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Meridian Academy of Gymnastics CUP 00-038„ITY CLERK FILE CHECKLIST Project Name: US West Communications Contact Name: Bob Smith File No. CUP 00-037 Phone: 338-1212 Hearing Date: August 1, 2000 n/a Date Received from Planning and Zoning Department: Planning and Zoning Level: Hearing Date: July ~ ~, 2000 0 Transmittals to agencies and others: June 8, 2000 Notice to newspaper with publish dates: 23-JUn-00 and 7-Jul-00 0 Certifieds to property owners: _ June 19, 2000 0 Planning and Zoning Commission Recommendation Notes: City Council Level: Transmittals to agencies and others: 0 Notice to newspaper with publish dates: Q Certifieds to property owners: 0 City Council Action: n/a and n/a n/a Approve ^ Deny 0 Approve ^ Deny 0 Findings /Conclusions /Order received from attorney on: Findings /Conclusions /Order: ^ Approved by Council: ^ Copies Disbursed: ^ Findings Recorded Development Agreement: ^ Sent for signatures: ^ Signed by all parties: ^ Approved by Council: ^ Recorded: ^ Copies Disbursed: Ordinance No. Resolution No. ^ Approved by Council: ^ Recorded: Deadline: ~o days ^ Published in newspaper: ^ Copies Disbursed: Notes: No second ublic hearin for a CUP in an Industrial Zone 4, 2000 Resolntions: Original Res / Cepy Cert: Minutebook Copy Res l Copy Cert: City Ckrk City Engineer City Planner City Attorney Sterling Codifiers Project File Copy Res 1 Original Cert Ada County (CPAs) Applicant (non-CPAs) Recorded Ordinances: Original: Minutebook Capies to: City Cork State Tax Comm State Treasurer, Auditor, Assessor Steding Codifiers city Aftorney City Engineer City Planner Project file Applicant (if appL) Findings /Orders; Original: Minute6ook Copies io: Applicant Project file City Engineer City Planner City Attorney " Record Vacation Findings " Recorded Devebpment Agreements: OriginaLFireproof Ffle Copies to:AppRcard Project file City Engineer City Pgnner City Attorney ~_ NOTICE OF HEARING ~• NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian ~"~ and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on July 11, 2000 for the purpose of reviewing and considering the application of Dave Williams for a conditional use permit for proposed gymnastics, dance and karate instruction zoned I-L located at the NE corner of Ralstin and East Commercial, Railside Business Park. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 19t"day of June, 2000. PUBLISH June 23 and July 7, ,,,~~~ivvieu~nr ~~1**~,;`~,~ OF M~~~~,~,~ ~„ G ~~Qa~~ ~~o 2000 ~~ y ~~~~~ ~ ,a°~ :,~ ~~~ "~ '.-~ w 0 0 0 w 0 0 0 0 0 0 N 0 0 z v~ ~ ~ y ~. . ~ . y ~. ~a y ~ n ~ C ~ ~ ~ •f• ,~- HUB OF TREASURE VALLEY MAYOR A GooCl P18Ce t0 Live LEGAL DEPARTMENT Robert D. Cowie (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN PUBLI W RK CITY ~O~N~Ii, MEMBERS C O S Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-221 I • Fax 887-297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZON[NG Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 19, 2000 TRANSMITTAL DATE: June 8, 2000 HEARING DATE: July 11, 2000 FILE NUMBER: CUP-00-038 REQUEST: Gymnastics, dance and karate instruction BY: Dave Williams LOCATION OF PROPERTY OR PROJECT: NE corner Ralstin and E. Commercial - Railside Business Park - SALLY NORTON BILL NARY, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT -~~~:~- SETTLERS,.IRRIGATION DISTRICT IDAHO P04IVER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) ' °' -INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: ..,~;, ,~, ~a~ CITY OF MERIDIAN ~ ~ ~ N ~ ~ 200 APPLICATION FOR A CONDITIONAL USE PERMITCITY O~y IyIEN,IDIAN pLANNIlVG & ZONING -„ NAME: t~ GENERAL LOCATION:/~,~ ~,~~/c-~'' aT "~~%//(/ 0`~ L~.~+~,,r'Ci?~--- DESCRIPTION OF PROPOSED CONDITIONAL USE: ZONING CLASSIFICATION: --~~~ I certify that the information contained herein is true and correct. Signature of Applicant Social Security Number ~~BS,S~9D/..3' LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commic~ion will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by the property generally descnbed as located at -, SUBDIVISION, BLOCK ,LOT for TO 1. Applicants 2. Property owner: 3. Property: Meridian Academy of Gymnastics, Inc. Dave Williams 4124 N. Westview Way Boise, Idaho 83704 208-376-9955 Dave Williams 1530 E. Commercial Ave. Meridian, Idaho 83642 4. Warranty deed and notarized consent of property owner: enclosed 5. Existing Use: none 6. Present property use: under construction 7. Proposed property use: gymnastics, dance and karate instruction. 8. Present zoning: II. -Light Industry 9. vicinity map :enclosed Railside Business Park Meridian, Ada County, Idaho Lot 5, Block 1, T. 3N, R. lE, S. 7 10. Plan for proposed site - 35 copies in scale of 1"=20' ; 1 - 8 1/2" x 11" copy :enclosed 11. Mailing list of property owners: enclosed 12. Characteristics of property: Beneficial to the city because it will not be a conflict to surrounding businesses or residences. It will be a benefit to community youth and adults who will enjoy the central location with easy access, a large warehouse for accommodating gymnastics equipment, adequate parking, and office space with extra rooms for dance and karate instruction. 13. Council fee: enclosed 14. I agree to pay any additional sewer, water, or trash fees or charges, if any; associated with the use, whether that be residential, commercial, or industrial. Signed, ,4 y. ~ ' . , - _. ~~ ~~~~ q~{l ~ 1s9~ uU. -- °_ ~~= ~ ~ ~~~ ^ ~, 1• ~Y~ A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY 8151 W. Rifleman Ave /Boise, Idaho 83704 / (208) 377-2700 P 175027 SO face. . ~~ Q,u. ~ ~rt,D ~e ~ , WARRANTY DEED (CORPORATE FORM) RAILSIDE DEVELOPMENT, INC., an Idaho Corporation , acorporation organized and existing under the laws of the State of Idaho, with its principal office at of County of ADA , State of Idaho, grantor, hereby CONVEYS or GRANTS and WARRANTS TO DAVID R. WILLIAMS -a-r~-(~I~Iz-{~. ~I~I~Sr,-~-~r~-[,fit-€e-- ~-~ar_,~. i-~cl-~-ersorr~i-rrg--ari-t~Ir--Svi~-xr~--5-ep~arate'~gerty and CAROL A. WILLIAMS, Husband and Wife grantee s of 4124 Westview Way, Boise , ID 83704 for the sum of TEN DOLLARS AND NO/100 DOLLARS, the following described tract(s) of land in Ada County, State of Idaho: LOT 5 IN BLOCK 1 OF RAILSIDE PARK SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 73 OF PAGES 7561 AND 7562, RECORDS OF ADA COUNTY, IDAHO. REC4P,DED-fEQUE5T OF ,il~1t4 rtJUNTY RECORLIER j. i'~,ltfD h!h,'~ARRO ~~'~"'~'.'''~~~';~ FEEz~~---DEPUTY ._ x999 F~ 1 1 P-~1 2~ 36 9 9 0 1 3 7 2 2 PIONEER TITLE Location of above described property 1530 E omm r ; al AvP House No. Street The officers who sign this deed hereby certify that this deed and the transfer represented thereby was duly authorized under a resolution duly adopted by the board of directors of the grantor at a lawful meeting duly held and attended by a quorum. In witness whereof, the grantor has caused its corporate name and seal to be hereunto affixed by its duly authorized officers this day of , A.D. 1999 9TH FEBRUARY RAILSIDE DEVELOPMENT. INC. (CORPORATE NAME) By: ~ ~~ onald C. Yanke PRESIDENT Attest: chard D. Heaton SECRETARY ~. 5l~-d,~y,~u...l[ss ...cf=l s:d.:.g w~ Sfi.t~n ~~~~, ~5 ~ ~ c1~ro.rd b t't L `~~ ~ ~ d si SOUTH ELEVATION uw,sss .s,µ w.~ .o- w oo.s , ~~'..oo. K~..iR . ~-, Qp~wmin~PL"~~~~z~vr S~c~2~ fC'nCP~ N~s~~j~t~~l~ ~C~ao~ S~o~o-5L ~~ S/a~OD - - - - ~i~p a.~ N.ORT~H ELEVATION ~~ q II I !~ i!I I II' i I I ! li I III' ! III ~h~pl ~ i! i ~ i~ ~ ! ~ ~, "i u ~ R j ~ I I III ,;IIIi I !i i'~I I, ~ ~~ III Ili III I II i u II ~i i it I II !~~ I' I ~I I li I ~ ~' h I~,li I~ II I~ i~ l ~I~ I',I ~ II ~~ ~ I ~' I II'I iV li !! I II, I Ill ! i ~!'I I~i~~l i iI Il~~ i,ll II ~ ~i I I I I gw,~,. ~,., ~.~ - .~ _ _ _ _ _ _ _ _ WEST V .wcss .. mwe ELE ATION .-• " eiu • ~ -e EAST ELEVATION r•," a BI~ BIG DHVILDHA9 INC 1j1~~~~jE// .Ms~s~lvei~ tlW CM'f1a889-2068 eun •rv.Kmoaa yu~Erp,~l~ »~ ~ ~.. INS`'"'-_ " ,=oe, .., ~, ,. I~,, m :~ a:, OMNEA /oox >amre ... .L.N n,... (.~fQHMIId V x~4 v...' Noel s>e'~fi ~ ~'m~ui vp.: eee_oeee su.: (zael ne-avee : lmul ne-z.s. TITLE ELEVATIONS P~ 6561 '+~ ALS AC/SOD ®n ~ry A q ~~6 AS NOTED 1112-98 SHEEP A2 OF O i:l, n i~ :,I ~ m ~ a ?II z U g ~ ~ ~ F Y ~ g'R Y 8°' t~ ~ g3 p~ ~ i l ~ i C ~ ~ ~ 39\ y~ ~ ! ]5 J i ~ ~ ~ ¢ ~~~z °z ~W ~ ~ tl b $ 4CIIn ~~e +i ~ 3 ~ w't ~ `m ~ ~' ! ~ ~ ~ * ~~~~~ ~" ? 3~ a' _~ ~ Z ~ggq n ~~~`~~.~' I I w i~d' i'F G ~ ~r~ ~ ~ ~' ~ ~ E~~3 ~ ~ g 8gb~ e~ ~~~_~ I i ? I~~~ ;;8 m U Z~ C oitrcc ro., ~"~~$~ I I 1Q o [7 ,a®®e= ;gg' ~ n ~ z~ g ~ ~.8a-' ~ ~II9p ui. ~ ¢ 5g L~ m m a ~ p ~ > ~ o -':I -'~~ I I n e§Y~„ std ~ 1p m~ I fI 3ffiB ~$ ~ ~ UD ~& Z c m I WNO~ ~~ W i 44 V1 01 !n ~ o a6 ~ ~ ~~ ~ o U e' ~ ~ ~ o w o ge F e z_ a ~ _ rrte~,, ~ ~ ~ _ ~ ~ €^ ~ ~,~ + Q g~3 ~ I -W~- _ _ Wy-- s ~ ~ Y v1 - ' pp¢g ~ elf ~_ I ,; ~ (3arun~) adoa 3noao lsnoon HiaoN ~.-l~----------~---- _~---:~___---------- -- I O ~I q ~i z 0 ~ o m = ~ o Y ~ ~ Q F--- n- z W ~ 0 O U C/7 J_ Q Q ~ ~ Q Z Y U ~ O rY J W m J I o ` W zN ~ R r~ °~- ~ i . ~~ I I ~' z Q J 2 F- ~ b ~' ; Q H ~ Cn LETTER OF CONSENT We hereby consent to have the City of Meridian approve a conditional use permit for the Meridian Academy of Gymnastics, Inc. Date ~~s',` <- - - ~ ..-- ' r ~~ ~, ~~ Date ~°~r',-: .- .~. ~_~b~,I~ ~~ ~A~~l~`~ _ ~, i~'U~ David R Williams STATE OF IDAHO County of ADA Carol A Williams On this day May 31, 2000, before me did appear David R Williams and Carol A Williams subscribed to the within instrument, and acknowledged to me that they executed the same. Notary Public for Idaho Residing at Meridian Idaho Commission expires -~ - ~~ ~ ~' /~ ~„ i i= ~ ~, ,t-, j ~~ 15. I, Dave Williams ,hereby state that I have read the contents and verify°th~l~ ali the inlormatiq~ contained is true and correct. Signed, ~ ~[ .-- 16. I agree to post the property 1 week prior to the hearing stating I have applied for a Conditional Use Permit. Signed, - .+.~ ^ ,,; ~ ~,,, .y, ~. t Y A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY 8151 W. Rifleman Ave /Boise, Idaho 83704 / (208) 377-2700 P 175027 SO WARRANTY DEED (CORPORATE FORM) i~'. ,~ ~Gk+~ Ctu- ~n,a iTe ~ , RAILSIDE DEVELOPMENT, INC., an Idaho Corporation , acorporation organized and existing under the laws of the State of Idaho, with its principal office at of County of ADA , State of Idaho, grantor, hereby CONVEYS or GRANTS and WARRANTS TO DAVID R. WILLIAMS ~~~~(~I~-A. ~F-I-~I-~d~s-,-~-,a~c~-~r€e-- ~rit~r~}e-~ri~-rrg-wi-t~r~vl-e--arr~~seg~az~-t-r= -ty and CAROL A. WILLIAMS, Husband and Wife grantee s of 4124 Westview Way, Boise, ID 83704 for the sum of TEN DOLLARS AND NO/100 DOLLARS, the following described tract(s) of land in Ada County, State of Idaho: LOT 5 IN BLOCK 1 OF RAILSIDE PARK SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 73 OF PAGES 7561 AND 7562, RECORDS OF ADA COUNTY, IDAHO. Rlrca~;a~a->~Iraulws~ ol: ,;r~~ cjJl~1~TY RECOf~l~ER ~ z`~!t!~ ~"h ~JltRr?Q ~999~`~~I ~~~_~~ ~90~0~~2 PIONEER TITLE Location of above described property 1530 F o m i al Ave House No. Street The officers who sign this deed hereby certify that this deed and the transfer represented thereby was duly authorized under a resolution duly adopted by the board of directors of the grantor at a lawful meeting duly held and attended by a quorum. In witness whereof, the grantor has caused its corporate name and seal to be hereunto affixed by its duly authorized officers this day of , A.D. 1999 9TH FEBRUARY RAILSIDE DEVELOPMENT, INC. (CORPORATE NAME) By onald C. Yanke PRESIDENT Attest: chard D. Heaton SECRETARY STATE OF IDAHO ,County of Ada , ss. ~~~ Februar 1999 ~l +~ ~~~~--~~~ On this day of Y , in the year of ,before me / ~ /~~ 1 the undersigned , anotarypublic, per- me to be the person ~vho executed the instrument on behalf of said corporation, and acknowledged 9tion executed the same. SOT AR r ;.,t. * ; '!•" :.~ : Notary Publi AU B LtC ~ Residing at: ~J'J, ~••• +••• O ~~'~ My Commis: ~. 9 •'••••' ~ ~.. 4. 7'R „~ .n~'` .~ TED WILLIAMS 92=i55a~ 12 8 5 ~ eLordis CINDY WILLIAMS 1241 j, my strength 3080 N. MERIDIAN RD. 208-884-8084 / ~ / J ~~ x and my song. MERIDIAN, ID 83642 Date (D c - - Ewdus 15:4 _ _ a z' 7~ay to the ~ Z ~ i~ ~ r order of _ /,~ / _~ ~ 6~~~~ollars 8 ~,~~ ~~ ~~ KEYBANK NATIONAL ASSOCIATION $w MERIDIAN, IDAHO 83642 S 1-800•KEY2YOU a \ ~-- IIR ~ For V V ( ~~ l / D~ W ~ ~:L24i0L555~:L244 7 204 76~811' 12 5 y 0199] THOMAS NINKApE. MEDIA ARTS GROUP. SAN JOSE F Z Q ~ N ~ ~ ~ ~~ oco W ~ ,D L 2 ~ 'D Il. 1- LU C ~ C9 ~ O ~ •L U O 1 J _ _ _ - _ - _ - _ _ _ _ .. ~ . _ 1 _~ N o I `~ o J a X Q c a ~ I - O p ai ° F- ~` o L a' _ !Z w N (~ v ~ ~ ~ N O !6 o V v U ' a 4 r Z ~" '` a C ~ .q a o ~ a o ~ w ~ S ~ a _ A v a U ~~ ~ N ~ -•~ Y ~ D ~ ~ f in ~ ~ . O 5 0 O ~ V ~ U ~ ~ ~ m .a d T ~ m Y U m S O ~ ~ = N Q ~ `~ ~ "~ v ~ ~ N ~ O ~ Z w E ~I O ~ ~ ~ N m ~ A u ~~ ~ ~o z a Q o ~ a [] O ~~ \l \ Y• ~~ l(~ N O w o z ~ ~ (7 a A ri August 10, 2000 CUP 00-038 MERIDIAN CITY COUNCIL MEETING August 15, 2000 APPLICANT Dave Williams ITEM NO. M REQUEST Findings -Request for Conditional Use Permit for proposed Meridian Academy of Gymnastics for a dance, karate and gymnastics studio in an I-L zone - 1530 E. Commercial Avenue in the Railside Business Park 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: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS See attached Findings ADA COUNTY HIGHWAY DISTRICT: ' ~'~ ADA COUNTY HIGHWAY DISTRICT: C~~~' CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: I~GLU'K. ~~° ~~~ ~,t /.t..i'V~~ Date: ~~ Phone:?~...--~ ~~ rj Materials presented at public meetings shall become property of the City of Meridian. interoffice RECEIVE MEMOR ANDUM AU ~ To: William G. Berg, Jr. From: William F. Nichols Subject: DAVE WILLIAMS File No.: CUP-00-038 Date: August 2, 2000 Will: CITY OF MERIDIAN CITY CLERK OFFICE Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS, pursuant to action of the Council at their August 1, 2000, meeting. The Findings will be on the Council's agenda for their August 15, 2000, meeting. I have also attached the original of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT, if the Council approves the FINDINGS. Additionally, please note that I have not heard back from the Planning and Zoning or Public Works Departments with response to these Findings. Please serve copies of both documents upon the Applicant and appropriate departments. If you have any questions please advise. msg/Z:\Work\M\Meridian 15360M\Williams CUP038\ClkLtrCUPffcls&Order A ~~ BEFORE THE MERIDIAN CITY COUNCIL ~ ~ L E C C P ~ 08-02-00 IN THE MATTER OF THE ) Case No. CUP-00-038 APPLICATION OF DAVE ) WILLIAMS, FORA ) FINDINGS OF FACT AND CONDITIONAL USE PERMIT ) CONCLUSIONS OF LAW AND FOR GYMNASTICS, DANCE ~ ) DECISION AND ORDER KARATE INSTRUCTION ) GRANTING CONDITIONAL FACILITY IN AN IL ZONE, ) USE PERMIT SUBJECT TO LOCATED AT 1530 E. ) CONDITIONS COMMERCIAL AVENUE, ) MERIDIAN, IDAHO ) The above entitled conditional use permit application having come before the City Council for public hearing on August 1, 2000, at the hour of 7:30 p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Fact and Conclusions of Law and Recommendation to City Council issued by the Planning and Zoning Commission who conducted a public hearing and having heard and taken oral and wntten testimony, and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and the Applicant, Dave Williams, appeared and testified, and no one appeared in opposition, and having duly considered the matter and the Planning and Zoning Commission made the following Findings of Fact and Conclusions of Law and FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. 70HNSON DAVE WILLIAMS /CUP-00-038 Page 1 of 12 Recommendation to City Council, and the City Council having received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW Idaho Code § 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of Meridian City Code § 11-17-2. 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. 5. Prior to granting a conditional use permit in a Light Industrial (I-L) zone, a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5, which provides as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 of I2 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 ,''1 "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August I, 2000, before the City Council, the first publication appearing and written notice having been. mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) ;days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the said August 1, 2000, public hearing; and the Applicant, FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at 1530 E. Commercial Ave., Meridian, Idaho. 5. The owner of record of the subject property is Dave Williams of Boise. 6. Applicant is owner of record. 7. The subject property is currently zoned IL. The zoning district of IL is defined within the City of Meridian Zoning and Development Ordinance, Section 11- 7-2. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 ~, 8. The proposed application requests a conditional use permit for a gymnastics, :dance and karate instruction facility. The IL zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The requested conditional use is described in the "SITE LAYOUT PLAN, DESIGNED BY: ALS, DRAWN BY: AC, CHECKED BY: ALS, REV.B, PROJECT: 1142-98, SHEET C 1 OF 3, BY: BIG D BUILIDERS, INC., OWNER: DIAMOND PROPERTIES, TREASURE VALLEY ENGINEERS, INC., NEW BUILDING FOR DAVE WILLIAMS ", for Dave Williams, developer, for a gymnastics, dance and karate instruction facility, located at 1530 E. Commercial Avenue, Meridian, Idaho, and which property is described as: Lot 5 in Block 1 of Railside Park Subdivision according to the official plat thereof, filed in Boolc 73 of Pages 7561 and 7562, records of Ada County, Idaho. 12. Giving due consideration to the comments received from the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 governmental subdivisions providing services in the City of Meridian planning jurisdiction, as herein provided for in the conditions of approval, public facilities and services required by the proposed development will not impose expense upon the public if the conditions of development, as set forth in the Decision and Order number 2, are found to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. 13. The use proposed within the subject application will in fact, constitute a conditional use as determined by Council action and City Ordinance. 14. The use proposed within the subject application will be subject to the conditions as set forth in the Decision and Order under number 2, and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such use will not change the intended essential character of the same area. 15. The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The use proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 17. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 18. The use proposed within the subject application will not involve uses, activities, 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. 19. Sufficient parking for the proposed use of the property will be provided. 20. The use will not result in the destruction, loss or damage of natural or scenic features of major importance relating to the property. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the Applicant of the property, is granted a conditional use permit for the proposed application request of a conditional use permit for the operation of a gymnastics, dance and karate instruction facility, located at 1530 E. Commercial Avenue, Meridian, Idaho, and described in the "SITE LAYOUT PLAN, DESIGNED BY: ALS, DRAWN BY: AC, CHECKED BY: ALS, REV.B, PROJECT: 1142-98, SHEET C1 OF 3, BY: BIG D BUILIDERS, INC., OWNER: DIAMOND FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 3., /'~, PROPERTIES, TREASURE VALLEY ENGINEERS, INC., NEW BUILDING FOR DAVE WILLIAMS", for Dave Williams, developer, for the development of the aforementioned project, and which property is described as: Lot 5 in Block 1 of Railside Parlc Subdivision according to the official plat thereof, filed in Boolc 73 of Pages 7561 and 7562, records of Ada County, Idaho. 2. The conditional use permit granted herein is subject to the following terms and conditions: Adopt the Recommendations of the Planning Department as follows: 2.1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.F. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.3 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. The Applicant shall be required to have warning signs to vehicle traffic shall be provided and prominently placed on the site to warn of the presence of children on the property. 2.4 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.5 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 Re-Assessment Agreement with the City of Meridian for all commercial uses. 2.6 The Schedule of Parking Space Requirements, 11-13-5, does not list gymnastic centers specifically. Nursery schools ~ day care centers require 1 space per 10 children, plus 1 space per staff member. The parking requirement is the closest fit in the ordinance and will be generally adequate, except during gymnastic meet times. The applicant shall verify that parking is adequate for the proposed gymnastics center, with enough remaining spaces for the future tenants. 2.7 No signage was submitted with the application. All signage for all tenants in the building is subject to design review and shall require separate permits. Adopt the recommendations of the Fire Department as follows: 2.8 .All codes shall have to be met with particular attention to whether or not a sprinkler system shall be installed because of water fire flow. Adopt the recommendations of Ada County Highway District as follows: 2.9 All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived in writing by the District. 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerlc and then a conformed copy shall be served by the Clerk upon the applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page I 0 of I2 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 NOTICE OF FINAL ACTION 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 may be adversely affected by the issuance or denial of the conditional use permit 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. By action of the City Council at its regular meeting held on the ,S~ day of ~ ~ ~ , 2000. ROLL CALL COUNCILMAN .ANDERSON VOTED ~ `'f ~~ COUNCILMAN BIRD VOTED ~v COUNCILMAN deWEERD VOTED ~ ~~ COUNCILMAN McCANDLESS VOTED ,w MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~~r~~Q FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 I of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 MOTION: APPROVES --- DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. BY~ /~~~~ Dated City Clerk msg/Z:\Work\M\~Vleridian 15360M\Williams CLJI'038\CUPFfCIsOrdDec FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 ~-~s-ov ~~~ ~~!'11J = y ,~ ~~~ ~VT~ ~~ ~,ryl~~~rP~ntt tsNsti~~~`~ `\ Page 12 of 12 BEFORE THE MERIDIAN CITY COUNCIL 08-02-00 IN THE MATTER OF THE ) APPLICATION OF DAVE WILLIAMS, ) FOR A CONDITIONAL USE PERMIT ) FOR GYMNASTICS, DANCE & ) I<ARA.TE INSTRUCTION FACILITY ) IN AN IL ZONE, LOCATED AT ) 1530 E. COMMERCIAL AVENUE, ) MERIDIAN, IDAHO ) CASE NO. CUP-00-038 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 1st day of August, 2000, under the pro`~isions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant/Owner of the property is granted a conditional use permit for the proposed application request of a conditional use permit for the operation of a gymnastics,. dance and karate instruction facility, described in the "SITE LAYOUT PLAN, DESIGNED BY: ALS, DRAWN BY: AC, CHECKED BY: ALS, REV.B, PROJECT: 1142-98, SHEET C1 OF 3, BY: BIG D BUILIDERS, INC., OWNER: DIAMOND PROPERTIES, TREASURE VALLEY ENGINEERS, INC., NEW BUILDING FOR DAVE WILLIAMS" ,for Dave Williams, developer, for the development of the aforementioned project, and which property is described as: Lot 5 in Block 1 of Railside Park Subdivision according to the official plat thereof, filed in Book 73 of Pages 7561 and 7562, records of Ada County, Idaho. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 1 OF 3 DAVE WILLIAMS /CUP-00-038 2. That the above named applicant is granted a conditional use permit for the operation of a gymnastics, dance and karate instruction facility, located at 1530 E. Commercial Avenue, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning Department as follows: 2.1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.F. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.3 All signage shall be in accordance with the standards set forth in Section 11-2- 415 of the City of Meridian Zoning and Development Ordinance. The Applicant shall be required to have warning signs to vehicle traffic shall be provided and prominently placed on the site to warn of the presence of children on the property. 2.4 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.5 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. 2.6 The Schedule of Parking Space Requirements, 11-13-5, does not list gymnastic centers specifically. Nursery schools SL day care centers require 1 space per 10 children, plus 1 space per staff member. The parking requirement is the closest fit in the ordinance and will be generally adequate, except during gymnastic meet times. The applicant shall verify that parking is adequate for the proposed gymnastics center, with enough remaining spaces for the future tenants. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 2 OF 3 DAVE WILLIAMS /CUP-00-038 2.7 No signage was submitted with the application. All signage for all tenants in the building is subject to design review and shall require separate permits. Adopt the recommendations of the Fire Department as follows: 2.8 All codes shall have to be met with particular attention to whether or not a sprinkler system shall be installed because of water fire flow. Adopt the recommendations of Ada County Highway District as follows: 2.9 All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived in writing by the District. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action o the City Council at its regular meeting held on the J~~h da of y ~~ ~ , 2000. o e D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Departm t and City Attorney. r BY' ~"~-~- Dated: City Clerk ~~lS- 00 ~' _~. msg/Z:\Work\M\Meridian 15360M\Williams CUP038\CUPOrder SEAL y r~~+ 9 ,,,, ` f, ~* ``, ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 3 OF 3 ~`~~n,,~~~~f_`~M~~ ~,~~~~~~`~~ DAVE WILLIAMS /CUP-00-038 January 11, 2001 RZ 00-006 MERIDIAN CITY COUNCIL MEETING January 16, 2001 APPLICANT ITEM NO. 14 REQUEST Ordinance -Meridian Business Park 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: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached Ordinance ,~~~ I ~~' ~/~ ~x-~ - ~ ~ ' ~ ~ ~ ~,~, Contacted: Date: Phone: Materials presented at public meetings shall become proper#y of the City of Meridian. Meridian Acad®my of ~y~nnastics, Inc. Phone 884-1166 ~~~ ~~ ~/ ~ ~ ial Ave. Ste. 105 ian, Idaho 83642 July 25, 2000 Dear Mayor Corrie and City Council, I am writing you to completely clarify the activities that Meridian Academy of Gymnastics, Inc. will be providing to the people of Meridian and it's surrounding cities. We plan to offer high quality exercise programs for children and adults, as well as an alternative to traditional daycare. We will provide classes in gymnastics, karate, dance, aerobics and kickboxing. We would also like to become licensed through the state to provide childcare, including before and after care for those attending school, and supervised activity for those not on track at the year-round schools. In addition to instructed classes for the adults, we plan to have exercise equipment for the adults to use while their children are in class. We are very excited about the prospects of providing a new facility for our city to enjoy in these areas of exercise without the unwanted drive, as well as a closer facility for those cities to the west of Meridian. Sincerely, Cindy Williams July 24, 2000 MERIDIAN CITY COUNCIL MEETING APPLICANT Dave Williams CUP 00-038 August 1, 2000 ITEM NO. ~ 4 REQUEST Re uest for Conditional Use Permit for proposed dance karate and ymnastics studio in an I-L zone - 1530 E. Commercial Avenue in the Railside Business Park 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: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See comments dated July 5, 2000 See attached recommendations See attached See attached ~~ R+~~'~ 4ti~~ ~~~q~ ~~ \ Contacted: ~~r~ ~(~ ~I,ta,~rVt-S Date: ~ ~~ Phone: ~I(p~~~ Materials presented at public meetings shall become property of the City of Meridian. MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless MEMORANDUM: To: From: Re: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Mayor, City Council and Planning & Zoning Commission Steve Siddoway, Planner ~' IG'~--.m~ -~ 2000 Conditional Use Permit for the Meridian Academy of Gymnastics at 1530 E. Commercial Ave., Railside Business Park, by Dave Williams We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY This application requests approval for a gymnastics center in an office/warehouse building (currently under construction) that is owned and managed by Dave Williams in Railside Business Park (zoned I-L). Ordinance 11-8-1, Zoning Schedule of Use Control, does not specifically list gymnastics centers, and the closest matching use listed is `Private Schools', which requires a Conditional Use Permit in the I-L zone. LOCATION & SURROUNDING USES The subject property is at 1530 E. Commercial Ave. in Railside Business Park, Lot 5, Block 1. The lot is generally located south of Pine Street at the intersection of Ralstin and Commercial; and borders the future extension of Locust Grove Road. The lot is currently zoned I-L. The gymnastics center will be one of several tenants in the building. The property is located in an area designated as Existing Urban in the Comprehensive Plan. The surrounding uses follow: North -Existing Traditional Electric office/warehouse building, with southern half of property still undeveloped. South -Commercial Ave., RTEC Corporation, and a vacant lot. East -Future Locust Grove right-of--way and a large vacant parcel. Oak Harbor Freight is northeast of the site. West -Ralstin Street and Plumbers Union building. GENERAL COMMENTS: 1. Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 ~;, July 6, 2000 Merdian Academy of Gymnastics.CUP.doc n Mayor, Council and P&Z July 6, 2000 Page 2 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.F. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 4. All construction shall conform to the requirements of the Americans with Disabilities Act. SITE SPECIFIC COMMENTS: Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 2. The Schedule of Parking Space Requirements, 11-13-5, does not list gymnastic centers specifically. Nursery schools & day care centers require 1 space per 10 children, plus 1 space per staff member. Staff believes that this parking requirement is the closest fit in the ordinance and will be generally adequate, except during gymnastic meet times. The applicant shall verify that parking is adequate for the proposed gymnastics center, with enough remaining spaces for the future tenants. 3. No signage was submitted with the application. All signage for all tenants in the building is subject to design review and will require separate permits. 4. This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit will need to be submitted and approved by the Zoning Administrator for any new owners/tenants. RECOMMENDATION Staff recommends approval of the application with the conditions noted above. CUP-00-038 MSD Marketing Class.CUP V" WHITE, PETERSON, PRUSS, MORROW & GIGRAY , P.A. ATTORNEYS AT LAW J"'"tEJ~Li~xFls`T>Ex ZOO EAST CARLTON AVENUE WM. F. GIGRAY, III NAMPA OFFICE BRF3Tf J. Jo[-Arsox POST OFFICE BOX 1 150 D. SAMOFL 7oFarsox MERIDIAN, IDAHO 83680-1150 104 N[xTll AvEN[IE SouTx POST OFFICEBOX 247 Wn.[.IAM A, MoRROw WII.LIAM F. N[CHOLS T11 CFIl2IS 208 288 2499 S NAMPA, IDAHO 83653-0247 TEL. (208)466-9272 FAX (208)466 4405 . ) TOPFffi2 - . NYE PHII,m A. PErmsox FAx (~08) 288-2501 . ST'FpHIN L. PRUSS ERIC S. ROSSMAN TODD A.RossMAx PLEASE REPLY TO ~~~ OFFICE DAVID M. SWART7,EY TBtRravcER WHITE Jul 18 2000 y , _ ~L 2 1 2000 To: Staff Applicant Affected Propert Owner(s) CITY OF MERIDIAN ^ I T V r~ ~ c y o~ rl c c ~ r F Re: Application Case No. CUP-00-038 Hearing Date: August 1, 2000 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Finding,s~ and Recommendations of the Planning and Zoning Commission shall be presented to the C.;ity Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planruzlg and Zonlrlg Commission; and That you carefull complete (be sure it is legg~~'ble) the Position Statement if You ~sagree with the Findings and7Zecommendations of the Plannung and Zoning Commission. The Position Statement form for this application Is available at the City Clerk's office. It is recommended that you pprepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, please present your Position Statement to the City Council at the hearing, along with eight ($) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly(/yours, ~%~~ l% ~ `rty Attorney' f ' e Iy~ n BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) Case No. CUP-00-038 REQUEST FOR CONDITIONAL ) USE PERMIT FOR GYMNASTICS, ) RECOMMENDATION TO CITY DANCE & KARATE ) COUNCIL INSTRUCTION FACILITY 1 DAVE WILLIAMS, ) Applicant ) 1. The property is located at 1530 E. Commercial Ave., Meridian, Idaho. 2. The owner of record of the subject property is Dave Williams of Boise. 3. Applicant is owner of record. 4. The subject property is currently zoned IL. The zoning district of IL is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. ~-~~ 5. The proposed application requests a conditional use permit for a gymnastics, dance and karate instruction facility. The IL zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT -GYMNASTICS ACADEMY -DAVE WILLIAMS proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: Adopt the Recommendations of the Planning Department as follows: 1.1 Off-street parking shall be provided in accordance with Section 11- 13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.F. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.3 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. The Planning and Zoning Commission added a requirement that warning signs to vehicle traffic will be provided and prominently placed on the site to warn of the presence of children on the property. 1.4 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.5 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT -GYMNASTICS ACADEMY -DAVE WILLIAMS 1.6 The Schedule of Parking Space Requirements, 11-13-5, does not list gymnastic centers specifically. Nursery schools ~ day care centers require 1 space per 10 children, plus 1 space per staff member. Staff believes that this parking requirement is the closest fit in the ordinance and will be generally adequate, except during gymnastic meet times. The applicant shall verify that parking is adequate for the proposed gymnastics center, with enough remaining spaces for the future tenants. 1.7 No signage was submitted with the application. All signage for all tenants in the building is subject to design review and will require separate permits. Adopt the recommendations of the Fire Department as follows: 1.8 All codes will have to be met with particular attention to whether or not a sprinkler system should be installed because of water fire flow. ey/Z:\WorkUYl\Meridian 15360M\Recon~nendations\CUP038Williams.wpd RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT -GYMNASTICS ACADEMY- DAVE WILLIAMS MAYOR Robert D. Cowie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless .-~ HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 33642 (203) 388-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 838-4218 LEGAL DEPARTMENT (208)288-2499 • Fax 288-ZSOI PUBLIC WORKS BUILDING DEPARTMENT (208) 887-231 I • Fax 887-1297 nn PLANNING AND ZONING tfV!. DEPARTMENT dT, (208) 884-533 • Fax 888-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 19. 2000 TRANSMITTAL DATE: June 8, 2000 HEARING DATE: July 11, 2000 FILE NUMBER: CUP-00-038 REQUEST: Gymnastics, dance and karate instruction BY: Dave Williams LOCATION OF PROPERTY OR PROJECT: NE corner Ralstin and E. Commercial - Railside Business Park -SALLY NORTON BILL NARY, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE _J,BUILDING DEPARTMENT ~/ FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: '~ _ ~Z "~~ ~~ I S t.~ . I !` ~ C .•_ ., 1R.1 i ~ ~ SZ ~t (O id9 P! x . D /s/ L~/ Sy S~%~-_ ~du ~ou~.t~~~~~w~~ ~~~t~~~t Judy Peavey-Derr, President 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us June 26, 2000 TO: David Williams 4124 N. Westview Way Boise, ID 83704 SUBJECT: MCUP-00-038 Gymnastics Academy 1530 E. Commercial Ave. j~,ECEIVED JUL 0 3 2000 CITY OF MERIDIAN CITY rl f=RK nFFICE The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above. ACHD does not have any site improvement requirements at this time. The ACHD Commission will not hear this item unless the site plan is changed in such a manner as to require Commission review. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived in writing by the District. Contact Ms. Joyce Newton for payment of possible road impact fees prior to building construction in accordance with Ordinance #193, also known as the Ada County Highway District Road Impact Fee Ordinance. If you have any questions, please feel free to contact at (208) 387-6177. Sincerely, Penelope L. Constantikes Development Analyst Cc: Planning & Development/Chron/Project File Planning & Development Services-City of Meridian July 7, 2000 MERIDIAN PLANNING & ZONING MEETING: July 11 2000 APPLICANT: DAVE WILLIAME ITEM NUMBER: 8 REQUEST: CONDITIONAL USE FOR PROPOSED GYMNASTICS ACADEMY AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT CITY ATTORN EY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTE WATER DEPT: CITY WATER DEPT: SEE STAFF COMMENTS SEE COMMENTS MERIDIAN SCHOOL DISTRICT: SEE COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: SEE COMMENTS o,r~ JT fo~~ All Materials presented at public meetings shall become property of the City of Meridian. ~~ ~,~ ~•~ ~ States m a n -~ P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF Puri i~nTinnr . ~ ~ _ ~ - ~ - -- Account # DTI# Identification Amount: 064514 271631 PUBLIC HEARING $82.20 Ordered by: P.O. # Rate Run Dates SHELBY NT JUNE 23, JULY 7, 2000 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO STREET 5 5 MERIDIAN, IDAHO 83642 Affidavit Legal # 1 7511 ~. ~~ LEGAL NOTICE JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal ~' PUBLIC HEARING ~~NOTICE IS HEREBY GIVEN pursuant Clerk of The Idaho Statesman, a daily newspaper printed and published at ~to the Ordinances of the City of Meridian Boise, Ada County, State of Idaho, and having a general circulation therein, and send the Laws of the State of Idaho, that 'the Planning and Zoning Commission of which said newspaper has been continuously and uninterruptedly published in `the City of Meridian, Idaho at the hour of said County during a period of twelve consecutive months rlor to the first x:00 p.m. on JuIY 11, 2000 for the purpose P ,of reviewing and considering the applica- publication of the notice, a copy of which is attached hereto: that said notice .bons of: Randy Ware for annexation and zoning was published in The Idaho Statesman, in conformity with Section 60-108, of 1 297 acres from R-1 to R-4 for pro- posed single family residences located at ' Idaho Code, as amended for: TWO Franklin and Linder. Bond & Shelli Campbell fora prelimi- nary plat approval of 5.60 acres zoned R-3 a consecutive weekly ~ single for proposed single family residences •located north of Ustick Road one half mile east of Meridian Road. ' ~ consecutive daily 0 odd skip John & Sandra Goade for preliminary plat approval of 8.29 acres zoned L-O and C-G insertion(s) r proposed Waltman Court Subdivision ocated at Waltman Lane and Sw 5th.. be Innin with the issue of: JUNE 2 3 2000 Sam Johnson-The Maze, LLC for con- ; 9 9 •ditional use permit for proposed corn field ' maze located SE comer 1-84 and South and ending with the issue of: JULY 7 2000 Eagle Road. Merlyn 8 Brandon Schmedcpeper for , ~ :donditional use permit for proposed triplex apartment complex in Old Town located north side of .King between 2nd and 3- ~5treets. US. West Communications for condi- ~T~ional use permit#or proposed addition of j STATE OF IDAHO ) 574 SF to existing 5,715 SF telephone equipment building located at the NE Cor- I )SS ,ner Meridian and Idaho Avenues . Dave Williams for conditional use per-~ COUNTY OF ADA mit for proposed gymnastics, dance and karate instruction zoned I-L located at the On this 7 day of JULY in the year of 2000 before me, a Nota Public, NACmore partiCUlarndesCCptioneoffthe ~ ry personally appeared before me Janice Hildreth above property is on file in the City Clerk's known or identified to me to be the person whose name subscribed to the office at Meridian City Hall, 33 East Idaho Street, and is available for inspection dur- within instrument, and being by me first duly sworn, declared that the state- in9 regular business hours A copy of the application is available ments therein are true, and acknowledged to me that she executed,t~ie same. upon request. Any and all interested per- sons shall be heard at said public hearing ~ and the public is welcome and invited to submit testimony. Pub. Jun. 23, Jul. 7, 2000 !!!! , p t. ~~, Notary Public for Id o ~~~ ~Q. lC ~i~ Residing at: Boise, daho ,.~ ~•`~O~' ~,~~~~~ My Commission expires: 0~0 ~~ i vJ Z10 T.~~ 7, ~Z :* ~~ ~= cP ALB i.IG * •"` •.~. ~ O ,,~~. ~~'••~P ~F ID ~'~, ~~~' 06/20/2000 09:14 2088885052 SANITARY SERVICE PAGE 08 ~" ~ .~ ~. MAYOR HU6 OF TREASURE VALLEY Ro ert .Cowie A Good Place to Live LEGAL, pEPARTME:vT CITY CO C MEiv186RS ~~TY OF MERZD~,AN (20&) UBL1)O Fa.x ?sh.'S01 Ron ., erson 33 LAST IDAHO BUIL,OING DEI'.O4RTMENT Keith Bird MERIDIAN, IDAHO 33642 ('-08) 387-zzi i - Fix ss7. ~~ , Tammy deWccrd ~-~` (203) S8S-a433 - F:vc (208) 837.4813 Cherie McCandless City Clerk Office Fax (208) 8S8-4Zt g PLANNING ANp ZgN~~G DEPAKTy1ENT (Z08) SS~i-55;3 • Fix 8SS-G35d T.RANSMYTTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hafl, Attn: Will Berg, City Clerk by: June 19 2000 TRANSMITTAL DATE: June 8 2000 HEARING DATE: July 11, 2000 FILE NUMBER: CUP-00-038 REQUEST:- Gymnastics dance and karate instruction BY: Dave Williams LOCATION OF PROPERTY OR PROJECT: NE corner Ralstin and E. Commercial - Rallside Business P~~Ir - SALLY NORTON B1LL NARY, P/Z THOMAS BARBEIRO, P/Z ..-,.,-RICHARD HATCHER, P/Z -KEITH BORUP, P/Z ----ROBERT CORRIE, MAYOR _,RON ANDERSON, C/C CHERIE MCCANDLESS, C/C "KEITH BIRD, C/C -TAMMY de WEERD, C/C ,WATER DEPARTMENT EWER DEPARTMENT SANITARY SERVICE ,.,-BUILDING DEPARTMENJ -FIRE DEPARTMENT ,-POLICE DEPARTMENT -„CITY ATTORNEY -CITY ENGINEER ,CITY PLANNER JUN 20 '00 09 23 MERIDIAN SCHOOL DISTRICT MERIDWN POST OFFICE(PRELIM l~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO,(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM ~ FINAL) YOUR CONCISE REM S• 2088885052 PAGE.08 HUB OF TREASURE VALLEY MAYOR ^ A Good Place to Live LEGAL DEPARTMENT Robert D. Cowie ('-Og) 1$$_7499 • Fax 288-201 CITY OF MERIDIAN W CITY COUNCIL MEMBERS PUBLIC ORKS Ron Anderson 33 IJAST IDAHO BUILDING DEPARTMENT (208) 887-221 I • Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (203) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Oftice Fax (208) 888-4218 ~ DEPARTMENT (_08) 88d-533 • Fax 888-684 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN BY To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 19. 2000 TRANSMITTAL DATE: June 8, 2000 HEARING DATE: July 11, 2000 FILE NUMBER: CUP-00-038 I~EOI~EST: Gymnastics, dance and karate instruction Dave Williams LOCATION OF PROPERTY OR PROJECT: NE corner Ralstin and E. Commercial - Railside Business Park .~.... - -- - SALLY NORTON _ .: .~~6_ - -- MERIDIAN SCHOOL DISTRICT .~-. BILL NARY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT RICHARD HATCHER, P/Z COMMUNITY PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT CHERIE McCANDLESS, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) _ ~AMMY de WEERD, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) _SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT -/~S `~ CISE REMARKS ~o _FIRE DEPARTMENT ~~ . : , YOUR CON POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER J U ~ 2 0 200 RG C~J ~~D JUN ~ ? 2~~7 M~;i~t~,, City WateC Slij)eIitil~iltl+t?T1t HUB OF TREASURE VALLEY .-• MAYOR Robert D Cowie A Good Place to Live LEGAL DEPARTMENT . CITY OF MERIDIAN ~ ~ • (_08)233-_4)) Fax 288-201 CITY CO~NCtL MEMBERS PUBLIC WGRICS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (2os) 837-22u • Fax 88~-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg,. City Clerk by: June 19, 2000 TRANSMITTAL DATE: June 8,2000 HEARING DATE: July 11, 2000 FILE NUMBER: CUP-00-038 REQUEST: Gymnastics, dance and karate instruction BY: Dave Williams LOCATION OF PROPERTY OR PROJECT: NE corner Ralstin and E. Commercial - Railside Business Park -SALLY NORTON BILL NARY, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT RE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) j~ECEIVEj) JUN 1 3 2000 CITY OF MERIDIAN CITY CLERK OFFICE ~0 ' EBtid MAYOR Robert D. Comic CITY COUNCIL MEMEERS Ron Anderson Keith t3ird Tammy do Weerd Cherie McCsndles~ 33 EAST IDAHO ' ~ NIEItIpIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-x813 Ciry Clerk Office Fax (203) 8S8-4218 of~ i~'Ieria ~, . ,~, SS :80 00 ~ ~Z Nflf LEGAL pEPARTNIENT (2U8) 2SS-2x99 - F:IX ZS8-25U I PUBLIC WORKS BUILDING DEPARTMENT (20S) SS?-22! l • Fa.x SS?-129? PLANNING nND ZONING DEPARTMENT (20S) SSa.55S3 • Fax 8S3-GSSa TRANSMITTAL TO AGENCIES FOIL CONZMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OE MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: _ June 19, 2000 TRANSMITTAL DATE: June 8, 2000 HEARING DATE: Ju1~11, 2000 FILE NUMBER: CUP-00-038 REQUEST: Gymnastics, dance and karate instruction BY: Dave Williams LOCATION OF PROPERTY OR PROJECT: NE corner Ralstin and E. Commercial - Railside Business Park -SALLY NORTON BILL NARY, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P!Z ROBERT CORRIE, MAYOR ~RON ANDERSON. C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C!C TAMMY de WEERD, C/C _~A/ATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE +BUILDING DEPARTMENT FIRE DEPARTMENT _?DEICE DEPARTMENT CITY ATTORNEY !CITY ENGINEER CITY PLANNER bbL0b88802 --^-. HUB OF TREASURE VA,LG,EY A Good Placc to Livt CITY OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U,S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: -=-. ass ~~~~~~ ~_3 ~ ~ ~d95~. a 3 DAVE WILLIAMS-GYI~TASTICS CENTER PROPERTY OWNERS WITHIN 300' SWCR INC 851 E ANTILLES CRT MERIDIAN ID 83642-0000 701 N RALSTIN ST PARADIS DANIEL L & PARADIS KATHLEEN J 7737 MOSSY CUP BOISE ID 83709-0000 700 N RALSTIN ST ARTCO L L C 5907 LUBKIN ST BOISE ID 83704-0000 649 N RALSTIN ST ELKHORN PROPERTIES LLC 650 N RALSTIN MERIDIAN ID 86342-0000 HIGH BRIDGE L C 4445 LINDA VISTA LN BOISE ID 83704-0000 1380 E COMMERCIAL AVE UNITED ASSOC OF JOURNEYMAN AND APPRENTICE OF THE PLUMBING 575 N RALSTIN ST MERIDIAN ID 83642-0000 WITTLAKE DONALD L & WITTLAKE JUDY 10768 W ASHBURTON DR BOISE ID 83709-0000 1433 E COMMERCIAL AVE H2C2 & ASSOCIATES LLC 6190 S TARREGA LN MERIDIAN ID 83642-0000 1471 E COMMERCIAL AVE MORROW WALTER W & MORROW CORRINE L PO BOX 770 MERIDIAN ID 84680-0700 1535 E COMMERCIAL AVE ANDERSON/LOCKWOOD FOUNDATION L L C 1830 BROADMOOR DRIVE SEATTLE WA 98112-0000 645 N NOLA RD ANDERSON LUMBER COMPANY 4700 HARRISON BLVD OGDEN UT 84403-4305 E PINE AVE ~ ~ r _ ~ _ _ "~ ,.,~ o m Z v, a- 1 I -' A W N ~ ~ I C5 v I I I ~ CTi A I W N ~ r J o Z D W ~ c cnQ m m d ~ a~ O> j m o ~ ~ m a m m ~ v m y ~ `~ m ZD a ~~ rn ~ ~ , ~~ ~ n p ~ ~ ~ ~ ~ ~ N N N N N ~ N ~ N ~ `D m ? p a w v ~ W ~ ~ N C 1'I ~ FW+ ~A V O ~ ~ a I a n ~ ~ o I I N ~ n y m - '<' Z N C G d Q ~ ~ C p f/i m H \ y (D o ~ 3 ° ~ ~ ~ ~ ~ '<' ~ ~. `C b O ~ t F ~ 1 1 7 x O m d (n i~7~.0 CI d 0~ O tD O G C m d~ T m Ci 4i O N m C ~ a ~ n = p 6 O' A G ~ ~ ~ ~ ~ J d ~ - 3 v, m m y'~g o ~ ?' m n o' a N N ~ -t ~ ~ O m 3_~ G w ~ 7 y (~ O d O J C ~ O '~ ~ W ,~ 3 J y O N ry H m ~ g'$ c ~ ~ m O ° m m a m~j'`~o~ N~ O C d O n, ~ j ~ N C j O d _. Q 2 y 3 m J W d d N~ G O O N ~ m ~ ~ w N ~ % G ~ O $ 3 ~ ?. ~ ~ m m m o $ ~ y 3 a ~ d~ ~ ~ o. L,U y. ~ _ J - ~ ~ J C ~ ~~73~~ =. m H n y c~ a a > ? d ~ a 9 G F Q y _. m - ,i ?oo?~~ 0 "3om~a ° m.~~ 5'x ~yoy~c ~ c m y ~ a `D v J a n_ ~m ~' ~ c ~ c Gm j. _ __O ~ y c 3 w ~ m to o ? ~ O~ D;~~ga J G` ~(nG d J y m ,a ~ G ~. m © N - ~~-I 7 .P' D n C ~ Q (~~ r ~ ~ ~ $~ a Q ~ ~ d ~ N N y p = a ~ ° S ~ ~ ~ 'j.. g ~ ~ 3 ~ ~ S~ ~ ~ 'r ., ~ ~ a ~ ~ n F ~ OOII ~T d F i(ihhh ' F n S $Z° n m m Z 3 C~ ~ G y ~_ `~ d n O d n ^L70~~ d ~ c>S~mx ~ ~c~n~ 0 ~ ~ m ~ d CD N (~ m ti O a T ~ (D ~. • i] ~~~ 1"~1 ~ ~ _ r d~ Y 7 ~ In m c' _ G ~ ~ ~ 2 O ~ ~ ~ fD d - ~~ O D O ~}, -~ ~ O ~~ ` o d m m` t d J X G 1 N C 3° n ^ ^ m JJ n ~ ~ (D m Z ~ ~ d O y G y' ~ C (D ~ ~ 1 C '`, F Q ~~ n ~ ~ m m n ? ~ N D ~ OT f7 X. tD ~ - ~ ~ N m n L~;~ G n' T O~ o:n~~ m ~ Ill O 7 (D ~ m 2 m y ~, o m T ~ fli O T ~ ~ ~ ~ ~ ~ ~ N. () ~ N C m O N ~ N .ludy Peavey-Derr, President 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us June 26, 2000 TO: David Williams 4124 N. Westview Way Boise, ID 83704 SUBJECT: MCUP-00-038 Gymnastics Academy 1530 E. Commercial Ave. The Ada County Highway District (ACRD) staff has received and reviewed the application and site plan for the item referenced above. ACRD does not have any site improvement requirements at this time. The ACRD Commission will not hear this item unless the site plan is changed in such a manner as to require Commission review. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived in writing by the District. Contact Ms. Joyce Newton for payment of possible road impact fees prior to building construction in accordance with Ordinance #193, also known as the Ada County Highway District Road Impact Fee Ordinance. If you have any questions, please feel free to contact at (208) 387-6177. Sincerely, Penelope L. Constantikes Development Analyst Cc: Planning & Development/Chron/Project File Planning & Development Services-City of Meridian ~ ~ July 7, 2000 MERIDIAN PLANNING & ZONING MEETING: July 11.2000 APPLICANT: DAVE WILLIAME ITEM NUMBER: 8 REQUEST: CONDITIONAL USE FOR PROPOSED GYMNASTICS ACADEMY AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. SEE STAFF COMMENTS CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: SEE COMMENTS CITY BUILDING DEPT: CITY WASTE WATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: SEE COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MAYOR Robert D. Cowie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless MEMORANDUM: HUl3 OF TREASURE VALLEY "~ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 To: Mayor, City Council and Planning & Zoning Commission From: Steve Siddoway, Planner ~,~---- LEGAL DEPARTMENT (208) 288-2499 • Fax 288-3501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 ~JuI~ 6;-200Q . - ~ .v .~ ~ ~_ ~ _ Coco t~ILt- of ile idilr_. Re: Conditional Use Permit for the Meridian Academy of Gymnastics at 1530 E. Commercial Ave., Railside Business Park, by Dave Williams We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY This application requests approval for a gymnastics center in an office/warehouse building (currently under construction) that is owned and managed by Dave Williams in Railside Business Park (zoned I-L). Ordinance 11-8-1, Zoning Schedule of Use Control, does not specifically list gymnastics centers, and the closest matching use listed is `Private Schools', which requires a Conditional Use Permit in the I-L zone. LOCATION & SURROUNDING USES The subject property is at 1530 E. Commercial Ave. in Railside Business Park, Lot 5, Block 1. The lot is generally located south of Pine Street at the intersection of Ralstin and Commercial; and borders the future extension of Locust Grove Road. The lot is currently zoned I-L. The gymnastics center will be one of several tenants in the building. The property is located in an area designated as Existing Urban in the Comprehensive Plan. The surrounding uses follow: North -Existing Traditional Electric office/warehouse building, with southern half of property still undeveloped. South -Commercial Ave., RTEC Corporation, and a vacant lot. East -Future Locust Grove right-of--way and a large vacant parcel. Oak Harbor Freight is northeast of the site. West -Ralstin Street and Plumbers Union building. GENERAL COMMENTS: Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Merdian Academy of Gymnastics.CUP.doc ~-. ,~ Mayor, Council and P&Z July 6, 2000 Page 2 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.F. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 4. All construction shall conform to the requirements of the Americans with Disabilities Act. SITE SPECIFIC COMMENTS: Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 2. The Schedule of Parking Space Requirements, 11-13-5, does not list gymnastic centers specifically. Nursery schools & day care centers require 1 space per 10 children, plus 1 space per staff member. Staff believes that this parking requirement is the closest fit in the ordinance and will be generally adequate, except during gymnastic meet times. The applicant shall verify that parking is adequate for the proposed gymnastics center, with enough remaining spaces for the future tenants. 3. No signage was submitted with the application. All signage for all tenants in the building is subject to design review and will require separate permits. 4. This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit will need to be submitted and approved by the Zoning Administrator for any new owners/tenants. RECOMMENDATION Staff recommends approval of the application with the conditions noted above. CUP-00-038 MSD Marketing Class.CUP `1.~~.OR ~ NL'B OF TRE.aSL'RE V~ILLEY Rohcrt D. Currie A Guod Place to Live clTl' COUNCIL `IE~IBERS CITY OF MERIT Ron .-~n~lerson 33 EAST IDAHO Keith Bird ~~IERIDI:AN, IDAHO 83642 -~ LEGAL DEPARTMENT )IAN (_03) ~~~-~~~~~~ .Fax '_33_'_501 PUBLIC WORKS - ---~ r-- .-- --.--,--r6UILDING DEPARTMENT -,' t - " " -,,; ('03) 337-2~ I I • Fax 387- I ?97 Tammy deWeerd (203) 333--G-133 • Fax (203) 337-4813 - PLANNING AND ZONING Cherie ~(cCandless City Cferk Oftice Fax (303) 538--1218 ~ ~ ' DEPARTMENT (~03)33a-5533 • Fax 333-G35~ `, -' TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 19, 2000 TRANSMITTAL DATE: June 8, 2000 HEARING DATE: July 11, 2000 FILE NUMBER: CUP-00-038 REQUEST:_ Gymnastics, dance and karate instruction BY: Dave Williams LOCATION OF PROPERTY OR PROJECT: NE corner Ralson and E. Commercial - Railside Business Park -SALLY NORTON BILL NARY, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE _18UILDING DEPARTMENT ~/ FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER C0.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: ~ _ ~Z ~© T~lS ~~.~r [,..~ W~wNs?~ 7'a iu,n.o ~¢Lli 1 ~., f~~ S ,~2.~~~ t~.~ ~~:,~.~ ,~~ y,~ f s~~ „~- -./d-da (..,our2t~ J~tichcuci oCJc~trcct ~~~y ~ ~u„~y-~~~ ~ , rI CJIUCI ll 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us June 26, 2000 TO: David Williams 4124 N. Westview Way Boise, ID 83704 SUBJECT: MCUP-00-038 Gymnastics Academy 1530 E. Commercial Ave. }~E~EIVED CITY OF MERIDIAN CITY r'I FRK (1FFJ(;E The Ada County Highway District (ACRD) staff has received and reviewed the application and site plan for the item referenced above. ACRD does not have any site improvement requirements at this time. The ACRD Commission will not hear this item unless the site plan is changed in such a manner as to require Commission review. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived in writing by the District. Contact Ms. Joyce Newton for payment of possible road impact fees prior to building construction in accordance with Ordinance #193, also known as the Ada County Highway District Road Impact Fee Ordinance. If you have any questions, please feel free to contact at (208) 387-6177. Sincerely, U N~iW~~ Penelope L. Constantikes Development Analyst Cc: Planning & Development/Chron/Project File Planning & Development Services-City of Meridian MAYOR Robert D. Comic CITY COUNCIL MEMBERS Ron Anderson Keidl Bird Tammy deWeerd Cherie McCandless ^1 MERIDIAN, IDAHO 83642 (203) 388-4433 • Fax (203) 387-4313 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT R~ 3-251 PUBLIC WOR~CS ~t ,L~N®>~ARTMENT (208) 857-2211 • Fax 357-1297 CITY (3 ~~~r~'~f'LANNING r1N#3 ~la,N[NG DEP,~RTN1ElV'~ (203) 884-533 • Fax 888-6854 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 19. 2000 TRANSMITTAL DATE: June 8. 2000 HEARING DATE: July 11, 2000 FILE NUMBER HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO CUP-00-038 REQUEST: Gymnastics, dance and karate instruction BY: Dave Williams LOCATION OF PROPERTY OR PROJECT: NE corner Ralstin and E. Commercial - Railside Business Park - SALLY NORTON BILL NARY, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, PIZ KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT _SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: .-~ MAYOR Robert D. Corric C[TY COUNC[L MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless 33 EAST IDAHO MERIDIAN, IDAHO 83642 (203) 888-4433 ~ Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT R~~LIz~~ 5-2soi J PU[3LIC WOR S ~[~.I~N~~4RTMENT (208)857-2~II ax 887-1297 CITY Off' . t ~'~~'j~T'~~ll`11NG ~~?. ING DEPAIt"h (205) 884-533 • Fax 888-G85d TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 19, 2000 TRANSMITTAL DATE: June 8, 2000 HEARING DATE: July 11, 2000 FILE NUMBER: CUP-00-038 REQUEST: Gymnastics, dance and karate instruction BY: Dave Williams LOCATION OF PROPERTY OR PROJECT: NE corner Ralstin and E. Commercial - Railside Business Park -SALLY NORTON BILL NARY, P/Z THOMAS BARBEIRO, P/Z -RICHARD HATCHER, P/Z KEITH BORUP, P/Z -ROBERT CORRIE, MAYOR _RON ANDERSON, C/C CHERIE McCANDLESS, C/C -KEITH BIRD, C/C -TAMMY de WEERD, C/C -WATER DEPARTMENT -SEWER DEPARTMENT -SANITARY SERVICE -BUILDING DEPARTMENT -FIRE DEPARTMENT -POLICE DEPARTMENT CITY ATTORNEY HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: CITY ENGINEER CITY PLANNER CITY OF MERIDIAN /l J JUN 0 1 2000 APPLICATION FOR A CONDITIONAL USE PERMITCITY 0~~ ~LER,IDLa1V PLA'~'NLti'G & ZONING / ~~~/097~c,L~ r '` ~ PHONE • -1~~' S~ GENERAL LOCATION: DESCRIl'TION OF PROPOSED CONDITIONAL USE: S ZONING CLASSIFICATION: -•~~ I certify that the infon;nation contained herein is true and correct. k~ Signature of Applicant Social Security Number S~8S~9D/~' LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GNEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on ~ _.m The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by the property generally descnbed as located at -, for SUBDIVISION, BLOCK ,LOT TO w 17 °o 0 w 0 0 ~~ o v ~ o ~ ~ < ~ ~ ~, 0 `~ ° c ~ y ',~, ~v ~ ~ ~ ~. ~ -' _ . ~. ~ y N o 0 ~ y n ~ ~ C ~ ~ ~ ocus rove ~ z m ,~ 1. Applicants 2. Property owner: 3. Property: Meridian Academy of Gymnastics, Inc. Dave Williams 4124 N. Westview Way Boise, Idaho 83704 208-376-9955 Dave Williams 1530 E. Commercial Ave. Meridian, Idaho 83642 q~E ~ 109 cell. Railside Business Park Meridian, Ada County, Idaho Lot 5, Block 1, T. 3N, R. lE, S. 7 4. Warranty deed and notarized consent of property owner: enclosed 5. Existing Use: none 6. Present property use: under construction 7. Proposed property use: gymnastics, dance and karate instruction. 8. Present zoning: IL -Light Industry 9. vicinity map :enclosed 10. Plan for proposed site - 35 copies in scale of 1"=20' ; 1 - 8 1/2" x 11" copy :enclosed 11. Mailing list of property owners: enclosed 12. Characteristics of property: Beneficial to the city because it will not be a conflict to surrounding businesses or residences. It will be a benefit to community youth and adults who will enjoy the central Iocation with easy access, a Iarge warehouse for accommodating gymnastics equipment, adequate parking, and office space with extra moms for dance and karate instruction. 13. Council fee: enclosed 14. I agree to pay any additional sewer, water, or trash fees or charge , if any ~sociated t ,whether that be residential, commercial, or industrial. Sign~d, i ~~~~ ~, ^r D g O Ir D Z ~ '~. ~ a ----- ~~------ NORTH LOCUST GROVE ROAD (FUTURE) i ~ ~° ~ jF ~~ ~~ rn s+~.{7'\ z c~ 0 cr ~ ~ r~ r- ~7 O O_ n D ~ Z ---~ D ~ oD ~- ~o o r,, C z ~ -+ a ~ ~ o~ D C S ~ O p N O Z ~~~~~ ~ ~~~ r~ ~"$~~~ ~ ~a~ ~=~ ~~~ ~ s a~~b9a ~ ~ ~~ 4~~ D aR ~ w ~ i¢ ~ ~ ~ o~ i as z ~; o~~ .~ °~^ ~o '~ ~ a~ o ~ ~, ~ ~~ ~ yy @@ ~ `~ ~ I ~ X 6 ~ C ~ ~ $.7~~ ~~ § $~S I I cn ^~ - ~~R as ~ ~o - "zsx - .: X d! ~ ~~ao I ~~m o~A im r~o ~ `+~ p 2 p O 4 i ~ I o re. b: S55g ~~ _~- y ~ 7~7y5g ~ b O ~~i~'s~ ~e~<Y ~~ 4usOr ~ I Im ~$S~~ °~7 7:?;fir ~ ~i i ~ ~ ~ Im R~ ~ ~ FRj o I ~ I I ~- n~ ~ a 4AQQ n C ~ ~, b ; ' , Q k I ~i F'~L ~ F ~~~fl `., ~ ~, g@5 ~~--'°~ GG ~ a ~ ~ I ~ ~ ~ ~ a ~ ~ ~ ag~~ V°~ § ~ R ~ 4 ~ ~~a R~~~ ~c' Z ~£ a q~4$BE~a~a~ g~RX ij!i(' ~~F~'~~~~ gp~~~A8~~9 ~V ~e ~"' b4 i~li~i~ 9 fl ~"LL=Cv'~ :, i ~ I' I NORTH RALSTIN STREET C' J ~ `' s l% -L-- ,---- 1 s----; , I I------------~j~------~-' 1.~L b 0 b N K,. S'r,..:c~ +~ //.~ ~~ ~e„~ ~, o~9iy,~ 1 0, 1t Z d -y~ Sly/~ _,-. ~~ i. i....d ~ ~~~~;j _ ~ .~ ' ii ~ - ~ ~I °~ - - - _ -~ - -~-__- ~,. ~Y+„ ___- .~,. ,. ~:.. M. ,. .._ +~ SOUTH ELEVATION ~~ ~~ ~ ~~ ~"'x0O' ~~.~ e ,Q~~w~~f ~v.- S/c~2c~ ~C'~cG ~P~.~~~d li~i+P ~fr /k1 O~~dao,-s}t/i~G . r C~w'~nd~~i~,~'~+~ ~~ S/~/Do I -~'i ni I I it i I ., ~I ~ ~~ i I ~ i I '~i I ~ i it li I i II ~I ~ il~ll III II ~ III I~ ~ ~~I II I~~ I~~ i ~~ l ll ~ I WI' li ~-.I Ilia. WEST EL°VATION ~ NwORTH E~ LEy x f ~i liul~~ I illll i'li j I I nil I~`i ~ iii i l i ii 'i ~~IIIIIIIII~ i~ i ~ ~I Ili I I~ Dill I I .!I Ali il~~! °~ ti ~ i III it ~] ~ i i ~~,i ~ ~i Ili it I~ '. EAST ELEVATION ~ B ll/ BIG DHUfGDH R9 INC. J / • ~ P~nYnr~l . JJ JLLJ Offke 888-2068 ~V~lI~YQ~pQ ^`u^a~ '~ '^.n..~,...u.,on........ BMt•ER 9ionw..d ~,,. ¢ nne P~,~~ ELEV,ITIONS ~~~'a", ~ ass icMao "~ p,,, , ~' , 5( A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY 8151 W. Rifleman Ave /Boise, Idaho 83704 / (208) 377-2700 P 175027 SO ~ (~(~ ~~ ~'.}'l' ,~t~e~; WARRANTY DEED (CORPORATE FORM) RAILSIDE DEVELOPMENT, INC., an Idaho Corporation organized and existing under the laws of the State of Idaho, with its principal office at , a corporation grantor, hereby CONVEYS or GRANTS and WARRANTS TO of County of ADA , State of Idaho, ~~77 7' ~ ~~~+ DAVID R. WILLIAMS ~-r3cl-~~R{~I~-{~. -,T~-c~s~C~-j+~3:-~-- ~"''T1't~'-~v-r~-rm--~jEc~-1TTg-~JZrt'I'r-~II~~"3Trt}'--~-a~- and CAROL A. WILLIAMS, Husband and-Wife of 4124 Westview Way, Boise, ID 83704 grantee TEN DOLLARS AND NO/100 for the sum of the following described tract(s) of land in Ada DOLLARS, LOT 5 IN BLOCK 1 OF RAILSIDE PARK SUBDIVISION ACCORDINGtaTOfTHE OFFICIAL PLAT THEREOF, FILED IN BOOK 73 OF PAGES 7561 AND 7562, RECORDS OF ADA COUNTY, IDAHO. REC4P,DED-RE4tJEST QF :`tl~., rtJUNTY RECORDER 1, i'~,1~ip ~~?~,'~ARRO ,r'rr- in,1~,7 FEE DEPUTY_ 1999 ~E ~ I ~l~ z~ ~~ 9 9 0 ~ 3 ~ 2 2 _. P~QNEER TITLE Location of above described property 1 530 F _ CnmmP,-~; ai n„o House No. Street The officers who sign this deed hereby certify that this deed and the transfer represented thereby was duly authorized under a resolution duly adopted by the board of directors of the grantor at a lawful meeting duly held and attended by a quorum. In witness whereof, the grantor has caused its corporate name and seal to be hereunto affixed by its duly authorized officers this day of , A.D. 1999 9TH FEBRUARY RAILSIDE DEVELOPMENT INC. (CORPORATE NAME) By. onald C. Yanke ~C~ /f~ ~ ~' ~ PRESIDENT Attest: ~%~`'~-" -v ----~ ,,,~ / F~chard D. Heaton SECRETARY From: Ted and Cindy Williams [akawilyums@netscape.net] Sent: Thursday, May 11, 2000 9:20 AM To: Steve Siddoway Subject: Re: [FW: Gymnastics Center CUP] Steve, There is a problem with getting the information in a timely manner from Union Pacific. I spoke with a Mary Jackson in Omaha, Nebraska who said she is swamped and needs two to three weeks to get me the request of permission from her. She said that Meridian Auto does have the right to sublease and it states that as well as the fact that improvements can be made to the property in their contract together. She says that John from Meridian Auto has a list of what their parameters for improvements are to those right of ways, i.e. distance trees have to be from the tracks. Anyway, I feel like I am caught in another hole and I don't really understand why a copy of their agreement listing these things and notarized intent to sublease from Meridian Auto will not suffice for the application. Please let me know your suggestions. Also, I do not have Shari's address, so I need you to forward this to her please. Thank you for your time and trouble, Cindy "Steve Siddoway" <siddowas(c~ci.meridian.id.us> wrote: Cindy, here is Shari's response... Steve -----Original Message----- From: Shari Sent: Tuesday, May 09, 2000 4:38 PM To: Steve Subject: RE: Gymnastics Center CUP No, this will not suffice, as Meridian Automotive has no permission from the City to use the right- of-way, either, and is in the middle of litigation to make him discontinue his use of the property and remove the fence. We need the letter of approval from the property owner, the railroad company. -----Original Message----- Sent: Tuesday, May 09, 2000 3:10 PM To: Shari Cc: 'akawilyums@netscape.net' Subject: Gymnastics Center CUP Shari, I have reviewed the application for the gymnastics/dance/karate studio by Cindy Williams. The application is complete with the exception of the consent of the railroad for the parking area. I called her this afternoon and her conversations to date have with Meridian Automotive. Meridian Automotive holds a current lease for the area, and they plan to sublease from them. Cindy will bring in a copy of the lease between Meridian Automotive and the Railroad, showing railroad permission to pave and plant in the right-of-way; and a letter of intent to sublease from Meridian Automotive. Will this suffice? Also, Cindy is exploring other options in case this site falls through. Finding a warehouse building with open floor space large enough for a gymnastics tumbling mat is next to impossible to find. One potential option lies in Don Asbell's place. Cindy is aware of the issues with Asbell leasing too much space to commercial tenants and wants to know if you would consider a gymnastics studio even as an option, before she spends any real time looking into it. Steve Get your own FREE, personal Netscape WebMail account today at httg://webmail.netscape.com. Steve From: Shari Sent: Tuesday, May 09, 2000 4:38 PM To: Steve Subject: RE: Gymnastics Center CUP No, this will not suffice, as Meridian Automotive has no permission from the City to use the right-of-way, either, and is in the middle of litigation to make him discontinue his use of the property and remove the fence. We need the letter of approval from the property owner, the railroad company. -----Original Message----- From: Steve Sent: Tuesday, May 09, 2000 3:10 PM To: Shari Cc: 'akawilyums@netscape.net' Subject: Gymnastics Center CUP Shari, I have reviewed the application for the gymnastics/dance/karate studio by Cindy Williams. The application is complete with the exception of the consent of the railroad for the parking area. I called her this afternoon and her conversations to date have with Meridian Automotive. Meridian Automotive holds a current lease for the area, and they plan to sublease from them. Cindy will bring in a copy of the lease between Meridian Automotive and the Railroad, showing railroad permission to pave and plant in the right-of-way; and a letter of intent to sublease from Meridian Automotive. Will this suffice? Also, Cindy is exploring other options in case this site falls through. Finding a warehouse building with open floor space large enough for a gymnastics tumbling mat is next to impossible to find. One potential option lies in Don Asbell's place. Cindy is aware of the issues with Asbell leasing too much space to commercial tenants and wants to know if you would consider a gymnastics studio even as an option, before she spends any real time looking into it. Steve 06/09/99 0; : 43 FAX 1 206 F~2 9319 VII{ING SEATTLE i'" VII{ING MERIDIAN ~ 001/001 ~°' ' IG ra ~ (Rm a ~ 1 j .ter' --,~ ~~ !~~ _ ...... __ I I r ~ ~ ~ I ( ~ ~~~" ' ~ I ~ i `j~ I , ~ i I j I I i i . ... _. __. __~-~ I k~ .. _ /~ _-_....I ~~._-__ I_.. l _i. .~. ~ i - - '- I i _ . _ ~ i _ --- ,~J- f .. ._ ,. I , f _ ~ _. _. ~,. .. -- ,- I _ I o ~ I .i i I ~ -.... ~ ~ ; i... -r-- ! - --I- -- -_... ~ _ I- -~ __ I ! ' -! , ?_ _..- _ . _ I _. _ .~ - i I ~ ~ ~,. i ~ _ ,, I I In ~ __ ~ ~ ~ I ' 1 i ~ I ~ i..~~ _ _ ; ~ , I ~ ~ ~, , ~ i .. i I _ .... i . ' ~ ~ I ~ ~._~ ._ ~ I f `~ ~ ~~ - -- ~ i ;; f 1 ._ i , _ _ ._. _ _ ,, ~~ _. .... .. ~ ~ - I _~ I ~ i ... __.... I _ _ I . _ ( I ~ I ~ I I ~ I ,' ( , - __I_I . --:_... .- i~ z ---_ ; .._ - -- - - I f j .~ ~: ;- -- --- _ ._ . . o . . _.. ~~ _I '~ I I ~ ~ i .. { _ .~ . . I ~. -~- ~ _~ ~ ~"` _~ . i ~I Ni i ~ ~ I , _i I I _~I ~~ x°'19 _~ I ~ -~-~~- ~ . _ -- i __ ~ I _I ~~A- ,__ _. _ _. __.-- f _~~_ ..- _ ~ I I I I j ~ _. i _I _ ~ ~~ I I i I ' ; - I~ ~` ` _ I I . ~~.. ai I i -I- I_ I t i ~ I__. i -•---- --•--~---- i _z _ _ _... _ . ~, , --- - ... , ,y --{- - -- _ i _ I I ~ I i_. ~ ~ ~. I _-- .; _I_ _._ i i 1 ~ i ~ , ` ._ .... . . I ~ ~ ~I ~ i s ~ I `I i o7i-- r- i .' I I . ~ _I ~ ~ ~ I ~ I ~ I~ I , ~I j I _~_ . ~ __ ' - I ~ I I_ .I. ~. •,-- _. .. _~~ _ _.1_____` ~ F I ~ ~, ... ~ ~ ~ _ f I I! I I I~ I f ,` i ~~ ~~~ j ~~ I i! i I . _. ~' I I i __.._-.... _...._. _ I ~ ~ _ __ _ ..... I I- I i ' I ~ ~ .r I_ ~ _ _.- I - I _~ _-- ~ I_ i _I F f _ I I _I. ~I ~ _ _ _ i ~_i . f i l "`~ Steve /'~ From: Steve on behalf of Steve Siddoway [siddowas@ci.meridian.id.us] Sent: Tuesday, May 09, 2000 3:10 PM To: Shari Cc: 'akawilyums@netscape.net' Subject: Gymnastics Center CUP Shari, I have reviewed the application for the gymnastics/dance/karate studio by Cindy Williams. The application is complete with the exception of the consent of the railroad for the parking area. I called her this afternoon and her conversations to date have with Meridian Automotive. Meridian Automotive holds a current lease for the area, and they plan to sublease from them. Cindy will bring in a copy of the lease between Meridian Automotive and the Railroad, showing railroad permission to pave and plant in the right-of-way; and a letter of intent to sublease from Meridian Automotive. Will this suffice? Also, Cindy is exploring other options in case this site falls through. Finding a warehouse building with open floor space large enough for a gymnastics tumbling mat is next to impossible to find. One potential option lies in Don Asbell's place. Cindy is aware of the issues with Asbell leasing too much space to commercial tenants and wants to know if you would consider a gymnastics studio even as an option, before she spends any real time looking into it. Steve ,...,~ City of Meridian Conditional Use Permit Application Checklist ~, Applicant• `~ !h Project: ~~~~~~~~~~~~ Item. No. Description Comments ~ 1. A plicant contact information 2. Pro erty owner contact information 3. Legal descri tion d' 4.a. Warrant deed recorded) ~' 4.b. Notarized consent of ro ert owner 5. Descri tion of existing use (buildin use) /' 6. Present use of property (other land use) 7. Pro osed use of ro ert r 8. Zone of ro ert 9. Vicinity ma - 30 co ies referred scale 1"=300') 10. Site lan (scale of not less than 1"=50') - 35 copies ~`" 10.a. Buildin location(s) *~ 10.b. Parkin and loadin areas ~-` 10.c. Traffic access drives ~~~ 10.d. Traffic circulation patterns ~~~' l O.e. O en/common s aces a 10.f. ,~_, _ 4~,.,~ _ ~,,~ „~ „~ ~~ Landsca e lan ~,,' .. ~ ~ "° tg~ '' ~: 10. Refuse & service areas l 0.h. Utilities lan, includin a~w` r f,~, ,. ~E °~t -Sewer - Water - Irri ation - Storm draina e 10.i. Signage (number, location, overall dimensions -elevations referred, not required) c: ~,,~ 10.'. 8'/z" x 11" co of site lan -°`"~ 10.k. Buildin elevations (front, rear and sides) 10.1. Construction materials (may be included on elevations drawing) -' 11. Surroundin ro ert mailin addresses 12. Characteristics of roe that make conditional use desirable /' 13. A lication and mailin fee 14. Additional services statement 15. A lication verification statement ~-~ 16. Postin of ro erty affidavit Date: '_l~l fib ~~ C:\P&Zadm in\CUPCheckl ist2 `"~ City of Meridian Conditional Use Permit Application Checklist Applicant: V W~~~~s Date: ~/~/ ~°=-' i " !~ i cfa ~ r~ /'iC dGh~n. n1~ G (e-.~. n a.~~ t_ ~S Item No. Description Comments (~) 1. A licant contact information 2. Pro e owner contact information 3. Le al descri tion 4.a. Warranty deed (recorded) 4.b. Notarized consent of roe owner 5. Descri tion of existin use uildin use) ~. 6. Present use of ro ert other land use ,~ 7. Pro sed use of roe ~,i 8. Zone of ro ert 9. Vicinit ma - 30 copies referred scale 1"=300' 10. Site lan (scale of not less than 1"=50') - 35 copies ~ ' 10.a. Buildin locations 10.b. Parkin and loadin areas 10.c. Traffic access drives 10.d. Traffic circulation atterns 10.e. O en/common s aces 10.f. Landsca e lan 10. Refuse & service areas 10.h. Utilities lan, includin ~~f J - Sewer -Water - Irri ation - Storm drainage 10.i. Signage (number, location, overall dimensions -elevations re erred, not re uired) ~~~., ~ ~,~~ ~ ~' 10.'. 8'/Z" x 11" co of site lan 10.k. Buildin elevations rout, rear and sides . ~_ 10.1. Construction materials m be included on elevations drawin :~ 11. Surroundin roe mailin addresses ~; 12. Characteristics of roe that make conditional use desirable 13. A lication and mailin fee ,~ 14. Additional services statement ,/ 15. A lication verification statement ,s' 16. Postin of ro ert affidavit C:\P&Zadm in\CUPCheckl ist2 ,/ .-. ~, BEFORE THE MERIDIAN CITY COUNCIL 08-02-00 IN THE MATTER OF THE APPLICATION OF DAVE WILLIAMS, FOR A CONDITIONAL USE PERMIT FOR GYMNASTICS, DANCE ~ KARATE INSTRUCTION FACILITY IN AN IL ZONE, LOCATED AT 1530 E. COMMERCIAL AVENUE, MERIDIAN, IDAHO Case No. CUP-00-038 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council for public hearing on August 1, 2000, at the hour of 7:30 p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Fact and Conclusions of Law and Recommendation to City Council issued by the Planning and Zoning Commission who conducted a public hearing and having heard and taken oral and written testimony, and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and the Applicant, Dave Williams, appeared and testified, and no one appeared in opposition, and having duly considered the matter and the Planning and Zoning Commission made the following Findings of Fact and Conclusions of Law and FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 Page 1 of 12 .-, Recommendation to City Council, and the City Council having received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW 1. Idaho Code § 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 -^ ~ 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of Meridian City Code § 11-17-2. 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. 5. Prior to granting a conditional use permit in a Light Industrial (I-L) zone, a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5, which provides as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 1, 2000, before the City Council, the first publication appearing and written notice having been. mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the said August 1, 2000, public hearing; and the Applicant, FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at 1530 E. Commercial Ave., Meridian, Idaho. 5. The owner of record of the subject property is Dave Williams of Boise. 6. Applicant is owner of record. 7. :The subject property is currently zoned IL. The zoning district of IL is defined within the City of Meridian Zoning and Development Ordinance, Section 11- 7-2. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 ~.` 8. The proposed application requests a conditional use permit for a gymnastics, :dance and karate instruction facility. The IL zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. -The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The requested conditional use is described in the "SITE LAYOUT PLAN, DESIGNED BY: ALS, DRAWN BY: AC, CHECKED BY: ALS, REV.B, PROJECT: 1142-98, SHEET C1 OF 3, BY: BIG D BUILIDERS, INC., OWNER: DIAMOND PROPERTIES, TREASURE VALLEY ENGINEERS, INC., NEW BUILDING FOR DAVE WILLIAMS", for Dave Williams, developer, for a gymnastics, dance and karate instruction facility, located at 1530 E. Commercial Avenue, Meridian, Idaho, and which property is described as: Lot 5 in Block 1 of Railside Park Subdivision according to the official plat thereof, filed in Boolc 73 of Pages 7561 and 7562, records of Ada County, Idaho. 12. Giving due consideration to the comments received from the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 governmental subdivisions providing services in the City of Meridian planning jurisdiction, as herein provided for in the conditions of approval, public facilities and services required by the proposed development will not impose expense upon the public if the conditions of development, as set forth in the Decision and Order number 2, are found to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. 13. The use proposed within the subject application will in fact, constitute a conditional use as determined by Council action and City Ordinance. 14. The use proposed within the subject application will be subject to the conditions as set forth in the Decision and Order under number 2, and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such use will not change the intended essential character of the same area. 15. The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The use proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 17. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 18. The use proposed within the subject application will not involve uses, activities, 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. 19. Sufficient parking for the proposed use of the property will be provided. 20. :The use will not result in the destruction, loss or damage of natural or scenic features of major importance relating to the property. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the Applicant of the property, is granted a conditional use permit for the proposed application request of a conditional use permit for the operation of a gymnastics, dance and karate instruction facility, located at 1530 E. Commercial Avenue, Meridian, Idaho, and described in the "SITE LAYOUT PLAN, DESIGNED BY: ALS, DRAWN BY: AC, CHECKED BY: ALS, REV.B, PROJECT: 1142-98, SHEET C1 OF 3, BY: BIG D BUILIDER~S, INC., OWNER: DIAMOND FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 ,~ ~' PROPERTIES, TREASURE VALLEY ENGINEERS, INC., NEW BUILDING FOR DAVE WILLIAMS", for Dave Williams, developer, for the development of the aforementioned project, and which property is described as: Lot 5 in Block 1 of Railside Parlc Subdivision according to the official plat thereof, filed in Boolc 73 of Pages 7561 and 7562, records of Ada County, Idaho. 2. The conditional use permit granted herein is subject to the following terms and conditions: Adopt the Recommendations of the Planning Department as follows: 2.1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.F. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.3 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. The Applicant shall be required to have warning signs to vehicle traffic shall be provided and prominently placed on the site to warn of the presence of children on the property. 2.4 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.5 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 .-~, Re-Assessment Agreement with the City of Meridian for all commercial uses. 2.6 The Schedule of Parking Space Requirements, 11-13-5, does not list gymnastic centers specifically. Nursery schools & day care centers require 1 space per 10 children, plus 1 space per staff member. The parking requirement is the closest fit in the ordinance and will be generally adequate, except during gymnastic meet times. The applicant shall verify that parking is adequate for the proposed gymnastics center, with enough remaining spaces for the future tenants. 2.7 No signage was submitted with the application. All signage for all tenants in the building is subject to design review and shall require separate permits. Adopt the recommendations of the Fire Department as follows: 2.8 All codes shall have to be met with particular attention to whether or not a sprinkler system shall be installed because of water fire flow. Adopt the recommendations of Ada County Highway District as follows: 2.9 All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a conformed copy shall be served by the Clerk upon the applicant, the Planning and Zoning Department, Public Works Department and City Attorney and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 ~ ~ NOTICE OF FINAL ACTION 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 may be adversely affected by the issuance or denial of the conditional use permit 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. By action of the City Council at its regular meeting held on the ,~~ day of ~ ~ ~~ - , 2000. ROLL CALL COUNCILMAN ANDERSON VOTED ~ ` f~~ COUNCILMAN BIRD COUNCILMAN deWEERD COUNCILMAN McCANDLESS MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~-~r~~0 FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 VOTED ~`f VOTED ~ VOTED ~ VOTED Page ll of 12 ,--~ ~-. MOTION: A.l'PROVE~ - -- DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. By' ~'~~~ ti Dated: City Clerk msg/Z:\Work\M\Meridian 15360M\Williams CUP038\CUPFfCIsOrdDec FINDINGS OF FACT AND CONCLUSIONS OF LAW USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 G~~IS D~ ~ P~liJ.J s y ~ ' s 1 [1 ~: ~`v, ~ Page 12 of 12 .-. BEFORE THE MERIDIAN CITY COUNCIL 08-02-00 IN THE MATTER OF THE ) APPLICATION OF DAVE WILLIAMS, ) FOR A CONDITIONAL USE PERMIT ) FOR GYMNASTICS, DANCE & ) KARATE INSTRUCTION FACILITY ) IN AN IL ZONE, LOCATED AT ) 1530 E. COMMERCIAL AVENUE, ) MERIDIAN, IDAHO ) CASE NO. CUP-00-038 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 1st day of August, 2000, under the pro~~isions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant/Owner of the property is granted a conditional use permit for the proposed application request of a conditional use permit for the operation of a gymnastics,.dance and karate instruction facility, described in the "SITE LAYOUT PLAN, DESIGNED BY: ALS, DRAWN BY: AC, CHECKED BY: ALS, REV.B, PROJECT: 1142-98, SHEET C 1 OF 3, BY: BIG D BUILIDERS, INC., OWNER: DIAMOND PROPERTIES, TREASURE VALLEY ENGINEERS, INC., NEW BUILDING FOR DAVE WILLIAMS" ,for Dave Williams, developer, for the development of the aforementioned project, and which property is described as: Lot 5 in Block 1 of Railside Park Subdivision according to the official plat thereof, filed in Book 73 of Pages 7561 and 7562, records of Ada County, Idaho. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE I OF 3 DAVE WILLIAMS /CUP-00-038 2. That the above named applicant is granted a conditional use permit for the operation of a gymnastics, dance and karate instruction facility, located at 1530 E. Commercial Avenue, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning Department as follows: 2.1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.F. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.3 All signage shall be in accordance with the standards set forth in Section 11-2- 415 of the City of Meridian Zoning and Development Ordinance. The Applicant shall be required to have warning signs to vehicle traffic shall be provided and prominently placed on the site to warn of the presence of children on the property. 2.4 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.5 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. 2.6 The Schedule of Parking Space Requirements, 11-13-5, does not list gymnastic centers specifically. Nursery schools &. day care centers require 1 space per 10 children, plus 1 space per staff member. The parking requirement is the closest fit in the ordinance and will be generally adequate, except during gymnastic meet times. The applicant shall verify that parking is adequate for the proposed gymnastics center, with enough remaining spaces for the future tenants. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 2 OF 3 DAVE WILLIAMS /CUP-00-038 2.7 No signage was submitted with the application. All signage for all tenants in the building is subject to design review and shall require separate permits. Adopt the recommendations of the Fire Department as follows: 2.8 All codes shall have to be met with particular attention to whether or not a sprinkler system shall be installed because of water fire flow. Adopt the recommendations of Ada County Highway District as follows: 2.9 All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. 3 • The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action o the City Council at its regular meeting held on the -S~~' da of ~ ~ , 2000. y o e D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Departm t and City Attorney. `,`fit,++++,„~n~~~,,,~'~i ~ ~~ ~~ By' ~."~' ~ Dated: ~~~.5~ ~~ ~ ~' ~o '~ City Clerk t SQL msg/Z:\Work\M\Meridian 15360M\Williams CUP038\CUPOrder ~s r ~Q t~, ~`D ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 3 OF 3r~''~n~~~~~«~~~~~~~,``` DAVE WILLIAMS /CUP-00-038 T 1 August 10, 2000 CUP 00-038 MERIDIAN CITY COUNCIL MEETING August 15, 2000 APPLICANT Dave Williams ITEM NO. M REQUEST Findings -Request for Conditional Use Permit for proposed Meridian Academy of Gymnastics for a dance, karate and gymnastics studio in an I-L zone - 1530 E. Commercial Avenue in the Railside Business Park 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: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: ~~ COMMENTS See attached Findings BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ''~ inter ~~~~~~~~ office MEMORANDUM , ~ ~ , ~, ~~~,~ To: William G. Berg, Jr. From: William F. Nichols Subject: DAVE WILLIAMS File No.: CUP-00-038 Date: August 2, 2000 Will: CITY OF MERIDfAN CITY CLERK OFFICE Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS, pursuant to action of the Council at their August 1, 2000, meeting. The Findings will be on the Council's agenda for their August 15, 2000, meeting. I have also attached the original of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT, if the Council approves the FINDINGS. Additionally, please note that I have not heard back from the Planning and Zoning or Public Works Departments with response to these Findings. Please serve copies of both documents upon the Applicant and appropriate. departments. If you have any questions please advise. ms~Z:\Work\M\Meridian 15360M\Williams CUP038\ClkLtrCUPffcls&Order BEFORE THE MERIDIAN CITY COUNCIL 08-02-00 IN THE MATTER OF THE APPLICATION OF DAVE WILLIAMS, FOR A CONDITIONAL USE PERMIT FOR GYMNASTICS, DANCE &. KARATE INSTRUCTION FACILITY IN AN IL ZONE, LOCATED AT 1530 E. COMMERCIAL AVENUE, MERIDIAN, IDAHO Case No. CUP-00-038 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council for public hearing on August 1, 2000, at the hour of 7:30 p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, upon the Findings of Fact and Conclusions of Law and Recommendation to City Council issued by the Planning and Zoning Commission who conducted a public hearing and having heard and taken oral and written testimony, and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and the Applicant, Dave Williams, appeared and testified, and no one appeared in opposition, and having duly considered the matter and the Planning and Zoning Commission made the following Findings of Fact and Conclusions of Law and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 Recommendation to City Council, and the City Council having received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: STATEMENT OF LEGAL AUTHORITY AND JURISDICTION: CONCLUSIONS OF LAW 1. Idaho Code § 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 of 12 USE PERMI'T' SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 ~ ,~.~ 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of Meridian City Code § 11-17-2. 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. 5. :Prior to granting a conditional use permit in a Light Industrial (I-L) zone, a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5, which provides as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 ~''~ "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August I, 2000, before the City Council, the first publication appearing and written notice having been, mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the said August 1, 2000, public hearing; and the Applicant, FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 affected property o~mers, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at 1530 E. Commercial Ave., Meridian, Idaho. 5. The owner of record of the subject property is Dave Williams of Boise. 6. Applicant is owner of record. 7. The subject property is currently zoned IL. The zoning district of IL is defined within the City of Meridian Zoning and Development Ordinance, Section 11- 7-2. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 8. The proposed application requests a conditional use permit for a gymnastics, dance and karate instruction facility. The IL zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The requested conditional use is described in the "SITE LAYOUT PLAN, DESIGNED BY: ALS, DRAWN BY: AC, CHECKED BY: ALS, REV.B, PROJECT: 1142-98, SHEET C 1 OF 3, BY: BIG D BUILIDERS, INC., OWNER: DIAMOND PROPERTIES, TREASURE VALLEY ENGINEERS, INC., NEW BUILDING FOR DAVE WILLIAMS", for Dave Williams, developer, for a gymnastics, dance and karate instruction facility, located at 1530 E. Commercial Avenue, Meridian, Idaho, and which property is described as: Lot 5 in Block 1 of Railside Park Subdivision according to the official plat thereof, filed in Book 73 of Pages 7561 and 7562, records of Ada County, Idaho. 12. Giving due consideration to the comments received from the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 My\ governmental subdivisions providing services in the City of Meridian planning jurisdiction, as herein provided for in the conditions of approval, public facilities and services required by the proposed development will not impose expense upon the public if the conditions of development, as set forth in the Decision and Order number 2, are found to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. 13. The use proposed within the subject application will in fact, constitute a conditional use as determined by Council action and City Ordinance. 14. The use proposed within the subject application will be subject to the conditions as set forth in the Decision and Order under number 2, and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such use will not change the intended essential character of the same area. 15. The use proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The use proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 ,n 17. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 18. The use proposed within the subject application will not involve uses, activities, 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. 19. Sufficient parking for the proposed use of the property will be provided. 20. The use will not result in the destruction, loss or damage of natural or scenic features of major importance relating to the property. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the Applicant of the property, is granted a conditional use permit for the proposed application request of a conditional use permit for the operation of a gymnastics, -dance and karate instruction facility, located at 1530 E. Commercial Avenue, Meridian, Idaho, and described in the "SITE LAYOUT PLAN, DESIGNED BY: ALS, DRAWN BY: AC, CHECKED BY: ALS, REV.B, PROJECT: 1142-98, SHEET C1 OF 3, BY: BIG D BUILIDERS, INC., OWNER: DIAMOND FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 PROPERTIES, TREASURE VALLEY ENGINEERS, INC., NEW BUILDING FOR DAVE WILLIAMS", for Dave Williams, developer, for the development of the aforementioned project, and which property is described as: Lot 5 in Block 1 of Railside Parlc Subdivision according to the official plat thereof, filed in Book 73 of Pages 7561 and 7562, records of Ada County, Idaho. 2. The conditional use permit granted herein is subject to the following terms and conditions: Adopt the Recommendations of the Planning Department as follows: 2.1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.F. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.3 .All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. The Applicant shall be required to have warning signs to vehicle traffic shall be provided and prominently placed on the site to warn of the presence of children on the property. 2.4 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.5 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 ""1 Re-Assessment Agreement with the City of Meridian for all commercial uses. 2.6 The Schedule of Parking Space Requirements, 11-13-5, does not list gymnastic centers specifically. Nursery schools ~ day care centers require 1 space per 10 children, plus 1 space per staff member. The parking requirement is the closest fit in the ordinance and will be generally adequate, except during gymnastic meet times. The applicant shall verify that parking is adequate for the proposed gymnastics center, with enough remaining spaces for the future tenants. 2.7 No signage was submitted with the application. All signage for all tenants in the building is subject to design review and shall require separate permits. Adopt the recommendations of the Fire Department as follows: 2.8 .All codes shall have to be met with particular attention to whether or not a sprinkler system shall be installed because of water fire flow. Adopt the recommendations of Ada County Highway District as follows: 2.9 All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. 3. That :the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a conformed copy shall be served by the Clerk upon the applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 n NOTICE OF FINAL ACTION 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 may be adversely affected by the issuance or denial of the conditional use permit 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. By action of the City Council at its regular meeting held on the day of , 2000. ROLL CALL COUNCILMAN ANDERSON VOTED COUNCILMAN BIRD VOTED COUNCILMAN deWEERD VOTED COUNCILMAN McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 ;'~ MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. By: Dated: City Clerk msg/Z:\Work\M\Meridian 15360M\Williams CUP038\CUPFfCIsOrdDec FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 of 12 USE PERMIT SUBJECT TO CONDITIONS / SAMUEL M. JOHNSON DAVE WILLIAMS /CUP-00-038 ~'1. '-.`~ BEFORE THE MERIDIAN CITY COUNCIL 08-02-00 IN THE MATTER OF THE ) APPLICATION OF DAVE WILLIAMS, ) FOR A CONDITIONAL USE PERMIT ) FOR GYMNASTICS, DANCE & ) KARATE INSTRUCTION FACILITY ) IN AN IL ZONE, LOCATED AT ) 1530 E. COMMERCIAL AVENUE, ) MERIDIAN, IDAHO ) CASE NO. CUP-00-038 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 1st day of August, 2000, under the pro~~isions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant/Owner of the property is granted a conditional use permit for the proposed application request of a conditional use permit for the operation of a gymnastics,.dance and karate instruction facility, described in the "SITE LAYOUT PLAN, DESIGNED BY: ALS, DRAWN BY: AC, CHECKED BY: ALS, REV.B, PROJECT: 1142-98, SHEET C 1 OF 3, BY: BIG D BUILIDERS, INC., OWNER: DIAMOND PROPERTIES, TREASURE VALLEY ENGINEERS, INC., NEW BUILDING FOR DAVE WILLIAMS" ,for Dave Williams, developer, for the development of the aforementioned project, and which property is described as: Lot 5 in Block 1 of Railside Park Subdivision according to the official plat thereof, filed in Book 73 of Pages 7561 and 7562, records of Ada County, Idaho. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 1 OF 3 DAVE WILLIAMS /CUP-00-038 ~, 2. That the above named applicant is granted a conditional use permit for the operation of a gymnastics, dance and karate instruction facility, located at 1530 E. Commercial Avenue, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning Department as follows: 2.1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.F. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.3 All signage shall be in accordance with the standards set forth in Section 11-2- 415 of the City of Meridian Zoning and Development Ordinance. The Applicant shall be required to have warning signs to vehicle traffic shall be provided and prominently placed on the site to warn of the presence of children on the property. 2.4 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.5 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. 2.6 The Schedule of Parking Space Requirements, 11-13-5, does not list gymnastic centers specifically. Nursery schools SL day care centers require 1 space per 10 children, plus 1 space per staff member. The parking requirement is the closest fit in the ordinance and will be generally adequate, except during gymnastic meet times. The applicant shall verify that parking is adequate for the proposed gymnastics center, with enough remaining spaces for the future tenants. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 2 OF 3 DAVE WILLIAMS /CUP-00-038 r-~. 2.7 No signage vas submitted with the application. All signage for all tenants in the building is subject to design review and shall require separate permits. Adopt the recommendations of the Fire Department as follows: 2.8 All codes shall have to be met with particular attention to whether or not a sprinkler system shall be installed because of water fire flow. Adopt the recommendations of Ada County Highway District as follows: 2.9 All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the day of .2000. Robert D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: City Clerk Dated: msg/Z:\Work\M\Meridian 15360M\Williams CUP038\CUPOrder ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 3 OF 3 DAVE WILLIAMS /CUP-00-038 ~l~ ~~ r Meridian Academy of mnastics, Inc. ~~.~~ ,a, .~,~,e. Ste. 105 ian. Idaho 83642 ph~e 8841166 1, ' + ' July as, Zooo Dear Mayor Come and City Council, I am writing you to completely clarify the activities that Meridian Academy of Gymnastics, Inc. will be providing to the people of Meridian and it's surrounding cities. We plan to offer high quality exercise programs for children and adults, as well as an alternative to traditional daycare. We will provide classes in gymnastics, karate, dance, aerobics and kickboxing. We would also like to become licensed through the state to provide childcare, including before and after care for those attending school, and supervised activity for those not on track at the year-round schools. In addition to instructed classes for the adults, we plan to have exercise equipment for the adults to use while their children are in class. We are very excited about the prospects of providing a new facility for our city to enjoy in these areas of exercise without the unwanted drive, as well as a closer facility for those cities to the west of Meridian. Sincerely, Cindy Williams ,~ ~"~ JUIy 24, 2000 CUP 00-038 MERIDIAN CITY COUNCIL MEETING AUg USf 1, 2000 APPLICANT Dave Williams ITEM NO. ~ 4 REQUEST Request for Conditional Use Permit for proposed dance, karate and ymnastics studio in an I-L zone - 1530 E. Commercial Avenue in the Railside Business Park AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See COmmentS dated JUIy 5, 2000 CITY ATTORNEY See attached recommendations CITY POLICE DEPT: CITY FIRE DEPT: See attached CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: See attached CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Materlala presented at pubflc meetings shall become property of the Cffy of Meridian. r1 .--~ Phone: MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless MEMORANDUM: To: From: Re: ""' ~ NUB OF TREASURE VALLEY ~ ~ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Mayor, City Council and Planning & Zoning Commission Steve Siddoway, Planner ~ LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 ~3uIy 6; 200Q - , ~. i`ii`- o,' :1Ie~ icii;i Conditional Use Permit for the Meridian Academy of Gymnastics at 1530 E. Commercial Ave., Railside Business Park, by Dave Williams We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY This application requests approval for a gymnastics center in an office/warehouse building (currently under construction) that is owned and managed by Dave Williams in Railside Business Park (zoned I-L). Ordinance 11-8-1, Zoning Schedule of Use Control, does not specifically list gymnastics centers, and the closest matching use listed is `Private Schools', which requires a Conditional Use Permit in the I-L zone. LOCATION & SURROUNDING USES The subject property is at 1530 E. Commercial Ave. in Railside Business Park, Lot 5, Block 1. The lot is generally located south of Pine Street at the intersection of Ralstin and Commercial; and borders the future extension of Locust Grove Road. The lot is currently zoned I-L. The gymnastics center will be one of several tenants in the building. The property is located in an area designated as Existing Urban in the Comprehensive Plan. The surrounding uses follow: North -Existing Traditional Electric office/warehouse building, with southern half of property still undeveloped. South -Commercial Ave., RTEC Corporation, and a vacant lot. East -Future Locust Grove right-of--way and a large vacant parcel. Oak Harbor Freight is northeast of the site. West -Ralstin Street and Plumbers Union building. GENERAL COMMENTS: 1. Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Merdian Academy of Gymnastics.CUP.doc Mayor, Council and P&Z July 6, 2000 Page 2 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.F. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 4. All construction shall conform to the requirements of the Americans with Disabilities Act. SITE SPECIFIC COMMENTS: 1. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 2. The Schedule of Parking Space Requirements, 11-13-5, does not list gymnastic centers specifically. Nursery schools & day care centers require 1 space per 10 children, plus 1 space per staff member. Staff believes that this parking requirement is the closest fit in the ordinance and will be generally adequate, except during gymnastic meet times. The applicant shall verify that parking is adequate for the proposed gymnastics center, with enough remaining spaces for the future tenants. 3. No signage was submitted with the application. All signage for all tenants in the building is subject to design review and will require separate permits. 4. This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit will need to be submitted and approved by the Zoning Administrator for any new owners/tenants. RECOMMENDATION Staff recommends approval of the application with the conditions noted above. CUP-00-038 MSD Marketing Class.CUP ~~~ WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P. A. ATTORNEYS AT LAW JULIE KLEIN FISCI{II2 WM. F. GIGRAY, I[[ ZOO EAST CARLTON AVENUE POST OFFICE BOY 11 ~0 NANIPA OFFICE 103 NmrrH AVENUE SouTH BRF.'J'1' J. Jo[~aasox D. SnMVEt.7o[m~sox h1ERID1AN, 1DAH0 83680-1150 NANiPA, IDAHO 83653 0247 WaL1AM A. Mo2ROw TEL. 208)466-9272 ~ WILLIAM F. NICHOLS C[-~[srorFffx S. NvE TEr. (208) 288-2499 FAX ( 08) 466-L305 PHILIP A. PETERSON FA.Y (208) 288-2301 S rE•rlaar L. PRUSS PLEASE REPLY To ERIC S. RossMAN V1ERID7AN OFFICE TODD A. RossMAN DAVro M. SwARTLEv TERRENCER WH1'I'E zooo l ls ~~ ~ ~ ~~~~ Ju y , To: Staff A licant CITY OF MERIDIAN pp Affected Property Owner(s) C I Tv r'' c o~ n c c ~ r F Re: Application Case No. CUP-00-038 Hearing Date: August 1.2000 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findin s and Recommendations of the Planning and Zoning Commission shall be presented to the ~ity Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Plannuig and Zoning Commission; and 2. That you carefull complete (be sure it is leg'ble) the Position Statement if you disa ee with the Findings and-Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you pprepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, please present your Position Statement to the City Council at the hearing, along with eight ($) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a ggrroup, it is strongly recommended that one Position Statement be filled out for the group, wFiich can be signed by the representative for the group. Very truly yours, i Attorney' f ' e ly/ ..~. ^, ~..-~ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR GYMNASTICS, DANCE ~ KARATE INSTRUCTION FACILITY Case No. CUP-00-038 RECOMMENDATION TO CITY COUNCIL DAVE WILLIAMS, Applicant 1. The property is located at 1530 E. Commercial Ave., Meridian, Idaho. 2. The owner of record of the subject property is Dave Williams of Boise. 3. Applicant is owner of record. 4. The subject property is currently zoned IL. The zoning district of IL is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.1~ 5. The proposed application requests a conditional use permit for a gymnastics, dance and karate instruction facility. The IL zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT -GYMNASTICS ACADEMY -DAVE WILLIAMS ~-. ~ ~~ ~ proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: Adopt the Recommendations of the Planning Department as follows: 1.1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.F. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.3 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. The Planning and Zoning Commission added a requirement that warning signs to vehicle traffic will be provided and prominently placed on the site to warn of the presence of children on the property. 1.4 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.5 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT -GYMNASTICS ACADEMY -DAVE WILLIAMS .-. r1, ~~ 1.6 The Schedule of Parking Space Requirements, 11-13-5, does not list gymnastic centers specifically. Nursery schools Si day care centers require 1 space per 10 children, plus 1 space per staff member. Staff believes that this parking requirement is the closest fit in the ordinance and will be generally adequate, except during gymnastic meet times. The applicant shall verify that parking is adequate for the proposed gymnastics center, with enough remaining spaces for the future tenants. 1.7 No signage was submitted with the application. All signage for all tenants in the building is subject to design review and will require separate permits. Adopt the recommendations of the Fire Department as follows: 1.8 All codes will have to be met with particular attention to whether or not a sprinkler system should be installed because of water fire flow. ey/Z:\WorkWl~teridian 15360M\Reconunendations\CUP038Williams.wpd RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT -GYMNASTICS ACADEMY -DAVE WILLIAMS ,~1A1~OR ~--..-~ fiC~l3 OF .'7~E.ajURE 4~:-1LLEY r ~ Roherc D Currie A GuOd Place to Live LEG.-1L DEPARTMENT CITY OF MERIDIAN `~°~' ~'~-~~`'`' ~ F~x ,~_,5,,, CITY COUwCfL MEMBERS PUBLIC woRKs Ron.-Anderson 33 C:1ST IDAHO - -- --+ - - ---- -BUILDING DEPARTMENT Keidt Bird MERIDIAN. IDAHO 336~t3 ~ _ -- ~ ~ ~~ (308) 887-'-~1I • Pax 887-1397 Tammy dcWeerd (205) 385-•1-133 • Fax (30S) 387--1313 ~ ,~ PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (205) 588-~t2lS - ~ DEPARTMENT (308) 33-i-533 • Fax 888-G8~-1 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 19, 2000 TRANSMITTAL DATE: June 8, 2000 HEARING DATE: July 11, 2000 FILE NUMBER: CUP-00-038 REQUEST: Gymnastics, dance and karate instruction BY: Dave Williams LOCATION OF PROPERTY OR PROJECT: NE corner Ralstin and E. Commercial - Railside Business Park -SALLY NORTON BILL NARY, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHERIE McCANDLESS, C/C _KEITH BIRD, C/C TAMMY de WEERD, C/C WATER DEPARTMENT -SEWER DEPARTMENT -SANITARY SERVICE _18UILDING DEPARTMENT ~/ FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT COMMUNITY PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER C0.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: ~ , ~2 ~© T~ ! s t~.l r'~ C w.-n l~ ~ u.•- N J J2. 7`O il'LdJ Q ~ ,gC~ s~~ ,~-~ ~~~~~ ~GlLL ~OGLl2~L~ /QG ~l2000L(~ ~L~~l^CC~ Judy Peavey-Derr, President v 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us June 26, 2000 TO: David Williams 4124 N. Westview Way Boise, ID 83704 SUBJECT: MCUP-00-038 Gymnastics Academy 1530 E. Commercial Ave. ,~ ~EI~T~ ~ ' ~ ~ ~~ L~~~C~ CITY OF MERIDIAN CITY r'.l 1=RK nFFICE The Ada County Highway District (ACRD) staff has received and reviewed the application and site plan for the item referenced above. ACRD does not have any site improvement requirements at this time. The ACRD Commission will not hear this item unless the site plan is changed in such a manner as to require Commission review. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived in writing by the District. Contact Ms. Joyce Newton for payment of possible road impact fees prior to building construction in accordance with Ordinance #193, also known as the Ada County Highway District Road Impact Fee Ordinance. If you have any questions, please feel free to contact at (208) 387-6177. Sincerely, U U~N~~ Penelope L. Constantikes Development Analyst Cc: Planning & Development/Chron/Project File Planning & Development Services-City of Meridian .~ ,,,,~ , J,. ~~~~ WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JULIE KI.IIN Flsclmt 200 EAST CARLTON AVENUE NAMPA OFFICE WM F. GtGRAY, III POST OFFtcE BOX 1150 104 NtNTx AVENUE SovTx BI2FNT 7. JOIiTI$ON MERIDIAN, IDAxo 83680-1150 POST OFFICEBOX 247 D. S.4M[III, Jol~soN NAMPA, IDAHO 83653-024'7 WII.LIAM A. Molutow TEL. (208)466-9272 WILtIwM F. NlctiOLS Tn. 208) 288-2499 FAX (308)466-kW5 CI~ISxoPt~lt S. NYE Fwx 0208) 288-2301 PHILIP A. PEfIItSON STIPI~St L. PRUSS PLEASE REPLY TO ERIC S. ROSSMAN iL1ERIDIAN ~~ TODD A.RossMwN DwvrD M. S WARTL6Y TtxRtarcE R WHI'eE July 18, 2000 '~M-,~a~~-h~e~~ '`~ ~,~~ ~_ _,r , , t Cr:.~ To: Staff ~ ~~~`~" Applicant "'Pks.~ 4~r~ec,~°~ e-~ ~• .~~~ Affected Property Owner(s) Re: Appplication Case No. CUP-00-038 Hearutg Date: August 1, 2000 FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findin s and Recommendations of the Planning and Zoning Commission shall be presented to the ~ity Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Plaiuung and Zorung Commission; and 2. That you carefull complete (be sure it is leggi~ble) the Position Statement if You disa ee with the Findings and~2ecommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you pprepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, pplease present your Position Statement to the City Council at the hearing, along with eight (8) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a g~rroup, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly yours, i Attorney' f ' e lye BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR GYMNASTICS, DANCE & KARATE INSTRUCTION FACILITY Case No. CUP-00-038 RECOMMENDATION TO CITY COUNCIL DAVE WILLIAMS, Applicant 1. The property is located at 1530 E. Commercial Ave., Meridian, Idaho. 2. The owner of record of the subject property is Dave Williams of Boise. 3. Applicant is owner of record. 4. The subject property is currently zoned IL. The zoning district of IL is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The proposed application requests a conditional use permit for a gymnastics, dance and karate instruction facility. The IL zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT -GYMNASTICS ACADEMY -DAVE WILLIAMS proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. RECOMMENDATION 1. The Meridian Planning and Zoning Conunission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: Adopt the Recommendations of the Planning Department as follows: 1.1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.F. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.3 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. The Planning and Zoning Commission added a requirement that warning signs to vehicle traffic will be provided and prominently placed on the site to warn of the presence of children on the property. 1.4 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.5 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT -GYMNASTICS ACADEMY -DAVE WILLIAMS i^`. 1.6 The Schedule of Parking Space Requirements, 11-13-5, does not list gymnastic centers specifically. Nursery schools & day care centers require 1 space per 14 children, plus 1 space per staff member. Staff believes that this parking requirement is the closest fit in the ordinance and will be generally adequate, except during gymnastic meet times. The applicant shall verify that parking is adequate for the proposed gymnastics center, with enough remaining spaces for the future tenants. 1.7 No signage was submitted with the application. All signage for all tenants in the building is subject to design review and will require separate permits. Adopt the recommendations of the Fire Department as follows: 1.8 All codes will have to be met with particular attention to whether or not a sprinkler system should be installed because of water fire flow. ey/Z:\Work~l~4teridian 15360M\Recommendations\CUP038Williams.wpd RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT -GYMNASTICS ACADEMY -DAVE WILLIAMS Meridian Planning and Zoning °i"~mission "`~ July 11, 2000 Page 56 - Smith: Were getting their yes. One of the driving forces is there is a federal court ruling requiring US West to provide space in their buildings for independent telephone providers and if they don't provide that space they face fines and all kinds of things. Its difficult to predict how much floor space these other independent telephone companies will request. This will serve those needs as well as additional telephone capacity in Meridian. Borup: Just for the record do we have any public testimony on this application? I see none Commissioners. Hatcher Mr. Chairman I move that we close the public hearing. Norton: I second. Borup: Motion is second to close the public hearing all in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Borup: Would anybody like to do a motion? Norton: Mr. Chairman I would like to move that we recommend approval for Conditional Use Permit for the proposed addition of the 2,574 square-foot to existing 5,715 square- foot telephone equipment building by US West Communications northeast corner of Meridian and Idaho to include all staff comments. Hatcher: I second the motion. Borup: Motion is second any discussion all in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Borup: Any opposed? Thank you. Item No. 8 Public Hearing request for Conditional Use Permit for proposed gymnastics, dance and karate instruction by Dave Williams northeast corner of Ralstin and east Commercial in Railside Business Park 7r~;~: , #..,x Borup: Mr. Hawkins-Clark. Hawkins-Clark: The subdivision is getting built out this crosshatch portion is the building that is the subject of this application, currently being built. Traditional Electric is building on the north half of this lot above it I believe the south half is vacant. Plumbers union is across the street here the future Locust Grove extension is adjacent to the back east portion here that's obviously going to be preserved for Locust Grove extension. The oak Harbor Freight has this parcel here. I don't think there is anything to add as far as the Meridian Planning and Zoning'~'nmission July 11, 2000 Page 57 staff report dated July 6~h we just ask those be incorporated here's photos of the surrounding uses. I would like to point out that those uses are -even those it is zoned light industrial the predominant uses around it are more really office, storage/warehouse and nature. There was some early discussion about the appropriateness of a children's facility gymnastics in a light industrial zone but in terms of the use building the square- footage Ithink they could speak to that as far as total amount of space. That's all I have. Borup: Thank you, would the applicant like to come forward any questions from any of the Commissioners? Would the applicant like to come forward -- anything you would like to add? Staff has recommended approval so any comments or questions on the staff comments. Williams: My name is Dave Williams I am the owner 1530 E. Commercial. Mr. Chairman and Commissioners, the building at 1530 East Commercial is about 80 percent completed. All I'm waiting for right now is my siting we're doing tenant improvements on the interior, all the landscaping, paving et cetera is in place and we're looking to hopefully be able to put occupants into this building the later part of August. This building is 18,720 total square-feet I have 50 parking spaces. You will note that the south portion of the building is all storefront and the north for truck or trailer or what have you parking. Our proposal is that the academy would take 8,240 square feet be somewhat centered in this complex. On the East End of the complex I have a 6,000 square-foot tenant which is a custom cabinet shop with 5 employees. Those employees will be parking they're enclosed small trailers that they haul their tools in the back area which is to the north of the complex. They will have a showroom in the southeast corner of this complex with their offices and so on and that will be for their contractors that they work with and their clients for custom work. That leaves me 4,800 square-foot in the West End of the building so it appears I could possibly have three total tenants possibly four. So I am 80 percent leased if you allow us to put the academy in here. I think its an excellent usage I've talked with my neighbors as you can see none of them are here tonight they did ask if they should be to support this project and this Conditional Use Permit I informed them of staffs recommendation and so they chose not to be here this late with us this evening. I guess beyond that what I can say is that the usage is in an industrial park. But this is really not an industrial park as what I generally find myself leasing such as Meridian Business Park where you do have industrial usage you have a lot of truck traffic in and out and so on. My project is ending up whereas I've going to have very limited trucking in and out that truck traffic will be to the north. As you can see at the northwest corner I have an ingress egress off of Ralstin for that truck traffic they can come at the north of the project back into those overhead doors and also leave heading west out of the project. We have narrow alleyways but the Fire Marshall approved at the east and west ends of the project. So we do have good ingress egress but you'll note that we have two Ada County Highway District approved 30-foot ingress egress at the south that come out to east Commercial and eventually you will be able to head east and hit future Locust Grove. I think it's a great location for these folks I think the kids will be well protected in as much as we're going to have one 12 by 14 foot overhead door at the back of their space. Their space will 103 feet by 80 feet and it that 103 foot at the back at the north that's simply so they can get their equipment in and Meridian Planning and Zoning ^rmission July 11, 2000 Page 58 out. The children will be accessing the project as well as the parents from the south where we have our store frontage. As far as what was commented in the staff level Fire Marshall et cetera this project was permitted with fire sprinklers system. The fire sprinkler system is in place presently all I'll need to do is extend that system to the tenant improvement. The -- beyond that, I think we met ACHD's requirements, et cetera. Any questions? Borup: Any questions for Mr. Williams from the Commissioners? Nary: Mr. Chairman. Borup: Commissioner Nary. Nary: Mr. Williams do you already have a tenant to operate this gymnastics studio? Williams: The president of the Meridian Academy of Gymnastics is with us this evening so they would be the tenant. That's the conditional use application Nary: Okay is this requirement of one space per 10 children plus one space per staff member is that - I don't know how many students they are anticipating having at any given time. Williams: I have 50 parking spaces and that is not counting if I were to put parking spaces right at the north of the building you'll see at the north edge of the property I have approximately 27 parking spaces. Nary: So what you're saying is you have adequate space if you wanted to put some spaces similar to what's on that south side right up against the building you room on the top on the north side. Williams: On the north side yes sir Nary: Maybe the lay can address that I was just curious as to how many students they anticipate at any particular time. Williams: Its my understanding that student wise they could have upwards of 250 to 500 students but at one given time keep in mind what happens here during the daytime you'll have the children that are not in school maybe the younger ones as I understand it. Colleen, are you going to help me out. Nary: Maybe I could tell you where I am going with this so she can address that. I noticed in the staffs comments it said there wasn't anything really comparable and they used this comparable of nursery schools and daycare centers for what this parking requirement is. And my experience with this type of facility is that people tend to stay there verses parents -because the classes are fairly short for the smaller kids. So you don't have a drop off like you would at a nursery school or a daycare where you drop Meridian Planning and Zoning emission ~ July 11, 2000 Page 59 kids off and drive away so the parking isn't quite as vital. Some of the other places that I've been to have probably less parking than you do. I know that people do stay there more so if you have a lot of kids in one session your going to have a whole lot of cars there too at those because people aren't going to drop them off and leave unless they have older children. Williams: The comment I have there and then I'd ask that Colleen who will be running the academy would make some comment. Typically speaking when your going to have the majority of the parents staying to view the children what they're doing. Would typically be on a Saturday and evenings when the other businesses are shut down nobody is there. And so I would have plenty adequate parking without even being on the street. Nary: Well no because your earlier comment was that during the day its going to be the kids who aren't in school so you are going to have -- Williams: Right. Nary: -- people there during the date time when your other businesses are open. Williams: Right and I am going to have Colleen address that state your name. Hatcher: Commissioner Nary the required parking per occupancy is going to be dictated by the building department. Its part of the building permit requirements and its also part of the certificate of occupancy requirements and its really not this boards - we shouldn't even concern ourselves with it that's at a different level. Nary: That shouldn't be in the site-specific comments. Hatcher: The existing building has existing conditions it's the building departments responsibility when issuing out a building permit to adequately -- that the architect will identify what the occupancy is what the occupant load is and what the parking requirements are. And it's the building department's responsibility to make sure that those requirements are met. (Inaudible) dictating what those requirements are in this board and Bruce has something to say. Freckleton: Mr. Chairman, members of the Commission the building department does not set the parking requirements. The zoning ordinance sets the - by the type of use is where the parking requirements come from. Hatcher: Yes my terminology I'm sorry is wrong but again we -the building exists parking exists so it's really - is this an appropriate facility for the existing conditions. Borup: But the amount of parking required is going to vary by the use of the building. Hatcher: And its going to vary by how much square footage the tenant is going to have Meridian Planning and Zoning-~ntmission July 11, 2000 Page 60 Nary: No Mr. Chairman the parking is going to be dictated by the kind of use the building is going to have. To use your example and I know this isn't probably the case - if you had 200 students there at one particular time that use of the building the parking is inadequate (inaudible) address that, that's the reason for my question. Borup: What's the maximum you anticipate at one time? Kelly: What we have now is a 7:1 ratio so every seven children would have one instructor. We are anticipating possibly - I run a little gym right now and I just do one class at a time maybe two classes at a time. Or if one or even both of the classes had 14 kids we're talking 28 kids. Borup: So 28 is what you anticipate being your maximum? Kelly: We said 50 at any one time. Borup: I'm sorry we didn't get your name for the record. Kelly: Iknow - Borup: Could you go ahead and do that. Kelly: -- asking questions. Colleen Kelly I reside at 3801 South Linder in Meridian, Idaho. We do a 7:1 ratio with the pre-schoolers your parents do stay around its usually a 45 minute class. When your pre-schoolers goes up to five years old some of those do leave some of them travel together. So at the current business I do I don't have more than seven cars at any one time and that's staff, everybody. But yes we are maybe we are talking ten,, ten parking spaces and he has 50. If we ever ran a meet we would probably talk to other tenants and try to work around that because that could be -you would maybe have -well it would still be like 40. The USA has a requirement you can have only like 48 entrants in a meet for procession. Borup: What time of day would your meets be? Kelly: Usually if you run a meet it would be Friday Saturday. Borup: So it would be evening and Saturday - Kelly: Friday would be they run days too. Borup: Okay. Kelly: They have dropped off Sunday because of church. So we have kind of waived from Sundays. Meridian Planning and Zoning emission "~ July 11, 2000 Page 61 Borup: So right now you're saying on your normal sessions your saying maybe 28 maximum and three instructors so 30 or so? Kelly: I can't imagine having any more then you really needing. Like right now like I said I've never seen more than seven cars there. So even if we went up to ten cars the only time you do it is when you have an overlap when you have some people dropping off their kids that haven't quite left yet. Borup: Any other questions Mr. Nary? Thank you. Are there any other Commissioners that have any other questions? Norton: I have a question Borup: For? Norton: Mr. Chairman I'm not sure who to address this to one of our applicants. Its regarding having children in the area of industrial, I'm thinking about maybe having some signs some children signs up so those truck driver's know there may be wee ones running through parking lot. I have a concern about safety. Have you addressed that? Williams: We've been talking about those issues as I had mentioned earlier that the truck traffic would be to the north of the property. The way I've set this up just the lay of the building on the lot lins (sic) itself to that. Norton: But also 25 of your parking places are on the same side, is that correct? Williams: Right that's a good point. Colleen and her partner Cindy and I, we've considered that there are things that were going to need to do because there are - at times there is going to be wee ones involved. Little ones there going to be family and kids can be running around and so on. So there are things that I'm going to have to address to cover those issues and signed would be one of those items. Particularly at the West End of the building as you see the flow of the traffic can flow around that building. One benefit we have is they do set off its about 65 feet to the east from that southwest corner. Even so it would be an excellent idea to have some signage up there and tell Federal Express or whoever - Norton: That there's some children in the area. You did not submit a sign with this application so you will be submitting a sign a later date? Williams: Well I'm not sure about this one but I believe under the -what you've addressed just now that would be probably be a condition of the approval of the Conditional Use Permit . I believe on signage we need to go to P&Z and - Norton: That's a separate permit for the signage Meridian Planning and Zoning G~wimission July 11, 2000 Page 62 Williams: Correct for any signage that would be on the property itself. I suppose when you're talking about a sign what you're referring to it would similar to a handicap sign something of that nature. Norton: I guess I `m talking two different signs one for children in the area sign and the other thing since there was no sign submitted with this application regarding the academy you'll being doing a separate permit for an academy sign. Williams: Yes. Borup: Any other questions from the Commission? And since there is no one else in the audience I don't need ask if we have any other public testimony I think. Did we have some discussion or are we -are we ready for a motion. Hatcher: I motion that we close the public hearing. Nary: I second. Borup: Motion second to close the public hearing, all in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Norton: I'm ready to make a motion Mr. Chairman I move that we recommend to City Council to approve the request for a Conditional Use Permit for proposed gymnastics, dance and karate instruction by Dave Williams -northeast corner of Ralstin and east Commercial Railside Business Park to include staff comments in addition to site-specific comment number three to add that warning signs to vehicle traffic shall be prominently placed on the site to warn the presence of children is on the property. Nary: Second. Borup: Motion is second, any discussion? All In favor? MOTION CARRIED: THREE AYES, ONE ABSENT Williams: Thank you. Item No. 9 Recommendation for vacation of public utilities, drainage and irrigation easement along common lot lines Lots 22 and 23 Block 10 Lakes at Cherry Lane No. 6 by Ron Leslie. Borup: Brad. Hawkins-Clark: We received this application just a couple of weeks ago so I do not have any kind of staff report prepared for you. In the packet you did receive something from the applicant right? They're looking to basically just put a single building on two existing Meridian Planning and Zoning Con,..~~ssion July 11, 2000 Page 56 rr, Smith: Were getting their yes. One of the driving forces is there is a federal court ruling requiring US West to provide space in their buildings for independent telephone providers and if they don't provide that space they face fines and all kinds of things. Its difficult to predict how much floor space these other independent telephone companies will request. This will serve those needs as well as additional telephone capacity in Meridian. Borup: Just for the record do we have any public testimony on this application? I see none Commissioners. Hatcher Mr. Chairman 1 move that we close the public hearing. Norton: I second. Borup: Motion is second to close the public hearing all in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Borup: Would anybody like to do a motion? Norton: Mr. Chairman I would like to move that we recommend approval for Conditional Use Permit for the proposed addition of the 2,574 square-foot to existing 5,715 square- foot telephone equipment building by US West Communications northeast corner of Meridian and Idaho to include all staff comments. Hatcher: I second the motion. Borup: Motion is second any discussion all in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Borup: Any opposed? Thank you. Item No. 8 Public Hearing request for Condlt~onal Use Permit for proposed gymnastics, dance and karate instruction by Dave Williams northeast corner of Ralstin and east Commercial in Railside Business Park Borup: Mr. Hawkins-Clark. Hawkins-Clark: The subdivision is getting built out this crosshatch portion is the building that is the subject of this application, currenfly being built. Traditional Electric is building on the north half of this lot above it I believe the south half is vacant. Plumbers union is across the street here the future Locust Grove extension is adjacent to the back east portion here that's obviously going to be preserved for Locust Grove extension. The oak Harbor Freight has this parcel here. I don't think there is anything to add as far as the Meridian Planning and Zoning Commission July 11, 2000 Page 57 staff report dated July 6th we just ask those be incorporated here's photos of the surrounding uses. I would like to point out that those uses are -even those it is zoned light industrial the predominant uses around it are mare really office, storage/warehouse and nature. There was some early discussion about the appropriateness of a children's facility gymnastics in a light industrial zone but in terms of the use building the square- footage Ithink they could speak to that as far as total amount of space. That's all I have. Borup: Thank you, would the applicant like to come forward any questions from any of the Commissioners? Would the applicant like to come forward -- anything you would like to add? Staff has recommended approval sa any comments or questions on the staff comments. Williams: My name is Dave Williams I am the owner 1530 E. Commercial. Mr. Chairman and Commissioners, the building at 1530 East Commercial is about 80 percent completed. All I'm waiting for right now is my siting we're doing tenant improvements on the interior, all the landscaping, paving et cetera is in place and we're looking to hopefully be able to put occupants into this building the later part of August. This building is 18,720 total square-feet I have 50 parking spaces. You will note that the south portion of the building is all storefront and the north for truck or trailer or what have you parking. Our proposal is that the academy would take 8,240 square feet be somewhat centered in this complex. On the East End of the complex I have a 6,000 square-foot tenant which is a custom cabinet shop with 5 employees. Those employees will be parking they're enclosed small trailers that they haul their tools in the back area which is to the north of the complex. They will have a showroom in the southeast corner of this complex with their offices and so on and that will be for their contractors that they work with and their clients for custom work. That leaves me 4,800 square-foot in the West End of the building so it appears I could possibly have three total tenants possibly four. So I am 80 percent leased if you allow us to put the academy in here. I think its an excellent usage I've talked with my neighbors as you can see none of them are here tonight they did ask if they should be to support this project and this Conditional Use Permit I informed them of staffs recommendation and so they chose not to be here this late with us this evening. I guess beyond that what I can say is that the usage is in an industrial park. But this is really not an industrial park as what I generally find myself leasing such as Meridian Business Park where you do have industrial usage you have a lot of truck traffic in and out and so on. My project is ending up whereas I've going to have very limited trucking in and out that truck traffic will be to the north. As you can see at the northwest corner i have an ingress egress off of Ralstin for that truck traffic they can come at the north of the project back into those overhead doors and also leave heading west out of the project. We have narrow alleyways but the Fire Marshall approved at the east and west ends of the project. So we do have good ingress egress but you'll note that we have two Ada County Highway District approved 30-foot ingress egress at the south that come out to east Commercial and eventually you will be able to head east and hit future Locust Grove. I think it's a great location for these folks I think the kids will be well protected in as much as we're going to have one 12 by 14 foot overhead door at the back of their space. Their space will 103 feet by 80 feet and it that 103 foot at the back at the north that's simply so they can get their equipment in and Meridian Planning and Zoning Ca„mission July 11, 200 Page 58 out. The children will be accessing the project as well as the parents from the south where we have our store frontage. As far as what was commented in the staff level Fire Marshall et cetera this project was permitted with fire sprinklers system. The fire sprinkler system is in place presently all I'll need to do is extend that system to the tenant improvement. The -- beyond that, I think we met ACHD's requirements, et cetera. Any questions? Borup: Any questions for Mr. Williams from the Commissioners? Nary: Mr. Chairman. Borup: Commissioner Nary. Nary: Mr. Williams do you already have a tenant to operate this gymnastics studio? Williams: The president of the Meridian Academy of Gymnastics is with us this evening so they would be the tenant. That's the conditional use application Nary: Okay is this requirement of one space per 10 children plus one space per staff member is that - I don't know how many students they are anticipating having at any given time. Williams: I have 50 parking spaces and that is not counting if I were to put parking spaces right at the north of the building you'll see at the north edge of the property I have approximately 27 parking spaces. Nary: So what you're saying is you have adequate space if you wanted to put some spaces similar to what's on that south side right up agains# the building you room on the top on the north side. Williams: On the north side yes sir. Nary: Maybe the lay can address that I was just curious as to how many students they anticipate at any particular time. Williams: Its my understanding that student wise they could have upwards of 250 to 500 students but at one given time keep in mind what happens here during the daytime you'll have the children that are not in school maybe the younger ones as I understand it. Colleen, are you going to help me out. Nary: Maybe I could tell you where I am going with this so she can address that. I noticed in the staff's comments it said there wasn't anything really comparable and they used this comparable of nursery schools and daycare centers for what this parking requirement is. And my experience with this type of facility is that people tend to stay there verses parents -because the classes are fairly short for the smaller kids. So you don't have a drop off like you would at a nursery school or a daycare where you drop Meridian Planning and Zoning Ca~~mission July 11, 2000 Page 59 kids off and drive away so the parking isn't quite as vital. Some of the other places that I've been to have probably less parking than you do. 1 know that people do stay there more so if you have a lot of kids in one session your going to have a whole lot of cars there too at those because people aren't going to drop them off and leave unless they have older children. Williams: The comment I have there and then I'd ask that Colleen who will be running the academy would make some comment. Typically speaking when your going to have the majority of the parents staying to view the children what they're doing. Would typically be on a Saturday and evenings when the other businesses are shut down nobody