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2009 02-05~~ivl ~ IDIAN:-- • MERIDIAN PLANNING AND ZONING REGULAR MEETING AGENDA City Council Chambers 33 E. Broadway Avenue, Meridian, Idaho Thursday, February 5, 2009 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " 1. Roll-call Attendance: X Tom O'Brien X Wendy Newton-Huckabay X Michael Rohm X_ Joe Marshall X David Moe -chairman 2. Adoption of the Agenda: Approved 3. Consent Agenda: Approved A. Approve Minutes of January 15, 2009 Planning and Zoning Commission Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 08-031 Request for a Conditional Use Permit to operate an indoor recreation facility (dance studio) from an existing building in an I-L zoning district for Meridian Stars Dance by Cynthia Rodriguez - 195 South Adkins Way: 4. Public Hearing: CUP 08-032 Request for Conditional Use Permit for a residential care facility in an L-O district for Locust Grove Plaza by Ruby/Edwards: Architecture + Design - 1695 S. Locust Grove Road: Approved Meridian Planning and Zoning Commission Meeting Agenda - February 5, 2009 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. AGENDA NAME _. ~-~ BACK TABLE FOR P & Z OR C/C DOOR OF CHAMBERS CLERKS STATION CITY COUNCIL SEATS/ l~Z ~uPS CLERKS WALL CALENDAR REPOST IN LOBBY REFAX WEBSITE WEBLINK E-MAIL REVISED (YES/NO) REVISED DATE: 0 0 0 0, i 1~ ~~ ~~ Initial: Date: Time: E IDIAN~--- IDAHO MERIDIAN PLANNING AND ZONING REGULAR MEETING AGENDA City Council Chambers 33 E. Broadway Avenue, Meridian, Idaho Thursday, February 5, 2009 at 7:00 p.m. `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: Tom O'Brien ~ Wendy Newton-Huckabay _~ Michael Rohm ~ Joe Marshall ~_ David Moe -chairman 2. Adoption of the Agenda: ~ $~ l~~ ~ n~~~~sL•.~(~ ~F (~)~~~ 3. Consent Agenda: ~P~~r~ /-~ ~~ A. Approve Minutes of January 15, 2009 Planning and Zoning Commission Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 08-031 Request for a Conditional Use Permit to operate an indoor recreation facility (dance studio) from an existing building in an I-L zoning district for Meridian Stars Dance by Cynthia Rodriguez - 195 South Adkins Way: 4. Public Hearing: CUP 08-032 Request for Conditional Use Permit for a residential care facility in an L-O district for Locust Grove Plaza by Ruby/Edwards: Architecture + Design -1695 S. Locust Grove Road: Meridian Planning and Zoning Commission Meeting Agenda - February 5, 2009 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • E IDIAN~- MERIDIAN PLANNING AND ZONING I C A REGULAR MEETING AGENDA City Council Chambers 33 E. Broadway Avenue, Meridian, Idaho Thursday, February 5, 2009 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: Tom O'Brien Wendy Newton-Huckabay Michael Rohm Joe Marshall David Moe -chairman 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve Minutes of January 15, 2009 Planning and Zoning Commission Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 08-031 .Request for a Conditional Use Permit to operate an indoor recreation facility (dance studio) from an existing building in an I-L zoning district for Meridian Stars Dance by Cynthia Rodriguez - 195 South Adkins Way: 4. Public Hearing: CUP 08-032 Request for Conditional Use Permit for a residential care facility in an L-O district for Locust Grove Plaza by Ruby/Edwards: Architecture + Design - 1695 S. Locust Grove Road: Meridian Planning and Zoning Commission Meeting Agenda - February 5, 2009 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E IDIAN/- I€~A~~ MERIDIAN PLANNING AND ZONING REGULAR MEETING AGENDA City Council Chambers 33 E. Broadway Avenue, Meridian, Idaho Thursday, February 5, 2009 at 7:00 p.m. `Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: Tom O'Brien Wendy Newton-Huckabay Michael Rohm Joe Marshall David Moe -chairman 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve Minutes of January 15, 2009 Planning and Zoning Commission Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 08-031 .Request for a Conditional Use Permit to operate an indoor recreation facility (dance studio) from an existing building in an I-L zoning district for Meridian Stars Dance by Cynthia Rodriguez - 195 South Adkins Way: 4. Public Hearing: CUP 08-032 Request for Conditional, Use Permit for a residential care facility in an L-O district for Locust Grove Plaza by Ruby/Edwards: Architecture + Design - 1695 S. Locust Grove Road: Meridian Planning and Zoning Commission Meeting Agenda - February 5, 2009 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Broadcast Report Date/Time LocaIID 1 LocaIID 2 This document :Failed (reduced sample and details below} Document size : 8.5"x11 " ~~iYl E IDIAN* MERIDIAN PLANNING AND ZoNiNG i D A ii o REGULAR MEETING AGENDA City Council Chambers 33 E. Broadway Avenue, Meridian, Idaho Thursday, February 5, 2009 at 7:00 p.m. ;4lthough the City of Merldlan no longer requar~s swam testimony, aJ! presentations before the Mayor and City CouncN are expected to be truthful and honest fo best of the ability of the presenter. " 1. Rolf-call Attendance: Tom O'Brien Wendy Nevtrtan-Hudcabay Michael Rohm Joe Marshaq David Moe -chairman 02-02-2009 10:08:46 a.m. Transmit Header Text City of Merldlan Idaho 2088884218 Local Name 1 Line 1 Local Name 2 Line 2 2. Adoption of the Agenda: 3. Consent Agenda: A. Approve Minutes of January 1S, 2009 Planning and Zoning Commission Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP __.____.._._. __._.__. 