HomeMy WebLinkAboutCompass Public Charter School
CUP 05-032
MERIDIAN PLANNING & ZONING MEETING
July 7, 2005
APPLICANT Compass Public Charter School ITEM NO. 23
REQUEST Public Hearing - Conditional Use Permit approval for the operation of a public
charter school in a L-O zone for Compass Public Charter School- 2511 West Cherry Lane
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
See attached Staff Comments
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CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
No Comment
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS'IRRIGATION:
No Comment
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER: See affidavit of Posling
Contacted: J1f.~Qw. 4 ~
Emailed:
Date: 7/~Oç Phone: 9~5?-C¡5tfi ~
Staff Initials: ~
Materials presented at public meetings shall become property of the City of Meridian.
MAYOR
Tammy de Weerd
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CITY HALL
(208) 888-4433
CITY COUNCIL MEMBERS
Keith Bird
Christine Donnell
Shaun Wardle
Charles M. Rountree
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LEGAL DEPARTMENT
(208) 888-4433
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 898-5500 . Fax 898-9551
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 . Fax 888-6854
MEMORANDUM:
Transmittal Date: June 30, 2005
P & Z Hearing Date: July 7, 2005
To:
Mayor, City Council and Planning & Zoning Commission
From:
Craig Hood, Associate City Planner (IN
Re:
COMPASS Public Charter School CUP
. Request for Conditional Use Permit (CUP) Approval to Operate a Public
Charter School out of an Existing Church in the L-O zone, by Compass
Public Charter School. (CUP-O5-032)
We have reviewed this submittal and offer the following comments and 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
The applicant, Compass Public Charter School, has requested Conditional Use Permit (CUP)
approval to operate a public charter school out of an existing church. The property is located on
the south side of Cherry Lane, approximately Ih mile west of Linder Road. The address of the
property is 2511 W. Cherry Lane. The property is currently zoned L-Q (Limited Office).
In 2002 the City approved a rezone of this property from R-4 to L-Q (RZ-02-003). Conditional
Use Permit (CUP) approval was also granted in 2002 to operate a preschool/private school out of
the existing church (CUP-02-027). Title 11, Chapter 8 of Meridian City Code (MCC), Schedule of
Use Control, requires all public schools in the L-Q zone to obtain CUP approval. Further, a condition
of CUP-O2-027 was that CUP approval had to be granted prior to enrollment of kindergarten age
students or older on this site. In compliance with MCC 11-8-1 and the conditions ofCUP-02-027,
the applicant has submitted a CUP application for the subject school use (CUP-05-032). NOTE:
Because the school year starts in August and the CUP process usually takes about 4 months to
complete, the applicant has previously been granted approval by the Council to operate a charter
school on this site for one year (see MI-O5-005).
The lease area for the school is approximately 17,096 square-feet and includes classrooms,
bathrooms, a gymnasium, and a multi-purpose room on the south end of the site. The anticipated
enrollment is 240 students ranging from Kindergarten to 7th grade.
Staff is recommending approval of the application with the conditions included herein.
CUP-05-032
COMPASS Public Charter School.CUP_doc
Planning & Zoning Commission/Mayor & City Council
July 7,2005 (Hearing Date)
Page 2
LOCATION & SURROUNDING USES
The subject property is located on the south side of Cherry Lane, approximately 12 mile west of
Linder Road, in Section 11, Township 3 North, Range 1 West.
The following uses surround the subject site:
North: Single-family homes (Sunnybrook Farms Subdivision), zoned R-4.
East: Single-family homes (The Vineyards Subdivision), zoned R-4.
West: Single-family homes (Haven Cove Subdivision), zoned R-4.
South: Single-family homes (Haven Cove Subdivision), zoned R-4.
OWNER OF RECORD
The current property owner, Cherry Lane Christian Church, Inc., has submitted notarized consent for
Compass Public Charter School to submit the subject application.
ST ANDARDS 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 7th grade. A majority of the 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, intennediate 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, staff 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
CUP-05-032
COMPASS Public Charter SchooLCUP.doc
Planning & Zoning Commission/Mayor & City Council
July 7, 2005 (Hearing Date)
Page 3
currently a 3D-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 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,
staff does not believe that additional landscape buffers should be required. See Special
Consideration #1 below.
Staff 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
Commission and Council should determine if additional landscape buffers and/or
screening should be required along the south and/or west property lines. Although
Meridian City Code does not require play areas for schools, staff is concerned that there
may be insufficient play area for the children other than the parking lot areas. The
Commission and 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. Theses 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. Staff 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. Staff 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;
CUP-OS-o32
COMPASS Public Charter SchooLCUP_doc
Plmming & Zoning Commission/Mayor & City Council
July 7,2005 (Hearing Date)
Page 4
The design and construction on this site has been previously reviewed and approved by
the City. Staff finds that if the applicant complies with the conditions of the 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.
