HomeMy WebLinkAboutTone Fitness H-2024-0050 CITY OF MERIDIAN V IDIAN;---
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND ! DAHO
DECISION& ORDER
In the Matter of the Request for a Conditional Use Permit for Tone Fitness Studio,Located at 3064
W. Milano Drive in the L-O Zoning District,by Taylor Clausen.
Case No(s).H-2024-0050
For the Planning& Zoning Commission Hearing Date of: November 7t",2024(Findings on
November 21st,2024)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of November 7"',2024, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of November 7',2024, incorporated
by reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of November 7',
2024, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of November 2151, 2024, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code(I.C. §67-6503).
2. The Meridian Planning&Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 1 I 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 April 19,2011,Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I I-5A.
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 Chairman of the Commission 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.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-2024-00501
Page 1 F60
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of November 7t",2024, 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 § 1I-
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 for a Conditional Use Permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of November 7',2024, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two(2)Year Conditional Use Permit Duration
Please take notice that the conditional use permit,when granted, shall be valid for a maximum
period of two(2)years unless otherwise approved by the City in accord with UDC 11-513-617.1.
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
signed by the City Engineer within this two(2)year period in accord with UDC 11-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.F.1,the Director may authorize a single extension of the time to commence the
use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years 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. Judicial Review
Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of November 7', 2024.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-2024-00501
Page 2 F61
By action of the Planning&Zoning Commission at its regular meeting held on the day of
92024.
COMMISSIONER MARIA LORCHER, CHAIRMAN VOTED
COMMISSIONER JARED SMITH,VICE CHAIRMAN VOTED
COMMISSIONER BRIAN GARRETT VOTED
COMMISSIONER ANDREW SEAL VOTED
COMMISSIONER PATRICK GRACE VOTED
COMMISSIONER MATTHEW SANDOVAL VOTED
COMMISSIONER SAM RUST VOTED
Maria Lorcher, Chairman
Attest:
Chris Johnson, City Clerk
Copy served upon the Applicant, the Planning and Development Services divisions of the Community
Development Department,the Public Works Department and the City Attorney.
By: Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-2024-00501
Page 3 F62
Exhibit A
COMMUNITY DEVELOPMENT C��fEPIDIAN;,�-,-`
DEPARTMENT REPORT I D A H O
HEARING 11/7/2024
Legend -
w:
DATE: Project Location e
TO: Planning&Zoning Commission Area of Impact
i= City Limits ti
FROM: Nick Napoli,Associate Planner O Analysis _E Y
208-884-5533
nnapoli@meridiancity.org ILL
APPLICANT: Taylor Clausen --
SUBJECT: H-2024-0050
Tone Fitness Studio
LOCATION: Located at 3064 W. Milano Drive in the a T^
SW 1/4 of Section 26, TAN.,R.IW. � r-���►` -
PROJECT OVERVIEW
Summary
Conditional Use Permit request to operate an indoor recreation facility(Indoor Gym)in a suite
from an existing 3,887 square foot multi-tenant building on 0.648 acre of land in the L-O zoning
district.
Recommendation
Staff. Approval with conditions.
Decision
Commission: Approved
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-2024-0050]
Page 4 F63
COMMUNITY METRICS
Table 1: Land Use
Description Details Map Ref.
Existing Land Use(s) Vacant -
Proposed Land Use(s) Arts,Entertainment or Recreation Facility,Indoors. -
Existing Zoning L-O(Limited Office)
Proposed Zoning L-O(Limited Office)
Adopted FLUM Designation Office
Proposed FLUM Designation Office
Table 2: Process Facts
Description Details
Preapplication Meeting date 7/30/2024
Neighborhood Meeting 8/28/2024
Site posting date 10/28/2024
Table 3: Community Metrics
Agency/Element Description/Issue Reference
Ada County Highway District
Comments Received Yes
Commission Action Required No
Access W.Milano Drive
ITD Comments Received No
Meridian Public Works Wastewater
Distance to Mainline Available at site
Impacts or Concerns No
Meridian Public Works Water
Distance to Mainline Available at site
Impacts or Concerns No _
Note: See section 0. CITY/AGENCY COMMENTS& CONDITIONS for comments received or see
public record:
(httgs://weblink.meridiancity.org/WebLink/Browse.aspx?id=365722&dbid=0&Mpo=Meridian City)
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-2024-0050]
Page 5 F64
STAFF ANALYSIS
Comprehensive Plan and Unified Development Code(UDC)
General Overview
This property is designated Office on the Future Land Use Map(FLUM).
The subject site is among several office-zoned properties in the immediate area. The proposed use
of an indoor recreation facility does not directly align with the desired uses within the Office
designation but can be allowed through a conditional use permit. In conjunction with the
surrounding offices,this use can provide additional neighborhood services.
An indoor recreation facility is a conditional use in the L-O zoning. The proposed indoor
recreation facility is required to comply with UDC 11-4-3-2.
Table 4: Pro*ect Overview
Description Details
History AZ-03-005 (Annexation), RZ-05-006(Rezone), DA Inst#103097612, FP-05-
046, MI-08-006 (DA Mod#109061606)and A-2023-0165 (CZC and DES)
Acreage 0.648
History
The property was annexed and zoned in 2003 to the R-8 zoning district. In 2005, a rezone
application was approved to change the zoning to the current L-O zoning district. Consistent with
this rezone, a final plat was approved for six(6)office lots as part of Verona Subdivision No. 3.
The DA from 2008 is the relevant agreement for this site but did not have a concept plan for these
lots. In lieu of a concept plan,the DA references specific limitations to the allowed commercial
area and included a provision that a minimum of three(3) office buildings in this office
development. This provision has been satisfied with the existing development of three(3)office
buildings. In addition, specific elevations were included as part of the DA that the current
proposal generally complies with. Staff notes, despite no Development Agreement Modification
being required,the DA allows the subject property to develop with all permitted and conditional
uses in the L-O district.
Site Development and Use Analysis
Proposed Use Analysis (UDC 11-2):
The proposed use of an indoor recreation facility(indoor gym)is a conditional use in the L-O
zoning. The L-O zoning and FLUM designation is meant to provide opportunities for low-
impact business areas which typically includes professional offices,research and
development, etc. This use adheres to Policy 3.07.02B,which promotes locating smaller
scale,neighborhood serving commercial and offices in close proximity to residential for
convenient access. While an indoor recreation facility can create a large impact on the area,
this indoor recreation facility is more specialized allowing for only 12 clients at any one time.
Additionally,there will be no outside activity. The proposed indoor recreation facility
provides a unique neighbor serving use that can be an essential use for residents in the area.
Dimensional Standards (UDC 11-2):
The proposal meets the dimensional standards for setbacks, landscape buffers,parking
requirements, landscape requirements and maximum building height.
Business hours of operation within the L-O District shall be limited from 6:00 a.m. to 10:00
p.m. The applicant is proposing to operate the business within the following hours: 6:30 am
— 7:30 pm.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-2024-0050]
Page 6 F65
Specific Use Standards (UDC 11-4-3):
A.General standards.
LAll outdoor recreation areas and structures that are not fully enclosed shall maintain a
minimum setback of one hundred(100)feet from any abutting residential districts. The
playing areas of golf courses, including golf tees,fairways, and greens, are an exception to
this standard. No outdoor recreation areas are proposed; all activities will take place within
the building.
2.No outdoor event or activity center shall be located within fifty(50)feet of any property
line and shall operate only between the hours of 6:00 a.m. and 11:00 p.m. No outdoor events
or activities are proposed.
3.Accessory uses including, but not limited to, retail, equipment rental, restaurant and
drinking establishments, may be allowed if designed to serve patrons of the use only. Noted.
4.Outdoor speaker systems shall comply with section 11-3A-13, "outdoor speaker systems",
of this title. No outdoor speakers are proposed.
B.Additional standards for swimming pools. Any outdoor swimming pool shall be completely
enclosed within a six-foot nonscalable fence that meets the requirements of the building code
in accord with title 10, chapter 1, of this Code. Not applicable.
C.Additional standards for outdoor stage or musical venue. Any use with a capacity of one
hundred(100)seats or more or within one thousand(1,000)feet of a residence or a
residential district shall be subject to approval of a conditional use permit. No outdoor stage
or musical venue is proposed.
DJOutdoor lighting.] Outdoor lighting, including lighted fields, designed for the site shall
comply with Section 11-3A-11, "outdoor lighting,"of this title. These standards may be
modified through the approval of a conditional use permit. Noted.
Design Standards Analysis
Landscaping (UDC 11-3B):
Landscape buffers along streets
This property does not have street frontage that would require a landscape buffer. The
site has already been approved under permit A-2023-0165 and no additional
improvements will be required.
Parking lot landscaping
The site has already been approved under permit A-2023-0165 and no additional
improvements will be required.
Landscape buffers to adjoining uses
The site has already been approved under permit A-2023-0165 and no additional
improvements will be required.
Tree preservation
The site has already been approved under permit A-2023-0165 and no additional
improvements will be required.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-2024-0050]
Page 7 F66
Storm integration
The site has already been approved under permit A-2023-0165 and no additional
improvements will be required.
Parking (UDC 11-3C):
Nonresidential parking analysis
A minimum of one(1) off-street parking space is required per 500 square feet(s.f.)of
gross floor area. Based on the 3,887-square-foot multi-tenant buildings,a minimum of 8
parking spaces are required.A total of 31 parking spaces are proposed, exceeding UDC
standards.
Bicycle parking analysis
A minimum of one(1)bicycle parking space must be provided for every 25 vehicle
spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to
comply with the location and design standards listed in UDC 11-3C-5C. Bicycle parking
is depicted on the plans submitted with this application that meet the requirements.
Building Elevations (Comp Plan,Architectural Standards Manual):
The subject building has already been approved under permit A-2023-0165 meeting the
standards of the architectural standards manual.
Fencing (UDC 11-3A-6, 11-3A-7):
No fencing is proposed with this application. However,there is a 6-foot closed vision fence
on the north boundary separating the commercial from the neighboring residential.
Transportation Analysis
Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4):
Access to the site was approved off of W. Milano Dr, a Collector Street via a private drive
aisle shared by the commercial pad sites in Verona Subdivision No. 3. Cross access
agreements are in place with the building to the west, south, and east.
Sidewalks (UDC 11-3A-17):
Due to previous development providing a lack of connection points to this site(internal),no
pedestrian access is provided off of Milano. However,with the approval of this site,the
applicant provided a stub to the property to the east which may grant the pedestrian
connection required.
Services Analysis
Pressurized Irrigation(UDC 11-3A-I S):
Underground pressurized irrigation water is required to be provided as set forth in UDC 11-
3A-15.
Storm Drainage (UDC 11-3A-18):
Storm drainage is required to comply with the standards listed in UDC 11-3A-18.
Utilities (Comp Plan, UDC 11-3A-21):
Both the Plan and the UDC establish policy and regulations for extending and connecting to
City utilities. Goal 3.03.03G of the Plan mandates urban infrastructure be provided for all
new developments,including curb and gutter, sidewalks,water and sewer utilities. All
utilities for the proposed development are required to be installed in accord with the standards
listed in UDC 11-3A-21.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-2024-00501
Page 8 F67
CITY/AGENCY COMMENTS & CONDITIONS
Meridian Planning Division
1. Future development of this site shall comply with the previous conditions of approval and
terms of the existing Development Agreement and the conditions contained herein[AZ-03-
005,DA#103097612;RZ-05-006; FP-05-046;MI-08-006, DA Inst. # 109061606; H-2021-
00801;A-2023-0165.
2. The proposed project shall comply with the standards listed in UDC 11-4-3-2 for Art,
Entertainment, or Indoor Recreation Facility.
3. The hours of operations shall be limited to 6:00 a.m.to 10:00 p.m.per UDC 11-213-313.
4. Protect the existing landscaping on the site during construction,per UDC 11-3B-10.
5. The conditional use permit is valid for a maximum period of two (2) years 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 as set forth in UDC 11-513-6 A time extension may be requested
as set forth in UDC 11-513-6F.
6. The applicant shall not be required to submit a Certificate of Zoning Compliance application
to commence the proposed use on this site. Planning staff will review and approve the
commencement of the use through the Tenant Improvement and/or Certificate of Occupancy
submitted to the Community Development Department. All interior modifications(tenant
improvements)associated with the use must receive all required permits and inspections from
the Building Division of the Community Development Department prior to operation of the
indoor recreation facility.
FINDINGS
Conditional Use(UDC 11-513-6E)
The commission shall base its determination on the conditional use permit request upon the
following:
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 site meets all the dimensional and development regulations of the L-O zoning district for
the proposed use. Therefore, the commission finds the site is large enough to accommodate
the proposed use.
That the proposed use will be harmonious with the Meridian comprehensive plan and in accord
with the requirements of this title.
The commission finds the proposed use will be harmonious with the Comprehensive Plan in
that it will provide an indoor recreation use which is not the direct vision for the L-O zoning
but is allowed through a CUP.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-2024-0050] ■
Page 9
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 the design, construction, operation and maintenance of the proposed
use with the conditions imposed, should be compatible with other uses in the general vicinity
but may moderately change the character of the area due to the limited L-O zoning within the
City.
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 use will not adversely affect other property in the area.
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 the proposed use will be served by essential public facilities and
services as required.
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.
The commission finds the proposed use will not create additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
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 finds the proposed use will not be detrimental to any persons,property or
the general welfare by the reasons noted above.
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 the proposed use will not result in the destruction, loss or damage of
any such features.
Additional findings for the alteration or extension of a nonconforming use:
Not applicable.
That the proposed nonconforming use does not encourage or set a precedent for additional
nonconforming uses within the area; and,
Not applicable.
That the proposed nonconforming use is developed to a similar or greater level of conformity
with the development standards as set forth in this title as compared to the level of
development of the surrounding properties.
Not applicable.
ACTION
A. Staff:
Staff recommends approval of the proposed Conditional Use Permit per the provisions included
in Section IV in accord with the Findings in Section V.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-2024-00501
Page10 F69
Commission:
B. The Meridian Planning&Zoning Commission heard this item on November 7',,2024.At the
public hearing.the Commission moved to approve the subject conditional use permit request.
1. Summary of the Commission public hearing:
a. In favor: Taylor Clausen and Greg Holtz
b. In oposition:None p
c. Commenting:None
d. Written testimony:None
e. Staff presenting application:Nick Napoli
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by Commission:
a. None
4. Commission change(s)to Staff recommendation:
a. None
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-2024-00501
Page I I F70
EXHIBITS
Project Area Maps
(link to Project Overview)
Aerial
Legend
Project Location
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,..Area of Impact
OAnalysis °SA
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CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-2024-0050]
Page 12 F71
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CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-2024-0050]
Page 14 F73
Service Accessibility Report
Overall Scare; 31 39th Percentile
Description
Location In City Limits GREEN
Extension Sewer Trunkshed mains < 500 ft.from parcel GREEN
Floodplain Either not within the 100 yrfloodplain or > 2 acres GREEN
Emergency Services Fire Response time 5-9 min. YELLOW
Emergency Services Police Meets response time goals most of the time GREEN
Pathways Within 1/4 mile of current pathways GREEN
Transit Not within 1/4 of current or future transit route RED
Arterial Road Buildout Status Ultimate configuration (#of lanes in master streets GREEN
plan) matches existing (# of lanes)
School Walking Proximity From 1/2 to 1 mile walking YELLOW
Either a High School or College within 2 miles OR a
School Drivability Middle or Elementary School within 1 mile driving GREEN
(existing ar future)
Either a Regional Park within 1 mile OR a Community
ParkWalkability Parkwithin 1/2 mile OR Neighborhood Parkwithin GREEN
1/4 mile walking
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-2024-0050]
Page 15 74
Site Plan (date: 12/20/2023)
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CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-2024-0050]
Page 16 F75
Landscape Plan(date: 12/20/2023)
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CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-2024-0050]
Page 17 F76
Building Elevations(date: 10/26/2023)
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CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [H-2024-0050]
Page 18 F77