Loading...
HomeMy WebLinkAboutStaff ReportItem # 4C: Life Church (CUP-11-003) Application(s): - Conditional Use Permit to operate a church from a existing building in an I-L zone. Size of property, existing zoning, and location: This site consists of 4.22 acres, is currently zoned I-L, and is located at 3225 E. Commercial Court. Adjacent Land Use & Zoning: North: Previous equipment rental, zoned I-L South: Railroad tracks/ vacant commercial property, zoned C-G East: Vacant Industrial property, zoned I-L West: State Highway 55 and Scentsy Campus; zoned I-L History: In 2001, the property was annexed into the City with the I-L zoning designation. The existing building served as the Coors distribution center. In 2009, a certificate of zoning compliance was approved that changed the use from office/warehouse to information industry. Currently the building is vacant. Summary of Request: The applicant is requesting CUP approval to operate a church for an existing developed site. The property is currently zoned I-Land requires CUP approval. The comp Plan designation for the property is industrial. Although this is not the preferred use in the industrial zone, the Comp Plan encourages the adaptive reuse of existing developed sites. With future submittal of a CZC and DES applications, the applicant is proposing a phased conversion of open warehouse and office space into a church sanctuary, classrooms, and support spaces. Exterior modifications include the addition of a 2,164 square foot glass foyer/fellowship area and phased facade and site improvements. Comprehensive Plan DesignationlCompliance wlComp Plan? Industrial -Yes Compliance with UDC? Yes Written Testimony: None Staff Recommendation: Approval Notes: STAFF REPORT Hearing Date: September 1, 2011 TO: Planning & Zoning Commission E IDIAN~-- FROM: Bill Parsons, Associate City Planner I D A H O (208) 884-5533 SUBJECT: CUP-11-003 -Life Church I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Life Church, is requesting Conditional Use Permit (CUP) approval for the operation of a church in an existing warehouse building in an I-L (Light Industrial) zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C III. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-11- 003, as presented in the staff report for the hearing date of September 1, 2011 with the following modifications to the conditions of approval: (add any proposed modifications). Ifurther move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on September 15, 2011. Denial After considering all Staff, Applicant, and public testimony, I move deny File Number CUP-11-003, as presented during the hearing on September 1, 2011, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on September 15, 2011. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- 11-003 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 at 3225 E. Commercial Court (R1527260025). Section 09, T3N, Rl W b. Owner: Stein Holdings, LLC 5408 NE. 88th Vancouver, WA 98665 c. Applicant/Contact: LKV Architects Life Church -CUP-11-003 Page 1 2400 E. Riverwalk Drive Boise, ID 83706 d. 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: August 15, and 29, 2011 c. Radius notices mailed to properties within 300 feet on: August 4, 2011 d. Applicant posted notice on site by: August 19, 2011 VL LAND USE a. Existing Land Use(s): Vacant warehouse building. b. Character of Surrounding Area and Adjacent Land Use and Zoning: This area is predominantly developed with light industrial uses. North: Previous Equipment Rental, zoned I-L West: State Highway 55 (N. Eagle Road) and Scentsy Campus, zoned I-L and L-O South: Railroad tracks and Vacant Commercial Property; zoned C-G East: Vacant Industrial Property, zoned I-L c. History of Previous Actions: In 2001, the property was annexed (AZ-O1-013) into the City with the I-L (Light Industrial) zoning designation. In 2009, a certificate of zoning compliance (CZC-09-021) for information industry (Silverdraft Studios) was approved on the site. d. Utilities: 1. Public Works: a. Location of sewer: No utilities required, currently served. b. Location of water: No utilities required, currently served. c. Issues or concerns: None e. Physical Features: 1. Canals/Ditches Irrigation: No major facilities. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property is not within a floodplain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The 2010 Comprehensive Plan Future Land Use Map designates the subject property as "Industrial." Per Chapter III of the Comprehensive Plan, the Industrial land use category "includes areas that are designated to allow a range of industrial uses to support industrial and commercial activities and to develop with sufficient urban services. In light industrial areas, uses may include warehouses, storage units, light manufacturing, and incidental retail and office uses." Life Church -CUP-11-003 Page 2 Although a church is not listed in the Comprehensive Plan as a preferred use in Light Industrial areas, it is designated a conditional use in the Unified Development Code (UDC). Because the proposed use will be on the periphery of most of the industrial activity occurring in the area and there are staggering hours of operation, staff believes the Church activities should not interfere with the adjacent uses. Further, the building is currently vacant and being underutilized and the Comprehensive Plan encourages the adaptive reuse of existing developed sites. For these reasons, Staff finds that the request generally conforms to the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • Develop alternative modes of transportation through pedestrian improvements, bicycle lanes, off-street pathways, and transit oriented development as appropriate. (Chapter 3, pg. 48) The subject property fronts on Eagle Road. The UDC requires the construction of a 10 foot wide multi-use pathway along Eagle Road consistent with the Eagle Road Corridor Plan. The submitted site plan indicates one is proposed similar to the pathway constructed on the Scentsy property across Eagle Road. In the future, it is anticipated that a regional pathway will be constructed along the rail corridor. With the addition of this pathway segment and other planned and existing pathway segments, pedestrian connectivity/mobility is increasing in the area. • Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter 3, pg. 45) The site is already connected to City services. The change of use will not impact the services being provided to this site. • Encourage Infill Development. (Chapter 3, pg. 50) The subject site is already developed with an existing 41, 820 square foot industrial building that is currently vacant. Rather than developing a new church site, the applicant is proposing to redevelop an existing site. If the use is approved to operate, the applicant is proposing several site enhancements to occur in two (2) development phases (see plans attached in Exhibit A). Staff is of the opinion that this site is viable for redevelopment and the planned improvements will enhance the aesthetic character of the site and surrounding area. Redevelopment is already occurring in this area of the City. Review of this development proposal (building and site) will occur with a future certificate of zoning compliance and administrative design application. VIII. UNIFIED DEVELOPMENT CODE a. Purpose Statement of Zone: The purpose of the I-L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian Comprehensive Plan, the I-L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. b. Schedule of Uses in Industrial Districts: UDC Table 11-2C-2 lists the permitted, accessory, and conditional uses in the I-L zoning district. Churches are a conditional use in the I-L zone with the specific use standards listed in UDC 11-4-3-6 (see Section 9, Analysis, for specific use standards). Life Church -CUP-11-003 Page 3 c. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2C-3 for the I-L zoning district. d. Landscaping Width of street buffer(s): 35 feet along N. Eagle Road; and 10 feet along E. Commercial Court. 2. UDC 11-3B-8C regulates the parking lot standards of the development code (see section 9 below for further analysis). 3. Width of street buffer(s): 25 feet along Ten Mile Road and Pine Avenue; and 10 feet along W. Treva Drive and N. Gray Cloud Way. 4. UDC 11-3B-2 regulates the amount of additional landscaping required with the future expansion of the site. e. Off-Street Parking: UDC 11-3C-6B requires 1 space for every 2000 square feet of gross floor area; a total of 41,820 square foot of building area exists and 2,164 square foot addition is proposed. Based on this amount, 22 parking stalls would be required; 95 are proposed with phase 1 with additional parking provided with phase 2 (see section 9 below for further analysis). IX. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the proposed CUP request as presented in the staff report, with the following comments: CUP: The applicant is requesting approval to operate a Church from an existing warehouse building. The property is currently zoned I-L (Light Industrial). Per UDC 11-2C-2, a "Church or Place for Religious Worship" requires conditional use permit approval in the I-L zone and is 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. At this time, the applicant is not proposing any other ancillary uses other than those associated with religious worship. Development Plans: The scope of work includes a phased conversion of open warehouse and office space into a church sanctuary, classrooms, and support spaces. Exterior modifications include the addition of a 2,164 square foot glass foyer/fellowship area and phased facade and site improvements. For informational purposes only, the applicant has provided the phase 1 and phase 2 development plans (see Exhibit A). The CUP is necessary to establish the use and the future remodel and site work will require the submission of a certificate of zoning compliance and an administrative design review application. Staff has reviewed the submitted plans and offers the following analysis: Site Plans (Phase 1 and Phase 2): The applicant has submitted to site plans for review labeled S- t and S-2. The sheet labeled S-1 depicts the site improvements proposed with the first phase of development. Staff has reviewed the site plan and finds the site generally complies with the UDC. However, the applicant has not depicted the required 5-foot wide sidewalk along E. Commercial Court. Per UDC 11-3A-17 a 5-foot wide sidewalk is required. In addition, ACRD requires the road section to be completed with curb, gutter and the sidewalk. The applicant should revise the Life Church -CUP-11-003 Page 4 plan to include the 5-foot wide sidewalk. Further, staff has conditioned the applicant to comply with ACHD's conditions of approval. The sheet labeled S-2 depicts the improvements with the second phase which includes additional facade improvements and the parking lot expansion. This site plan is for informational purposes only and will be reviewed with future certificate of zoning compliance and administrative design review applications. Landscape Plans (Phase land Phase 2): The applicant has submitted two landscape plans for review labeled L-1 and L-2. Currently, the site does not conform to the landscaping requirements set forth in UDC 11-3B. There are standards outlined in UDC 11-3B-2D that require full compliance when the expansion of the site meets a certain threshold. At this time, the applicant is proposing a 2,164 square foot addition to the building and a fire department turnaround with additional parking. The proposed improvements do not trigger the threshold to require additional landscape requirements. The applicant has indicated on the submitted plans that street buffers will be brought up to current standards with phase 1. The proposed changes will be monitored on a cumulative basis and tracked by the Planning Department as the site expands. The future parking lot expansion with phase 2 will have to comply with the parking lot standards set forth in UDC 11-3B-8C. The applicant has indicated on the submitted landscape plans that several trees may need to be removed from the property due to questionable health and many others are to be retained and protected. Per UDC 11-3B-10 removal of any tree over 4 inches in caliper requires mitigation. If the City Arborist determines the trees are dead, dying or hazardous then mitigation may not be required. Prior to the submittal of the CZC and DES applications, the applicant should coordinate with the City Arborist to determine the fate of the diseased trees and an appropriate protection plan for the existing trees that are to remain. Elevations: The applicant has submitted building elevations for each of the respective phases. Phase 1 will include the addition of a glass foyer/meeting area, stucco towers to modulate the roof, new paint and metal awnings and metal accent panels to help provide relief on the facade. The existing garage bays will be converted to glass and accented with painted decorative pilasters and the same metal accents proposed over the windows and metal accent panels on the exterior walls. With phase 2 more of the same architectural detailing will be provided to the exterior. In general, staff is very supportive of the proposed elevations. The proposed elevations will be reviewed in more detail with the submittal of the CZC and DES applications. Development Along State Highways UDC 11-3H-4C: The subject property fronts on Eagle Road (Hwy 55). The UDC requires the construction of a 10-foot wide multi-use pathway with a public use easement and installing pedestrian lighting and landscaping consistent with the Eagle Road Corridor Study. The applicant is proposing to provide the pathway, lighting and the required amount of trees and buffer width with phase 1. Staff is supportive of the applicant's proposal. The applicant should provide the light detail with the submission of the CZC to ensure the proposed lighting complies with the UDC. In addition, the proposed pathway does not provide connectivity to the planned sidewalk along E. Commercial Court nor the shoulder of Eagle Road to allow users to access the pathway. In coordination with the Parks Department, staff recommends the applicant extend the pathway so that proposed pathway connects to the planned sidewalk and the shoulder of Eagle Road. Life Church -CUP-11-003 Page S Access: Access to the site is taken from E. Commercial Court, designated a local street. Access to this site is consistent with the requirements set forth in UDC 11-3A-3. No other access points are proposed or approved with this application. Parking: Per UDC 11-3C-6B all industrial districts require one space for every 2,000 square feet of gross floor area. The site is currently developed with a 41,820 square foot warehouse building and a 2,164 square foot addition is planned. Based on the existing and planned square footage the site must provide a minimum of 22 parking stalls. The submitted site provides a total of 95 parking stalls. With phase 2, 142 stalls will be added to site. At build-out, a total of 237 parking stalls will be provided on site. In addition, the applicant is responsible for providing bike parking on the site. On the submitted site plan the applicant is providing the required bike racks in accord with the UDC. Business Operation: The Church services for the proposed use as stated in the application will occur on Sunday. Typically, other church related activities will occur during the week including but not limited to office duties during normal business hours and church gatherings/meetings may occur during the evening to conduct routine church business. Staff believes the use should not conflict with the industrial activities occurring in the area and is not recommending a restriction on the hours of operation for the church site. Certificate of Zoning Compliance and Design Review: The purpose of a Certificate of Zoning Compliance (CZC) and administrative design review (DES) approval 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 and DES approval from the Planning Department prior to establishment of the new use. All improvements must be installed prior to occupancy. X. EXHIBITS A. Exhibits 1. Vicinity Map 2. Site Plan (Phase 1 and Phase 2) 3. Landscape Plan (Phase 1 and Phase 2) 4. Floor Plan (Phase 1 and Phase 2) 5. Elevations (Phase 1 and Phase 2) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Required Findings from Unified Development Code Life Church -CUP-11-003 Page 6 A. Drawings 1. Vicinity Map i i m I n ~ ~ 3291 C-G I ~ ! I 3355 I ~ I 2700 ..._. _. I-L L-O 3001 4375 3475 3649 i 3660 Exhibit A Page ~ 2. Site Plan (Phase 1 and Phase 2) Phase 1 I '~'~~~:"'-M-s ~ lei: .~., ~~ ~ z~ e ~~:naw^..~.. e ~-s°---~--- ~- --- .a ~ .......... L~ Site Plan -Phase 7 ~ ~ ~- ~ ~~ ,.s..., ~ :._rr_r.:.r•G_~ ~• o- ....r. ` ...,... sm :~x, F-,~-:~.~ ,. ~g9 ~..~., ~q :.mc i :.~ w-~ .......~ Ct IC: ...,....~~ de ~^ _ A r~ A .r».e...~..~... . f.., o- ...__.........,. - SM Mw ~~~~ M~a ~:.... ~a.= c~•- -;~ J t ? Crt~'wJ Ydec ~ '[ S ~~ ~ x i ~ 7i.:~--~.,.~.... c7 ~C-j~1Yw~s~' i19 R., ~i~ss~s; r~ U LL4a."~"YA4'. ~" ^ ` ,~ ~, ._ N, _. p 3 -~{! tt i ,~ ___.. ~. -._... M w. W6~ ^'~ i ~~ w ( e QR v p+ .«w. S-2T Exhibit A Page 2 See Pl~n - FuNre Phases ~ °~" 3. Landscape Plan (Phase 1 and Phase 2) `_~~_ i ~ w~~~ ian:»:. s~mk ~~j,.~ ~.., i.. i; .........+a ~ti{a-~ ~// ... 'CiJ "• ._. .. ®: 1~ _..~ .4.a„e.:..:uW: _ .~. 9:"2` _ ~^ :.~Y:'t~.....~< xa- v .R......~.,.. it .».~»» ~'.i~,7ix !~~...®e.. ,4.....a ~... ,..:.. u. i~ a.. .. Y,... d»....... -.... ct..,._a r..,. ~ ~ __ A::. . ~L~ ~~.: J ~~ - ~, ®- - ., ~~ ., ~' ~ f 6 ~~~ 1i! . .1 iI~ ~~:- .., ~ { ~..~.. 3 f ~ ft~ 4Y::-` f ' - ~ ~ -__. L-2 Exhibit A Page 3 Lantlseape Plan - Pnaae 1 „r~.... Lantlscapa Plan • Future Pharos r,~.~.. 4. Floor Plan (Phase 1 and Phase 2) Phase 1 Phase 2 c,. , Exhibit A .~...,y j n+ gyp' 4 4 41 l" l _y~` F1 J l t ~ i? h Sv ti S E A ,~ T r - i [ t t* ~r~t ~ ..,z~. ~ ~ r ~ ~u~i.-~-r °' E ~~ ~t\ ~` t 1 S 1 IP TI ~ ~ ~ ,~.~ h Jai ., ^ .~v f l.'l: :a:~• .y....a iM~ K.+i~•~J/mar' _ !,V/i,> .. _~~~. :Y.v.v. "T~^ Y 7.a.. ur J Pagc 4 Y ., Y. ~+ •io w 5. Elevations (Phase 1 and Phase 2) Phase 1 Nortn Flavalkn - Phaae t Soum Elevatlon -Phan 1 East Elavatlan -Phase 1 Exhibit A Pagc 5 Wcs[ Elavatlon- vhau 1 •+~=+~'~+~~ Phase 2 1- Easl Ekvatbn -Future Phases s..,,.. ~• Exhibit A }'~~~~ ~ Nunn Eleva11ar1- FuU,re Phases W ~ work ConplNe6 h Phase 1; B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The site plan, landscape plan and building elevations for phase 1 prepared by LKV Architects Associates (dated 07/28/11) contained in Exhibit A are approved with the comments and conditions in this report. 1.2 Any future uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.3 The applicant shall submit an application for Certificate of Zoning Compliance for the proposed use and site improvements prior to establishment of the new use in accord with UDC 11-SB-1. 1.4 The applicant shall submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-SB-8. 1.5 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.6 No new signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. 1.7 The Applicant shall have a maximum of two (2) years to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within two (2) years of approval, a new conditional use permit must be obtained prior to operation. 1.8 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.9 The applicant shall comply with the specific use standards set forth in UDC 11-4-3-6. 1.10 The applicant shall comply will all of ACHD's conditions of approval. 1.11 The applicant shall coordinate with the City Arborist to 1) coordinate the protection of the existing trees and 2) determine if the trees in questionable health need to be mitigated for. If mitigation is required than the applicant shall comply with the tree preservation standards set forth in UDC 11-3B-1OC5. 1.12 The applicant shall construct a 5-foot wide side walk adjacent to E. Commercial Court in accord with UDC 11-3A-17. 1.13 The applicant shall construct a 10-foot-multi-use pathway along Eagle Road in accord with UDC 11-3H-4C. Said pathway shall provide connection to the shoulder of Eagle Road in the southwest corner and provide a connection to the required 5-foot wide sidewalk abutting E. Commercial Court. With the submission of the CZC provide a detail of the lighting proposed along the pathway. 1.14 With the future expansion of the parking lot, the new parking area shall comply with the parking lot landscape standards in accord with UDC 11-3B-8C. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. Exhibit B - 1 - 3. FIRE DEPARTMENT 3.1 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 3.2 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 3.3 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.4 Commercial and office occupancies will require afire-flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 3.5 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 3.6 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 3.7 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. 3.8 Buildings over 30' in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4. POLICE DEPARTMENT 4.1 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 5. PARKS DEPARTMENT 5.1 Construct a 10-foot wide multi-use pathway and install pedestrian lighting and landscaping consistent with UDC 11-3H-4C3. 5.2 Prior to Certificate of Occupancy, the applicant shall record a public access easement for the multi- use pathway along Eagle Road and submit copy of said easement to the Planning Department. 6. SANITARY SERVICES COMPANY 6.1 The applicant shall submit a scaled site plan stamped approved by SSC verifying compliance with SSC's requirements with the CZC application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Construct Commercial Court as one-half of a 40-foot street section including vertical curb, gutter and minimum 5-foot wide sidewalk, abutting the site. 7.2 Utilize the existing 25-foot wide driveway, located approximately 425-feet east of the intersection of Commercial Court and Eagle Road, as proposed. Pave the driveway its full width at least 30- feet into the site beyond the edge of pavement. 7.3 Provide the District with a sidewalk easement for any segment of sidewalk located outside of the right-of--way. 7.4 Comply with all Standard Conditions of Approval. Exhibit B - 2 - 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the ACRD right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within the ACHD right-of--way. 7.2.3 In accordance with District policy, 7203.6, the applicant maybe required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 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. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of--way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 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 (1-811-342-1585) 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. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Exhibit B - 3 - C. Required Findings from the Unified Development Code The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. Conditional Use Permit (UDC 11-SB-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: 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. Staff finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the I-L district (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the proposed use is generally consistent with the Comprehensive Plan future land use map designation of Industrial for this site. Further, staff finds the proposed use of the site is consistent with the Comprehensive Plan in that the building is currently vacant and being underutilized thus making the site suitable for redevelopment which aligns with the goals and 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. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use should be compatible with other uses in the general vicinity and with the existing and intended character of the area as other properties are redeveloping in 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. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other properties in the area. The Commission should rely upon any public testimony provided to determine if the development will adversely affect other properties 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, and sewer. Staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. 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. Exhibit C - 1 - If approved, the applicant will be financing any improvements required for the proposed use. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 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. Staff finds the proposed use will not involve any of the above listed activities or processes that would be detrimental to persons, property, or the general welfare. 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. Staff finds the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature. Exhibit C - 2 -