Boise Slam Basketball CUP-14-014CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
E IDIAN*--
1DAHO
In the Matter of the Request for a Conditional Use Permit for an Indoor Recreation Facility in an I-
L zoning District by Boise Slam Basketball Club, Located at 3660 E. Lanark Street.
Case No(s). CUP-14-014
For the Planning & Zoning Commission Hearing Date of. September 18, 2014 (Findings on October
2, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 18, 2014, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 18, 2014, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 18,
2014, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 18, 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 (I.C. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian, which was adopted 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
upon the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-14-014
Page 1
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of September 18, 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 § 11-
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 a conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of September 18, 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 11-513-6F.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 11-513-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.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 September 18, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-14-014
Page 2
EXHIBIT A
STAFF REPORT
Hearing Date:
TO:
FROM:
SUBJECT:
September 18, 2014
Planning & Zoning Commission
Sonya Watters, Associate City Planner
208-884-5533
CUP-14-014 — Boise Slam Basketball Club
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
E IDIAN*--
IAHO
The applicant, Boise Slam Basketball Club, has applied for a conditional use permit (CUP) for an
indoor recreation facility in an I-L zoning district for Boise Slam Basketball Club. See Section IX
Analysis 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 September 18, 2014. At the
public hearing, the Commission moved to approve the subiect CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Penny Dennis, Mike Chatterton
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Karena Gilbert
v. Staff presenting application: Sonya Watters
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-
014 as presented in the staff report for the hearing date of September 18, 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-14-014
as presented during the hearing on September 18, 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-14-014 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
Boise Slam Basketball Club CUP-14-014 PAGE 1
EXHIBIT A
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property generally located at 3660 E. Lanark Street, in Section 9, Township 3 North,
Range 1 East
B. Owner(s):
Volante Investments, LLP
3084 E. Lanark Street
Meridian, ID 83642
C. Applicant:
Boise Slam Basketball Club
683 W. Bird Wing
Meridian, ID 83642
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: September 1, and 15, 2014
C. Radius notices mailed to properties within 300 feet on: August 28, 2014
D. Applicant posted notice on site by: September 2, 2014
VI. LAND USE
A. Existing Land Use(s) and Zoning: The site is located in an existing multi -tenant building in the I-
L zoning district.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Industrial properties, zoned I-L
East: Vacant property, zoned I-L
South: Undeveloped property, zoned I-L
West: Commercial (R.C. Willey), zoned C-G
C. History of Previous Actions: NA
D. Utilities:
1. Public Works:
a. Location of sewer: The building already exists on the site and is connected to City
services.
b. Location of water: The building already exists on the site and is connected to City
services.
c. Issues or concerns: None
Boise Slam Basketball Club CUP-14-014 PAGE 2
EXHIBIT A
E. Physical Features:
1. Canals/Ditches Irrigation: There are no open canals or ditches on this site.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This site is not within a flood plain.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated on the Comprehensive Plan Future Land Use Map (FLUM) as Industrial.
This designation allows a range of industrial uses to support industrial and commercial activities and
to develop areas with sufficient urban services. Light industrial uses may include warehouses, storage
units, light manufacturing, and incidental retail and office uses.
The proposed use of the site for a non-profit youth basketball organization, classified in the UDC as
an indoor recreation facility, is not a considered an "industrial" use; however, the UDC does allow
indoor recreation facilities as a conditional use in the I-L district with approval of the Planning and
Zoning Commission.
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 and encourage services like health care, daycare, grocery stores and recreational
areas to be built within walking distance of residential dwellings." (2.01.01 C)
The proposed youth basketball organization 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.
• "Provide opportunities for physical activities." (2.01.0113)
The proposed basketball organization will provide physical opportunities for youth in the
area.
• "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 I-L district is to provide for convenient
employment centers of light manufacturing, research and development, warehousing, and
distributing. In accord with the Meridian Comprehensive Plan, the I-L district is intended to
encourage the development of industrial uses that are clean, quiet and free of hazardous or
objectionable elements and that are operated, entirely, or almost entirely, within enclosed
structures. Accessibility to transportation systems is a requirement of this district.
B. Schedule of Use: Unified Development Code (UDC) 11-2C-2 lists the permitted, accessory,
conditional, and prohibited uses in the I-L zoning district. The proposed indoor recreation facility
Boise Slam Basketball Club CUP-14-014 PAGE 3
EXHIBIT A
(gym) is listed as a conditional use in the I-L 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 11-2C-3 for the I-L
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 non-profit organization dedicated to the development
of youth basketball players in a 12,000 square foot tenant space in an existing building. The
facility will house two full-size basketball courts that can be used for team and individual
practice. See application narrative for more information on the proposed use.
The proposed use is classified as "indoor arts, entertainment or recreation facility" in the UDC
which requires conditional use approval in the I-L zoning district. No exterior modifications to
the building are proposed.
Because adjacent uses are industrial in nature, and because the proposed hours of operation are
evening and weekends, staff does not anticipate the proposed recreation facility will have any
adverse impacts on existing tenants.
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 to the site is provided via E. Lanark Street, a private street off of N. Gaudians
Avenue.
Parking: Parking was required with development of the site based on the overall square footage
of the building (approximately 142,800 s.£). The subject tenant space consists of 12,000 square
feet, which requires a minimum of 6 parking spaces; a total of 26 spaces are available for this
tenant space consistent with UDC standards.
The applicant's narrative states that most clients will be dropped off and picked up by their
parents; therefore, staff feels the amount of parking provided on the site should be adequate for
the proposed use. If needed, adjacent parking for other businesses may also be utilized if
permission is granted and hours of operation don't conflict.
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 application states the proposed hours of operation are evenings and
weekends. The I-L zoning district does not restrict hours of operation.
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
Boise Slam Basketball Club CUP-14-014 PAGE 4
EXHIBIT A
permits and inspections from the Building Division of the Community Development Department
prior to operation of the proposed use.
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B.
X. EXHIBITS
A. Drawings
1. Zoning/Aerial Map
2. Site Plan
B. Conditions of Approval
1. Planning Division
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
Boise Slam Basketball Club CUP-14-014 PAGE 5
EXHIBIT A
Exhibit A.1: Zoning/Aerial Map
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Boise Slam Basketball Club CUP-14-014 PAGE 6
EXHIBIT A
Exhibit A.2: Site Plan
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Boise Slam Basketball Club CUP-14-014 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 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 11-513-617.
1.3 Staff s failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
1.4 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 indoor
recreation facility.
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.
Boise Slam Basketball Club CUP-14-014 PAGE 8
EXHIBIT A
C. Required Findings from Unified Development Code
1. Conditional Use Permit (UDC 11-5B-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 I-L 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 Industrial 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.
Boise Slam Basketball Club CUP-14-014 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.
Boise Slam Basketball Club CUP-14-014 PAGE 8
Commission at its regular meeting held on the day of
B action of the Planning & Zoning Co $
2014.
COMMISSIONER JOE MARSHALL, CHAIRMAN
COMMISSIONER STEVEN YEARSLEY, VICE CHAIRMAN
COMMISSIONER SCOTT FREEMAN
COMMISSIONER PATRICK OLIVER
COMMISSIONER RHONDA MCCARVEL
Attest:
Jaycee Holman, City Clerk
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Copy served upon the Applicant, the Planning and Development Services divisions of the Community
Developme t Dep ment, the Public Works Department and the City Attorney.
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-14-014 Page 3