HomeMy WebLinkAboutCherry Lane Christian Church AZ-05-023
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Annexation and Zoning of 39.47 Acres from RUT/C2 (Ada
County) to C-N (Neighborhood Commercial), by Cherry Lane Christian Church
Case No(s): AZ-05-023
For the City Council Hearing Date of: July 26, 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 July 26, 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 on June 16, 2005
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
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
CITY OF MERIDIAN FfNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-023- PAGE 1 of4
verified that the property owner(s) of record at the time of issuance of these
findings is the Presbytery of Boise.
4. Required Findings per Zoning and Subdivision 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 ofthe 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 Conceptual Site
Plans dated March 24, 2005 as shown in Exhibit B, and the Annexation and Zoning
Comments as shown in Exhibit C. The conditions are concluded to be reasonable and
the applicant shall meet such requirements as a condition of approval ofthe 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:
1. The applicant's Conceptual Site Plans as evidenced by having submitted the
Conceptual Site Plans dated March 24, 2005 are hereby conditionally approved; and,
2. The Annexation and Zoning Comments are as shown in Exhibit C.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-023. PAGE 2 of 4
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. 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 pennit 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.
E. Exhibits
Exhibit A:
Legal Description
Approved Conceptual Site Plan
Exhibit B:
Exhibit C:
Exhibit D:
Annexation and Zoning Comments
Zoning Amendment Findings
By action of the City Council at its regular meeting held on the
----.Jl Lu...O ,2005.
;;1l.Þth
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED ~
COUNCIL MEMBER KEITH BIRD
VOTED l~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED -'
Attest:
Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
and City Attorney.
BY~\ 0 ~ 1\ 0 lJ\J
City Clerk's Òffice
Dated: £:f-2.LÞ pas
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-023- PAGE 4 of 4
EXHIBIT A
Cherry Lane Christian Church Annexation
AZ-O5-023
Legal Description
ANNEXATION LEGAL
A Parcel of land being Parcel B as shown on Record of Survey No. 5576 for
Graye Wolfe; and located in a portion of the SE1/4 of Section 10, Township 3
North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly
described as follows:
BEGINNING at a 5/8 inch rebar marking the SE comer of said SE1/4;
Thence along the South line of said SE1/4 N89°40'29"W a distance of 1558.62
feet to a 5/8 inch rebar from which the SW comer of said SE1/4 bears
N89°40'29'W a distance of 1082.05 feet;
Thence leaving said South line NO1°08'10"E a distance of 1118.81 feet to a 5/8
inch rebar,
Thence S88°5"50"E a distance of 1545.36 feet to a 5/8 inch rebar on the East
line of said SE1/4;
Thence along said East line SOO"27'OO"W a distance of 1096.83 feet to the
POINT OF BEGINNING.
Said Parcel contains 39.47 acres more or less and Is subject to aU existing
easements and rights-of-way of record or implied.
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EXHIBIT B
Cherry Lane Christian Church Annexation
AZ-O5-023
Conceptual Site Plan
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EXHIBIT C
Cherry Lane Christian Church Annexation
AZ-O5-023
Annexation and Zoning Comments
ANEXATION & ZONING FACTS AND COMMENTS
1.
The subject property is within the Urban Services Planning Area. The legal
description submitted with the application (dated 4/15/05, stamped by Stephen
Lee) shows the property as contiguous to the existing corporate boundary of the
City of Meridian. The Public Works Department has continued that the
submitted legal description meets the requirements of the City of Meridian and
the Idaho State Tax Commission.
2.
Any future subdivision and/or development of this property shall comply with the
City of Meridian ordinances in effect at the time.
3.
Prior to the annexation ordinance approval, a Development Agreement (DA) shall
be entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoption), and the developer. The applicant shall contact the
City Attorney, Bill Nary, at 888.4433 to initiate this process. The DA shall
incorporate the following:
. That any new structure(s) shall be generally compatible in appearance and
bulk with the surrounding residential properties, as determined by the detailed
Planned Development approval as approved through a Conditional Use
process.
. That no building or other structure shall be erected, moved, added to or
structurally altered, nor shall any building, structure or land be established or
changed in use without prior approval.
. That all future uses shall 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.
. At this time the applicant proposes the following uses on the subject property:
Private School w/childcare capabilities, Church, and Administrative Offices.
The Planned Development Application as required by this Development
Agreement must include these and any other uses requested by the applicant.
. That the applicant agrees to provide cross-access to the parcels to the west and
north, prior to issuance of a Certificate of Zoning Compliance (CZC) pennit
for any future use.
. That vehicular access to this site shall be restricted to those approved by
ACHD and the City.
Cheny Lane Christian Church Exhibit C
3.
SPECIAL CONSIDERATIONS (ANN~XATION & ZONING)
1.
Access: Limiting vehicular access to this property is essential to maintaining
traffic flow on Franklin Road during peak hours. ACHD policy requires right-
in/right-out driveways located on arterial roadways to be constructed a minimum
of 150 feet ITom a stop controlled intersection; 220 feet is required for a full
access driveway. Although this property has sufficient frontage to meet the
District's policy, there is need and a request by ACHD for a detailed traffic study
prior to development. When the Franklin/Ten mile intersection is signalized, or if
safety of any accesses should become an issue, the ACHD may restrict the access
to right-inlright-out only for all access points. The final locations of points of
access will be detennined at a later date, during detailed approval through the
Planned Development process.
Because only one access to the public roadway system is being proposed for this
property to the west of the site, staff recommends that cross access be provided to
the site to the west. The idea with providing cross access to the multifamily
development is that when the church expands and/or redevelops, cross access will
be reciprocated to the proposed multifamily development. If cross access is
provided then patrons of the church can access Franklin Road at a signalized
intersection without having to cross traffic lanes on Franklin Road to exit the site.
See Annexation & Zoning Facts and Comments #2 below.
LandscaDing: Franklin Road and Ten mile Road are classified arterial roadways.
A 25-foot wide landscape buffer is currently required adjacent to arterial
roadways (MCC 12-13-10-4). Landscape buffers along Meridian Road and Ustick
Road will be required by the City with CZC/Planned Development approval.
If the subject annexation and zoning application is approved, C-N property will be
adjacent to rural residential properties zoned RUT in Ada County and an outdoor
storage facility. To buffer the existing land uses to the south and west ITom future
commercial office uses on this site, landscape buffers along the perimeter of the
site should be installed when a CZC/Plat is approved (see MCC 12-13-12).
Parking: For Churches/Schools/Gymnasium, parking stalls are currently required
at the rate of one space per 4 auditorium seats, one space per each 5 church seats,
one space per 400 s.f. of gross office floor area (administration building), 2
parking spaces per elementary classroom, 10 parking spaces per high school
classroom plus 1 for each 10 seats in and auditorium or gymnasium. (MCC 11-
B-5.B).
Sanitary Sewer: Sanitary sewer is currently not available to this site. This site is
master planned for the sewer to drain to the Black Cat lift station via extensions of
mains through Castlebrook Subdivision, Chesterfield Subdivision, and the
proposed Silver Oaks Subdivision to the west. The applicant shall be responsible
to design and install sewer mains to and through this proposed development,
Cherry Lane Christian Church Exhibit C
coordinate main size and routing with the City of Meridian Public Works
Department. Water is readily available in Ten-Mile Road and Franklin Road.
The applicant shall be responsible to design and install water main to and through
this development, coordinate main sizing and routing with City of Meridian
Public Works. The applicant shall execute City of Meridian standard fonns of
easements for any mains that are required to provide service.
MERIDIAN FIRE DEPARTMENT COMMENTS
1. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on corners when spacing pennits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC
Section 509.5.
3. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with Appendix D Section D103.6 Signs.
5. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire
Lane".
6. Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site.
7. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed per Appendix D.
Cherry Lane Christian Church Exhibit C
8. The office/commercial lot will have an unknown transient population and will have
an unknown impact on Meridian Fire Department call volumes. The Meridian Fire
Department has experienced 2612 responses in the year 2004. According to a report
completed by Fire & Emergency Services Consulting Group our requests for service
are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
9. Maintain a separation of5' from the building to the dumpster enclosure.
10. Provide a Knoxbox entry system for the complex prior to occupancy.
11. The applicant shall work with Planning Department staff to provide an address
identification plan including a pylon/monument sign at the required intersection(s).
12. All aspects of the building systems (including exiting systems), processes & storage
practices shall be required to comply with the International Fire Code.
13. Provide exterior egress lighting as required by the International Building & Fire
Codes.
14. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
15. All Daycare's with 7 or more children must pass an inspection using the criteria of
the Idaho State Fire Marshal. If the applicant has concerns about meeting the State
Fire Marshal criteria an inspection will be completed at a cost of $20.
16. There shall be a fire hydrant within 100' of all fire department connections.
17. Buildings over 30' in height are required to have access roads in accordance with
Appendix D Section D 1 05.