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 school use will not adversely affect other property in the area. The Commission and
Council should rely upon any public testimony provided to determine 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 (see end of staff report for
comments). Based on the joint agency/department meeting and other comments received
from other agencies/departments, staff 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 Commission and
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. Staffhas
included this condition from 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
CUP-05-0n
COMPASS Public Charter School.CUP.doc
H.
I.
CUP-05-032
Planning & Zoning Commission/Mayor & City Council
July 7,2005 (Hearing Date)
Page 5
guarantee approval of the conditional use permit.
F.
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, staff finds there are not any excessive
requirements and this use will not require substantial public funds. Staff 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;
Staff recognizes that traffic and noise will increase during the weekdays with the approval
of a school in this location; however, staff does not believe that the amount generated will
be detrimental to the general welfare of the public. Staff does not anticipate the proposed
use will create excessive noise, smoke, fumes, glare, or odors (see Special Consideration
#1). Staff finds that the proposed public school use will not be detrimental to people,
property or the general welfare of the area. Staff recommends that the Commission and
Council 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.
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 of projects and has previously approved
the driveway locations to this site. Staff 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.
Staff 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 Pennit application. Any existing trees larger than
4" caliper that are removed, that the City Arborist deems necessary for mitigation, shall
be mitigated for.
COMPASS Public Charter School.CUP,doc
Planning & Zoning Commission/Mayor & City Council
July 7,2005 (Hearing Date)
Page 6
SPECIAL CONSIDERATIONS
1. Noise: The applicant has told staff that the school will hold recess on the south side of the
property. This area is largely paved and does not include a large buffer area adjacent to
the single-family homes. 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 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. There are gates that can be
closed on the driveways during recess, but this does not account for the noise. Staff does
not believe that the temporary operation of a charter school should produce excessive
noise and that the existing landscaping and fencing should provide an adequate buffer for
the proposed school. Further, the installation of landscaping this year will not provide
much of a sound barrier for the adjacent properties. It will take several years for the
landscaping to mature and provide an effective buffer. Staff recognizes that outdoor
recess may produce louder noises than neighbors are used to hearing. Therefore, staff
recommends that the Commission and City Council determine if the operation of a
charter school will produce excessive noise and if additional buffering or restrictions are
necessary to reduce noise levels. See Site Specific Conditions #3 and #8 below.
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.
CUP-05-032
COMPASS Public Charter Schoo'-CUP,doc
Planning & Zoning Commission/Mayor & City Council
July 7, 2005 (Hearing Date)
Page 7
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 screening as required by the Commission and
Council.
9.
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 (CZC) ftom the Meridian
Planning and Zoning Department (MCC 11-19-1).
10.
All required improvements must be complete prior to obtaining a Certificate of
Occupancy for the proposed development. A temporary Certificate of Occupancy 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 ofthe 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 permit.
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.
CUP-05-032
All entrance and internal roads shall have a turning radius of 28' inside and 48' outside
radius.
COMPASS Public Charter School.CUP.doc
Planning & Zoning Commission/Mayor & City Council
July 7, 2005 (Hearing Date)
Page 8
3.
The applicant shall bring the buildings/site into compliance with the International Building
Code and International Fire Code.
RECOMMENDATION
Staff recommends approval of the subject Conditional Use Permit (CUP-O5-032) application
with the aforementioned conditions.
CUP-05-032
COMPASS Public Charter SchooLCUP.doc
COMPASS
PUBLIC
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.. CHARTER
s
SCHOOL
June 28, 2005
RECEIVED
.1UN 2 8 2005
CITY OF MERIDIAN
CITY CLERK OFFICF
City Clerk
City of Meridian
33 East Idaho Avenue
Meridian, ID 83642
To Whom it May Concern:
Compass Public Charter School has posted a notice of hearing on July 7,2005 for Conditional
Use Pennit (CUP-05-032). The notice was posted at 2511 W. Cherry Lane Road, Meridian,
Idaho on Saturday, June 25, 2005 in accordance with City Code 11-15-5. Attached are
photographs of the posting.
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April 7,2009
Compass Public Charter School PMB 345 10400 Overland Rd., Boise, Idaho 83709-1449
RECEIVED
CITY OF MERIDIAN
PUBLIC HEARING
SIGN-UP SHEET
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City Clerk ûrf1c('
DATE
July 7,2005
ITEM #
23
PROJECT NUMBER
CU P 05-032
PROJECT NAME
Compass Public Charter School
NAME (PLEASE PRINT) FOR AGAINST NEUTRAL
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