Loading...
HomeMy WebLinkAboutChrist Lutheran ChurchCUP03-012BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/03/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR ACHURCH / PRESCHOOL IN AN L-O ZONE, LOCATED AT 1406 WEST CHERRY LANE, MERIDLAN, IDAHO Case No. CUP-03-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT CHRIST LUTHERAN CHURCH, APPLICANT The above entitled conditional use permit application having come before the City Council on June 3, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Planner III for the Planning and Zoning Department, and Dirk Spackman, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to- wit: FINDINGS OF FACT A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 3, 2003, before the City Council, the first publication appearing and written notice having been mailed to property owners FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 1 of 18 or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 3, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an L-O zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 1406 W. Cherry Lane, Meridian, Idaho. The owner of record of the subject property is Christ Lutheran Church, 1406 W. Chery Lane, Meridian, Idaho. 6. Applicant is owner of record. The subject property is currently zoned R-4. An application for Rezone to L-O is currently pending before the City of Meridian. The zoning district of L-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 2 of 18 8. The proposed application requests a conditional use permit for achurch/preschool in an L-O zone. The L-O zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use pernut be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian Ciry Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the hnpact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: CONDITIONS OF APPROVAL (CONDITIONAL USE PERMIT FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 3 of 18 1. Existin Pazkin 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 pazking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or asdetailed insite-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code I 1-13-4.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 ofIdaho licensed azchitect 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 ofthe 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 4 of 18 11. Screen trash azeas 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 afire-flow consistent with Appendix III-A ofthe Uniform Fire Code be provided to service the entire prof ect. 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 Recommendatons of Central District Health Department as follows: Plans will be required to be submitted for review for a childcare center. D. Adopt the Recommendations of the ACHD as follows: 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 ofright-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 4] -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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 5 of 18 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 additiona123-feet (or 13-feet if the sidewalk is constructed in an easement) ofright-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 Cheny 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 locafions of driveways, shall be placed on future development of this parcel. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilifies 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 sidewallc and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 6 of 18 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 acwrdance 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 exisfing 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 ACRD 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 awaiver/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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT page 7 of 18 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. 2. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the District. F. Adopt the Recommendations of Sanitary Services as follows: A more extensive review and detail needs to be submitted for review. 13. It is found that the site is large enough to accommodate the proposed use (preschool) and related features that would be required by the ordinance. 14. 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. It is found that 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. 15. It is found 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. 16. It is not believed that the proposed use will adversely affect other property in the vicinity. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 8 of 18 17. It is found that the proposed development will be adequately served by the essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. 18. It is found 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. 19. It is not anticipated 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. ACHD 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 ACHD as "pass-by" traffic that is likely to have already been on the roads anyway, and are therefore not considered to be adding congestion. 20. It is found that the proposed use will not create significant interference with traffic on the sunrounding public streets. The applicant has not proposed any new curb cuts onto existing streets. 21. It is found that a natural or scenic feature maybe lost, damaged or destroyed by issuance of this conditional use permit. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 9 of 18 under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each applicafion for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. That the site is large enough to accommodate the proposed use and all yazds, open spaces, pazking, landscaping and other features as may be required by this 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; 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; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. 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, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 10 of 18 facilities and services and will not be detrimental to the economic welfare of the community; 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 the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. 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. 5. Prior to granfing a conditional use permit in the Limited Office District (L-O), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter I S of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall beheld before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMI'P page 11 of 18 11-1 ~-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the above named applicant is granted a conditional use permit for achurch/ preschool in an L-O zone located at 1406 W. Cherry Lane, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 12 of 18 CONDITIONS OF APPROVAL (CONDITIONAL USE PERMIT) 1. Existin 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. 