HomeMy WebLinkAboutCherry Lane Christian Church CUP-07-013CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
In the matter of Conditional Use Permit for detailed site plan approval of the Cherry Lane
Christian Church site per requirement of the Development Agreement; approval for
deviations from the UDC regarding dimensional and development standards in the C-N
zone for the church use; approval for future phases to only be required to obtain design
review approval with the Certificate of Zoning Compliance instead of Conditional Use
Permit; and approval of an urban farm use for the portion of the site proposed to be
developed in future phases, by Steve Pardew.
Case No(s). CUP-07-013
For the Planning and Zoning Commission Hearing Date of: July 19, August 2, and
September 6, 2007 (Findings approved on September 6, 2007)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 19, 2007,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of July 19, 2007,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 19,
2007, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of July 19, 2007, incorporated by reference)
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 Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-013
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
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 Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Site Plan, Master Site Plan, Landscape Plan, Master
Landscape Plan, Building Elevations, and Conditions of Approval all in the attached Staff
Report for the hearing date of July 19, 2007, incorporated by reference. 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 Planning & Zoning Commission's authority as provided in Meridian City
Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
The applicant's Conditional Use Permit request as evidenced by having submitted the
Site Plan and Master Site Plan, dated 9/4/07; the Landscape Plan and Master Landscape
Plan, dated 8/29/07; and Building Elevations, dated 9/4/07, is hereby conditionally
approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of July 19, 2007, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-013
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission maybe granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to 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 maybe filed.
2. 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 maybe 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. Attached: Staff Report for the hearing date of July 19, 2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-013
By action of the Pla ing & Zoning Commission at its regular meeting held on the
day of , 2007.
COMMISSIONER MICHAEL ROHM VOTED
(Chair)
COMMISSIONER DAVID MOE VOTED
COMMISSIONER WENDY NEWTON-HUCKABAY VOTED
COMMISSIONER TOM O'BRIEN VOTED_ ~~
COMMISSIONER STEVE SIDDOWAY VOTED~~`S'~!,/~
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CH IRMAN MICHAE ROHM
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-07-013
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
STAFF REPORT Hearing Date: July 19, 2007
TO: Planning & Zoning Commission
FROM: Sonya Wafters, Associate City Planner
(208) 884-5533
SUBJECT: Cherry Lane Christian Church (Phase 1)
• CUP-07-013
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Conditional Use Permit for detailed site plan approval of the Cherry Lane
Christian Church site per requirement of the Development Agreement;
approval for deviations from the UDC regarding dimensional and
development standards in the C-N zone for the church use; approval for future
phases to only be required to obtain design review approval with the
Certificate of Zoning Compliance instead of Conditional Use Permit; and
approval of an urban farm use for the portion of the site proposed to be
developed in future phases.
• DES-07-005
Design Review for structure over 7,500 square feet in a C-N zone
UPDATE: This project was originally heard by the Commission on July 5, 2007. At that hearing,
the Commission declined to make a decision because ACHD's comments had not been received yet
and they wanted to have that information before making a decision. The ACHD report was still not
completed by the August tad hearing so the project was continued until September 6`". Comments
have been received from ACHD and Staff has included those comments in this report for the
September 6t" public hearing (see Exhibit B). Additionally, the Applicant has submitted revised
elevations that reflect the Commission's desire for the proposed metal siding to be used as an
accent material as required by the UDC rather than as a main building material as originally
proposed. Further, the Applicant has submitted revised plans that show a reduction in the size of
the structure proposed in phase 1 from 48,000 square feet to 35,277 square feet; a reduction in
parking from 481 to 4l3 spaces; and seating capacity in Phase 1 sanctuary was previously 888 and
is now 760. The Master Plan has been revised to reflect a reduction in the overall parking proposed
from 2,388 spaces to 2,050 spaces; the total square footage of all buildings before was 316,858 and
is now 333,621, the difference being in the master church building previously 229,475 square feet
and is now 246,238 square feed The revised site plan also depicts a relocation of the easterly access
to Franklin Road shown on the Master Site Plan to be shifted further to the west, as required by
ACHD. Please see revised plans in Exhibit A of this staff report.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Steve Pardew, is requesting a Conditional Use Permit (CUP) for detailed site plan
approval of the first phase of the Cherry Lane Christian Church (CLCC) site, per requirement of the
Development Agreement. The CUP also includes requests for deviations from the Unified
Development Code (UDC) regarding dimensional and development standards in the C-N zone for the
church use (see Section 10, Analysis, for more information). Additionally, the Applicant is requesting
that future phases proposed on this site only be required to obtain design review approval with the
Certificate of Zoning Compliance, not Conditional Use Permit approval. Lastly, the Applicant is
requesting approval of an urban farm use for the portion of the site proposed to be developed in future
phases, which requires CUP approval in the C-N zone.
The property consists of 39.47 acres and is currently zoned C-N (Neighborhood Business District).
Cherry Lane Christian Church CUP-07-013 & DES-07-005 Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
The site is located at 175 N. Ten Mile Road, on the northwest corner of N. Ten Mile Road and W.
Franklin Road.
When this property was annexed in 2005, a conceptual site plan was submitted with the application.
The owner/developer proposed to use the property primarily as a church with accessory support
facilities and services as follows: worship facilities, educational facilities, administrative offices,
childcare facilities, maintenance buildings, caretaker/security residences, recreational facilities/pocket
park, religious bookstore, and food service. Because only a conceptual plan was submitted with the
annexation, and because the City did not have design standards (reviewable at staff level) at that time,
a provision was included in the Development Agreement for the Applicant to submit a CUP for
detailed approval prior to future development of this property.
The first phase of the CLCC site will be constructed south of Ten Mile Creek and will consist of a
48,000 square foot church building capable of seating 888 people in the sanctuary; an administration
office area; a fellowship area at the front entry in the lobby; and classroom space for the nursery
children, middle school, high school, and adult programs. The church campus is proposed to be
constructed in phases as the congregation and its fmancial abilities grow.
Because the church building proposed for this site is over 7,500 square feet in a C-N zone, the
Applicant is required to comply with the design standards listed in UDC 11-3A-19C (see Section 10,
Analysis of this staff report for more information). The applicant has applied for Design Review
(DES) approval concurrently with the CUP application; however, the Commission is not required to
make a decision on the design review portion, only the CUP. Per UDC 11-SA-2, Design Review is an
administrative approval process and does not require Commission action. However, if the
Commission has comments related to the design review standards they can be incorporated into the
conditions of approval.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested CUP application below. Staff recommends
approval of CUP-07-013 (and DES-07-005) for the Cherry Lane Christian Church, as presented
in the Staff Report for the hearing date of July 5, 2007, based on the Findings of Fact as listed in
Exhibit C and subject to the conditions listed in Exhibit B. The Meridian Planning and ZoniIIg
Commission heard this item on July 19, 2007. At the hearing, the Commission approved CUP-
07-013.
The Meridian Planning and Zoning Commission heard this item on JuIV 19, August 2, and
September 6, 2007. At the public hearing on September 6, 2007, they moved to approve CUP-
07-013.
a. Summary of Commission Public Hearing on July 19.2007:
i. In favor: Larry Woodard (minister at CLCC); Steve Pardew, BRS Architects
(Applicant's Representative)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Sonya Wafters
vi. Other staff commenting on application: Caleb Hood
b. Key Issues of Discussion by Commission:
i. Additional building height allowance with CUP approval;
ii. The proposed use of metal as a main siding material for the church building vs.
an accent material as required by the UDC ;
Cherry Lane Christian Church CUP-07-013 & DES-07-005 Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
iii. Deferral of the requirement to landscape the area south of the meanderin
sidewalk adiacent to Franklin Road until after the Ten Mile/Franklin
intersection improvements have been completed; and
iv. Concern that the required 25' wide buffer along Franklin Road is provided
beyond ACHD's future right-of--way.
c. Key Commission Changes to Staff Recommendation:
i. None
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-07-
013 (and DES-07-005), as presented in the staff report for the hearing date of July 19, 2007, with the
following modifications to the conditions of approval: (add any proposed modifications). Staff has
already prepared the anticipated findings for this application to be approved as the next agenda item.
If Commission proposes modifications to the conditions of approval, the findings document should be
modified and considered at the next Planning and Zoning Commission hearing on September 20,
2007.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number CUP-07-
013 (and DES-07-005), as presented during the hearing on September 6, 2007, for the following
reasons: (you must state specific reasons for denial and what the applicant could do to obtain your
approval in the future). I further move to direct Staff to prepare an appropriate findings document to
be considered at the next Planning and Zoning Commission hearing on September 20, 2007.
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP-
07-013 (and DES-07-005) to the hearing date of (insert continued hearing date here) for the following
reason(s): (you should state specific reason(s) for continuance)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
175 N. Ten Mile Road (Parcel #51210449010)
Generally located on the northwest corner of N. Ten Mile Road and W. Franklin Road
Southeast 1/ of Section 10, Township 3 North, Range 1 West.
b. Owner:
Cherry Lane Christian Church
P. O. Box 671
Meridian, ID 83680
c. ApplicanUContact:
Steve Pardew, BRS Architects
1010 S. Allante Place, Suite 100
Boise, ID 83709
d. Present Zoning: C-N (Neighborhood Business District)
e. Present Comprehensive Plan Designation: Mixed Use -Regional (MU-R)
Cherry Lane Christian Church CUP-07-013 & DES-07-005 Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
f. Description of Applicant's Request: The Applicant is requesting a Conditional Use Permit (CUP)
for detailed approval of phase 1 of the Cherry Lane Christian Church site, as required by the
Development Agreement. Phase 1 consists of the church building. "This building will support the
worship, learning, administration, and fellowship functions within this initial building. As the
congregation grows and those ministries continue to expand, additional buildings as represented
in the master plan will be constructed to better facilitate the function and growth of those needs
within the campus master plan. The specified land use and zoning previously approved in the
existing development agreement is unchanged by this application." The Applicant is also
requesting approval of an urban farm use and for deviations from the Unified Development Code
(UDC) regarding dimensional and development standards in the C-N zone for the church use as
part of the CUP (see Applicant's narrative for more information and Section 10, Analysis, of this
report).
5. PROCESS FACTS
a. The subject application will, in fact, constitute a conditional use as determined by City
Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D,
a public hearing is required before the Planning and Zoning Commission on this matter.
b. Newspaper notifications published on: July 2, 2007 and July 16, 2007
c. Radius notices mailed to properties within 300 feet on: July 2, 2007
d. Applicant posted notice on site by: July 3, 2007
6. LAND USE
a. Existing Land Use(s): Vacant
b. Description of Character of Surrounding Area: The surrounding area is largely agricultural with a
multi-family/office development in process to the west.
c. Adjacent Land Use and Zoning:
1. North: Rural residentiaUagricultural property, zoned Rl & RUT (Ada County) & mini-
storage and vacant property zoned C-N.
2. East: Rural residentiaUagricultural property, zoned RUT (Ada County)
3. South: Rural residentiaUagricultural property, zoned RUT (Ada County)
4. West: Vacant property (approved for multi-family & office uses), zoned R-15 & L-O
d. History of Previous Actions Pertaining to this Site:
• This property was annexed (AZ-OS-023) into the City with a conceptual development
plan and zoned C-N in 2005. A Development Agreement (DA) was recorded (Instrument
No. 105191334) for the property at that time.
• A Miscellaneous application (MI-06-007) was approved in 2006 to modify the above-
referenced development agreement for Cherry Lane Christian Church that removed the
requirement for detailed Conditional Use Permit/Planned Development approval for
structures north of Ten Mile Creek (DA amendment has not yet been recorded).
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: This property will sewer to the 21 inch main located in the south portion
of the property.
Cherry Lane Christian Church CUP-07-013 & DES-07-005 Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
Location of water: There is water for this project in W Franklin Road and N Ten mile Road.
Issues or concerns: No manholes shall be placed in landscape islands or parking stalls.
2. Vegetation: There are a few trees existing trees along Franklin Road that are proposed to be
removed. The Applicant shall contact Ekoy Huff, the City Arborist, at 888-3579 to certify if
mitigation is required, prior to removal.
3. Floodplain: A portion of this property along the Ten Mile Creek lies within flood zone "A"
but is not within the floodplain.
4. Canals/Ditches Irrigation: The Ten Mile Creek bisects this property.
5. Hazards: The Planning Department is not aware of any hazards associated with this property.
6. Existing Zoning: C-N (Neighborhood Business District)
7. Property Size: 39.47 acres
£ Conditional Use Information:
1. Non-residential square footage: 48,000 square feet (phase 1)
2. Hours of Operation: 8:00 am to 10:00 pm, 7 days a week
g. Off-Street Parking:
1. Parking spaces required: 96
2. Parking spaces provided: 481 (an additional 156 spaces are provided for overflow parking,
proposed on a treated gravel surface)
3. Compact spaces proposed: None
h. Landscaping
1. Width of street buffer(s): A 25-foot wide street buffer is required along W. Franklin Road; a
25-foot wide buffer is required along N. Ten Mile Road; and a 20-foot wide buffer is required
along N. Umbria Hills Avenue along the west property boundary, as shown on the plan. Said
buffers must be installed according to the standards listed in UDC 11-3B-7.
2. Width of buffer(s) between land uses: A 20-foot wide buffer is required along the west
property boundary adjacent to the residentially zoned property approved for multi-family
units. Said buffer shall be installed according to the standards listed in UDC 11-3B-9.
3. Other landscaping standards: Parking lot landscaping shall comply with the standards listed
in UDC 11-3B-8.
i. Required dimensional standards for the C-N zone, per UDC 11-2B-3:
Front setback: 20'
Rear setback: 25'
Interior side setback: 0'
Maximum building height: 35' (see UDC 11-2B-3A3 for allowances for additional height)
Maximum building size without design standard approval: 7,500 square feet
j. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): One driveway
to/from W. Franklin Road (a principal arterial street) is proposed with this phase of the
development. This access point will be the primary access to/from the site. An access point
to/from N. Umbria Hills Avenue is also proposed with this phase at the west property boundary.
Cherry Lane Chrisrian Church CUP-07-013 & DES-07-005 Page 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
Staff is supportive of the access points shown; however, the Fire Department is requesting an
additional access road to the east side of the church building from Ten Mile Road for emergency
access (see Exhibit B, 3.18).
7. COMMENTS MEETING
On June 15, 2007, a joint agency and departments meeting was held with service providers in this
area. The agencies and departments present included: Meridian Fire Department, Meridian Parks
Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary
Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B
below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The 2002 Comprehensive Plan Future Land Use Map designates the subject property as Mixed Use -
Regional (MU-R). Per Chapter VII of the Comprehensive Plan, the Mixed Use land use category
contains five sub-categories. "Generally, the mixed-use designation will provide for a combination of
compatible land uses that are typically developed under a master or conceptual site plan. The purpose
of this designation is to identify key areas which are either infill in nature or situated in highly visible
or transitioning areas of the city where innovative and flexible design opportunities are encouraged.
The intent of this designation is to offer the developer a greater degree of design and use flexibility."
The MU-R category allows for residential densities of 3 to 40 units per acre. This category includes
uses such as grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, professional
offices, retaiUgift shops, clothing stores, garden centers, restaurants, banks, drive-thru facilities, auto
service stations, department stores, medicaUdental clinics, schools, parks, churches, public uses,
clubhouses, hardware stores, salons, daycares, entertainment uses, major employment centers, and
clean industry.
The future land use designation for the subject property changed with the adoption of the Ten Mile
Specific Area Plan (TMSAP) from Mixed Use -Regional (MU-R) to Civic, which also allows church
uses. Because this application was submitted prior to the adoption of the TMSAP, the guidelines of
the MU-R designation apply to the development of this property. Additionally, to ensure consistency
with future development for this area Staff is recommending that the TMSAP guidelines pertaining to
landscaping/screening also apply to this development as follows:
• All parking lots visible from public thoroughfares should be screened by plantings or walls or
a combination of the two (Ten Mile Specific Area Plan, Chapter 3, Page 27)
Staff is recommending as a condition of approval that the Applicant include a combination of
landscaping and berms along Franklin Road and Ten Mile Road to satisfy the purpose of this
portion of the plan.
Staff finds that the requested church use of the property generally conforms to the stated purpose,
intent, and standards of the MU-R land use category within the Comprehensive Plan. Staff finds the
following Comprehensive Plan policies to be applicable to this property and apply to the proposed use
(staff analysis in italics):
Cherry Lane Christian Church CUP-07-013 & DES-07-005 Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
• Locate new community commercial areas on arterials or collectors near residential areas in
such a way as to complement with adjoining residential areas (Chapter VII, Goal I, Objective
B, Action 5, page 109).
This site is located on the corner of two arterial streets and is adjacent to the previously
approved Umbria Subdivision, a multi family residential development with offices fronting
Franklin Road. The proposed church should complement the adjacent residential uses while
providing amuch-needed service in this area.
• Require all commercial and industrial businesses to install and maintain landscaping (Chapter
V, Goal III, Objective D, Action 5, page 43).
The landscape plan depicts street buffers adjacent to Franklin Road and Ten Mile Road and
a buffer to the future residential uses along the west property boundary. Internal parking lot
landscaping is also proposed. All landscaping must comply with the standards in UDC 11-
3B.
• Permit schools, churches, and other public and quasi-public uses in rural areas, that are
compatible with adjacent uses.
This site is largely surrounded (on the south, southeast, and east corners) by rural properties.
Staff believes that the proposed church will be compatible with adjacent uses.
• Require appropriate landscape and buffers along transportation corridor (setback, vegetation,
low walls, berms, etc.) (Chapter VII, Goal IV, Objective D, Action 5).
A 25 foot wide street buffer is required along Franklin Road and Ten Mile Road. The
landscape plan submitted with this application depicts landscaping within these buffers that
comply with the requirements in UDC I1-3B-7.
• Ensure a variety and balance of land uses to support the Meridian Impact Area (Chapter VII,
Goal I, page 109)
The proposed church use of the property will contribute to the variety of uses in this area.
• Require all new parking lots to provide landscaping in internal islands (Chapter V, Goal III,
Objective D, Action 3, page 43).
The site plan indicates that internal parking lot landscaping will be provided on the site. All
parking lot landscaping must comply with the standards listed in UDC 11-3B-8.
• Permit new residential, commercial, or industrial developments only where urban services
can be reasonably provided at the time of final approval and development is contiguous to the
City (Chapter IV, Goal I, Objective A, Action 6, page 26).
The City approved the annexation of this property in 2005 with the intention of providing City
services to the property upon development.
Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible
with the surrounding uses. Staff recommends that the Commission rely on any verbal or written
testimony that may be provided at the public hearing when determining if the applicant's request is
appropriate for this property.
9. ZONING ORDINANCE
a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and
conditional uses in the C-N zoning district. Churches are a permitted use in the C-N zone. An
Cherry Lane Christian Church CUP-07-013 & DES-07-005 Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
urban farm is a conditional use in the C-N zone.
b. Dimensional Standards: UDC 11-2B-3 lists the dimensional standards applicable to the C-N zone
for this property.
c. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail
and service needs of the community in accord with the Meridian Comprehensive Plan. Four
districts are designated which differ in the size and scale of commercial structures accommodated
in the district, the scale and mix of allowed commercial uses, and the location of the district
proximity to streets and highways.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the
proposed CUP request as presented in the staff report, with the following comments:
CUP: The Applicant is requesting a Conditional Use Permit (CUP) for detailed site plan
approval of the first phase of the Cherry Lane Christian Church (CLCC) site, per
requirement of the recorded Development Agreement. The first phase of the CLCC site will
be constructed south of Ten Mile Creek and will consist of a 48,000 square-foot church building
capable of seating 888 people in the sanctuary; an administration office area; a fellowship area at
the front entry in the lobby; and classroom space for the nursery children, middle school, high
school, and adult programs. The church campus is proposed to be constructed in 10 phases as the
congregation and its financial abilities grow. The CUP also includes requests for deviations
from the Unified Development Code (UDC) regarding dimensional and development
standards in the C-N zone for the church use as described below in this section.
Additionally, the Applicant is requesting CUP approval of an urban farm use for the
portions of the property proposed to be developed with future phases. Lastly, the Applicant
is requesting that approval of future phases be allowed at staff level through the design
review process instead of CUP process. The Applicant has submitted a master site plan that is
more refined that the conceptual master pan approved with the annexation. The layout and
traffic flow has been revised at Staff s direction to break up the visual connection of asphalt
parking to Franklin with a less rigid landscape island configuration, and a relocation of the
administration building for a presence and representation of the church at the gateway
intersection of Ten Mile and Franklin. The administration building is also now planned to
provide a retail function likely represented by a future book store or cafe. For these reasons,
Staff is supportive of allowing future phases to be approved at staff level through design review
with the Certificate of Zoning Compliance application provided that future phases comply with
the master site plan submitted with this application. Further, the Development Agreement for
this site required a CUP/PD to be submitted to the City prior to future development in the C-N
zone. This requirement has been satisfied with the subject CUP.
Ten Mile Specific Area Plan (TMSAP): This property lies within the area designated for the
TMSAP. Although the TMSAP was adopted after this application was submitted, to ensure
consistency with future development for this area Staff is recommending that the guidelines
pertaining to landscaping/screening apply to this development. The TMSAP recommends that all
parking lots visible from public thoroughfares be screened by plantings or walls or a combination
of the two. Staff is recommending as a condition of approval that the Applicant include a
combination of landscaping and berms along Franklin Road and Ten Mile Road to satisfy the
purpose of this portion of the plan. Other than the afore-mentioned item, phase 1 of the CLCC
site substantially complies with the purpose of the TMSAP.
Cherry Lane Christian Church CUP-07-013 & DES-07-005 Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 19, 2007
Design Standards: Because the church building proposed for this site is over 7,500 square feet in
a C-N zone, the Applicant is required to comply with the design standards listed in UDC 11-3A-
19C, as follows (staff analysis in italics):
1. Architectural Character:
a. Facades: Facades visible from a public street shall incorporate modulations in the
facade, roof line recesses and projections along a minimum of twenty percent (20%)
of the length of the facade. The southern elevation of the proposed building visible
from Franklin Road incorporates modulations in the facade, roofline recesses and
projections in excess of the required amount.
b. Primary public entrance(s): The primary building entrance(s) shall be clearly defined
by the architectural design of the building. Windows, awnings, or arcades shall total a
minimum of thirty percent (30%) of the facade length facing a public street. The
primary building entrance on the south elevation is clearly defined by a 22 foot tall
glazing across the entire width of the front lobby and the roofline over the entry is a
low sloping 1 in 12 roof to allow a better visual connection to the cross. The windows
shown on the south elevation (Franklin exposure) exceed the required 30% of the
facade length.
c. Roof lines: Roof design shall demonstrate two or more of the following: a)
overhanging eaves, b) sloped roofs; c) two (2) or more roof planes; d) varying
parapet heights; and e) cornices. The proposed roof design incorporates sloped
rooflines on two roof planes, and overhanging eaves over the entryway, which
complies with this requirement.
d. Pattern variations: At least two (2) changes in one (1) or a combination of the
following shall be incorporated into the building design: color, texture and/ materials.
The building facade is proposed to be three different colors (sand, blue Hawaiian, &
snow white) and the building design incorporates stucco, cultured stone, and metal
siding with metal accent bands, which complies with this requirement.
e. Mechanical equipment: All ground-level and rooftop mechanical equipment shall be
screened to the height of the unit as viewed from the property line. All mechanical
equipment is screened from view by a parapet wall, which complies with this
requirement. Any ground level equipment should also be screened from view
2. Color and materials: Exterior building walls shall demonstrate the appearance of high-
quality materials of stone, brick, wood or other native materials. Acceptable materials
include tinted or textured masonry block, textured architectural coated concrete panels,
tinted or textured masonry block, or stucco or stucco-like synthetic materials. Smooth-faced
concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited except as
accent materials. The materials proposed for the exterior building walls are stucco, pre-
finished smooth flush panel metal siding/fascia, and cultured stone with metal accent
bands. The proposed stucco and cultured stone with metal accent bands comply with this
requirement: However, Staff is concerned about the proposed metal siding. The
Applicant states that the siding is not corrugated metal as typically seen on industrial
buildings but is a smooth, high quality, low maintenance material. The Applicant intends
to bring a sample of the material to the Commission meeting for viewing purposes. Also,
see narrative and pictures included in Exhibit A of this report from the Applicant
regarding the proposed metal siding. The Commission should determine at the hearing if
the proposed metal siding will demonstrate the appearance of high quality native
materials as intended by the design standards contained in UDC Il-3A-I9C2.
Cherry Lane Christian Church CUP-07-013 & DES-07-005 Page 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
Parking Lots: No more than seventy percent (70%) of the off-street parking area for the
structure shall be located between the front fagade of the structure and abutting streets,
unless the principal building(s) and/or parking is/are screened from view by other
structures, landscaping and/or berms. The site complies with this requirement (397 spaces
are proposed in front and 240 spaces are proposed on the side and rear for a total of 60%
parking between the front facade and the street).
4. Pedestrian walkways:
a. A continuous internal pedestrian walkway that is a minimum of eight feet (8') in width
shall be provided from the perimeter sidewalk to the main building entrance. The
walkway width shall be maintained clear of any outdoor sale displays, vending
machines, or temporary structures. An 8 foot wide pathway is proposed from the
perimeter sidewalk along W. Franklin Road to the main building entrance, which
complies with this requirement.
b. The internal pedestrian walkway shall be distinguished from the vehicular driving
surfaces through the use of pavers, colored or scored concrete, or bricks. The internal
pedestrian walkway is proposed to be distinguished from other walkways by striping,
which does not comply with this requirement. These pathways shall be constructed
with pavers, colored or scored concrete or bricks where they cross vehicular driving
surfaces, as required.
c. Walkways at least eight feet (8') in width, shall be provided for any aisle length that is
greater than one-hundred fifty (150) parking spaces or two hundred feet (200') away
from the main building entrance. An 8' wide walkway is proposed through the center of
the parking lot from Franklin Road to the main building entrance and S' wide
sidewalks are proposed on each side of the parking area to the south. Four foot wide
walkways are also proposed to the north and sides of the building within the planter
islands. The walkways proposed on the site plan meet this requirement.
d. The walkways shall have weather protection (including but not limited to an awning or
arcade) within twenty feet (20') of all customer entrances. The applicant's narrative
states that four self-supported awnings will be constructed in the plaza that are
diagonally located to provide cover from weather in access of the main entries as well
as provide protection from weather while waiting to be picked up.
Dimensional Standards: The applicant shall comply with the dimensional standards listed in
UDC 11-2B-3 for the C-N zone. Staff has reviewed the site plan submitted with this application
and found it to comply with the required dimensional standards of the C-N zone. except for the
following:
Per UDC 11-2B-3, the maximum building height allowed in the C-N zone is 35 feet.
The maximum height limitations do not apply to architectural features that are not
intended for human occupation such as the proposed belfry and cross, which are
allowed a maximum height limit of 20 feet as measured from the roofline. (The UDC
does not specify a maximum square foot or horizontal measurement allowed for the
belfry structure.) Additional height exceeding 20% of the maximum height allowed
for the district requires approval through a CUP. With these allowances, the
maximum height is allowed to extend to 62 feet in height if a CUP is granted, as
proposed. Further, the Applicant states that the belfry will not contain a bell but
will have an exposed roof underneath for HVAC equipment. Because the belfry and
cross are not for human occupation and because the height of the building complies
with the height requirements, Staff is supportive of the requested height
Cherry Lane Christian Church CUP-07-013 & DES-07-005 Page 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
Urban Farm: The applicant is requesting approval as part of this CUP to allow the existing
alfalfa field that surrounds phase 1 of the church development to remain until the site is
expanded in the future and be considered an urban farm use. An urban farm use requires
CUP approval in the C-N zone, per UDC Table 11-2B-2. The Applicant states in narrative
submitted with the application that the church membership has several farmers that would
be able to harvest, irrigate, and maintain the alfalfa surrounding phase 1 instead of plowing
it under and creating an inevitable field of weeds without purpose. Staff is supportive of
allowing the land surrounding phase 1 of the church site to remain being farmed as it will be
maintained and not turn into a field of weeds as the Applicant stated. Additionally, the property
is currently located within a very rural part of the City in which agricultural use of the property
would complement adjacent properties.
Access: One driveway to/from W. Franklin Road (a principal arterial street) is proposed with this
phase of the development. This access point will be the primary access to/from the site. An access
point to/from N. Umbria Hills Avenue is also proposed with this phase at the west property
boundary. Staff is supportive of the access points shown; however, the Fire Department is
requesting an additional access road to the east side of the church building from Ten Mile Road
for emergency access (see Exhibit B, 3.18). As of the print date of this report, ACRD has not yet
submitted comments on this application.
Parking: In commercial districts, one off-street parking space is required per 500 square feet of
gross floor area, per UDC 11-3C-6B. Based on the proposed 48,000 square foot facility, 96
parking stalls are required for this use. The applicant is proposing 481 parking spaces with an
overflow parking area capable of parking an additional 156 cars. The overflow parking shown
on the site plan on the southeast and southwest areas of the paved parking area is proposed
to be improved with treated gravel or recycled asphalt to prevent dust. These areas will
eventually be redesigned and improved with a paved surface upon expansion of the site
(future phases). As part of this CUP, the Applicant is requesting that the overflow parking
be approved as proposed. Staff is in support of the overflow parking as proposed provided that
the Applicant maintains a dustless surface for the parking area. One bicycle parking space is
required for every 25 vehicle parking spaces, per UDC 11-3C-6G. A bicycle rack is required to be
installed on the site that is capable of holding a minimum of 25 bicycles and should comply with
the location and design standards listed in UDC 11-3C-SC.
Site Plan: The applicant has submitted a site plan for phase 1 of the CLCC development,
included in Exhibit A. The applicant has also submitted a revised master site plan, also shown in
Exhibit A. Staff has reviewed the site plan for phase 1 submitted with this application and found
the following items need to be shown on a revised site plan submitted with the Certificate of
Zoning Compliance application for phase 1:
• Provide a bicycle rack(s) on the site capable of holding a minimum of 25 bicycles that
complies with the location and design standards listed in UDC 11-3C-SC.
• Provide anorth/south drive aisle on the north side of the building connecting the two
drive aisles for better traffic circulation on the site.
• Provide a paved pathway from the parking area on the east side of the proposed building
to the bike path along the Ten Mile Creek.
• Provide 5-foot wide detached sidewalks along W. Franklin Road and N. Ten Mile Road
in accordance with UDC 11-3A-17 and ACRD standards. The sidewalk shall either be
located within the right-of--way or within a public pedestrian easement within the
landscape buffer.
• No manholes shall be placed in landscape islands or within parking stalls.
Cherry Lane Christian Church CUP-07-013 & DES-07-005 Page 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
• The internal pedestrian pathways shall be constructed with pavers, colored or scored
concrete or bricks where they cross vehicular driving surfaces, per UDC 11-3A-19C.
Landscaping: A 25-foot wide street buffer is required adjacent to W. Franklin Road and N. Ten
Mile Road in accordance with the standards listed in UDC 11-3B-7, as shown on the landscape
plan. A 20-foot wide buffer is required along the west property boundary adjacent to the future
residential use in accordance with the standards listed in UDC 11-3B-9, as shown on the
landscape plan. Internal landscaping should be provided on the site in compliance with the
standards listed in UDC 11-3B-8, Parking Lot Landscaping. There are a few trees existing trees
along Franklin Road that are proposed to be removed. The Applicant shall contact Elroy Huff, the
City Arborist, at 888-3579 to certify if mitigation is required, prior to removal.
Staff has reviewed the landscape plan submitted with this application and found the following
items need to be shown on a revised landscape plan submitted with the Certificate of Zoning
Compliance application:
Landscape planter islands are required at the ends of rows of parking throughout the lot
and shall contain a minimum of 50 square feet, and the planting area shall not be less than
five feet in any dimension, measured inside curbs. Each interior planter that serves a
single row of parking spaces shall be landscaped with at least one tree and shall be
covered with low shrubs, lawn, or other vegetative groundcover. All parking lot
landscaping shall comply with the standards listed in UDC 11-3B-8C. This requirement
does not apply to the overflow parking areas.
• Include tree symbols in the plant schedule.
• Depict a paved pathway from the parking area on the east side of the proposed building to
the bike path along the Ten Mile Creek, per requirement on the site plan.
• Provide anorth/south drive aisle on the north side of the building connecting the two
drive aisles for better traffic circulation on the site, per requirement on the site plan.
• Include berms with landscaping along Franklin Road and Ten Mile Road to satisfy the
purpose of the Ten Mile Specific Area Plan regarding screening of parking lots visible
from public thoroughfares.
• The Applicant shall contact Elroy Huff, the City Arborist, at 888-3579 to certify if
mitigation is required for the existing trees along Franklin Road that are proposed to be
removed, prior to removal.
The Applicant is requesting as part of this CUP that a letter of credit (LOC) be accepted
for the landscape area between the existing edge of pavement along Franklin Road and
the south edge of the meandering 5-foot wide concrete sidewalk until such time as
ACRD constructs its improvements along Franklin Road. All other landscaping
adjacent to the residential area on the west is proposed to be constructed at this time.
Franklin Road between Black Cat and Ten Mile is in ACHD's Five Year Work Plan to be
widened from 2 lanes to 5 lanes with curb, gutter, and sidewalks using Federal funding.
Per the Plan, the construction year is unknown because it is not a funded project For this
reason, Staff is not supportive of the Applicant's request Staff is requesting that the
Applicant comply with provisions in UDC ll-3B-7C5, Landscaping within Right-of-Way as
follows:
• If the unimproved street right-of--way is ten feet (10') or greater from edge of pavement
to edge of sidewalk or property line, and street widening project is not in the
Transportation Authority's five-year funded plan, developer shall maintain aten- (10)
Cherry Lane Christian Church CUP-07-013 & DES-07-005 Page 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
foot-wide compacted gravel shoulder meeting the construction standards of the
Transportation Authority and landscape the remainder with lawn or other vegetative
groundcover.
• Landscaping improvements within the right-of--way shall require a license agreement
between the property owner and the Transportation Authority.
All of the above revisions requested to the landscape plan shall be shown on a revised plan
submitted with the Certificate of Zoning Compliance application for this site. Perimeter
landscaping on the entire site (Ten Mile Road, Ten Mile Creek, Franklin Road, West and
North) shall be completed, prior to occupancy.
Future Phases: The Applicant stated in their narrative submitted with the application that the
timing of future phases is affected by the completion of the Ten Mile Interchange, the widening
of Ten Mile Road from Franklin Road to Cherry Lane, the widening of Franklin Road, the rate of
development of the planned residential communities within the scope of the Ten Mile Plan, the
church growth in numbers and ministries, fmancial growth, etc. The Applicant projects that phase
2, which is the gymnasium portion of the family life center, will be completed in the time frame
of 2009-2011. Phase 3, which consists of additional educational wings on the main building, is
expected to be constructed in the time frame of 2011-2015. The Applicant is unable to speculate
the timing of future phases beyond these dates. Future phases are shown on the master site plan.
Staff does not have any issues with along-term phasing plan for the church, provided each phase
is consistent with the overall master site plan.
Stormwater Drainage: The storm water detention pond proposed at the north boundary of this
site shall comply with the standards listed in UDC 11-3B-10.
Address: Because the front entry of the proposed building faces W. Franklin Road, this property
should be addressed off of Franklin Road instead of Ten Mile Road. Please contact Karie Glenn
in the Public Works Department at 898-5500 to request a change of address of this property.
Hours of Operation: The proposed hours of operation for the proposed church are from 8 am to
10 pm, 7 days a week.
Building Elevations: Elevations of the proposed building were submitted with this application
and are attached in Exhibit A of this staff report. The phase 1 building will be completely
surrounded and covered by the future phases. All exterior walls in the phase 1 plan become
"interior" walls. The proposed building shall be constructed in accordance with the elevations
shown in Exhibit A and the design standards listed in UDC 11-3A-19C as detailed above. The
design standards do not allow metal siding except as an accent material. The Applicant shall
replace the metal siding with an acceptable material, unless otherwise allowed by the
Commission.
Certificate of Zoning Compliance (CZC): The Applicant shall be responsible to obtain a CZC
permit from the Planning Department for all new construction or a change in use on the site prior
to issuance of building and/or occupancy permits.
b. Staff Recommendation: Staff recommends approval of CUP-07-013 (and DES-07-005) for
the Cherry Lane Christian Church, as presented in the Staff Report for the hearing date of
July 5, 2007, based on the Findings of Fact as listed in Exhibit C and subject to the
conditions listed in Exhibit B. The Meridian Planning and Zoning Commission heard this
item on July 19, August 2, and September 6, 2007. At the public hearing on September
6, 2007, they moved to approve CUP-07-013.
Cherry Lane Christian Church CUP-07-013 & DES-07-005 Page 13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 19, 2007
11. EXHIBITS
A. Drawings
1. Zoning/Vicinity Map
2. Site Plan for Phase 1
3. Master Site Plan
4. Landscape Plan for Phase 1
5. Master Landscape Plan
6. Building Elevations
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Required Findings from the Unified Development Code
Cherry Lane Christian Church CUP-07-013 & DES-07-005 Page 14
A. Drawings
1. Zoning/Vicinity Map
Exhibit A
2. Site Plan for Phase 1 (prepared by BRS Architects, dated: '~ 9/4/07, labeled Sheet SB-~
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Exhibit A
3. Master Site Plan (prepared by BRS Architects, dated: 7 9/4/07, labeled Sheet #1~B-~ SDl.l)
Exhibit A
4. Landscape Plan for Phase 1 (prepared by W & H Pacific, dated: 7 S/29/07, labeled Sheet L1.0)
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Exhibit A
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The site plan for phase 1, prepared by BRS Architects, dated May 14, 2007, is approved, with the
conditions listed herein. The Applicant shall comply with all applicable conditions of approval
associated with this site [AZ-OS-023, MI-06-007, Development Agreements (Instrument No.
105191334, and the yet to be recorded amended DA]. The applicant shall revise the site plan as
follows:
a. Provide a bicycle rack(s) on the site capable of holding a minimum of 25 bicycles that
complies with the location and design standards listed in UDC 11-3C-SC.
b. Provide anorth/south drive aisle on the north side of the building connecting the two drive
aisles for better traffic circulation on the site.
c. Provide a paved pathway from the parking area on the east side of the proposed building to
the bike path along the Ten Mile Creek.
d. Provide 5-foot wide detached sidewalks along W. Franklin Road and N. Ten Mile Road in
accordance with UDC 11-3A-17 and ACFID standards. The sidewalk shall either be located
within the right-of--way or within a public pedestrian easement within the landscape buffer.
e. No manholes shall be placed in landscape islands or within parking stalls.
£ The internal pedestrian pathways shall be constructed with pavers, colored or scored concrete
or bricks where they cross vehicular driving surfaces, per UDC 11-3A-19C.
1.2 Future development of this site shall substantially comply with the master site plan and mass
model concept included in Exhibit A of this report, as determined by the Director. Approval of
the subject application does not imply approval of future phases of this development;
administrative design review required.
1.3 The proposed urban farm use of the undeveloped portion of this property is approved with this
application. The area depicted on the site plan attached in Exhibit A shall be allowed to be farmed
until such time as fixture phases develop that encompasses this area.
1.4 The overflow parking proposed to be constructed of treated gravel or recycled asphalt is approved
with this application; the Applicant shall maintain a dustless surface by regularly applying a dust
abatement product.
1.5 The applicant shall comply with the dimensional standards listed in UDC 11-2B-3 for the C-N
zone, except for the following:
a. The building with the belfry/cross structure is allowed to extend to 62 feet at the highest point
as allowed by UDC 11-2B-3A3, as shown in the elevations attached in Exhibit A; the belfry
structure shall not be used for human occupation.
1.6 Because the front entry of the proposed building faces W. Franklin Road, this property should be
addressed off of Franklin Road instead of Ten Mile Road. Please contact Karie Glenn in the
Public Works Department at 898-5500 to request a change of address of this property.
1.7 The applicant's design review application for phase 1 is hereby approved with the following
conditions:
a. All ground level mechanical equipment shall be screened from view, per UDC 11-3A-19C1e.
b. Internal pedestrian pathways shall be constructed with pavers, colored or scored concrete or
bricks where they cross vehicular driving surfaces.
