HomeMy WebLinkAboutMeridian Academy of Gymnastics CUP-00-038BEFORE THE MERIDIAN CITY COUNCIL
08-02-00
IN THE MATTER OF THE )
APPLICATION OF DAVE )
WILLIAMS, FOR A )
CONDITIONAL USE PERMIT )
FOR GYMNASTICS, DANCE & )
ICARATE INSTRUCTION )
FACILITY IN AN IL ZONE, )
LOCATED AT 1530 E. )
COMMERCIAL AVENUE, )
MERIDIAN, IDAHO )
)
Case No. CUP-O0-038
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT SUBJECT TO
CONDITIONS
The above entitled conditional use permit application having come before
the City Council for public heating on August 1, 2000, at the hour of 7:30 p.m., at the
Meridian city Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Fact and
Conclusions of Law and Recommendation to City Council issued by the Planning and
Zoning Commission who conducted a public heating and having heard and taken oral and
written testimony, and Shaft Stiles, Planning and Zoning Administrator, appeared and
testified at the heating, and the Applicant, Dave Williams, appeared and testified, and no
one appeared in opposition, and having duly considered the matter and the Planning and
Zoning Commission made the following Findings of Fact and Conclusions of Law and
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page ! of 12
USE PERMIT SUBJECT TO CONDITIONS /
SAMUEL M. JOHNSON
DAVE WILLIAMS / CUP-O0-038
Recommendation to City Council, and the City Council having received the staff report
and the record made before the Planning and Zoning Commission, and being fully advised
in the premises, the Council finds and concludes as follows:
STATEMENT OF LEGAL AUTHORITY AND JURISDICTION:
CONCLUSIONS OF LAW
Idaho Code § 67-6512 provides in part that:
(A)
As part of a zoning ordinance the City Council may provide
for the processing of applications for special or conditional
use permits; and
(B)
That a special use permit may be granted to an applicant if
the proposed use is othenvise prohibited by the terms of the
zoning ordinance, but may be allowed with conditions
under specific provisions of the zoning ordinance, subject to
the ability of political subdivisions, including school
districts, to provide services for the proposed use, and when
it is not in conflict with the plan; and
(c)
That upon the granting of a special use permit, conditions
may be attached to a special use permit, including, but not
limited to, those:
1) Minimizing adverse impact on other development;
2) Controlling the sequence and timing of development;
3) Controlling the duration of development;
4) Assuring that development is maintained properly;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
SAMUEL M. JOHNSON
DAVE WILLIAMS / CUP-00-038
Page 2 of 12
5) Designating the exact location and nature of
development; requiring the provision for on-site or
off-site public facilities or services; requiring more
restrictive standards than those generally required in
an ordinance; requiting mitigation of effects of the
proposed development upon service delivery by any
political subdivision, including school districts,
providing services within the planning jurisdiction.
2. The City of Meridian has exercised its authority to provide for the
processing of applications for Conditional Use Permits by the enactment of Meridian
City Code §: 11-17-2.
3. Idaho Code § 67-6504 provides that the City Council may exercise all of
the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is
known as the "Local Land Use Planning Act of 1975."
4. The City of Meridian has enacted the Comprehensive Plan City of
Meridian adopted December 21, 1993, Ordinance No. 629, January 4, ! 994.
5. Prior to granting a conditional use permit in a Light Industrial (I-L) zone,
a public heating shall be conducted with notiCe to be published and provided to
property owners or purchasers of record within three hundred feet (300') of the
extemal boUndaries of the land under consideration for the conditional use permit all
in accordance With the provisions of Meridian City Code § 11-17-5, which provides as
follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
SAMUEL M. JOHNSON
DAVE WILLIAMS / CUP-O0-038
Page 3 of 12
"Prior to approving a Conditional Use Permit, the applicant and the
Commission and Council shall follow notice and hearing procedures provided in
ChaPter 15 of this Title. Provided, however, that conditional use applications
for land in Old Town and in industrial and commercial districts shall only be
required to have one public hearing which shall be held before the Planning and
Zoning Commission; and after the recommendation of the Commission is made,
the application shall go before the City Council without a public hearing and the
Council may approve, deny, or modify the recommendation of the
Commission."
STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
AND JURISDICTION
FINDINGS OF FACT
1. A notice of a public heating on the conditional use permit was published
for two (2) Consecutive weeks prior to the said public hearing scheduled for August 1,
2000, before the City Council, the first publication appearing and written notice
having been mailed to property owners or purchasers of record within three hundred
feet (300') of the extemal boundaries of the property under consideration more than
fifteen (15) days prior to said heating and with the notice of public hearing having been
posted upon the property under consideration more than one week before said hearing
and the copies of all notices were made available to newspaper, radio and television
stations as Public service announcements; and the matter having been duly considered
by the City Council at the said August 1, 2000, public hearing; and the Applicant,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
SAMUEL M. JOHNSON
DAVE WILLIAMS / CUP-00-038
Page 4 of 12
affected property owners, and government subdivisions providing services within the
planning jurisdiction of the City of Meridian, having been given full opportunity to
express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§67-6509 and 67-6512; and Meridian City Code §§ 11-15-5 and
11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and
Proof of Posting filed with the staff report.
3. . Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all
current zoning maps thereof and the Comprehensive Plan of the City of Meridian
adopted DeCember 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the
Ordinance establishing the Impact Area Boundary Ordinance and Map.
4. The property is located at 1530 E. Commercial Ave., Meridian, Idaho.
5. The owner of record of the subject property is Dave Williams of Boise.
6. Applicant is owner of record.
7. - The subject property is currently zoned IL. The zoning district of IL is
defined within the City of Meridian Zoning and Development Ordinance, Section 11-
7-2.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
SAMUEL M. jOHNSON
DAVE WILLIAMS / CUP-O0-038
Page 5 of 12
8. The proposed application requests a conditional use permit for a
gymnastics, idance and karate instruction facility. The IL zoning designation within the
city of Meridian Zoning and Development Ordinance requires a conditional use
permit be obtained for most uses including those requested by the Applicant.
(Meridian City Zoning and Development Ordinance, Section 11-8-1).
9. The Meridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The requested conditional use is described in the "SITE LAYOUT PLAN,
DESIGNED BY: ALS, DRAWN BY: AC, CHECKED BY: ALS, KEV.B, PROJECT:
1142-98, SHEET C 1 OF 3, BY: BIG D BUILIDERS, INC., OWNER: DIAMOND
PROPERTIES, TREASURE VALLEY ENGINEERS, INC., NEW BUILDING FOR
DAVE WILLIAMS'', for Dave Williams, developer, for a gymnastics, dance and karate
instruction facility, located at 1530 E. Commercial Avenue, Meridian, Idaho, and
which property is described as:
Lot 5 in ~Block 1 of Railside Park Subdivision according to the official plat
thereOf, filed in Book 73 of Pages 7561 and 7562, records of Ada County,
IdahO.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
SAMUEL M. JOHNSON
DAVE WILLIAMS / CUP-00-038
Giving due consideration to the comments received from the
Page 6 of 12
governmental subdivisions providing services in the City of Meridian planning
jufisdiction,i as herein provided for in the conditions of approval, public facilities and
services required by the proposed development will not impose expense upon the
public if the conditions of development, as set forth in the Decision and Order number
2, are found to mitigate the effects of the proposed use and development upon services
delivered by political subdivisions providing services to the subject real property within
the planning jurisdiction of the City of Meridian.
13. The use proposed within the subject application will in fact, constitute a
conditional use as determined by Council action and City Ordinance.
14. The use proposed within the subject application will be subject
to the conditions as set forth in the Decision and Order under number 2, and will be
designed, c°nstructed, operated and maintained to be harmonious and appropriate in
appearance or intended character of the general vicinity and that such use will not
change the intended essential character of the same area.
15. The use proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
16. ' The use proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police and
fire protecti°n, drainage structures, refuse disposal, water and sewer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
SAMUEL M. JOHNSON
DAVE WILLIAMS / CUP-00-038
Page 7 of 12
17. The applicant has agreed to pay any additional sewer, water or
trash fees or charges, if any associated with the use.
18. The use proposed within the subiect application will not involve
uses, activities, 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.
19. : Sufficient parldng for the proposed use of the property will be
provided.
