Backstage Dance Center CUP-12-011CITY OF MERIDIAN ~ IDI /~ N~--
FINDINGS OF FACT, CONCLUSIONS OF LAW j1Jjj`~l~l
AND IDAHO
DECISION & ORDER
In the Matter of the Request for Conditional Use Permit for an Indoor Recreation Facility in an I-L
Zoning District, Located on the Southwest Corner of N. Locust Grove Road and E. Commercial
Drive, by Backstage Dance Center.
Case No(s). CUP-12-011
For the Planning & Zoning Commission Hearing Date of: October 18, 2012 (Findings on November
1, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 18, 2012, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 18, 2012, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 18,
2012, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 18, 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-12-011
Page 1
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 October 18, 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 approved per the conditions of
approval in the attached staff report for the hearing date of October 18, 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 18, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-I2-OI I
Page 2
By action of the Planning & Zoning Commission at its regular meeting held on the
~: ~~ t'~'Y`~1~kt~ , 2012.
COMMISSIONER SCOTT FREEMAN, CHAIRMAN
COMMISSIONER STEVEN YEARSLEY, VICE CHAIRMAN
COMMISSIONER MICHAEL ROHM
COMMISSIONER TOM O'BRIEN
COMMISSIONER JOE MARSHALL
Jaycee Holman, City Clerk
Copy served Lipon Applicant, The Planning D
1 ~f
day of
VOTED L~~,
VOTED 1~ JS~
VOTED 1-'~ G~-
VOTED~CL
VOTED~C(_,
s Department and City Attorney.
CI"I'Y OI' MERIDIAN FINDINGS OF PACT, CONCLUSIONS OP LAW AND DECISION & ORDER
CASE NO(S). CUP-12-01 1
Page 3
By: ~ `' Dated: ~ I .~- " c~ (7I ~--
Cit Irk
EXHIBIT A
STAFF REPORT
Hearing Date: October 18, 2012
TO: Planning & Zoning Commission
FROM: Bill Parsons, Associate City Planner
208-884-5533
SUBJECT: CUP-12-011 -Backstage Dance Center
E IDIAN~--
IDAH4
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant has applied for a conditional use permit (CUP) for an indoor recreation facility in an I-
Lzoning district. 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 C of the Staff Report. The Meridian Planning
and Zoning Commission heard this item on October 18, 2012. At the public hearing, the
Commission voted to approve the subiect CUP request.
a. Summary of Commission Public Hearin:
i. In favor: Steve Basquill
ii. In opposition: None
iii. Commenting: Anne M. Sakolsky Basquill
iv. Written testimony: None
v. Staff presentinE application: Bill Parsons
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
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-12-
O11 as presented in the staff report for the hearing date of October 18, 2012, with the following
modifications: (Add any proposed modifications.) I further move to direct Staff to prepare an
appropriate findings document to be considered at the next Planning and Zoning Commission hearing
on November 1, 2012.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-12-O11
as presented during the hearing on October 18, 2012, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number CUP-12-O1 l to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
Backstage Dance Center CUP-12-011 PAGE 1
EXHIBIT A
A. Site Address/Location:
The subject property is located on the southwest corner of N. Locust Grove Road and E.
Commercial Drive, in the NE'/a of the SE'/4 of Section 7, Township 3 North, Range 1 East
B. Owner(s):
Walt Morrow
PO BOX 770
Meridian, ID 83680
C. Applicant:
Anne M. Sakolsky Basquill
2908 N. Fieldstone Way
Meridian, ID 83646
D. 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: October 1, and October 15, 2012
C. Radius notices mailed to properties within 300 feet on: September 28, 2012
D. Applicant posted notice on site by: October 8, 2012
VL LAND USE
A. Existing Land Use(s) and Zoning: The subject property is industrial iri 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: In 2005, a certificate of zoning compliance (CZC-OS-059) was
approved for the construction of a 16,000 square foot multi-tenant industrial building.
D. Utilities:
1. Public Works:
a. Location of sewer: Connected to E Commercial Dr.
b. Location of water: Connected to E Commercial Dr.
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 properly.
3. Flood Plain: NA
Backstage Dance Center CUP-12-011 PAGE 2
EXHIBIT A
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 dance studio 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 are existing landscaped street buffers on this site along E. Locust Grove Street and E.
Commercial Drive. Additionally, perimeter landscaping was provided along the western
boundary.
• "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 tenant space will provide dance instruction that will be centrally located within
the community. Additionally, the applicant is already operating from a building in the
general vicinity and is proposing to relocate to the new tenant space.
For the above-stated reasons, staff is of the opinion the proposed use is consistent with the applicable
comprehensive plan policies and is appropriate in this location.
VIIL 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-21ists the permitted,
accessory, conditional, and prohibited uses in the I-L zoning district. The proposed
indoor recreation facility (dance studio) 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.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Backstage Dance Center CUP-12-011 PAGE 3
EXHIBIT A
The applicant requests approval to operate a dance studio from 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 applicant is proposing
to occupy a 4,000 square foot tenant space in an existing 16,000 square foot building. Access to
the site is provided via E. Commercial Drive. Parking and street buffer landscaping exist on the
site. No exterior modifications to the building are proposed however, the applicant will be
responsible to obtain a certificate of occupancy from the Building Official prior to operating from
the site.
Per UDC 11-4-3-2 the proposed use is subject to specific use standards, however, these standards
pertain to outdoor facilities and are not applicable to indoor facilities.
The hours of operation are proposed to be from 3:30 pm to 8:30 pm Monday-Thursday. A
typically class size is between 6-10 students with two classes occurring at any one time.
Instructional time varies between 45 minutes to an hour. Other tenants (Fastenal and Redline) in
the building operate between the hours of 7:30 am-Spm, Monday-Friday and gam-6pm, Monday
through Friday and 10 am-3pm on Saturday. Although several of the business hours overlap, the
proposed hours of operation should not interfere with other industrial uses operating in the area.
While staff is supportive of the proposed hours of operation, staff has concerns with the amount
of parking developed on the site.
Under the UDC, industrial zoned properties have less stringent parking requirements (1 stall per
2,000 square feet of gross floor area) than other zoning districts. Currently, the site is developed
with thirty (30) parking stalls which exceed the minimum of eight (8) parking stalls required by
code.
Currently, a tenant is leasing recreational vehicles from the site. These vehicles are being
displayed in the parking lot adjacent to Locust Grove Road. If the recreational vehicles remain
displayed in front of the building, parking could be limited on the site. Since the onsite parking
complies with the UDC, it will be a matter between the applicant and the property owner to work
out the parking conflict.
The applicant is required to obtain approval of a Certificate of Zoning Compliance verification
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
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
Backstage Dance Center CUP-12-011 PAGE 4
EXHIBIT A
Parks Department
C. Required Findings from Unified Development Code
Backstage Dance Center CUP-12-011 PAGE 5
EXHIBIT A
Exhibit A.1: Vicinity Map
Backstage Dance Center CUP-12-O1 I PAGE 6
EXHIBIT A
Exhibit A.2: Site/Landscape Plan
« ...
} .....
` iii '~iw
w-~
~ w.~w
~M./YM
i
,~ ~
A +
r
i
~_~= r~r Nair
..~ ~_
-- - sr-
MM ~LAIAM 4fY1L ~
y" /~ ,/Y ~ IK~PI~N ~ 1.~YIIIIIN Y~~
« ~I~VAYYIMtMO
s~~'`~'~ ~t~ "-~ --
~ ~ ,o 0
~~~~~~
~ ~-~
~~ R~
~:.` •
RAILbIDf PARK TILT-I~
wr x aoac~,wruio~ nwc w:
rww,w crw
O/0/ OATA
NM~W N«~R
Y/AYRII4 ~~.~M~MR ~.r.YRYR
YKIrF~Alr.Y1~RRY~. M ~ilA1N
.wn.ar..r .-aww.~.w.«
uwr~w~wN.
w-~M Mr.~~.1~.NUYlU~MIY~.YY~IYI
~~ r~/~~~
.w.~.:__.:..~rR
wo oo.c~
e _...N~.Nw..
:._._...r......
AN~M.AA NCI
Y ~~-Nt/
w~LiM~
~<Y~M.hAr M~
r ~wwnri~rwNK«
M O.I./NR«
~ N~Y~MIM
- .r4~~A
-+wrr.a.~~w.iu u
YO~1I MAw
°~s~teaaxet~maec~.rs~r.
Backstage Dance Center CUP-12-011 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 Verification 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.
1.5 The applicant shall complete all required improvements prior to issuance of a Certificate of
Occupancy. It is unlawful to use or occupy any building or structure until the Building Official
has issued a Certificate of Occupancy.
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 ACRD inspection is not required.
7. PARKS DEPARTMENT
7.1 The Parks Department did not submit comments on this application.
Backstage Dance Center CUP-12-011 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 because of the off-setting hours of
operation.
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 property 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.
Backstage Dance Center CUP-12-011 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, properly 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.
Backstage Dance Center CUP-12-011 PAGE 8