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HomeMy WebLinkAboutIndoor Recreation Facility CUP-09-010CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF E ID~~'~' LAW AND IDAHO DECISI N & ORDER In the Matter of the Request for a Conditional Use Permit for an Indoor Recreation Facility in an I-L Zoning District for the Property Located at 760 E. King Street, Suite 102, by Paul Meikle, Sparta Nation. Case No(s). CUP-09-010 For the Planning and Zoning Commission Hearing Date of: December 17, 2009 (Findings on January 7, 2010) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 17, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 17, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 17, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 17, 2009, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 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. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-09-010 Page 1 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval in the attached Staff Report for the hearing date of December 17, 2009, 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 Commiss Code § 11-SA and based upon the above and adopted, it is hereby ordered that: on's authority as provided in Meridian City foregoing Findings of Fact which are herein 1. The applicant's Conditional User Permit request is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of December 17, 2009, 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 void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, 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 maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-09-010 Page 2 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 maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe 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 December 17, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-09-010 Page 3 By action of the Planning & Zoning Commission at its regular meeting held on the ~ ~~ day of ~ , 20~. iD (''n1~~TT\~T~ccrnrr~n nevTT ...r,r (Chair) COMMISSIONER MICHAEL ROHM COMMISSIONER WENDY NEWTON-HUCKABAY COMMISSIONER TOM O'BRIEN VOTED VOTED_ (~~ VOTED CL. VOTED ~iL, COMMISSIONER JOE MARSHALL VOTED_ ~ `~~ h d 1'~~1'.... ,~~ c°aPO,~q~ ~a U ~~ ~ . . n S~A~.:;~~ . r: Attest: ~ GST .. ,~ ~.::4' a e olman, City Clerk '"r CHAIRMAN . E Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By:~~(~~'~td~ Dated: ~`-~ `' I V City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-09-010 Page 4 STAFF REPORT Hearing Date: December 17, 2009 TO: Planning & Zoning Commission r TT1T A 7~ T~ FROM: Sonya Waters, Associate City Planner j'~ jjJj``'"~j~J 208-884-5533 I D A H O SUBJECT: CUP-09-010 -Spartan Training I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Sparta Nation/Paul Meikle, has applied for Conditional Use Permit (CUP) approval of an indoor recreation facility in an I-L zoning district. Sparta Nation is a personal training and fitness facility that also sells used fitness equipment upon request. II. SUMMARY RECOMMENDATION Staff is recommending approval of the proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning and Zoning Commission heard this item on December 17, 2009. At the public hearing, they moved to approve CUP-08-015. a. Summary of Commission Public Hearing: i. In favor: Steve Hill; Paul Meikle ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: Anna Canning b. Kev Issues of Discussion by Commission: i. None c. Kev Commission Changes to Staff Recommendation: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP-09- 010, as presented in the staff report for the hearing date of December 17, 2009 with the following modifications: (Add any proposed modifications.) Ifurther move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on January 7, 2010. Denial After considering all staff, applicant and public testimony, I move to deny CUP-09-010, as presented during the hearing on December 17, 2009, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number CUP-09-010 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) PAGE 1 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: 760 E. King Street, Suite 102 Located in the southeast '/ of Section 7, Township 3 North, Range 1 East B. Owner(s): Steve Hill, M & S Properties 760 E. King Street, Suite 107 Meridian, ID 83642 C. Applicant: Paul Meikle, Sparta Nation 760 E. King Street, Suite 102 Meridian, ID 83642 D. Representative: Same as Owner E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 30, and December 14, 2009 C. Radius notices mailed to properties within 300 feet on: November 19, 2009 D. Applicant posted notice on site by: December 7, 2009 VI. LAND USE A. Existing Land Use(s) and Zoning: There is currently amulti-tenant building on this site. The property is zoned I-L (light industrial). B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is currently surrounded by industrial property, zoned I-L, and commercial property, zoned C-G. C. History of Previous Actions: • A Certificate of Zoning Compliance (CZC-03-054) was approved fora 12,288 square foot office/warehouse building on this site in 2003. D. Utilities: 1. Public Works: a. Location of sewer: currently served from E. King Street. b. Location of water: currently served from E. King Street. c. Issues or concerns: None PAGE 2 E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property is not within the floodway but is within flood zone "AE" according to FEMA maps. F. Access: Access to this site is provided from E. King Street. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Industrial" on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 106), industrial areas are designated to allow a range of industrial uses to support industrial and commercial activities and to develop with sufficient urban services. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian currently provides municipal services to the subject property in the following manner: • Sanitary sewer and water service has been extended to the property. • The lands are serviced by the Meridian Fire Department (MFD). • The lands are serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services will continue to be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal I, Objective B (page 109) -Plan for a variety of commercial and retail opportunities within the Impact Area. Staff believes the proposed fitness facility and ancillary retail use of the property will contribute to the variety offitness/health opportunities available within the City. • Chapter VII, Goal IV (page 112) -Encourage compatible uses to minimize conflicts and maximize use of land. Staff believes the proposed use of this property is compatible with surrounding industrial and commercial uses. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the I-L district is to provide for convenient PAGE 3 employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian Comprehensive Plan, the I-L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district (UDC 11-X- 1 A) B. Schedule of Use: Unified Development Code (UDC) 11-2C-21ists the permitted, accessory, conditional, and prohibited uses in the I-L zoning district. The proposed fitness facility is considered an "indoor recreation facility" use per the definition listed in UDC 11-1A-1. As such, conditional use approval is required in the I-L zoning district. There are specific use standards for indoor recreation facilities listed in UDC 11-4-3-2. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2C-3 for the I-L zoning district apply to this site. D. Landscaping Standards (UDC 11-3B): Landscaping is not required with this application. 1. Width of street buffer(s): NA 2. Width of buffer(s) between land uses: NA 3. Percentage of site as open space: NA 4. Tree Preservation: NA E. Off-Street Parking: UDC 11-3C-6B requires one off-street vehicle parking space for every 2,000 square feet of gross floor area in industrial districts for non-residential uses. The total square footage of the existing building is 12,288; the square footage of the tenant space proposed for the fitness facility is 1,632. Based on this amount, a total of 6 parking stalls are required for the entire building. A total of 32 parking stalls are provided on the site, which exceeds UDC requirements. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The Applicant is requesting conditional use approval for a personal training and fitness facility as required by UDC Table 11-2C-2; used fitness equipment will also be sold upon request. There is an existing 12,288 square foot multi-tenant building on this property of which the applicant proposes to rent a 1,632 square foot space. As stated above, there are specific use standards listed in UDC 11-4-3-2 that apply to indoor recreation facilities. Staff has reviewed these standards and found the proposed use in compliance with the standards. Staff has also reviewed other development standards contained in the UDC applicable to the proposed use of this site pertaining to landscaping, parking, and dimensional standards and found the site to be in compliance with those standards. The proposed hours of operation for the fitness facility are from 6 am to 8 pm, Monday thru Saturday. Because uses such as this are not typical of uses normally found in industrial areas, the UDC requires a conditional use permit in order for Staff and the Commission to determine on a site-by- site basis if the use is appropriate. Allowing such uses in industrial zoned areas takes away from the limited amount of industrial property within the city available for uses that are only allowed in industrial districts. Whereas indoor recreation facilities such as this are principally permitted in the C-N, C-C, C-G, and O-T districts and conditional uses in the L-O, I-L, and TN-C districts. In PAGE 4 this case, because the use is proposed within a 1,632 square foot tenant space in amulti-tenant building and not a larger site as typical with industrial uses, staff feels that approving this CUP is appropriate and would not be taking away from needed industrial space. Therefore, Staff is supportive of the proposed CUP request, per the findings listed in Exhibit C. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan 3. Landscape Plan B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code PAGE 5 Exhibit A.1: Vicinity/Zoning Map PAGE 6 Exhibit A.2: Site Plan p~ . Tlt DtlilK DNf..wCRtlL. Vi gM%MI.II POV N1DMV .mesas Nm mrDw w ooellK VWIIDIO UDRIC NYN. etownw~ntReNM ML Ilgplp YTIHTT D01wIMN /IQ GII11 ~ MM ~~ 41DIIiiPY 91~M~D~iLLtr~ R'A TM ~IC.ll~6i WO1TNq Io~.vroli VpM1o ~M M w11ue I N~D~/fM 4e4e ~Y16DY'~pd~N,~YILt V9V IS'IOVk. MIYL if ORi N tl1p{yppl YITM 1M ~IlNNi! wnKlre M 1W unur.OQW1Y YiVT@ O I~~d'~ © M~NfNWM1w~g1V P1NLN .YmIDM M1VDlODt~ATTIIHL V-/ 4wrowrM.rw,nwrruy ~' ~i nS°x°r~~irq°.aw w~v1`arM~q~~ O 11~11M~. MYOI~ti Yy'/R ~t.1110111I1LIO O WN gT~Il~L1.M%TT,IOw O GiHNN1V tPl4ll Oli Q W .V~I•FN MwI/ruTrc~ ~~ •owro Q v~eeewo.nllw.eroesww pO .w+~+wn>.er. 