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PZ - Staff Report Escape Room1 Charlene Way From:Joshua Beach Sent:Thursday, December 28, 2017 11:03 PM To:sammarvin@mac.com; Barbara Shiffer; Bill Parsons; C.Jay Coles; Charlene Way Subject:Escape Room - CUP (H-2017-0155) Attachments:Escape Room CUP H-2017-0155.pdf Attached is the staff report for the proposed conditional use permit for Escape Room H-2017-0155. This item is scheduled to be on the Commission agenda on January 4 th , 2018. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Sam - Please submit any written response you may have to the staff report to the City Clerk’s office (cjcoles@meridiancity.org , mhill@meridiancity.org ) and myself (e-mail or fax) as soon as possible. Josh Beach | Associate City Planner City of Meridian | Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-489-0576 Built for Business, Designed for Living www.opportunitymeridian.org All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. H-2017-0155 – Escape Room Page 1 STAFF REPORT Hearing Date: January 4, 2018 TO: Planning & Zoning Commission FROM: Josh Beach, Associate City Planner (208) 884-5533 SUBJECT: H-2017-0155 – Escape Room I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The Applicant, Samuel Marvin, LMP Enterprises, is requesting Conditional Use Permit (CUP) approval for the operation of an indoor recreation facility in an existing building in an L-O (Limited Office) 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. III. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0155 as presented in the staff report for the hearing date of January 4, 2018, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2017-0155 as presented during the hearing on January 4, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0155 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: The site is located at 2959 S. Meridian Road in the SE ¼ of Section 24, Township 3N., Range 1W. b. Owner: Keybank Trust Unique Assets 601 108th Ave. NE Bellevue, WA 98004 c. Applicant/Contact: Sam Marvin, LMP Enterprises 2959 S. Meridian Road Suite 110 Meridian, ID 83642 d. Applicant's Statement/Justification: Please see applicant’s narrative for this information. H-2017-0155 – Escape Room Page 2 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: December 15, 2017 c. Radius notices mailed to properties within 300 feet on: December 8, 2017 d. Applicant posted notice on site by: December 24, 2017 VI. LAND USE a. Existing Land Use(s): Vacant tenant space in an existing office building. b. Character of Surrounding Area and Adjacent Land Use and Zoning: This area is predominantly developed with light industrial uses. North: Office, zoned L-O West: Single family homes in the Strada Bellissima Subdivision, zoned R-4 South: Office, zoned L-O East: S. Meridian Road and nursery, zoned C-G c. History of Previous Actions: In, 2004, the City Council approved the annexation (AZ-04-028), the preliminary plat (PP-04-038) and conditional use permit (CUP-04-047) for Strada Bellissima Subdivision. In 2005, the City Council approved the final plat for Strada Bellissima Subdivision No.1. 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 e. Physical Features: 1. Canals/Ditches Irrigation: Staff is not aware of any canals/ditches that exist on this property.. 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 The subject property is currently designated “Office” on the Comprehensive Plan Future Land Use Map. The Office designation provides opportunities for low-impact business areas which include offices, technology and resource centers; ancillary commercial uses may be considered. 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): H-2017-0155 – Escape Room Page 3  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 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: 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 office building. The property is currently zoned L-O (Office). Per UDC 11-2C-2, an “Arts, Entertainment or Recreation Facility, Indoors and Outdoors” requires conditional use permit approval in the L-O 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 H-2017-0155 – Escape Room Page 4 playing areas of golf courses, including golf tees, fairways, and greens, ar e 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. 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 office space into an indoor recreation facility. The proposed facility will be occupying a 4,467 square foot building. The CUP is necessary to establish the use. 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 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 4,467 s.f.), a minimum of 10 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. H-2017-0155 – Escape Room Page 5 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 M-W, 1-9, but by appointment only. Th-Sat, from 1:00 pm to 10:00 pm, and closed on Sunday. 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. Exhibits 1. Vicinity Map 2. Site Plan B. Conditions of Approval 1. Planning Division 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 H-2017-0046 – Urban Air A. Drawings 1. Vicinity Map H-2017-0046 – Urban Air 2. Site Plan H-2017-0046 – Urban Air 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 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 “Office.”. 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 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.