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HomeMy WebLinkAboutAugust 2, 2007 P&Z MinutesMeridian Planning & Zoning August 2, 2007 Page 7 of 21 Wafters: No. I think that's covered. Newton-Huckabay: We are good? Okay. Mr. Chair, one moment and I will make a motion. Rohm: Well, first of all, we need to close the Public Hearing. Newton-Huckabay: Oh, yeah. Mr. Chair, I recommend we close the Public Hearing on PP 07-013. O'Brien: Second. Rohm: It's been moved to close the Public Hearing on PP 07-013. All those in favor say aye. Opposed same sign? Okay. Thank you. Newton-Huckabay: After considering all staff, applicant, and public testimony, I move to recommend approval to the City Council of file number PP 07-013 as presented in the staff report for the hearing date of August 2nd, 2007, with the following modification: Under Section B, conditions of approval, Item 1.1.5, the first sentence reads: The proposed extension of South Tech Lane shall be limited to 450 feet as allowed by the UDC, measured from the center line of Overland to the center of the cul-de-sac, shall be changed to read: From the center line of Overland to the northern property -- northern boundary of the common lot. End of motion. O'Brien: Second. Rohm: It's been moved and seconded to forward onto City Council recommending approval of file number PP 07-013, to include the staff report with the aforementioned modifications. All those in favor say aye. Opposed same sign? Motion carried.. Thanks for coming in, gentlemen. MOTION CARRIED: THREE AYES. TWO ABSENT. Item 8: Public Hearing CUP 07-015: Request for Conditional Use Permit for a fitness center within the Sundance Subdivision No. 5 for Anytime Fitness by Dave Evans Construction - 3220 North Meridian Road: Rohm: At this time I'd like to open the Public Hearing of CUP 07-015 and CUP -- oh, no. Excuse me. Just CUP 07-015 and begin with the staff report. Parsons: Mr. Chair and Members of the Commission, the application before you is a request for a Conditional Use Permit for an indoor recreational facility in an L-O zone by Dave Evans Construction. One thing to mention is staff has approved a CZC for an office shell on the subject site and the proposed recreational use requires approval of a CUP. The property is located at 3220 North Meridian Road on the northeast corner of Meridian Planning & Zoning August 2, 2007 Page 8 of 21 North. Meridian Road. and East Ustick Road. The zoning for the properties adjacent to the site include R-8 -- R-8 to the north and to the east and R-6 Ada County to the south and., then, Settler's Park to the west, which is also zoned L-O. The site is consistent with the Comprehensive Plan, which is designated limited office as well. Here is the subject site here and an aerial photo. The actual lot is right here in the corner, which you can see is quite a distance away from the residential properties. The Unified Development Code requires Conditional Use approval for indoor recreational facilities in the L-O zone. The applicant is seeking approval of this Conditional Use Permit to operate a 4,750 square foot single story, 24-hour fitness center. As mentioned earlier, there are residential uses nearby the subject property. Due to this site being located on the corner of Meridian and Ustick Road, staff believes this would not have an adverse impact on the surrounding residential neighborhoods, therefore, all of the conditions regarding the site are standard UDC requirements and no site specific conditions were proposed. Also located on the site are two existing office buildings, one to the east -- and this is where they are proposing Anytime Fitness. There is a constructed building to the east here and also one to the north. This is a dental office and this is a real estate office and also insurance firm. The access to the site will be off of Meridian Road to the north, Ustick to the east of the site, and also from the adjacent residential property to the east. If you look at the site plan here you also see 15 parking stalls that's already been constructed. All of these and the landscape buffer were all approved under the final plat for Sundance Subdivision No. 5. The applicant did submit a landscaping plan and are proposing an additional 15.8 percent of landscaping on the interior of the site around the building. So, here is where the existing landscaping is now and this is the future landscaping, which is an additional 15.8 percent. The applicant also submitted elevations. This is the east side of the .building, which is towards the Ustick entrance -- access points. You have the north elevations, the west elevations, and the south elevations. And here is the color rendering of the east elevation. It's also important to note that these elevations -- these same elevations were pre-approved with the CZC application for the office shell. So, as I mentioned earlier, if this CUP application isn't approved for an indoor fitness center, then, the building will be billed as -- for office use. And it's already been approved under -- as far as on a staff level. I'd also like to make the Commission aware that a letter of testimony has been submitted for this application in denial of the project and that should be included in your packet as well before you this evening. Staff is recommending approval of the project or the Conditional Use Permit as stated in the staff report, subject to conditions listed in Exhibit B of the staff report. This concludes my presentation and I would be happy to answer any questions the Commission may have regarding the project. Rohm: Thank you very much. Any questions of staff? O'Brien: Yes, Mr. Chairman. Are there any existing trees of any caliper on the site currently? Parsons: Yeah. The buffer -- this buffer -- the two 25 foot buffers or -- I think it's 25 foot buffers along here and in the existing planters here have all the required trees and they Meridian Planning & Zoning August 2, 2007 Page 9 of 21 are -- they meet code requirement of two in caliper or larger. So, all this landscaping installed. This -- what they are planning on doing is adding this landscaping around the building and, then, integrating it with the buffer landscaping. O'Brien: So, there is no existing trees that have been there for awhile that's been affected by this? Parsons: No. None are going to be removed and none -- just what they have put in the landscape buffers during the final plat requirements. O'Brien: Is there going to be any cross-over traffic between the other sites and that particular one? Parsons: Yeah.. They do have an access agreement to go across all the sites there and there is also shared parking as well. So, even though they are proposing 15 -- go back here. Even though they show 15 parking stalls on site, they have a shared parking agreement throughout the whole subdivision. O'Brien: Thank you. That's all I have. Rohm: Commissioner Newton-Huckabay, do you have any questions of staff? Newton-Huckabay: No. Thank you. Rohm: Okay. Would the applicant like to come forward., please. Brose: My name is Travis Brose with Dave Evans Construction, at 7761 West Riverside Drive in Boise, and, essentially, staff did cover it. The reason we have moved forward with the CZC application is an attempt to fast track this to the construction point due to the client's timeline. They also understand that if it is denied here, that, basically, it's only built as an office and they, unfortunately, need to find another location. But we feel that this will be a nice facility in this area with the surrounding residential and park nearby, there would be a lot of -- hopefully there would be a lot of pedestrian traffic from the neighborhoods to the facility or bike traffic, rather than a lot of cars, vehicle traffic going through there, as well as being within an office park. The hope would be that the other facility employees would also use this and with that I would stand for any questions. Rohm: Do you know if there are other facilities of similar nature in operation currently? Brose: The other facilities that I am aware of -- I believe there is one on Cherry Lane. I'm not sure the cross -- the crossroad, whether it's Meridian or Linder. I believe it's closer to Linder. But it is in, (guess, sort of a strip mall type setup and it's just kind of a really small facility. Rohm: It's small, but it's operated with extended hours? Meridian Planning 8 Zoning August 2, 2007 Page 10 of 21 Brose: I don't believe it is extended hours, actually. Rohm: That was the reason for the question related to -- Brose: The only other facilities I'm aware of like the 24-hour type -- I guess Anytime Fitness specifically, they have one in Kuna, as well as one in Caldwell and, unfortunately, I can't think of any -- Rohm: Can you speak to how well they have been accepted in those -- like the one in Kuna, are you familiar with that? Brose: I have seen the location. Didn't really take time to notice the area. I have driven by it several times. It is kind of a similar situation in a larger facility with shared uses in there and speaking with the client earlier today, they said they get an average of a hundred people per day at -- throughout the day and it's a pretty small occurrence that they are -- that anybody is there past 10:00 o'clock. You know, it's the occasional person that may work at HP or, you know, Micron with kind of the odd shifts that would show up after midnight or something to that effect, so -- Rohm: Uh-huh. Okay. Thank You. Any additional questions of the applicant? O'Brien: I just have a question, Mr. Chair, on any -- any kind of police reports or any issues or concerns that the police department might have with that -- with the hours after midnight or even after dark for that length of time. Is there -- Grose: I'm not personally aware of any. The client did not bring that to my attention. They do have avery -- I guess high tech facility, a lot of cameras. They have the card readers that would unlock the facility for them to enter. They don't allow minors, anyone under 18, there past 6:00 o'clock in the evening, due to staff