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HomeMy WebLinkAboutKarate for Kids CUPRECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A MARTIAL ARTS FACILITY FOR CHILDREN IN A C-G ZONE, BY PETRA, INC. – CUP-03-035 - Page 1 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A MARTIAL ARTS/SELF DEFENSE ESTABLISHMENT FOR CHILDREN IN A C-N ZONE PETRA, INC. , Applicant ) ) ) ) ) ) Case No. CUP-03-035 RECOMMENDATION TO CITY COUNCIL 1. The property is located at the southeast corner of Linder and Franklin Roads, Meridian. 2. The owner of record of the subject property is William J. and Jody Ann Buckner. 3. Applicant is Petra, Inc. 4. The subject property is currently zoned C-N. The zoning district of C-N is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The Applicant requests the Conditional Use Permit for a martial arts/self defense establishment for children in a C-N zone. The Zoning Schedule of Use Control shows that all private schools require a Conditional Use Permit in the C-N zone (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan, which designates the property as Commercial. 7. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A MARTIAL ARTS FACILITY FOR CHILDREN IN A C-G ZONE, BY PETRA, INC. – CUP-03-035 - Page 2 A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as modified by the P&Z Commission, as follows: 1. The existing 6” Siberian Elm tree may be removed from the site as proposed, without any additional mitigation per Ordinances 12-13-13-6 and 12-13-7-2. 2. The future 1,650 s.f. (maximum) expansion shall be approved through the Certificate of Zoning Compliance process and will not require a separate Conditional Use Permit. 3. The required rear setback will be measured from the east property line. The south property line must meet the interior side setback. 4. The proposed row of parking spaces with 13 spaces in a row is approved under the Alternative Compliance provisions of Ordinance 12-13-18. 5. Minimum tree size for the project shall be 2” caliper per Ordinance 12-13-7-3. 6. Sanitary sewer and water service shall be from existing service lines on the property. Applicant shall coordinate connection location, size, and routing with the Public Works Department 7. 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 or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 8. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 9. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 10. 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 must 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 a 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. 11. Certificate of Occupancy: All required improvements must be complete prior to RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A MARTIAL ARTS FACILITY FOR CHILDREN IN A C-G ZONE, BY PETRA, INC. – CUP-03-035 - Page 3 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 (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 12. Parking is approved as depicted on the submitted site plan. The Commission concurs the project will have ample parking as shown. 13. Landscaping shall installed as depicted on the submitted landscape plan. The applicant testified at the hearing that no easement exists that would interfere with the trees shown in the street buffers. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400’ apart. 1997 UFC Appendix III-A 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the Public Works Department. 4. All radii shall be 28’ inside and 48’ outside radius for all entrances and internal roads. 5. All fire lanes shall have an unobstructed width of 20’. UFC 902.2.1 C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 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. 2. The developer must comply with Idaho Code 31-3805. D. Adopt the Recommendations of the Sanitary Services Company as follows: 1. The enclosure design looks good. However, further review for access needs to be considered [as part of the CZC process]. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A MARTIAL ARTS FACILITY FOR CHILDREN IN A C-G ZONE, BY PETRA, INC. – CUP-03-035 - Page 4 E. Adopt the Recommendations of Central District Health Department as follows: 1. No objections provided structure is connected to City water and sewer. 2. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 3. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. F. Adopt the Recommendations of the Ada County Highway District as follows: 1. Construct a 35-foot wide (maximum) curb return driveway on Linder Road located 133-feet south of the edge of pavement from the Franklin Road intersection as proposed. Pave the driveway to its full-required width and to a point 30-feet beyond the edge of pavement of Linder Road with 15-foot curb radii pavement tapers abutting the existing roadway edge. This driveway is approved as a right-in/right-out access and should be signed accordingly. Coordinate the on site median construction with District staff. 2. Utilize the existing 30-foot curb return driveway adjacent to the east property line on Franklin Road as proposed. Pave the driveway to its full-required width and to a point 30-feet beyond the edge of pavement of Franklin Road abutting the existing roadway edge. This driveway is approved as a full access driveway but may be restricted to right-in/right-out operations in the future if there is a safety or traffic concern. 3. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. 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. 4. 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. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A MARTIAL ARTS FACILITY FOR CHILDREN IN A C-G ZONE, BY PETRA, INC. – CUP-03-035 - Page 5 5. 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. 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. 7. 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. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. 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. 10. 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. 11. 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.