fire Hydrants shall be placed on corners when spacing permits; e. Fire hydrants shall not have any vertical obstructions to outlets within 10'; f. Fire hydrants shall be place 18" above finish grade; g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5; h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 Commercial and office occupancies will require a fire -flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.8 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.9 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on -site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m); b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.10 There shall be a fire hydrant within 100' of all Fire Department connections. Exhibit B Page 3 CITY OF MERIDIAN PLANT 1t G DEPARTMENT STAFF REPORT FOR THE HEOING DATE OF AUGUST 2, 2007 4. POLICE DEPARTMENT 4.1 The Police Department did not comment on this Conditional Use Permit Application. 5. PARKS DEPARTMENT 5.1 The Parks Department did not comment on this Conditional Use Permit Application. 6. SANITARY SERVICES COMPANY 6.1 Sanitary Services did not comment on this Conditional Use Permit Application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC COMMENTS 7.1.1 Prior to final approval you will need to submit construction plans to ACHD Development Review Department to insure compliance with the conditions identified above or for traffic impact fee assessment. This is a separate review process that requires direct plans submittal to the development review staff at the highway district. 7.1.2 A traffic impact fee will be assessed by ACHD and will be due prior to the issuance of a building permit. Contact ACHD Planning and Development service at 387-6170 for information regarding impact fees. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file number) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of a building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use, and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as the Ada County Highway District Road Impact Fee Ordinance. Exhibit B Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE IIING DATE OF AUGUST 2, 2007 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 The NCDHD had no objections to the proposal. 9. Nampa and Meridian Irrigation District 9.1 All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 9.2 The Developer must comply with Idaho Code 31-3805. Exhibit B Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEAk G DATE OF AUGUST 2, 2007 C. Required Conditional Use Permit Findings from UDC 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 proposed building and use on this site can accommodate and meet all dimensional and development regulations of this district. Staff finds that the subject property is large enough to accommodate the required setbacks, parking, landscaping and other features required by the ordinance. Staff recommends the Commission rely on Staff s analysis and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. 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 designated Comprehensive Designation for this property is Office. The property is currently zoned L-O, with a requirement for CUP approval of the indoor recreational use. The proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10 above for more information regarding the requirements for this use). 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 this report, the general design, construction, operation, and maintenance of a office building 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 this report, the proposed uses will not adversely affect other property in the area. The Commission should rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. 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 sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACHD. Based on comments from other agencies and departments, Staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. 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. Exhibit C Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HE�G DATE OF AUGUST 2, 2007 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 recognizes that traffic and noise will increase with the approval of the recreational use in this location; however, Staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed uses will not be detrimental to people, 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. The Commission finds that there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Commission's attention. Staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit C Page 2 Hearing Date: September 4, 2007 N%/ .DECEIVE AUG 01 2007 File No: AP-07-008 CitY vi Meridian. City Clerk Office Project Name: Anytime Fitness Request: A request by Dave Evans Construction to appeal The Planning and Zoning Commission's decision limiting the hours of operation from 5:00 a.m. to 11:00 p.m. for Anytime Fitness located in a L-O zone district within Sundance Subdivision, No. 5. Location: 3220 North Meridian Road (NEC Corner of Meridian Road and Ustick Road in Section 31, Township 4 North, Range 1 East. B.M.) RADIUS NOTICE REPORT 06 Aug-2007 Owners BASS SCOTT J BASS MELISSA Property Address: BRINK DINA LYNN Property Address: CALBOM GEORGE P CALBOM KELLI K Property Address: DATINGALING BAYANI A DATINGALING ANDREA R Property Address: ELLISON BILLY E ELLISON LEAH C Property Address: ESPINOSA 1999 REVOCABLE TRUST ESPINOSA DON J TRUSTEE Property Address: ESPINOSA JOHN S ESPINOSA MIRIAM Property Address: GALLION RICHARD LYNN Property Address: GEGELMAN MONTE R GEGELMAN BEVERLY A Property Address: FILE NAME: Anytime Owner Address 87 E CASSIDY DR MERIDIAN, ID 83646-3758 Anytime 179 E EASTBROOK CT MERIDIAN, ID 83646-5572 Anytime 29012 222ND PL SE BLACK DIAMOND, WA 98010-0000 Anytime 168 E SANTIAGO CT MERIDIAN, ID 83646-3856 Anytime 156 E EASTBROOK CT MERIDIAN, ID 83642-0000 Anytime 157 E EASTBROOK CT MERIDIAN, ID 83646-5572 Anytime 591 W BLAKE ST MERIDIAN, ID 83646-3753 Anytime 113 E EASTBROOK CT MERIDIAN, ID 83646-5572 Anytime 119 E CASSIDY DR MERIDIAN, ID 83646-3759 Anytime 1 J Owners Owner Address GEHMAN DAVID L 3353 N MACON PL MERIDIAN, ID 83646-3763 Property Address: Anytime GOVER JOSEPH S 175 E SANTIAGO DR MERIDIAN, ID 83646-3856 Property Address: Anytime HANSEN SARA E 112 E EASTBROOK CT MERIDIAN, ID 83646-0000 Property Address: Anytime HICKS LONNIE K 185 E EASTBROOK CT MERIDIAN, ID 83646-5572 Property Address: Anytime J D KLURE LLC 5720 N FIVE MILE CT BOISE, ID 83713-0000 Property Address: Anytime KESLER HOLDINGS LLC 16644 N MAHOGANY DR NAMPA, ID 83687-0000 Property Address: Anytime KESSLER ROBERT M 3357 N MACON PL KESSLER DENISE L MERIDIAN, ID 83646-3763 Property Address: Anytime KETTLE JENNIFER R 377 W SEDGEWICK DR MERIDIAN, ID 83646-8371 Property Address: Anytime LEWIS DAVID M 3359 N MACON PL LEWIS AUDREY MERIDIAN, ID 83646-3763 Property Address: Anytime LINDENBERG TONY M 129 E EASTBROOK CT MERIDIAN, ID 83646-5572 Property Address: Anytime 2 Owners Owner Address MERIDIAN CITY Property Address: MICHAELSON BRADLEY J & MICHAELSON NOLEEN J Property Address: NEWTON-MOORE LORECE Property Address: PARKS MARION E Property Address: PHONASA CHINDAVON PHONASA KRISTA Property Address: PRICE DAVID N PRICE VALYNN C Property Address: ROMANO FAMILY TRUST ROMANO MICHELE PAIGE Property Address: SETTLERS CROSSING LLC Property Address: SETTLERS CROSSING LLC Property Address: SETTLERS CROSSING LLC Property Address: 33 E IDAHO AVE MERIDIAN, ID 83642-2631 Anytime 128 E EASTBROOK CT MERIDIAN, ID 83646-5572 Anytime 188 E SANTIAGO CT MERIDIAN, ID 83646-3856 Anytime 275 E USTICK RD MERIDIAN, ID 83646-5503 Anytime 3433 N LEZANA AVE MERIDIAN, ID 83646-3762 Anytime 2291 N GREENVIEW CT EAGLE, ID 83616-0000 Anytime 204 VIA MALAGA SAN CLEMENTE, CA 92673-0000 Anytime 7761 W RIVERSIDE DR STE 100 GARDEN CITY, ID 83714-0000 Anytime 7761 W RIVERSIDE DR STE 100 GARDEN CITY, ID 83714-0000 Anytime 7761 W RIVERSIDE DR STE 100 GARDEN CITY, ID 83714-0000 Anytime 3 Owners Owner Address SETTLERS CROSSING LLC 7761 W RIVERSIDE DR STE l00 GARDEN CITY, ID 83714-0000 Property Address: Anytime SUNDANCE HOMEOWNERS ASSOCIATION 6223 N DISCOVERY WAY STE 120 BOISE, ID 83713-0000 Property Address: Anytime SUNDANCE HOMEOWNERS ASSOCIATION 6223 N DISCOVERY WAY STE 120 BOISE, ID 83713-0000 Property Address: Anytime SUNDANCE HOMEOWNERS ASSOCIATION 6223 N DISCOVERY WAY STE 120 BOISE, ID 83713-0000 Property Address: Anytime SUNDANCE HOMEOWNERS ASSOCIATION 6223 N DISCOVERY WAY STE 120 BOISE, ID 83713-0000 Property Address: Anytime SUNDANCE HOMEOWNERS ASSOCIATION 6223 N DISCOVERY WAY STE 120 BOISE, ID 83713-0000 Property Address: Anytime SUNDANCE HOMEOWNERS ASSOCIATION 6223 N DISCOVERY WAY STE 120 BOISE, ID 83713-0000 Property Address: Anytime SWEET BRIAN EDWARD 82 E EASTBROOK CT SWEET MOLLIE MICHELLE MERIDIAN, ID 83646-5571 Property Address: Anytime ULLAND WILLIAM C 115 E CASSIDY DR MERIDIAN, ID 83646-3759 Property Address: Anytime VOIGT GARY L GUANELL ERIC C 1908 JENNIE LEE DR IDAHO FALLS, ID 83405-0000 Property Address: Anytime CI