HomeMy WebLinkAboutAnytime Fitness CUP 07-015
RECEIVED
AUG 0 3 2007
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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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
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. 967-6503).
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 9
II-SA.
CITY Of MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-0I5
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 9 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.Q7.Q15
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-5B-6.G.l, 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 S 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 Plannp & Zoning Commission at its regnlar meeting held on the (;t~
day of ~ju.;$ , 2007.
COMMISSIONER DAVID MOE
VOTED~~
VOTED ~
COMMISSIONER MICHAEL ROHM
(Chair)
COMMISSIONER TOM O'BRIEN
VOTED Y..f.Jl.-.;
VOTED~
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER STEVE SIDDOW A Y
Tara Green, Deputy City Clerk &:.~;~:},I! _.
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.~ Cb., . (:r I .:;.
'\"'a ::U:Sr 1$\ ."' .p.;/
Copy served upon Applicant, Tfft-~. p~'nt, Public Works Department and City
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Attest:
Attorney.
BydltoCUJLPh~ cLh\~
City Clerk
Dated:
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-015
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2,2007
STAFF REPORT
Hearing Date:
August 2, 2007
TO:
FROM:
Planning & Zoning Commission
Bill Parsons, Associate Planner
208-884-5533
SUBJECT:
Anytime Fitness
· CUP-07-015
Conditional Use Permit to allow a fitness center within an L.O district, in
Sundance Subdivision No.5, by Dave Evans Construction
1. 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 comer 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
Plannin2 and Zonin2 Commission heard this item on AUl!ust 2.2007. At the public hearinl!.
the Commission approved the proiect and added condition of approval 1.9. limitinl! the
hours of operation from 5 a.m. 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 fmdings
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 fmdings document to be considered at the next
Planning and Zoning Commission hearing on August 16,2007.
Anytime Fitness - CUP-07-015
PAGE I
CITY OF MERIDIAN PLANNING 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, RlE
b. Owner:
Settlers Crossing
7761 West Riverside Dr. Suite 100
Boise, ill 83714
c. Applicant / Contact:
Travis Burrows, Dave Evans Construction
7761 West Riverside Dr. Suite 100
Boise, ill 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
1. North: Residential, zoned R-8
2. East: Residential, zoned R-8
Anytime Fitness - CUP-07-015
PAGE 2
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING 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-06-0l4) of 12 office
building lots; and Conditional Use Pennit (CUP-06-011) to modify CUP-Ol-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-06-00l) 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. CanalslDitches 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:
1. 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 PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING 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 [mal approval and development is contiguous to the City." (Chapter N, Goal I,
Objective A, Action item 6)
The subject site can be senliced 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 11-2B-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 PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2,2007
c. 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 comer of UsticklMeridian, 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 900
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 I-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 I, 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)
pennit 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 PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2,2007
the use is established (UDC 11-5B-IA). 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 ofthis 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 Planning: and Zoning: Commission heard this item on Aug:ust 2. 2007. At the
public bearing:. the Commission approved the proiect with added condition of approval 1.9
limiting: the hours of operation from 5 a.m. to 11 p.m.
11. EXHffiITS
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 PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2,2007
A. Drawings
1. Vicinity Map
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Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2,2007
2. CUP Site Plan (Dated May 11, 2007)
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Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2,2007
3. CUP Landscape Plan (Dated May 11, 2007)
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Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2,2007
Exhibit A
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING 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 11-
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 11-3B-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 I-park bicycle rack on this site.
1.9 Hours of oDeration 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 PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING 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 IDWR
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 ll-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 PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING 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 I-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 Y2" 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 comers 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 of28' 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 Ibs. 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 PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING 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
7.1.1
7.1.2
7.2
7.2.1
7.2.2
7.2.3
7.2.4
7.2.5
7.2.6
7.2.7
7.2.8
7.2.9
7.2.10
Exhibit B
SITE SPECIFIC COMMENTS
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.
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.
STANDARD CONDITIONS OF APPROVAL
Any existing irrigation facilities shall be relocated outside of the right-of-way.
Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
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.
Comply with the District's Tree Planter Width Interim Policy.
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.
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 ofIdaho shall prepare and certify all improvement plans.
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.
Construction, use, and property development shall be in conformance with all applicable
requirements ofthe Ada County Highway District prior to District approval for occupancy.
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.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING 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 subj ect 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.
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING 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 fmds 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 fmds 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
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING 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 fmds 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 fmds that there should not be any health, safety or environmental problems
associated with this subdivision that should be brought to the Commission's attention. Stafffmds
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
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