0&031 Request #or a CondEtionat Use Permit fo opereie an-indQOr recreation facility (dance studio) from an existing building In an 1-L zoning district for McMdlan Stars Dance by Cynthia Rodriguez - 195 South Adkins Way: 4. Public Flearin®: CUP 06-032 Request for Conditional, Use Permit for a residential care facility in an L-0 district for Locust Grove Plaza by Ruby/Edwards: Archifecxure + f]estgn -1695 S. Locust Grove Road: Mer>d~en Piarminp atul Zrndng Commission Nearing Agenda - February 5.2009 Pape 1 oT t AN materials pres~ted at public mee0nge ehetl became properly of the Cky of Markfian. Anyone desMkfg accommodation Tor dieabUitiea related to doeumantsand/or hearing. please corAactthe City park's OfRce of 888.4433 at least 48 hours pAOr to the public meefi~. I Total Paaes Scanned : 1 Total Paaes Confirmed : 18 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 001 978 3810160 09:43:45 a.m. 02-02-2009 00:15:05 011 1 G3 HS FA9600 002 978 9,8989551 09:43:45a.m.02-02-2009 00:00:19 1!1 1 EC HS CP26400 003 978 2088848723 09:43:45a.m.02-02-2009 00:00:15 1/1 1 EC HS CP28800 004 978 9,8886854 09:43:45a.m.02-02-2009 00:00:14 1/1 1 EC HS CP31200 005 978 2088985501 09:43:45a.m.02-02-2009 00:00:15 1/1 1 EC HS CP28800 006 978 9,8467366 09:43:45a.m.02-02-2009 00:00:16 1!1 1 EC HS CP31200 007 978 9,8559560 09:43:45 a.m. 02-02-2009 00:00:28 1/1 1 EC HS CP14400 Broadcast Report "" Date/Time LocaIID 1 LocaIID 2 02-02-2009 10:08:53 a.m. Transmit Header Text City of Meridian Idaho 2088884218 Local Name 1 Line 1 Local Name 2 Line 2 No. Job Remote Station Start Time Duration Pages Line Mode Job Type Results 008 978 208 888 2682 09:43:45 a.m. 02-02-2009 00:00:13 111 1 EC HS CP28800 009 978 2083876393 09:43:45 a.m. 02-02-2009 00:00:12 111 1 EC HS CP28800 010 978 Ada County 09:43:45 a.m. 02-02-2009 00:00:44 111 1 G3 HS CP74400 011 978 9,8885052 09:43:45 a.m. 02-02-2009 00:00:13 1/1 1 EC HS CP28800 012 978 9,8881983 09:43:45 a.m. 02-02-2009 00:00:14 111 1 EC HS CP26400 013 978 2083776449 09:43:45 a.m. 02-02-2009 00:00:28 111 1 EC HS CP14400 014 978 9,4679562 09:43:45 a.m. 02-02-2009 00:00:13 1I1 1 EC HS CP28800 015 978 2088886701 09:43:45 a.m. 02-02-2009 00:00:37 1/1 1 EC HS CP14400 016 978 9,8884022 09:43:45a.m.02-02-2009 00:00:44 1!1 1 EC HS CP14400 017 978 3886924 09:43:45a.m.02-02-2009 00:00:13 1/1 1 EC H5 CP31200 018 978 9,8841159 09:43:45 a.m. 02-02-2009 00:00:14 1 / 1 1 EC HS CP24000 019 978 9,8840744 09:43:45 a.m. 02-02-2009 00:00:14 1 / 1 1 EC HS CP26400 Abbreviations: HS: Host send HR: Host receive WS: Waiting send PL: Polled local MP: Mailbox print TU: Terminated by user PR: Polled remote CP: Completed T5: Terminated by system G3: Group 3 MS: Maiiboxsave FA: Fall RP: Report EC: ErrorCorred • • Meridian Plannino and Zoninct Meeting February 5, 2009 Meeting of the Meridian Planning and Zoning Commission of February 5, 2009, was called to order at 7:00 p.m. by Chairman David Moe. Members Present: Chairman David Moe, Commissioner Joe Marshall, and Commissioner Tom O'Brien, Commissioner Michael Rohm and Commissioner Wendy Newton-Huckabay. Others Present: Ted Baird, Nancy Radford, Sonya Wafters, Scott Steckline and Dean Willis. Item 1: Roll-Call Attendance: Roll-call X Wendy Newton-Huckabay X Tom O'Brien X Michael Rohm -Vice Chairman X Joe Marshall X David Moe -Chairman Moe: Good evening, ladies and gentlemen. Welcome to the regularly scheduled meeting of the Planning and Zoning Commission for Thursday, February the 5th. At this time I'd like to open the meeting and have the clerk call roll, please. Item 2: Adoption of the Agenda: Moe: Next item on the agenda is the adoption of the agenda. But before I do that, you know, if you folks out there, you want to spread out, you got all sorts of room, you know. Feel free, you know. We have got lots of room now. Anyway, on that note there are no changes to the agenda, so if I can get a motion to accept the agenda. O'Brien: So moved. Marshall: Second. Moe: It's been moved and seconded to approve the agenda. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Approve Minutes of January 15, 2009 Planning and Zoning Commission Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 08-031 Request for a Conditional Use Permit to operate an indoor Meridian Planning & Zoning Commission February 5, 2009 Page 2 of 9 recreation facility (dance studio) from an existing building in an I-L zoning district for Meridian Stars Dance by Cynthia Rodriguez - 195 South Adkins Way: Moe: Next item on the agenda is the Consent Agenda. Items on that include both the approval of the meeting minutes for the January 15th Planning and Zoning Commission meeting and the second item is the Findings of Fact and Conclusions of Law for approval of CUP 08-031. Any comments, questions, from the Commission? Newton-Huckabay: I have none. Moe: If there is none, can I get a motion to accept the Consent Agenda? Marshall: So moved. O'Brien: Second. Moe: It's been moved and seconded to approve the Consent Agenda. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Moe: Thank you, Commissioners. Next item on the agenda is the public hearing for CUP 08-032. Before I open that, if you folks have not been to a Planning and Zoning meeting, I'll just give you kind of a rundown. I will open the hearing and staff will give the -- basically, a brief overview of the project. We have all also had time to review the project as well. Once the -- the Planning Department has made their comments and whatnot, I will, then, ask for the applicant to come up and the applicant will have 15 minutes to explain the project and any comments they have to or for of the project and whatnot. There is a sign-up sheet in the back. Once the applicant has finished talking, it will be public testimony time and if you want to speak to the Commission, you can sign up in the back. You have three minutes to make your comments. Once -- not that there is a lot of people here tonight, but once the list is empty I will ask if there is anyone else that would like to speak and, if so, you would have three minutes to speak on behalf of -- however. After that point I will, then, ask the applicant to come back up and give any rebuttal testimony or explain any questions that had been asked early on. Item 4: Public Hearing: CUP 08-032 Request for Conditional Use Permit for a residential care facility in an L-O district for Locust Grove Plaza by Ruby/Edwards: Architecture + Design -1695 S. Locust Grove Road: Moe: So, having said that, I would like to now open the hearing and start with the staff report, please. Wafters: Thank you, Chairman Moe, Members of the Commission. The application before you is a Conditional Use Permit for a residential care facility in an L-O zoning Meridian Planning & Zoning Commission • February 5, 2009 Page 3 of 9 district. The property is located at 1695 South Locust Grove Road on the southwest corner of Locust Grove and Overland. The site is currently vacant. Residential properties exist to the south and west. A gas station, convenience store, to the north and vacant commercial property to the east across Locust Grove Road. This site was annexed in 2007 with an L-O zoning district. A development agreement was approved at that time that restricted the site to office uses only. An amendment to the development agreement was approved by Council on January 13th of this year that allowed for the subject assisted living facility with conditional use approval. The proposed site plan and building elevations comply with those approved with the DA modification. The applicant has submitted a site plan showing a 30,106 square foot, two story, 54 bed assisted living facility to be constructed in two phases. One access point to the site is proposed via Locust Grove at the south end of the site. No access is proposed or approved via Overland Road. The two story building is proposed to be located away from the adjacent residential property boundary next to Locust Grove and Overland Road, with parking at the rear of the structure adjacent to the residential property. The proposed on-site parking meets and exceeds UDC standards. Because there. is a significant slope to this site from the adjacent street toward the residential properties, bollards are proposed at the southwest corner at the bottom of the grade in line with the driveway entrance. An internal pedestrian pathway and a plaza area for the residents are proposed as amenities on the site. When the development agreement modification request was heard by City Council on January 13th, Council requested that staff work with the applicant and neighbors to identify specific landscaping to be planted within the buffer to residential uses to screen the neighbors, as well as not create an enforcement problem for the police department. Staff met with the applicant and based on our discussions the applicant revised the landscape plan and cross-section of the berm. Staff contacted both of the neighbors, Gene Viertel and Bruce Waite, who testified at the Council hearing, for comments on this application. Mr. Viertel and his neighbor Mike Bussert came into the office today to voice concerns about the need for additional landscaping along the top of the berm and an increase in the height of the berm. The submitted landscape plan complies with UDC standards. Across-section of the proposed berm depicts anti-personnel landscaping between the berm and the fence to deter people from loitering in this area in response to concerns of the police department. These are the proposed building elevations for the assisted living facility. Building materials depicted include shake siding in two different colors. Lap siding and belly band, simulated stone veneer and architectural composition roof shingles. Staff is supportive of the proposed elevations, as they comply with UDC standards, design standards and the elevations in the amended development agreement for this site. Written testimony was received from Mike Ball, Sportsman Point Homeowners Association president, Mike Bussert and the applicant, in agreement with the staff report. Staff recommends approval of the Conditional Use Permit with the conditions stated in the staff report. Staff will stand for any questions the Commission may have at this time. Moe: Any questions of staff at the present time? O'Brien: 1 have none. Meridian Planning & Zoning Commission • February 5, 2009 Page 4 of 9 Marshall: My only question would be -- so the parking meets UDC standards. Is that before or after the addition? Wafters: Chairman Moe, Commissioner Marshall, UDC parking standards are met after the addition is constructed. Marshall: Thank you. Wafters: There is no parking proposed within that area that's proposed for future expansion. Moe: Okay. I don't know that I heard you say it, but did the sidewalk get changed to the eight foot wide, as opposed to the five foot? Wafters: Chairman Moe, there is a condition of approval that they provide an eight foot wide sidewalk, yes. From the perimeter sidewalk to the main building entrance. Moe: Okay. Thank you very much. Anything else? Would the applicant like to come forward, please? Halladay: Is it on? Is there a way to turn this on? Okay. Can you hear? O'Brien: I can't hear. Marshall: I can hear him, but I can't hear him over the speaker system. I have to agree. Wafters: Well, you're going to have to speak up, I guess. Halladay: Okay. My name is Scot Halladay. I reside at -- my name is Scott Halladay, I'm the applicant. I reside at 9246 West Rockstone Court, Kuna, Idaho. Thank you for the opportunity to present for this application to the Commissioners. Just wanted to start off that as mentioned in the staff report, this was previously approved for light office and we had the development agreement approved for a light office. If I could have the previously approved building show up on the monitor. This is the building that we previously had approved. Compared to what we have -- what we are proposing now and what the new development agreement has been approved for, we have received a lot of approval that they like the new proposed building a lot better. It's more residential looking. We feel that it's a much better transition from the residential properties that are to the west and south of our proposed project, rather that having the -- what was originally approved. In our neighborhood meetings that we had, the overall feeling was they -- they like this much better. Obviously, they would rather see houses there, but since it's zoned for light office they would rather see an assisted living center that provided a much better transition. When we did meet with the neighbors in the neighborhood meetings, they -- they did like also in the new proposed building it is approximately ten feet shorter. That was one of their concerns in the beginning that the Meridian Planning & Zoning Commissioll~ • February 5, 2009 Page 5 of 9 building was high. The building itself will be sitting about approximately six to eight feet lower than the sidewalk level, so that will also help with the overall height of the building, so it won't seem so large. They also like the idea that there would be less traffic with an assisted living center, rather than a light office complex and also that it would be much quieter during the day and there would be minimal traffic at night, just with staff changes. They did have some concerns. We feel that we have addressed -- we have addressed those with the original approval with the light office building. We had the dumpster right back up against the residential. We have moved that across the parking lot. That was one of the concerns that we feel we have addressed that. We have moved it closer to the building and further away from the residential properties. We have included the landscape berm. We have -- one of their concerns was headlights coming up over into their backyard as people come down into the driveway. So, we have -- we have -- in the cross-section where you saw that the berm will be approximately two feet higher than the level of the parking lot and we are proposing to put landscaping on the top of that to help shield that and that would be evergreen type landscaping, so during the wintertime also those headlights would be blocked. And, then, another concern that was expressed that would be the water drainage with that much area having asphalt and the building structure itself. We have -- that will, obviously, be addressed with our civil engineer and be reviewed by the city's engineering department to make sure that we do retain our water on site. So, we feel that we have -- we have addressed that. We just feel an assisted living facility is a much better transition from -- from residential to the commercial. Obviously, there is commercial across the street, a gas station, and the property to the -- to the east I think is RUT currently, but I'm assuming since it's on a major intersection that when they do propose to develop that it will be commercial. So, we just felt that it would act as a buffer between Sportsmans Point Subdivision over to the commercial area and we just feel that it would be a much better looking facility. We feel that the neighbors that we have met with -- we feel that we have met the best that we can their concerns and that's all I have to present. I will stand for any questions. Moe: As far as the staff report, you're in agreement with the report? Halladay: Yes, we are. Moe: Okay. O'Brien: I have one question. Moe: Okay. O'Brien: Mr. Commissioner. Between the berm and the final fence you're going to have low profile I think shrubberies and things of this nature. A mix of that. Is there going to be lighting going -- shining away from the fence towards the building to help illuminate that -- that area that the police had some concerns with? Meridian Planning & Zoning Commission • February 5, 2009 Page 6 of 9 Halladay: I believe -- and Sonya might need to clarify this, but I believe that the ordinances are that the lighting has to be shining away from residential and that was one of the concerns that they did have is the lighting coming off the facility. So, I don't know that that area back there will be lit. Moe: Okay. O'Brien: I know they have some around the pathways, that low profile. I think they call them barrel or -- Halladay: Yeah. Just a low profile light that -- O'Brien: Yeah. Halladay: -- will be on the pathway to light up the pathway. O'Brien: That would be my only concern about the -- you know, along with the shrubberies, you know, without any kind of lighting there I can see it trying to keep people out, because they'd have to walk through this heavy shrub, but it also provides hiding places. Halladay: Yeah. O'Brien: And I just have a concern about the lighting. Halladay: I guess we have got -- which one we want to address, whether the neighbors will want lights back there or -- O'Brien: Well, I don't know if it's shining away from it, you know, somehow -- low profile lighting, I guess. I don't know. It's just a question. Moe: Any other questions of the applicant? Rohm: I have none. Moe: Thank you very much. Halladay: Thank you. Moe: We have had one sign up, I think it's -- is it Ethan Messer? Okay. From the audience he says he has nothing to add. So, we had the applicant. We have no one else. Commissioners, any comments? Questions? Newton-Huckabay: Mr. Chair? Moe: Commissioner Newton-Huckabay. Meridian Planning & Zoning Commission February 5, 2009 Page 7 of 9 Newton-Huckabay: I just had that -- that two of the resident higher yet again than it is no berm? • one question on timing. Sonya, you made the comment s in the area came in today and asked for the berm to be w. Or does this current landscape plan depict a higher Wafters: Chairman Moe, Commissioner Newton-Huckabay, Commissioners, they came into the office today, they voiced a concern that the proposed two foot berm was not high enough for pickup trucks and SUV vehicles and -- Newton-Huckabay: Wasn't that in an a-mail, too? Wafters: Yes, I believe it was. Newton-Huckabay: Okay. Wafters: They are in the audience tonight if you'd like to -- any -- ask them any additional questions or get their testimony on that. Newton-Huckabay: Okay. Moe: Is there anyone that wants to come up for any testimony? Rohm: Just a comment on that -- Moe: Okay. Rohm: -- Mr. Chairman. You know, generally speaking, I think the assisted living has more of it's traffic throughout the day and people are pretty well settling down in the early evening and I'm not sure that there is going to be a significant impact on the neighborhood as a whole due to vehicular traffic and I think the additional two feet that's in the proposal should meet the needs of the development. That's just my assessment. Moe: Okay. I would agree. Marshall: I personally would have a little bit of a problem trying to raise that. To raise that you're actually going to have to move the parking lot back and it can't move back into the building anymore, because you're already at a two to one slope. Placing anti- personnel landscape bushes in there -- any more of a slope and you're not going to be able to have those plantings back there. I would rather have it a little shallower at the two to one and have anti-personnel plantings back there. Moe: Okay. Well, Commissioners? Rohm: At this time I'd like to just make a motion to close the public hearing on CUP 08- 032. Meridian Planning & Zoning Commission • February 5, 2009 Page 8 of 9 O'Brien: Second. Moe: It's been moved and seconded to close the public hearing on CUP 08-032. All those in favor say aye. Opposed? That motion carries. MOTION CARRIED: ALL AYES. Moe: Again, any other comments from Commissioners or is there time for a motion? Rohm: Okay. Mr. Chairman? Moe: Commissioner Rohm. Rohm: After considering all staff, applicant, and public testimony, I move to approve file number CUP 08-032 as presented in the staff report for the hearing date of February 5th, 2009, with no modifications. Marshall: Second. Moe: It's been moved and seconded to approve CUP 08-032. All those in favor say aye. Opposed. That motion carries. MOTION CARRIED: ALL AYES. Moe: And I, too, think this is much nicer than the other building. Thank you very much. Commissioners, there is only one other item that needs to be done. Newton-Huckabay: Chairman Moe, I'd like to add an item to the agenda. Can I do that? Moe: Yes, you may. I'm not sure whether -- well, I guess we can -- you can sure ask the question, Commissioner Newton-Huckabay. Newton-Huckabay: I want to propose that we go to one meeting per month as the agenda warrants and I'm not sure exactly how we accomplish that, but I'd like to throw it out there. Baird: Mr. Chair? If I could recommend you go ahead and take that adjournment motion and have that discussion off the record, because that would probably be achieved through working with staff. I'm just -- Newton-Huckabay: So, it doesn't have to be official? Baird: At some point it will be official, but without the concurrence of the planning director, the Mayor, you probably want to put it on a future agenda. But I would Meridian Planning & Zoning Commission February 5, 2009 Page 9 of 9 encourage you to talk -- discuss it tonight with the staff that's here and -- but that's probably best made off the record at this point. Moe: Okay. Newton-Huckabay: I move we adjourn. O'Brien: Second. Moe: I have a motion to adjourn. All those in favor say aye. Opposed? That motion barely carried there. MOTION CARRIED: ALL AYES. Moe: We are adjourned at 7:20. MEETING ADJOURNED AT 7:20 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) ~- DAVID MOE -CHAIR AN Da i~ `~ i~ DATE APPROVED ATTEST: Y~11 ~ Q ~ V \e ~ J~XYCEE L. HOL r~ ; o fro ,, .,~~~ ~,~IV1aY , ~~Q • • February 2, 2009 MERIDIAN PLANNING S~ ZONING MEETING February 5, 2009 APPLICANT ITEM NO. 3~A REQUEST Approve Minutes of January 15, 2009 Planning 8~ Zoning Commission Meeting: AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ~~ ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • February 2, 2009 CUP 08-031 MERIDIAN PLANNING 8~ ZONING MEETING February 5, 2009 APPLICANT Cynthia Rodriguez ITEM NO. 3-B REQUEST Findings of Fact & Conclusions of Law for Approval -- Request for a Conditional Use Permit to operate an indoor recreation facility (dance studio) from an existing building in an I-L zone for Meridian Stars Dance -- 195 South Adkins Way AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: COMMENTS See Attached Findings F~~"~` Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF E IDIAN~-' LAW AND I D A H O DECISION & ORDER In the Matter of Conditional Use Permit for the Operation of an Indoor Recreation Facility in the I-L Zoning District, by Cynthia Rodriguez. Case No(s). CUP-08-031 For the Planning and Zoning Commission Hearing Date of: January 15, 2009 (Findings on February 5, 2009 agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of January 15, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 15, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 15, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 15, 2009, 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 August 6, 2002, Resolution No. 02-382 and Maps. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-031 Page 1 • 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 Commission Chair 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. 7. That this approval is subject to the Conditions of Approval in the attached Staff Report for the hearing date of January 15, 2009, 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-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: The applicant's Conditional Use Permit as evidenced by having submitted the Site/Landscape Plan, attached in the Staff Report as Exhibit A.2, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of January 15, 2009, incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. 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 recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-031 Page 2 • 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 plat or 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 maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval 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 15, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-031 Page 3 • • `~~ By action of the Planning & Zoning Commission at its regular meeting held on the day of , 200~~ COMMISSIONER DAVID MOE VOTED (Chair) COMMISSIONER MICHAEL ROHM VOTED COMMISSIONER WENDY NEWTON-HUCKABAY COMMISSIONER TOM O'BRIEN COMMISSIONER JOE MARSHALL DA .~ y OF ~ER/~ ~~, ~~ q ,~ City Eler $~, MOE VOTED VOTED_~ `~~ VOTED ~ ,~$ o Copy served upon Applicant; %~tit! dent, Public Works Department and City ',~~~~~Nrrnn n n~~~~~~~`~~. Attorney. By: Dated: ~` ~ ~9 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-08-031 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARII~ATE OF JANUARY 15, 2009 STAFF REPORT Hearing Date: January 15, 2009 TO: Planning & Zoning Commission E IDIAN~--- FROM: Bill Parsons, Associate City Planner I D A H O (208) 884-5533 SUBJECT: CUP-08-031 -Meridian Stars Dance 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Cynthia Rodriguez, is requesting Conditional Use Permit (CUP) approval of an indoor recreation facility (dance studio) in an I-L zoning district. Per UDC Table 11-2B-2, a Conditional Use Permit is required for an indoor recreation facility. The site houses a 13,160 square foot structure with 8 tenant spaces. Currently there are two tenants who occupy a portion of the building; Watson Automotive and Merry Maids. The applicant intends to lease two of the vacant tenant spaces to operate a dance studio. At this time, the applicant is only proposing interior improvements and change of use; therefore no additional site improvements are required per the UDC. However, in approving any conditional use, the Planning & Zoning Commission may prescribe appropriate conditions, sureties and safeguards that are more restrictive standards than those generally required in the UDC (UDC 11-SB-6D). 2. SUMMARY RECOMMENDATION Staff has provided a detailed analysis of the requested application below. Staff recommends approval of the application, based on the Findings of Fact as listed in Exhibit C and subject to the conditions listed in Exhibit B. The Meridian Planning and Zoning Commission heard this item on January 15. 2009. At the uublic hearing. the Commission voted to approve CUP-08- 031. a. Summary of Commission Public Hearing: i. In favor: Brian McGowan, Cynthia Rodriguez ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Anna Canning vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. The proposed hours of operation for the dance studio. c. Kev Commission Changes to Staff Recommendation: i. The Planning and Zoning Commission did not limit the hours of operation and voted to strike condition 1.2. 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-08- 031, as presented in the staff report for the hearing date of January 15, 2009, with the following modifications to the conditions of approval: (add any proposed modifications). Ifurther move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on February 5, 2009. Denial After considering all Staff, Applicant, and public testimony, I move deny File Number CUP-08-031, Meridian Stars Dance CUP-08-031 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 15, 2009 as presented during the hearing on January 15, 2009, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on February 5, 2009. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- 08-031 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 195 S. Adkins Way (Lot 6, Block 1, Medimont Subdivision No. 1) Northeast % of Section 18, Township 3 North, Range 1 East b. Owner: Dan Frison, Pinnacle Development 1726 E. Stadler Court Eagle, ID 83616 c. Applicant /Contact: Cynthia Rodriguez 195 S. Adkins Way Meridian, ID 83642 d. Present Zoning: I-L (Light Industrial) e. Present Comprehensive Plan Designation: Industrial f. Description of Applicant's Justification for CUP Approval: Taken from the applicant's narrative submitted with the application, "Meridian Stars Dance relocated to 195 S. Adkins Way in August of 2009. This location was offered and presented as a great location for dance studio by realtor and owner of the building. MSD is now requesting s change in use since the building is actually zoned for light industrial. MSD feels it will be a great addition to the area due to its high quality instruction and low impact on the existing neighborhood businesses. MSD is a dance instruction institute for children ages 3 to 18." 5. PROCESS FACTS a. The proposed use is a conditional use as determined by City Ordinance. A public hearing is required before the Planning and Zoning Commission consistent with the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D for a conditional use application. b. Newspaper notifications published on: December 29, 2008 and January 12, 2009 c. Radius notices mailed to properties within 300 feet on: December 19, 2008 d. Applicant posted notice on site by: January 5, 2009 Meridian Stars Dance CUP-08-031 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ ATE OF JANUARY 15, 2009 6. LAND USE a. Existing Land Use(s): The site contains a 13,160 square foot structure that currently houses two additional tenants. b. Description of Character of Surrounding Area: The surrounding properties contain a mix of industrial, commercial, recreational and office uses; zoned I-L. c. Adjacent Land Use and Zoning 1. North: Multi-tenant Building, zoned I-L 2. East: Multi-tenant Building and Machine Shop, zoned I-L 3. South: Multi-tenant Building, zoned I-L 4. West: Vacant Land and Idaho Soccer Center, zoned I-L d. History of Previous Actions: In 1997, this site was annexed and zoned I-L and subject to a Development Agreement (instrument # 97072405). In addition, the property was platted as Medimont Subdivision. In 1998, the Planning Department issued a CZC for an industrial building shell known as Stonebridge Business Park. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Existing building already serviced. Location of water: Existing building already serviced. Issues or concerns: None 2. Vegetation: There is existing landscaping on the site. 3. Floodplain: This site does not lie within the floodplain. 4. Canals/Ditches Irrigation: There are no canals/ditches that traverse this site. 5. Hazards: Staff is unaware, nor has the applicant disclosed, of any hazards that may exist on this site. 6. Lot Size: 0.98 of an acre f. Conditional Use Information: 1. Non-residential square footage: 13,160 square feet; Tenant Space - 3,290 square feet. 2. Proposed Hours of Operation: Monday-Thursday 4:30 pm-8:30 pm g. Off-Street Parking: Off-street parking is provided on the site in accordance with the standards listed in UDC 11-3C-6. 1. Parking spaces required: 7 for the entire site and 2 stalls per the tenant space 2. Parking spaces provided: 44 (including 2 handicap stalls) h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site is provided from S. Adkins Way, a local street. 7. COMMENTS MEETING On December 29, 2008, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Public Works Department, and Sanitary Service Company. Staff has included comments, conditions, and Meridian Stars Dance CUP-08-031 Page 3 CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARI~DATE OF JANUARY 15, 2009 recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Industrial." Per Chapter VII of the Comprehensive Plan, the Industrial land use category "includes areas that are designated to allow a range of industrial uses to support industrial and commercial activities and to develop with sufficient urban services. In light industrial areas, uses may include warehouses, storage units, light manufacturing, and incidental retail and office uses." In the general vicinity an indoor soccer facility is operating which is a similar use as proposed by the applicant. Therefore, Staff finds that the request generally conforms to the stated purpose and intent of the Industrial designation within 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): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the subject property in the following manner: - Sanitary sewer and water service is extended to the project.. - The subject property is within the jurisdiction of the Meridian Fire District. - The subject property is serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Encourage compatible uses to minimize conflicts and maximize use of land. (Chapter VII, Goal IV) Most of the industrial buildings surrounding this site are smaller scale buildings which house multiple tenants that support multiple uses. Therefore, Staff believes that the proposed use should have minimal impacts on traffic generation and off-set business hours should not conflict with other uses in the area. • Chapter N, Goal I, Objective A, Action 6 (page 26) -Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. The subject property lies within the boundaries of the City of Meridian and is provided with City services. Meridian Stars Dance CUP-08-031 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ ATE OF JANUARY 15, 2009 • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action item 5) The landscaping approved on the site is in conformance with the UDC landscaping standards at the time of application approval. • Chapter V, Goal III, Objective D, Action 3 (page 43) -Require all new parking lots to provide landscaping in internal islands. The parking lot and landscaping has already been constructed on this site. Staff believes that the proposed use is consistent with the applicable Comprehensive Plan goals and objectives. 9. UNIFIED DEVELOPMENT CODE (Applicable Sections) a. UDC Table 11-2B-21ists indoor recreation facilities (dance studio) as a "conditional use" use in the I-L zoning district. b. Purpose Statement of Zone: The purpose of the I-L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian comprehensive plan, the I-L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is supportive of the proposed CUP request based on the following comments: Conditional Use Permit (CUP): A CUP is requested for an indoor recreation facility in an I-L zoning district, as required by UDC Table 11-2B-2. If the subject CUP is approved, the site will be subject to the indoor recreation facility standards in UDC 11-4-3-2. Site/Landscape Plan: Asite/landscape plan was submitted for this site (dated 7/02/98 & 12/08, prepared by JGT Architecture & Mike Fairchild, attached as Exhibit A.2) showing the location of the existing building, parking areas, drive aisles, planter islands, and trash enclosure. Existing trees and landscaping are also shown on the plan. Staff previously approved this site for compliance with the approval of a CZC in 1998. Currently, the site does not conform to the current landscape requirements of the UDC and requires a minimum 5-foot wide planter islands ever twelfth parking stall except where parking stalls are adjacent to loading areas in the I-L zoning district. The parking stalls along the north side of the building are deficient of one planter island. Since the applicant is only proposing interior modifications and a change in use, UDC-11-3B-2D requires no additional landscaping on the site. Building Elevations: Photos of the existing building were submitted with this application and are attached in Exhibit A.3 of this staff report. Because the applicant is not proposing any exterior modifications, no changes are recommended to the exterior of the building. Parking: In industrial districts, one off-street parking space is required per 2000 square feet of gross floor area, per UDC 11-3C-6B. Based on the 13,160 square foot facility, 7 parking spaces are required for the site. Forty-four parking spaces are provided (including 2 handicap spaces), Meridian Stars Dance CUP-08-031 Page 5 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARII~DATE OF JANUARY 15, 2009 which exceeds the number required. All stalls on the site comply with the dimensional. standards of the UDC. Hours of Operation: The proposed hours of operation for the dance studio are Monday- Thursday 4:30 pm-8:30 pm. Staff is supportive of the proposed hours of operation and believes the proposed hours will not conflict with other businesses operating on the site. Certificate of Zoning Compliance (CZC): A CZC (Stonebridge Business Park) was approved on July 9, 1998 for the existing building on this site. Anew CZC is required for the change in use of this site from office/warehouse to dance studio, prior to establishment of the new use. 11. EXHIBITS A. Exhibits 1. Vicinity/Zoning Map 2. Site/Landscape Plan (dated: 7/14/98 & 12/08, prepared by JGT & Mike Fairchild) 3. Photos of Existing Building B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Required Conditional Use Permit Findings Meridian Stars Dance CUP-08-031 Page 6 CITY OF MERIDIAN PLANNING ~ARTMENT STAFF REPORT FOR THE HEARIN~i DATE OF JANUARY 15, 2009 A. Drawings 1. Vicinity/Zoning Map Exhibit A CITY OF MERIDIAN PLANNING~ARTMENT STAFF REPORT FOR THE HEARI~DATE OF JANUARY 15, 2009 2. Site/Landscape Plan (dated: 7/14/98, prepared by JGT) NG.OAY. ,..m.NO tL a.K..«r. a.K..NKKNN... a..N:N.~.~.K..NN .~.... __ - eK„ „ K~..,..Ka...,a..~N,. ~K,...a.~ Y•Yr sfyNNat. M`/IIa ~Ka~ i nr rr oao r n.YA.ao ~r _ uar awn, i aaraan.. u a r Trr 'area a•~ow.r far OK A rt oa PYYrMW W~a tar JNUr41YaWra~ bMMr KrY NOTr• Oq ~~ Qj ~A WYY~NMr WK reaa ar aar wK L/trII Qi Mswla avaW.aifwd~ O gwym . Y~y O~~~asesMar KIaKM ~' aa°yiY~rKiYwr~Nw ®~~ +Y+w r.~w arN ~ p~.Y..~...K...~...N~.a ,~SN.Na~Nwwwaw p. ~p~ ~~K r.~. p~ mrK....NarKn 0,,,,,, W o.~' ~~~ ~- ~ ~~. ar rn~.mr,.N. are., .~... ee...rKa„er ~,, ~~.~ ~ '~ ~~ ~~ ~. KeY~, N:w.. .~r:Nea~,a.,.~ ~Kr..e.,~ ~~:~ N~ ,.. .K........a...,,.N ~~~ ~ ~ M ea.LLV. Ya. aw+.NN.e N' ~ ~• Yaarer.o aNaNaaN nu.a. rw NmuoNa ~. ar rn.,.ena NT..~.NeNN..w.ea e. raa~ .aarN.axT.w e,..NK+a .a.N.aT..»n mr ..Nrro W/ wMt. w.oTerse aa~.aao K4L /YYR • OrYMIr-Y IV4ig1¢ ~rara~i MMa WMge~aMaD ~ ONr YaN ~OeWrN lallaalMYlf ~prTMYNr VYi'4 A AT ILYW ~ ~ N• 1laear Oar. r uu aro, w. arw. ~ rK7 • roa+.ww Tw - umes Kra NAN ~aa can Nwew •., AT~~~aaNroa ' r a. uNOaonna xa. AT w-r om w.c ~~~p O TYPICAL ~DlWALK O r Q -3 VJ Z AOgi WAY ~` W btaaa OaMaUOrar aw.r Yrw an+1N.Ynae~e.ln s`~rTenrra Mlr~RNPMNaur wrna~eNKrT .ten roea+~arr ur a. aasr~~ asKa rLAND~AP! RAN - Ni! 4mCTNCAI. ri~a w awwn: ariw ~_ ...N. OPAi. WK i 6 rr~~ Naa1ON w~i~aaaa Maas Mlr arrY~ TY ~~r AT j~8 ~~~ 1 I Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 15, 2009 4. Elevations of Existing Building (dated: 7/18/07, prepared by Tomlinson Designs) '~-_ ri ~ - Exhibit A CITY OF MERIDIAN PLANNING D• RTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY I5, 2009 Exhibit A CITY OF MERIDIAN PLANNING D• RTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 15, 2009 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The submitted site plans dated 07/02/98 and 12/08 are approved with no modifications from the Planning Department. 1.3 The applicant shall submit a Certificate of Zoning Compliance (CZC) application for the change in use of this site from industrial to an indoor recreation facility, prior to establishment of the new use. 1.4 The applicant shall comply with the specific use standards UDC 11-4-3-2 for an indoor recreation facility. 1.5 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. PUBLIC WORKS DEPARTMENT 2.1 The Public Works Department has no concerns with this application. 3. FIRE DEPARTMENT 3.1 Provide a Knox box entry system for the complex prior to occupancy. 3.2 All aspects of the building systems (including exiting systems and emergency systems), processes & storage practices shall be required to comply with the International Fire Code. 3.3 Fire sprinklers shall be relocated to provide adequate coverage per NFPA 13. 4. POLICE DEPARTMENT 4.1 The Police Department did nit provide comments on the subject application. 5. PARKS DEPARTMENT 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICES COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT (NO COMMENTS WERE PROVIDIED) Exhibit B CITY OF MERIDIAN PLANNING D• RTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY 15, 2009 C. Required Conditional Use Permit Findings from UDC 11-SB-6E 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 that the site is large enough to accommodate the proposed use and comply with the dimensional and development regulations of the I-L zoning district. Staff recommends the Commission rely on Staff's analysis and any appropriate public testimony when determining if this 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. The Comprehensive Plan Future Land Use Map designation for this property is I-L. The Commission finds the proposed indoor recreation facility use of the property in the I-L zoning district complies with the I-L designation applicable goals and objectives and the requirements of the UDC. 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 that, if the Applicant complies with the conditions outlined in this report, the proposed use of the property should be compatible with other uses in the general area and with the existing and intended character of the area. Further, the Commission believes that the proposed use will not adversely change the essential character of 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. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission should rely upon any public testimony provided to determine if the development will adversely affect the other property 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 Commission fmds that the subject property is currently served by public facilities such as streets, police, and fire protection. The Commission finds that the proposed use will continue to be served adequately by those facilities and services previously mentioned. 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. The Commission finds the proposed use of the property should not create excessive additional costs for public facilities and services. The Commission finds that the proposed use will not be detrimental to the community's economic welfare. Exhibit C CITY OF MERIDIAN PLANNING D• RTMENT STAFF REPORT FOR THE HEARIN~ATE OF JANUARY I5, 2009 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 does not believe that the proposed use will involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reasons of excessive production of smoke, fumes, glare, or odors. 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. The Commission fmds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Commission's attention. The Commission finds that the proposed use of the property as an indoor recreation facility will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. Exhibit C • CUP 08-032 February 5, 2009 APPLICANT Ruby/Edwards: Architecture + Design ITEM NO. 4 REQUEST Public Hearing -Conditional Use Permit for a residential care facility in an L-O district for Locust Grove Plaza - 1695 S. Locust Grove Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY-PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: COMMENTS See Attached Staff Report No Comment See Attached Comments See Attached Comments INTERMOUNTAIN GAS: OTHER: See Attached Revised Landscape Plan/Sign Posting/No Commenty by ITD D - / Contacted: Date: ~- Phone: ~~ Emailed: ~ ~ tall Initials: _~, Materials p esented at public meetings shall become property of the City of Meridian.