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HomeMy WebLinkAboutMeridian Soccer Cntr CUP 03-056BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C12-16-03 [N THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR AN INDOOR SOCCER CENTER IN AN I-L ZONE, LOCATED ON EAST PIPER COURT IN THE NIEDLMONT BUSINESS PARK (MARKETED AS STONEBRIGDGE BUSINESS PARK), MERIDIAN', IDAHO Case No. CUP-03-056 FINDINGS OF FACT AND CONCLUSIONS OF LAR' AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT MERIDIAN SOCCER PROPERTY, APPLICANT The above entitled conditional use permit application having come before the City Comicil on December 16, 2003, at the hoar of 7:00 p.m., at Meridian City Hall, 33 East Tdaho Street, Meridian, Idaho, and Am1a Powell Planning Director for the Plamling and Zoning Department, and Jim Main, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Plamling and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT FINDINGS OF FACT AND CONCLUSIONS OF LAR' AND DECISION ANll ORDER GRANTING CONllITIONAL USE PERMIT PAGE 1 OF 15 A notice of a public hearing on the conditional use permit was published For two (2) consecutive weeks prior to the said public hearing scheduled for December 16, 2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within tlu-ee hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property wider 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 December 16, 2003, public hearings; and the applicant, 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. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-li-5 and 11-17-5 as evidenced by the Aff davit of Mailing, and the Affidavit ofPublication and Proof of Posting f led with the staff report. This proposed development request is in an I-L zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on East Piper Court in the Medimont Business Park (marketed as Stonebridge Business Panic) in Meridian, Idaho. 5. The owner of record of the subject property is John Barnes, Properties West, Inc. FINDINGS OF FACT AND CONCLUSIONS OF LAVV AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 2 OF 15 6. Applicant is Meridian Soccer Properly. The subject property is currently zoned I-L. The zoning district of I-L is defined within the City of Meridian Zoning and Development Ordinance, Section l 1-7-2. 8. The proposed application requests a conditional use permit for an indoor soccer center in an 1-L zone. The 1-L 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 Zonng and Development Ordinance, Section 11-8-1). 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as Industrial. l0. The use proposed which is the subject of this application, will in fact, constitute a conditional use as determined by City Ordinance. 1 L The Meridian City Council takes judicial. notice of its Zoning, Subdivision and Development Ordinances coditied at Titles 11 and 12, Meridian City Code and all can ent zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Givine due consideration to the comment received fi om the governmental subdivisions providing services in the City of Meridian planningjurisdiction public facilities and services required by the proposed development will not impose expense upon the public i Cthe following conditions of development are imposed and the following is also found to be required 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 plamiulgjurisdiction of the FINllINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDE12 GR4NTING CONDITIONAL USE PERMIT PAGE 3 OF 15 City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS 1. 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 lotlighting 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. 3. Al] construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 4. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. Any conditions added by the Planning & Zoning Commission or City Council pertaining to the parking lot shall be complied with prior to occupancy. 6. Enter into a shared parking agreement with neighboring businesses in the Medimont Business Park to accommodate any potential parking overflows. 7. As part of a conditional use permit, the City of Meridian may impose additional restrictions%condi [ions. S. Sanitary sewer and water service shall be from existing service lines on the property. 9. 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 Eovironmeotal Quality 1997 publication Catalog ofStorm Water Best Management Practices forldaho Cities and Counties and City ofNleridian 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND OIZllEI2 GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 15 B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Commercial occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 4. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside. 5. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. 6. All interior revocations shall comply with the 2000 International Fire Code. G ACHD recommended that the proposed indoor soccer center comply with the ACHD recommendations for Medimont Business Park. D. Adopt the Recommendations of Central District Health Department as follows: 1. stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface Co prevent impact to groundwater and surface water quality. 2. 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. E. Adopt the action of the City Council taken at their December 16, 2003 meeting as follows: For clarification: 1. The revised Site Plan dated December 1, 2003 appears to meet the landscape ordinance and parking lot requirements. Upon review and approval of the Planning and Zoning Department the revised Site Plan dated December 1, 2003 shall be approved. 2. The applicant shall obtain the shared parking agreements with the neighboring businesses to accommodate any potential overflow parking for the site. 13. It is found that the site is large enough to accommodate all required landscaping. FINDINGS OF FACT AND CONCLIiS1ONS OF LA~'t' AND DECi5ION ANll O12DE12 G12AN"PING CONDITIONAL USE PERMIT PAGE 5 OF 15 The applicant's proposed landscaping plan meets all Meridian City Code landscaping regm rements. The MCC's parking standards (12-13-5) do not specifically list indoor soccer centers. Th'e applicant estimates that the indoor soccer center will have two employees at the facility and twenty soccer players using the facility at a time. The applicant's site plan proposes 3~ parking spaces to allow parking for each 6f the players (games consist of two, ten player Ceams) employees, and spectators. Additionally, the applicant shall secure the shared paii<ing agreements with the neighboring businesses to accommodate any potential overflow of parldng. l4. The Comprehensive Plan Future Land Use Map designates the property as "TndustriaP'. It is found that the proposed use is harmonious with the Comprehensive Plan. Jr is further found that the proposed use is incompliance with the Meridian City Code. It is found that the proposed indoor soccer center is compatible with the existing light industrial uses found in the Medimont Business Park. The proposed structure wil I consist of a large, open enclosed space which is similar to other structures found in business parks with I-L zoning. The desi gn of the structure makes it both aesthetically compatible with surrounding uses and makes the structure a good candidate for reuse if the Meridian Soccer Center ceases operation.. The uses immediately surrounding the proposed indoor soccer center are all light industrial in nature (the surrounding uses include an office for a construe[ion company, an office for the Intermountain Foods Corporation, and a training center for Mary Kay cosmetics) and are compatible with the proposed indoor soccer center. The City of Meridian recently approved a dance studio in the I-L zone, finding that the dance studio was compatible with surrounding I-L uses. The proposed use is classified as an "indoor recreation facility" because [he active FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 15 nature of the activity at the proposed soccer center is substantially different from the more passive activities at a movie theater or video arcade found in what is classified as an "indoor entertainment facility in the MCC." l5. The adjacent industrial and office uses are compatible with the proposed indoor soccer center. The applicant has stated in their application that the heaviest periods of usage for Che soccer facility will be evenings and weekends. The usage tithes of the facility wili help to make the proposed use compatible with the existing industrial uses in the business park. 16. It is not anticipated that the proposed uses will adversely affect the other properties in. the vicinity. (See Finding of Fact number 15.) 17. It is found that the proposed development will be adequately served by the essential public facilities and services. The proposed indoor soccer center will be constricted in apre-existing business park which is currently served by public facilities. 18. It is found that the proposed use would not create additional requirements at public cost for public facilities and service and will not be detrimental tothe economic welfare of the community. The proposed soccer center will be located in apre-existing business earl: which is already served by urban services. 19. It is anticipated that the proposed use will not be detrimental to any persons, property, or the general welfare. ?0. It is found that the proposed use will not create interference with traffic on the surrounding public streets. Unlike youth soccer leagues, the applicant's proposed indoor soccer center will cater to adult soccer leagues which typically have much lower spectator attendance. The proposed use will not generate the volume of traffic seen at youth soccer ~?ames. FINDINGS OF FACT AND CONCLUSIONS OF 1.AW AND DECISION AND 012DER GRANTING CONDITIONAL LISE PERMIT PAGE 7 OF 15 21. It is not anticipated that any natural or scenic feature(s) of major importance in Che area will be affected by the proposed development. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as,the "Act" codified at Chapter 65, Title 67, [daho Code (LC. §67-6503). The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use perniits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting lhe. same that the evidential showing supports the finding that the following standards are met and [hat the proposed development: (Meridian City Code § 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 maybe required by this Ordinance: b. That the proposed use and development plan will be harmonious with the FL\D1NGS OF FACT ANll CONCLUSIONS OF LAW AND DECISION AND ORDE12 GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 15 !Meridian Comprehensive Plan and in accordance with dre requirements o~f this Ordinance; a 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; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. 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, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the comnnmity; 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 the general welfare by reason of excessive production of traffic, noise, smoke, fames, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with n-affic on surrounding public streets; and 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. 