20. ~ The use will not result in the destruction, loss or damage of natural
or scenic features of major importance relating to the property.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
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:
1. That the Applicant of the property, is granted a conditional use permit for
the proposed application request of a conditional use permit for the operation of a
gymnastics, dance and karate instruction facility, located at 1530 E. Commercial
Avenue, Meridian, Idaho, and described in the "SITE LAYOUT PLAN,
DESIGNED BY: ALS, DRAWN BY: AC, CHECKED BY: ALS, KEV.B, PROJECT:
1142-98, SHEET C1 OF 3, BY: BIG D BUILIDERS, INC., OWNER: DIAMOND
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
SAMUEL M. JOHNSON
DAVE WILL:lAMS / CUP-00-038
Page 8 of 12
PROPERTIES, TREASURE VALLEY ENGINEERS, INC., NEW BUILDING FOR
DAVE WILLIAMS", for Dave Williams, developer, for the development of the
aforementioned project, and which property is described as:
Lot 5 in Block 1 of Railside Park Subdivision according to the official plat
thereof, filed in Book 73 of Pages 7561 and 7562, records of Ada County,
Idaho.
2. The conditional use permit granted herein is subject to the following terms and
conditions:
Adopt the Recommendations of the Planning Department as follows:
2.1
2.2
Off-street parking shall be provided in accordance with Section 11-13-4 of
the City of Meridian Zoning and Development Ordinance and/or as
detailed in site-specific requirements.
Paving and striping shall be in accordance with the standards set forth in
Sections 11-13-4.D. and 11-13-4.F. of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
2.3
All signage shall be in accordance with the standards set forth in Section
! 1-2-415 of the City of Meridian Zoning and Development Ordinance.
The Applicant shall be required to have warning signs to vehicle traffic
shall be provided and prominently placed on the site to warn of the
presence of children on the property.
2.4
All construction shall conform to the requirements of the Americans with
Disabilities Act.
2.5
Assessment fees for water and sewer service are determined during the
building plan review process. Applicant shall be required to enter into a
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
SAMUEL M. jOHNSON
DAVE WILLIAMS / CUP-O0-038
Page 9 of 12
Re-Assessment Agreement with the City of Meridian for all commercial
uses.
2.6
The Schedule of Parking Space Requirements, 11-13-5, does not list
gymnastic centers specifically. Nursery schools & day care centers require
1 space per 10 children, plus 1 space per staff member. The parking
requirement is the closest fit in the ordinance and will be generally
adequate, except during gymnastic meet times. The applicant shall verify
that parking is adequate for the proposed gymnastics center, with enough
remaining spaces for the future tenants.
2.7
No signage was submitted with the application. All signage for all tenants
in the building is subject to design review and shall require separate
permits.
AdoPt the recommendations of the Fire Department as follows:
2.8 . All codes shall have to be met with particular attention to whether or not
a sprinkler system shall be installed because of water fire flow.
AdoPt the recommendations of Ada County Highway District as follows:
2.9 All future design plans 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 in writing by the
District.
3. That ithe City Attorney draft an Order Granting Conditional Use Permit in
accordance with this Decision, which shall be signed by the Mayor and City Clerk and
then a conformed copy shall be served by the Clerk upon the applicant, the Planning
and Zoning Department, Public Works Department and City Attorney and any
affected party requested notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
SAMUEL M. JOHNSON
DAVE WILLIAMS / CUP-O0-038
Page 10 of 12
NOTICE OF FINAL ACTION
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 may be adversely affected by the issuance or
denial of the conditional use permit 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 Codel
By action of the City Council at its regular meeting held on the
of~/~-'~4' ,2000.
ROLL CALL
COUNCILMAN ANDERSON
coUNcILMAN BIRD
day
VOTED
VOTED
COUNCILMAN deWEERD
COUNCILMAN McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: ff-~"~a
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
SAMUEL M. JOHNSON
DAVE WILLIAMS / CUP-00-038
VOTED
VOTED
VOTED
Page 1 1 of 12
MOTION:
APPROVE~:='~.
DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attomey.
By: _~~,4~~ .~
City Clerk
msg/Z:\WorkX~lX~eridian 15360Nl~Williams CUPO38\CUPFfClsOrdDec
Dated:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /
SAMUEL M. JOHNSON
DAVE WILLIAMS / CUP-O0-038
Page 12 of 12
BEFORE THE MERIDIAN CITY COUNCIL
08-02-00
IN THE MATTER OF THE )
APPLICATION OF DAVE WILLIAMS, )
FOR A CONDITIONAL USE PERMIT )
FOR GYMNASTICS, DANCE & )
KARATE INSTRUCTION FACILITY )
IN AN IL ZONE, LOCATED AT )
1530 E. COMMERCIAL AVENUE, )
MERIDIAN, IDAHO )
)
CASE NO. CUP-00-038
ORDER OF CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 1 st day of August, 2000,
under the provisions of Meridian City Code § 11-17-4 for final action on conditional
use permit application and the Council having received and approving the
Recommendation of the Planning and Zoning Commission the Council takes the
following action:
1. That the Applicant/Owner of the property is granted a conditional use permit
for the proPosed application request of a conditional use permit for the operation of a
gymnastics,, dance and lcarate instruction facility, described in the "SITE LAYOUT
PLAN, DESIGNED BY: ALS, DRAWN BY: AC, CHECKED BY: ALS, REV.B,
PROJECT: 1142-98, SHEET C! OF 3, BY: BIG D BUILIDERS, INC., OWNER:
DIAMOND PROPERTIES, TREASURE VALLEY ENGINEERS, INC., NEW
BUILDING FOR DAVE WILLIAMS", for Dave Williams, developer, for the
development of the aforementioned project, and which property is described as:
Lot 5 in BlOck 1 of Railside Park Subdivision according to the official plat thereof,
filed in Book 73 of Pages 7561 and 7562, records of Ada County, Idaho.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 3
DAVE WILLIAMS / CUP-00-038
2. That the above named applicant is granted a conditional use permit for the
operation of a gymnastics, dance and karate instruction facility, located at 1530 E.
Commercial Avenue, Meridian, Idaho, subject to the following conditions of use and
development:
Adopt the Recommendations of the Planning Department as follows:
2.1
Off-street parking shall be provided in accordance with Section 11-13-4 of the
City of Meridian Zoning and Development Ordinance and/or as detailed in
site-specific requirements.
2.2
Paving and striping shall be in accordance with the standards set forth in
Sections 11-13-4.D. and 11-13-4.F. of the City of Meridian Zoning and
Development Ordinance and in accordance with Americans with Disabilities
Act (ADA) requirements.
2.3
All signage shall be in accordance with the standards set forth in Section 11-2-
415 of the City of Meridian Zoning and Development Ordinance. The
Appl!cant shall be required to have warning signs to vehicle traffic shall be
provided and prominently placed on the site to warn of the presence of
children on the property.
2.4
All construction shall conform to the requirements of the Americans with
Disabilities Act.
2.5
Assegsment fees for water and sewer service are determined during the building
plan review process. Applicant shall be required to enter into a Re-Assessment
Agreement with the City of Meridian for all commercial uses.
2.6
The Schedule of Parking Space Requirements, 11-13'5, does not list gymnastic
centdrs specifically. Nursery schools & day care centers require 1 space per 10
children, plus 1 space per staff member. The parking requirement is the closest
fit in'the ordinance and will be generally adequate, except during gymnastic
meet times. The applicant shall verify that parking is adequate for the
proposed gymnastics center, with enough remaining spaces for the future
tenants.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 3
DAVE WILLIAMS / CUP-00-038
2.7
No signage was submitted with the application~ All signage for all tenants in
the building is subject to design review and shall require separate permits.
Adopt the recommendations of the Fire Department as follows:
2.8
Ail codes shall have to be met with particular attention to whether or not a
sprinkler system shall be installed because of water fire flow.
Adopt the recommendations of Ada County Highway District as follows:
2.9
Ail future design plans 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 in writing by the District.
3. The above conditions are concluded to be reasonable and the applicant shall
meet such requirements as a condition of approval of the application for a conditional
use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code § 11-17-8, a copy of
which is attached to this permit.
By action~ ?uncil at its regular meeting held on the day of
,2000.
~b-~t/D. Corrie, MaYo~'-~ity-of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Departm~nt and City Attorney.
By'~. ~/~~?
City Clerk
Dated:
msg/Z:\WorkLMLMeridian 15360M~Williams CUPO38\CUPOrder
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 3
DAVE WILLIAMS / CUP-00-038