HomeMy WebLinkAboutMeridian Soccer Cntr CUP 03-056BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C12-16-03
[N THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR AN INDOOR
SOCCER CENTER IN AN I-L
ZONE, LOCATED ON EAST PIPER
COURT IN THE NIEDLMONT
BUSINESS PARK (MARKETED AS
STONEBRIGDGE BUSINESS
PARK), MERIDIAN', IDAHO
Case No. CUP-03-056
FINDINGS OF FACT AND
CONCLUSIONS OF LAR' AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
MERIDIAN SOCCER PROPERTY,
APPLICANT
The above entitled conditional use permit application having come before the City
Comicil on December 16, 2003, at the hoar of 7:00 p.m., at Meridian City Hall, 33 East Tdaho
Street, Meridian, Idaho, and Am1a Powell Planning Director for the Plamling and Zoning
Department, and Jim Main, appeared and testified, and the City Council having duly considered
the evidence and the record in this matter and the Recommendations to City Council issued by
the Plamling and Zoning Commission who conducted a public hearing and the Council having
heard and taken oral and written testimony, and having duly considered the matter, the City
Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and
Order to-wit:
FINDINGS OF FACT
FINDINGS OF FACT AND CONCLUSIONS OF LAR' AND DECISION ANll ORDER
GRANTING CONllITIONAL USE PERMIT
PAGE 1 OF 15
A notice of a public hearing on the conditional use permit was published For two
(2) consecutive weeks prior to the said public hearing scheduled for December 16, 2003, before
the City Council, the first publication appearing and written notice having been mailed to
property owners or purchasers of record within tlu-ee hundred feet (300') of the external
boundaries of the property under consideration more than fifteen (15) days prior to said hearing
and with the notice of public hearing having been posted upon the property wider consideration
more than one week before said hearing and the copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the matter having
been duly considered by the City Council at the December 16, 2003, public hearings; and the
applicant, affected property owners, and government subdivisions providing services within the
planning jurisdiction of the City of Meridian, having been given full opportunity to express
comments and submit evidence.
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-li-5 and 11-17-5 as evidenced by
the Aff davit of Mailing, and the Affidavit ofPublication and Proof of Posting f led with the staff
report.
This proposed development request is in an I-L zone and by reason of the
provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located on East Piper Court in the Medimont Business Park
(marketed as Stonebridge Business Panic) in Meridian, Idaho.
5. The owner of record of the subject property is John Barnes, Properties West, Inc.
FINDINGS OF FACT AND CONCLUSIONS OF LAVV AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 2 OF 15
6. Applicant is Meridian Soccer Properly.
The subject property is currently zoned I-L. The zoning district of I-L is defined
within the City of Meridian Zoning and Development Ordinance, Section l 1-7-2.
8. The proposed application requests a conditional use permit for an indoor soccer
center in an 1-L zone. The 1-L zoning designation within the City of Meridian Zoning and
Development Ordinance requires a Conditional Use Permit be obtained for most uses including
those requested by the Applicant. (Meridian City Zonng and Development Ordinance, Section
11-8-1).
9. The proposed application is in compliance with the Meridian Comprehensive
Plan, which designates the subject property as Industrial.
l0. The use proposed which is the subject of this application, will in fact, constitute a
conditional use as determined by City Ordinance.
1 L The Meridian City Council takes judicial. notice of its Zoning,
Subdivision and Development Ordinances coditied at Titles 11 and 12, Meridian City Code and
all can ent zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps
and the Ordinance establishing the Impact Area Boundary.
12. Givine due consideration to the comment received fi om the governmental
subdivisions providing services in the City of Meridian planningjurisdiction public facilities and
services required by the proposed development will not impose expense upon the public i Cthe
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the plamiulgjurisdiction of the
FINllINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDE12
GR4NTING CONDITIONAL USE PERMIT
PAGE 3 OF 15
City of Meridian, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC REQUIREMENTS
1. All exterior lighting, whether attached to the building or located within the parking lot, shall
be down-shielded or otherwise altered so that the light does not spill over onto adjacent
properties orright-of-way. All parking lotlighting shall be in accordance with Ordinance 11-
13-4C.