5. Prior to granting a conditional use permit in the h7dustrial District (I-L), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code S 1 1-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior [o approving a Conditional Use Pernrit, 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 hearine which shall be held before the Plamvng and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 15 Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." Following Che public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, acid Idaho SCate law. (Meridian City Code S 11-17-6) 7. When the City Cotmcil approves a conditional ttse permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Asstu-e that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the hnpact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. FINDINGS OF FACT ANll CONCLUSIONS OF LAW AND DECISION ANA ORDER GR.ANTINC CONllITIONAL i;SE PERMIT PAGE 10 OF l5 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDI'I'[ONS 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: That the above named applicant is granted a conditional use permit for an indoor soccer center in an I-L zone, located on East Piper Court in the Medimont Business Park (mar]<eted as Stonebridge Business Park), Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS 1. All exterior lighting, whether attached to the building or located within the parking lot, shal t bedown-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. ?. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Toning 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. 3. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 4. As part of a conditional use permit, the City of Meridian may impose additional restrictionsr'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. 6. Enter into a sharedparking agreement with neighboring businesses in theMedimont Business Park to accommodate any potential parking overflows. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 15 7. As part of a conditional use pei~nit, the City of Meridian may ,impose additional restrictions/conditions. Sanitary sewer and water service shall be from existing service lines on the property. 9. A drainage plan designed by a State of Idaho licensed architect or engineer is required v~d 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 Porldaho 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. B. Adopt the Recommendations of the Meridian Fire Department as follows: l: Commercial occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 2. Acceptance of the water supply for fire protection will be by the Meridian Water DepartmenC. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Deparhnent. The proposed fire hydrant locations will be submitted to the Public Works for plan review. 4. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside. 5. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. 6. All interior revocations shall comply with the 2000 International Fire Code. C. ACRD recommended that the proposed indoor soccer center comply with the ACRD recommendations for Medimont Business Park. D. Adopt the Recommendations of Central District Health Department as follows: 1. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANll OIZDEIZ GRANTING CONDITIONAL USE PERMIT PAGE 12 OF li E. Adopt the action of the City Council taken at their December 16, 2003 meeting as follows: For clarification: 1. The revised Site Plan dated December 1, 2003 appears to meet the landscape ordinance and parking lot requirements. Upon review and approval of the Planning and Zoning Department the revised Site Plan dated December 1, 2003 shall be approved. 2. The applicant shall obtain the shared parking agreements with the neighboring businesses to accommodate any potential overflow parking for the site. The conditions shall be reviewable by the Council pursuant to Meridian City Code § I1-.17-9. 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 peiYnit. 4. That the 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 copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximwl~ period of eighteen (18) months unless otherwise approved by the council. During this bole, the pe~~nit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building pennies and commence construction of permanent footings or structures on or in the ground. hr this context "structures" shall include sewer and water lines, streets or building construction. The applicant FL~'DINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER G12ANTING CONDITIONAL USE PERMIT PAGE 13 OF ] 5 has specified in the application and to the commission and council a constriction schedule and completion date for the project If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (l8) month period. For•projects with multiple phases, the eighteen (18) month deadline shall apply Co the fast 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 year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (_~VICC 11-7 7- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be Fled 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 wi 1.1 toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Cade § 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION Ai\'ll ORllER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 15 conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek ajudicia] review as provided by Chapter 52, Title 67, Tdaho Code. By action of the City Council at its regular meeting held on the ~ ~~ day of 2004. ROLL CALL: COUNCILMAN KETTH BIRD VOTED--6~- COUNCILWOMAN TAMMY de WEERD VOTED~'~ COUNCILWOMAN CHERIE McCANDLESS VOTED~~`" COUNCILMAN BILL NARY VOTED~~-- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED:=6 -Q l~ MOTION: APPROVED: - DISAPPROVED: 1111111111111/// `o~~y pF MEI~j~!.,, .Attest: ;`~~C)' `~pµPORgTF 9y ~. ~~"~ - BEAL William G. Berg, Jr., City Clerk % ~.~ x.909 ~T tst ~ P~ Copy served upon Applicant, Planniit~j,~~I:+QO~TiYtgll~ Department and the City Attorney. By: ~/y/d"'~ ~ Dated: ~ City Clerk Z'.\Work\M\Meridian\Meridian U360M\Meridian Soccer Cen[er CUP-03-056\FfCIsCUP03-056.dw Mayor o ert D. Cowie Public Works 1111uuuull/+/y++ V~ pftPaRgr ~''~ '. \aG F~ 6-0~ _ sEA~ 9 FINDINGS OF FACT AND CONCLUSIONS OF LA~i' AND DECISION ANll ORDE/TF'~,,;~GaITY ~ `Qc l\`~~ GRANTING CONDITIONAL USE PERMIT PAGE 15 OF IS BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 12/16/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR AN INDOOR SOCCER CENTER IN AN I-L ZONE, LOCATED ON EAST PIPER COURT IN THE MEDIMONT BUSINESS PARK (MARKETED AS STONEBRIDGE BUSINESS PARK), MERIDIAN, IDAHO MERIDIAN SOCCER PROPERTY, APPLICANT Case No. CUP-03-056 ORDER GRANTING CONDITIONAL USE PERMIT This matter coming before the City Council on December 16, 2003, 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: That the above named applicant is granted a conditional use permit for an indoor soccer center in an I-L zone, located on East Piper Court in the Medimont Business Park (marketed as Stonebridge Business Park), Meridian, ldaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT (CUP-03-056) PAGE 1 OF 6 A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS All exterior lighting, whether attached to the building or located within the parking lot, shal I 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 l 1-14 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. 3. All construction and site improvements shall conform to the requirements of the 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. 6. Enter into a shared parking agreement with neighboring businesses in the Medimont Business Park to accommodate any potential parkiug overflows. As part of a conditional use permit, the City of Meridian may impose additional resu'ictions/conditions. 8. Sanitary sewer and water service shall be from existing sen~ice lines on the property. 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 ofMeridian 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. O12DER CONDITIONAL USE PERMIT (CUP-03-056) PAGE 2 OF 6 B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Commercial occupancies will require afire-flow consistent with the Uniform Fire Code to service the proposed project. Fire hydrants shall be placed an average of 400' apart. 2, .Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department The proposed fire hydrant locations will be submitted to the Public Works for plan review. 4. All roads and fire lanes shall have a turning radius of 28' inside and 48' outside. 5. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at al] times. 6. All interior revocations shall comply with the 2000 International Fire Code. C. ACHD recommended that the proposed indoor soccer center comply with the ACRD recommendations for Medimont Business Park. D. Adopt the Recommendations ofCentral District Health Department as follows: 1. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2. 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. E. Adopt the action of the City Council taken at their December 16, 2003 meeting as follows: For clarification: 1. The revised Site Plan dated December 1, 2003 appears to meet the landscape ordinance and parking lot requirements. Upon review and approval of the Planning and Zoning Department the revised Site Plan dated December 1, 2003 shall be approved. 2. The applicant shall obtain the shared parking agreements with the neighboring businesses to accommodate any potential overflow parking for the site. ORDER CO~'DITIO\'AL USE PERMIT (CUP-03-056) PAGE 3 OF 6 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval o'f 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. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building pernuts and commence construction of permanent footings or structures on or in the ~-ouud. h~ this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring 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. h~ the event that the development is made in successive contiguous segments or ORDER CONDITIONAL USE PERMIT (CUP=03-056) PAGE 4 OF 6 multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pw'suant to Tdaho Code 67-8003, the Owner may 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 .iudicial Review maybe filed. 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 approval may within twenty-eight (28) days after the date of this decisio~o. and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. f~i By action of the City Council at its regular meeting held on the ~ - day of ~~-~ ~- , 2004. _ ~, d?~Ge..e Robert D. Corrie, Mayor City of Meridian ORDER CONDITIONAL USE PERMIT (CUP-03-056) PAGE 5 OF 6 \\\\\\IpNfHn Ugh1JJJJ,' Attest: ~``(~~~ ~ ~~T,~~'a ~y~~~ T ~ Fo ~~- ; ~- SEAL William G. Berg, Jr., City Cl rk ;. 9~, ~~ "' 90 ~sr ass •, .~ .~', '', 9 ~P ~f''Jq ~UfYTY . \\\\\``~ Copy served upon Applicant, the Planning and ~'bhutgl>u~p'a4-tment, Public Works Department and City Attorney. By: ~~-- Dated City Clerk ~-P~ ,~„uwnr,lul 0 '~ ''9.y'~'. '~ ~,~~°RQaRgr~~o Z:AWork\M~McridiunAbleridian U360M~Meridinn Soccer Cen[erCUP-03-056VOrdarCUP.doc ORDER CONDITIONAL USE PERbTIT (CUP-03-056) ~" w "- '9p ~Osr tss ~ P~; JJJJllhliill illsll\\\\\ PAGE 6 OF 6