Cherry Lane Christian Church Exhibit C
18. This project will be required to provide a 20' wide swing or rolling emergency
access gate. The gate shall be equipped with a Knoxbox Padlock which has to be
ordered thru the Meridian Fire Department.
MERIDIAN PARKS DEPARTMENT COMMENTS
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12-13-13-6) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be
followed.
MERIDIAN PUBLIC WORKS DEPARTMENT
1. All development improvements, including but not limited to sewer, fencing,
micro-paths, pressurized irrigation and landscaping shall be installed and
approved prior to obtaining certificates of occupancy.
2. Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as detennined during the plan review process, prior
to signature on the final plat per Resolution 02-374.
3. It shall be the responsibility of the applicant to ensure that all development
features comply with the Americans with Disabilities Act and the Fair Housing
Act.
4. Applicant shall be responsible for application and compliance with and NPDES
Pennitting that may be required by the Environmental Protection Agency.
5. Applicant shall be responsible for application and compliance with any Section
404 Permitting that may be required by the Anny Corps of Engineers.
6. All grading of the site shall be perfonned in confonnance with MCC 11-12-3H.
7. Compaction test results shall be submitted to the Meridian Building Department
for all building pads receiving engineered backfill, where footing would sit atop
fill material.
8. Any existing domestic wells and/or septic systems within this project shall be
removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8.
Wells may be used for non-domestic purposes such as landscape irrigation.
9. All inigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by
Cheny Lane Christian Church Exhibit C
the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works
Department. If lateral users association approval can't be obtained, alternate
plans shall be reviewed and approved by the meridian City Engineer prior to final
plat signature.
10. Please submit all updated groundwater/soils monitoring data to the Public Works
Department for review. Any drainage areas (detention/retention basins) must be
designed to ensure that water is retained only during 1O0-year stonn events, and
for a period of time not to exceed 24 hours. Side slopes within drainage areas
shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass
seed (or other approved landscaping) shall not count towards the required open
space area. The project engineer should pay close attention to the results of field
studies detennining the groundwater, soil type & and characteristics during the
design and construction phases.
11. Two-hundred-fifty and one hundred watt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department. All
streetlights shall be installed at subdivider's expense. Typical locations are at
street intersections and/or fire hydrants. Final design locations and quantity are
detennined after power designs are completed by Idaho Power Company. The
street light contractor shall obtain design and pennit from the Public Works
Department prior to commencing installations.
12. Applicant's engineer shall be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three
feet above the highest established nonnal groundwater elevation.
ADA COUNTY HIGHWAY DISTRICT (ACHD)
Site Specific Conditions of Approval
The applicant shall submit a detailed traffic study for the site prior to receiving detailed
approval.
Cheny Lane Christian Church Exhibit C
EXHIBIT D
Cherry Lane Christian Church Annexation
AZ-O5-023
Zoning Amendment Findings
ANNEXATION & ZONING ANALYSIS
According to Ordinance 11-15-11, General Standards Applicable to Zoning
Amendments, both the P&Z Commission and Council are required "to review the
particular facts and circumstances of each proposed zoning amendment in tenus of the
following standards and shall find adequate evidence answering the following questions
about the proposed zoning amendment."
The following is the list of standards found in 11-15-11 and analysis:
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
Staff finds that the requested Neighborhood Commercial (C-N) zoning
designation is in accord with the Comprehensive Plan's Future Land Use Map,
which delineates the subject property as "Mixed Use-Regional". Meridian City
Code (MCC) 11-7-2.H. states the purpose of the C-N district is "to pennit small
scale convenience business uses which are intended to meet the daily needs of the
residents in the immediate neighborhood. .. . and shall not constitute all or any
part of a strip development concept." The following Comprehensive Plan policies
also support the annexation and proposed Church! Private School use:
.
"Pennit new. . . commercial developments only where urban
services can be reasonably provided at the time of final approval
and development is contiguous to the City." (Chapter IV, pg. 26,
Goal I, Obj. A, #6)
Municipal water, solid waste and other services exist to this area
of Meridian.
.
"Require all new parking lots to provide landscaping in internal
islands." (Chapter V, pg. 43, Goal III, Obj. D, #3)
The Site Plan submitted with the annexation application for this
property is conceptual in nature; the parking lot will be addressed
through the submittal of the planned development and shall show
internal planters, as required.
.