Exhibit B
c. The proposed metal siding is not approved with this application. The Applicant shall
replace the metal siding with an acceptable material that demonstrates the appearance
of high-quality materials of stone, brick, wood or other native materials, in compliance
with UDC 11-3A-19C2. Metal siding may be used as an accent material in accordance
with UDC 11-3A-19C2.
1.8 The Applicant's request to submit a Letter of Credit for the landscaping area between the existing
edge of pavement along Franklin Road and the south edge of the meandering sidewalk until such
time as ACRD constructs its improvements along Franklin Road is not approved with this
application. The Applicant shall be required to install landscaping according to the standards
listed in UDC 11-3B-7C5, Landscaping within Right-of--Way (see condition 1.12.e. below)
1.9 Future phases of this development shall be subject to design standards and will require a design
review application along with the Certificate of Zoning Compliance application, which will be
reviewed at staff level. Further, future phases will not be required to obtain conditional use permit
(CUP) approval, unless a modification to the CUP is necessary. (The Development Agreement
requirement for the Applicant to obtain CUP/PD approval has been satisfied with the subject
CUP.)
1.10 The Applicant shall be responsible to obtain a CZC permit from the Planning Department for all
new construction or a change in use on the site prior to issuance of building and/or occupancy
permits. The site plan, landscape plan, and elevations submitted with the Certificate of Zoning
Compliance for this phase and future phases shall substantially comply with those approved with
this application and attached in Exhibit A of this report.
1.11 The storm water detention pond proposed at the north boundary of this site shall comply with the
standards listed in UDC 11-3B-10.
1.12 The applicant shall revise the landscape plan, dated 5/15/07, as follows:
a. Landscape planter islands are required at the ends of rows of parking throughout the lot and
shall contain a minimum of 50 square feet, and the planting area shall not be less than five
feet in any dimension, measured inside curbs. Each interior planter that serves a single row of
parking spaces shall be landscaped with at least one tree and shall be covered with low
shrubs, lawn, or other vegetative groundcover. All parking lot landscaping shall comply with
the standards listed in UDC 11-3B-8C. This requirement shall not apply to the overflow
parking areas.
b. Include tree symbols in the plant schedule.
c. Depict a paved pathway from the parking area on the east side of the proposed building to the
bike path along the Ten Mile Creek, per requirement on the site plan.
d. Provide anorth/south drive aisle on the north side of the building connecting the two drive
aisles for better traffic circulation on the site, per requirement on the site plan.
e. If the unimproved street right-of--way is ten feet (10') or greater from edge of pavement to
edge of sidewalk or property line, and street widening project is not in the Transportation
Authority's five-year funded plan, developer shall maintain aten- (10) foot-wide compacted
gravel shoulder meeting the construction standards of the Transportation Authority and
landscape the remainder with lawn or other vegetative groundcover. (Landscaping
improvements within the right-of--way shall require a license agreement between the property
owner and the Transportation Authority.)
£ Include berms with landscaping along Franklin Road and Ten Mile Road to satisfy the
purpose of the Ten Mile Specific Area Plan regarding screening of parking lots visible from
public thoroughfares.
Exhibit B
g. The Applicant shall contact Elroy Huff, the City Arborist, at 888-3579 to certify if mitigation
is required for the existing trees along Franklin Road that are proposed to be removed, prior
to removal.
1.13 All required improvements, including the landscaping of the entire perimeter of the site, must be
complete prior to obtaining a Certificate of Occupancy for the proposed building. 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 imgation). A bid must accompany any request for temporary
occupancy.
1.14 No new signs are approved with this CUP application. All signs require a separate sign permit in
compliance with the sign ordinance.
1.15 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord
with the conditions of approval listed above. If the business has not begun within 18 months of
approval, a new conditional use permit must be obtained prior to operation.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains located in
the south portion of the project. The applicant shall install mains to and through this subdivision;
applicant shall coordinate main size and routing with the Public Works Department, and execute
standard forms of easements for any mains that are required to provide service. Minimum cover
over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than
alternate materials shall be used in conformance of City of Meridian Public Works Departments
Standard Specifications, No manholes shall be placed in landscape islands or parking stalls.
2.2 Water service to this site is being proposed via extension of mains in W. Franklin Road, and N.
Ten Mile Road a third connection may be required. The applicant shall be responsible to install
water mains to and through this development, coordinate main size and routing with Public
Works.
2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants).
2.4 There shall be no direct access to the City of Meridian future pump house.
2.5 The applicant has not indicated who will own and operate the pressure irrigation system in this
proposed development. If it is to be maintained as a private system, plans and specifications will
be reviewed by the Public Works Department as part of the construction plan review. A "draft
copy" of the operations and maintenance manual will be required prior to plan approval with the
"final draft" being required prior to fmal plat signature on the last phase of this project.
If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be
submitted prior to scheduling of apre-construction meeting.
2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-6). The applicant should be required to use any existing surface
water for the primary source. If a surface source is not available, asingle-point connection to the
culinary water system shall be required. If a single-point connection is utilized, the developer will
be responsible for the payment of assessments for the common areas prior to signature on the
final plat by the City Engineer.
2.7 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 maybe used for non-
domestic purposes such as landscape irrigation.
Exhibit B
2.8 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that
intersect, cross or lie within the area being developed shall be tiled. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works Department prior
to plan approval. If lateral users association approval can not be obtained, alternate plans will be
reviewed and approved by the City Engineer.
2.9 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall
be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water
treatment and disposal shall be designed in accordance with Department of Environmental
Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities
and Counties and City of Meridian standards and policies. Off-site disposal into surface water is
prohibited unless the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The applicant is responsible for filing all
necessary applications with the Idaho Department of Water Resources regarding Shallow
Injection Wells.
2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
required improvements prior to signature on the fmal plat. These include but are not limited to,
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water.
2.11 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive
final approval prior to occupancy. Other required development improvements, such as fencing,
micropaths, and landscaping may be bonded for prior to obtaining certificates of occupancy
2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the fmal plat.
2.13 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.
2.14 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that maybe required by the Army Corps of Engineers.
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes
are located on or near sidewalk the applicant shall comply with all American with Disabilities Act
requirements for unobstructed sidewalk access.
2.17 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.
2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
2.19 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public
residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole
shall be required on subdivision entrances and collector roadways. Design of the streetlights shall
be approved by the Public Works Department. Decorative lights require a streetlight agreement
on file with Public Works prior to activation. All streetlights shall be installed at subdivider's
expense. Typical locations are at street intersections and/or fire hydrants, and no fixrther than
400' distance in between locations. Final design locations and quantity are determined after
power designs are completed by Idaho Power Company. The street light contractor shall obtain
Exhibit B
approval from the Public Works Department, and permit from Building Department prior to
commencing installations.
3. FIRE DEPARTMENT
3.1 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.
3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 ''/z" 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 specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.4 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103.6 Signs.
3.5 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical
clearance of 13'6.
3.6 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.
3.7 Commercial and office occupancies will require afire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.8 The commercial lots 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.
3.9 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.10 Provide a Knox box entry system for the complex prior to occupancy.
3.11 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code.
3.12 Provide exterior egress lighting as required by the International Building & Fire Codes.
Exhibit B
3.13 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).
3.14 There shall be a fire hydrant within 100' of all fire department connections.
3.15 Buildings over 30' in height are required to have access roads in accordance with The International
Fire Code Appendix D Section D105. Provide aerial access for each phase of construction.
3.16 This project will be required to provide a 20' wide swing emergency access gate at east entrance.
The gate shall be equipped with a Knoxbox Padlock which has to be ordered thru the Meridian Fire
Department.
3.17 Emergency response routes and fire lanes shall not be allowed to have speed bumps.
3.18 Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three
means of fire apparatus access for each structure. Two of the access roads shall be placed a distance
apart equal to not less than one half of the length of the overall diagonal dimension of the property or
area to be served, measured in a straight line. A third access point should be provided on the east
side to the building from Ten Mile Road. Said access shall have a 20' wide improved surface
capable of supporting an imposed load of 75,000 Ibs with a 20' wide gate secured with a
knox box padlock. All roadways shall be marked in accordance with Appendix D Section
D103.6 Signs. Submit plans to the Meridian Fire Department for approval.
4. POLICE DEPARTMENT
4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not
exceed two feet in height. Trees shall have a canopy of no less than six feet.
4.2 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if
solid fencing is used. All micropaths and open areas shall have adequate lighting.
5. PARKS DEPARTMENT
5.1 The Parks Department has no concerns with the site design as submitted with the application.
6. SANITARY SERVICES COMPANY
SSC has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 SITE SPECIFIC CONDITIONS OF APPROVAL
7.1.1 In phase 1, construct a 5-foot detached concrete sidewalk on Ten Mile Road abutting the site.
The sidewalk shall be located a minimum of 8-feet from the future curb line for Ten Mile Road.
Provide an easement for the sidewalk located outside of the right-of--way.
Exhibit B
7.1.2 In phase 1, construct a 5-foot detached concrete sidewalk on Franklin Road abutting the site
located a minimum of 33-feet from the section line. Provide an easement for the sidewalk located
outside of the right-of--way.
7.1.3 In future phases, construct a 40-foot wide full-access driveway on Franklin Road located
approximately 620-feet west of Ten Mile Road.
7.1.4 In phase 1, construct a full access driveway on Franklin Road (maximum 48-feet width which
includes maximum 12-foot island) located approximately 870-feet west of Ten Mile Road.
7.1.5 In phase 1, construct a dedicated westbound right-turn lane on Franklin Road for the main
driveway, located 870-feet west of Ten Mile Road, within the existing right-of--way. Provide an
easement (estimated to be no more than 10-feet in width) for a gravel shoulder and barrow ditch
adjacent to the required turn lane. Coordinate the design of the right turn lane with District
Traffic Services and Development Review staff.
7.1.6 In future phases, construct one right-in/right-out only driveway on Ten Mile Road located
approximately 355-feet north of Franklin Road. Install a raised concrete median on Ten Mile
Road to restrict turning movements.
7.1.7 In phase 1, construct driveway accesses to Umbria Street, at the east sides of the cul-de-sac, as
proposed.
7.1.8 Submit a road trust deposit to the District for 1/8~' of the total cost of constructing the traffic
signal for Umbria Street/Franklin Road intersection at the west property line. Coordinate this
expense with ACHD Traffic Services and Development Review Staff.
7.1.9 Other than the access specifically approved with this application, direct lot access is prohibited to
Franklin and Ten Mile Roads.
7.2 STANDARD CONDITIONS OF APPROVAL
7.2.1 Any existing imgation facilities shall be relocated outside of the right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of--way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 Comply with the District's Tree Planter Width Interim Policy.
7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
Exhibit B
7.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed
impact fee will be based on the impact fee ordinance that is in effect at that time.
7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Exhibit B
C. Required Conditional Use Permit Findings from UDC
The Commission shall base its determination on the Conditional Use Permit request upon the
following:
1. That the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations in the district in which the use is located.
The existing site is large enough to accommodate the proposed use. However, the Applicant is
requesting approval with the subject CUP to exceed the 35-foot tall maximum building height.
The UDC does allow for a greater height of the building, belfry, and cross, with CUP approval, in
accordance with the standards listed in UDC 11-2B-3A3. Staff is supportive of the height of the
building as shown on the elevations attached in Exhibit A as it complies with the aforementioned
standards.
Off-street parking is required at the ratio of one space per 500 square feet of gross floor area in
commercial districts (UDC 11-3C-6). Parking provided on the site far exceeds the number of
spaces required by the UDC. The applicant complies with this requirement. Further, the proposed
building location complies with the setbacks of the C-N district.
Staff recommends the Commission rely on Staff's analysis and any oral or written public
testimony provided when determining if this site is large enough to accommodate the proposed
use.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in
accord with the requirements of this Title.
The Commission finds that the Comprehensive Plan Future Land Use Map designation for this
property is Mixed Use -Regional. The property is currently zoned C-N, which complies with this
designation. The proposed use is generally harmonious with the requirements of the UDC (See
Sections 8 and 10 above for more information regarding the requirements for this use).
3. 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 Commission finds that, if the Applicant complies with the conditions outlined in this report,
the operation of the proposed use should be compatible with other uses in the general
neighborhood and with the existing and intended character of the area. Further, the Commission
finds that the proposed use will not adversely change the essential character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
The Commission fmds that, if the Applicant complies with the conditions outlined in this report,
the proposed use will not adversely affect other property in the area. The Commission should rely
upon any public testimony provided to determine if the development will adversely affect the
other property in the vicinity.
5. That the proposed use will be served adequately by essential public facilities and services
such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, and sewer.
The Commission finds that the site will be adequately served by the previously mentioned public
facilities and services.
Exhibit C
6. That the proposed use will not create excessive additional costs 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. The
Commission finds there will not be excessive additional requirements at public cost and that the
proposed use will not be detrimental to the community's economic welfare.
7. 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 the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
Staff recognizes that traffic and noise is a concern; however, Staff does not believe that the
amount generated by the proposed new use of the property will be detrimental to any persons,
property, or the general welfare of the public. Staff does not anticipate the proposed use will
create excessive noise, smoke, fumes, glare, or odors.
8. 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.
The Commission fords that there should not be any health, safety or environmental problems
associated with the proposed use that should be brought to the Commission's attention. The
Commission finds that the proposed use will not result in the destruction, loss or damage of any
natural, scenic, or historic feature of major importance.
Exhibit C