Gracie Fighting Academy CUP (H-2020-0054) Findings CITY OF MERIDIAN E IDIAN�--
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND 1DAH0
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit for Gracie Fighting Academy,Located at
149 S.Adkins Way, Ste. 103 in the I-L Zoning District,by Ia Falo,FaloMe LLC.
Case No(s).H-2020-0054
For the Planning& Zoning Commission Hearing Date of: June 4,2020(Findings on June 18, 2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of June 4, 2020, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 4,2020, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 4, 2020,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of June 4,2020,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. 11-7 84 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-2020-0054
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7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of June 4, 2020,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 § I I-
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 June 4,2020,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 11-513-6F.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 11-513-617.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.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 June 4, 2020
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2020-0054
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By action of the Planning&Zoning Commission at its regular meeting held on the 18th day of
June ,2020.
COMMISSIONER RYAN FITZGERALD, CHAIRMAN VOTED
COMMISSIONER LISA HOLLAND,VICE CHAIRMAN VOTED AYE
COMMISSIONER RHONDA MCCARVEL VOTED AYE
COMMISSIONER ANDREW SEAL VOTED AYE
COMMISSIONER PATRICIA PITZER VOTED AYE
COMMISSIONER WILLIAM CASSINELLI VOTED
COMMISSIONER NICK GROVE VOTED AYE
Ryan Fitzgerald, Chairman
By Lisa Holland,Vice Chair
Attest:
Chris Johnson,City Clerk
By Adrienne Weatherly, Deputy City 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: Dated: 6-18-2020
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2020-0054
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Exhibit A
STAFF REPORT C: E IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 6/4/2020 Legend R
DATE:
Project Location o
TO: Planning&Zoning Commission _
FROM: Joe Dodson,Associate Planner
208-884-5533
Bruce Freckleton,Development ® '
Services Manager ® __
208-887-2211 i
SUBJECT: H-2020-0054 -- --
Gracie Fighter Academy
LOCATION: 149 S.Adkins Way, Ste. 103
® �
L PROJECT DESCRIPTION
Request for a conditional use permit(CUP) for an Indoor Recreation Facility located within
an existing building on 1.26 acres of land in the I-L zoning district,by FaloMe, LLC
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.26 acres
Future Land Use Designation Industrial
Existing Land Use(s) Commercial
Proposed Land Use(s) Commercial
Lots(#and type;bldg./common) One(1)building lot
Neighborhood meeting date;#of April 23,2020,held virtually;No attendees but applicant
attendees: did receive an email of support from one of the nearby
owners.
History(previous approvals) Existing CUP on site for a Karate Studio in a different
suite(CUP-11-005,CZCV-11-020);A-2015-0088(CZC
for previous tenant,seasoning production).
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B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) Yes,letter stating no conditions or impact fees
• Requires ACHD Commission No
Action(yes/no)
Access(Arterial/Collectors/State Lot has driveway accesses for existing structure;other
Hwy/Loca1)(Existing and Proposed) access is via existing on-street parking.
Existing Road Network Yes
C. Project Area Maps
Future Land Use Map Aerial Map
Legend Legend . ! t I{ 0
Project Location Project Location
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Project Location Project Location
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Meridian City Council Meeting Agenda June 18,2020- Page 76 of 276
III. APPLICANT INFORMATION
A. Applicant:
Ia Falo— 1287 N. Stonehenge Way,Meridian,ID 83642
B. Owner:
Doskeland Survivors Trust— 1193 E.Winding Creek Dr., Ste 101, Eagle,ID 83616
C. Representative:
Stephen Fife,Cushman&Wakefield Pacific—999 W. Main Street, Ste. 1300,Boise, ID 83702
IV. NOTICING
Planning& Zoning City Council
Posting Date Posting Date
Newspaper Notification 5/15/2020
Radius notification mailed to
properties within 300 feet 5/13/2020
Site Posting Date 5/23/2020
NextDoor posting 5/13/2020
V. STAFF ANALYSIS
A. Future Land Use Map Designation(hgps://www.meridiancity.org/compplan)
Industrial Designation—This designation allows a range of uses that support industrial
and commercial activities. Industrial uses may include warehouses, storage units, light
manufacturing, flex, and incidental retail and offices uses. In some cases uses may
include processing, manufacturing, warehouses, storage units, and industrial support
activities. Sample zoning include: I-L and I-H.
The proposed use and other uses within this existing building do not directly fit with the
future land use designation of Industrial. This building houses other commercial uses
already; there have not been traditional industrial uses in this building for years. Staff
does not believe adding an additional commercial user to this site will further diminish
the industrial base in the City because it is proposed within an existing building. Further
analysis is below.
B. Comprehensive Plan Policies(https:llwww.meridianciU.or /g compplan):
"Minimize noise, lighting, and odor disturbances from commercial developments to
residential dwellings by enforcing city code." (5.01.01F). The Applicant is not proposing
any outdoor uses with this application; the recreational activity should occur almost
entirely indoors. In addition, the use is also proposed within an industrial area and the
subject site does not abut any residential properties. It is not ideal for commercial
activities to occur in an industrial zone but locating this business within one helps
minimize any noise, lighting, or odor disturbances to residential dwellings.
"Preserve the industrial base within designated industrial land use areas by discouraging
non-industrial uses and focusing on light manufacturing, distribution, flex-space, and
base-employment." (3.07.01D). The proposed use of recreation facility is not an
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Meridian City Council Meeting Agenda June 18,2020— Page 77 of 276
industrial use and thus does not preserve the industrial base within this land use
designation. However, this building has already been utilized as a commercial building
more than an industrial one due to the existence of another martial arts studio and other
tenants that do not focus on light manufacturing, distribution, etc. Even though this
individual use would likely diminish the industrial base, Staff finds that adding it to an
existing building that houses the same type of recreational facility in a different suite
does not further diminish the industrial base.
"Increase year round recreational programming and activities that encourage education,
health and wellness, community involvement, and multi-sensory play." (4.03.01). This
comprehensive plan policy is most applicable to city operated programming and
recreational activities. However, the activities noted in the policy can also be obtained
via private businesses and the Gracie Fighter Academy can accomplish these goals. The
proposed recreational facility is a jiu jitsu studio;jiu jitsu is known as a full-body and
mind activity that people of all ages can learn and do with proper training. Adding this
type of recreation activity will add an additional use that promotes health and wellness,
self-defense education, and multi-sensory play.
C. Existing Structures/Site Improvements:
The location of the proposed business is within an existing building. All site
improvements are existing and no additional improvements are required. See parking
analysis below for information on parking availability.
D. Proposed Use Analysis:
The proposed use falls under"Arts, entertainment or recreation facility, indoors" in UDC
Table 11-2C-2. This use is a conditional use in the I-L zoning district and also subject to
specific use standards (UDC 11-4-3-2). The Applicant is proposing to lease a tenant
space within an existing building and operate a jiu jitsu academy (a grappling focused
martial art). Staff was provided with their proposed summer schedule that shows the
intended hours of operation for this business. According to this schedule, a vast majority
of the business hours will be during the evening hours, Monday thru Friday, between
Spm and 8pm. The schedule also shows some one-on-one training/instruction at noon
each day. The Applicant intends to have short Saturday morning hours as well with the
last hour (noon— Ipm) being reserved for more of the instruction training.
Within this same building there is another martial arts studio, the Dojo. This business
has similar hours of operation on Monday thru Thursday but with only one Ipm class
that is on Tuesdays and is closed on Fridays. The Dojo also has Saturday morning
classes with 1-hour classes reserved for each age group (juniors, kids, and adult)going
from 9:1 Sam to Noon. As stated above, The Dojo received conditional use permit(CUP)
approval and CZC approval in 2011 for this use related improvements; the CUP
approval did not restrict the operational hours beyond those listed within the specific use
standards.
These types of uses typically have staggered hours of operation that are off-set from other
nearby industrial/commercial uses as is the case for this application. Staff does not
foresee additional impacts by this tenant and proposed use other than additional evening
parking being used. Please see Section H below for parking analysis.
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E. Specific Use Standards(UDC 11-4-3):
Arts, Entertainment or Recreation Facility, Outdoors is subject to specific use standards
as outlined in 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). There is no outdoor recreation use proposed.
There may be incidental noise heard outside if the tenant were to open the roll-up door
for better ventilation. Staff finds this potential to be of minimal impact as all nearby
properties are also zoned I-L.
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. No such outdoor activity is proposed. If the Applicant were
to ever have outdoor activities, the Applicant shall comply with these standards. Staff is
recommending a condition of approval to ensure compliance (see Section VIII.1).
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.Any
accessory use held on this site shall be for the students and the associated instructors.
4. Outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker
Systems", of this title.Applicant shall comply with this and all relevant code sections
upon approval.
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.No swimming pool is
proposed as part of this project.
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). Not applicable to this application.
Staff finds the proposed use to meet all specific use standards.
F. Dimensional Standards(UDC 11-2):
The existing building meets all dimensional standards and specific use standards.
G. Access(UDC 11-3A-3, 11-3H-4):
Access is provided via three (3) driveways and public on-street parking along S. Adkins
Way. Staff and ACHD are not requiring any additional site access.
H. Parking(UDC 11-3C):
The subject site and existing building provide 49 parking stalls. In addition, all nearby
industrial buildings appear to be of smaller scale and house multiple tenants aimed at low
impact uses. There have been no reported issues with parking at this location. The two
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Meridian City Council Meeting Agenda June 18,2020— Page 79 of 276
other known uses within this building appear to have normal operating hours during the
standard work week and show that the proposed hours of operation of this application
will rarely overlap. The two local streets that abut the subject site are at least 35 feet wide
allowing for on street parking on both sides. Staff has calculated approximately 360
linear feet of street frontage that could provide for approximately 15 additional on street
parking spaces.
Therefore, Staff believes the available on-street parking and existing 49 parking stalls is
adequate parking for the proposed use and subject site in its entirety.
I. Sidewalks(UDC 11-3A-17):
There is existing seven-foot(7) attached sidewalks along S. Adkins Way and E. Piper
Court (directly to the north of the subject site). The proposed hours of operation and the
existing sidewalks throughout this industrial subdivision should lend itself to good
pedestrian connection for employees of adjacent businesses that may want to take part in
this recreational activity after their word day has ceased. No additional sidewalks are
proposed; all sidewalks meet UDC Standards.
J. Landscaping(UDC 11-3B):
With the CUP and CZC approval for The Dojo, additional landscaping was required.
There is currently at least a 25-foot landscape buffer along adjacent streets that hold grass
and mature street trees. The additional recreation center use does not require additional
landscaping; the Applicant shall protect all existing landscaping in place.
K. 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 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 proposed use.
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.
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VII. EXHIBITS
A. Site Plan(Aerial image)
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I
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B. Floor plan of Suite 103 (date: 2/12/2020)
I
Open Wall
18' wide x 8'6" High
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& Glass
Open Wall l
18' wide x 8'6" High
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Meridian City Council Meeting Agenda June 18,2020— Page 82 of 276
C. Applicant Narrative
To whom it may concern:
I am a business owner of and professor of Jiu-Jitsu, a martial art discipline.The main purpose of
my business is to provide a self-defense that does not involve striking along with fundamental exercises
and body movement to keep all students safe and healthy.I feel that I would fit well in this building and
area because of the nature of my business and what all the other surrounding businesses are providing.
For instance,there is a Karate school in Suite 101 of 149 Adkins,a Dance school in 195 Adkins and a
CrossFit Gym in 345 Adkins.All of which are providing personal training and fitness to the community.
Our hours of operation are predominately from 5pm-9pm, a time in which most industrial as well as
commercial businesses are closed.Therefore,the traffic produced by our customer base will take place
mostly in non-business hours and will keep the area from being overly congested.Customer parking
should be of no concern as there is ample on-site parking provided on the parcel of 149 Adkins.My
students and I would also have no problem parking out on the street of South Adkins Way or East Piper
Court,given the corner lot nature of the parcel and aloud use of the city street to park on..Regarding
the City of Meridian's code 11-4-3-2,1 will be complying and won't cause any issues because all my
business activities will take place indoors.There is only one other business operating during the time at
which I am operating at on the same property.There would be more than enough room for everyone to
park.With there being two martial arts academies operating at this facility,it would bring an influx of
respect and propriety to the area.Our main hours of operations are from 5pm to 9pm Monday through
Friday and Saturday from 9am to noon.The only time the facility would be used other than those hours
would be for a private lesson which consists of two to three people max.Each private lesson will last for
one hour and is generally scheduled at a time of convenience.I would hope that each business would
feel that we as business owners would provide a variety of services that would help the community as
well as each other.A lot of the businesses in the area around add value to each other since they can be
used to improve and or help one another's clientele.Furthermore,bringing more business to each of the
surrounding businesses causing growth and stability.I thank you for taking the time read this narrative
and hope it finds you well.
Sincerely,
la Falo
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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,including but not limited to the following:
a. Any outdoor activity shall only operate between the hours of six o'clock(6:00)
A.M. and eleven o'clock(11:00) P.M.
b. 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, and not the general public.
c. Any outdoor speaker systems shall comply with section 11-3A-13, "Outdoor
Speaker Systems."
2. The maximum number of allowable clients/students at the facility and staff at any one
time shall be limited to the occupancy determined by Building and Fire Code.
3. 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.
4. The applicant shall comply with all previous conditions of approval associated with
this site.
5. 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.
6. Staff s failure to cite specific ordinance provisions or terms of the approved conditional
use does not relieve the applicant of responsibility for compliance.
B. Ada County Highway District(ACHD)
hygs://weblink.meridianciU.or,g/WebLink/Doc View.aspx?id=187699&dbid=0&r0o=MeridianC
hty
C. Department of Environmental Quality(DEQ)
https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=188168&dbid=O&roo=MeridianC
hty
D. Nampa&Meridian Irrigation District(NMID)
https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=188470&dbid=O&roo=MeridianC
Lty
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E. Idaho Transportation Department(ITD)
https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=188476&dbid=0&repo=MeridianC
iv
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 site meets all the dimensional and development regulations in the I-L zoning district
for the proposed use. Therefore, Staff finds the site is large enough to accommodate the
proposed use.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
Staff finds the proposed indoor recreation facility will be harmonious with the
Comprehensive Plan in that it will not further diminish the industrial base of the city
pursuant to the analysis in Section V.B.
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.
Staff finds the operation of the proposed indoor recreation facility should be compatible
with the other commercial and industrial uses in the area and will not adversely change
the essential character of this industrial subdivision.
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 recreation facility complies with the conditions of approval in Section VII
as required, Staff 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.
The site is part of an existing developed and zoned industrial subdivision. In addition,
these services are already being provided to the existing building where the use is
proposed. Therefore, Staff finds the proposed use will be served adequately by all public
facilities and services.
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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Staff 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.
Due to the offset hours of operation in relation to nearby commercial and industrial uses
and the existence of adequate parking, Staff finds the proposed indoor recreation facility
should not be detrimental to any persons,property, or the general welfare.
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)
Staff is not aware of any such features; the proposed use should not result in damage of
any such features.
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