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TRAON eNOL04URe /1, .~ , arxm arer rr- \ ~ 10040D1r lab.>W.rOp nrswle aanww +y rn~r,io aMpOOPrp,W N11M,YlR{Yl0 e.alyn, , ~AM~OAPe PLAN ~ assn. ~..: PAGE 8 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site/landscape plan prepared by Architecture Northwest, dated September 2003, is hereby approved with no changes. 1.2 The applicant shall comply with the specific use standards listed in UDC 11-4-3-2 for indoor recreation facilities. 1.3 Prior to establishment of the proposed use, the applicant shall be required to submit a Certificate of Zoning Compliance Verification application to the Planning Department for this site. 1.4 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 (UDC 11-SB-6F). 1.5 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application 3. FIRE DEPARTMENT 3.1 The proposed project has no fire department concerns. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. SANITARY SERVICES 5.1 SSC has no comments related to this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 Site Specific Conditions of Approval: 6.1.1 During the onsite inspection of the proposed site, staff identified a portion of the sidewalk that had obstructions to pedestrians utilizing the sidewalk. A mailbox structure has been placed on the sidewalk, which would not meet current ADA standards for sidewalk width. The applicant will be required to widen the sidewalk behind the mailbox structure to meet current ADA standards. 6.1.2 The applicant is proposing to construct an island in the center of the existing driveway onto King Street. The applicant will be required to relocate the island outside of ACHD right-of--way. The applicant will be required to enter into a license agreement for any landscaping located within ACRD right-of--way abutting the site on King Road. 6.2 Standard Conditions of Approval: 6.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 6.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 6.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. PAGE 9 6.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 6.2.5 Comply with the District's Tree Planter Width Policy. 6.2.6 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 numbers) for details. 6.2.7 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 of Idaho shall prepare and certify all improvement plans. 6.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 6.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 6.2.11 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 (1-811-342-1585) 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. 6.2.12 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. 6.2.13 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 subject 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. 7. PARKS DEPARTMENT 7.1 The Parks Department did not provide comments on this application. PAGE 10 C. Required Findings from Unified Development Code 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 Commission finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the I-L district, including parking and other features required by the UDC. 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 Comprehensive Plan future land use map designation of industrial for this site is consistent with the current I-L zoning. Further, the Commission finds the proposed use of the site is consistent with the Comprehensive Plan in that the proposed fitness facility will contribute to the variety of opportunities available in the City. As discussed in Section IX above, because the use is proposed within a 1,632 square foot tenant space in amulti-tenant building and not a larger site as typical with industrial uses, the Commission feels that approving this CUP is appropriate and would not be taking away from needed industrial space. The proposed use is generally harmonious with the requirements of the UDC. (See Sections VII, VIII, and IX above for more information.) 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 proposed fitness facility 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 fitness facility will not adversely affect other property in the area. 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 finds 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, the Commission 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. PAGE 11 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. 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 will likely increase with the approval of a fitness facility in this location; however, the Commission does not believe that the amount generated will be detrimental to the general welfare of the public. The Commission does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. The Commission finds that the proposed use 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 finds that there should not be any health, safety or environmental problems associated with the proposed use. The Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance.