HomeMy WebLinkAboutChrist Lutheran ChurchRZ03-005April 28, 2003
RZ 03-005
MERIDIAN PLANNING & ZONING MEETING May 1, 2003
APPLICANT Christ Lutheran Church ITEM NO. 7
REQUEST Public Hearing — Request for a Rezone of 4.738 acres from R4 to L -O zones for Christ
Lutheran Church — 1406 West Cherry Lane
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
COMMENTS
See attached Staff Comments
See attached Comments
See attached Comments
04c--,
INTERMOUNTAIN GAS:
OTHER: See attached ,Lm
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Contacted: N (�fl, V1 a f ,Lm #, /J Date: riJ )(1' V 7 Phone:
Materials presented at public meetings shall become property of the City of Meridian.
MEMORANDUM: Hearing Date: May 1, 2003 7
To: Planning & Zoning Commission, Mayor and City Council RECEIVED
t,� ) APR 2 5 2013
From: Wendy Kirkpatrick, Planner 11 V V
Bruce Freckleton, Senior Engineering Tech City Of Meridian
City Clerk Office
Re: Request for a Rezone of 4.39 Acres of Land, Located at 1406 W. Cherry Lane,
from R-4 (Low Density Residential) to L -O (Limited Office) Zoning, by Christ
Lutheran Church (File No. RZ-03-005)
Request for a Conditional Use Permit for a Preschool in a proposed L -O Zone
by Christ Lutheran Church (File No. CUP -03-012)
We have reviewed the above -referenced submittal and quer the following comments, as
conditions of the applicant. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the Meridian City Council:
The applicant, Christ Lutheran Church, has requested a rezone of their property at 1406 W.
Cherry Lane from the current R-4 zone to L -O and approval of a Conditional use Permit for a
pre-school. The current zoning of R-4 makes the church a legally non -conforming use. In order
to modify or expand the existing church use (including the addition of the pre-school), the
property must be rezoned so that the church use is an allowed use in its zoning district. The
preschool may be allowed as a conditional use with the proposed rezone to L -O and the existing
church will be brought into conformance with the zoning code.
A site plan dated 2-21-03 has been submitted. No new structures are proposed, the church's
existing building, used for their Sunday school classes, will be used by the proposed pre-school.
The applicant has submitted a revised landscaping plan; the applicant will be required to come
into compliance with current landscaping regulations for the site.
The subject property is located on the north side of Cherry Lane. The address is 1406 W. Cherry
Lane.
SURROUNDING PROPERTIES
HUB OF TREASURE VALLEY
MAYOR
A Good Place to Live
LEGAL DEPARTMENT
(208) 288-2499 • Fax 288-2501
Robert D. C orrie
CITY OF MERIDIAN
PUBLIC WORKS
CITY COUNCILorrisMEMBERS
33 EAST IDAHO
BUILDING DEPARTMENT
Tammy deWeerd
(208) 898-5500 - Fax 887-1297
MERIDIAN, IDAHO 83642
Keith Bird
(208) 888-4433 • FAX (208) 8874813
PLANNING AND ZONING
Cherie McCandless
City Clerk Office Fax (208) 888-4218
DEPARTMENT
William L.M. Nary
(208) 884.5533 - FAX 888-6854
MEMORANDUM: Hearing Date: May 1, 2003 7
To: Planning & Zoning Commission, Mayor and City Council RECEIVED
t,� ) APR 2 5 2013
From: Wendy Kirkpatrick, Planner 11 V V
Bruce Freckleton, Senior Engineering Tech City Of Meridian
City Clerk Office
Re: Request for a Rezone of 4.39 Acres of Land, Located at 1406 W. Cherry Lane,
from R-4 (Low Density Residential) to L -O (Limited Office) Zoning, by Christ
Lutheran Church (File No. RZ-03-005)
Request for a Conditional Use Permit for a Preschool in a proposed L -O Zone
by Christ Lutheran Church (File No. CUP -03-012)
We have reviewed the above -referenced submittal and quer the following comments, as
conditions of the applicant. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the Meridian City Council:
The applicant, Christ Lutheran Church, has requested a rezone of their property at 1406 W.
Cherry Lane from the current R-4 zone to L -O and approval of a Conditional use Permit for a
pre-school. The current zoning of R-4 makes the church a legally non -conforming use. In order
to modify or expand the existing church use (including the addition of the pre-school), the
property must be rezoned so that the church use is an allowed use in its zoning district. The
preschool may be allowed as a conditional use with the proposed rezone to L -O and the existing
church will be brought into conformance with the zoning code.
A site plan dated 2-21-03 has been submitted. No new structures are proposed, the church's
existing building, used for their Sunday school classes, will be used by the proposed pre-school.
The applicant has submitted a revised landscaping plan; the applicant will be required to come
into compliance with current landscaping regulations for the site.
The subject property is located on the north side of Cherry Lane. The address is 1406 W. Cherry
Lane.
SURROUNDING PROPERTIES
Mayor and Council
May 1, 2003
Page 2
North — Meridian Assembly of God Church, zoned L -O.
South — Cherry Lane is directly south of the subject property. The property south of
Cherry lane is vacant and zoned C -N and R-8.
East — The Comer at the Vineyards, zoned C -N.
West — Dunten Place Subdivision, zoned R-8.
STANDARDS FOR ZONING AMENDMENT
The Commission and Council shall review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment (11-15-11):
A. Will the new zoning be harmonious with and in accordance with the Comprehensive
Plan and, if not, has there been an application for a Comprehensive plan
amendment;
The Comprehensive Plan designates the property as "Public/Quasi-Public". Churches are
a quasi -public use. The requested L -O zoning is harmonious with the "Public/Quasi-
Public" designations and is in accordance with the overall goals and policies of the
Comprehensive Plan.
B. Is the area included in the zoning amendment intended to be re -zoned in the future;
Staff finds that the proposed zoning amendment complies with the intended zone(s)
supported by the Future Land Use Map. The property is not intended for another rezone
in the future.
C. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning;
Stasi finds that the existing church development and the proposed preschool are in
accordance with the uses that may be permitted in the proposed L -O zone. Any other use
would have to be considered under the appropriate zoning review process.
D. Has there been a change in the area or adjacent areas which may dictate that the
area should be rezoned;
The current status of the church as legally non -conforming makes the property a good
candidate for rezoning. Without a rezone the existing church cannot be modified or
expanded without an approved Conditional Use Permit (MCC 11-5-5A). The proposed
rezone will bring the church into compliance with Meridian's Zoning Ordinance.
Mayor and Council
May 1, 2003
Page 3
E. Will the proposed uses be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character
of the general vicinity and that such use will not change the essential character of
the same area;
Staff finds that the existing church use is appropriate and harmonious with the existing
area. The proposed pre-school, may be harmonious with the existing and intended
character of the same area, if constructed and operated appropriately. Any uses other
than the church and pre-school use will require further zoning approval, as determined by
the Schedule of Use Control in the City's Zoning Ordinance.
F. Will not be hazardous or disturbing to existing or future neighboring uses;
Staff finds that the re -zone to L -O should not be disturbing to existing or future
neighboring uses. The Commission and Council should carefully consider all public
testimony before making this finding.
G. Will be served adequately by essential public facilities and services such as
highways, street, police, and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed
conditional use shall be able to provide adequately any such service;
Staff finds that the proposed uses will be adequately served by all essential public
services and facilities.
H. Will not create excessive additional requirements at public cost for public facilities
and services and will not be detrimental to the economic welfare of the community;
Staff finds that the requested uses will not create excessive additional requirements at
public costs for public facilities and services. Additionally, staff finds that the proposed
rezone would not be detrimental to the economic welfare of the community.
I. Will not involve uses, activities, processes, materials, equipment, and conditions that
will be detrimental to any persons, property, or general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or odors;
Staff finds that the proposed L -O zoned property will not involve uses, activities,
processes, materials, equipment, and conditions that are detrimental to the general
welfare of the community.
I Will have vehicular approaches to the property which shall be so designed as not to
create an interference with traffic on surrounding public streets;
Staff finds that the proposed use will not interfere with general traffic patterns on any
public streets.
Mayor and Council
May 1, 2003
Page 4
K Will not result in the destruction, loss or damage of a natural or scenic feature of
major importance.
Staff does not find that any natural or scenic feature will be lost, damaged or destroyed
by approval of this rezone.
L. Is the proposed zoning amendment in the best interest of the City;
Staff finds that the zoning amendment would be in the best interest of the City by
bringing an existing non -conforming use into conformance with Meridian's zoning
ordinance.
SITE SPECIFIC COIYIII'IT;NTS
The legal description submitted with the application is accurate and meets the
requirements of the City of Meridian and State Tax Commission.
2. Staff has determined that the rezone request would meet each of the twelve (12) Findings
required by Ordinance 11-15-11.
If rezoned to L -O, the subject lot would conform to the minimum lot size and minimum
frontage of the zone.
4. The existing site does not conform to all of the current standards of the Landscape
Ordinance, specifically the required buffer between land uses parking lot landscaping
requirements. Staff recommends that the site not be required to come into full compliance
until such time as the parking lot is significantly modified per Ordinance 12-13-114.
5. Any assessments or re -assessments for sewer and water service for any new uses will be
determined during the Certificate of Occupancy process.
CONDITIONS OF APPROVAL (REZONE)
Staff recommends the following be made conditions of the Rezone:
The existing parking lot 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. The existing sign shall be granted legal, non -conforming status and become subject to the
provisions of ordinance 11-14-8.B.
3. Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance. Wells may be used for non-domestic purposes such
as landscape irrigation.
Mayor and Council
May 1, 2003
Page 5
4. All signage in the proposed project shall be in accordance with the standards set forth in
Section 11-14 of the City of Meridian Zoning and Development Ordinance.
5. Provide off-street parldng in accordance with the City of Meridian Ordinance 11-13 for
use of property.
6. All construction shall conform to the requirements of the Americans with Disabilities
Act.
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following and may approve a conditional use
permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-
17-3):
A. That the site is large enough to accommodate the proposed use and all yards, open
spaces, parking, landscaping and other features as may be required by this
ordinance;
Staff finds that the site is large enough to accommodate the proposed use (preschool) and
related features that would be required by the ordinance.
B. That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
The current Comprehensive Plan shows the property as "Public/Quasi-Public". Proposed
zoning is L -O; daycare centers require a CUP in the L -O zone according to the Zoning
Schedule of Use Control. Staff finds the proposed use and plan to be in Compliance with
the Meridian Zoning Ordinance and the Comprehensive Plan, as long as the conditions of
the staff report are met.
C. 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;
Staff finds that the proposed development will not adversely change the essential
character of the general vicinity and will be harmonious with the intended character of
the same area.
D. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
Mayor and Council
May 1, 2003
Page 6
Staff does not believe the proposed use will adversely affect other property in the
vicinity. The Council and Commission should consider all public testimony before
making this finding.
E. That the proposed use will be served adequately by essential public facilities and
services such as highways, street, police, and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the establishment of
proposed conditional use shall be able to provide adequately any such services;
Staff finds that the proposed development will be adequately served by the essential
public facilities and services listed above.
F. That the proposed use will not create excessive additional requirements at public
cost for public facilities and services and will not be detrimental to the economic
welfare of the community;
Staff finds that the proposed use would not be detrimental to the economic welfare of the
community, nor would it create the need for any new facilities or services to be paid for
by the public.
G. 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
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Staff does not anticipate that the proposed use will be detrimental to the general welfare
of the community by means of increased traffic, noise, smoke fumes, glare or odors
generated by the use. ACRD has stated that the project is expected to generate less than
10 new vehicle trips per day on surrounding streets. School drop-off/pickup vehicle trips
are considered by ACRD as "pass -by" traffic that is likely to have already been on the
roads anyway, and are therefore not considered to be adding congestion.
H. That the proposed use will have vehicular approaches to the property which shall be
so designed as not to create an interference with traffic on surrounding public
streets;
Staff finds that the proposed use will not create significant interference with traffic on the
surrounding public streets. The applicant has not proposed any new curb cuts onto
existing streets.
L 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.
Staff finds that no natural or scenic features will be lost, damaged or destroyed by
issuance of this conditional use.
Mayor and Council
May 1, 2003
Page 7
CONDPTIONS OF APPROVAL (CONDITIONAL USE PERMIT)
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.
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 11-13-4.1), and shall be installed and striped in accordance with the approved
site plan and Ordinance 11-13-41.
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 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.
Mayor and Council
May 1, 2003
Page 8
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.
RECOMMENDATION
Staff recommends approval of the project with the conditions stated in this staff report.
POSTED PROPERY AFFIDAVIT FOR REZONE
The property at 1406 Cherry Lane, Meridian, Idaho, being Christ Lutheran Church,
was posted with a notice of public hearing on 4 --) ADD jj, T E C E I E D
Q1 0, Lj�n-- — Dated�3 APR 2 4 20003 !J
Authorized Poicant City Of Meridian
City Clerk Office
Dated ��'03
�,gtld @YP
4
Notary Signature
AA 3 LS
Looking East
Along Cherry Lane
Looking South
Along Linder Road
Pagel
Looking West
Along Cherry Lane
Looking North
Along Linder Road
C�xD}'�' Ada County Highway Hi hwa District
'f 3iiiir
-tiai'' ..
""'' .' �'a'ske
Susan S. E astlake, 1st Vice President
Dave Bivens, 2nd Vice President
David E. Wynkoop, Commissioner
John S. Franden, Commissioner
318 East 37th Street
Garden City ID 83714-6499
Phone (208) 387-6100
FAX (208) 387-6391
E-mail: tellus@ACHD.ada.id.us
March 20, 2003
TO: Christ Lutheran Church
RECEIVED
1406 W. Cherry Lane
Meridian, ID 83642
MAR 2 6 2003
City of Meridian
SUBJECT: MRZ03-005
City Clerk office
PreschooliDaycare
1406 W. Cherry Lane
The Ada County Highway District (ACRD) staff has received and reviewed the application and site plan for
the item referenced above. The ACHD Commission will not hear this item unless the site plan is changed in
such a manner as to require Commission review.
However, ACHD receives many calls from neighbors of preschool/daycare centers concerning the volume of
traffic and the number of parked vehicles near existing day care centers. Each parent typically makes two
round trips per day (i.e. four one-way trips). The Institute of Transportation Engineers (ITE) data show that a
typical day cares created 4.52 vehicle trips per day per student. The proposed 20 -student facility can be
expected to generate 90 total vehicle trips per day.
All fixture design plans 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 in writing by the District.
If you have any questions feel free to contact me at (208) 387-6170.
' cerely,
/tel
raig Hoo
Senior Development Analyst
Planning & Development
Cc: Planning & Development/Chron/Project File
Planning•& Development Services City Of Meridian
B & A Engineers, Inc., 5505 W. Franklin Road, Boise, ID 83705
ifs
I
'",�,' Ada County Highway Hi hwa District
Sherry R. Huber, President
Susan S. Eastlake, 1st Vice President
Dave Bivens, 2nd Vice President
David E. Wynkoop, Commissioner
John S. Franden. Commissioner
March 25, 2003
TO: Christ Lutheran Church
1406 W. Cherry Lane
Meridian, ID 83642
FROM: Craig Hood
Senior Development Analyst
Planning & Development
SUBJECT: MRZ03-005
Rezone
1406 W. Cherry Lane
3113 test 3/m Street
Garden City ID 83714-6499
Phone (208) 387-6100
FAX (208) 387-6391
E-mail: tellus@ACHD.ada.id.us
RECEIVED
MAR 2 6 2003
City of Meridian
City Clerk Office
On March 25, 2003 the Ada County Highway District acted on your application for the above referenced
project. The attached staff report lists conditions of approval and street improvements.
If you have any questions, please feel free to contact staff at (208) 387-6170.
i cerely,
Craig Hood
Senior Development Analyst
ACHD Planning & Development
Cc: Planning & Development/chron/project file
City of Meridian
Construction Services
Drainage
B & A Engineers, Inc., 5505 W. Franklin Road, Boise, ID 83705
ACH
Ada County Highway District
& Development Department
Planning Review Division
This application does not require Commission action and is approved at the staff level as of March 25, 2003.
Tech Review for this item was held with the applicant on March 21, 2003. Please refer to Attachment 2 for
appeal guidelines. Staff contact Craig Hood, 387-6174, chood0achd.ada.id.us
File Numbers: MRZ03-005, Rezone
Site address: 1406 W. Cherry Lane, Meridian
owner/Applicant: Christ Lutheran Church
1406 W. Cherry Lane
Meridian, ID 83642-1517
Representative: B & A Engineers, Inc.
5505 W. Franklin Road
Boise, ID 83705-1055
Application Information
The applicant is requesting rezone approval from the City of Meridian to rezone 4.7 -acres of R-4 zoned
property to L -O. The site is located on the north side of Cherry Lane, approximately 450 -feet east of Linder
Road and on the east side of Linder Road, approximately 150 -feet north of Cherry Lane in Meridian.
Acreage: 4.7 -acres
Current Zoning: R-4 (Low -Density Residential)
Proposed Zoning: L -O (Limited Office)
A. Findings of Fact
1. Trip Generation: This development is estimated to generate 362 additional vehicle trips per day (88
existing) based on the Institute of Transportation Engineers Trip Generation Manual.
