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HomeMy WebLinkAboutMemosMayor Tammy de Weerd E IDIAN j, city Council Members: /71i Keith Bird oo..— Brad Hoaglun D A H O Charles Rountree David Zaremba January 25, 2011 Ten Mile Christian Church 3500 W. Franklin Rd. Meridian, ID 83642 RE: Cherry Lane Christian Church MI 06-007 The City Council of the City of Meridian approved the Development Agreement Modification for Cherry Lane Christian Church on September 19, 2006 to remove the requirement for detailed Conditional Use Permit/Planned Development approval north of Ten Mile Creek. This letter is in regard to both the development agreement approved with that application. The Unified Development Code of the City of Meridian and Idaho Code § 65-6711A provides the City the authority to require property owners to enter into a Development Agreement with the City of Meridian concurrent with an annexation or rezone application.. UDC 11-513-3132 requires the development agreement be signed by the property owner and returned to the city within one year of the city council granting approval of such modification. The Development Agreement Modification has never been signed and/or recorded. However, Cherry Lane Christian church —now Ten Mile Christian Church —has fulfilled all the conditions that the City required in the development agreement. Therefore, the City would like to leave a clear public record and rescind the requirement that your church enter into a development agreement with the City. The City of Meridian will consider rescinding the approval of the Development Agreement Modification at the March 8, 2011 City Council meeting. Please feel free to contact my office at (208) 884-5533 if you would like the Council to consider action other than rescission of this requirement by February 25, 2011. Sincerely, Q_ / t�Yl Anna Borchers Canning, AIC) City of Meridian Planning Director ABC: me cc: Steve Pardew, BRS Architects 1010 S Allante Ave Ste 100 Boise, ID 83709 William L. M. Nary, City Attorney Jaycee Holman, City Clerk Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533. Fax 208-888-6854 . www.meridiancity.org U � INTEROFFICE MEMORANDUM TO: PLANNING &ZONING COMMISSION ����� FROM: SONYA WATTERS, ASSOCIATE CITY PLANNER SUBJECT: CHERRY LANE CHRISTIAN CHURCH (CUP-07-013) �± AVG O Z 2007 COMMISSION HEARING DATE: AUGUST 2, 2007 DATE: City Of Meridian 8/2/2007 City Clerk Office CC: CITY CLERK, CALEB HOOD, BILL NARY, TED BAIRD, STEVE PARDEW The Planning Department is requesting that the Conditional Use Permit request for Cherry Lane Christian Church that is scheduled for the August 2, 2007 Commission meeting be continued to the September 6, 2007 meeting. The reason for continuance is that we are waiting for ACHD's report to include in the staff report. The Commission indicated at the public hearing on July 191h that they wanted to review ACHD's staff report prior to making a decision on the Applicant's CUP request. Please note the following e-mail from Gary Inselman, regarding the reasons for the delay in the issuance of ACHD's report: Sonya, As I told you on the phone, ACHD met with Steve Pardew of BRS and Patrick Dobie of Dobie Engineering on July 30th. At that meeting we went through a DRAFT ACHD staff report based on earlier meetings with BRS and a representative of the Church. At those earlier meetings it appeared that everyone was in substantial agreement with the DRAFT ACHD site specific conditions of approval. At the July 30th meeting new information was presented by Mr. Dobie and new requests were made on behalf of the Church by Mr. Pardew and Mr. Dobie. They have objected to the majority of the DRAFT findings and site specific conditions of approval in the DRAFT staff report. Therefore, ACHD must now consider the new information provided and re-evaluate the application taking this information into consideration and draft a new staff report. When that has been completed, we will schedule another meeting with the applicant to discuss the application and the new ACHD staff report. Some of the items Mr. Dobie objected to on behalf of the Church from the prior DRAFT staff report include: construction of turn lanes to serve the Church driveways restriction of two driveways to right-in/right-out restriction of access to commercial street along west property line despite no access proposed in application restriction of number of access points to Ten Mile Road and Franklin Road dedication of right-of-way along Ten Mile Road and Franklin Road for future expansion necessary to serve growth in the area Please let me know if you have any questions. Thanks, Gary Inselman Manager, Right -of --Way & Development Services Ada County Highway District 3775 N. Adams Street Garden City, ID 83714 (208) 387-6170 fax (208) 387-6393 INTEROFFICE MEMORANDUM TO: PLANNING & ZONING COMMISSION FROM: SONYA WATTERS, ASSOCIATE CITY PLANNER SUBJECT: CHERRY LANE CHRISTIAN CHURCH (CUP-07-013) AUG 0 2 2007 COMMISSION HEARING DATE: AUGUST 2, 2007 DATE: Q1y of IVlerg 8/2/2007 is City Clerkr. Office CC: CITY CLERK, CALEB HOOD, BILL NARY, TED BAIRD, STEVE PARDEW The Planning Department is requesting that the Conditional Use Permit request for Cherry Lane Christian Church that is scheduled for the August 2, 2007 Commission meeting be continued to the September 6, 2007 meeting. The The Commission reason for continuance is that we are waiting for ACHD's report to include in the staff report. indicated at the public hearing on July 196 that they wanted to review ACHD's staff report prior to making a decision on the Applicant's CUP request. Please note the following e-mail from Gary Inselman, regarding the reasons for the delay in the issuance of ACHD's report: Sonya, As I told you on the phone, ACHD met with Steve Pardew of BRS and Patrick Dobie of Dobie Engineering on July 30th. At that meeting we went through a DRAFT ACHD staff report based on earlier meetings with BRS and a representative of the Church. At those earlier meetings it appeared that everyone was in substantial agreement with the DRAFT ACHD site specific conditions of approval. At the July 30th meeting new information was presented by Mr. Dobie and new requests were made on behalf of the conditions of approval in the DRAFT staff report. Therefore, ACHD must now consider the new information Church by Mr. Pardew and Mr. Dobie. They have objected to the majority of the DRAFT findings and site specific provided and re-evaluate the application taking this information into consideration and draft a new staff report. When that has been completed, we will schedule another meeting with the applicant to discuss the application and the new ACHD staff report. Some of the items Mr. Dobie objected to on behalf of the Church from the prior DRAFT staff report include: —construction of turn lanes to serve the Church driveways restriction of two driveways to right-in/right-out restriction of access to commercial street along west property line despite no access proposed in application —restriction of number of access points to Ten Mile Road and Franklin Road —dedication of right-of-way along Ten Mile Road and Franklin Road for future expansion necessary to serve growth in the area Please let me know if you have any questions. Thanks, Gary Inselman Manager, Right -of -Way & Development Services Ada County Highway District 3775 N. Adams Street Garden City, ID 83714 (208) 387-6170 fax (208) 387-6393 AUGUST 2 2007 P&Z COMMISSION MEE' AL,enda Update and Project Summaries CEIVED AUG 0 2 2007 City of Meridian City Clerk Office Item #4, Waltman Property The applicant is requesting continuation to October 4th. Please open and continue this project to October 4th, 2007 Items #5 & 6, Cherry Lane Christian Church On July 19th, the Commission continued this project to acquire ACHD's comments and conditions on this project. ACHD has not yet provided final comments/conditions on this project. Staff has provided the Commission with a memo requesting that this project be continued to September 6th; please open and continue item #5 to September 6th. Z Project: Kennedy Commercial Center (PP-07-013) Location, size of property and existing zoning: The site is located at 1250 W. Overland Road, on the north side of Overland Road, approximately'/4 mile east of Linder Road. The property consists of 26.35 acres in size and is currently zoned I-L. Adjacent Land Use and Zoning: 1. North: I-84, zoned R-4 2. East: Western Electronics property, zoned I-L and Mountain View Equipment, zoned C-2 (Ada County) 3. South: Overland Road and existing rural residential properties, zoned RUT & R1 (Ada County) 4. West: Vacant property, zoned I-L Applications: Preliminary Plat for 11 commercial building lots and 2 common lots on 26.35 acres Summary of Proposed Streets and/or Access: Access to this development is proposed from W. Overland Road via S. Tech Lane, an existing private street. A driveway is also proposed at the southwest comer of the site to/from Overland Road. Staff is supportive of the proposed access points, provided a cross -access easement is provided for all lots in the subdivision to use Tech Lane and the driveway to Overland Road, driveway at the southwest corner of the site or locate the driveway directly adand that an access easement and driveway stub be provided to the property owner to the west to use the boundary, and provide access to the property to the west. This proposed driveway should be shared, to jacent to the west property reduce future access points on Overland Road. ACHD has submitted comments on this application and is supportive of the proposed access points per the conditions listed in Exhibit B. (See Section 10, Analysis, for more information.) Landscaping: 1. Width of street buffer(s): UDC 11-2C-3 requires a minimum 25-foot wide buffer along W. Overland Road (a 35foot wide buffer is shown); a minimum 10-foot wide buffer along S. Tech Lane, as shown; and a 50-foot wide buffer along I-84, as shown. Landscaping shall be provided in accordance with UDC 11-313-7, Landscape Buffers along Streets. 2. Width of buffer(s) to adjoining uses: A 25-foot wide buffer is required along the east boundary of the subdivision adjacent to the existing commercial use (Mountain View Equipment), zoned C-2 in Ada County. Landscaping along the east property line shall be provided in accordance with UDC 11-313-9. 3. Percentage of site as open space: NA 4. Other landscaping standards: Mitigation shall be required for all existing trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accordance with UDC 11-3B-10, Tree Preservation. Comprehensive Plan Designation: Industrial Compliance with Comprehensive Plan: Yes Compliance with UDC: The plat depicts S. Tech Lane extending north a total of 600 +/- feet measured from the centerline of Overland to the center of the cul-de-sac. Unified Development Code 11-6C-3 states, "No street that ends in a cul-de-sac or a dead end shall be longer than 450 feet." The proposed extension of the existing S. Tech Lane shall be limited to 450 feet as allowed by the UDC measured from the centerline of Overland to the center of the cul-de-sac. History of Previous Actions: A Planned Development/Conditional Use Permit (CUP-01-009) was approved for this Property in 2001 that allowed for daycare, office, and retail use with conditional use permit 11--/ `./ approval in the I-L zone. The conditions of this CUP run with the land and are still in effect. • The private street, S. Tech Lane, proposed to be platted as a common lot within this development was approved by City Council on December 5, 2000 Elevations: No; The Applicant did not submit conceptual building elevations with this application; elevations were submitted previously with CUP-01-009. All future structures on the site that do not comply with the building elevations and materials submitted with CUP-01-009, shall be subject to Design Review approval per the standards listed in UDC 11-3A-19 along with any Conditional Use Permit or Certificate of Zoning Compliance application, prior to issuance of building permits. [NOTE: The internal lots that are not adjacent to a street (Lots 6, 9, and 10) shall not be subject to the 8-foot pedestrian walkway requirement to the perimeter sidewalk.] Outstanding Issues) for Commission: None Staff Recommendation: Staff is recommending that the PP application be approved with the conditions listed in Exhibit B of the staff report. Notes: Project: Anytime Fitness CUP (CUP-07-015) Location, size of property and existing zoning: 3220 E. Meridian Rd., .91 acres, L-O Adjacent Land Use and Zoning: 1. North: Residential, zoned R-8 2. East: Residential, zoned R-8 3. South: Residential, zoned R6 (Ada County) 4. West: Settler's Park, zoned L-O Applications: Conditional Use Permit Summary of Request: The Applicant, Dave Evans Construction, is requesting Conditional Use Permit (CUP) approval to allow a fitness center within the Sundance Subdivision No. 5 (aka Settler's Crossing). The applicant is proposing to use the site for a 4,750 square foot single story, 24 hour fitness center. The site totals 0.91 acres and is located on proposed Lot 10, Block 1, of the Sundance Subdivision No. 5 (PP- 06-014, FP-06-042). The subject property is generally located on the northeast corner of Meridian Road and Ustick Road and is currently zoned L-O (Limited Office). The unified development code requires all indoor recreational facilities (fitness center) to obtain Conditional Use Permit approval within the L-O zoning district, prior to operation. It is important to note, Staff has approved a CZC for an office shell on the subject site, however, the applicant is proposing an indoor recreational use which requires approval of this Conditional Use Permit (CUP-07-015). Overall Project Description & Subdivision Information: (if applicable) 1. Residential Lots: 2. Non-residential Lots: 3. Total Building Lots: 1 4. Common Lots: 5. Other Lots: 6. Total Lots: 7. Gross Density: (if applicable) 8. Gross Commercial Square Footage and/or proposed # of Structures: 4,750 sq. ft. Summary of Proposed Streets and/or Access: The access to the subject site will be primarily from Meridian Road, west of the site, and Ustick Road, south of the site. Neither of these access points is on the subject property. There is an existing cross -access easement for all of the lots within this development to share drive aisles to/from the public streets. There is also interconnectivity from the existing residential neighborhood to the east of the subject property (Sundance Subdivision No. 3). The Applicant appears to be in compliance with the access conditions set forth in the approved final plat for Sundance Subdivision No. 5. Existing Constraints and Opportunities: N/A Landscaping: The Applicant has proposed approximately 15.8% landscaping on the subject site. All perimeter landscaping and planters were approved with Sundance Subdivision No. 5 final plat (FP-06- 042). As mentioned above, the final plat has not been recorded, however, a site visit was conducted to verify the perimeter landscaping and planters have been installed and are being maintained. The landscape plan prepared by Dave Evans Construction, on May 11, 2007, and labeled Sheet 1, generall complies with the UDC landscaping requirements. Y Off -Street Parking: 15 (CCR's grant shared parking) Comprehensive Plan Designation: Office u Compliance with Comprehensive Plan: Staff believes that the proposed use is consistent with the Comprehensive Plan for the reasons outlined in the staff report. Compliance with UDC: Staff believes that the proposed use is consistent with the UDC for the reasons outlined in the staff report. Proposed DA requirements: N/A History of Previous Actions: This property was approved for office uses, as a use exception to the residential portion of the development, as part of a PUD for Sundance in 2002. The first subdivision approved on this property allowed for 4 office lots within Sundance Subdivision No. 3. Sundance Subdivision No. 5 (aka Settlers Crossing) is a re -subdivision of the 4 office lots, Lots 21, 22, 25, and 26 of Sundance Subdivision No. 3. In 2006 City Council approved a rezone of 5.4 acres from R-8 (Medium Density Residential) to L-O (Limited Office); preliminary plat (PP-06-014) of 12 office building lots; and Conditional Use Permit (CUP-06-011) to modify CUP-01-026 to allow the addition of 8 building lots and change the building pad layouts and parking configuration. An addendum to the Development Agreement (MI-06-001) was also recorded to reflect the changes mentioned above. The final plat for Sundance Subdivision No. 5 (FP-06-042) has been approved but not recorded for the subject site. Other: N/A Elevations: Yes (see pictures included with staff report) Outstanding Issue(s) for Commission: N/A Staff Recommendation: Staff recommends approval of the Anytime Fitness Cup-07-015, for the reasons outlined in the staff report. Notes: Staff received a letter of testimony from Mr. Vance Barbour in opposition of the Anytime Fitness conditional use permit.