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Escape Room H-2017-0155Exhibit A 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. The Meridian Planning and Zoning Commission heard this item on January 4, 2018 At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Casey Richmond ii. In opposition: None iii. Commenting: Michelle Marvin iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. Parking for the business 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- 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.) CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0155 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 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 January 4, 2018, 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 January 4, 2018 IN By motion of the Planning & Zoning Commission at its regular meeting held on the day of SC,I L)6.e , 2017. l' COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED COMMISSIONER RYAN FITZGERALD, VOTED COMMISSIONER STEVEN YEARSLEY VOTED COMMISSIONER GREGORY WILSON VOTED COMMISSIONER LISA HOLLAND VOTED Y66 COMMISSIONER WILLIAM CASSINELLI VOTED COMMISSIONER JESSICA PERREAULT, U,'6,i 41'y VOTED 1 Qo�P,�EO AUGUST' ,90� z Rho 4a McCarvel Chairman Attest: C. ay Coles, itA Clerk Copy served upon the Applicant, the Planning and Development Services Divisions of the Community Development Department, the Public Works Department and the City Attorney. By:0100 1 o— Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0155 Page 3 Exhibit A H-2017-0155 – Escape Room Page 3 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):  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 Exhibit A H-2017-0155 – Escape Room Page 4 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 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. 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. Exhibit A H-2017-0155 – Escape Room Page 5 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. 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 Exhibit A H-2017-0046 – Urban Air A. Drawings 1. Vicinity Map Exhibit A H-2017-0046 – Urban Air 2. Site Plan Exhibit A 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 extensi on 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 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.