Medimont Martial Art Studio CUP-11-005CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
E IDIAN~
IDAHO
In the Matter of Conditional Use Permit for Medimont Martial Arts Studio, Located at 149 S.
Adkins Way in the I-L zone Zoning District, by Chris Peterson.
Case No(s). CUP-11-005
For the Planning & Zoning Commission Hearing Date of: October 6, 2011 (Findings on October 20,
2011)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 6, 2011, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of October 6, 2011, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 6, 2011,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 6, 2011, 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-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.
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). CUP-11-005
Page 1
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of October 6, 2011, 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:
1. The applicant's request for conditional use permit is hereby approved per the conditions of
approval in the attached staff report for the hearing date of October 6, 2011, 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-SB-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-SB-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-SB-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 maybe 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 maybe 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 maybe 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 October 6, 2011
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-11-005
Page 2
EXHIBIT A
STAFF REPORT
Hearing Date: October 6, 2011 E IDIAN
TO: Planning & Zoning Commission I D A H O
FROM: Bill Parsons, Associate City Planner
(208) 884-5533
SUBJECT: CUP-11-005 -Medimont Martial Art Studio
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Chris Peterson, is requesting Conditional Use Permit (CUP) approval to operate an
indoor recreation facility (martial art studio) from an existing building in an I-L zoning district in
accord with UDC Table 11-2B-2.
2. SUMMARY RECOMMENDATION
Staff recommends approval of the CUP application, based on the Findings of Fact listed in Exhibit C
and subject to the conditions listed in Exhibit B. The Meridian Planning and Zoning Commission
heard this item on October 6, 2011. At the public hearing, the Commission voted to approve
the subiect CUP reauest.
a. Summary of Commission Public Hearing:
i. In favor: Chris Peterson
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Pete Friedman
vi. Other staff commenting on application: None
b. Kev Issues of Discussion by Commission:
i. None
c. Kev Commission Changes to Staff Recommendation:
i. None
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-11-
005, as presented in the staff report for the hearing date of October 6, 2011, 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 October 20, 2011.
Denial
After considering all Staff, Applicant, and public testimony, I move deny File Number CUP-11-005,
as presented during the hearing on October 6, 2011, 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 October 20, 2011.
Medimont Martial Art Studio CUP-11-005 Page 1
By action of the Planning & Zoning Commission at its regular meeting held on the QL~ day of
~DG~
COMMISSIONER SCOTT FREEMAN
(Chairman)
COMMISSIONER MICHAEL ROHM
COMMISSIONER TOM O'BRIEN
COMMISSIONER JOE MARSHALL
COMMISSIONER STEVEN YEARSLEY
VOTED__1 `~
VOTED
VOTED__ ~~~~
VOTED
reeman, Chairman
Attest:
Jaycee Holman, City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-I 1-005
Page 3
EXHIBIT A
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP-
11-005 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:
The subject property is located at 149 S. Adkins Way in the northeast '/ of the NE'/ of Section
18, Township 3 North, Range 1 East.
B. Owner(s):
Roald and Ginger Doskeland Family Trust
577 S. Moon Beam Way
Eagle, ID 83616
C. Applicant:
Chris Peterson
Forge, LLC
11762 W. Alcott Street
Boise, ID 83709
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
5. PROCESS FACTS
a. The subject application is for a conditional use permit. A public hearing is required before the
Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5
b. Newspaper notifications published on: September 29, and October 3, 2011
c. Radius notices mailed to properties within 300 feet on: September 8, 2011
d. Applicant posted notice on site by: September 23, 2011
6. LAND USE
A. Existing Land Use(s) and Zoning: The site contains a 15,120 square foot multi-tenant industrial
building, zoned I-L.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding properties
contain a mix of industrial, commercial, indoor recreation and office uses; zoned I-L.
1. North: Multi-tenant Building, zoned I-L
2. East: Multi-tenant Buildings, zoned I-L
3. South: Multi-tenant Building, zoned I-L
4. West: Idaho Soccer Center, zoned I-L
Medimont Martial Art Studio CUP-11-005 Page 2
EXHIBIT A
C. 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 1999, the Planning Department issued a CZC (CZC-99-036) for an
industrial building shell known as Stonebridge Business Park Building #5.
D. Utilities:
1. Public Works:
a. Location of sewer: NA
b. Location of water: NA
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
Flood Plain: This property is not within the floodplain.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map designates the subject property as "Industrial." Per
Chapter 3 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."
Staff is aware of three (3) other indoor recreation facilities operating in the area and is unaware of any
conflicts with the other uses in the area. Typically, these types of uses have staggering business hours
that are off-set from other uses in the area as is the case with this applicant. Therefore, Staff believes
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):
• Encourage compatible uses to minimize conflicts and maximize use of land. (Chapter 3, page )
Most of the industrial buildings surrounding this site are smaller in scale and appear to be
designed to house multiple low-impact tenants. In addition, three (3) other buildings in the
area house other indoor recreation uses. Therefore, Staff believes that the proposed use
should have minimal impacts on traffic generation and the staggered business hours should
minimize any conflicts that may occur with this use.
• Permit new development only where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City (Chapter 3, page 45).
The site is already connected to City services. The change of use will not impact the services
being provided to this site.
Require all commercial and industrial businesses to install and maintain landscaping."
(Chapter 2, page 14)
The landscaping approved on the site appears to be well maintained in accord with UDC 11-
3E-13. In addition, the change in use does require the installation of additional landscaping.
Medimont Martial Art Studio CUP-11-005 Page 3
EXHIBIT A
Staff believes that the proposed use is consistent with the applicable Comprehensive Plan goals and
objectives.
8. UNIFIED DEVELOPMENT CODE
a. 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.
b. UDC Table 11-2B-21ists indoor recreation facilities (martial arts studio) as a "conditional use"
use in the I-L zoning district.
9. 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): The applicant proposes to lease a 2,520 square foot tenant space
from an existing 15,210 square foot multi-tenant industrial building to operate an indoor
recreation facility. Conditional use permit approval is required to operate an indoor recreation
facility in the I-L district, per table 11-2C-2 subject to specific use standards listed in UDC 11-4-
3-2. Staff has reviewed these standards and finds the proposed use does not conflict with any of
these standards.
The applicant states that class sizes are to range from 12 to 14 students and the hours of operation
for the proposed use is to occur between 5 pm and 9:30 pm Monday through Friday and 9:30 am
to 3:00 pm on Saturdays. In the future, the applicant may offer additional classes from 11 am to
1 pm during the week.
Staff has visited the site. It appears the two (2) other businesses operating from the site have
limited staff and the site has ample parking to accommodate the proposed use. Because a majority
of the classes are to occur in the evening and on weekends, Staff is supportive of the hours of
operation the applicant is proposing and does not believe a restriction should be placed on the
operating hours for the proposed use.
The existing site plan, landscape plan and building elevations were approved with a previous
certificate of zoning compliance application (see Exhibit A.2 and A.3). Because the applicant is
only proposing a change use and no exterior modifications are proposed with the subject
application; there are no other additional UDC requirements other than compliance with the
specific use standards mentioned above. However, the applicant is required to submit an
application for Certificate of Zoning Compliance Verification (CZCV) application prior to
commencing the indoor recreation facility use.
10. EXHIBITS
A. Exhibits
1. Vicinity/Zoning Map
2. Approved Site and Landscape Plans
3. Approved Building Elevations
B. Conditions of Approval
1. Planning Department
2. Public Works Department
Medimont Martial Art Studio CUP-11-005 Page 4
EXHIBIT A
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Required Conditional Use Permit Findings
Medimont Martial Art Studio CUP-11-005 Page 5
EXHIBIT A
A. Drawings
1. Vicinity/Zoning Map
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EXHIBIT A
2. Approved Site and Landscape Plans
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EXHIBIT A
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The submitted site plan, landscape plan and building elevations were approved by the Planning
Department with CZC-99-036.Other than the change of use, no other site, landscape or building
modifications are approved with the subject application. The applicant shall comply with all
previous approvals issued for this site.
1.2 The applicant shall submit a Certificate of Zoning Compliance Verification (CZCV) application
for the change in use of the tenant space from flex space to an indoor recreation facility, prior to
commencing the new use.
1.3 The applicant shall comply with the specific use standards in accord UDC 11-4-3-2 for the indoor
recreation facility.
1.4 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 business has not begun within two (2)
years 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 as set forth in International Fire
Code Section 506.
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 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns with this application.
5. PARKS DEPARTMENT
5.1 The Parks Department has no concerns with this application.
6. SANITARY SERVICES COMPANY
6.1 SSC has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 ACRD has no site specific conditions related to this application. All other standards conditions of
approval apply.
Exhibit B - 1 -
EXHIBIT A
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 as indicated with the
approval of the CZC in 1999.
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 relied upon
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 finds 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 - 1 -
EXHIBIT A
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 finds 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 a fitness facility will not result in the
destruction, loss or damage of any natural, scenic, or historic feature of major importance.
Exhibit C - 2 -