HomeMy WebLinkAboutCompass Charter School CUP
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STAFF SUMMARY
OF
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
IDAHO
Project Name:
Compass Public Charter School
Case No(s):
CUP-05-032
Applicant:
Compass Public Charter School
P&Z Commission Hearing Date: July 7, 2005
Transmittal Date:
August 8, 2005
Recommendation:
Approve with conditions
A. Summary of Public Hearing:
1. In favor: Christalina Jensen (Applicant), Kelly Trudeau
2. In opposition: none
3. Commenting: none
4. Staff presenting application: Craig Hood
5. Other staff commenting on application: none
B. Key Issues of Discussion by Commission:
1. Sunset for CUP.
2. Expected hours of operation and recess times.
C. Key Commission Changes to Staff Recommendation:
The Commission voted to allow the CUP, with the limitation that the permit runs with the
applicant and will expire when the charter school vacates the property (see Site Specific
Condition #14 in Exhibit C).
D. Outstanding Issue(s) for City Council:
None.
E. CUP Site Plan
Date of CUP Site Plan: June 15, 2002
F. Recommended Conditions of Approval (by Commission, if applicable)
Please see Exhibit "C"
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Conditional Use Permit Approval to Operate a Public
Charter School out of an Existing Church in the L-O Zone, by Compass Public Charter
School
Case No(s): CUP-05-032
For the City Council Hearing Date of: August16, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
b.
The matter was duly considered by the City Council at the August 16, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 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. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O5-032 - PAGE 1 of 4
a.
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings is Cherry Lane Christian Church, Inc.
4. Required Findings per Zoning Ordinance
a. See Exhibit D for the findings required for this application.
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 City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, 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 August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
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 Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated
June 15, 2002 as shown in Exhibit B, and the Site Specific and Standard Conditions as
shown in Exhibit C. 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 City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O5-032 - PAGE 2 of 4
1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated June 15,
2002 is hereby conditionally approved; and,
2. The Site Specific and Standard Conditions are as shown in Exhibit C.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion ofthe project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.B.)
E.
Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
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 ofthe 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 approval 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.
Exhibits
Exhibit A:
Legal Description
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O5-032 - PAGE 3 of4
Exhibit B:
Approved Site Plan
Site Specific and Standard Conditions
Exhibit C:
Exhibit D: Conditional Use Permit Findings
By action of the City Council at its regular meeting held on the
,2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED
COUNCIL MEMBER CHRISTINE DONNELL
VOTED
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Mayor Tammy de Weerd
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
and City Attorney.
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-O5-032 - PAGE 4 of 4
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LEGAL DESCRIF- I ION OF. ReCORD
(A8 PROVIDED IN THE TITLE co~ PREPARED BY
PIONEER TITLE COMPANY FILE NO. P1eS4-44
PARCEl .A. ~
LOT 2 IN BLOCK 1 OF H" lIEN CO VE NO.1 ACCORDING TO THE. PLA T THEREOF. F'ILED IN- BOOK 62 OF ?LA T5 A r
FAGES 6178 AND 6179, RECORDS or ADA COUNTY, IOAAO.
PARCEL 8
A l'R,A.CT OF'LAND srTuATED IN THE NORTI1EAST QUARTER OF' THE NORTH\lÆST QUARTER OF" SECTION 11, TOWNSHIP ~
NORn" RANGE 1 \\t:ST, BOISE t.lERJOIAN. ADA COUNTY, IDAHO, BEING ~ORE PAATICULARl. Y DESCRIBED A.S FOu.OWS'
CO JI,jENCtNG AT THE ONE-QUARTER CORNER CC».It,¡ON TO SECTIONs 2 AND 11, TO'M-ISHIP J NORTh, RANGE' \foEST.
SOISE J..(ERJDIAN, ADA COUNTY. ID.4.HO~ FROM 'MilCH THE NORTH\<\EST CORNER OF' SAID SECTiON 11 BEARS
NORTH 89"03'40- 'EST 2SS3.4S FEET: lHENœ NORTH 89"03'40- ~ST ALONG THE SEC110N UNE COMMON TO SAID
SECTIONS 2 AND 11 " DISTANCE OF 34.30 FEET TO THE REAL POINT Of BEGINNING;
THENCE NORTH 89'OJ'<K!- \'£ST AlC» G SAID SECTION LINE 35.70 FED TO ""POINT; THENCE SOuTH 0010' WEST
5213.00 FEET TO A POtNt; THENCE NORTH 82.<40' EAST 36.01 FEET TO A POINT l. 'nNG FìFTY FEET \\£STERt.. Y OF
THE CENTER UNf OF' NINE MILE CRfEK; THENCE NOR'TH 00'0' EAST AlONG A UNf PARALLEL WITH AND FIFTY F!¡;:T
FROM THE COffER UNfOF' SAID NINE t.lILE CREEl<, 522.82 F'ŒT TO THE REAL POINT OF BEGINNING.
EXCEPT THAT PORTION CON'ÆYEÐ TO ADA COUNTY HIGHWAY DISTRICT FOR l'Hf PUBLIC RIGHT Of' WAY 8'0' DEED
RECORDED UNDER INSiRUI.4EN T NO. 94017576.
P '\RC£l C
,A, PI>RCEL OF lAND LOCATED IN SECTION 11, TO~SH/P :3 NORTH, RANGE 1 \';£ST, BOIS.E MERIDIAN, ADA COUNT'(,
IDAHO, /.,jORE fUll. Y DESCRIBED AS FOlL.OW$:
BEGINNING AT ThE NORTh QUARTER CORNER, SECTION 11, TO'NNSHLP 3 NORTH, RANGE 1 "^EST, BOISE MERIDIAN,
THENCE RUNNING NORTH 89.0.3"40" Yl£ST AlONG 1I1E SECTION UNE A DISTANCE OF 70.00 fEET TO THE REAL
POINT OF BEGINNING. THENCE RUNNING NORTI-t 89"O3'4Qft ¥tEST ALONG THE SECTION UNE A DISTANCE Of" 348,23 FEE
TO Á POINT; THENcE RUNNING SOUTH 00.56'20. \lÆ:ST " DISTANCE OF' 40..0 F1Tr TO A POINT; 11-IENCE RUNNING
sou TI-t 15"05' E~T A elST ANCE OF' 28e,4e FEET TO A POINT: THENCE RUNNING SOU TH 271 S' EAST A GIST ANeE
Of 231.35 FUr TO A POINT; THENCE RUNNING SOUTh 02"21' EAST A DISTANCE OF 32.77 FΕ TO A POINT; THE!~CE
RUNNING NORTH 82'40' EAST A DISTANCE OF' 166.85 FEET TO A POINT; THENCE RUNNING NORTH 0010' EAST A
DISTANCE OF 528.00 FEET TO 'THE REAL POINT OF' BEGINNING.
DeEP T TH Å T PORTION CON \/Em TO AD A COON TY HIGH WA Y 01 STRICT FOR THE PUBLIC RIGH T OF WAY 3Y DEED
RECoRDED UNDER INSTRUÞ.lENT NO, 94()17578.
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EXHIBIT B
Compass Public Charter School
CUP-O5-032
Approved Site Plan
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CHERRY LANE CHRISTIAN CHURCH
2511 WEST CHERRY LANE MERIDIAN, IDAHO
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9.
10.
EXHIBIT C
Compass Public Charter School
CUP-O5-032
Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS OF APPROVAL (CUP)
1. All applicable conditions of the previously approved Conditional Use Permit,
CUP-02-037, and Rezone, RZ-02-003, and MI-05-005 shall also be considered
conditions of the subject Conditional Use Permit, CUP-05-032, application.
2.
Any new school sign requires a separate sign permit in compliance with the sign
ordinance and Planned Sign Program (MCC 11-14). Please contact City staff at
884-5533 for assistance with compiling a Planned Sign Program for this site.
3.
The applicant shall comply with the City of Meridian noise ordinance (MCC 6-3-
6).
4.
Comply with the conditions and comments of all City Departments, and other
agencies. The applicant shall comply with all guidelines, regulations,
requirements and permitting processes required by any authorizing public
agencies, including but not limited to: the Ada County Highway District, the State
ofIdaho, Idaho Power, the Meridian Fire Department, the Meridian Public Works
Department, the Meridian Police Department, the Meridian Building Department,
the Meridian Planning Department, and all other Meridian City Departments.
5.
The applicant shall obtain any necessary permits from the City of Meridian
Building Department.
6.
The number of students per classroom shall comply with standards set by the
International Fire Code.
7.
The State Division of Building Safety shall review and approve this site for a
school prior to operation.
8.
Provide any additional landscaping and/or screemng as required by the
Commission and Council.
No additional buildings or other structures shall be erected, moved, added to or
structurally altered, nor shall any building structure or land be established or
change in use on this site without first obtaining a Certificate of Zoning
Compliance (C2C) from the Meridian Planning and Zoning Department (MCC
11-19-1).
All required improvements must be complete prior to obtaining a Certificate of
Occupancy for the proposed development. A temporary Certificate of Occupancy
14.
may be obtained by providing surety to the City in the form of a letter of credit or
cash in the amount of 110% of the cost of the required improvements (including
paving, striping, landscaping, and irrigation). A bid must accompany any request
for temporary occupancy. Any temporary occupancy will not exceed 60 days to
complete the required improvements.
11.
Outside lighting shall be designed and placed in such a manner as to eliminate
glare and illumination of the adjoining roadways and properties, in accordance
with City Ordinance Section 11-13-4.c.
12.
Operations shall conform to the requirements of the Americans with Disabilities
Act.
13.
Applicant's (or successor's) failure to comply with any of the terms of approval
of the conditional use permit shall be cause for revocation of the conditional use
pennit.
The subject Conditional Use Permit belonl!s to the subject app~cant and
shall expire when Compass Public Charter Scþool vacates the property.
OTHER AGENCY COMMENTS & CONDITIONS
SANITARY SERVICE COMPANY
1. The applicant may want to upgrade dumpster size. Please contact Bill Gregory at
SSC (888-3999) for detailed review of your proposal and submit stamped
(approved) plans with your certificate of zoning compliance application.
MERIDIAN FIRE DEPARTMENT
1. The applicant shall bring the buildings into compliance with the current national
fire alarm code, including the fire alarm system, fire sprinklers and panic
hardware.
2.
3.
All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
The applicant shall bring the buildings/site into compliance with the International
Building Code and International Fire Code.
EXHIBIT D
Compass Public Charter School
CUP-OS-O32
Conditional Use Permit Findings
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of
each proposed conditional use in terms of the following, and may approve a
conditional use permit if they shall fmd evidence presented at the hearing(s) is
adequate to establish (11-17-3):
A.
That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
The existing church sits on approximately four acres. The total square footage of
the church is approximately 30,000 square feet. The school is proposing to lease
approximately 17,096 square-feet for the school. This area will allow one
classroom for each grade level, from Kindergarten to th grade. A majority ofthe
classrooms will be within the main (north) church building. The gymnasium,
multi-purpose room, kitchen and a couple of additional classrooms will be used in
the southern building. The existing buildings on this site comply with the setback
(yard) requirements of the L-O zone. Meridian City Code does not require any
open space for schools.
Driveways, parking areas and landscaping improvements were recently made to
this site. There are two vehicular access points to this site to Cherry Lane that
serve 246 parking stalls. Meridian City Code requires two parking spaces for each
classroom for the elementary, intermediate and junior high classrooms. One space
is required for every ten children, plus one per staff member for the kindergarten
class. The site has adequate parking for the proposed school use. Because the
school will operate at different times than the church, City Council does not
believe that patrons of either the church or the school will be displaced.
Meridian City Code requires a 25-foot wide landscape buffer along Cherry Lane.
There is currently a 30-foot wide (varies) landscape buffer adjacent to Cherry
Lane.
The Applicant is working with the Fire Marshall to bring the fire alarm system
and other building code inadequacies up to current code. The only design standard
that the proposed use does not meet is the lack of a buffer adjacent to the
residential uses to the east and south. According to MCC 12-13-12-4,
Elementary/Middle Schools are a more intense use (Class II) than single-family
residences (Class I). By code, a 20-foot wide landscape buffer is required between
D.
the two uses. There is a 20-foot wide landscape buffer and pathway on the east
property line, but there is only a fence and minimal landscaping along the south
and west property lines. Because landscaping was previously reviewed and
approved for this site in 2002 and the proposed use is anticipated to last for only
for one school year, City Council does not believe that additional landscape
buffers should be required.
City Council finds that the subject property is large enough to accommodate the
required yards (setbacks), open spaces, parking, and other features required by the
ordinance. The Council should determine if additional play areas are needed.
B.
That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
The Comprehensive Plan Future Land Use Map designates the property as
"Public/Quasi-Public". Chapter VII of the Comprehensive Plan defines Public,
Quasi-Public and Open Space as areas designated to preserve and protect existing
private, municipal, state, and federal land for area residents and visitors. These
areas include neighborhood, community, and urban parks. Government facilities,
public and private schools, health care facilities, churches, utilities, park and
recreational areas, and cemeteries are also considered public/quasi-public type
uses. City Council finds that the proposed school use is harmonious with the
public/quasi-public designation on the Future Land Use Map.
MCC 11-8-1, Schedule of Use Control, allows for public schools through the
conditional use process in the L-O zone. City Council finds that the requested
public charter school is in compliance with the Comprehensive Plan and that if
approved as a CUP the project will be in compliance with Meridian City
Ordinances.
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 design and construction on this site has been previously reviewed and
approved by the City. City Council finds that if the applicant complies with the
conditions ofthe previous RZ-02-003 and CUP-02-027 and the conditions
outlined in this report, then the operation and maintenance of a school should be
compatible with other uses in the general neighborhood and with the existing and
intended character of the area.
That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
F.
City Council finds that if the applicant complies with the conditions outlined in
this report, the proposed school use will not adversely affect other property in the
area. The Council should rely upon any public testimony provided to detennine if
the development will adversely affect other property in the vicinity.
E.
That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
Sanitary sewer and water are currently provided to the subject site.
The Ada County Highway District previously acted on RZ-02-003 and CUP-02-
027. The conditions, requirements and restrictions included with RZ-02-003 and
CUP-02-027 also apply to CUP-05-032.
On June 17,2005, a joint agency/department comments meeting was held with
representatives of key service providers to this property. Based on the joint
agency/department meeting and other comments received from other
agencies/departments, City Council finds that the public services listed above can
be made available to accommodate the proposed use. NOTE: The Meridian Fire
Department did a walk-through on this site and found a few deficiencies with
operating a school out of the existing buildings. The applicant will need to comply
with any modifications/upgrades required by the Meridian Fire Department. The
Council should reference any written and/or verbal testimony submitted by any
public service provider, regarding their ability to adequately service this project.
On June 21, 2005, the City Council approved the temporary use of the site for the
proposed school. As part of that approval, the Council required the subject school
site to obtain approval from the State Division of Building Safety prior to
occupancy. City Council has included this condition nom the previous
Miscellaneous application within the subject CUP application (see Site Specific
Condition # 7). Please note that although Council has approved the temporary use
of the site, the record is clear that such approval did not guarantee approval of the
subject conditional use permit.
That the proposed use will not create excessive additional requirements at
public cost 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. Because the subject application is for a public school, any
improvements that are required will ultimately be funded by the public. However,
City Council finds there are not any excessive requirements and this use will not
I.
require substantial public funds. City Council further believes that the proposed
use will not be detrimental to the community's economic welfare.
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 general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
City Council recognizes that traffic and noise will increase during the weekdays
with the approval of a school in this location; however, City Council does not
believe that the amount generated will be detrimental to the general welfare of the
public. City Council does not anticipate the proposed use will create excessive
noise, smoke, fumes, glare, or odors. City Council finds that the proposed public
school use will not be detrimental to people, property or the general welfare of the
area. The Council should rely on any and all public testimony when determining
if the activities on this site may be detrimental to nearby persons, property, or
general welfare.
H.
That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
The applicant is proposing to utilize two existing driveways off of Cherry Lane.
ACHD considers vehicular approaches in their analysis ofprojects and has
previously approved the driveway locations to this site. City Council does not
believe that the proposed vehicular approaches will interfere with the traffic on
the public streets,
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.
City Council is unaware of any natural of scenic features of major importance on
this site and finds that no natural or scenic features of major importance will be
lost or damaged by approving the subject Conditional Use Permit application.
Any existing trees larger than 4" caliper that are removed, that the City Arborist
deems necessary for mitigation, shall be mitigated for.