2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City
Zoning and Development Ordinance. All new signage is subject to design review and shall
require separate permits. Temporary or portable signs shall be prohibited, and shall be
removed upon 3 days notice to the applicant.
3. Al] construction and site improvements shall conform to the requirements of the Americans
with Disabilities Act.
4. As part of a conditional use permit, the City of Meridian may impose additional
restrictions/conditions.
Any conditions added by the Planning & Zoning Commission or City Council pertaining to
the parking lot shall be complied with prior to occupancy.
6. Enter into a shared parking agreement with neighboring businesses in the Medimont
Business Park to accommodate any potential parking overflows.
7. As part of a conditional use permit, the City of Meridian may impose additional
restrictions%condi [ions.
S. Sanitary sewer and water service shall be from existing service lines on the property.
9. 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
Eovironmeotal Quality 1997 publication Catalog ofStorm Water Best Management Practices
forldaho Cities and Counties and City ofNleridian standards and policies. Off-site disposal
into a 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND OIZllEI2
GRANTING CONDITIONAL USE PERMIT
PAGE 4 OF 15
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Commercial occupancies will require afire-flow consistent with the Uniform Fire Code to
service the proposed project. Fire hydrants shall be placed an average of 400' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The
proposed fire hydrant locations will be submitted to the Public Works for plan review.
4. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside.
5. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times.
6. All interior revocations shall comply with the 2000 International Fire Code.
G ACHD recommended that the proposed indoor soccer center comply with the ACHD
recommendations for Medimont Business Park.
D. Adopt the Recommendations of Central District Health Department as follows:
1. stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface Co prevent impact to groundwater and surface water quality.
2. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water degradation.
E. Adopt the action of the City Council taken at their December 16, 2003 meeting as
follows:
For clarification:
1. The revised Site Plan dated December 1, 2003 appears to meet the landscape
ordinance and parking lot requirements. Upon review and approval of the Planning
and Zoning Department the revised Site Plan dated December 1, 2003 shall be
approved.
2. The applicant shall obtain the shared parking agreements with the neighboring
businesses to accommodate any potential overflow parking for the site.
13. It is found that the site is large enough to accommodate all required landscaping.
FINDINGS OF FACT AND CONCLIiS1ONS OF LA~'t' AND DECi5ION ANll O12DE12
G12AN"PING CONDITIONAL USE PERMIT
PAGE 5 OF 15
The applicant's proposed landscaping plan meets all Meridian City Code landscaping
regm rements.
The MCC's parking standards (12-13-5) do not specifically list indoor soccer
centers. Th'e applicant estimates that the indoor soccer center will have two employees at the
facility and twenty soccer players using the facility at a time. The applicant's site plan proposes
3~ parking spaces to allow parking for each 6f the players (games consist of two, ten player
Ceams) employees, and spectators. Additionally, the applicant shall secure the shared paii<ing
agreements with the neighboring businesses to accommodate any potential overflow of parldng.
l4. The Comprehensive Plan Future Land Use Map designates the property as
"TndustriaP'. It is found that the proposed use is harmonious with the Comprehensive Plan. Jr is
further found that the proposed use is incompliance with the Meridian City Code.
It is found that the proposed indoor soccer center is compatible with the existing light
industrial uses found in the Medimont Business Park. The proposed structure wil I consist of a large,
open enclosed space which is similar to other structures found in business parks with I-L zoning.
The desi gn of the structure makes it both aesthetically compatible with surrounding uses and makes
the structure a good candidate for reuse if the Meridian Soccer Center ceases operation..
The uses immediately surrounding the proposed indoor soccer center are all light
industrial in nature (the surrounding uses include an office for a construe[ion company, an office for
the Intermountain Foods Corporation, and a training center for Mary Kay cosmetics) and are
compatible with the proposed indoor soccer center. The City of Meridian recently approved a dance
studio in the I-L zone, finding that the dance studio was compatible with surrounding I-L uses.
The proposed use is classified as an "indoor recreation facility" because [he active
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 6 OF 15
nature of the activity at the proposed soccer center is substantially different from the more passive
activities at a movie theater or video arcade found in what is classified as an "indoor entertainment
facility in the MCC."
l5. The adjacent industrial and office uses are compatible with the proposed indoor
soccer center. The applicant has stated in their application that the heaviest periods of usage for Che
soccer facility will be evenings and weekends. The usage tithes of the facility wili help to make the
proposed use compatible with the existing industrial uses in the business park.
16. It is not anticipated that the proposed uses will adversely affect the other properties in.
the vicinity. (See Finding of Fact number 15.)
17. It is found that the proposed development will be adequately served by the
essential public facilities and services. The proposed indoor soccer center will be constricted in
apre-existing business park which is currently served by public facilities.
18. It is found that the proposed use would not create additional requirements at
public cost for public facilities and service and will not be detrimental tothe economic welfare of
the community. The proposed soccer center will be located in apre-existing business earl: which
is already served by urban services.
19. It is anticipated that the proposed use will not be detrimental to any persons,
property, or the general welfare.
?0. It is found that the proposed use will not create interference with traffic on the
surrounding public streets. Unlike youth soccer leagues, the applicant's proposed indoor soccer
center will cater to adult soccer leagues which typically have much lower spectator attendance.
The proposed use will not generate the volume of traffic seen at youth soccer ~?ames.
FINDINGS OF FACT AND CONCLUSIONS OF 1.AW AND DECISION AND 012DER
GRANTING CONDITIONAL LISE PERMIT
PAGE 7 OF 15
21. It is not anticipated that any natural or scenic feature(s) of major importance in Che
area will be affected by the proposed development.
CONCLUSIONS OF LAW
The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975" hereinafter referred to for convenience as,the "Act" codified at
Chapter 65, Title 67, [daho Code (LC. §67-6503).
The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council of the City of Meridian has established by the passage of the "City of Meridian Zoning
and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
As part of a zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use perniits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting lhe. same
that the evidential showing supports the finding that the following standards are met and [hat the
proposed development: (Meridian City Code § 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 maybe required by this Ordinance:
b. That the proposed use and development plan will be harmonious with the
FL\D1NGS OF FACT ANll CONCLUSIONS OF LAW AND DECISION AND ORDE12
GRANTING CONDITIONAL USE PERMIT
PAGE 8 OF 15
!Meridian Comprehensive Plan and in accordance with dre requirements o~f this Ordinance;
a 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;
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not 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, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
f That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfare of the comnnmity;
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 the
general welfare by reason of excessive production of traffic, noise, smoke, fames, glare or odors;
h. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with n-affic on surrounding public streets; and
i. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
5. Prior to granting a conditional use permit in the h7dustrial District (I-L), a public
hearing shall be conducted with notice to be published and provided to property owners or
purchasers of record within three hundred feet (300') of the external boundaries of the land under
consideration for the conditional use permit all in accordance with the provisions of Meridian
City Code S 1 1-17-5 City of Meridian Zoning and Development Ordinance, which provides as
follows:
"Prior [o approving a Conditional Use Pernrit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearine
which shall be held before the Plamvng and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 9 OF 15
Council without a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
Following Che public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, acid Idaho SCate law. (Meridian City Code S
11-17-6)
7. When the City Cotmcil approves a conditional ttse permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Asstu-e that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the hnpact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
FINDINGS OF FACT ANll CONCLUSIONS OF LAW AND DECISION ANA ORDER
GR.ANTINC CONllITIONAL i;SE PERMIT
PAGE 10 OF l5
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDI'I'[ONS NOW,
THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT
AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
That the above named applicant is granted a conditional use permit for an indoor
soccer center in an I-L zone, located on East Piper Court in the Medimont Business Park
(mar]<eted as Stonebridge Business Park), Meridian, Idaho, subject to the following conditions of
use and development, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC REQUIREMENTS
1. All exterior lighting, whether attached to the building or located within the parking lot, shal t
bedown-shielded or otherwise altered so that the light does not spill over onto adjacent properties or
right-of--way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C.
?. All signage shall be in accordance with the standards set forth in Section 11-14 of the City
Toning and Development Ordinance. All new signage is subject to design review and shall require
separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days
notice to the applicant.
3. All construction and site improvements shall conform to the requirements of the Americans
with Disabilities Act.
4. As part of a conditional use permit, the City of Meridian may impose additional
restrictionsr'conditions.
5. Any conditions added by the Planning & Zoning Commission or City Council pertaining to
the parking lot shall be complied with prior to occupancy.
6. Enter into a sharedparking agreement with neighboring businesses in theMedimont Business
Park to accommodate any potential parking overflows.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 11 OF 15
7. As part of a conditional use pei~nit, the City of Meridian may ,impose additional
restrictions/conditions.
Sanitary sewer and water service shall be from existing service lines on the property.
9. A drainage plan designed by a State of Idaho licensed architect or engineer is required v~d
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 Porldaho Cities and
Counties and City of Meridian standards and policies. Off-site disposal into a 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.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
l: Commercial occupancies will require afire-flow consistent with the Uniform Fire Code to
service the proposed project. Fire hydrants shall be placed an average of 400' apart.
2. Acceptance of the water supply for fire protection will be by the Meridian
Water DepartmenC.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Deparhnent. The
proposed fire hydrant locations will be submitted to the Public Works for plan review.
4. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside.
5. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at all times.
6. All interior revocations shall comply with the 2000 International Fire Code.
C. ACRD recommended that the proposed indoor soccer center comply with the ACRD
recommendations for Medimont Business Park.
D. Adopt the Recommendations of Central District Health Department as follows:
1. Stormwater shall be pretreated through a grassy Swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
2. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design. a
stormwater management system that prevents groundwater and surface water degradation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANll OIZDEIZ
GRANTING CONDITIONAL USE PERMIT
PAGE 12 OF li
E. Adopt the action of the City Council taken at their December 16, 2003 meeting as
follows:
For clarification:
1. The revised Site Plan dated December 1, 2003 appears to meet the landscape
ordinance and parking lot requirements. Upon review and approval of the Planning and
Zoning Department the revised Site Plan dated December 1, 2003 shall be approved.
2. The applicant shall obtain the shared parking agreements with the neighboring
businesses to accommodate any potential overflow parking for the site.
The conditions shall be reviewable by the Council pursuant to Meridian City Code
§ I1-.17-9.
The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use peiYnit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
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.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION
Please take notice that the conditional use permit shall be valid for a maximwl~ period of
eighteen (18) months unless otherwise approved by the council. During this bole, the pe~~nit
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 pennies and
commence construction of permanent footings or structures on or in the ground. hr this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
FL~'DINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
G12ANTING CONDITIONAL USE PERMIT
PAGE 13 OF ] 5
has specified in the application and to the commission and council a constriction 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 (l8)
month period. For•projects with multiple phases, the eighteen (18) month deadline shall apply Co
the fast 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. (_~VICC 11-7 7-
4.B.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS ANALYSIS
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 Fled 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 wi 1.1 toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Cade § 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION Ai\'ll ORllER
GRANTING CONDITIONAL USE PERMIT
PAGE 14 OF 15
conditional use permit approval may within twenty-eight (28) days after the date of this decision
and order seek ajudicia] review as provided by Chapter 52, Title 67, Tdaho Code.
By action of the City Council at its regular meeting held on the ~ ~~ day of
2004.
ROLL CALL:
COUNCILMAN KETTH BIRD VOTED--6~-
COUNCILWOMAN TAMMY de WEERD VOTED~'~
COUNCILWOMAN CHERIE McCANDLESS VOTED~~`"
COUNCILMAN BILL NARY VOTED~~--
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED:=6 -Q l~
MOTION:
APPROVED: - DISAPPROVED:
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`o~~y pF MEI~j~!.,,
.Attest: ;`~~C)' `~pµPORgTF 9y
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~~"~ - BEAL
William G. Berg, Jr., City Clerk % ~.~
x.909 ~T tst ~ P~
Copy served upon Applicant, Planniit~j,~~I:+QO~TiYtgll~
Department and the City Attorney.