members are there I believe from 8:00 or 9:00 until 6:00 in the evening and they have had couple of occurrences of teens trying to use a parent's pass after that point of the evening with the cameras and being able to read the computer systems, they shut down -- basically locked out the key and they weren't able to use it at that point, so -- O'Brien: My concern was the safety -- Grose: Right. I understand. O'Brien: -- from anybody lurking street, these kind of things -- well, think at, what, 10:00 o'clock I think, around., the outside area. With the park across the I think the park's closed. I think they patrol them I something like that at night. I'm not sure, but I -- Baird: Sundown. Meridian Planning & Zoning August 2, 2007 Page 11 of 21 O'Brien: Sundown? Okay. So, those ,are my concerns and about, you know, if anything, if the police had -- and maybe staff could add to that, if they were contacted to -- with any concerns about this establishment after hours. Parsons: Chairman Rohm, Commissioner O'Brien, the police department did not comment on the staff report, but we can definitely check into that for you if you'd like. O'Brien: I think it would be a good idea. That's my only question or concern. Newton-Huckabay: Mr. Chair? Rohm: Commissioner Newton-Huckabay. Newton-Huckabay: Did they have an opportunity to comment and chose not to? Parsons: I believe so. Hood: Mr. Chair, Commissioners, I'm going to look for our agency comments meeting notes and I'm sure they were invited. I don't recall offhand if they were at that meeting or weren't at that meeting. I know they got the transmittal anyway and, generally, if they get the transmittal and have concerns, they either show up to that meeting and provide comments in person or will a-mail the planner their comments or concerns with the site layout, but let me just check and see if I can find the notes and I don't know if you remember, Bill -- there is nothing here under -- on our sheet for the police representative, so it doesn't look like we received any comments from them. O'Brien: Okay. So that -- go ahead. Newton-Huckabay: Mr. Brose, I just want to make sure I understand how this works. So, fhe facility has operating hours of 24, they have staffed hours approximately eight hours per day, from 9:00 to 6:00? Brose: Correct. Newton-Huckabay: And you are -- you access the building through a key card? Brose: That's correct. Newton-Huckabay: Okay. All 24 Hour Fitness locations are not 24 hours, though. Is that correct? They all operate 24 hours? Brose: The specific -- Newton-Huckabay: Was it 24 Hour Fitness? Brose: It's Anytime Fitness. Meridian Planning & Zoning August 2, 2007 Page 12 of 21 Newton-Huckabay: Anytime Fitness. I'm sorry. Brose: Similar franchise. They do operate 24 hours. Newton-Huckabay: Okay. The only other question I had is what kind of signs do you put on the building? Brose: Signs would be fairly minimal. It would be in compliance with code. I believe there is a percentage of that. Having the corner location would be ideal on the elevation -- the entrance of the building you can see there is -- it's -- I guess it would be tough to -- Rohm: There is a pointer right at your podium there.. Brose: The areas here, as well as, you know, here, would be -- could you go back one, please? This location, here we go, is the one I was looking for, is on Ustick Road. That is -- would be conducive for any signage there. It's not going to be huge, obviously, the space isn't going to allow it. It's going to be within code. It would be non-illuminated. It would be their -- their logo, which says Anytime Fitness and has kind of a runner in motion. It's -- Newton-Huckabay: I was actually more concerned about whether or not it's illuminated -- Brose: Sure. Newton-Huckabay: -- because that would -- the south -- the south location is the closest to any residents -- Grose: Right. Newton-Huckabay: And right in their -- would be right in their back window. Brose: Yeah. I definitely understand that. As I said, it would be non-illuminated and the soffits here., we do a recessed can lighting, which is similar to what you have above you and it's a two foot soffit, so it's directed down along the walls and that would be kind of an indirect lighting and that's how it would be lit, so -- Newton-Huckabay: Great. I have no more questions for the applicant. Rohm: Thank you. Okay. We have Resa Brown. Would you like to come forward, please? Meridian Planning & Zoning August 2, 2007 Page 13 of 21 Brown: I'm Resa Brown and I represent the Homeowners Association for Cedar Springs, which is actually -- the homeowners -- actually, the subdivision that is next to Settler's Park. So, it's actually across the street. Rohm:: Okay. Could you give your address for the record. Brown; Uh? Rohm: Your address. Brown: My address? Rohm: Yes. Brown: 3854 North Price Way, Meridian. Rohm: Thank you. Brown: We only have two concerns, the homeowners. One, we are concerned about the traffic that this is bringing in. We are used to seeing commercial buildings of this type