Omni-fit CUP-12-019CITY OF MERIDIAN E IDIAN~--
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND IDAHO
DECISION & ORDER
In the Matter of the Request for Conditional Use Permit for an Indoor Recreation Facility for
Omni-Fit in an I-L Zoning District, Located at 535 N. Locust Grove Road, by Jeannie Zingg.
Case No(s). CUP-12-019
For the Planning & Zoning Commission Hearing Date of: December 6, 2012 (Findings on
December 6, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 6, 2012, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 6, 2012, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of December 6,
2012, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of December 6, 2012, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this decision, which shall be
signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk
upon the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-12-019
Page 1
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of December 6, 2012, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code § 11-
SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's request for conditional use permit is hereby conditionally approval per the
conditions of approval in the attached staff report for the hearing date of December 6, 2012,
attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City in accord with UDC 11-SB-6F.1.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval, and
acquire building permits and commence construction of permanent footings or structures on or
in the ground. For conditional use permits that also require platting, the final plat must be
signed by the City Engineer within this two (2) year period in accord with UDC 11-SB-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-SB-6.F.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the Commission may be granted. With all extensions, the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional
use permit entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff report for the hearing date of December 6, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-12-019
Page 2
EXHIBIT A
STAFF REPORT
Hearing Date: December 6, 2012
TO: Planning & Zoning Commission
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: CUP-12-019 -Omni-fit
E IDIAN~
1DAH0
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant has applied for a conditional use permit (CUP) for an indoor recreation facility in an I-
Lzoning district for Omni-Fit. See Section IXAnalysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the
Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report.
The Meridian Planning and Zoning Commission heard this item on December 6, 2012. At the
public hearing, the Commission moved to approve the subject CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Jeannie Zingg
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Jeannie Zingg
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Kev Issues of Discussion by Commission:
i. None
c. Kev Commission Changes to Staff Recommendation:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-12-
019 as presented in the staff report for the hearing date of December 6, 2012, with the following
modifications: (Add any proposed modifications.) Ifurther move to direct Staff to prepare an
appropriate findings document to be considered at the next Planning and Zoning Commission hearing
on December 20, 2012.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-12-019
as presented during the hearing on December 6, 2012, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number CUP-12-019 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
Omi-fit CUP-12-019 PAGE 1
EXHIBIT A
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located at 535 N. Locust Grove Road on the southwest corner of N.
Locust Grove Road & E. Commercial Drive, in the NE '/4 of the SE '/4 of Section 7, Township 3
North, Range 1 East
B. Owner(s):
Walt Morrow
P.O. BOX 770
Meridian, ID 83680
C. Applicant:
Jeannie Zingg
4294 E. English Drive
Meridian, ID 83642
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit. A public hearing is required before the
Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: November 19, and December 3, 2012
C. Radius notices mailed to properties within 300 feet on: November 15, 2012
D. Applicant posted notice on site by: November 27, 2012
VI. LAND USE
A. Existing Land Use(s) and Zoning: The subject property is industrial in nature and is in the I-L
zoning district.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by I-
L zoned industrial property.
C. History of Previous Actions: In 2005, a certificate of zoning compliance (CZC-OS-059) was
approved for the construction of a 16,000 square foot multi-tenant industrial building.
D. Utilities:
1. Public Works:
a. Location of sewer: Connected to E Commercial Dr.
b. Location of water: Connected to E Commercial Dr.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: NA
Omi-fit CUP-12-019 PAGE 2
EXHIBIT A
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Industrial" on the Comprehensive Plan Future Land Use Map. This
designation allows a range of industrial uses to support industrial and commercial activities and to
develop areas with sufficient urban services. Light industrial uses may include warehouse, storage
units, light manufacturing, and incidental retail and office uses. Heavy industrial uses may include
processing, manufacturing, warehouses, storage units, and industrial support activities. In all cases,
screening, landscaping, and adequate access should be provided.
The proposed use of the site is a gym for personal training, cardio classes and small group training by
appointment only. A gym is not a typical industrial use; however, the proposed use is classified in the
UDC as an indoor recreation facility and is a conditional use in the I-L zoning district.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• "Require all commercial and industrial businesses to install and maintain landscaping."
(2.01.03B)
There are existing landscaped street buffers on this site along E. Locust Grove Street & E.
Commercial Drive. Additionally, perimeter landscaping was provided along a portion of the
western boundary.
• "Locate industrial and commercial uses where adequate water supply and water pressure are
available for fire protection." (3.04.02A)
There is adequate water supply and pressure available to the site for fire protection,
For the above-stated reasons, staff is of the opinion the proposed use is consistent with the applicable
comprehensive plan policies and is appropriate in this location.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the I-L district is to provide for convenient
employment centers of light manufacturing, research and development, warehousing, and
distributing. In accord with the Meridian Comprehensive Plan, the I-L district is intended to
encourage the development of industrial uses that are clean, quiet and free of hazardous or
objectionable elements and that are operated, entirely, or almost entirely, within enclosed
structures. Accessibility to transportation systems is a requirement of this district.
B. Schedule of Use: Unified Development Code (UDC) 11-2C-21ists the permitted,
accessory, conditional, and prohibited uses in the I-L zoning district. The proposed
indoor recreation facility (gym) is listed as a conditional use in the I-L district. The
specific use standards listed in UDC 11-4-3-2 apply to the proposed use.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2C-3 for the I-L
zoning district apply to development of this site.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The applicant requests approval to operate a gym in a 8,000 square foot (s.£) tenant space in an
existing building in the I-L zoning district. The gym will offer personal training, cardio class and
small group training by appointment only. The proposed use is classified as "indoor arts,
entertainment or recreation facility" in the UDC which requires conditional use approval in the I-
Ldistrict. No exterior modifications to the building are proposed.
Omi-fit CUP-12-019 PAGE 3
EXHIBIT A
Site Plan: A site plan is included in Exhibit B that was approved with the original Certificate of
Zoning Compliance for the structure. This site plan was approved with several redlines; therefore,
there were some changes made with development of the site that were not depicted on the plan
such as internal parking lot landscaping & no direct access to Locust Grove.
Access: Access is provided on the north end of the site via E. Commercial Drive; direct access to
Locust Grove Road is prohibited.
Parking: Based on the overall square footage of the building (approximately 15,400 s.f.), a total
of 8 parking spaces are required to be provided for the entire building. A total of 30 parking stalls
exist on the site in compliance with UDC requirements. Parking is shared between all of the
tenants in the building.
Landscaping: A 25-foot wide landscaped street buffer exists along Locust Grove Road, an
arterial street & a 20-foot wide landscaped buffer exists along Commercial Drive, a local street,
in accord with UDC Table 11-2C-3. Parking lot landscaping also exists within the site.
Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC
11-4-3-2, Arts, Entertainment or Recreation Facility, Indoors and Outdoors. The only standard
that may apply to this site is as follows, "Accessory uses including, but not limited to, retail,
equipment rental, restaurant and drinking establishments, may be allowed if designed to serve
patrons of the sue only." The other standards pertain to outdoor facilities and are not applicable to
indoor facilities.
Hours of Operation: The proposed hours of operation are from 7:00 am to 8:00. The I-L district
does not restrict hours of operation.
Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate
of Zoning Compliance verification application for the proposed use from the Planning Division
prior to issuance of building permits and/or Certificate of Occupancy.
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity & Aerial Map
2. Site/Landscape Plan
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
Omi-fit CUP-12-019 PAGE 4
EXHIBIT A
Exhibit A.I : Vicinity & Aerial Map
Omi-Iit CUP-12-019 PAGE 5
EXHIBIT A
Exhibit A.2: Site/Landscape Plan
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Omi-fit CUP-12-019 PAGE 6
EXHIBIT A
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant shall comply with all previous conditions of approval associated with this site.
1.2 Prior to issuance of building permits and/or a Certificate of Occupancy, the applicant shall submit
a Certificate of Zoning Compliance Verification application to the Planning Division of the
Community Development Department and obtain approval of such for the proposed use.
1.3 The Applicant shall have a maximum of two (2) years to commence the use as permitted in
accord with the conditions of approval listed above. If the use has not begun within two (2) years
of approval, a new conditional use permit must be obtained prior to operation or a time extension
must be requested in accord with UDC 11-SB-6F.
1.4 Staff s failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
1.5 The applicant shall complete all required improvements prior to issuance of a Certificate of
Occupancy. It is unlawful to use or occupy any building or structure until the Building Official
has issued a Certificate of Occupancy.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns with this application.
3. FIRE DEPARTMENT
3.1 The Fire Department has no concerns with this application.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns with this application.
5. REPUBLIC SERVICES
5.1 Republic Services has no concerns with this application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 ACRD has no comments on this application.
7. PARKS DEPARTMENT
7.1 The Parks Department did not submit comments on this application.
Omi-fit CUP-12-019 PAGE 7
EXHIBIT A
C. Required Findings from Unified Development Code
1. Conditional Use Permit (iJDC 11-5B-6E)
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The Commission finds that the subject property is large enough to accommodate the proposed
use and the dimensional & development regulations of the I-L district (see Analysis Section
IX for more information).
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The Commission finds that the proposed use is consistent and harmonious with the UDC and
Comprehensive Plan Future Land Use Map designation of Industrial for this site.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The Commission finds that if the applicant complies with the conditions outlined in this
report, the proposed use should be compatible with other uses in the general neighborhood
and with the existing and intended character of the area because of the off-setting hours of
operation.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The Commission finds that if the applicant complies with the conditions outlined in this
report, the proposed use will not adversely affect other property in the area.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are
currently provided to the subject property. The Commission finds that the proposed use will
be served adequately by all of the public facilities and services listed above.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and that
the proposed use will not be detrimental to the community's economic welfare.
Omi-fit CUP-12-019 PAGE 8
EXHIBIT A
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Commission finds the proposed use will not be detrimental to any persons, property or
the general welfare of the area.
h. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use. Further, The Commission finds that the proposed use will
not result in the destruction, loss or damage of any natural, scenic or historic feature of major
importance.
Omi-fit CUP-12-019 PAGE 8