2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building
permit(s) on the site. The fee will be based on the impact fee ordinance in effect at that time.
3. Traffic Impact Study: A traffic impact study was not required with this application.
4. Site Information: There is currently a church on the site.
5. Description of Adjacent Surrounding Area:
a. North: Church
b. South: Vacant, zoned R-8 (Residential)
c. East: Residential
d. West: Single-family home/Vacant, zoned C -N (Neighborhood Commercial)
Impacted Roadways:
Cherry Lane:
Frontage:
Functional Street Classification:
Traffic count:
Level of Service:
Speed limit:
Nearest intersection:
Linder Road:
Frontage:
Functional Street Classification:
Traffic count:
Level of Service:
Speed limit:
Nearest intersection:
325 -feet
Principal Arterial
18,502 west of a Street on 4-30-02
LOS "C' or better
35 MPH
Linder Road, a signalized intersection
195 -feet
Minor Arterial
10,935 north of Cherry Lane on 4-23-02
LOS "C' or better
35 MPH
Cherry Lane, a signalized intersection
7. Roadway Improvements Adjacent To and Near the Site
Cherry Lane is improved with 5 -lanes (2 eastbound, 2 westbound and a center turn lane), curb, gutter
and sidewalk on both sides of the street. Linder Road is improved with 2 lanes, no curb, gutter or
sidewalk abutting the site. There is a sidewalk directly to the north of the site and curb, gutter and
sidewalk directly to the south of the site. There is curb, gutter and sidewalk on the west side of Linder
Road, directly across from the site. The Linder Road/Cherry Lane intersection is constructed with 5 -
lanes at all legs. This is the ultimate section for the intersection.
8. Existing Right -of -Way
There is currently 80 -feet of right-of-way (approximately 30 -feet from centerline) for Cherry Lane
abutting the site. There is currently 65 -feet of right-of-way (25 -feet from centerline) for Linder Road
abutting the site.
9. Existing Access to the Site
There are currently two access points into the site. The first access point on Cherry Lane is a 31 -foot
wide, curb -cut -type driveway located approximately 500 -feet east of Linder Road. The second access
point on Cherry Lane is a 26 -foot wide, curb -cut -type driveway located approximately 110 -feet east of
the western driveway. There are no delineated access points to Linder Road.
10. Site History
ACHD has not reviewed this site in the recent past.
11. Five Year Work Program/Capital Improvements Plan (CIP)
Linder Road, from Ustick Road to Franklin Road, is currently in the CIP and the Five Year Work
Program (PD). Cherry Lane is not currently in the Five Year Work Program or the most recent CIP.
B. Findings for Consideration
This application is for a change in zoning. Listed below are some of the
policies that may apply to this site. The following Findings for
Consideration are intended to cover the District policies that will pertain
to any development proposal on this site. Upon the receipt of a
development application in the future for this site the District may include
additional Findings of Consideration that may also apply to this site.
1. Right -of -Way & Sidewalk
District policy requires 96 -feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way
allows for the construction of a 5 -lane roadway with curb, gutter, 5 -foot wide concrete detached
sidewalks and bike lanes. If a proposed development abuts a collector or arterial street, the
developer shall provide a sidewalk along the paved frontage and dedicate the right-of-way required
by the proposed land use and scale of the project. The developer may construct additional
improvements as provided in Section 7300.
Cherry Lane: Cherry Lane is not listed as a proposed project in the District's currently adopted Five
Year Work Program or in the currently adopted Capital Improvements Plan (CIP). As such if the
applicant dedicated right-of-way they could not receive reimbursement for the dedicated right-of-way
from available collected impact fees. If a development application is submitted for this site in the near
future it is anticipated that the District will not require any additional right-of-way for Cherry Lane since
all of the roadway improvements currently fit in the existing right-of-way.
Linder Road: Linder Road is not listed for construction in the next 5 -years, but is in the currently
adopted Capital Improvements Plan (CIP). As such, the applicant may receive reimbursement for
dedicated right-of-way from available collected impact fees. The ACHD Commissioners authorizes
the expenditure of available collected impact fees for the purchase of right-of-way dedicated by the
applicant, with the applicant constructing a sidewalk located 41 -feet to the centerline of the road.
However, if funds cannot be secured, the applicant should do one of the following:
i. Dedicate by donation an additional 23 -feet of right-of-way along Linder Road, and
construct a minimum 5 -foot wide concrete sidewalk along Linder Road, located a minimum
of 41 -feet from the centerline of the right-of-way.
ii. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete
sidewalk along Linder Road, located a minimum of 23 -feet from the centerline of the right-
of-way, in an easement provided to the District.
3
iii. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete
sidewalk along Linder Road, located at the back edge of the existing right-of-way, or as
determined by District staff. Accomplish all necessary adjustments to properly
accommodate existing drainage and utilities.
2. Access Points
Direct access to arterials and collectors is normally restricted (District policy 7207.8).
Location
District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of
35 MPH to align or offset a minimum of 150 -feet from any existing or proposed driveway (measured
near edge to near edge). District policy 72-F4 (1) requires driveways located on arterial roadways
near a signalized intersection to be located a minimum of 440 -feet feet from the signalized
intersection for a full -access driveway and a minimum of 220 -feet from the signalized intersection for
a right-in/right-out only driveway. NOTE: The subject site does not have adequate frontage for a full -
access driveway to Linder Road.
Width
District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles
to a maximum width of 36 -feet. Curb return type driveways with 15 -foot radii will be required for
commercial driveways accessing collector and arterial roadways.
Construction
Graveled driveways abutting public streets create maintenance problems due to gravel being tracked
onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to
pave any driveway(s) abutting public streets to their full width and at least 30 -feet into the site beyond
the edge of pavement of the roadway with 15 -foot curb radii.
C. 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.
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:
El
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.
D. Standard Conditions of Approval
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.
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.
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 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. Conclusions of Law
The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are
satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular and pedestrian transportation system within the vicinity
impacted by the proposed development.
Attachments
1. Vicinity/Site Map
2. Appeal Guidelines
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54
Request for Appeal of Staff Decision
Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the
final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not
properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error
of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or
enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged
the applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary
of Highway Systems, which must be filed within ten (10) working days from the date of the
decision that is the subject of the appeal. The notice of appeal shall refer to the decision
being appealed, identify the appellant by name, address and telephone number and state
the grounds for the appeal. The grounds shall include a written summary of the provisions
of the policy relevant to the appeal and/or the facts and law relied upon and shall include a
written argument in support of the appeal. The Commission shall not consider a notice of
appeal that does not comply with the provisions of this subsection.
c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of
the filing of the notice of appeal to reply to the notice of the appeal, and may during such
time meet with the appellant to discuss the matter, and may also consider and/or modify
the decision that is being appealed. A copy of the reply, and any modifications to the
decision being appealed will be provided to the appellant prior to the Commission hearing
on the appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal
will be noticed and scheduled on the Commission agenda at a regular meeting to be held
within thirty (30) days following the delivery to the appellant of the ROWDS Manager's
reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal
and the reply shall be delivered to the Commission at least one (1) week prior to the
hearing.
e. Action by Commission: Following the hearing, the Commission shall either affirm or
reverse, in whole or part, or otherwise modify, amend or supplement the decision being
appealed, as such action is adequately supported by the law and evidence presented at
the hearing.
Appeal Guidelines
MAYOR
RoHERTD. CORRIE
COUNCIL HEMMERS
WiLuAm L.M. NARY
KErm BIRD
TAMMY DE WERED
CHERIEMCCANDLESS
RURAL FmE CmamaIONER6
RICHARD GREENS
TERRY LEIGHTON
STEVE ELLIoTT
C-rrY OF =--9
eridgh
it IDAHO
CHIEF
KEN W. BOWERS
DEPUTY CHIEF - FIRE PREVENTION
JOSEPH SILVA
DEPUTY CHIEF - TRArNiNG
BILL JOHNSON
540 East Franklin Road
Meridian, ID 83642
(208)888-1234
Fax(208)895-0390
MERIDIAN CITY/RURAL FIRE DEPARTMENT
.niujRECEIVED
March 19, 2003
MAR 19 2003
City Of Meridian
City Clerk Office
TO: Mayor, City Council and Meridian Planning & Zoning Commission
FROM: Joseph Silva, Deputy Chief, Fire Prevention
SUBJECT: Christ Lutheran Church 1406 W. Cherry- File RZ 03-005
The following will be the requirements and/or concerns to provide minimum levels of fire
protection for the proposed project:
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
CITY OF MERIDIAN
PUBLIC HEARING
SIGN-UP SHEET
DATE May 1, 2003 ITEM # 7
PROJECT NUMBER RZ 03-005
PROJECT NAME Christ Lutheran Church
NAME (PLEASE PRINT) FOR AGAINST NEUTRAL