HomeMy WebLinkAboutAnytime Fitness Denial APBEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE REQUEST
FOR CITY COUNCIL REVIEW
OF AN APPEAL OF APPROVED
CUP 07-015 LIMITING THE HOURS OF
OPERATION FROM 5:00 am to 11:00 pm
FOR
ANYTIME FITNESS
By DAVE EVAN CONSTRUCTION
APPLICANT
Case No. AP 07-008
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER OF
DENIAL
The above entitled appeal having come on for public hearing on September 4, 2007, at
the hour of 7:00 o'clock p.m. at Meridian City Hall, 33 East Idaho Avenue, Meridian,
Idaho. Anna Canning, City Planning and Zoning Director for the Planning and Zoning
Department, and Travis Burrows of Dave Evans Construction, appeared and testified, and
the City Council having duly considered the evidence and the record in this matter
therefore make the following Findings of Fact and Conclusions of Law, and Decision and
Order:
FINDINGS OF FACT
The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of Meridian,
and all current zoning maps thereof, and the Amended Comprehensive Plan of the City of
Meridian adopted August 6, 2002, Resolution No. 02-382, and maps and the ordinance
Establishing the Impact Area Boundary.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF THE APPEAL OF THE
ANYTIME FITNESS CUP 07-015; CASE NO. AP-07-008
PAGE 1 OF 3
2. The property is located at 3220 N. Meridian, Idaho, Lot 10, Block 1 of
Sundance Subdivision No. 5, Section 31, Township 4 North, Range 1 East, Meridian,
Ada County, Idaho.
3. Settlers Crossing, whose address is 7761 West Riverside Drive, Suite 100,
Boise, Idaho 83714, is the current property owner.
4. Travis Burrows, Dave Evans Construction, whose address is 7761 West
Riverside Drive, Suite 100, Boise, Idaho 83714, is the applicant.
5. The Applicant requests an appeal of the Planning and Zoning
Commission's decision to limit the hours of operation from 5:00 am to 11:00 pm for
Anytime Fitness located in an L-O zone district within Sundance Subdivision No. 5 by
Dave Evans Construction.
6. The entire parcel of property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
CONCLUSIONS OF LAW
The City of Meridian has discretionary authority to review and approve or deny
decisions of the Planning and Zoning Commission as provided by the Municipal Code of
the City of Meridian, Uniform Development Code, Section 11.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby
order and this does order:
That the Planning and Zoning Commission's decision regarding limiting the hours
of operation from 5:00 am to 11:00 pm for Anytime Fitness is upheld for the following
reasons:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF THE APPEAL OF THE
ANYTIME FITNESS CUP 07-015; CASE NO. AP-07-008
PAGE 2 OF 3
1. The property is currently zones L-O, with a requirement for CUP approval
of the indoor recreational use.
2. Limiting the hours of operation for the indoor recreational use from 5:00
a.m. to 11:00 p.m. is generally compatible with other uses in the general
neighborhood.
By action of the City Council at its regular meeting held on the day of
September, 2007.
ROLL CALL:
COUNCILMAN KEITH BIRD VOTED
COUNCILMAN JOE BORTON VOTED
COUNCILMAN CHARLIE ROUNTREE VOTED
COUNCILMAN DAVID ZAREMBA VOTED
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
DATED:
MOTION: APPROVED: DISAPPROVED:
MAYOR TAMMY de WEERD
ATTEST:
CITY CLERK
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department, and City Attorney.
By: Dated:
City Clerk's Office
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER OF DENIAL OF THE APPEAL OF THE
ANYTIME FTI'NESS CUP 07-015; CASE NO. AP-07-008
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