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Shine Bright CUP-H-2015-0030CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0030 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 arts, entertainment and recreation facility on 0.408 acres of land in the L-O zoning district , located at 2825 S. Meridian Road, by Pam Gaines, NeuDesign Architecture. Case No(s). H-2015-0030 For the Planning & Zoning Commission Hearing Date of: December 17, 2015 (Findings on January 7, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 17, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 17, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 17, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 17, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0030 Page 2 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 December 17, 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 conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of December 17, 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 December 17, 2015 EXHIBIT A Shine 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. The Meridian Planning and Zoning Commission heard this item on December 17, 2015. At the public hearing, the Commission voted to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Pam Gaines ii. In opposition: None iii. Commenting: Pam Gaines iv. Written testimony: None v. Staff presenting application: Josh Beach 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 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.) EXHIBIT A Shine Bright CUP H-2015-0030 PAGE 2 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 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 EXHIBIT A Shine Bright CUP H-2015-0030 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 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 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. EXHIBIT A Shine Bright CUP H-2015-0030 PAGE 4 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 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 10:00 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 EXHIBIT A Shine Bright CUP H-2015-0030 PAGE 5 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 EXHIBIT A Shine Bright CUP H-2015-0030 PAGE 6 Exhibit A.1: Vicinity Map EXHIBIT A Shine Bright CUP H-2015-0030 PAGE 7 Exhibit A.2: Proposed Site/Landscape Plan (dated: 10/08/15) EXHIBIT A Shine Bright CUP H-2015-0030 PAGE 8 Exhibit A.3: Proposed Building Elevations (dated: 10/08/15) EXHIBIT A Shine Bright CUP H-2015-0030 PAGE 9 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. EXHIBIT A Shine Bright CUP H-2015-0030 PAGE 10 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. Commission 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. Commission 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. Commission 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. Commission 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. Commission 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. 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 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. Commission 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. Commission finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, Commission finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance.