Staff ReportItem #4E: Riot Cheer Force (CUP-13-004)
Application(s):
- Conditional use permit
Size of property, existing zoning, and location: This site consists of 1.32 acres of land, is currently zoned I-L, and is located at 200
N. Baltic Place, Suites 103 & 104.
Adjacent Land Use & Zoning: This site is surrounded by industrial property, zoned I-L.
History: In 2001, a certificate of zoning compliance was approved for the construction of a 16,902 square foot warehouse/office
building on this site.
Summary of Request: The applicant requests approval to operate a cheerieading gym/training facility in a 6,600 square foot (s.f.)
tenant space in an existing 16,900 s.f. building in the I-L zoning district. The facility will offer classes five days a week to kids of all ages
for beginning, intermediate, and advanced tumbling and stunting.
The proposed use is classified as "indoor arts, entertainment or recreation facility" in the UDC which requires conditional use approval
in the I-L district. No exterior modifications to the building are proposed.
Comprehensive Plan FLUM Designation: Industrial
Written Testimony: Joseph Moorhead
Staff Recommendation: Approval
Notes:
STAFF REPORT
Hearing Date: June 6, 2013
TO: Planning & Zoning Commission
FROM: Sonya Wafters, Associate City Planner
208-884-5533
SUBJECT: CUP-13-004 -Riot Cheer Force
E IDIAN~--
1DAH0
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Joseph Moorhead, has applied for a conditional use permit (CUP) for an indoor
recreation facility in an I-L zoning district for Riot Cheer Force, an all-star cheerleading gym. 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.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-13-
004 as presented in the staff report for the hearing date of June 6, 2013, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-13-004
as presented during the hearing on June 6, 2013, for the following reasons: (You should state specific
reasons for denial and what the applicant could do to gain your approval with another application.)
Continuance
I move to continue File Number CUP-13-004 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property generally located north of E. Franklin Road on the east side of N. Baltic
Place, west of N. Locust Grove Road, at 200 N. Baltic Place, Suites 103 & 104, in the SE'/4 of
the SE'/4 of Section 7, Township 3 North, Range 1 East
B. Owner(s):
Marie Durrant
8397 S. Old Farm Place
Meridian, ID 83642
C. Applicant:
Joseph Moorhead
16563 N. Investor Loop, Ste. 102
Nampa, ID 83686
Riot Cheer Force CUP-13-004 PAGE 1
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: May 20, and June 3, 2013
C. Radius notices mailed to properties within 300 feet on: May 10, 2013
D. Applicant posted notice on site by: May 26, 2013
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 2001, a certificate of zoning compliance was approved for the
construction of a 16,902 square foot warehouse/office building (Big D Builders).
D. Utilities:
1. Public Works:
a. Location of sewer: The building is existing; it's already connected to City services.
b. Location of water: The building is existing; it's already connected to City services.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There are no canals or ditches on this site.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This site is not within a flood plain.
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 cheerleading gym. A gym is not a typical industrial use; however, the
proposed use is classified in the UDC as an indoor recreation facility which 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)
Riot Cheer Force CUP-13-004 PAGE 2
There is an existing landscaped street buffer on this site along N. Baltic Place in accord with
UDC Table 11-2C-3.
• "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.
• "Identify and provide for the recreation needs of all citizens." (6.01.02A)
The proposed training facility will offer beginning, intermediate, and advanced tumbling and
stunting lessons to all ages and levels of experience.
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 cheerleading gym/training facility in a 6,600 square
foot (s.£) tenant space in an existing 16,900 s.f. building in the I-L zoning district. The facility
will offer classes five days a week to kids of all ages for beginning, intermediate, and advanced
tumbling and stunting (see application narrative for more information).
The proposed use is classified as "indoor arts, entertainment or recreation facility" in the UDC
which requires conditional use approval in the I-L district. No exterior modifications to the
building are proposed.
Site Plan: A site plan is included in Exhibit B that was approved with the original Certificate of
Zoning Compliance for the structure. No changes to the site are proposed.
Access: Access is provided to the site via N. Baltic Place. No new accesses are proposed:
Parking: Based on the overall square footage of the building (approximately 16,902 s.f.), a
minimum of 8 parking spaces are required to be provided for the entire building. A total of 17
parking stalls exist on the site in compliance with UDC requirements. Parking is shared between
all of the tenants in the building.
The proposed use takes up two tenant spaces. There is also an event planning business which is
open by appointment only; Chem Dry, which the applicant states is used mostly for storage; and
Riot Cheer Force CUP-13-004 PAGE 3
Paul Davis Restoration & Remodeling. The applicant states that none of these businesses appear
to have much if any customer visits so the majority of the spaces are available during the day as
well as in the evening.
Off-site parking may be an option for additional spaces when needed after normal business hours
with consent of adjacent property owners.
Landscaping: A 15-foot wide landscaped street buffer exists along N. Baltic Place, a local street.
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 use 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 10:00 am to 10:00 pm five days
a week. The I-L zoning 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
Riot Cheer Force CUP-13-004 PAGE 4
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Riot CheerForce CUP-13-004 PAGE 5
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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 comments on 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.
Riot Cheer Force CUP-13-004 PAGE 7
C. Required Findings from Unified Development Code
1. Conditional Use Permit (UDC 11-SB-6E)
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
Staff 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.
Staff 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.
Staff 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-set 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.
Staff 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.
Staff finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently
provided to the subject property. Staff 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.
Staff 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.
Riot Cheer Force CUP-13-004 PAGE 8
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.
Staff 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.
Staff finds that there should not be any health, safety or environmental problems associated
with the proposed use. Further, staff finds that the proposed use will not result in the
destruction, loss or damage of any natural, scenic or historic feature of major importance.
Riot Cheer Force CUP-13-004 PAGE 8