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 insite-specific requirements. All pazking 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 azeas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environrnental 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 bedown-shielded or otherwise altered so that the light does not spill over onto adjacent properties orright-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 ofthe 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 13 of 18 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: L That afire-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: Plans will be required to be submitted for review for a childcare center. D. Adopt the Recommendations of the ACHD as follows: Site Specific Conditions of A nu royal 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 ofright-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 ACRD Commission or prior to issuance of a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 14 of 18 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 additiona123-feet (or 13-feet if the sidewalk is constructed in an easement) ofright-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, restricfions 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. Standard Conditions of A pn royal Any existing irrigation facilities shall be relocated outside of the right-of--way. 2. All utility relocafion 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 maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page 15 of 18 4. Ufility 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 ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepaze 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 aze 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. Exisfing 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 representafive 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 restricfions 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 propertyunless awaiver/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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT page r6 of 18 E. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: A Land Use Change/Site application must be filed for review prior to final, platting. 2. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the District. F. Adopt the Recommendations of Sanitary Services as follows: A more extensive review and detail needs to be submitted for review. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit 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 and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT page 17 of 18 review as provided by Chapter 52, Title 67, Idaho Code. Z ~ ~~ By action of the City Council at its regular meeting held on the day of ~7w~- , zoos' 3 ROLL CALL: COUNCILMAN KEITH BIRD VOTED~kk~ COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLE5S COUNCILMAN WILLIAM L.M. NARY VOTED VOTED ~~~ VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: Fj -Z~ O, j MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. Clerk Z:\Work\M\Meridian\[vieridian 15360M\Chaty Cane \\\~nuuiiuri~~q ,.~~y pfr ANE/d~d~,9%'. ~~~~, ~ Dat d:= v`" ~:, ~~9C~ST 1Sj/ -26-03 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTPIONAL USE PERMIT page 18 of 18 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 06/03/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A CHURCH/PRESCHOOL IN AN L-O ZONE, LOCATED AT 1406 WEST CHERRY LANE, MERIDIAN, IDAHO Case No. CUP-03-012 ORDER GRANTING CONDITIONAL USE PERMIT CHRIST LUTHERAN CHURCH, APPLICANT This matter coming before the City Council on the June 3, 2003, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a church/preschool in an L-O zone located at 1406 W. Cherry Lane, Meridian, Idaho, subject to the following conditions of use and development: 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 standazds upon any significant parking lot replacement per said ordinance. ORDER CONDITIONAL USE PERMIT (CUP-03-012) PAGE 1 OF 7 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 asdetailed insite-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 i s requi red 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 ofEnvironmental 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 1 I -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 ORDER CONDTITONAL USE PERMIT (CUP-03-012) PAGE 2 OF 7 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 afire-flow consistent with Appendix III-A ofthe 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. All radii shall be 28' inside and 48' outside radius for all internal roads and entrances. 4. The fire lanes shall have a cleaz driving surface, available at al] times, which is 20' wide. UFC 902.2 C. Adopt the Recommendations ofCentral District Health Department as follows: Plans will be required to be submitted for review for a childcare center. D. Adopt the Recommendations of the ACHD as follows: 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 ofright-of--way from the centerline of Linder Road abutting the pazcel 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 ACRD Commission or prior to issuance of a ORDER CONDITIONAL USE PERMIT (CUP-03-012), PAGE 3 OF 7 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 ACRD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACRD 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 additiona123-feet (or 13-feet if the sidewalk is constructed in an easement) ofright-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 ~-foot wide (minimum) concrete sidewalk on Linder Road located a minimum of 41-feet fi oin 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. Comply with all Standazd Conditions of Approval. 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. 3. Replace any exisfing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. ORDER CONDITIONAL USE PERNIIT (CUP-03-012) PAGE 4 OF 7 4. Utility street cuts in pavement less than five yeazs 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 uriless 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 Che 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 awaiver/variance of said ORDER CONDITIONAL USE PERMIT (CUP-03-012) PAGE 5 OF 7 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. 2. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the District. F. Adopt the Recommendations of Sanitary Services as follows: Amore extensive review and detail needs to be submitted for review. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT (CUP-03-012) PAGE 6 OF 7 By action of the City Council at its regular meeting held on the ZT~ day of ~~-' .2003. J Robert D. Come, Mayor City of Meridian Attest: \\\`~~~ ~ t n t n w~rb \\~,~~y OF MEgj~~9 ~~'~. G~ \~ooRQORq TFO 2 ~•- - ,'~L William G. Berg, Jr., Ci Cl rk vG o" 909 c~sT ,s~ . ~° P,~Q,,: ~~ O Copy served upon Applicant, the Planning'a~~~~~~p~artment, and City Attorney. By: ,(~~--- o /~'~"~ Dated: City Clerk Public Works Deparll»enl `\„u~wnunit .~~ ~ pf ME/~j~'~~,, . ~ i .,, C,~\~ooRPORgT~'~'L L ~ o,y GC ,9 c O "''~,, ~ouovTY , ~ ~,,~`~, r,,,,,... t ...,\,,,, 6- Z6-o3 Z:\WOrk\M\Nleridian\Meridian 15360[vAChrist Lutheran Church RZ 03 005 CUP 03 012\OrderCUP.doc ORDER CONDITIONAL USE PERMTT (CUP-03-012) PAGE 7 OF 7