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Rise Volleyball CUP 12-009CITY OF MERIDIAN ~ IDIAN~-- FINDINGS OF FACT, CONCLUSIONS OF LAW j j ~I ~ AND 1 D A H 0 DECISION & ORDER In the Matter of the Request for Conditional Use Permit for an Indoor Recreation Facility in an I-L Zoning District for Rise Volleyball, Located at 1900 E. Lanark Street, by Loren Anderson. Case No(s). CUP-12-009 For the Planning & Zoning Commission Hearing Date of: October 4, 2012 (Findings on October 18, 2012) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 4, 2012, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 4, 2012, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 4, 2012, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 4, 2012, 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-12-009 Page 1 That this approval is subject to the conditions of approval in the attached staff report for the hearing date of October 4, 2012, 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 a conditional use permit is hereby conditionally approved per the conditions of approval in the attached staff report for the hearing date of October 4, 2012, 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 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 October 4, 2012 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-12-009 Page 2 B action of the Planning & Zoning Commission at its regular meeting held on the '~~ day of y -~Z~_, 2012. COMMISSIONER SCOTT FREEMAN, CHAIRMAN COMMISSIONER STEVEN YEARSLEY, VICE CHAIRMAN COMMISSIONER MICHAEL ROHM COMMISSIONER TOM O'BRIEN COMMISSIONER JOE MARSHALL VOTED_ ~ `~~ VOTED~~-eX,~" VOTED_ ~L!~ VOTED~~, VOTED~CL, r' Gw ~ / ;_. Scott Freeman, Chalrman` j Attest: ~--~' l`,~ r,~ G~~-e~~~,Q.e. Jaycee Holman, City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. Go~o~~sDnt,~G~~ By; Dated: ~~ a'a' l City Clerk's ffice ~,p ~+G~yaf ~ ~-/Yl E IDIAN "~ IDANO 0 n~ S}iQj ~~ yrF ~.... +a. ~~~ Ia~+de 7tFAS~4ey CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-12-009 Page 3 EXHIBIT A STAFF REPORT Hearing Date: October 4, 2012 /~ TO: Planning & Zoning Commission E ~DTAN FROM: Sonya Wafters, Associate City Planner i d A H; O 208-884-5533 SUBJECT: CUP-12-009 -Rise Volleyball I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Loren Anderson, has applied for a conditional use permit (CUP) for an indoor recreation facility in an I-L zoning district for Rise Volleyball. See Section IXAnalysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning and Zoning Commission heard this item on October 4, 2012. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Loren Anderson ii. In opposition: None iii. Commenting: None iv. Written testimony: Shannon Brandt v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. None c. Key Commission Changes to Staff Recommendation: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP-12- 009 as presented in the staff report for the hearing date of October 4, 2012, with the following modifications: (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 18, 2012. Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP-12-009 as presented during the hearing on October 4, 2012, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number CUP-12-009 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Rise Volleyball CUP-12-009 PAGE 1 EXHIBIT A IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 1900 E. Lanark Street, in the SW '/a of Section 8, Township 3 North, Range 1 East B. Owner(s): Ken Fernandez 1849 E. Commercial Street Meridian, ID 83642 C. Applicant: Loren Anderson 2107 N. 32"d Street Boise, ID 83703 D. Representative: Shannon Brandt, DK Commercial 1880 S. Cobalt Point Way, Ste. 200 Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. 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 17, and October 1, 2012 C. Radius notices mailed to properties within 300 feet on: September 13, 2012 D. Applicant posted notice on site by: September 24, 2012 VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property is industrial in nature and is in the I-L zoning district. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by I- L zoned industrial property. C. History of Previous Actions: NA D. Utilities: 1. Public Works: a. Location of sewer: Connected to E Lanark St. b. Location of water: Connected to E Lanark St. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA Rise Volleyball CUP-12-009 PAGE 2 EXHIBIT A 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Industrial" on the Comprehensive Plan Future Land Use Map. This designation allows a range of industrial uses to support industrial and commercial activities and to develop areas with sufficient urban services. Light industrial uses may include warehouse, storage units, light manufacturing, and incidental retail and office uses. Heavy industrial uses may include processing, manufacturing, warehouses, storage units, and industrial support activities. In all cases, screening, landscaping, and adequate access should be provided. The proposed use of the site for a club volleyball training facility is not a typical industrial use; however, the UDC classifies the proposed use as an indoor recreation facility and as such requires conditional use approval in the I-L district. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • "Require all commercial and industrial businesses to install and maintain landscaping." There is an existing landscaped street buffer on this site along E. Lanark Street. • "Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection." There is adequate water supply and pressure available to the site for fire protection. • "Develop indoor/outdoor multiple-use facilities (i.e., recreation center, fairgrounds, etc.) for a variety of recreational, educational, cultural, and sports purposes and uses." The existing warehouse building will provide an indoor practice facility for club volleyball that will be centrally located within the community. For the above-stated reasons and because of the large size and openness of a building needed for an indoor volleyball practice facility, staff is of the opinion the proposed use is appropriate in this location. VIII. 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. Schedule of Use: Unified Development Code (UDC) 11-2C-2 lists the permitted, accessory, conditional, and prohibited uses in the I-L zoning district. The proposed indoor recreation facility (volleyball training facility) is listed as a conditional use in the I-L district. The specific use standards listed in UDC 11-4-3-2 apply to the proposed use. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2C-3 for the I-L zoning district apply to development of this site. Rise Volleyball CUP-12-009 PAGE 3 EXHIBIT A IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests approval of an indoor club volleyball practice facility in an existing building in the I-L zoning district. The proposed use is classified as "indoor arts, entertainment or recreation facility" in the UDC which requires conditional use approval in the I-L district. The building size is 11,520 square feet. An interior wall that separates the warehouse into two areas is proposed to be removed to accommodate the entire court; no exterior modifications to the building are proposed. There are specific use standards listed in UDC 11-4-3-2 which apply to the proposed use. These standards pertain to outdoor facilities, accessory uses, swimming pools, outdoor stages, and music venues, none of which is proposed. Therefore, the proposed use is in compliance with these standards. The hours of operation are proposed to be from 4 pm to 10 pm Monday thru Friday. There will be approximately 24 players practicing in the facility on a rotational basis with 7 coaches. Access to the site is provided via E. Lanark Street. Parking and street buffer landscaping exist on the site. The applicant is required to obtain approval of a Certificate of Zoning Compliance application for the proposed use prior to issuance of building permits and/or Certificate of Occupancy. Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Site/Landscape Plan 3. Photos of Building B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code Rise Volleyball CUP-12-009 PAGE 4 EXHIBIT A Exhibit A.l : Vicinity Map sno Cv1~ lnao ~(~_~~;~ ~ ~ I^~ ~ 1a1o nao lean ~ ~. 1--L--~- a51) i.~_ • a +ti ~rPa 763 760 ~ a °' ~ ~ ~ ~~ ~ ~--~ ~ a , ~1 ~ R ~. ~~l1805 ~ ,~":? 963 ~ 7tIU --- - -- ` ~ m __ ~ ~ '^ 6d5 650 a 2701 649 bra °w~ ~.~ 975 -- ~ t -- _ _ w ilt _~ I i ` __ 1380 575 I 1530 ~ 1868 ~ti ~O~ 2070 2188 .~hb~ ti~~~ hwo •„ .._ELonrrrerc4l.St ~.•\ - - -- 586 - - _ ,p 1235 ~ ~ '~' ~ ~ ~ ~ ~ ~ ~ "' n a or « n u, ro 2435 280~~ 1620 ~ ~~~ ~ -- ~. r ~f27~ I ~ w ~ j 2120 ~ 2250 2640 250 ~ i ( ~~ • ~.,t....~~.~ J..m,...~..~..~.~..._,...~._.m.._.a..__..®_.nmm...~ _..~_,_._.~.~., ~ ~~~~~--~ 2675 1300 2311 ~ 100 b $ vni ~ ~ n ~ 2251 ~ 1450 r ~ ^i N ~ 2950 ~ 98 ~ ~ 2134 1 120 a a ~ , 1620 '-- -~--- --~ ~•~ 2080 \2176 .+~ 2308 i- ~ ~ 1850 -~, -- 1994 ~. ~ ~ ~ ~~ ~ x ----------- ---- - ---f~f~~ankl~ Rd--~- -- 7 - -- u~ 1d ---~ ~ 50 ~~ 1819 1885 '- ~, a N o ~ ~ u, ~ a n' n "' 26 125n 131 I ~ ~ ~__ 'E _- - _ ___ ~ Y ~ ~ ~ ~ 82 68 c III R. e. "' 1251 ~ ------min, ! 100 ~ ~1 5 2Rq `~2T70 2140 S 2310 1350 a 1950 a ~ 2506 2610 2600 Rise Volleyball CUP-12-009 PAGE 5 EXHIBIT A Exhibit A.2: Site/Landscape Plan /~p.wr„u.~F+....~po ~i~ I~~~~n~~~~~~:I,~IL~I~~~~;~~ Rise Volleyball CUP-12-009 PAGE 6 EXHIBIT A Exhibit A.3: Photos of Building "+' a s~ h r Rise Volleyball CUP-12-009 PAGE 7 EXHIBIT A B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with all previous conditions of approval associated with this site. 1.2 Prior to issuance of building permits and/or a Certificate of Occupancy, the applicant shall submit a Certificate of Zoning Compliance application to the Planning Department and obtain approval of such for the proposed use. 1.3 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-SB-6F. 1.4 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application.. 3. FIRE DEPARTMENT 3.1 The Fire Department has no concerns with this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns with this application. 5. SANITARY SERVICES 5.1 SSC has not submitted comments on this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 It has been determined that ACRD has no site specific conditions of approval for this application at this time due to the fact that all improvements exist abutting the site. There is no impact fee due for this application and an ACFID inspection is not required. 7. PARKS DEPARTMENT 7.1 The Parks Department did not submit comments on this application. Rise Volleyball CUP-12-009 PAGE 8 EXHIBIT A C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-SB-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: a. 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 subject property is large enough to accommodate the proposed use and the dimensional & development regulations of the I-L district (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the proposed use is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of Industrial for this site. c. 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 should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. d. 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 properly in the area. e. 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 sanitary sewer, domestic water, refuse disposal, and irrigation are currently provided to the subject property. The Commission finds that the proposed use will be served adequately by all of the public facilities and services listed above. f. 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. If approved, the applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. Rise Volleyball CUP-12-009 PAGE 9 EXHIBIT A g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Commission finds the proposed use will not be detrimental to any persons, property or the general welfare of the area. h. 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. Further, the Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance.