HomeMy WebLinkAboutFive Twelve LDS Church CUP-09-013 DES-09-034CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF E IDIAN ^'
LAW AND
DECISION & ORDER
In the Matter of the Request for a Conditional Use Permit for a Church on Approximately
4.65 Acres in the R-S Zoning District by the Church of Jesus Christ of Latter-day Saints.
Case No(s). CUP-09-013 and DES-09-034
For the Planning and Zoning Commission Hearing Date of: January 21, 2010 (Findings on
February 11, 2010)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 21, 2010,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of January 21, 2010,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January
21, 2010, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of January 21, 2010, incorporated by reference)
B. Conclusions of Law
The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified at Title 11 Meridian City Code, and all current zoning maps
thereof. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,
2002, Resolution No. 02-382 and Maps.
The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-09-013 and DES-09-034
Page 1
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Chairman of the Commission and City Clerk and then a copy
served by the Clerk upon the applicant, the Planning Department, the Public Works
Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval in the attached Staff Report
for the hearing date of January 21, 2010, incorporated by reference. The conditions are
concluded to be reasonable and the applicant shall meet such requirements as a condition
of approval of the application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
The applicant's Conditional Use Permit as evidenced by having submitted a Site Plan,
Landscape Plan and Elevations, attached in the Staff Report as Exhibit A, is hereby
conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of January 21, 2010, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require platting, the
final plat must be recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-09-013 and DES-09-034
Page 2
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of January 21, 2010.
CITY OF MERIDIAN FWDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-09-013 and DES-09-034
Page 3
`~'Ql
By action of the Planning & Zoning Commission at its regular meeting held on the
day of ~ V' , 2010.
COMMISSIONER MICHAEL ROHM
(Chair)
COMMISSIONER SCOTT FREEMAN
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER TOM O'BRIEN
VOTED
VOTED_ (~Gc..
VOTED I.~
VOTED ~
COMMISSIONER JOE MARSHALL VOTED G~
~''v
CHAIRMAL~1 MICHAEL ROHM
~1• ~~~~.
~ ~
Attest: U \~~° ~~R1 TF %"''
o~ Y
~ a~~~~o.
r~yc of n, City Cler ~ .~- s~rocc~a oa~ ,.~~
~~~ ~~ ~'
QTY
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
By:~~~~~ ~ ~( Dated: ~~~~ ~ rly
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-09-013 and DES-09-034
Page 4
STAFF REPORT
Hearing Date:
TO:
FROM:
SUBJECT:
January 21, 2010
Planning & Zoning Commission
Bill Parsons, Associate City Planner
208-884-5533
~~Vl E IDIAN~--
CUP-09-013 and DES-09-034 -Five Twelve LDS Church
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Church of Jesus Christ of Latter-day Saints, has applied for Conditional Use Permit
(CUP) approval for a church in an R-8 zone. Concurrently, the applicant is requesting design review
approval in accordance with Unified Development Code (UDC) 11-SB-8C and the Meridian Design
Manual. See Section IX of the staff'report for more information.
IL SUMMARY RECOMMENDATION
Staff recommends approval of the conditional use permit with the conditions listed in Exhibit B,
based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report.
The Meridian Planning and Zoning Commission heard this item on January 21, 2010. At the
public hearing, the Commission voted to approve the subject CUP and DES.
a. Summary of Commission Public Hearing:
i. In favor: Jo Larson
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: Anna Canning
b. Key Issues of Discussion by Commission:
i. Access to Stoddard Road.
ii. Location of the nearest planned neighborhood center in relation to the subject
property.
iii. Inclusion of the seminary as part of the design review.
c. Key Commission Changes to Staff Recommendation:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-09-
013 and DES-09-034, as presented in the staff report for the hearing date of January 21, 2010, with
the following modifications: (Add any proposed modifications.) ). I further move to direct Staff to
prepare an appropriate findings document to be considered at the next Planning and Zoning
Commission hearing on February 11, 2010.
Denial
After considering all staff, applicant and public testimony, I move to deny CUP-09-013 and DES-09-
034, as presented during the hearing on January 21, 2010, for the following reasons: (You should
state specific reasons for denial.) I further move to direct Staff to prepare an appropriate findings
document to be considered at the next Planning and Zoning Commission hearing on February 11,
2010.
Five Twelve LDS Church CUP-09-013 and DES-09-034 - 1 -
Continuance
I move to continue File Number CUP-09-013 and DES-09-034 to the hearing date of (insert
continued hearing date here) for the following reason(s): (You should state specific reason(s) for
continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located on the west side of S. Stoddard Road, midway between Overland Road and
Victory Road, in the southwest '/a of Section 24, Township 3 North, Range 1 West
B. Owner(s):
Tuscany Development
P.O. Box 344
Meridian, ID 83642
C. Applicant:
Church of Jesus Christ of Latter-day Saints
50 E. North Temple Street
Salt Lake City, Utah 84150
D. Representative:
Jo Larson, Gowland-Johanson-Zimmerman Architecture
400 S. Main Street
Payette, ID 83661
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit. A public hearing is required before the
Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: January 4, and 18, 2010
C. Radius notices mailed to properties within 300 feet on: December 23, 2009
D. Applicant posted notice on site by: Januaryl 1, 2010
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of vacant, un-platted land, zoned R-8.
However, the Commission acted on a preliminary plat at their January 7, 2010 meeting that
depicted the future church lot.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is currently
surrounded by undeveloped agricultural property and residential properties.
North: Agricultural land, zoned RUT in Ada County
East: Single-family residential properties in Bear Creek Subdivision, zoned R-4
South: Agricultural land (preliminary platted as Bear Creek West Subdivision), zoned R-8
West: Agricultural land (preliminary platted as Bear Creek West Subdivision), zoned R-8
C. History of Previous Actions:
- In 2005, this property was annexed (AZ-OS-064) with an R-8 zoning district and included a
preliminary plat (PP-OS-064) for Bear Creek West Subdivision. The portion of the plat that
this property lies within was planned to develop with single-family residential building lots.
A development agreement (DA), instrument #106151232, was recorded as a provision of
Five Twelve LDS Church CUP-09-013 and DES-09-034 - 2 -
annexation. The recorded DA requires the property be subdivided in accordance with the
Unified Development Code. The Commission recommended approval of the preliminary plat
at the January 7, 2010 meeting.
- Reimbursement Agreement - A reimbursement agreement was required with the extension of
the Black Cat Sewer Trunk. The applicant will need to coordinate with the Public Works
Department and Legal Department to amend the previous reimbursement agreement and pay
the appropriate dollar amount prior to city engineer's signature on phase 1 of a final plat. A
CZC will not be issued until a final plat is recorded.
D. Utilities:
1. Public Works:
a. Location of sewer: W Kodiak Drive.
b. Location of water: S Stoddard Road.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
Flood Plain: This property is not within the floodway or within a flood zone according to
FEMA maps.
F. Access: Access to this site is depicted on the proposed site plan via W. Kodiak Drive (currently
not constructed) and S. Stoddard Road consistent with the proposed preliminary plat (see
Analysis Section IX below for more information).
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land
Use Map. This designation allows smaller lots for residential purposes within the city limits. Uses
may include single-family homes at densities of 3 to 8 dwelling units per acre. The property is
currently zoned R-8 which is consistent with the current land use designation.
The applicant is proposing to develop the site with a church. Typically, the Public/Quasi Public Land
Use designation in the Comprehensive Plan designates lands for the future development of churches
and public lands. Although, the medium density land use designation does not specifically address
church uses; the implementing zoning, R-8 identifies churches as a conditional use. (See Section IX,
Analysis, below for more information). Based the operational characteristics (hours of operation, low
traffic generation and low intensity of use) of a church site, Staff believes the use would be
compatible with the existing and planned uses in the area.
Staff finds the following Comprehensive Plan policies to be applicable to this as it pertains to the
subject plat (staff analysis in italics):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned
for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the subject property
in the following manner:
• Sanitary sewer and water service is available to be extended to the property.
• The lands are serviced by the Meridian Fire Department (MFD).
• The lands are serviced by the Meridian Police Department (MPD).
• The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACHD). This service will not change.
Five Twelve LDS Church CUP-09-013 and DES-09-034 - 3 -
The subject lands are currently serviced by the Meridian School District #2. This service will
not change.
The subject lands are currently serviced by the Meridian Library District. This service will
not change.
Municipal, fee-supported, sen~ices will continue to be provided by the Meridian Building
Department, the Meridian Public Works Department, the Meridian Water Department, the
Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
• "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal N,
Objective D, Action 2, page 114)
There is one direct access point to S. Stoddard Road and one access point to the future W. Kodiak
Drive, both designated as collector streets, proposed on the site plan. UDC 11-3A-3 requires
access to be taken from a local street if available. The,future church site is encumbered by two
collector streets and local street access is not available. Further, the remaining 7 acres will more
than likely develop as single ,family residential. Cross access is primarily meant to combine
access points for non-residential uses. Therefore, Staff is supportive of the two access points as
proposed. In addition, staff believes that the future residential development in the area should
take access from a local street network and not share access with the future church to Stoddard
Road.
"Require appropriate landscape and buffers along transportation corridor (setback, vegetation,
low walls, berms, etc.) (Chapter VII, Goal IV, Objective D, Action 5, page 114)
A 20 foot wide landscape buffer is required along S. Stoddard Road and W. Kodiak Drive,
designated collector streets, per UDC Table 11-28-3. The submitted landscape plan complies
with this requirement of the UDC.
"Permit schools, churches, and other public and quasi public uses in rural areas, that are
compatible with adjacent uses." (Chapter VII, Goal I, Objective D, Action 7, page 110)
This particular area in Meridian is transitioning to more urban density. Overtime Staff
anticipates single family residential and a public school to develop in the immediate area to
complement the church. Staff believes the use of this site for a church will be compatible with the
existing and planned uses for the area. Based the operational characteristics (hours of operation,
traffic generation and low intensity of use) of a church site, Staff believes the use would be
compatible with the existing and planned uses in the area.
VIII. UNIFIED DEVELOPMENT CODE
A. Schedule of Use: Unified Development Code (UDC) Table 11-2A-61ists the principal permitted,
accessory, conditional, and prohibited uses in the R-8 zoning district. The proposed church use of
the site requires conditional use permit approval in the R-8 district. Compliance with the specific
use standards listed in UDC 11-4-3-6 for church uses is also required.
B. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-6 for the R-8
zoning district apply to this site.
C. Landscaping Standards (UDC 11-3B):
1. Width of street buffer(s): 20 feet along Stoddard Road; and 20 feet along Kodiak Drive
2. UDC 11-3B-8C regulates the parking lot standards of the development code (see section 9
below for further analysis).
D. Off-Street Parking: UDC 11-3C-6B requires 1 space for every 500 square feet of gross floor area;
a 20,547 square foot building is proposed. Based on this amount, 41 parking stalls would be
required; 194 are proposed, which complies with this requirement.
Five Twelve LDS Church CUP-09-013 and DES-09-034 - 4 -
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Conditional Use (CUP) Application: Conditional use permit approval is requested fora 20,547
square foot church in an R-8 district. UDC 11-2A-2 lists a church as a Conditional Use in the R-8
zoning district subject to Specific Use Standards.
Specific Use Standards for Church or Place of Religious Worship per UDC 11-4-3-6:
Schools, child daycare services, meeting facilities for clubs and organizations, and other similar
uses not operated primarily for the purpose of religious instruction, worship, government of the
church, or the fellowship of its congregation may be permitted to the extent the activity is
otherwise permitted in the district. The applicant s~rall comply with this reguirement.
Site Design: The site plan submitted with this application (Engineering Northwest, LLC,
labeled as Sheet 1, dated December 2009) depicts one 20,547 square foot building pad and the
required site improvements. Staff has reviewed the site design for conformance with UDC and
the Meridian Design Manual. Staff finds the site plan is consistent with the aforementioned
documents. However, Staff is recommending additional changes to the site plan as follows:
1) The applicant shall provide a detail for the proposed pump house, storage building
and trash enclosure with the submittal of a CZC application. The proposed structures
shall use similar building materials as the proposed church building.
2) If access to Stoddard Road is not granted as proposed, the applicant shall submit a
new site plan in accordance with UDC 11-SB-6G.3.
