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HomeMy WebLinkAboutChrist Lutheran Church cupRECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A CHURCH/PRESCHOOL BY CHRIST LUTHERAN CHURCH – CUP-03-012 - Page 1 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A CHURCH/PRESCHOOL IN AN L-O ZONE CHRIST LUTHERAN CHURCH, Applicant ) ) ) ) ) ) Case No. CUP-03-012 RECOMMENDATION TO CITY COUNCIL 1. The property is located at 1406 W. Cherry Lane, Meridian. 2. The owner of record of the subject property is Christ Lutheran Church, 1406 W. Cherry Lane, Meridian, Idaho 83642. 3. Applicant is same as owner. 4. The subject property is currently zoned R-4 (Low Density Residential). There is, however, an application for rezone from R-4 to L-O (Limited Office) zone before the City Council. The zoning district of L-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 5. The Applicant requests the Conditional Use Permit for a church/preschool in an L-O zone. The L-O zoning designation within the City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 6. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 7. The use proposed which is the subject of this will, in fact, constitute a conditional use as determined by City policy. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A CHURCH/PRESCHOOL BY CHRIST LUTHERAN CHURCH – CUP-03-012 - Page 2 RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested Conditional Use Permit as requested by the Applicant for the property described in the application, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL (CONDITIONAL USE PERMIT) 1. Existing Parking Lot The existing landscaping will be subject to ordinance 12-13- 11-4 and upgraded to meet current standards upon any significant parking lot replacement per said ordinance. 2. Street Buffer: A 25-foot wide, minimum, landscape buffer shall be required along Cherry Lane. 3. One tree per 35’ shall be planted along Cherry Lane. 4. Existing trees shall be protected and retained in accordance with Meridian City Code 12-13-13. 5. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4.F. 6. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 7. 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 new off- street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must 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. 8. All exterior lighting, whether attached to the building or located within the RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A CHURCH/PRESCHOOL BY CHRIST LUTHERAN CHURCH – CUP-03-012 - Page 3 parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4.C. 9. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 10. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance. 11. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance (CZC). 12. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400’ apart. 1997 UFC Appendix III-A 2. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 3. All radii shall be 28’ inside and 48’ outside radius for all internal roads and entrances. 4. The fire lanes shall have a clear driving surface, available at all times, which is 20’ wide. UFC 902.2 C. Adopt the Recommendations of Central District Health Department as follows: 1. Plans will be required to be submitted for review for a childcare center. D. Adopt the Recommendations of the ACHD as follows: RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A CHURCH/PRESCHOOL BY CHRIST LUTHERAN CHURCH – CUP-03-012 - Page 4 Site Specific Conditions of Approval The following conditions are intended to cover the District policies that will pertain to any development proposal for this site. Upon the receipt of a development application in the future for this site the District intends to include the following conditions and may add additional conditions that may also apply to this site. 1. Dedicate 48-feet of right-of-way from the centerline of Linder Road abutting the parcel by means of a warranty deed and construct a sidewalk on Linder Road located a minimum of 41-feet from the centerline of Linder Road. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #197), if funds are available. If ACHD funds cannot be secured, the applicant shall do one of the following: a. Dedicate an additional 23-feet (or 13-feet if the sidewalk is constructed in an easement) of right-of-way for Linder Road abutting the site by donation (or through a development impact fee offset agreement) and construct a 5-foot wide (minimum) sidewalk on Linder Road located a minimum of 41-feet from the centerline of the roadway. Provide an easement to the District for any portion of the sidewalk that is constructed outside of the new right-of-way. b. Do not dedicate any additional right-of-way on Linder Road and construct a 5- foot wide (minimum) concrete sidewalk on Linder Road located a minimum of 41-feet from the centerline of the roadway with an easement provided to the District. c. Do not dedicate any additional right-of-way on Linder Road and construct a 5- foot wide (minimum) concrete sidewalk on Linder Road located at the back edge of the existing right-of-way, as determined by District staff. Accomplish all required improvements to properly accommodate existing drainage and utilities. 2. Pave any driveways on Cherry Lane or Linder Road a minimum of 30-feet into the site beyond the edge of pavement. All driveway(s) shall be constructed as curb return type driveways with 15-foot curb radii. Direct lot or parcel access to Linder Road and Cherry Lane is restricted. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 3. Comply with all Standard Conditions of Approval. RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A CHURCH/PRESCHOOL BY CHRIST LUTHERAN CHURCH – CUP-03-012 - Page 5 Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. 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. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. 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 ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. 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. 7. 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. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 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 ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. 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 RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF CONDITIONAL USE PERMIT FOR A CHURCH/PRESCHOOL BY CHRIST LUTHERAN CHURCH – CUP-03-012 - Page 6 upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. 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. E. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. A Land Use Change/Site application must be filed for review prior to final platting.