Z - Signed Findings Item 2. F48
CITY OF MERIDIAN E IDIAN:==-
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND ! ❑A P
DECISION& ORDER
In the Matter of the Request for a conditional use for Rock and Armor Fitness,located at 1649 E.
Pine Avenue in the I-L Zoning District,by Matt Garner of Architecture Northwest.
Case No(s).File H-2020-0076
For the Planning& Zoning Commission Hearing Date of: August 6,2020 (Findings on August 20,
2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of August 6, 2020, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of August 6,2020, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of August 6,2020,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of August 6,2020, 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. 11-784 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-2020-0076
Page 1
Item 2. F
9
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of August 6,2020, 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 § 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 is hereby approved in accord with the conditions of
approval in the staff report for the hearing date of August 6,2020,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 11-513-617.1.
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 August 6 ,2020
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2020-0076
Page 2
Item 2. 50
By action of the Planning&Zoning Commission at its regular meeting held on the 20th day
of August ,2020.
COMMISSIONER RYAN FITZGERALD, CHAIRMAN VOTED
COMMISSIONER LISA HOLLAND,VICE CHAIRMAN VOTED
COMMISSIONER RHONDA MCCARVEL VOTED
COMMISSIONER ANDREW SEAL VOTED
COMMISSIONER PATRICIA PITZER VOTED
COMMISSIONER WILLIAM CASSINELLI VOTED
COMMISSIONER NICK GROVE VOTED
Ryan Fitzgerald, Chairman
Attest:
Chris Johnson, 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: 8/20/2020
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2020-0076
Page 3
irem2. EXHIBIT A ■
STAFF REPORT C� fE RIDIANn-=-
COMMUNITY DEVELOPMENT DEPARTMENT A H O
HEARING 8/6/2020 Legend
DATE:
��Proje o' Lc�fl iron
TO: Planning&Zoning Commission
FROM: Alan Tiefenbach,Associate Planner x
r ,
208-489-0573
SUBJECT: H-2020-0076
Rock and Armor Fitness CUP
LOCATION: 1649 E. Pine Avenue
IT
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I. PROJECT DESCRIPTION
The Applicant has submitted an application for a conditional use permit to allow a 15,314 sf fitness
and training center(Arts,Entertainment and Recreation Facility), along with a 3,600 square foot
outdoor turf training and warm-up area. The subject property is in the I-L zone district and consists of
two lots totaling 1.8 acres.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.8 acres
Future Land Use Designation General Industrial
Existing Land Use(s) Vacant
Proposed Land Use(s) Arts,Entertainment and Recreation Facility
Lots(#and type;bldg./common) Two(2)building lots
Neighborhood meeting date;#of May 21,2020
attendees:
History(previous approvals) Nola Subdivision Preliminary—Final Plat PFP 04-008
Pagel
Item 2. ■
B. Community Metrics
Description Details Page
Ada County Highway District No comments submitted
Access(Arterial/Collectors/State Primary access will occur from existing access off E.Pine
Hwy/Local)(Existing and Proposed) Avenue,secondary access will occur via internal drive
aisle behind existing daycare to east at 1771 E.Pine Ave.
and to N.Nola Rd.
Existing Road Network Yes
Fire Service No comments submitted
Wastewater
• Distance to Sewer N/A
Services
• Sewer Shed Five Mile Trunkshed
• Estimated Project Sewer See application
ERU's
• WRRF Declining Balance 13.97
• Project Consistent with Yes
WW Master Plan/Facility
Plan
• Comments • Additional 591 gpd of flow has been committed.
• No proposed changes to public sewer infrastructure is shown within
record.Any changes or modifications to the public sewer infrastructure
shall be reviewed and approved by Public Works.
Water
• Distance to Water Services 0
• Pressure Zone 3
• Estimated Project Water See application
ERU's
• Water Quality No concerns
• Project Consistent with Yes
Water Master Plan
• Impacts/Concerns • No new public water infrastructure proposed in this record.
• There are two existing water stubs at the northern boundary that either
need to be used or abandoned.
Page 2
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Item 2. 54
III. APPLICANT INFORMATION
A. Applicant:
Matt Garner,Architecture Northwest—224 16th Ave South,Nampa,ID 83651
B. Owner:
Timothy Williams— 1902 W. Mountain Man Dr.,Meridian,ID 83646
C. Representative:
Matt Garner,Architecture Northwest—224 16th Ave South,Nampa, ID 83651
IV. NOTICING
Planning&Zoning City Council
Posting Date Posting Date
Newspaper Notification 7/17/2020
Radius notification mailed to 7/14/2020
properties within 300 feet
Site Posting Date 7/24/2020
NextDoor posting 7/14/2020
V. STAFF ANALYSIS
A. Future Land Use Map Designation(https:llwww.meridiancitE.or /g compplan)
General Industrial-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.
The subject site is already zoned Light Industrial(I-L). The proposed use is not one that is
described specifically by the general industrial category of the Future Land Use Map. However,
the present zoning allows an indoor recreation facility by conditional use. The proposed fitness
center is a use determined to be appropriate in this zone district, subject to the specific use
standards listed in UDC 11-4-3-2.
B. Comprehensive Plan Policies (https://www.meridiancity.or /�pplan):
Goals, Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be
applicable to this application and apply to the proposed use of this property(staff analysis in
italics):
• Encourage infill development. (3.03.01E)
The Comprehensive Plan defines infill as "development on vacant parcels, or
redevelopment of existing parcels to a higher and better use that is surrounded by
developed property within the City of Meridian." The subject property is a vacant lot
surrounded by existing development on all sides. This includes a daycare to the east,
trucking company to the south, research and development uses across E. Pine Ave. and
Page 4
Item 2. 55
residential at the northwest quadrant of the E. Pine Ave IN. Locust Grove intersection.
The property has available water and sewer. This project would be considered infill
development.
Preserve private property rights and values by enforcing regulations that will prevent and
mitigate against incompatible and detrimental neighboring uses. (3.05.01 C)
The conditional use is a process to ensure any impacts associated with a particular use
are mitigated.All uses directly adjacent to the subject property are commercial.
• Require appropriate building design, and landscaping elements to buffer, screen,beautify,
and integrate commercial, multifamily, and parking lots into existing neighborhoods.
(5.01.02D)
Building design and landscaping will be reviewed as part of the Certificate of Zoning
Compliance(CZC) and administrative design review that would follow this proposal if it
were approved.
C. Existing Structures/Site Improvements:
The subject property is presently vacant. The 25'landscape buffers that are required along E.
Pine Ave. and N. Locust Grove Rd. were already installed with the infrastructure improvements
required of the Nola Subdivision as were the required sidewalks.
D. Proposed Use Analysis:
The proposed use is a sports performance center for training and physical therapy. It specializes
in strength conditioning and rehabilitation for athletes and is classified in UDC Table 11-2C-2 as
an indoor recreation facility. This facility is not a "drop-in fitness center. Classes and personal
sessions will operate by appointment only between 8:00 A.M. and 6:00 P.M. Outdoor training on
the turf field will occur during the warmer months of May-November.
The subject property is within the light industrial(I-L)zone district. This zone district is intended
to provide for convenient employment centers of light manufacturing, research and development,
warehousing, and distributing. The proposed use is not one of the uses described above.
However, indoor and outdoor recreation facilities are allowed in the I-L zone district by
conditional use. The proposed use complies with the zoning for the site but is subject to specific
use standards as listed in I1-4-3-2.
E. Specific Use Standards (UDC 11-4-3):
An `Arts, Entertainment or Recreation Facility, Indoors and Outdoors"is subject to specific use
standards as outlined in UDC 11-4-3-2. These standards include all outdoor recreation areas
that are not fully enclosed maintaining a minimum setback of one hundred feet(100)from any
abutting residential districts and outdoor activities only being allowed between six o'clock(6:00)
A.M. and eleven o'clock(11:00)P.M. The subject property is surrounded by commercial and
light industrial zoning, and the establishment only operates between 8:00 A.M. and 6:00 P.M.
F. Dimensional Standards(UDC 11-2):
Dimensional standards in the Light Industrial District(I-L) include street setbacks of 35 ,
arterial landscape buffers of 25 , 25'buffers to residential uses and a maximum building height
of 50'. The proposed fitness and training center meets all dimensional standards.
Page 5
Item 2. ■
G. Access(UDC 11-3A-3, 11-3H-4):
The subject property is located at the southeast quadrant of E. Pine Ave. and N. Locust Grove
Rd., both arterial roads. The primary access will be from an existing shared driveway off E. Pine
Street approximately 300 feet back from the intersection on E. Pine Street. There is a second
(internal) access to the site from N. Nola Rd at the east, along the south side (rear) of the existing
daycare at 1771 E. Pine Avenue. The plat does not reflect a cross access easement between the
subject property and 1771 E. Pine 4venue to N. Nola Rd. Staff recommends a condition of
approval that an access easement be recorded and reflected on the site plan at time of CZC.
This proposal was referred to ACHD, who estimated a total trip generation of 53 peak hour trips
per day.ACHD did anticipate any decrease in level of service. There were no additional
comments from ACHD.
H. Parking(UDC 11-3C):
The subject property is within the Light Industrial(I-L)zone district. Per UDC 11-3C-6B-2,
parking in industrial districts is based on one (1)parking space per 2,000 square feet of gross
floor area. However, the proposed use is a commercial use, not an industrial use. UDC 11-3C-2
allows the City to require a greater number of spaces in any application involving a conditional
use permit. Based on the commercial parking standards of one (1)space per 500 sf of gross floor
area, this use would require 31 parking spaces and 2 bicycle spaces. The site plan indicates 53
parking spaces and 5 bicycle spaces. 4s is required by UDC 11-3C-5, all internal 2-way drive
aisles are at least 25'in width.
I. Sidewalks(UDC 11-3A-17)
Sidewalks were constructed with the subdivision. This includes a 7'attached sidewalk along both
E. Pine Ave. and N. Locust Grove Rd.frontages.
J. Parkways
No parkways are proposed with this expansion.
K. Landscaping(UDC 11-3B):
UDC 11-2C-3 requires landscape buffers of a minimum width of 25'along arterial streets. These
buffers (and 7'sidewalk) were installed per conditions of the Nola Subdivision Plat that was
approved in 2005. The applicant will be required to landscape the parking lot per UDC 11-3B-8
including 5'wide landscape buffers adjacent to parking, loading and driveways, and landscape
islands required for any parking lot with more than 12 spaces. The conceptual landscape plan
submitted with this conditional use does appear to meet the requirements.
Staff notes there are a number of trees in the required landscape buffers that appear to be dead
or dying. This has been addressed in the "Tree Mitigation"section of the proposed landscape
plan. Staff is recommending dead or dying trees be replaced as a condition of approval.
L. Fencing(UDC 11-3A-6, I1-3A-7):
Existing vinyl fencing is located along the eastern property lines (adjacent to the daycare) and
there is existing chain link fence to the south (surrounding the trucking business). This fencing
will be retained. The applicant has not shown any other fencing.4ny additional fencing would be
required to comply with the fence standards in the UDC 11-3A-7.
Page 6
Item 2. ■
M. Utilities
All utilities for the proposed development are already in place. No additional services are
needed.
N. Building Elevations
The applicant submitted conceptual elevations with this conditional use application. The
elevations indicate a pre-engineered metal building connected to a smaller hand framed
structure with stucco interior.
The proposed elevations will be reviewed in detail at the time of Certificate of Zoning
Compliance(CZC). However, there does appear to be several elements that might not meet the
standards of the Architectural Standards Manual. The narrative and elevations call out metal
siding whereas the ASM states untextured concrete panels and prefabricated steel panels are
prohibited as field materials for building fagades, except when used with a minimum of two other
qualifying field materials. The northern elevation (fronting E. Pine Ave) has a roofline that does
not meet the requirements for buildings with rooflines 50 feet in length or greater incorporating
roofline and parapet variations. (The southern roofline also does not meet these requirements but
backs to the trucking company and is not visible). Specifics of the architecture will be reviewed
and discussed at time of CZC and DES submittal; it is possible the applicant will need to request
a design exception or comply with UDC and ASM design standards.
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 August 6, 2020. At the public
hearing,the Commission moved to approve the sul iect conditional use uest.
1. Summary of the Commission public hearing:
a. In favor: Matt Garner,Applicant,Timothy Williams, Owner
b. In opposition:None
c. Commenting: Matt Garner and Timothy Williams
d. Written testimony:None
e. Staff presenting application: Alan Tiefenbach
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. The Planning Commission discussed the issue of industrial properties being developed
for non-industrial uses.
Page 7
Item 2. ■
b. The Planning Commission discussed whether the applicant's architect could make the
architecture of the north and west sides more consistent. Matt Garner said he would
work with staff on this during time of CZC.
4. Commission change(s)to Staff recommendation:
a. Commission removed Condition 3.a as the City cannot condition this proposal on an
adjacent property owner providing access easements.
b. Commission revised Condition 3.b. to read"Cross access easements will be recorded
and shown on the site plan with instrument number that provide access from E. Pine
Avenue across the subject property and to 1771 E. Pine Avenue.
