Off the Field (H-2019-0112)CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2019-0112
Page 1
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Conditional Use Permit for an Indoor Recreation Facility on 2
Acres of Land in the I-L Zoning District, Located at 2204 E. Lanark St., by Taylor Bateman, Off
the Field, LLC.
Case No(s). H-2019-0112
For the Planning & Zoning Commission Hearing Date of: December 17, 2019 (Findings on January
2, 2020)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 17, 2019, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 17, 2019, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 17,
2019, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 17, 2019, 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
Meridian City Council Meeting Agenda January 2, 2020 – Page 48 of 124
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2019-0112
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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, 2019, 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 approval in accord with the
conditions of approval in the staff report for the hearing date of December 17, 2019, 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, 2019
Meridian City Council Meeting Agenda January 2, 2020 – Page 49 of 124
By action of the Planning & Zoning Commission at its regular meeting held on the 2nd day of
January, 2020.
COMMISSIONER JESSICA PERREAULT, CHAIRMAN VOTED
COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN VOTED-&)—
COMMISSIONER
OTED
COMMISSIONER RHONDA MCCARVEL VOTED
COMMISSIONER ANDREW SEAL VOTED
COMMISSIONER LISA HOLLAND VOTED
COMMISSIONER WILLIAM CASSINELLI VOTED
COMMISSIONER REID OLSEN VOTED
By yan Fi e airman
Q
Attes .
I c O
LV o
By dr e Weatherly, Deputy Clerk
Copy served upon the Applicant, the Planning and Develop`-mTM'Services divisions of the Community
Development Department, the Public Works Department and the City Attorney.
By: l Dated: ' ' ' 9LDQC)
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2019-0112
Page 3
EXHIBIT A
Page 1
HEARING
DATE:
12/19/2019
TO: Planning & Zoning Commission
FROM: Sonya Allen, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0112
Off the Field
LOCATION: 2204 E. Lanark St.
(R5302770031)
I. PROJECT DESCRIPTION
Conditional Use Permit (CUP) for an indoor recreation facility on 2 acres of land in the I-L zoning district.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 2
Future Land Use Designation Industrial
Existing Land Use(s) Indoor entertainment/recreation facility (proposed use is
already operating without CUP approval)
Proposed Land Use(s) Indoor entertainment/recreation facility
Neighborhood meeting date; # of
attendees:
6/19/19; one (1) attendee
History (previous approvals)
B. Community Metrics
Description Details Page
Ada County Highway District
Staff report (yes/no) Yes
Requires ACHD Commission
Action (yes/no)
No
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
One (1) access via E. Lanark St., an industrial collector
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
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C. Project Area Maps
III. APPLICANT INFORMATION
A. Applicant:
Taylor Bateman, Off the Field, LLC – 2204 E. Lanark St., Meridian, ID 83642
B. Owner:
Hollyvale Rental Holdings – 2320 Potosi St., Ste. 130, Las Vegas, NV 89146
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
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C. Representative:
Andrew Davis, BRS Architects – 1010 S. Allante Pl., Ste. 100, Boise, ID 83709
IV. NOTICING
Planning & Zoning
Posting Date
City Council
Posting Date
Newspaper notification
published 11/29/2019
Radius notification mailed to
property owners within 300 feet 11/26/2019
Public hearing notice sign posted
on site 12/9/2019
Nextdoor posting 11/26/2019
V. STAFF ANALYSIS
A. Future Land Use Map (FLUM) Designation (https://www.meridiancity.org/compplan)
General Industrial – The purpose of the General Industrial designation is to allow a range of industrial uses to
support industrial and commercial activities and to develop areas with sufficient urban services. Light
industrial uses may include warehouse, storage units, light manufacturing, and incidental retail and office uses.
Heavy industrial uses may include processing, manufacturing, warehouses, storage units, and industrial support
activities. In all cases, landscaping, and adequate access should be provided.
B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan):
“Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B)
There is existing street buffer and parking lot landscaping on this site.
“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 this property for fire protection.
C. Existing Structures/Site Improvements:
There is an existing 11,268 square foot structure and site improvements on the subject property that were
constructed in 2013 (CZC-13-036; DES-13-036, Performance Systems, Inc.).
D. Proposed Use Analysis:
The proposed use is an athletic performance company that specializes in strength conditioning for professional,
collegiate and high school athletes and is classified as in indoor recreation facility in UDC Table 11-2C-2.
From information provided by the Applicant, the hours of operation will be based on appointment, which could
be 6:00 am to 7:30 pm; during the summer, closing time will be 4:00 pm. There are between 1 and 20 clients
per session depending on the season. The number of clients per day varies on the season but can be anywhere
from 30 to 60 throughout the day. They have 3 full time and 1 part-time employee.
Although the proposed use is not industrial in nature, nor is it consistent with the purpose of the Industrial
FLUM designation, the UDC does allow for such uses in the I-L district with a CUP.
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Note: There is an open code enforcement case on this Applicant for operating this business illegally (i.e.
without an approved CUP). In order to be in compliance, the Applicant must obtain approval of the subject
CUP and obtain a Certificate of Occupancy from the Building Department for the proposed use.
E. Specific Use Standards (UDC 11-4-3):
The proposed use is subject to the specific use standards listed in UDC 11-4-3-2: Arts, Entertainment or
Recreation Facility, as follows:
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. 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. 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.
4. Outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker Systems", of this title.
Not Applicable
B. Additional Standards for Swimming Pools: Any outdoor swimming pool shall be completely enclosed
within a six foot (6') non-scalable fence that meets the requirements of the building code in accord with
title 10, chapter 1, of this code. Not Applicable
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. Not Applicable
F. Dimensional Standards (UDC 11-2):
Not Applicable
G. Access (UDC 11-3A-3, 11-3H-4):
Once (1) access is proposed via E. Lanark Street, an industrial collector street.
H. Parking (UDC 11-3C):
Off-street parking exists on the site in accord with the standards listed in UDC 11-3C-6B.2. In Industrial
districts, the requirement is one (1) space for every 2,000 square feet of gross floor area. Based on the square
footage of the structure (i.e. 11,268), a minimum of 6 spaces are required.
Seventeen (17) off-street parking spaces exist on the site to serve the proposed use; there are additional spaces
for overflow parking along the east side of the building.
I. Sidewalks (UDC 11-3A-17):
Sidewalks are required by the UDC (11-3A-17) along all public streets; detached sidewalks are required along
collector streets. There are no sidewalks along either side of E. Lanark St. in this location. Sidewalks were
not constructed with this development in 1977 when the subdivision (i.e. Locust Grove Industrial Park) was
developed; and not required to be installed in 2013 when this site was developed.
With a conditional use application, the decision making body may prescribe appropriate conditions,
bonds and safeguards in conformity with the UDC that require the provision of on-site or off-site public
facilities or services and/or more restrictive standards than those generally required in the UDC. If the
Commission is of the opinion a sidewalk is necessary for public safety in this location, a condition
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requiring such should be included in Section VIII of this report. Note: Due to the type of use proposed on
this site and the school (Meridian Academy High School) at the east end of Lanark Street it makes some sense
to require a sidewalk; however, unless sidewalks are required on adjacent properties in the future, the
sidewalk would not be continuous.
J. Parkways (UDC 11-3A-17):
There are no parkways.
K. Landscaping (UDC 11-3B):
There is existing street buffer and parking lot landscaping on this site that was constructed in 2013 that appears
to comply with current UDC standards. Because no development, additions to the existing building or site
modifications are proposed, no new landscaping is required.
L. Waterways (UDC 11-3A-6):
The Gruber Lateral runs along the northern boundary of this site.
M. Fencing (UDC 11-3A-6, 11-3A-7):
No changes are proposed to the existing fencing.
N. Utilities (UDC 11-3A-21):
City water and sewer service is provided to this site.
O. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual):
A photo of the existing structure is included in Section VII.C; no changes are proposed to the structure.
VI. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions in Section VIII per the
Findings in Section IX.
B. The Meridian Planning & Zoning Commission heard this item on December 17, 2019. At the
public hearing, the Commission moved to approve the subject CUP request.
1. Summary of the Commission public hearing:
a. In favor:
b. In opposition: None
c. Commenting: None
d. Written testimony: Taylor Bateman, Applicant
e. Staff presenting application: Bill Parsons
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. None
3. Key issue(s) of discussion by Commission:
a. Discussion on neighboring uses and whether or not to require a sidewalk to be
constructed along Lanark St.
4. Commission change(s) to Staff recommendation:
a. The Commission added a condition for a sidewalk to be constructed along the frontage
of the property along E. Lanark St. in the future if a sidewalk is constructed on the
abutting property to the east or west (either one) in the future (see Section VIII.A.3).
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VII. EXHIBITS
A. Site Plan & Floor Plan
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B. Landscape Plan (date: 10/31/2013) Previously approved with CZC-13-036
C. Photo of Existing Building/Site
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning
1. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-2 Arts, Entertainment or
Recreation Facility, Indoors and Outdoors.
2. The Applicant shall obtain a Certificate of Occupancy from the Building Department within 30 days of
approval of the conditional use permit for the subject use.
3. A sidewalk shall be constructed on the frontage of the property along E. Lanark St. in the future if a
sidewalk is constructed on the abutting property to the east or west (either one) in the future.
B. Ada County Highway District (ACHD)
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=179758
C. Department of Environmental Quality
http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=180073
IX. FINDINGS
A. Conditional Use Permit
The Commission shall base its determination on the conditional use permit request upon the following:
1. 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.
The Commission finds the site is large enough to accommodate the proposed use and meets all the dimensional
and development regulations of the I-L zoning district.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the
requirements of this title.
The Commission finds the proposed use is harmonious with the Comprehensive Plan (see Section V for more
information).
3. 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.
The Commission finds the operation of the proposed indoor recreation facility should be compatible with other
uses in the vicinity and the intended character of the area and not adversely affect such.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect
other property in the vicinity.
If the proposed use complies with the condition of approval in Section VII as required, the Commission finds
the proposed use should not adversely affect other properties in the vicinity.
5. 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.
Because the site is within the City’s Area of City Impact boundary and has been annexed into the City and
these services are already being provided to the existing building, the Commission finds the proposed use will
be served adequately by these services continuing to be provided.
6. 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.
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The Commission finds the proposed use should not create any additional costs for public facilities and services
and will not be detrimental to the economic welfare of the community.
7. 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.
The Commission finds the proposed use will not be detrimental to any persons or property or affect the general
welfare by any of the means listed as the proposed use is actually less intense than many uses located in this
area.
8. 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. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
The Commission is unaware of any natural, scenic or historic features of major importance in this area;
however, finds the proposed use should not result in damage of any such features.
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