Landscaping: The applicant has submitted a landscape plan dated December 22, 2009 by The
Land Group Inc., labeled as Sheet L.1.00. Staff has reviewed the internal parking lot landscaping
depicted on the landscape plan and finds it generally complies with the landscaping requirements
in UDC 11-3B-8. However, Staff is recommending additional changes to the landscape plan as
follows:
1) The street buffers were reviewed with the submission of the preliminary plat application. The
20-foot street buffers shall be installed in accordance with UDC 11-3B-7. Where ACHD
anticipates future widening, the landscape buffer shall be measured from the ultimate curb
location. It appears a portion of the landscaping is proposed to be located within ACHD
right-of--way. Therefore, the application if approved should be conditioned to require
obtaining a license agreement with ACHD to allow landscape improvements within the
right-of--way.
2) A ten-foot wide parkway is proposed within Kodiak Drive. The Parkway shall be constructed
in accordance with the standards listed in UDC 11-3A-17E.
3) The proposed landscape buffers, parkway and parking lot islands meet the dimensional
standards; however the proposed trees and shrubs are not labeled on the plan. An amended
plan must be submitted prior to CZC submittal, consistent with the requirements of
UDC 11-3B-7, UDC 11-3B-8, UDC 11-3B-9 and UDC 11-3A-17.E.
4) Construct a 20-foot wide landscape buffers along the western and southern property
boundaries as proposed.
5) If perimeter fencing is proposed the applicant shall provide a fencing detail on the
revised landscape plan.
6) The applicant has depicted a pressurized irrigation facility within the northwest corner of the
site that encroaches into the 20 foot wide landscape buffer adjacent to Kodiak Drive. Per UDC
11-3B-7C.6 impervious surfaces other than driveways, signs and walkways are prohibited in
Five Twelve LDS Church CUP-09-013 and DES-09-034 - 5 -
the required landscape buffer. Therefore, Staff is recommending that facility be relocated
outside the 20-foot wide landscape buffer.
7) The applicant shall provide 1 tree within the planter island located in the far southeast corner
adjacent to the proposed access drive to Stoddard Road.
Access: Access to this site is depicted on the proposed site plan via W. Kodiak Drive and S.
Stoddard Road. Currently, the preliminary plat being processed anticipates the access proposed
on the site plan. A final plat needs to be recorded and W. Kodiak Drive needs to be constructed to
provide access to the church site.
UDC 11-3A-3 requires access to be taken from a local street if one is available. Currently, the
site is bordered by two collector streets, thus local street access is not available. This is the first
development proposed for the site since the expiration of the plat. When the previous plat was
approved by the City as a residential subdivision, direct lot access was not proposed to Stoddard
Road and connectivity was provided by an internal street network. Staff believes the potential
traffic generated from previous plat (residential homes) would be far more then the proposed
church.
The preliminary plat contemplates single family residential developing on the remaining acreage
that surrounds the church site. However, ACHD has recommended the access point on Stoddard
Road be moved to the southern property boundary to provide future access for the property to the
south. ACHD acknowledges the lot adjacent to the proposed church is zoned for residential use;
however, the District is concerned that the southern parcel could develop with a commercial use.
The current comprehensive future land use map and zoning map designate this property for
medium density residential. To address the Districts concerns it would require the property owner
submit for a comprehensive plan map amendment and rezone application to the City for approval.
This would provide the District another opportunity to comment on the access for the adjoining
property.
To facilitate access from Stoddard Road as ACHD has suggested would require the residential
homes take access from a local street not a commercial driveway. In order for that street along the
southern boundary to be dedicated, the applicant would have to submit a new preliminary plat.
Staff believes that the future residential developrent in the area should take access from an
internal local street network and not share access with the future church to Stoddard Road.
UDC 11-3A-3A.2 also requires cross access between non-residential properties. ACHD's request
for the Stoddard access is to facilitate cross access between the two properties. However, the
abutting property is planned for residential development. Thus, the District's request is
inconsistent with the UDC.
Staff recognizes ACHD has plat signing authority, however on the subject application they are
only a recommending agency. Staff is supportive of the proposed access points, but the applicant
may have to get ACRD Commission approval to construct the Stoddard access point as proposed.
If access to Stoddard Road is not granted, the applicant will be required to submit a new site plan
for review and approval in accordance with UDC 11-SB-6G.
Parking: Per UDC 11-3C-6B all non-residential uses require one space for every 500 square feet
of gross floor area. The site is proposed to develop with a 16,558 square foot church and provides
a total of 194 parking stalls and is well above the minimum of 32 parking stalls required by the
UDC.
Building Elevations: The Applicant has submitted building elevations, labeled A2.1 and A2.2
with this application that are included in Exhibit A. The primary building material includes brick
for the exterior walls and architectural composition shingles for the roofing material. The
proposed elevations also provide relief and modulation in the roof design and the wall planes
consistent with the UDC standards. Staff is supportive of the proposed elevations as they comply
Five Twelve LDS Church CUP-09-013 and DES-09-034 - 6 -
with the design standards listed in UDC 11-3A-19 and the Meridian Design Manual. The future
building constructed on this site shall substantially comply with these elevations.
Design Review: The proposed development is subject to Administrative Design Review in
accordance with UDC 11-SB-8. Further, the building and site design are subject to the standards
and guidelines in accordance with UDC 11-3A-19 and the Meridian Design Manual. As
mentioned above, staff has reviewed the site design and elevations (church) for compliance with
these standards and guidelines. Staff is recommending approval of administrative design review
and the elevations and site design attached in Exhibit A. The plans may not be altered without
written approval from the Planning Department.
Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC)
permit is to ensure that all construction, alterations and/or the establishment of a new use
complies with all of the provisions of the UDC before any work on the structure is started and/or
the use is established (UDC 11-SB-lA). To ensure that all of the conditions of approval listed in
Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the
Planning Department prior to establishment of the new use. All improvements must be installed
prior to occupancy. Prior to the issuance of a Certificate of Zoning Compliance, the applicant
shall record a final plat and amend the reimbursement agreement for the portion of the
Black Cat Trunk line that parallels the northern boundary of the proposed church site.
The applicant should coordinate with the Public Works Department and the Legal
Department to facilitate the amendment to the reimbursement agreement as it requires
Council approval.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. CUP Site Plan
3. Landscape Plan
4. Elevations
B. Co nditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
Five Twelve LDS Church CUP-09-013 and DES-09-034 - 7 -
Exhibit A.1: V icinity/Zoning Map
Exhibit A - 1 -
Exhibit A2: CUP Site Plan
_ I
_ _ __ . ---
. _ ,. {~,.. ~7~8 ~ t~
~.__ Ryq ~ ~ ~~~
`~~ ~ELPCtlf '~-~..
w;
I
.. ~ ~. Ix
_ I _t
asay ~ __ ,
3
' ,. . -~ ,~
WLt..*17 ~ __..... ,..
.. ~ I _
d + } ,
"
r
._
,., ,._,,., ~. ,asmsw~s„ ~.. ~.
I
._
..... '
,.
.~. ..... ~ ~ ~ >/Pb°GlR7J 97l NAR~ j f' ..x .~~ ,~.... - . ~i X5;..9 W~ '
..r ~.,."v .~..... ~ f-W.tg ~ i! ~..
_,o ~,. .. ._. .., .., -F- - - ~ r. ,~, .-~, _~r3~?:°~
a. nu.ch.SEla~rFnl rutulw , ~ ~1 ~ " ~ ~'~~ x aYa::~
ddy F i
I +i:
i
w w.w ~:w ... ,. ~ wmw .w .u.a~ ~~'4~+--- _____~_ __ -- - .,.~ ~ _~__~_ Z. .rte,.. y~.~ Il...w ..~ :: .,.~
• ~ ~~~r
~.
~- •--' =i ~ .............. inurzr ro»f^ol cr rw srl/+ PARCEL FlVE TWELVE SUBOIVl SIGN ..
_ ___ -..~~ ~ W, _.__ ~fnaeti~Ig'AbH11WeBt LLC
-... „_....«»..,.,. +1 k - .m dX :YCfSQII !+, %_gl., R.rW., $k 9'* Fl.AN (CR -
W
;~fIk;J111UA.h,. L"iE F~.?MIT J° ""
w.. .me. lEfnGAk I11A C.RnfY, ItlAlq
Exhibit A - 2 -
Exhibit A.3: Landscape Plan
~~
{~
fv
~tl
_`• L );:
~ f b ~. (~~
$~ .. PROPO.SFO .S/TF PLAN ', I ~••" o p ~~
PHASE 7 ~
~1' 6~ o ~
E i -.,S~d 5~ `, Fra~eninary rtet ~arioeoape Nges Y rn
y - --
__
• t
~~ rd ... ~ ~~..,. .__,_..,_.. a 3x
,yk - - ~C. .. ~ ...L- , _.. ~ s_ 7
~R ~, , ~ ..
_ : .... .._ ........... .. ~,rppU CetCUINOr16 w,~~
(V __
..~. ~~ x
I' Q, -
I• ...,.. y,~« . , Y B
^.. ('~"
,,,fff~~~+++ ._
* ~ . , ,r .. ~ _..
~I ~ ....~. ~. .rv
~r wn
(H[CHt KCHOf IE3t S(HKISI Of IAETEk DAY SAIN75 /~~
..vas " ~ " ~ _ '~ Owne Date - _
n
~ and ~ .. ,~ ~„. ~ ,.,, ~.~.~
_ ~
Exhibit A - 3 -
Exhibit A.4: Elevations
Exhibit A
~2jEIrEY, ~TIG\.
~~
r. Ey E_.~ ~.TI:.'_
-4-
- tr,•
-~i
s , re
i E~~
C?~
0
m 4'
¢~
~Q
Q p
DO
O~
YN
f ~
I 0x9y
Vykk
~ ~y]
l~
vsrw ~.ma
i
.. ~rurw. ni
a
VirW~n+
•nll JN~
~A2.1
~~~~
;[i
;°
c7.
L~
~~ <~'
~~
' _ ~ I~._J
- d
.,.W ~,a,...
..~.. .
o~
~~
,.,.
a
a p a
DO j
Oy
.....~ ~., ELE a~;: ~. ,„~ lid „ DH~~i
i ~I ~ ~eY~f{~
~e
(3 uar ncr- _-
i+ - ne as ~w Paz
3
1
-.rr~.. _ `uocm
m y
I
9 _ iui oom oo
b ,.,. v~b ~ - m.
;,,ELE`, -i1 J~ ~ ..'o... ~.°`
A2.2
Exhibit A - 5 -
Exhibit B -Agency and Department Comments
On December 31, 2009, Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Sanitary Services and Meridian
Parks Department. Staff has included all comments and recommended actions in the attached Exhibit B.
1. PLANNING DEPARTMENT
1.1 CONDITIONAL USE PERMIT- SITE SPECIFIC CONDITIONS OF APPROVAL
1.1.1 The developer shall comply with all current and previous conditions of approval for this site
related to AZ-OS-064 (Development Agreement Inst. #106151232) and preliminary plat (PP-09-
002), except as may be modified by the City Council.
1.1.2 The CUP site plan prepared by Engineering Northwest, LLC, dated December, 2009, is approved,
with the conditions listed herein and with the following changes:
• If access to Stoddard Road is not granted as proposed, the applicant shall submit a
new site plan in accordance with UDC 11-5B-6G.
• The applicant shall provide a detail for the proposed pump house, storage building and
trash enclosure with the submittal of a CZC application. The proposed structures shall
use similar building materials as the proposed church building.
1.1.3 The landscape plan prepared by The Land Group, dated December 22, 2009 labeled L-1.00 and
L1.10 (attached in Exhibit A), is approved with following modifications from the Planning
Department:
• Enter into a license agreement with ACHD to include landscape improvements within the
right-of-way adjacent to Kodiak Drive and Stoddard Road.
• All required landscaping (landscape buffers, parking lot landscaping and parkway shall
be constructed in accordance with UDC 11-3B-7, UDC 11-3B-8, UDC 11-3B-9 and UDC
11-3A-17. Where ACHD anticipates future widening, the landscape buffer shall be
measured from the ultimate curb location.
• Prior to CZC submittal, the applicant shall amend the landscape plan and label the
planting materials as specified in the legend.
• If perimeter fencing is proposed for the site, provide a fence detail on the revised
landscape plan with the submission of a CZC application.
• Construct a 20-foot wide landscape buffers along the western and southern property
boundaries as proposed.
• If perimeter fencing is proposed the applicant shall provide a fencing detail on the revised
landscape plan.
• The pressurized irrigation facility shall be located outside of the 20 landscape
easement in accordance with UDC 11-3B-7C.6.
• The applicant shall provide 1 tree within the planter island located in the far southeast
corner adjacent to the proposed access drive to Stoddard Road.
• A written certificate of completion should be prepared by the landscape architect,
designer, or qualified nurseryman responsible for the landscape plan. All standards of
installation should apply as listed in UDC I 1-3B-14.
1.1.4 The applicant shall record a final plat and amend the reimbursement agreement prior to the
issuance of a certificate of zoning compliance for the church site or the issuance of a building
permit for any single family dwelling that does not require CZC approval. The applicant shall
coordinate with the Public Works Department and the Legal Department to facilitate the
amendment to the reimbursement agreement as it requires Council approval.
1.1.5 The applicant shall comply with the specific use standards listed in UDC 11-4-3-6.
Exhibit B - 1 -
1.1.6 The applicant shall submit a Certificate of Zoning Compliance application with revised plans that
comply with the conditions of approval listed herein, prior to establishment of the new use.
1.1.7 Applicant shall have a maximutn of 18 months to commence the use as permitted in accord with
the conditions of approval listed above (UDC I1-SB-6F). If the approved use has not begun
within 18 months of approval, a new conditional use permit must be obtained prior to operation.
1.1.8 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility
for compliance.
1.1.9 The request for Administrative Design Review approval for the site design, proposed buildings
and parking are approved as modified by the conditions of approval herein. Any modifications to
the site design, landscape design or building alternations shall not occur without written approval
from the Planning Department.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in W Kodiak
Drive. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is
less than three feet than alternate materials shall be used in conformance of City of Meridian
Public Works Departments Standard Specifications.
2.2 Water service to this site is being proposed via extension of mains in S Stoddard Road. The
applicant may be responsible to install two water connections due to fire flow requirements. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.3 The applicant may be required to provide an easement for or install a PRV at any location needed
to control the risk of conflicting pressure zones. Coordinate size and location with Public Works.
2.4 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of
public right of way. The cormnon lot shall be covered with a blanket easement to the City of
Meridian.
2.5 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall not be dedicated via
the plat. The description shall be consistent with the graphically depicted easements on the plat
but be recorded as a separate document using the City of Meridian's standard forms. Submit an
executed easement (on the form available from Public Works), a legal description, which must
include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and
distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a
Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this
document.
2.6 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, asingle-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
2.7 All existing structures that are required to be removed shall be removed prior to signature on the
final plat by the City Engineer.
2.8 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
Exhibit B - 2 -
2.9 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.10 Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures
and inspections (208)375-5211.
2.11 Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building permits.
2.12 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.13 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.14 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.16 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.18 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation.
2.20 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage
facility within this project that do not fall under the jurisdiction of an irrigation district or the
ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.21 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by
the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and permit from the Public Works Department prior to
commencing installations.
3. FIRE DEPARTMENT
3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 ''/z" outlet face the main street or parking lot aisle.
Exhibit B - 3 -
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %z" outlets.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.2 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide and support an imposed weight of 75,000
GVW.
3.3 Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
3.4 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
3.5 Commercial and office occupancies will require afire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.6 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.7 There shall be a fire hydrant within 100' of all fire department connections.
3.8 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required
to have an approved turn around.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related with the site design as submitted with this
application.
5. SANITARY SERVICES
5.1 Prior to submittal of a Certificate of Zoning Compliance application to the City of Meridian
Planning Departrent, the applicant shall submit afull-size site plan to SSC for approval of the
trash enclosure size and location.
6. ADA COUNTY HIGHWAY DISTRICT (DRAFT COMMENTS)
6.1 Construct Stoddard Road as one-half of a 46-foot street section with vertical curb, gutter, 8-foot
wide planter strip, and 5-foot wide detached concrete sidewalk, as proposed. Provide ACRD
with a sidewalk easement for any segment of the sidewalk located outside of the right-of--way.
6.3 Construct Kodiak Drive to intersect Stoddard Road, located at the north property line, align the
roadway centerline to centerline with Kodiak Drive on the east side of Stoddard Road.
6.4 Construct the first 150-feet of Kodiak Drive west of Stoddard Road with a minimum 21-feet of
pavement on both the north and south street sections, an 11.6-foot wide center landscape island,
vertical curb, gutter, 8-foot wide planter strip, and 5-foot wide detached concrete sidewalk on the
south side of Kodiak and with a 3-foot gravel shoulder and barrow ditch on the north. Provide a
sidewalk easement for any segment of the sidewalk located outside of the right-of--way.
6.5 Construct the remaining segment of Kodiak drive as one-half of a residential collector street
section with a minimum 24-feet of pavement, vertical curb, gutter, and 5-foot wide concrete
Exhibit B - 2 -
sidewalks on the south side of the roadway with a 3-foot wide gravel shoulder and barrow ditch
on the north side of the roadway. Front-on housing and on-street parking are prohibited on
residential collector roadways. Provide a sidewalk easement for any segment of the sidewalk
located outside of the right-of--way. Coordinate a signage program to restrict parking on Kodiak
Drive with District Development Review and Traffic Services staff.
6.6 Construct Kodiak Drive as a stub street to the west located at the north property line. Construct a
temporary cul-de-sac turnaround at the terminus of the roadway. The turnaround should be
designed to provide a minimum outside turning radius of 45-feet. Install a sign at the terminus of
the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
6.7 Construct one 30-foot wide driveway onto Stoddard Road located at the south property line.
Provide a cross access agreement and a note on the plat between Lots I and 2 of the subdivision.
Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement. If
the driveway is not relocated to the south property line and a cross access agreement is not in
place, then access to Stoddard Road shall be prohibited.
6.8 Construct one 30-foot wide driveway onto Kodiak Drive, located 365-feet west of Stoddard
Road, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the
edge of pavement.
6.9 Other than the access specifically approved with this application, direct lot access is prohibited to
Stoddard Road and shall be noted on the final plat.
6.10 Comply with all Standard Conditions of Approval.
6.1 Standard Conditions of Approval
6.1.1 Any existing irrigation facilities shall be relocated outside of the right-of--way.
6.1.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of--way.
6.1.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
6.1.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
6.1.5 Comply with the District's Tree Planter Width Policy.
6.1.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
6.1.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
6.1.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
6.1.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
6.1.10 Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
Exhibit B - 3 -
6.1.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
6.1.12 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
6.1.13 Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
7. PARKS DEPARTMENT
7.1 The Parks Department has no concerns with the site design as submitted with this application.
Exhibit B - 4 -
C. Required Findings from Unified Development Code
Conditional Use Permit Findings:
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:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The Commission finds that if the site is designed according to the conditions of approval
in Exhibit B, the site will be large enough to accommodate the proposed use and meet
the dimensional and development regulations of the R-8 zoning district and Specific Use
Standards.
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan
and in accord with the requirements of this Title.
The Comrission finds that the proposed church in the existing R-8 zone meets the
objectives of the Comprehensive Plan.
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.
The Commission finds that the proposed church is compatible with other uses in the
general area and will not adversely change the character of the 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.
The Commission finds that the proposed development should not adversely affect other
property in the vicinity if the applicant complies with all conditions of approval listed in
Exhibit B of this staff report and constructs all improvements and operates the use in
accordance with the UDC standards.
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, and sewer.
The Commission finds that sanitary sewer, domestic water and irrigation can be made
available to the subject property. Please refer to comments prepared by the Public Works
Department, Fire Department and other agencies.
f. That the proposed use will not create excessive additional costs for public facilities
and services and will not be detrimental to the economic welfare of the community.
The Commission finds that the applicant will pay to extend the sanitary sewer and water
mains into the site. No additional capital facility costs are expected from the City. The
applicant and/or future property owners will be required to pay highway impact fees and
any applicable reimbursement agreement fees.
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.
Exhibit B - 5 -
The Commission finds that the proposed development will not involve uses that will
create nuisances that would be detrimental to the general welfare of the surrounding area.
The Commission recognizes the fact that traffic and noise will increase with the approval
of this development; however, they do not believe that the amount generated will be
detrimental to the general welfare of the public.
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The Commission t7nds that the proposed development will not result in the destruction,
loss or damage of any natural feature(s) of major importance. Staff recommends that the
Commission and Council reference any public testimony that may be presented to
determine whether or not the proposed development may destroy or damage a natural or
scenic feature(s) of major importance of which staff is unaware.
Exhibit C - 2 -