Loading...
FindingsCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-15-004 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND 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 Heather Neitzell, Located at 535 N. Locust Grove Road. Case No(s). CUP-15-004 For the Planning and Zoning Commission Hearing Date of: April 2, 2015 (Findings on April 16, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 2, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 2, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 2, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 2, 2015, 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-15-004 Page 2 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of April 2, 2015, 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 April 2, 2015, 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 11-5B-6F.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 April 2, 2015 By action of the Planning&Zoning Commission at its regular meeting held on the its day of APy-k‘ , 2015. COMMISSIONER STEVEN YEARSLEY, CHAIRMAN VOTED / k- c -i i COMMISSIONER PATRICK OLIVER,VICE CHAIRMAN VOTED A.4 e COMMISSIONER RHONDA MCCARVEL VOTED Ay E. COMMISSIONER RYAN FITZGERALD VOTED Cly e_ COMMISSIONER GREGORY WILSON VOTED AbSexl\— t "41 airman C iucr -CON( SAO) ectir-%k€ ¢�.tyD AUGLJ 4 Attest: -1-20 �Goy O� c<<y of Jay ee olma , a° t5,1 cE Copy served upon the Applicant,the Planning and Development Services Divisions of the Community Development Department,the Public Works Department and the City Attorney. B -1111111/0.--mos ` Dated: I City Cl- k'. • c` CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). CUP-15-004 Page 3 EXHIBIT A Meridian Martial Arts - CUP-15-004 PAGE 1 STAFF REPORT HEARING DATE: April 2, 2015 TO: Planning and Zoning Commission FROM: Bill Parsons, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: CUP-15-004 – Meridian Martial Arts I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant has applied for a conditional use permit (CUP) for an indoor recreation facility (martial art studio) in an I-L zoning district. 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 April 2, 2015. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Jim Neitzell 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-15- 004 as presented in the staff report for the hearing date of April 2, 2015, with the following modifications: (Add any proposed modifications.) I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on April 16, 2015. Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-15-004 as presented during the hearing on April 2, 2015, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number CUP-15-004 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) EXHIBIT A Meridian Martial Arts - CUP-15-004 PAGE 2 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the southwest corner of N. Locust Grove Road and E. Commercial Drive, in the NE ¼ of the SE ¼ of Section 7, Township 3 North, Range 1 East B. Owner(s): Walt Morrow PO Box 770 Meridian, ID 83680 C. Applicant: Heather Neitzell 535 N. Locust Grove Road, Suite #120 Meridian, ID 83646 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 and Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: March 16, and 30, 2015 C. Radius notices mailed to properties within 300 feet on: March 12, 2015 D. Applicant posted notice on site by: March 23, 2015 VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property is industrial in nature and is in the I-L zoning district. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded developed industrial properties, zoned I-L. C. History of Previous Actions: In 2005, a certificate of zoning compliance (CZC-05-059) was approved for the construction of a 16,000 square foot multi-tenant industrial building. In 2012, the Commission approved a conditional use permit (CUP-12-011) for the same use in the same tenant space however, the previous applicant never commenced the use; therefore the previous CUP has expired. D. Utilities: 1. Public Works: a. Location of sewer: Existing service connected to E Commercial Dr. b. Location of water: Existing service connected to E Commercial Dr. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA EXHIBIT A Meridian Martial Arts - CUP-15-004 PAGE 3 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Industrial” on the Comprehensive Plan Future Land Use Map. 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 warehouse, storage units, light manufacturing, and incidental retail and office uses. Heavy industrial uses may include processing, manufacturing, warehouses, storage units, and industrial support activities. In all cases, screening, landscaping, and adequate access should be provided. The proposed use of the site for a martial art studio is not a typical industrial use (more commercial); however, the UDC classifies the proposed use as an indoor recreation facility and as such requires conditional use approval in the I-L district. 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) There are existing landscaped street buffers on this site along N. Locust Grove Road and E. Commercial Drive. Additionally, perimeter landscaping was provided along the western boundary. Because the applicant is not expanding the building on the property; no additional landscaping is required. • “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. • “Provide opportunities for physical activities.” (2.01.01B) The proposed indoor recreation facility will provide physical opportunities for youth in the area. For the above-stated reasons, staff is of the opinion 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 (martial arts studio) 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. EXHIBIT A Meridian Martial Arts - CUP-15-004 PAGE 4 IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Conditional use permit (CUP): The applicant requests approval to operate a martial arts studio from an existing building in the I-L zoning district. The proposed use is classified as “indoor arts, entertainment or recreation facility” in the UDC which requires conditional use approval in the I- L district. The applicant is proposing to occupy a 4,000 square foot tenant space in an existing 16,000 square foot industrial building. 