Page 8
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C. Conceptual Elevations(date: 6/5/2022)
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Item 2. 62
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning
1. A Certificate of Zoning Compliance and administrative design review application is required to
be submitted to the Planning Division and approved prior to submittal of building permit
applications. The applicant will either meet all architectural requirements of the Architectural
Standards Manual(ASM)or apply for a design exception as part of the CZC submittal.
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.
3. The site plan prepared by Architecture Northwest,dated July 27, 2020, is approved as submitted
with the following modifications:
a. A er-ess aeeess easement will be r-eeer-ded and shown an the site plan with instniffient
number-noted that pr-evides aeeess from N.Nola Rd aer-ess the south side
b. A Cross access easements will be recorded and shown on the site plan with
instrument number that provides access from E. Pine Avenue across the subject
property and to 1771 E. Pine Avenue.
4. The landscape plan prepared by Rodney Evans+Partners, dated July 27, 2020 is approved as
submitted:
5. Parking requirements associated with the indoor/outdoor recreation facility shall comply with the
commercial parking standards; 1 per 500 square feet of gross floor area.
6. Prior to issuance of Certificate of Occupancy,the applicant shall replace all dead or dying trees
that are within the 25' wide landscape buffers adjacent to E. Pine Avenue and N. Locust Grove
Road.
7. The Applicant shall comply with all bulk,use, and development standards of the applicable
district listed in UDC Chapter 2 District regulations.
8. The Applicant shall comply with the outdoor service and equipment area standards as set forth in
UDC 11-3A-12.
9. The Applicant shall comply with the structure and site design standards as set forth in UDC 11-
3A-19 and the Architectural Standards Manual.
10. The applicant shall comply with standards and installation for landscaping as set forth in UDC
11-313-5 and maintenance thereof as set forth in UDC 11-313-13.
11. The Applicant shall provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with
the location and design standards as set forth in UDC 11-3C-5C.
12. The conditional use approval shall become null and void unless otherwise approved by the City if
the applicant fails to 1) commence the use, satisfy the requirements, acquire building permits and
commence construction within two years as set forth in UDC 11-5B-6F1; or 2)obtain approval of
a time extension as set forth in UDC 11-5B-6F4.
Page 12
Item 2. 63
B. Public Works
1. No proposed changes to public sewer infrastructure has been shown within record.Any changes
or modifications to the public sewer infrastructure shall be reviewed and approved by Public
Works.
2. There are two existing water stubs at the northern boundary that either need to be used or
abandoned per Meridian Public Works Standards.
C. ADA COUNTY HIGHWAY DISTRICT(ACHD)
https:llweblink.meridiancily.org WWebLinkIDocView.aspx?id=192428&dbid=0&repo=MeridianC
Lty-
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 dimensional and development regulations in the I-L zoning district. The site
already contains landscape buffers,parking is adequate, and the parking area will be landscaped
as required by UDC 11-3B-8. Commission 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.
Commission finds the proposed Arts, Entertainment and Recreation Facility will be harmonious
with the Comprehensive Plan per the analysis in Section V of this staff report.
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 subject site is within an industrially-zoned area. Directly south of the site is a trucking
company. East of the property is an existing daycare.Across E. Pine Avenue to the north is
research and development and office uses, with similar uses across N. Locust Grove Rd. to the
west including auto body repair. The site will be adequately landscaped, and architecture will be
required to meet the Architectural Design Manual(ASM) at time of Certificate of Zoning
Compliance(CZC). The business will only operate between 8:00 A.M. to 6:00 P.M. and any
training in the outdoor area will take place during this same time. Commission finds the
proposed use should not change the character nature of the area as there is a mix of uses
developed or developing in the area.
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 Arts, Entertainment and Recreation Facility complies with the conditions of
approval in Section VIII and UDC 11-4-3-2 as required, Commission finds the proposed use
should not adversely affect other properties in the vicinity.
Page 13
Item 2. 64
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 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.
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.
This proposal is for an Arts, Entertainment and Recreation Facility, by appointment only, in an
area zoned for light industrial. The use would be surrounded by office and light industrial uses,
as well as an existing daycare to the east. The proposed facility is appropriate in this location.
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)
Commission is unaware of any natural, scenic, or historic features on this site; thus, Commission
finds the proposed use should not result in damage of any such features.
Page 14