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HomeMy WebLinkAboutCapital Christian CUP 03-064RECEIVED FEB :, y 2CJ4 intert7ffice iVIEMORANDUM City Of Meridian City Clerk Office To: William G. Berg, Jr. From: William F. Nichols Subject: BY: CAPfTAL CHRISTIAN CHURCH FOR CONDITIONAL USL PERMI"f FOR CAPLTAL CHRISTIAN CENTER IN AN L-O ZONE File No.: CUP-03-064 Date: Febntary 23, 2004 Wi1L Please find attached the original FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SU'BIECT TO COND1TIONS and ORDER for the above matter. Please place this matter upon the Consent Agenda for Council discussion and decision. if you should have any questions please give me a call. \Worl YIAM erid lan~Nlcri J'mn 153o0M'~Qipiiul ChrlSnan Cenmr CUP-OJ-OG~~Clk l.nt 1IP11cIsSOnicr b2 23 Pd ilo~ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/17/04 ~ Case No. CUP-03-064 1N THE 1~1ATTER OF THE REQUEST FOR CONDITIONAL ~ FINDINGS OF FACT AND USE PERMIT FOR A PLANNED ~ CONCLUSIONS OF LAW AND DEVELOPMENT 1N AN L-O ZONE, ~ DECISION AND ORDER LOCATED AT 2760 E. FA[RVIEW ~ GRANTING CONDITIONAL USE ROAD, ry'IERIDIAN, IDAHO ~ pF.R~1I'1' CAPITAL CHRISTIAN CHURCN, ~ APPLICANT ~ The above entitled conditional use permit application having come before the City Council on February 17, 2004 at the hour of 7:00 p.m., at Meridian Ciry ,Hall, 33 East Idaho Street, Meridian, ldaho, and Anna Powell Planning Director for the Plamm~g and Zomng eared and testified, and the City Department, AI Marsden, Jeff Wolfe, and Bruce Mills, app Council having duly considered the evidence and the record in this matter and the Recommendations to Ciry 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 1 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 February 17 2004, before the City Council, die first publication appearing and written notice hCISIONeAND ORDER roperty FINDINGS OF FACT AND CONCLUSIONS OF LA~'1' AND DE GRANTING CONDITIONAL USE PE~PAGE 1 OF 19 owners 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 February 17, 2004, 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 opportluuty to express comments and submit evidence. ~ There has been compliance with all notice and hearing requirements set forth in Idaho Code X67-6509, 612, and Meridian City Code §~~ I 1-15-5 and I 1-17-~ as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof o1 Pasting filed with the stal`C report. 3. This proposed development request is in an L-O zone and by reason of the provisions of the Meridian City Code § 11-] 7-4, a public hearing was required before the City Council on this application. 4 The property is located on the north side of Fairview Avenue, approxmlately '.ia mile west of the northwest intersection of Eagle Road and Fairview Avenue. The site address is 2760 E. Fairview Road, Meridian, Idaho. 5 The owner oi~ record of the subject property is Capital Christian Center, lnc. 6 p,pplicanC is Capital Christian Church. 7, The subject property is currently zoned L-O. The zoning district of L-0 is defined FINDINGS OF FACT AND CO 9ELPE IRMiT OF LAW AND DECLSION AND ORDER GRANTING CONDITIONAL L pv.GE 2 OF 19 within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. g, The proposed application requests a conditional use permit for a Planned Development in an L-O zone. The L-O zoning designation within the City of Meridian Zoning and Development Ordinance requires that a Conditional Use Permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-&1). 9, The proposed application is in compliance with the Meridian Comprehensive plan, which designates the subject property as Public/Quasi Public. 10. The use proposed within the subject application wiIl in fact, constitute a conditional use as deternrined 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 City d ~laasd dltl erOrdinance~ maps thereof and the Comprehensive Plan of the City of Meridian, ~ P establishing the hnpact Area Boundary. l~ Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian plano,ing 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 eo 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: FINDINGS OF FACT AND CONCLUSIONS OF LAS' AND DECISION +vvfl ORDLR GR.AN1'IN(; CONMTIONAL USE PERD'II~CEJ 3 OF 19 A. Adopt the Special Recommendations of the Planning and Zoning Commission as toll°ws: 1. Add a paragraph 16 on page 7 which states that the Planning and Zoning Conur~ssron recommends that the building heights be approved as submitted. ~. Add a paragraph 17 on page 7 which states that an engineer's study of ground water elevations shall be submitted with the budding permit to consider the sanctuary occupies w round level and the lower level of the pyramid entry. space at 15'6" belo g B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 11n designed by a State of Idaho licensed architect or engineer rs required an 1. A drainage p ~ Eor all new off-street parking shall be submitted to the City Engineer (Ord. 557, 10-1-91) ublication areas. All dr u d n vaccordanoe with DeparU~ nt of En Sronm~ lta]'Quality 1))7nd disposa mustbc design Catalog of Storm Wds and pollicies.gOff--site disposalfion`todsur ~ e waterCis poohibited ~ilinless of Meridian standa the jurisdictionwhichhas authority over the receiving stream provides written authonza ion licant is responsible for filing all necessary prior to development plan approval. The app applications with the Idaho Department of Water Resources regarding Shallow Lnlection Wells. Any drainage areas (detention retention basins) must be desig4 ~~ ° s for alltstormstup ~~ I I percolate or discharge artstorm eventd. of time not to exceed and including a 100-y 2. All signage shall be in accordance with the standards set forth in Section ] 1-14 of the Crty meet Ordinance or as specifically approved. All. signage is subject to Zoning and Develop design review and shall require separate permits. 3 Provide five-Foot-wide pedestrian walkways in accordance with City Ordinance. 4. Parking: All earlnngC 1r1d13 4.D, andrshall be installed and stripedvintacco da cer~ lh the accordance with MC licant is ananted their proposed submitted site plan, ADA and MCC 11-13-4.F. The app ^rodification of parking standards. Q Ian ] 0 days prior to City 5. Landscaping: APPlicant must submit a revised landscapms P Council hearing. 6. Lighting: All exteri hia decd or otherwisettaltered sohthatrtae light does nottspill o~p r lont° lot, shall be downs All arking lot lighting shall be in accordance with adjacent properties or right-of-way. P FINDINGS OF FACT AND CONCLtiSIONS OF LAw AND DECISION AND ORDER GRANTING CONDITLONAL USE pE~pAGE 4 OF 19 Ordinance 11-13-4C. Accessibility: All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. S. Trash _iIl hfencs atlleast rfouir~lFe tin heogld ~n accordancelcwidi}Or linance~ 11101' it Cat obscul g Coordinate location and construction requn-ements with Sanitary Services, nc. 9. Certificateoof Ocoupa c~y for therp oposedvde elospmentbe A1tenpo~ar5'`Cc b{icate~o~f Cert Occupn the amount of 110°/oof thelaosgof the requiredttimprolvetnentsf (inch diof c~ad'I or cast striping, landscaping, and imgahon). A bid must accompany any request foc temporar, occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvemems. 1 p. Watelan.dTheidesignershell fumishthhe Public Works Depart vent ah ew ~t plan slrowiua site p existing and proposed utility mains and service connection. Project designer to coordinate main siannst~ ndalydrforn s of easemelts, four an}Dna nsnthat arepequared to p oveda s C icof Mend A historical analysis of the sanitary sewer & water assessment fees, and latecomers fees will be performed during the building permit process. Fees For the new proposal, as well as any additional assessment and latecomers fees that are determined as a result of the hrooo all Latecomers fees aregfees thatta elcl arged againstiparcels that be~ietfit from t p p mainline extensions that are funded by another party. The fees are a proportions reimbursement of the costs. l 1. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 12 All irrigation ditches, laterals or canals, exchisive ofnatural waterways, intersecting, crossing or lyi ante 12c4-13x1 The dit hes to be piped should be shown oeathe site plansedPlans w ill Ordm need to be approved by the appropriate imgatioi>Idrainage distract, or latera users association, with written confirmation o f s aid a pprova] s ubmitted to t he P ublic W orks Department. l3. Applicant must submit a phasing plan for development of the subject property. 14. A Certificate of Zoning Compliance and a BuildingPennit shall be obtained pnor to the. start of construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION .AND ORDER GRANTING CONDITIONAL USE PEI~PTAGE 5 OF 19 15. 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. cDonstn~cthon of permapen~footingsr orl stn~ctugrete Time te~tai s o ss are allowed'pe the ordinance. 16. The Planning and Zoning Commission recommends that the buildingheights be approved as submitted. l7. to consider thessanct~aryrocc~pied space af~l ~'6~~below ground lweitand thberlo~~er lp~el~ol the pyramid enhy. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That afire-flow as required by the h1temational Fire Code is provided to service the enure project. Fire hydrants shall be placed an average of 350'. ?. Acceptance of the water supply for fire protection will be by the Meridian W ater Depanment. 3. Fina] approval of the fire hydrant Locations shall be by the Meridian Fire Deparhnent, Additionally, internal fire hydrants will be required for the project. 4. All entrances and internal roads shall have a turning radius of 28' inside and 48' outside. 5. Operational fire hydrants and access roads are required before combustible construction begins. 6. No vertical obstructions or mature landscaping which obstructions the outlets of the fire hydrant within 10'. 7. Vertical clearance For driveways shall be 13'6",this may affect tree placement in landscaping areas. 8. Al] fire lanes shall have a clear driving surface which is20' wide available at all times. 9. All points of the New Sanctuary shall be within 200' from all a weather surface capable o f supporting a 70,000 load. D. Adopt the Recommendations of Central District Health Department as follows: 1. No objection provided structure is connected to city services. TINDINGS OF FACT AND CONCLUSIONS OF LAw AND DECISION AND ORDER GRANTING CONDITIONAL USE PER. p~GE 6 OF 19 F. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows: 1. if all storm drainage is retained on-site there will be no impact on l~`ampa ~ Meridian Irrigation District & no further review will be required. 2. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. 