"Locate new community commercial areas on arterials. . .near
residential areas in such a way as to complement with adjoining
residential areas." (Chapter VII, pg. 43, Goal III, Obj. D, #3)
Cherry Lane Christian Church Exhibit D
The proposed commercial use is located at the intersection of two
minor arterial roadways. A 25-foot wide street buffer is shown
along Ten Mile Road and Franklin Road, designed in part to
mitigate potential negative impacts upon the vehicular traffic on
arterial roads. There are several major residential developments
occurring in the area to which the proposal will provide service.
.
"Restrict curb cuts and access points on collectors and arterial
streets." (Chapter VII, pg. 107, Goal IV, Obj. D, #2)
ACHD is requiring the applicant to submit a detailed traffic study
for the site. The curb cuts and access points are consistent with
other proposals of this size and nature. However, these will be
approved with the filing of a detailed Planned Development and
full review by ACHD.
Chapter VI C.2 P71 - Multiuse pathways: Pathways that encourage use by
bicyclists and pedestrians can decrease road congestion and add to the
community's quality of life. The proposed off-street and multiuse pathway
systems are depicted in Figures VI-3 and VI-4. New and existing developments
should ensure that the guidelines laid out in this plan are adopted.
With the design of the conceptual plan the applicant has included multiuse
pathways in this development. The Comprehensive Plan indicates in Figures VI -
3 and VI-4 the locations of pathways along the Ridenbaugh Canal, Eight Mile
Creek, and Ten-Mile Creek.
B.
Is the area included in the zoning amendment intended to be rezoned in the
future;
Concurrent with the annexation and zoning application, the applicant has
submitted a conceptual site plan. The site plans depicts several buildings on this
property with 1) a main building to seat 4,500 patrons and several classrooms and
2) a school with a gymnasium and an administration building. The site plan also
shows a recreation field and multiuse pathway system along the Ten Mile Creek.
Staff does not anticipate that the applicant plans to rezone the subject property in
the future if the subject annexation/zoning is approved, as the anticipated Church!
Private School uses will be conditionally allowed in the requested C-N zone.
Please see Finding "C".
c.
Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turning into a commercial area by means of conditional use
permits;
Staff finds that School/ Private Schools would be Conditional uses within the
requested C-N zone. As mentioned above, however, there is no detailed
Cheny Lane Christian Church Exhibit D
F.
development plan proposed at this time, but a Planned Development must be
submitted in compliance with the Mixed-Use Regional Designation.
D.
Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
Staff finds that the recent annexation and zoning of Stor-It, Castlebrook
Subdivision, and the recent proposal of Silver Oaks Subdivision (multifamily)
directly west of this site, dictates that the subject property be similarly zoned and
developed. The streets adjacent to this site have not been widened recently, and
neither Franklin Road nor Ten Mile Road roadway improvements abutting this
site are in the current ACHD Five-Year Work Program. Franklin Road from Ten-
Mile to Black Cat is in the planned development phase for improvement.
E.
Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
The applicant will be required to construct, operate and maintain the future
buildings in accordance with City Code. Although this area was intended for
residential and commercial uses when the 2002 Comprehensive Plan was adopted,
staff finds that the size and number of uses is consistent with the comprehensive
plan at this location. Staff finds that the design of the submitted conceptual
layouts for school/office/church buildings could be hannonious with the adjacent
properties if cross-access is provided to the parcel to the west (multifamily). Staff
further finds that the proposed uses will change the existing character of the area,
but that the proposed zone and future usee s) should be hannonious and
appropriate in appearance with the character ofthe overall area. Staff finds that
any future uses, if designed, constructed and operated in accordance with adopted
city ordinances, should be hannonious and appropriate in appearance with the
intended character ofthe vicinity.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
Commercial (school/church) vehicular access to this site could cause a potential
disturbancelhazard to existing and/or future uses. The 2002 Comprehensive Plan
Future Land Use Map designates the properties to the west as multifamily, and to
the south and east as Mixed Use Regional. The Commission and Council should
rely on public testimony to detennine whether the proposed C-N zoning will be
disturbing or hazardous to the neighboring uses.
Chell)' Lane Christian Church Exhibit D
H.
Staff finds that the use of this site for Church/School type uses should not be
hazardous or disturbing to existing or future neighboring uses if the applicant
enters into a development agreement with the City and all development and
landscaping ordinances are exercised. In addition to staffs analysis, the
Commission and Council should rely on public testimony to detennine whether or
not the potential disturbance of allowing a commercial access int%ut of this site
will substantially affect the existing or future neighboring uses.
G.
Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
Sanitary sewer is currently not available to this site. This site is master planned
for the sewer to drain to the Black Cat lift station via extensions of mains through
Castlebrook, Chesterfield and the proposed Silver Oaks to the west. Water mains
are readily available in Ten-Mile Road, and Franklin Road.
The applicant and/or future property owners will be required to pay any
applicable park and highway impact fees as well as construct on-site stonn water
drainage facilities.
On May 27,2005, 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
agencies/departments, staff finds that the public services listed above can be made
available to accommodate the proposed development. However, the joint agency
review was based on the conceptual plan, the Planned Development shall require
detailed review. 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.
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 developer will be financing the extension of sewer, water, local
street (driveway) infrastructure, utilities and irrigation services to serve the
project. Other required site improvements will be funded and constructed by the
developer through the CZClPlanned Development approval process. The primary
public costs to serve the future uses will be fire and police facilities and services.
Staff finds there will not be excessive additional requirements at public cost and
that the proposed zoning and subsequent development will not be detrimental to
the community's economic welfare.
Cheny Lane Christian Church Exhibit D
I.
Will the proposed uses 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;
Staff finds that any future uses on this site will generate additional traffic on
adjacent roadways above and beyond the existing residences. The level of impact
will depend upon the type of future use(s) and the square footage of the buildings.
Staff recognizes that traffic and noise will increase with the approval of this
development; however, do to the large size of the site and number of proposed
accesses, staff does not believe that the amount generated will be detrimental to
the general welfare of the public. Traffic will further be reviewed and
accommodated by ACHD review ofthe detailed traffic study.
The purpose ofthe C-N zone is to "to pennit small scale convenience business
uses which are intended to meet the daily needs of the residents in the immediate
neighborhood. .. . and shall not constitute all or any part of a strip development
concept." (MCC11- 7-2.H) As such, staff does not anticipate future uses will
create smoke, fumes, glare, or odors that will be detrimental to the general welfare
of persons or property in the area. Staff does not anticipate the proposed
annexation and subsequent usee s) will create excessive noise, smoke, fumes, glare,
or odors. Staff finds that the proposed Church! Private School uses should not be
detrimental to people, property or the general welfare of the area.
MCC 11-16-4 provides the P&Z Commission and City Council the authority to
require a property owner to enter into a Development Agreement with the City of
Meridian that may require some written commitment for all future uses to more
fully comply with this finding. Due to the close proximity of existing and future
residential uses, the scale of the project, and relation to neighboring uses, staff
believes that a Development Agreement is necessary to ensure that the purpose of
the C-N zone is maintained. Please see Annexation & Zoning Facts and
Comments below.
J.
Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
This parcel has a large amount of frontage on both Franklin Road and limited
frontage on Ten-Mile Road. The applicant is conceptually proposing four
driveway approaches to Franklin Road: a shared access at the mid section (for
possible future signalization), two right in and right out accesses, and a full access
at approximately the ~ section line. ACHD considers access points in their
analysis of development applications and has requested a detailed traffic study.
Staff believes that these locations will provide adequate access, but it may be
restricted based upon the detailed traffic study. To help future traffic flows in this
Cheny Lane Christian Church Exhibit D
area, staff believes that cross access between the subject property and the property
to the west and north should be provided. If cross access is provided from the
west and north, patrons of the church/school, storage facility, and multifamily
development can access Franklin Road at the V2 section line, also to be cost shared
with the property to the west. Staff believes that the proposed uses (and access)
should not be hazardous to neighboring uses or traffic flows, but development
should be restricted until ACHD has had adequate time to review a traffic study.
The Commission and Council should rely on public testimony, ACHD staff, and
City staffs analysis when determining whether or not a vehicular approach to
Franklin Road will interfere with traffic on surrounding public streets. See Special
Consideration #1 below for more analysis.
K.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
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 annexation and zoning application. Any existing trees
larger than 4" caliper that are removed shall be mitigated for, per the Landscape
Ordinance.
L. Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592,11-17-1992)"
The legal description submitted with the application, prepared by Stephen Lee
PLS of Pinnacle Engineers, Inc., shows that the property is contiguous to the
existing corporate boundary of the City of Meridian. The land directly north, and
northeast of the subject property have previously been annexed into the City and
this is a logical expansion of the City boundary. The applicant is proposing to
develop the land in substantial compliance with the City's Comprehensive Plan.
In accordance with the findings listed above, staff finds that the
annexation/zoning of this property would be in the best interest of the City.
NOTE: Staff has included Development Agreement stipulations for annexation
and zoning of this property below.
Cheny Lane Christian Church Exhibit D