By: ~/y/d"'~ ~ Dated: ~
City Clerk
Z'.\Work\M\Meridian\Meridian U360M\Meridian Soccer Cen[er CUP-03-056\FfCIsCUP03-056.dw
Mayor o ert D. Cowie
Public Works 1111uuuull/+/y++
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FINDINGS OF FACT AND CONCLUSIONS OF LA~i' AND DECISION ANll ORDE/TF'~,,;~GaITY ~ `Qc l\`~~
GRANTING CONDITIONAL USE PERMIT
PAGE 15 OF IS
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 12/16/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR AN INDOOR
SOCCER CENTER IN AN I-L
ZONE, LOCATED ON EAST PIPER
COURT IN THE MEDIMONT
BUSINESS PARK (MARKETED AS
STONEBRIDGE BUSINESS PARK),
MERIDIAN, IDAHO
MERIDIAN SOCCER PROPERTY,
APPLICANT
Case No. CUP-03-056
ORDER GRANTING
CONDITIONAL USE PERMIT
This matter coming before the City Council on December 16, 2003, under the
provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application
and the Council having received and approving the Recommendation of the Planning and Zoning
Commission the Council takes the following action:
That the above named applicant is granted a conditional use permit for an indoor
soccer center in an I-L zone, located on East Piper Court in the Medimont Business Park
(marketed as Stonebridge Business Park), Meridian, ldaho, subject to the following conditions of
use and development:
ORDER CONDITIONAL USE PERMIT
(CUP-03-056)
PAGE 1 OF 6
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
SITE SPECIFIC REQUIREMENTS
All exterior lighting, whether attached to the building or located within the parking lot, shal I
be down-shielded or otherwise altered so that the light does not spill over onto adjacent
properties orright-of--way. All parking lot lighting shall be in accordance with Ordinance 11-
13-4C.
2. All signage shall be in accordance with the standards set forth in Section l 1-14 of the City
Zoning and Development Ordinance. All new signage is subject to design review and shall
require separate permits. Temporary or portable signs shall be prohibited, and shall be
removed upon 3 days notice to the applicant.
3. All construction and site improvements shall conform to the requirements of the Americans
with Disabilities Act.
4. As part of a conditional use permit, the City of Meridian may impose additional
restrictions/conditions.
5. Any conditions added by the Planning & Zoning Commission or City Council pertaining to
the parking lot shall be complied with prior to occupancy.
6. Enter into a shared parking agreement with neighboring businesses in the Medimont
Business Park to accommodate any potential parkiug overflows.
As part of a conditional use permit, the City of Meridian may impose additional
resu'ictions/conditions.
8. Sanitary sewer and water service shall be from existing sen~ice lines on the property.
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
Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices
for Idaho Cities and Counties and City ofMeridian standards and policies. Off-site disposal
into a 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.
O12DER CONDITIONAL USE PERMIT
(CUP-03-056)
PAGE 2 OF 6
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Commercial occupancies will require afire-flow consistent with the Uniform Fire Code to
service the proposed project. Fire hydrants shall be placed an average of 400' apart.
2, .Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department The
proposed fire hydrant locations will be submitted to the Public Works for plan review.
4. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside.
5. All access roads within the project shall have a clear driving surface with a minimum
width of 20' available at al] times.
6. All interior revocations shall comply with the 2000 International Fire Code.
C. ACHD recommended that the proposed indoor soccer center comply with the ACRD
recommendations for Medimont Business Park.
D. Adopt the Recommendations ofCentral District Health Department as follows:
1. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
2. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water degradation.
E. Adopt the action of the City Council taken at their December 16, 2003 meeting as
follows:
For clarification:
1. The revised Site Plan dated December 1, 2003 appears to meet the landscape
ordinance and parking lot requirements. Upon review and approval of the Planning
and Zoning Department the revised Site Plan dated December 1, 2003 shall be
approved.
2. The applicant shall obtain the shared parking agreements with the neighboring
businesses to accommodate any potential overflow parking for the site.
ORDER CO~'DITIO\'AL USE PERMIT
(CUP-03-056)
PAGE 3 OF 6
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval o'f the application for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to
this permit.
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 pernuts and
commence construction of permanent footings or structures on or in the ~-ouud. h~ this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. h~ the event that the development is made in successive contiguous segments or
ORDER CONDITIONAL USE PERMIT
(CUP=03-056)
PAGE 4 OF 6
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.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS ANALYSIS
The Applicant is hereby notified that pw'suant to Tdaho 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 .iudicial Review maybe filed.
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 decisio~o.
and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
f~i
By action of the City Council at its regular meeting held on the ~ - day of
~~-~ ~- , 2004.
_ ~, d?~Ge..e
Robert D. Corrie, Mayor City of Meridian
ORDER CONDITIONAL USE PERMIT
(CUP-03-056)
PAGE 5 OF 6
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