3. All laterals and waste ways must be protected. The developer musC comply with kiaho Code 31-3805. p, Adopt the Recommendations of the Ada County Highway District as follows: l . ACHD submitted a letter stating that ACHD does not have any site-specific requirements at this time. 2. If the site plan or use should change in the future, ACHD will review the site plan acid may require improvements to the transportation system at that tame. G. Adopt the action of the City Council taken at their February 17, ?004 meeting as follows: For clarification 1. Since traffic is the biggest concern at the intersection of Hickory and Fairview, staff shall work with ACHD to see whaon a broval of thistapplicagtioli, ittis wpderst od that before intersection. Additionally, up pp any signal can be placed at this intersection the process of design and the- purchasing of right-of--way would need to be in place. 2. Staff shall work with the church, Chief of Police, and surrounding property owners to c~ationslmay~ betissued for llegal vehicro ar clrosso-traffio mov ssthat Dross over sorahlon Fairview. l3. It is found that the subject property is large enouglrto accommodate the proposed addition of the sanctuary and prayer center, and the enclosed plaza. The applicant is proposing to construct additional parking and the total of existing and proposed parking will be S~0 spaces. 14. The current Comprehensive Plan Land Use Map designates the property as "Public/Quasi Public". The proposed church is permitted outright in the IrO district; the applicant FINDLNGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PER>\pAGE 7 OF 19 is required to apply for a CUP because they are proposing to construct more than one bui Iding on a single lat. IC 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 within the staff report are met. The Dumber of parking spaces that will be provided for the new additions shall also provide enough parking for the Prayer Center. 15 It is fotmd 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. The church is pre-existing and the addition of the new buildings will not substantially change the subject property or the intended character of the neighborhood. The proposcd 75' dome-shaped Sanctuary, and the 45' pyramid-shaped Prayer Center, will not be immediately adjacent to residential neighborhoods. 1 ~. [t is not believed that the proposed use will adversely affect other property in the vicinity. The church will have different operating hours than adjoining commercial properties and the proposed over-height buildings will not be immediately adjacent to any residential neighbors. l7. It is found that the proposed development will be adequately served by the essential public facilities and services. The church is pce-existing and is currently served by all essential public facilities and services. Additional sanitary sewer and water service lines and/or mains may need to be extended by the applicant into the project site to accommodate the proposed uses. 18. It is found that the proposed use would not create a need 'for any new facilities oc services to be paid for by the public; the church ispre-existing and is currently served by urban FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT F 8 OF ]9 PAG , SCl'~'1CCS. 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. The church has different peak hours of operation than surrounding commercial uses. The Prayer Center will be in operation 24 hours a day, and staff will need clarification from the applicant on the exact usage of the Prayer Center. The church is pre- existing and the proposed changes will not substantially change the nature of the site. 20- it is found that Che proposed use will not create significant interference with traffic on the surrounding public streets. The church takes access oFf of Hickory Snect, which connects to Fairview Avenue. Cars do not take direct access off of Faitiew. The applicant has not proposed any new curb cuts onto existing streets. 21. It is not found that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. Capital Christian Center was originally approved for a pUD in 1992; there are no mature or significant scenic features on this recently developed site. CONCLUSIONS OF LAW 1, The City o£ Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of ] 975" hereinafter referred to for convenience as the "Act" codified at Chapter G5, Title CZ klaho Code (LC. §67-603). ~ The Meridian City Council may exercise all the powers regrtired and authorized under the "AcP' 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMp~GE 9 OF 19 and Development Ordinance" at Titles Xl and XII, Chapter I, Meridian City Code. 3. 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 application for special use permit to determine prior to granting the same shat 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 al] yards, open spaces, parking, 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 oFthis Ordinance; ~, 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 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 FlND1NGS OF FACT AND CONCLUSIONS OF LA~~' AND DEC1SiON AND Ol2DF.12 NTiNG CONDLTIONAL USE PERMIT GRAt ~ PAGE 10 OF 19 be so designed as not to create interference with traffic on surrotmding public streets; and i. That the proposed use will not result in the destniction, loss or damage o f a natural, scenic or historic feature considered to be of major importance. Prior to granting a conditional use permit in the L-O zone a public bearing 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 consideratto^ 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 1 5 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 be held 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 Cowtcil with. supportive reasons. The Commission shall recommend that the application he 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 5 11-17-6) When the City Council approves a conditional use pern~it it may impose conditions of that approval that reasonably: p. Minimize adverse impact on other development; B. Control the sequence and timing of development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 19 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. The City of Meridian has, by ordinance, established the hnpact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2003, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDFp10NS 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 a'Planned Development in an L-O zone located at 2760 E. Fairview Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Add a paragraph 16 on page 7 which states that the Planning and Zoning Commission recommends that the building heights be approved as submitted. Add a paragraph 17 on page 7 which states that an engineer's study of ground water elevations shall be submitted with the building permit to consider tha sanctuary occupied space at 15'6" below ground level and the lower level of the pyramid entry. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND OIZDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 19 B. Adopt the Recommendations of the Plamiing and Zoning and Engineering staff as follows: l . A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all new off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal mustbe designed in accordance with Department ofEnviromnental 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 thejurisdiction 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 lnjechon Wells. Any drainage areas (detention/retentionhasins) must be designed to ensure Chat water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. 2. All signage shall be in accordance with the standards set forth in Section 1 l -l4 of the City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 3. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance. 4. Parking: All parking and areas of circulation shall be improved with a hard surface in accordance with MCC 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan, ADA and MCC 11-13-4.F. The applicant is granted their proposed modification of parking standards. 5. Landscaping: Applicant must submit a revised landscaping plan 'l0 days prior to City Council hearing. 6_ Lighting: 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 11-13-4C. 7. Accessibility: All constriction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION ANll ORDER GRANTING CONDITIONAL USE PERIYIIT PAGE 13 OF 19 <). Certificate of Occupancy: All required improvements must be complcte prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may beobtained by pt-oviding surety to the City in the form ofa letterofcreditorcashintheamountofl l0%ofthecostofthe required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 10. Water and sanitary sewer service to this proposed project were not shown on the submitted site plan. The designer shall furnish the Public Works Department a new site plan showing existing and proposed utility mains and service connection. Project designer to coordinate main sizing and routing with the Public Worlcs Department. Applicant shall execute City of Meridian standard forms of easements, for anymains that are required to provide service. A historical analysis of the sanitary sewer & water assessment fees, and latecomers fees will be performed during the building permit process. Fees for the new proposal, as well as any additional assessment and latecomers fees that are determined as a result of the historical analysis will be charged with the issuance of a building permit for the current proposal. Latecomers fees are fees Chat are charged against parcels that benefit from mainline extensions Lhat are funded by another party. The fees are a proportional reimbursement of the costs. 11. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 12. All irrigation ditches, laterals or canals, exclusive ofnatural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approvedby the appropriate, irrigation/drainage dish'ict, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 13. Applicant must submit a phasing plan for development of the subject property. 14. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 15. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (] 8) 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PER'VIIT PAGE 1.4 OF 19 16. The Planning and Zoning Commission recommends that the building heights be approved as submitted. 