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PZ - Staff Report - REV 12/14Shine Bright CUP H-2015-0030 PAGE 1 STAFF REPORT Hearing Date: December 17, 2015 TO: Planning and Zoning Commission FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2015-0030 Shine Bright-CUP I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant is requesting conditional use permit (CUP) approval to operate a 2,100 square foot indoor arts, entertainment and recreation facility on 0.408 acres of land in the L-O zoning district. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed conditional use permit application with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015- 0030 as presented in the staff report for the hearing date of December 17, 2015 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0030 as presented during the hearing on December 17, 2015 for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2015-0030 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 A. Site Address/Location (Parcel #R8186120490): The subject property is located at 2825 S. Meridian Road, north of Victory Road. B. Owner(s): 1099, LLC – Russell Hunemiller 151 W. Galvani Drive Meridian, ID 83642 C. Representative: Richard Evans - Pride, LLC 150 W. Galvani Drive Shine Bright CUP H-2015-0030 PAGE 2 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 and Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 30, and December 14, 2015 C. Radius notices mailed to properties within 300 feet on: November 19, 2015 D. Applicant posted notice on site by: December 7, 2015 VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property is commercial property, zoned L-O. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The area surrounding this property is developed with commercial businesses (retail, professional services), zoned L-O, as well as a church to the north, zoned C-G. C. History of Previous Actions: In 2004, the property received annexation (AZ-04-028), preliminary plat (PP-04-038), and conditional use permit (CUP-04-047) approval for the Strada Bellissima Subdivision. The subject property also received CZC and DES approval in 2014 for the site and building (CZC-14-084, and DES-14-084). D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer service currently exists to the subject parcel. b. Location of water: Water service currently exists to the subject parcel. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is currently designated “Low-Density Residential” on the Comprehensive Plan Future Land Use Map. When this property was annexed, the Strada Bellisma development was granted a use exemption for professional offices establishing the L-O zoning designation which 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 comprehensive plan allows the developer (at the discretion of City Council), to request an office use if the property only has frontage on an arterial street or section line road and is three acres or less Shine Bright CUP H-2015-0030 PAGE 3 in size. The applicant is proposing to develop an indoor recreation facility which is acceptable in the Low- Density Residential designation and an allowed use in the L-O zoning district. Therefore, Staff believes the property will develop in a fashion consistent with the Comprehensive Plan. 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. (2.01.01C). The proposed indoor recreation facility is located within walking distance of several residential neighborhoods to the west of the site. • “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) There are existing street buffers on this site along S. Meridian Road and W. Maestra Street and adjacent to the residences in accord with UDC Table 11-2B-3. • “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. • “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) The proposed indoor arts, entertainment and recreation facility is located near retail stores, and other professional service uses. The proposed recreation facility will provide a variety to the uses in the area. For the above-stated reasons, staff is of the opinion the proposed development 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. B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the L-O zoning district. The proposed indoor arts, entertainment and recreation use is a conditionally permitted use in the L-O zone subject to the specific use standards set forth in UDC 11-4-3-2. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests approval to operate a dance/fitness studio in a 2,001 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 Shine Bright CUP H-2015-0030 PAGE 4 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 W. Maestra Street and from W. Galvani Drive. No new accesses are proposed. Direct access to S. Meridian Road is prohibited. Parking: Based on the overall square footage of the building (approximately 2,100 s.f.), a minimum of 5 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 or required with the subject application . 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 application 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 1. Vicinity Map 2. Proposed Site Plan (dated: 10/08/15) 3. Existing Building Elevations (dated: 06/24/14) B. Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Republic Services Company 6. Parks Department C. Required Findings from Unified Development Code Shine Bright CUP H-2015-0030 PAGE 5 Exhibit A.1: Vicinity Map Shine Bright CUP H-2015-0030 PAGE 6 Exhibit A.2: Proposed Site/Landscape Plan (dated: 10/08/15) Shine Bright CUP H-2015-0030 PAGE 7 Exhibit A.3: Proposed Building Elevations (dated: 10/08/15) Shine Bright CUP H-2015-0030 PAGE 8 B. Conditions of Approval 1. PLANNING DIVISION 1.1 The applicant shall comply with all previous conditions of approval associated with this site (CZC-14-098). 1.2 The applicant shall comply with the applicable specific use standards listed in UDC 11-4-3-2 for indoor arts, entertainment and recreation facility. 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 herein. 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.1.4 Staff’s failure to cite specific ordinance provisions 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 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 application 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 concerns with this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns with this application. 5. REPUBLIC SERVICES 5.1 The Republic Services has no concerns with this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no concerns with this application. Shine Bright CUP H-2015-0030 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. Staff finds that the subject property is large enough to accommodate the proposed development which complies with the dimensional and 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. Staff finds that the proposed development is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of “Low density Residential granted through a use exception 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. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed development 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. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed development 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. Staff finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently provided to the subject property. Services will not change with the development of the site. 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. Staff 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. Shine Bright CUP H-2015-0030 PAGE 15 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. Staff finds the operation of this 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. Staff finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, staff finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance.