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Home My WebLink AboutStaff Comments RECEIVED STAFF REPORT CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARrNG DATE OF SEPTEMBER$~~CJli 4 2006 l"r~' . Of Meridian .'t.." . lerk Office ~O /'ITY.'F 1,Rl '-..7VltJrldian'~; \~ I, I:).\J-!() t \~, /l ,[~\)' /-,~ .........!~~,,~~ "r'S:..\...U.'lI' \I__~~.>."-'" -., t'~~! ( - .'- ';Wl Hearing Date: September 19, 2006 Mayor and City Council Sonya Watters, Associate City Planner s.- TO: FROM: SUBJECT: Cherry Lane Christian Church Development Agreement Modification (MI- 06-007) Request to Modify the Recorded Development Agreement for Cherry Lane Christian Church to Remove the Requirement for Detailed Conditional Use PermitIPlanned Development Approval North ofTen Mile Creek, by Cherry Lane Christian Church. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Cherry Lane Christian Church, has submitted a Miscellaneous Application (M!) requesting modification to the recorded Development Agreement for Cherry Lane Christian Church, located in a C- N zone, to remove the requirement for detailed conditional use permit/planned development approval for development north ofTen Mile Creek. The subject Development Agreement was approved by City Council on December 6,2005 and recorded December 15, 2005 as Instrument No. 105191334, records of Ada County, Idaho. The applicant is proposing to amend pages 3 and 4 ofthe Development Agreement for AZ-05-023 as follows: 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning OrdiaaRee Unified Development Code codified as Meridian City Code Section 11 7 2 (H)2B-l, which are herein specified as follows: COFlstrnetioFl aad development of @it1:1er a The applicant shall submit a detailed conditional use permit or a plallrled development application shall be m4mitted to the City of Meridian prior to a future develoflffi@flt iFl tHe C N zoa0, aad the p@rtiBeRt provisioa3 of th@ City of Meridian Compr0Reasive Plan are applieable to tHis J\Z 05 023 applicatioR in compliance with the approved conceptual site plan. dated March 24,2005. prior to any future development south of the Ten Mile Creek. Regarding the proposed improvements north of the Ten Mile Creek (being the relocation of the existinll house, proposed stand alone llaralle. roof structure over the picnic area. public restrooms and maintenance buildinll). the applicant shall submit a Certificate of Zoninll Compliance application prior to buildinll permit submittal. The pertinent provisions ofthe UDC standards for the C-N district and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ-05-023 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CillIDITIONAL USE: "Owner/Developer" has submitted to "City" an applieati0R for eOflditienall:ls@ p@ffl:l:it a conceptual site plan dated ,\pril 26 March 24, 2005, and shall be required to obtain the "City" approval thereof, of a detailed conditional use permit in accordance to the City's Z0Hiag aad De'le10pment Ordiflaflee Unified Development Code criteria, tftefeiFl, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that requ.ire a eoaditioHall:lse pBflllit south ofthe Ten Mile Creek. No Flew buildiFlgs are Cherry Lane Christian Church DA Mod MT-06-007 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19,2006 approved for GOflstruetiofloodoc this eOReeptual CUP/PD applieatioa (File :No. CUP 04 051). ,\1l futlH'e Buildiags saall re~ire approval 0f a detail@d CUP prior to s1.tbmittal of any Certifieate of Zoning Comfllianee applieation and/or Bl:lildiag p0rmit. "Owner/Developer" shall be required to obtain the "City" approval of a certificate of zoning; compliance in accordance to the City's Unified Development Code criteria. prior to. and as a condition of, the commencement of construction of any building;s or improvements on the "Property" north of the Ten Mile Creek. Such development is anticipated to include the relocation of existing; building;s and the construction of new building;s which are accessory in use to the church. All building;s lrreater than 7,500 S.f. shall be required to comply with Desilm Standards as specified in UDC 11- 3A-19C. Note: Staffworked with the Applicant to modify some of the proposed language in the Development Agreement due to some inaccuracies, so what appears in the original application narrative from the applicant will differ slightly than that in this report. The City has sent out notices of the subj ect request in accordance with the current standards for public hearings (see Section 4 below for publication dates.) There are no required findings for a miscellaneous application/development agreement modification. Below, in the History/Staff Analysis section, staff has provided the most pertinent facts and analysis related to the proposed development agreement modification. 2. LOCATION & SURROUNDING USES The subject property is located on the northwest comer ofW. Franklin Road and N. Ten Mile Road, in Section 10, Township 3 North, Range I West. The following uses surround the subject property: North - Commercial (storage facility), zoned C-N South - Agricultural land, zoned RUT (Ada County) East - Agricultural land, zoned RUT (Ada County) West - Multi-family residentiaVoffice (Silver Oaks Sub.), zoned R-15/L-O 3. OWNER OF RECORD The property owner of record is Cherry Lane Christian Church, 2571 W. Cherry Lane, Meridian, ill 83642. 4. PROCESS FACTS a. Miscellaneous applications are not currently addressed in Title II ofthe Unified Development Code. It has been determined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will in fact require a public hearing before the City Council. b. Newspaper notifications published on: August 28 and September 4, 2006 (for City Council hearing) c. Radius notices mailed to properties within 300 feet on: August 24,2006 (for City Council hearing) d. Applicant posted notice on site by: September 8, 2006 (for City Council hearing) 5. HISTORY/STAFF ANALYSIS The church site was annexed into the City and approved under the old Meridian City Code in 2005. A conceptual site plan showing the future development of the site was submitted with the annexation Cheny Lane Christian Church DA Mod MI-06-007 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF SEPTEMBER 19, 2006 request and approved by City Council. The Development Agreement approved as part of the annexation for this project required the applicant to obtain detailed conditional use permit/planned development approval for all future buildings constructed on the site. Since the annexation ofthis property, the City development ordinance has changed and no longer requires a conditional use permit/planned development for the construction of more than one building on a lot. For this reason, Staff supports allowing the applicant to obtain Certificate of Zoning Compliance approval for development north ofTen Mile Creek but since elevations of the church, school, and administrative office building proposed south of the Ten Mile Creek were not submitted with the conceptual site plan, and since Council specifically wanted to require that the applicant submit for conditional use permit approval for these buildings at the time of development, a detailed conditional use permit will still be required for development south ofthe Ten Mile Creek. Staff supports the proposed Development Agreement modification. Staff recommends that the City Council reference any public testimony that may be provided on this subject at the public hearing. RECOMMENDATION: Staff recommends that an amendment to the recorded Development Agreement for this site be aooroved, which removes the requirement for a detailed conditional use permit/planned development to be approved for develooment north of Ten Mile Creek. as requested by the applicant. Staff recommends that the Development Agreement, recorded on December 15, 2005, as Instrument No. 105191334, records of Ada County Idaho, be amended as stated aboye and that the Mayor and City Council direct the Legal Department to draft an amendment to the Development Agreement as stated above. Cheny Lane Christian Church DA Mod MI-06-007 Page 3