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 hours of operation are proposed to be from 2:00pm - 9:00pm Monday- Friday and 8:30am - 2:30pm on Saturday and the typically class size is between 4-12 students. Because multiple indoor recreation facilities operate in the area without complaints from the adjacent industrial users, and the proposed hours of operation are late afternoon and weekends, Staff does not anticipate the proposed recreation facility will conflict with, or have any adverse impacts on, the existing industrial activities. 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. Currently, the site does not meet the parking lot landscaping standards set forth in UDC 11-3B-8C. Because the applicant is proposing to occupy an existing tenant space, additional landscaping is not required per the applicability section set forth in UDC 11-3B-2. However, Staff is recommending the applicant to provide additional parking spaces because of the commercial nature of the proposed use (see analysis in the parking section below ). Parking: Parking was required with development of the site based on the industrial nature of the existing industrial building (approximately 16,000 s.f.). A total of 29 parking spaces are constructed on the site exceeding the UDC standards of 1 space per 2000 square feet of gross floor area consistent with the I-L zoning district. In the past, the property has had parking issues due to the types of uses (lawn care business and vehicle rental) occurring on the property. Further, the use of this property is changing from more industrial type uses to more commercial uses. To ensure the site is adequately parked, Staff is recommending the applicant restripe the existing twenty-nine (29) parking stalls on the east boundary and add additional parallel parking stalls along the north, south and west boundary as follows: North boundary: add four (4) parallel parking stalls dimensioned 9’ X 23’; South boundary: add three (3) parallel parking stalls dimensioned 9’ X 23’; and West boundary: add eleven (11) parallel parking stalls dimensioned 9’ X 23’ With the additional of the parking stalls as recommended, the parking ratio on the site would align with the commercial parking standards (1 stall per every 500 square feet of gross floor area) mitigating Staff’s parking concerns with the change of use. The parking lot must be restriped prior to the issuance of the certificate of occupancy. Staff is recommending the new parking plan be reviewed and approved with a CZC application. EXHIBIT A Meridian Martial Arts - CUP-15-004 PAGE 5 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: Because the applicant is proposing a change of use and staff is recommending additional parking for the site, the applicant must submit a certificate of zoning compliance application for review and approval by the Planning Division prior to the issuance of the final occupancy permit as follows: 1) Change of use for the indoor recreation use; and 2) Approval of the new parking plan as noted in the parking analysis section above. Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Site/Landscape Plan B. Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Republic Services Company 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code EXHIBIT A Meridian Martial Arts - CUP-15-004 PAGE 6 Exhibit A.1: Vicinity Map E Lanark St E King St N S t o n e h e n g e W a y E Commercial St N N o l a R d N B a l t i c P l N A d k i n s A v e E Commercial Dr N R a l s t i n S t E Ashford St N C a t h y L n E Idaho Ave E Winslow StN C a t h y A v e E Shellbrook Dr N E 6 t h S t S A d k i n s W a y E Sothesby St E Buchman Ct S B a l t i c A v e N R a l s t i n P l N W e b b A v e N K i l l d a r e P l N M a c h i n e A v e E Shellbrook Dr N N o l a R d E Shellbrook Dr E Sothesby St E Pine Ave E Franklin Rd N L o c u s t G r o v e R d I-L R-8 C-G C-G R1 R1 C-G RUT RUT RUT R-4 L-O RUT R-40 L-O M1 I-L L-O R6 R-40 R-40 R1 C-G R-15 R-40 R-15 C-G O-T C2 C-N O-T O-T O-T E Commercial Dr N R a l s t i n S t N L o c u s t G r o v e R d 586 1535 1471 1433 1530 575 EXHIBIT A Meridian Martial Arts - CUP-15-004 PAGE 7 Exhibit A.2: Site/Landscape Plan EXHIBIT A Meridian Martial Arts - CUP-15-004 PAGE 8 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with all previous conditions of approval associated with this site (CZC-05-059). 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 or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.4 The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 1.5 Prior to the issuance of the certificate of occupancy, the applicant must submit a certificate of zoning compliance application ($173.00 fee) for the following: a. To establish the indoor recreation use; and b. approval of the new parking plan as follows: • restripe the existing twenty-nine (29) parking stalls on the east boundary; • add four (4) parallel parking stalls dimensioned 9’ X 23’ on the north boundary; • add three (3) parallel parking stalls dimensioned 9’ X 23’on the south boundary; and • add eleven (11) parallel parking stalls dimensioned 9’ X 23’ on the west boundary. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 The Fire Department has no concerns with this application. 4. POLICE DEPARTMENT 4.1 The Police Department supports the Planning Division’s recommendation for additional parking on the site. 5. REPUBLIC SERVICES 5.1 Republic Services has no concerns with this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 It has been determined that ACHD has no site specific conditions of approval for this application at this time due to the fact that all improvements exist abutting the site. There is no impact fees due for this application and an ACHD inspection is not required. 7. PARKS DEPARTMENT 7.1 The Parks Department did not submit comments on this application. EXHIBIT A Meridian Martial Arts - CUP-15-004 PAGE 9 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 if the applicant adds additional parking on the site (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 because of the off-setting hours of operation. 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. EXHIBIT A Meridian Martial Arts - CUP-15-004 PAGE 10 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.