in the corner and, like he said, we have real estate, and there is insurance, but I don't know of any other subdivision with this commercial nature that has put in a Fitness Center. The one he is describing on Chinden and Cherry both are on very major thoroughfares. Meridian and Ustick just finally got -- as you're probably aware, we finally got a traffic signal not too long ago and we are still just one lane in all directions. So, we don't have two -- you know, four lanes going anywhere and additional traffic would probably be a problem. He said 15 parking spaces for all of the buildings. That's not very much for a fitness center. I don't know, even a small gym 15 spaces, if you add staff and the other buildings, where are these people going to park? There is no parking on Meridian and Ustick. You have got Settler's Park right across the street and -- but our other main concern would be the 24 hour feature. We fought hard in our subdivision against vandalism and., of course, we have some, as all of them do. As you know, Settler's Park had some as soon as the new playground equipment went in, they had that major damage. And I'm just wondering if you have 24 hour facility open -- they are saying by key card and no staff -- anyone can get in. I mean that doesn't take much. One person is a member, 15 people can follow. I just think that's really opening the subdivisions up to some real problems there. Thank you. Newton-Huckabay: Thank you. Rohm: That is all that is signed up to testify, but if there is anyone else that would like to come forward., now is that time. Okay. Would you like to respond to the testimony or -- it's not required, but you're certainly welcome to. Brose: With the structure itself being designed similar to the rest of the office buildings within the facility, I don't feel that it would create any obtrusiveness of, you know, the Meridian Planning & Zoning August 2, 2007 Page 19 of 21 normal large looming fitness centers, Gold's Gym or any of the other extra large ones that have the capacity for those, as well as a huge expanse of parking lot in there, which sometimes can, you know, not be the best visually. We feel like the entire subdivision as a whole really works together. All of the parking is directly adjacent to the buildings and so it's really well lit by the building itself with the soffit lighting and this facility being 24 hour, all of the interior lights will be on shinning, you know, through -- not through the windows to -- to be offensive to the neighbors., but would help to il{uminate the parking and provide a little more safety in the evening time, as well as the rest of the buildings in there will have all of the soffit lights on and others maybe having a car or two parked out there, it will just be a locked up office building during the time. Rohm: A question I have, then, and I think that it's been answered in the staff report, but just for the public, there is 15 on-site parking spaces, but, as I understand it, the subdivision parking spaces are also available for use if need be for this facility as well, not just the 15 that are adjacent to the building itself; is that correct? Brose: That is correct. Rohm: Okay. Brose: With the rest of the office buildings in there work under I guess the normal business hours of up until 5:00 or 6:00 o'clock in the evening. Most of the folks attending would be going there after the office hours and would alleviate any parking issues because no one else -- no other employees are in there, so there are plenty of parking spaces available in the rest of the subdivision. Rohm: Are you aware of any issues with the other facilities that the -- these developers have, the Kuna property? Are you familiar with any issues that have arisen in those communities? Brose: I am not aware of any. I do believe the one in Kuna is -- it's similar, it's on a corner, but, again, is in a larger facility and I believe it's near a gas station, which does operate, you know, longer hours than another -- than just an office park as well. Rohm: All right. Thank you. Any other questions of the applicant? O'Brien: I have none. Rohm: Thank you. Could Iget -- any discussion before we close the Public Hearing? O'Brien: Yeah. I -- Mr. Chairman, I still have that concern about safety and security in the off hours. By off hours I mean when there is not a person on the premises. I just have a bad feeling about that, based on past history. Newton-Huckabay: Mr. Chair, if I can make a comment. This type of business model is not new. I've had opportunities in the past to use facilities like this in other cities and Meridian Planning & Zoning August 2, 2007 Page 15 of 21 without any incident and some of them in the even less amenable parts of town, if you will. They are -- their security system is -- in my experience is -- are much more designed -- you know, designed to protect their facilities. I have never -- now, again, I don't have a world of experience with them, but I have been to several -- not Anytime Fitnesses per se, but this particular