is there. And so I would have plenty adequate parking without even being on the street. Nary: Well no because your earlier comment was that during the day its going to be the kids who aren't in school so you are going to have -- Williams: Right. Nary: -- people there during the date time when your other businesses are open. Williams: Right and I am going to have Colleen address that state your name. Hatcher: Commissioner Nary the required parking per occupancy is going to be dictated by the building department. Its part of the building permit requirements and its also part of the certificate of occupancy requirements and its really not this boards - we shouldn't even concern ourselves with it that's at a different level. Nary: That shouldn't be in the site-specific comments. Hatcher: The existing building has existing conditions it's the building departments responsibility when issuing out a building permit to adequately -- that the architect will identify what the occupancy is what the occupant load is and what the parking requirements are. And it's the building department's responsibility to make sure that those requirements are met. (Inaudible) dictating what those requirements are in this board and Bruce has something to say. Freckleton: Mr. Chairman, members of the Commission the building department does not set the parking requirements. The zoning ordinance sets the - by the type of use is where the parking requirements come from. Hatcher: Yes my terminology I'm sorry is wrong but again we -the building exists parking exists so it's really - is this an appropriate facility for the existing conditions. Borup: But the amount of parking required is going to vary by the use of the building. Hatcher: And its going to vary by how much square footage the tenant is going to have. Meridian Planning and Zoning Co~~~mission July 11, 2000 Page 60 Nary: No Mr. Chairman the parking is going to be dictated by the kind of use the building is going to haue. To use your example and I know this isn't probably the case - if you had 200 students there at one particular time that use of the building the parking is inadequate (inaudible) address that, that's the reason for my question. Borup: What's the maximum you anticipate at one time? Kelly: What we have now is a 7:1 ratio so every seven children would have one instructor. We are anticipating possibly - I run a little gym right now and 1 just do one class at a time maybe two classes at a time. Or if one or even both of the classes had 14 kids we're talking 28 kids. Borup: So 28 is what you anticipate being your maximum? Kelly: We said 50 at any one time. Borup: I'm sorry we didn't get your name for the record. Kelly: (know - Borup: Could you go ahead and do that. Kelly: -- asking questions. Colleen Kelly I reside at 3801 South Linder in Meridian, Idaho. We do a 7:1 ratio with the pre-schoolers your parents do stay around its usually a 45 minute class. When your pre-schoolers goes up to five years old some of those do leave some of them travel together. So at the current business I do I don't have more than seven cars at any one time and that's staff, everybody. But yes we are maybe we are talking ten, ten parking spaces and he has 50. If we ever ran a meet we would probably talk to other tenants and try to work around that because that could be -you would maybe have -well it would still be like 40. The USA has a requirement you can have only like 48 entrants in a meet for procession. Borup: What time of day would your meets be? Kelly: Usually if you run a meet it would be Friday Saturday. Borup: So it would be evening and Saturday - Kelly: Friday would be they run days too. Borup: Okay. Kelly: They have dropped off Sunday because of church. So we have kind of waived from Sundays. :~ Meridian Planning and Zoning Crn~~mission July 11, 2000 Page 61 r+, Borup: So right now you're saying on your normal sessions your saying maybe 28 maximum and three instructors so 30 or so? Kelly: I can't imagine having any more then you really needing. Like right now like I said I've never seen more than seven cars there. So even if we went up to ten cars the only time you do it is when you have an overlap when you have some people dropping off their kids that haven't quite left yet. Borup: Any other questions Mr. Nary? Thank you. Are there any other Commissioners that have any other questions? Norton: I have a question. Borup: For? Norton: Mr. Chairman I'm not sure who to address this to one of our applicants. Its regarding having children in the area of industrial, I'm thinking about maybe having some signs some children signs up so those truck driver's know there may be wee ones running through parking lot. I have a concern about safety. Have you addressed that? Williams: We've been talking about those issues as I had mentioned earlier that the truck traffic would be to the north of the property. The way I've set this up just the lay of the building on the lot lins (sic) itself to that. Norton: But also 25 of your parking places are on the same side, is that correct? Williams: Right that's a good point. Colleen and her partner Cindy and I, we've considered that there are things that were going to need to do because there are - at times there is going to be wee ones involved. Little ones there going to be family and kids can be running around and sa on. So there are things that I'm going to have to address to cover those issues and signed would be one of those items. Particularly at the West End of the building as you see the flow of the traffic can flow around that building. One benefit we have is they do set off its about 65 feet to the east from that southwest corner. Even so it would be an excellent idea to have some signage up there and tell Federal Express or whoever - Norton: That there's some children in the area. You did not submit a sign with this application so you will be submitting a sign a later date? Williams: Well I'm not sure about this one but I believe under the -what you've addressed just now that would be probably be a condition of the approval of the Conditional Use Permit . I believe on signage we need to go to P&Z and - Norton: That's a separate permit for the signage. Meridian Planning and Zoning Con...,ssion July 11, 2000 Page 62 r Williams: Correct for any signage that would be on the property itself. I suppose when you're talking about a sign what you're referring to it would similar to a handicap sign something of that nature. Norton: I guess I `m talking two different signs one for children in the area sign and the other thing since there was no sign submitted with this application regarding the academy you'll being doing a separate permit for an academy sign. Williams: Yes. Borup: Any other questions from the Commission? And since there is no one else in the audience I don't need ask if we have any other public testimony l think. Did we have some discussion or are we -are we ready for a motion. Hatcher: I motion that we close the public hearing. Nary: I second. Borup: Motion second to close the public hearing, all in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Norton: I'm ready to make a motion Mr. Chairman I move that we recommend to City Council to approve the request for a Conditional Use Permit for proposed gymnastics, dance and karate instruction by Dave Williams -northeast comer of Ralstin and east Commercial Railside Business Park to include staff comments in addition to site-specific comment number three to add that warning signs to vehicle traffic shall be prominently placed on the site to warn the presence of children is on the property. Nary: Second. Borup: Motion is second, any discussion? All In favor? MOTION CARRIED: THREE AYES, ONE ABSENT Williams: Thank you. item No. 9 Recommendation for vacation of public utilities, drainage and irrigation easement along common lot lines Lots 22 and 23 Block 10 Lakes at Cherry Lane No. 6 by Ron Leslie. Borup: Brad. Hawkins-Clark: We received this application just a couple of weeks ago so I do not have any kind of staff report prepared for you. In the packet you did receive something from the applicant right? They're looking to basically just put a single building on two existing deWeerd: Second. Corrie: Motion made and seconded to have the attorney draw up the Findings of Facts and Conclusions of Law for the Request of a Conditional Use Permit, Item No. 13 with the approval and draw up the proper forms. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Item 74. CUP 00-038 Request for Conditional Use Permit by Dave Williams for proposed Meridian Academy of Gymnastics for a dance, karate and gymnastics studio currently in an I-L zone - 1530 E. Commercial Avenue in the Railside Business Park: Corrie: Okay, now 14, Request for Conditional Use Permit by Dave Williams for proposed Meridian Academy of Gymnastics for a dance, karate and gymnastics studio currently in an I-L zone-1530 East Commercial Avenue in the Railside Business Park. Staff, comments. Stiles: Mr. Mayor and Council, this is an application for a gymnastics facility in an I-L zone. We don't have any designation for a gymnastics facility, but it fall most closely under private schools definition which does require a Conditional Use Permit. This property is in the Rail Side Subdivision and ,there was one notation made by Brad Hawkins Clark on the recommendations to the City Council on this project. Commissioner Norton had requested additional signage stating child play area, or something similar, I'm not real sure that's necessary here, but, it seems to be a good use for industrial area, it's worked well for Wings over in Boise and staff would recommend approval with the conditions noted by Planning and Zoning Commission. Corrie: Any questions? Bird: I have none. Corrie: Applicant? I think he went home. Williams: My name is Dave Williams, 4124 North West Vew Way, Boise, Idaho. Mayor Corrie, City Council members, I'm the owner of the subject property at 1530 East Commercial Avenue. This building and project is 80% complete, landscaping is in, we're ready to finish the siding. The proposed tenant improvement has been constructed under my name because I kind of liked the way this facility was going to lay out. This is going to be a wonderful facility. My neighbors to the north of me are Traditional Electric, and the neighbors wife can't ~ .-,. wait until this gymnastics goes in, we have several people who have indicated that they're thrilled that they're going to have a gymnastics karate facility that wil! be this close, rather than have to go to the xyz, way down in Boise. What we have done, the southern portion of this building, where you see facing East Commercial Avenue with the two ingress, egresses that south face of the building is all store front, there are no overhead doors, there wilt be no truck traffic in and out of that portion of the building. The back of the building, as you can see, has the overhead doors, we have eliminated three of those overhead doors that will be the back area of the gymnastics. They will have one overhead door so that they can facilitate bringing their equipment in and out. I've been told by the owners of the gymnastics who are with us this evening, Cindy Williams and Colleen Kelly that the exit to the north of the building out toward the overhead doors will be for staff only, therefore, the children and, of course, the parents will egress through the south portion of the building where the store front is, and, of course, not having the truck traffic, etc. The gymnastics will be 8,240 s. f., for a total of 18,720 s. f. in this building, they will be positioned approximately in the center of the building. At the west end of the building there's approximately 4500 s. f. that I have leased to Wood, Craft and Trim, they're a custom cabinet shop, and ,then 1 have approximately 6,000 s. f. yet to be leased at the east end of the building. It appears, I'm going to have three tenants in this project. As far as parking is concerned, this was an issue that was brought up in specific comments by P & Z, and it was stated, the applicant shall verify that parking is adequate. I have 50 parking spaces, and t have space at the very back of the building, particularly since I have removed three overhead doors where I can have additional parking, and double my parking in the back area, but, even with the 50 parking spaces as has been constructed, the Wood, Craft and Trim will have a maximum of six employees, two on site maximum at any given time as the other four come in early in the morning and leave with their product and go to their jobs. The academy, the girls tell me, will have approximately six employees that would be on site at any given time, they might have a (inaudible) of eight employees, particularly when the karate classes are being taught, but they have classes that will be primarily in the evening. Some classes during the day, of course, limited staff on hand during the day, more staff of an evening, but at varying hours, depending on what classes are given, so with there six employees, six employees for Wood, Craft and Trim, I propose that the balance 6,000 s. f. would I be somewhere in the neighborhood of six employees as well, taking a total of 18 parking spaces out of 50, leaving me 32 parking spaces on site and quite adequate to meet the ratio of 1-10 concerning the children. As for the comment made by P & Z concerning signage, I would not mind at all placing some signs in (inaudible} location, particularly the ingress, egress off of Ralston at the north of the building where we would have some truck traffic, stating, caution, children present, something of that nature, if it's necessary. I believe that the way this building has been plotted on this ground, that we won't have any problems in this area at all. The building is fire sprinklered completely, our sprinklers in place as we speak. The (inaudible) ~ ,--. walls are also rock(inaudible), which is a fire retardant as well, and these children will be well protected. Corrie: Okay, anything else? Williams: No. Corrie: Council, questions? Bird: Mr. Williams, I take it-you said they're taking 4500 s. f. out of the center? Williams: They're taking 8,240. Bird: How many of those-the two center entries going to be there's, or just one? On the south wall, that entry and that entry.? Williams: Those two entries and then the very next one to the left. One entry will be eliminated. Bird: How many entries is going to be into that place? Williams: These two (inaudible). A total of three entries, store front entries, to the front. Bird: Six 0 doors or three 0 doors? Williams: Three 0's. Bird: Is that enough for your occupancy load? Williams: And three additional exit doors, mandoors to the rear and including a 12x14 overhead door. Bird: So, they're going to be wide open in there, so that exits can be-you can get from the front to the back with no hang ups or anything. Williams: Mr. Bird, we also have out of there office reception area, we have two additianal doors that go directly into the gymnastics area for rapid exit out the back. Bird: I know in some gymnastic things you can have lots of kids at the meets and stuff, and the overhead door does not work as a life safety exit, unless it's automated that- Williams: We've strategically located three exit doors, mandoors out the back of the building, and then we do have the three at the front, strategically located such, that they are available to every room. Bird: Okay, no problem. Nice addition. Corrie: Okay, any questions? I'll entertain a motion for the Request for Conditional Use Permit by Dave Willaims. deWeerd: Mr. Mayor, I move that we instruct the City Attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order, to approve the Request for Conditional Use Permit by Dave Williams for proposed Meridian Academy of Gymnastics for a dance, karate and gymnastics studio currently in an I-L zone. Bird: Second. Corrie: Motion is made and seconded to approve the Request for Conditonal Use Permit by Dave Williams for Meridian Academy Gymnastics, the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order, stating of the Council's approval. Any further discussion? Anderson: Mr. Mayor, I guess, I just wanted to take the opportunity, I appreciate the fact that you guys are putting in a facility for the kids and I think that's something that Meridian needs, but !'d just kind of like to be on record that, I do have some safety concerns about putting that type of facility in in an industrial type of setting and with Woodworking on one side, and we don't know what's going on the other side, and the fact that there could be truck traffic coming in and out of those doors, in the case of emergencies, you've got them exiting, you know, those are part of your exit ways and they're not always going to exit in orderly fashions, and I think you're going to have a hard time placing and keeping the kids solely in the front of that building, so I just personally think that , I mean, it would be great if that entire building was rented out for the gymnastics facility and karate, but, I have some real reservations in just safety concerns for the kids about a mixed setting. Bird: To add to that, I agree with Ron, but I also know where the Bronco thing is- traffic is twice as (inaudible). I really question, but this should be taken care of by our building inspector. I question the life safety code exit square footage for the amount of kids that could be in there for the square foot, but 1 think that will be taken care of in the building process. I've got that concern of-because you can't use an overhead door as a life safety exit. I can't believe that they don't pairs of six foot doors in the front, but I'm happy to see the addition come in here. Corrie: Maybe, if you get enough kids, you can have the whole building. Any other discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE NAY Item 15. FP 00-013 Request for final plat approval of 10 building lots and 1 other lot on 14.39 acres for Olson & Bush Subdivision No. 2 by Ronald Van Auker -north of Franklin Road and west of Eagle Road: Corrie: Three ayes, one no, for the record and attorney will draw up the Findings of Facts and Conclusions of Law. Item No. 15 is a Request for final plat approval of 10 building lots and 1 other lot on 14.39 acres for Olson Bz Busch Subdivision No. 2 by Ronald Van Auker. Mr. Attorney, we can go ahead and approve that and then have the approval on the Findings of Facts from Item No. 8 at the next meeting and then also the approval of the final plat at that point, is that correc#? Nichols: Mr. Mayor, Members of the Council, if I understand the question correctly, Item No. 8 was already taken care of, and we'll prepare those and have them available for the next meeting, and the final plat doesn't require Findings of Fact, but, the appropriate documentation, if you approve it will be ready at the same time. Corrie: I must admit I stated the question kind of awkwardly. Staff, comment on the final plat. Stiles: Mr. Mayor and Council, this is fora 10 lot industrial subdivision to be known as Olson Sz Busch Subdivision No. 2. Hopefully you do have our comments. I didn't get them in my packet, but, we have some comments that were dated July 27,2000. Bird: What date? Stiles: July 27th Bird: 27th, we've got them, yes, okay. Stiles: This annexation was subject #o a Development Agreement. Staff recommends that that Development Agreement be in place, if not prior to final plat approval, at least prior to signature on the final plat. We did meet with the applicant late today. I appreciate the fact that he came over and was able to go over these items with us . It seems there are not very many issues remaining, and one of them may be a little more cleared up, now that the pressurized irrigation is not required and there will not be a business owners association associated with this plat. As part of the annexation, one of the requirements and for the Preliminary Plat was that all sewer and water lines be located in a