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Home My WebLink AboutSandy's Danceworks CUP 03-027June 16, 2003 CUP 03-027 MERIDIAN PLANNING & ZONING MEETING June 19, 2003 APPLICANT Sgndy'S Dancework's, LLC ITEM NO. S REQUEST Public Hearing -Request for a Conditional Use Permit for approval for dance studio use in an I-L zone at 269 East 5th Avenue for Sandy's Dancework's - 269 East 5th Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CEMRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: at pubflc meegnga shall become property of the CMy of Merldlan. COMMENTS See attached Staff Comments See attached Comments ~,~od~roF ~iroc~~-~ ~ ~C~ See attached Comments See attached Commerds Inc. M:1Y0 A Good Place to LEGAL Robert D (208) 466- Bax 466- . CITY OF MERIDIAN PUE3LIC Cr1Y COUNCIL AUII DING Keieh 33 EAST IDAHO ~ (2os) sS7-22tt Fax se7- Tammy 11IERIDIAN, IllAHO 83642 Cherie (208) 888-4-433 ~ FAX (208) 887- PLANMNG r1Nll City Clerk Office Fax (208) 888- DEPARTbIEA' (208) 884-5533 ~ FAX 888- MEMORANDUM: Hearing Date: June 19, 2003 To: Mayor, City Council and Planning & Zoning Commission RECEIVED From: Sonya Allen, Planner I ~ JAN ~ 2 2~t~3 Brad Hawkins-Clark, Planner III ~~-- Re: Sandy's Dancework's City Of Mendran City Clerk Office • Request for Conditional Use Permit for a Dance Studio Located at 269 E. SS' Street, Suite 101 & 103, in an I-L (Light Industrial) Zone, by Sandy Waters (File No.CUP-03-02~. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modif-ed or deleted by motion of the Meridian City Council: APPLICATION SUMMARY & BACKGROUND The applicant, Sandy Waters, has requested approval of a conditional use permit for a dance studio offering a variety of dance classes for all ages ranging from 3 to adult. The studio will offer danceweaz, miscellaneous snacks, coffee and soft drinks for sale to their customers. Generally, classes are 1 hour each with the majority of classes from 4:30 p. m. until 9:30 p. m. Morning classes are also held. There are approximately 10-12 students per class. The subject property is located in an I-L (Light Industrial) zone. A conditional use permit is required fora "private school" in that zone. "School, Private Commercial" is defined in the zoning ordinance as: A school, regardless whether it is operated for profit, primarily devoted to instruction in selected subjects such as dance, music drama, art, languages, martial arts training, etc. The existing building was approved through the Certificate of Zoning Compliance process on September 6, 2000. A vaziance was approved in September, 2000 for a landscape buffer reduction which allowed fewer trees. There is an existing 25' sewer easement and 40' irrigation easement adjacent to the west property line. No trees aze permitted in this location. LOCATION & SURROUNDING USES The subject property is located at 269 E. 5th Avenue, north of E. Franklin Road at the intersection of CUP-03A27 Sandy's Dancework's.CUP Planning & Zoning Commission/Mayor & City Council Hearing Date: June 19, 2003 Page 2 E. King Street and E. 5th Avenue. The following uses surround the subject property: North -Idaho Truss, zoned I-L South - Rostislav's Custom Furniture & Design, zoned I-L East -Boise Basin Electric & Caffall Tile & Marble, zoned I-L West -Single-family residential, zoned O-T Standards for Conditional Uses The Commission and Council shall review the particulaz facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit and planned development ifthey shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; Staff finds that the site is not lazge enough to accommodate the required landscaping, however they have obtained a variance which allows reduced landscaping. The MCC (12-13-5) does not specifically list dance studios. The applicant estimates that they will have 10-12 students per class. Currently, the site has 31 parking spaces, eight of which aze compact. The total square footage of the building is 13,608. Of the nine suites designated in the building, three are occupied. The applicant proposes to occupy an additional three tenant spaces at a total square footage of approximately 5,000 s.f. hi the occupied suites, the main uses aze offices and warehousing. The ordinance requires one parking space for each 1,000 square feet of warehouse area and 1 per 400 s.f. for office use. At a minimum, Staff recommends reserving three pazking spaces for each of the three vacant tenants. Using this calculation this would leave a balance of 13 pazking spaces for the dance studio. The applicant should be prepared to discuss the parking arrangement at the public hearing. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The Comprehensive Plan Land Use Map designates the property as "Industrial". Staff finds the proposed use is harmonious with the Comprehensive Plan. Staff finds further that the proposed use is in compliance with the Meridian City Code. CUP-03-027 Sandy's Danceworks.CUY Planning & Zoning Comrnission/Mayor & City Council Hearing Date: June 19, 2003 Page 3 C. 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 adjacent uses, including Idaho Truss to the north, could be deemed incompatible with a use that involves children. The applicant has stated that the majority of their classes are in the evening where the existing industrial uses would be less of a concern, however, they also hold morning classes and Staff does have concerns for the safety of the children. The Council and Commission should consider public testimony when determining if the proposed use will change the essential character of the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed use will have an adverse affect on the other property in the vicinity. The Council and Commission should rely upon public testimony to determine if the development will adversely affect the other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fue protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Staff finds that the proposed development will be adequately served by the essential public facilities and services listed above. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the proposed use would not create additional requirements at public cost for public facilities and service and will not be detrimental to the economic welfare of the community. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; CUP-03-027 Sandy's Danceworks.CUP Planning & Zoning Commission/Mayor & City Council Hearing Date: June 19, 2003 Page 4 Staff anticipates that the proposed use will not be detrimental to any persons, property, or the general welfare. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The site has 2 existing curb cuts off of E. 5"` Street that have been approved by ACHD and the City ofMeridian during the initial building permit process. Staff finds that the proposed use will not create interference with traffic on the surrounding public streets I: That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. SITE SPECIFIC REQUIREMENTS All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties orright-of--way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 2. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All new signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. All construction and site improvements shall conform to the requirements ofthe Americans with Disabilities Act. 4. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 5. Any conditions added by the Planning & Zoning Commission or City Council pertaining to the parking lot shall be complied with prior to occupancy. RECOMMENDATION As noted in finding "A" above, Staff has concerns about the compatibility of this use in an industrial zone. Until further information is presented by the applicant related tooff-street parking and safety CUP-03-027 Sandy's Danceworks.CUP Planning & Zoning Commission/Mayor & City Council Hearing Date: June 19, 2003 Page 5 concerns, Staff is not prepared at this time to make a formal recommendation. CCJP-03-027 Sandy's Dancewurks.CUP JUN-11-2003 01:13P FROPt:Sanitary Bergices, I 2~-888-5052 MAYOR RuLell U C'nm~ CITI COUNCIL MLMI3 L'I25 I WnlTly Ile Weald Witham I. M. Nary CLn ie SicCandless Kcuh Bud ~F~TI~ M ,, ~•y, T.~•~r -e ~I TIYR an of 1''~ ~~err~rcn~ . ~ ~ ,t,e v Ip AHI~ )~~ J~ ~//~ +w TO: Meridian Clerk P:1~1 LOGAL nPI'A I;Tn1rry' (2nH) JfC.9272 • FAY dbG-J' ni PARKS & KrI:HCAlIl1V (1rIR) BH,4.}iJ'1 • I'.Ir HVI4 vYIN I'LBLIC wgRKS (2081 B08•>500 • Fm 83~- i`7- n UI1.nING DFPAIiThIFNT (2nH) NH7.2211 • Fae Fn7-124-~ PLANNING 3c Z(?NING (LUd) 834-aif+ • rue F`~~-;•fA+ YRANSMITI-ALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your commanls and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, Clty clerk, by: June 12, 2003 Trarisrriitlal Date: Mey 22, 2003 Hearing Dale: June 14, 2003 File No.: CUP 03-027 Request: Conditional Use Permit for approval for dance studio use in an I-L zone at 269 East 5th Avenue for Sandy's Dancewortc's By: sanays uanceu Location of Property or Project: 269 East 5th Avenue Davltl Zaremba, P/Z (No VAR, VAC, FP) Jerry Centers, P!Z (NO VAR, VAC, PP) Leslie Mathes, PR (NO VAR, VAC, FP) Michael RUhnl, PJZ (NO VAR. VAC, FP) Kailh BOfUp, PJZ (No VAR, VAC:, f=F') Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Kaith Bird, C/C _ Cherie McCandless, C/C Water Department ewer Department Sanitary Service (No vnR. vac, FP) Buikling Departlnenl Fire Department Police Department City Attorney City Engineer City Planner Parks Department Meridian School District (Na FPl Meridian Post Office (FP/PP ony) Ada Cuumy Highway Dlsirict Ada County Development Services Central District Health Nampa Mondian Imp. District Settlers Irrigation District Idaho Power Ca. (FPNP ony) U.S. West (FP/PP only) Intermountain Gas (I-r/F+P ony) Bureau of Reclamation (FPq'Pnny) Idaho Transponalion Department (No FP) Ade County (Annoxatlon ony) Ada County Land Records (FP/PP Ony) Maridian Devaloprnanl Cor'Wraliun Histnriral Preservation Commission ~varr~aTron~ --~,t.t_ ~~o~ S.S.L , ,RECEIVED JUN 12003 City Of Meridian 33 LAST 1llAHU AVENUE -MERIDIAN, ll}AHUJi3642 • (2U8) 883 4433 City Clerk Office C'¢y Clerk Utirrr Pax (ZU8) 888 4218 Huuruu Ruomcee FILL (208) 884$923 •~ Finance & U4~illin@ P'ax (?USi $N~i• 181 i JUN 11 '03 13:23 208-888-5052 PRGE.01 THE COVE( SHOP "WE'VE GOT YOU COVERED" RGISE MAN~JF'A~T~JIZING, INS P.O. Box 159 Meridian, Idaho 83680-0159 Phone (208) 888-1981 R~CE~~ED JUN 1 1 2003 DATE: June 10, 2003 T0: Meridian Planning and Zoning Commission Meridian, Idaho. City Of Meridian City Clerk Office FROM: Roger Z. Brown and Catherine M. Brown, the owners of Boise Manufacturing and The Cover Shop and the property located at 205 E. 5th Avenue, Meridian, Idaho. SUBJECT: Conditional use permit for 269 E. 5th Avenue for Sandy's Danceworks LLC. We would go on record as OPPOSiNG ANY CONDITIONAL USE PERMIT for Sandy's Danceworks LLC located at 269 E. 5th Avenue in the Meridian Business Park, that is now 1-L zoning for the following reasons. This business park was sold and presented to the buyers of the property as a light manufacturing and business park ,and any other use should be denied. I would have great concerns to locating a dance studio in the business park that has limited parking for employees now with a lot of on street parking which at times creates a one lane road access. All day long there is heavy equipment semi-trucks, fork lifts, medium trucks using 5th avenue for access to Handys Truck Line, Exterior Building Supply, Boise Manufacturing, Meridian Plumbing and numerous other business in the area. I would think the safety factor alone would tell anyone this is not a great place for a Danceworks business with alot of dropping off and picking up of young people. There is going to be a great risk involved allowing a business of this type in an already congested and busy area. __Limm ~C7Sfs~~ra-/ CITY OF MERIDIAN NOTICE OF HEARING NOTICE 15 HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Meridian Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on June 19, 2003, for the purpose of reviewing and «~nsidering the application of Sandy's Dancework's, LLC for a Conditional Use Permit for approval for dance studio use in an I-L zone at 269 East Stn ._ Aver-ue for Sandy's Danceiivork's located at 269 East 5'" Avenue. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7} days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearings, please contact the City Clerk's Office at 888433 at least 72 hours prior to the public meeting. BATED 22"d Of May, 2003 PUBLISH 2nd and 16t" of June, 2003 .~ 9 WILLIAM G. BERG, SEAL = ;L ,~~ ~ ~O,q T rss • P ~~: MAYOR ROBERT D. CORRIE COUNCII. MEMBERS WE,LUM L.M. NARY KErrx Bmn TAn-mtv nE WEERo CxERtEMcCArrol.ESs Ru2aI, FEE CoNm-nsstoNERs RICFIARD GREENS TERRY LEIGHTON STEVE ELLIOTT -~Q ,/' CfIY OF J~~ /YL 817~1~7'l ll IDAHO CFnsF KEN W. BOWERS DEPUTY CFIIEF - FIRE PREVENTION JosEPxSE.vA DEPUTY CxIFF -TRAINING BE.t JoxNSON 540 East Franklin Road Me[idian, ID 83642 (208)888-1234 Fax (208) 895-0390 MERIDIAN CITY/RURAL FIRE DEPARTMENT June 4, 2003 RECEIVED JUN 0 52003 TO: Meridian Planning & Zoning Commission City Of Meridian FROM: Joseph Silva, Deputy Chief, Fire Prevention City Clerk Office SUBJECT: Sandy's Danceworks 269 East 5th CUP 03-027 The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire hydrams shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance ofthe water supply for fire protection will be by the Meridian Water Department. 3. All i~ernal roads shall have a turning radius of 28' inside and 48' outside. 4. All access roads within the project shall have a cleaz driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. Provide a fire alarm system if required. 7. Comply with the applicable sections of the Fire Code in particular the section on Exiting requiremems. MAYOR ROBERT D. CORR~ COUNCII. MEMBERS WII.LIAM L.M. NARY KEITHBnxD TAMMY DE WEERD CHERIE MCCANDLE35 RURAL FmE COMMI$SIONER$ RICHARD GREENE 1$RRY LEIGHTON STEVEELLIOTT CITY Ok yyy._.~ ~~ri~ian tI IUAHO KEN W. $OWF,R3 DEPUTY CHAP - FEtE PREVENTION JOSEPH SILVA DEPUTY CB1EF - TRAEJING BIl.L JOHNSON 540 East Franklin Road Meridian, ID 83642 (208)888-1234 Fax (ZOS) 895-0390 MERIDIAN CITY/RURAL FIRE DEPARTMENT June 4, 2003 RECEIVED TO: Meridian Planning & Zoning Commission JUN - 4 2003 City Of Meridian FROM: Joseph Silva, Deputy Chief; Fve Prever-tion City Clerk Office SUBJECT: Sandy's Danceworks 269 East 5th CUP 03-027 The fallowing will be the requirements and/or concerns to provide minimum levels of fire protection far the proposed project: 1. Provide afire-flow per the Uniform Fire Code Appendix III-A to service the project. Fire hydrams shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All internal roads shall have a turning radius of 28' inside and 48' outside. 4. All access roads within the project shall have a clear driving surface with a minimum width of20' available at all times. tTFC 902.2.2.1 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 6. Provide a fire alarm system if required. 7. Comply with the applicable sections of the Fire Code in particular the section on Exiting requireme~s. ~~~ Ada County Highway District Susan 5. Eastlake, 1st Vice President Garden City ID 83714-6499 Dave Bivens, 2nd Vice President Phone (208) 387-6100 John S. Franden, Commissioner FAX (208) 387391 David E. Wynkoop, Commissioner E-mail: tellus~ACHD.ada.id.us May 29, 2003 .~~ CEIVE.D TO: Sandy's Danceworks LLC 62 E. Fairview Avenue Meridian, Idaho 83642 JUN - 2 2003 SUBJECT: MCUP03-027 City Of Meridian City Clerk Office Dance Studio 269 East 5th Avenue In response to your request for comment, the Ada County Highway District (ACRD) staff has reviewed the submitted application and site plan for the item referenced above. It has been determined that the Right-of- Way and Development Services Department does not have any site specific requirements for you at this time: • Roadway improvements currently exist adjacent to the site If the site plan or use should change in the future, ACRD will review the site plan and may require improvements to the transportation system at that time. A traffic impact fee may be assessed by ACRD and will be due prior to the issuance of a building permit. Contact ACRD Planning & Development Services at 387-6170 for information. regarding impact fees. Prior to the construction or installation of any roadway improvements (curb, gutter, sidewalk, pavement widening, driveways, culverts, etc), a permit or license agreement must be obtained from ACRD. In accordance with ACHD's standard requirements, the applicant shall: • Meet District drainage requirements, • Replace or repair any damaged curb, gutter and sidewalk (as determined by Construction Services), • Bear all costs for the relocation of utilities associated with improving street frontages, • Contact the District's Utility Coordinator or Construction Services Department in regard to all utility street cuts to determine if the pavement is less than five years old. These provisions are in accordance with the Ada County Highway District Policy Manual, ISPWC Standards, Construction Services policies and procedures as well as all applicable ACRD Ordinances. If you should have any questions in regard to the standard requirements please feel free to contact out Construction Services Department at 387-6280 or our Drainage Department at 387-6250 (with file number) for details. If you have any questions, please feel free to contact the Right-of-Way and Development Services Department at (208) 387-6170. Sincerely, "l Joyce Newton Development Analyst Right-of-Way and Development Services Cc: Planning & Development/Project File Planning & Development Services Ciiy of Meridian Construction Services Wayne McDonald & Robert Albrecht 231 E. 5th Street Meridian, Idaho 83642 W 0 0 0 w 0 0 0 m 0 0 N 0 v ~c c c eo to ~uuUuuuuu L ~~JrC~~~~__~ m Am D Z r Z v ~- v~ z~ ~---~ ~~ Ow ~p o ~ O CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE June 19, 2003 ITEM # 5 PROJECT NUMBER CUP 03-027 PROJECT NAME Sandy's Dancework's NAME (PLEASE PRINT) FOR AGAINST NEUTRAL /~'~" G / n/! 5s ~