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Urban Air CUP H-2017-0046CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0046 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 LimitLess Entertainment Boise, LLC Located at 3820 and 3876 E. Lanark Street. Case No(s). H-2017-0046 For the Planning & Zoning Commission Hearing Date of: May 18, 2017 (Findings on June 1, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 18, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 18, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 18, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 18, 2017, 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). H-2017-0046 Page 2 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: 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 May 18, 2017, 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 May 18, 2017 EXHIBIT A H-2017-0046 – Urban Air Page 1 STAFF REPORT Hearing Date: May 18, 2017 TO: Planning & Zoning Commission FROM: Josh Beach, Associate City Planner (208) 884-5533 SUBJECT: H-2017-0046 – Urban Air I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The Applicant, Limitless Entertainment Boise, LLC, is requesting Conditional Use Permit (CUP) approval for the operation of an indoor recreation facility in an existing building in an I-L (Light Industrial) zoning district. 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. The Meridian Planning and Zoning Commission heard this item on May 18, 2017 At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Kent Brown, Suraj Jagannathan ii. In opposition: None iii. Commenting: None 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. Parking for the entire building ii. Other types of uses in the building c. Key Commission Changes to Staff Recommendation: i. None III. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0046 as presented in the staff report for the hearing date of May 18, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2017-0046 as presented during the hearing on May 18, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0046 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 EXHIBIT A H-2017-0046 – Urban Air Page 2 a. Site Address/Location: The site is located at 3820 and 3876 E. Lanark Street in the SW ¼ of Section 9, Township 3N., Range 1E. b. Owner: Volante Investments, LLLP 3084 E. Lanark Street Meridian, ID 83642 c. Applicant/Contact: Kent Brown Planning Services 3161 E. Springwood 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 & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. b. Newspaper notifications published on: April 28, 2017 c. Radius notices mailed to properties within 300 feet on: April 20, 2017 d. Applicant posted notice on site by: May 8, 2017 VI. LAND USE a. Existing Land Use(s): Vacant tenant space in an existing warehouse building. b. Character of Surrounding Area and Adjacent Land Use and Zoning: This area is predominantly developed with light industrial uses. North: Warehouse, zoned I-L West: Warehouse, zoned I-L South: Vacant industrial land, zoned I-L East: Vacant industrial land, zoned I-L c. History of Previous Actions: The City Council approved the preliminary plat (PP-06-055) for Seyam Subdivision on February 6, 2007. The Director approved an 18 month time extension for the preliminary plat on February 4, 2009. In January 26, 2010 City Council approved a final plat for the property. d. Utilities: 1. Public Works: a. Location of sewer: No utilities required, building is currently being served. b. Location of water: No utilities required, building is currently being served. c. Issues or concerns: None EXHIBIT A H-2017-0046 – Urban Air Page 3 e. Physical Features: 1. Canals/Ditches Irrigation: The Evans Drain runs along the northern boundary of the site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property is not within a floodplain. 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 is for an indoor recreation facility, 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.” (2.01.01C) The proposed indoor recreation facility will provide a recreation opportunity for 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.” (2.01.01B) The proposed indoor recreational facility will provide an additional opportunity for physical activity 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.  “Preserve and protect industrial lands for continued industrial use.” (3.06.01I) The proposed use although still within an industrial area, is not an industrial use and will reduce the amount of industrial property available within the city. 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. EXHIBIT A H-2017-0046 – Urban Air Page 4 b. Schedule of Uses in Industrial Districts: UDC Table 11-2C-2 lists the permitted, accessory, and conditional uses in the I-L zoning district. Arts, Entertainment or Recreational Facility, Indoor and Outdoors are a conditional use in the I-L zone with the specific use standards listed in UDC 11-4-3-2 (see Section 9, Analysis, for specific use standards). c. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2C-3 for the I-L zoning district. d. Landscaping 1. Width of street buffer(s): There is an existing approximately 10 feet landscape buffer along E. Lanark Street. This landscape buffer meets the minimum required by the UDC. 2. UDC 11-3B-8C regulates the parking lot standards of the development code (see section 9 below for further analysis). e. Off-Street Parking: UDC 11-3C-6B requires 1 space for every 2000 square feet of gross floor area; a total of approximately 42,000 square foot of building area exists. Based on this amount, 21 parking stalls are required; 91 stall exist on site, and this exceeds the requirements of the UDC. IX. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the proposed CUP request as presented in the staff report, with the following comments: CUP: The applicant is requesting approval to operate an indoor recreation facility from an existing warehouse building. The property is currently zoned I-L (Light Industrial). Per UDC 11- 2C-2, an “Arts, Entertainment or Recreation Facility, Indoors and Outdoors” requires conditional use permit approval in the I-L zone and is subject to specific use standards. Specific Use Standards for Arts, Entertainment or Recreation Facility Indoor or Outdoor per UDC 11-4-3-2: A. General Standards: 1. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard. (Ord. 07-1325, 7-10-2007) The use is indoors, so this is not applicable. 2. No outdoor event or activity center shall be located within fifty feet (50') of any property line and shall operate only between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. The use is indoors, so this is not applicable. 3. 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 applicant is not proposing to operate any of these types of uses as part of their business. 4. Outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker Systems", of this title. The use is operated within a structure and outdoor speakers are not planned as part of the business. EXHIBIT A H-2017-0046 – Urban Air Page 5 B. Additional Standards For Swimming Pools: Any outdoor swimming pool shall be completely enclosed within a six foot (6') nonscalable fence that meets the requirements of the building code in accord with title 10, chapter 1, of this code. The proposed use does not include a swimming pool. C. Additional Standards For Outdoor Stage Or Musical Venue: Any use with a capacity of one hundred (100) seats or more or within one thousand feet (1,000') of a residence or a residential district shall be subject to approval of a conditional use permit. (Ord. 05-1170, 8-30-2005, eff. 9- 15-2005) The proposed use does not include an outdoor music stage, so this standard is not applicable. Development Plans: The scope of work includes conversion of open warehouse and office space into an indoor recreation facility. The proposed facility will be occupying 42,000 square feet of the total approximately 142,800 square foot building. The CUP is necessary to establish the use. Access: Access to the site is taken from N. Gaudians Avenue and from E. Lanark Street, designated as collector roadways. Access to this site is consistent with the requirements set forth in UDC 11-3A-3. No other access points are proposed or approved with this application. Parking: Per UDC 11-3C-6B all industrial districts require one space for every 2,000 square feet of gross floor area. The site is currently developed with a 142,800 square foot warehouse building, of which 42,000 square feet is proposed for the use. Based on the existing and planned square footage the site must provide a minimum of 21 parking stalls. The submitted site provides a total of 91 parking stalls. In addition, per UDC 11-3C-5, the applicant is responsible for providing bike parking on the site. The UDC requires the installation of one bicycle parking space for every 25 proposed vehicle parking stalls. The applicant is required to install four (4) bicycle parking stalls on site. Business Operation: The applicant has indicated that the hours of operation for the business will be Monday-Thursday 3-8PM, Friday-Saturday 10AM-11PM and Sunday 10AM-8PM. The hours of operation are mostly evenings and weekends and will only overlap for two hours with the other business located on the property. The applicant has indicated that the two adjacent businesses are unmanned warehouses, so parking for the facility should not be an issue. Certificate of Zoning Compliance and Design Review: The purpose of a Certificate of Zoning Compliance (CZC) approval is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-5B-1A). To ensure that all of the conditions of approval listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to establishment of the new use. All improvements must be installed prior to occupancy. X. EXHIBITS A. Exhibits 1. Vicinity Map 2. Site Plan B. Conditions of Approval 1. Planning Division EXHIBIT A H-2017-0046 – Urban Air Page 6 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Building Services 7. Sanitary Service Company 8. Ada County Highway District C. Required Findings from Unified Development Code EXHIBIT A H-2017-0046 – Urban Air A. Drawings 1. Vicinity Map EXHIBIT A H-2017-0046 – Urban Air 2. Site Plan EXHIBIT A Boise Slam Basketball Club CUP-14-014 PAGE 2 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 11-5B-6F. 1.3 Per UDC 11-3C-5, the applicant shall provide 4 bicycle parking stalls on site. 1.4 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.5 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 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. EXHIBIT A Boise Slam Basketball Club CUP-14-014 PAGE 3 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 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. Staff 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. Staff 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. Staff 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. Staff 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. 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. EXHIBIT A Exhibit C - 3 - 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 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. Staff finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance.