ACNW Indoor Recreation Facility CUP-14-016CITY OF MERIDIAN E IDIAN�--
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND I D A H O
DECISION & ORDER
In the Matter of the Request for a Conditional Use Permit for an Indoor Recreation Facility in an I-
L Zoning District by ACNW Properties, LLC, Located at 1471 E. Commercial Drive.
Case No(s). CUP-14-016
For the Planning and Zoning Commission Hearing Date oh December 4, 2014 (Findings on
December 18, 2014)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 4, 2014, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 4, 2014, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 4,
2014, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 4, 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-14-016
Page 1
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of December 4, 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:
1. 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 December 4, 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 December 4, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-14-016
Page 2
By action of the Planning & Zoning Commission at its regular meeting held on the
2014.
COMMISSIONER JOE MARSHALL, CHAIRMAN
COMMISSIONER STEVEN YEARSLEY, VICE CHAIRMAN
COMMISSIONER SCOTT FREEMAN
COMMISSIONER PATRICK OLIVER
COMMISSIONER RHONDA MCCARVEL
G8 day of
VOTED
VOTED
VOTED A b5--e- 1. 1
VOTED
VOTED �C-f—
O�QDRATED ,411
Attest:
~ �9
City Of
IDIAN*,
E Epq„0
Jaycee Holman, City Clerk `F� SFAL
9o(rde TREASUP6;
Copy served upon the Applicant, the Planning and Development Services divisions of the Community
Development Department, the Public Works Department and the City Attorney.
c
By: Dated:
City Clerk's O 1
e
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-14-016
Page 3
EXHIBIT A
STAFF REPORT
Hearing Date:
TO:
FROM:
SUBJECT:
December 4, 2014
Planning and Zoning Commission
Bill Parsons, Associate City Planner
208-884-5533
CUP-14-016 — ACNW Indoor Recreation Facility
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
E IDIAN
1DAHt?
The applicant, ACNW Properties, LLC, has applied for a Conditional Use Permit (CUP) to operate an
indoor recreation facility in the I-L (Light Industrial) zoning district. 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 December 4, 2014. At the public hearing, the
Commission approved the subiect CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Dave Mendez
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
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-
016 as presented in the staff report for the hearing date of December 4, 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-14-016
as presented during the hearing on December 4, 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-14-016 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
ACNW Indoor Recreation Facility CUP-14-016 PAGE 1
EXHIBIT A
A. Site Address/Location: (Parcel #R73264715000)
The subject property located at 1471 E. Commercial Drive in the SE'/4 of Section 9, Township 3
North, Range 1 East.
B. Applicant/Owner(s):
ACNW Properties, LLC
1471 E. Commercial Drive
Meridian, ID 83642
C. 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 and Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: November 17, and December 1, 2014
C. Radius notices mailed to properties within 300 feet on: November 13, 2014
D. Applicant posted notice on site by: November 24, 2014
VI. LAND USE
A. Existing Land Use(s) and Zoning: The property is developed with two (2) structures and the
proposed use is to operate from the rear warehouse building. The property is zoned I-L.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Developed industrial properties, zoned I-L
East: Developed industrial properties, zoned I-L
South: Undeveloped property, zoned I-L
West: Developed industrial properties, zoned I-L
C. History of Previous Actions: In 2005, a Certificate of Zoning Compliance (CZC-05-103)
application was approved to construct the rear warehouse structure on this site.
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
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.
ACNW Indoor Recreation Facility CUP-14-016 PAGE 2
EXHIBIT A
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 indoor recreation facility use is not considered an "industrial" use however; the UDC
allows 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):
• "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 indoor recreation facility 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 believes 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) I 1-2C-2 lists the permitted, accessory,
conditional, and prohibited uses in the I-L zoning district. The proposed indoor recreation facility
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:
Conditional use permit (CUP): The applicant requests approval to operate recreational sports
activities from the rear warehouse building (7,500 square feet). The facility will house two (2)
basketball courts for multi -sport use that can be used for team and/or individual practice. Team
practices are anticipated to consist of 12 to 15 kids. See application narrative for more
ACNW Indoor Recreation Facility CUP-14-016 PAGE 3
EXHIBIT A
information on the proposed use.
Phase one of the project is to establish the proposed use on the property within the existing
footprint of the rear building. As the demand for the facility increases, the applicant envisions
expanding the rear building approximately 5,880 square feet to accommodate other sporting
activities (e.g. baseball batting cages and cross training).
Because the applicant has plans for a future expansion; the proposed conditional use permit
will apply to the entire site to allow the applicant to expand the facility consistent with the
proposed phasing plan.
Hours of Operation: The athletic activities will be between the hours of 5:15pm and 1 Opm;
Monday -Friday and as needed on the weekends. Several other indoor recreation facilities (north
and east) are also operating in the general vicinity. Because multiple indoor recreation facilities
operate in the area without complaints from the adjacent industrial users, and the proposed hours
of operation are evening and weekends, staff does not anticipate the proposed recreation facility
will conflict with, or have any adverse impacts on, the existing industrial activities.
Specific Use Standards: 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.
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.
Site/Landscape Plan: A site/landscape plan is included in Exhibit A that was approved with the
original Certificate of Zoning Compliance in 2005. No changes to the site are proposed or
approved with the subject application. However, with phase 2, staff is requiring the applicant to
provide additional parking spaces (see analysis in the parking section below).
Access: Access to the site is provided from the two (2) existing driveways on E. Commercial
Drive. This is not changing with the subject application.
Parking: Parking was required with development of the site based on the overall square footage
of the two (2) existing industrial buildings (approximately 13,500 s.f.). A total of 26 spaces are
constructed on the site exceeding the UDC standards of 1 space per 2000 square feet of gross
floor area consistent with the current industrial uses.
There is also an existing gravel storage yard on the east boundary of the rear building that is not
approved for parking. If parking is proposed for this area in the future, it must be designed in
accord with the parking standards set forth in UDC Table 11-3C-5 and approved by the Planning
Division through the CZC and DES process. NOTE: With phase 2 of the project, the building will
be constructed over this area.
As previously mentioned, the applicant is proposing to convert the existing 7500 square foot
warehouse to a more intense commercial use with future plans to expand the facility (5,880
square feet). To address the parking concerns with the first phase, the applicant's narrative
states that most of the youth attending the facility will be dropped off and picked up by
their parents. Because of the staggered hours of operation and the time it may take to get
the establishment up and running, staff believes there is adequate off-street parking to
accommodate the first phase.
Once the business expands and more youth attend the facility, staff has concerns with the
limited amount of parking on the site. Because the use of the property is changing from an
industrial use to a commercial use, staff believes the applicant should construct additional
ACNW Indoor Recreation Facility CUP-14-016 PAGE 4
EXHIBIT A
parking on the site using the commercial parking standards (1 stall per every 500 square
feet of gross floor area). Based on this ratio and the square footage of the proposed building
expansion, the applicant would be required to construct twelve (12) additional parking
stalls with the future building expansion.
Landscaping: Street buffer and parking lot landscaping exists on the site. No changes are
proposed or required with the subject application.
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 at this time, 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 (phase 1) 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 proposed use.
With the future building expansion (phase 2), the applicant is required to obtain CZC and
DES approval from the Planning Division prior to applying for a building permit and any
future site development must comply with the design standards listed in UDC 11-3A-19 and
the guidelines contained in the Meridian Design Manual.
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B.
X. EXHIBITS
A. Drawings
1. Zoning/Aerial Map
2. Existing Site/Landscape Plan
3. Phase II Addition and Floor 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
ACNW Indoor Recreation Facility CUP-14-016 PAGE 5
EXHIBIT A
Exhibit A.1: Zoning/Aerial Map
Vicinity Map °' °Mile
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Legend ,o,a 11ao' ,026 anom sources and is subject to constant mvwon. The City
1025 : 942 a qq of Mandan makes nonarany a guarantor as b the
Area of Impact > —3 content, au y rr,et:ness, or completeness of any of the
991 ; 97a 110 R 97S �qw data pro.ided and as— no legal responsd�lity far the
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EIDIAN
Print Date: 11/202014 1 o A H o
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a r 7 The in. —lion shown on Mu map is mingled 6om
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p • ' of M -dwn makes no wananly or guarantor as b the
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ACNW Indoor Recreation Facility CUP-14-016 PAGE 6
EXHIBIT A
Exhibit A.2: Existing Site/Landscape Plan
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ACNW Indoor Recreation Facility CUP- 14-016 PAGE 7
EXHIBIT A
Exhibit A.3: Phase II Addition and Floor Plan
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ACNW Indoor Recreation Facility CUP-14-016 PAGE 8
EXHIBIT A
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ACNW Indoor Recreation Facility CUP-14-016 PAGE 9
EXHIBIT A
B. Conditions of Approval
1. PLANNING DIVISION
1.1 The applicant shall comply with all previous conditions of approval associated with this site
(CZC-05-103).
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 11-5B-6F.
1.3 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility
for compliance.
1.4 The applicant is not 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. The conditional use permit shall apply to the entire site to allow the
applicant to expand the facility consistent with the proposed phasing plan in Exhibit A.3.
1.5 With the future building expansion (phase 2), the applicant shall apply the commercial
districts parking standards of one space for every 500 square feet of gross floor area in
accord with UDC 11-3C-613.1.
1.6 With the future building expansion (phase 2), the applicant shall obtain certificate of zoning
compliance (CZC) and administrative design review (DES) approval from the Planning
Division prior to applying for a building permit and comply with the design standards listed
in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual.
1.7 The existing gravel storage yard on the east boundary of the rear building is not approved for
parking. Any new parking area must be designed in accord with the parking standards set forth in
UDC Table 11-3C-5 and approved by the Planning Division through the CZC and DES process.
1.8 The applicant shall comply with the applicable specific use standards listed in UDC 11-4-3-2 for
the indoor arts, entertainment and 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
ACNW Indoor Recreation Facility CUP-14-016 PAGE 10
EXHIBIT A
6.1 ACHD has no comments on this application.
7. PARKS DEPARTMENT
7.1 The Parks Department has no comments on this application.
ACNW Indoor Recreation Facility CUP-14-016 PAGE 1 I
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 and development regulations of the I-L district if the applicant
applies the commercial parking standards with the future building expansion. (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. Staff 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.
ACNW Indoor Recreation Facility CUP-14-016 PAGE 12
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.
ACNW Indoor Recreation Facility CUP-14-016 PAGE 13