business model and they have been quite successful and you have -- you have a membership base who it's in their best interest to -- you know, to treat the facility appropriately and I don't know where your liabilities lie as a member, but Iwould -- I am certain that there is a -- one, you have a key card, so you open yourself up to any kind of negligence -- and I'm not trying to get into legal matters or hedge on some -- but I think the business model is not new and they have been around, so I'm fairly comfortable with that myself. The one thing I am not totally comfortable with, the 24 hour concept in the fact that we have actually limited hours of operation in that very vicinity for other facilities and so I'm having a hard time reconciling that. Caleb, could you -- how would you say this facility is different than say some of the offices that we have limited around there? Hood: Mr. Chair, Commissioner Newton-Huckabay, when we looked at this application, the main difference that I see in it -- and Bill pointed out this is directly on the corner of Meridian and Ustick, so it's on an arterial -- basically, it backs up to the arterial, rather than backing up to residents. So, we didn't see the use of this being as intrusive as it may be if it were another office base. Mentioned dentists that may stay later and as our society becomes not an 8:00 to 5:00 society, staying open until 10:00 or 11:00 o'clock at night, generally those L-O or office uses, those are restricted, because they do directly back up. Now, it is true there are access points here, vehicles will be driving pretty close to those residents and there may be some disturbance to those folks late at night. You know, Bill and talked about it briefly about how many cars -- I mean it only takes one person bumping their sound system at midnight or 1:00 o'clock to wake up the neighbors, but we just didn't think that it was -- it warranted limiting the hours. Now, if that's a concern, you sure can limit the hours, but that's just kind of where staff was coming from in our recommendation that the scope of this building, the size of it, I hope the business does well, but we just don't see it being a lot of people there in the middle of the night using the facility. So, that's kind of staffs recommendation anyways. And the difference between other L-O zoned businesses and those hours of restriction and this one. Newton-Huckabay: Well, my guess would be there is approximately three peak hours a day for a fitness facility. Probably 6:00 to 8:00 -- or maybe 4:00. So, your average amount of people there at any given time, if they expect a hundred people a day, you're going to be lucky if you have five people at a time there at any given time, with the exception of 6:00 to 8:00 and probably 4:00 to 7:00. The only other comment Ihave -- this is the type of thing that I envision when we look at these mixed use centers in Meridian actually having is -- is places where people who live in that area, such as myself, can go and so I don't have to drive across town or I don't have to drive out to the west Y or that type of thing or can walk or ride my bike and so I'm generally in favor this type of thing, because (believe -- I'm just so excited to have a gas station in north Meridian now, so I'm in favor of that generally I guess I'd like the other two of you to Meridian Planning 8 Zoning August 2, 2007 Page 16 of 21 weigh in on the 24 hour. We have generally limited I think 6:00 to 11:00 everyfhing else around there. Rohm: To chime in, I think that staff is pointing out that the existing commercial development both north and east or a buffer to this corner lot and I concur with you that we need that kind of development in our residential areas and I don't believe that it will be intrusive at all, even at a 24 hour a day basis and it sounds like they have installed security systems in similar projects at other locations and have met success at those locations and if they are willing to invest in our community, I think we should support that. O'Brien: So, Mr. Chairman, Commissioner Newton-Huckabay, the -- to clarify, my concerns were not security of the facility inside, as much as concerns about someone being attacked on the outside at 1:00 or 2:00 o'clock in the morning with one or two people around maybe. This was my only concern., just to make sure that you understand where I'm coming from. I agree, I mean I would be a hundred percent for this -- 1 think it is a good placement of this type of facility location-wise, if we limited the hours and come up with an agreement with the hours that they should be. I recommend 10:00 p.m. to 5:00 p.m. that it be closed. That would satisfy my -- my needs, as well as having security cameras on the outside or some type of thing that would monitor that during the dark hours or something or when they are -- the hours are where people would show up to use the facility. Rohm: And I certainly support your right to your position, but just by definition, Anytime Fitness means 24-7 and if we are to turn around and make a recommendation for approval of anything less than the 24 hours, it defeats the purpose of their application. So, from just my perspective I think that we either have to make a recommendation based upon the application as submitted or make our recommendations for denial and -- O'Brien: I agree with you on that. That's the whole purpose of them being there, Mr. Chairman. But I would like to see them have some kind of a -- for the off hours a security system that would entail cameras available that would monitor the parking area. Rohm: Well -- and I think they do have that. O'Brien: I don't know. Rohm: Yeah. I think that that was the whole intent is there -- they have a camera system that monitors ingress-egress, as well as the card reader that -- O'Brien: I didn't hear the other areas, just the entrances. Okay. Rohm: All .right. Could I get a motion to close the public -- Meridian Planning 8 Zoning August 2, 2007 Page 17 of 21 Baird: Mr. Chair, before you close, I just wanted to clarify you do have another option that if -- because fhis is a Conditional Use Permit, you're entitled to put conditions on that you may not think that the applicant would find to be tasteful, but they wauld certainly have the right to appeal any condition to the City Council and at that time they could bring their operations people to further explain, we could have the police there -- they are generally there at the Council, so those could be addressed. So, just wanted to make sure before you close that it doesn't have to be up or down, you do have the ability to put conditions on. Rohm: Okay. Thank you. We appreciate that comment. Okay. With that being said could I get a motion to close the Public Hearing on CUP 07-015? Newton-Huckabay: So moved. O'Brien: Second. Rohm: It's been moved and seconded to close the Public Hearing on CUP 07-015. All those in favor say aye. Opposed same sign? MOTION CARRIED: THREE AYES. TWO ABSENT. Newton-Huckabay: Mr. Chair, I would like to make a motion to the effect of limiting -- limiting the hours. I would -- my personal opinion is that we would stick with the normal hours of operation that we have been applying when we are limiting hours to any other business in or near a residential area. I would possibly, actually, maybe go with 5:00 a.m. in the morning, given that that would probably be consistent with the time that most facilities of that nature would open, with closing hours of 11:00. Rohm: End of motion? Newton-Huckabay: If I stated that, is it in a position where it could be interpreted as a motion, that would be the end of motion. O'Brien: I agree with that. Baird: Is that a second? O'Brien: Second. Rohm: Okay. It's been moved and seconded to approve CUP 07-015 with the following changes to the staff report: That the hours of operation would be limited to -- from 5:00 to 11:00 p.m. Daily. All those in favor say aye. Opposed same sign? Aye. Motion carried. MOTION CARRLED: TWO AYES. ONE NAY. TWO ABSENT. Meridian Planning & Zoning August 2, 2007 Page t8 of 21 Item 9: Findings of Fact and Conclusions of Law for Approval: CUP 07-015: Request for Conditional Use Permit for a fitness center within the Sundance Subdivision No. 5 for Anytime Fitness by Dave Evans Construction - 3220 North Meridian Road: Rohm: With the motion being passed differing from the application, do we act on the -- Item No. 9 or can we maybe carry that over to the next meeting and have Findings of Facts and Conclusions of Law drawn up mirroring the motion for the next meeting? Hood.: Could you give me just one second to talk to the applicant about that? I think if you're comfortable as staff, we could just add that -- write that one line in, it's just one condition, there is not a huge change to the findings as you have them now. You can sign them this evening. But I want to just make sure that the applicant's okay with that or if they'd like another shot to look at that before you actually sign it. So, if you can give me just a minute. Rohm: Fair enough. Hood: Mr. Chair, I did get a chance to talk to the applicant and they would prefer that those amended findings be approved this evening if the Commission is also agreeable to doing that. So, what will happen is Bill or the clerk can add that -- I believe it was 1.9 to Exhibit B, just stating the hours of operation shall be limited to -- from 5:00 a.m. to 11:00 p.m. as noted. Rohm: Okay. Fair enough. All right. With that being said, then, at this time I'd like to open the -- or I guess do we open -- Baird: Move to approve. Rohm: Okay. Could I get a motion to approve the Findings of Facts and Conclusions of Law for CUP 07-015? Newton-Huckabay: So moved.. O'Brien: Second. Rohm: It's been moved and seconded to approve the Findings of Fact and Conclusions of Law for approval of CUP 07-015. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRLED: THREE AYES. TWO ABSENT. Rohm: Thank you, folks, for coming in. And before we adjourn Caleb has some things that he wanted to discuss with the Commission, so at this time, Caleb, the mike is yours.