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Fit Barre CUP-14-011[a 161911205 1DI91aF.1 I FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER E IDIAN*,----- 1DAHO In the Matter of the Request for Conditional Use Permit for an Indoor Recreation Facility in an L- O Zoning District for Fit Barre, Located at 4795 N. Summit Way, Ste. 130, by Aesthetic Properties, LLC. Case No(s). CUP-14-011 For the Planning & Zoning Commission Hearing Date of. August 21, 2014 (Findings on September 4, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 21, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 21, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 21, 2014, 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 (LC. §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 April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-14-011 Page 1 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 August 21, 2014, 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 Commission's authority as provided in Meridian City Code § 1I- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's request for conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of August 21, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City in accord with UDC 11-5B-6F.1. 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 signed by the City Engineer within this two (2) year period in accord with UDC 11-513-617.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.F.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code 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 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 may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board 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 August 21, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-14-011 Page 2 B action of the Planning & Zoning Commission at its regular meeting held on the ( `J day of , 2014. COMMISSIONER JOE MARSHALL, CHAIRMAN VOTED / i r �S> t COMMISSIONER STEVEN YEARSLEY, VICE CHAIRMAN VOTED COMMISSIONER SCOTT FREEMAN VOTED�/t. �-Jec-r-,s 1 eq Copy served upon the Applicant, the�Development Services divisions of the Community Development Department, the Public Works Department and the City Attorney. By: ! U,K&4 1.(t Dated: I City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-14-011 Page 3 EXHIBIT A STAFF REPORT Hearing Date: August 21, 2014 TO: Planning & Zoning Commission FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: CUP-14-011 — Fit Barre I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST E IDIAN*-- IDAHO The applicant, Wade Pilling, has applied for a conditional use permit (CUP) for an indoor recreation facility in an L-O zoning district for Fit Barre, a dance/fitness studio. See Section IXAnalysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning and Zoning Commission heard this item on August 21, 2014. At the public hearing, the Commission moved to approve the subiect CUP request. a. Summary of Commission Public Hearing: i. In favor: Wade Pilling ii. In opposition: None iii. Commenting: None iv. Written testimony: Wade Pilling v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. None c. Key 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-14- 011 as presented in the staff report for the hearing date of August 21, 2014, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-14-011 as presented during the hearing on August 21, 2014, for the following reasons: (You should state specific reasons for denial and what the applicant could do to gain your approval with another application.) Continuance I move to continue File Number CUP-14-011 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Fit Barre CUP-14-011 PAGE 1 EXHIBIT A IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property generally located at 4795 N. Summit Way, Suite 130, at the southwest corner of W. McMillan Road and N. Summit Way, in the NE'/4 of Section 36, Township 4 North, Range 1 West B. Owner(s): Aesthetic Properties, LLC 4795 N. Summit Way, Ste. 120 Meridian, ID 83642 C. Applicant: Same as owner D. 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: August 4, and August 18, 2014 C. Radius notices mailed to properties within 300 feet on: July 31, 2014 D. Applicant posted notice on site by: August 11, 2014 VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property is located in Cedar Springs Business Park which consists of undeveloped L-O zoned properties. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is within an area zoned for office uses; however, the remainder of this area to the north and south has not yet developed. Residential properties exist to the north across Ustick Road and future residential uses are planned to the east across N. Summit Way. C. History of Previous Actions: • In 2002, this property was annexed (AZ-02-028) with a development agreement (Instrument No. 103192355) and a preliminary plat (PP-02-027) was approved. • In 2004, a final plat (FP-04-012) was approved that included the subject property. • In 2005, a certificate of zoning compliance (CZC-05-147) was approved for the structure on this site. • In 2010, a certificate of zoning compliance verification (CZCV- 10-0 13) was approved for personal/professional services within the subject tenant space. D. Utilities: 1. Public Works: a. Location of sewer: The building already exists on the site and is connected to City services. Fit Barre CUP-14-011 PAGE 2 EXHIBIT A b. Location of water: The building already exists on the site and is connected to City services. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no canals or ditches on this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. Flood Plain: This site is not within a flood plain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is mostly designated Medium Density Residential (MDR) with a small portion designated as Office on the Comprehensive Plan Future Land Use Map. When this property was annexed, the L-O zoning designation was determined to be consistent with the FLUM designation for this site. The Office designation provides opportunities for low -impact business areas which include offices, technology and resource centers; ancillary commercial uses may be considered. The proposed use of the site is a dance/fitness studio, which is classified in the UDC as an indoor recreation facility. Indoor recreation facilities in the L-O zoning district require conditional use approval. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • "Plan for an encourage services like health care, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings." (2.01.01C) The proposed dance/fitness studio will provide a recreation opportunityfor residents in nearby residential developments. • "Require all commercial and industrial businesses to install and maintain landscaping." (2.01.03B) Landscaping already exists on this site; no changes are proposed. The applicant is required to maintain the existing landscaping. • "Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection." (3.04.02A) There is adequate water supply and pressure available to the site for fire protection. For the above -stated reasons, staff feels the proposed use is consistent with the applicable comprehensive plan policies and is appropriate in this location. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. Fit Barre CUP-14-011 PAGE 3 EXHIBIT A B. Schedule of Use: Unified Development Code (UDC) 11-213-2 lists the permitted, accessory, conditional, and prohibited uses in the L-O zoning district. The proposed indoor recreation facility (dance/fitness studio) is listed as a conditional use in the L-O district. The specific use standards listed in UDC 11-4-3-2 apply to the proposed use. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-213-3 for the L-O zoning district apply to development of this site. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests approval to operate a dance/fitness studio in a 1,200 square foot (s.f.) tenant space in an existing building in the L-O zoning district. The proposed use is classified as "indoor arts, entertainment or recreation facility" in the UDC which requires conditional use approval in the L-O zoning district. No exterior modifications to the building are proposed. Site Plan: A site plan is included in Exhibit A that was approved with the original Certificate of Zoning Compliance for the structure. No changes to the site are proposed. Access: Access is provided to the site via a driveway access on N. Summit Way. No new accesses are proposed. Direct access to W. Ustick Road is prohibited. Parking: Based on the overall square footage of the building (approximately 7,371 s.f.), a minimum of 15 parking spaces are required to be provided for the entire building. Parking stalls exist on the site in compliance with UDC requirements. Parking is shared between all of the tenants in the building. Landscaping: Street buffer and parking lot landscaping exists on the site. No changes are proposed. Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC 11-4-3-2, Arts, Entertainment or Recreation Facility, Indoors and Outdoors. The only standard that may apply to this site is as follows, "Accessory uses including, but not limited to, retail, equipment rental, restaurant, and drinking establishments, may be allowed if designed to serve patrons of the use only." The other standards pertain to outdoor facilities and are not applicable to indoor facilities. Hours of Operation: The proposed hours of operation are from 8:00 am to 5:00 pm, Monday thru Friday. The L-O zoning district restricts hours of operation from 6:00 am to 10 pm. Certificate of Zoning Compliance: Due to the fact that the proposed use is within an existing building and no site or exterior building modifications are proposed a full Certificate of Zoning Compliance application will not be required to commence the proposed use on this site. Planning staff will review and approve the commencement of the use through the Tenant Improvement and/or Certificate of Occupancy submitted to the Community Development Department. All interior modifications (tenant improvements) associated with the use must receive all required permits and inspections from the Building Division of the Community Development Department prior to operation of the dance/fitness studio. Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings Fit Barre CUP-14-011 PAGE 4 EXHIBIT A 1. Vicinity & Aerial Map 2. Site 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 Fit Barre CUP-14-011 PAGE 5 EXHIBIT A Exhibit A.1: Vicinity & Aerial Map Fit Barre CUP-14-011 PAGE 6 EXHIBIT A Exhibit A.2: Site Plan WMILLAN FMAD vwwroof . VAMKWIn vA"P M Gill PROPOSED Td. FLOOR PLAN I=Wor4r Pit Barre CUP-14-011 PAGE 7 EXHIBIT A B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with all previous conditions of approval associated with this site. 1.2 The hours of operation of the proposed business are limited to the hours between 6:00 am to 10 pm in accord with UDC 11-2B-3A.4. 1.3 The Applicant shall have a maximum of two (2) years to commence the use as permitted in accord with the conditions of approval listed above. If the use has not begun within two (2) years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 11-513-6F. 1.4 Staff s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.5 The applicant shall not be required to submit a Certificate of Zoning Compliance application to commence the proposed use on this site. Planning staff will review and approve the commencement of the use through the Tenant Improvement and/or Certificate of Occupancy submitted to the Community Development Department. All interior modifications (tenant improvements) associated with the use must receive all required permits and inspections from the Building Division of the Community Development Department prior to operation of the dance/fitness studio. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comments on this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns with this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no concerns with this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 ACHD has no comments on this application. 7. PARKS DEPARTMENT 7.1 The Parks Department has no comments on this application. Fit Barre CUP-14-011 PAGE 8 EXHIBIT A C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-513-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: a. 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 the dimensional & development regulations of the L-O district (see Analysis Section IX for more information). b. 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 proposed use is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of MDR/Office for this site. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 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, and sewer. The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently provided to the subject property. The Commission finds that the proposed use will be served adequately by all of the public facilities and services listed above. f. 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. 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. Fit Barre CUP-14-011 PAGE 9 EXHIBIT A 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, fumes, glare or odors. The Commission finds the proposed use will not be detrimental to any persons, property or the general welfare of the area. h. 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. Further, 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. Fit Barre CUP-14-011 PAGE 8