17. An engineer's study of ground water elevations shall be submitted with the building permit to consider the sanctuary occupied space at 15'6" below ground level and the lower level of the pyramid entry. C. Adopt the Recommendations of the Meridian Fire Department as follows: I . ThaC a fire-tlow as required by the hiternational Fire Cade is provided to service the entire project. Fire hydrants shall be placed an average of 350'. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. Additionally, intemal fire hydrants will be required for the project. 4. All entrances and intemal roads shall have a turning radius of 28' inside and 48' outside. 5. Operational fire hydrants and access roads are required before combustible construction begins. 6. No vertical obstructions or mature landscaping which obstructions the outlets of the Cu e hydrant within 10'. 7. Vertical clearance for driveways shall be l3'6", this may affect uee placement in landscaping areas. 8. All fire lanes shall have a clear driving surface which is20' wide available at all times. 9. All points of the New Sanctuary shall be within 200' from all a weather surface capable of supporting a 70,000 load. D. Adopt the Recommendations of Central District Health Department as follows: 1. No objection provided structure is connected to city services. E. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. if all stomp drainage isretained on-site there will be no impact on Nampa & Meridian lrrigation District & no further review will be required. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDIT[ONAL USE PERMIT PAGE 15 OF 19 2. if any surface drainage leaves the site, the Nampa & Meridian hrigation District requires a Land Use Change Application be filed for review prior to final platting. 3. All laterals and waste ways must be protected. The developer must comply ~~%ith Idaho Code 31-3805. F. Adopt the Recommendations of the Ada County Highway District as follows: ACHD submitted a letter stating that ACRD does not have any site-specific requirements at Chis time. 2. If the site plan or use should change in the future, ACHD will review the site plan and may require improvements to the transportation system at that time. G. Adopt the action of the City Council taken at their February 17, 2004 meeting as follows: Por clarification: Since Graff c is the biggest concern at the intersection of Hickory and Fairview, staf I shrill work with ACHD to see whaC can be done to get the signalization placed sooner at this intersection. Additionally, upon approval of this application,it is understood that before any signal can be placed at this intersection the process of design and the purchasing of right-of--way would need to be in place. 2. Staff shall work with the church, Chief of Police, and surrounding property owners to educate them of the correct way to exit from Hickory heading east onto Fairview, and that citations maybe issued for illegal vehicular cross-traffic moves that moss over south on Fairview. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 1 T-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 Clerl< and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public FTNDINGS OF FACT AND CONCLUSIONS OF LAW' AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 16 OF 19 Works Department and any affected party requesting notice. NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project If the completion date specified for the project is exceeded, the conditional use application shall become mill and void. However, the applicant may submit an application for a time extension on Che project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within dais eighteen (I S) 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 year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null a~1d void. (MCC ] 1-17- a.B.j NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS FTNDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORllCR GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 19 The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Cleti< 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 tithe period within which a Petition for Judicial Review maybe filed. 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 witlvn twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. ~"By action of the City Council at its regular meeting held on the 2 ~ day of /v~~-~ , 2004. ROLL CALL: COUNCILMAN SHAUN WARDLE VOTED''" COUNCILMAN BILL NARY VOTED-~y~-' COUNCILMAN CHARLIE ROUNTREE VOTED_~~ COUNCILMAN KEITH BIRD VOTED__~' MAYOR TAMMY de WEERD (TIE BREAKER) VOTED DATED: 3'2 ~D ~ MOTION: APPROV ED:~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW' AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 19 `~~ ~ Attest ,.~~ r F ~ ~ ~~, = SEAL William G. Berg, Jr., Cit Cle k ~, ,S9° -.,'9~ ~r isT . '~,. 9 ~ Copy served upon Applicant, Planning~~q~l~~i;I~g~pe~~a Department and the City Attorney. `~ Bv: .~i~ Dated City Clerl< PL1b11C V'VOYI<S \tpPtitttt~ ~~~~~~ii~~ `~~°~~Cy OF ~fl~~ ~~~~~ ~` (3' rpRpDR9 T '1/ \ Fp 3 2_p~= SEAL Z.~W'url:AM~ eridlanAMeriditn I vGOMvCapit~l Christian Cemer CUP-0} 06J1FI'Cls CUP-03-0Gl.dac - ' cle 1~~eerd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 19 OF 19 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 02/17/04 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED DEVELOP141ENT IN AN L-O ZONE, LOCATED AT 2760 E. FAIRVIEW ROAD, MERIDIAN, IDAHO Case No. CUP-03-064 ORDER GRANTING CONDITIONAL USE PERMIT CAPITAL CHRISTIAN CHURCH, APPLICANT This matter coming before the City Council on February 17, 2004, 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 Counci] takes the following action: That the above named applicant is granted a conditional use permit for a Planned Development in an L-O zone located at 2760 E. Fairview Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Plamring and Zoning Commission as Follows: 1. Add a paragraph 16 on page 7 which states that the Plam~ing and Zoning Commission recommends that the building heights be approved as submitted. 2. Add a paragraph 17 on page 7 which states that an engineer's study of ground water elevations shall be submitted with the building permit to consider the sa~rctuary occupied space at 15'6" below ground level and the lower level of the pyramid entry. ORDER CONDITIONAL USE PERMIT (C GP-03-064) PAGE I OF 7 B. Adopt the Recommendations ofthe Planning and Zoning and Enginccring staff as follows: A drainage plan designed by a State of Idaho licensed architect m engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all new off-street perking areas. All drainage water is to be maintained on-site. Stone water treatment and disposal must be designed in accordance with DepartmentofEnvironmental Quality 1997 publication Catalog of Storm Water Best ManagementPractices for Idaho Cities and Counties and City ofMeridian standards and policies. Off-site disposal into surface water is prohibited unless thejurisdictiontyhich has authority over the receiving stream provides written authorisation 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. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period o'f time not to exceed 24 hours for all storms up to and including a 100-year storm event. 2. All sign<ige shall be in accordance with the standards set forth in Scclion I 1-14 0( the City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 3. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance. 4. Parking: All parking and areas of circulation shall be improved with a hard surface in accordance with MCC 11-I3-4.D, and shall be installed and striped in accordance with the submitted site plan, ADA and MCC 11-13-4.F. The applicant is granted their proposed modification of parking standards. 5. La~adscaping: Applicant must submit a revised landscaping plan 10 days prior to City Council hearing. 6. Lighting: 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 l 1-13-4C. 7. Accessibility: All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 8. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance I 1-12-1 C. ORDER CONDITIONAL tiSE PERMIT (CUP-03-06A) PAGE 2 OF 7 Coordinate location and construction requirements with Sanitary Services, Inc. 9. Certificate of Occupancy: 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 inrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the reyuired improvements. 10. Water and sanitary sewer service to this proposed project were not shown on the submitted site plan. The designer shall furnish the Public Wo~ics Department a new site plan showing existing and proposed utility mains and service connection. Project designer to coordinate main sizing and routing with the Public Worlcs Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. A historical analysis of the sanitary sewer & water assessment fees, and latecomers fees will be performed during the building permit process. Fees for the new proposal, as well as any additional assessment and latecomers fees that are determined as a result of the historical analysis will be charged with the issuance of a building permit for the current proposal. Latecomers fees are fees that are charged against parcels that benefit fi om mainline extensions that are funded by another party. The fees are a proportional rehnbursement of the costs. 1 1. Coordinate fire hydrant placement with the City ofMeridian's Water Worlcs Superintendent. 13. All irrigation ditches, laterals orcanals, exclusiae ofnatural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall he tiled per City Ordinance 12-4-13. The ditches to he piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigationidrainage district, or lateral users association, with written confirmation of said approval submitted to the P ublic W orks Department. 13. Applicant must submit a phasing plan for development of the subject property. 14. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. t5. 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 comro,ence the construction of permanent footings or structures. Time extensions are allowed per the ORDER CONDITIONAL USE PERMIT (CUP-U3-064) PAGE 3 OF 7 ordinance. l 6. The Planning and Zoning Commission rcconunends that the building heights be approved as submitted. 17. An engineer's shady of ground water elevations shall be submitted with the building permit to consider the sanctuary occupied space at 15'6" below ground level and the lower level of the pyramid entry. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That afire-tlow as required by the International Fire Code is provided to service the entire project. Fire hydrants shall be placed an average of 350'. 2: Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department Additionally, internal fire hydrants will be required for the project. 4. All entrances and internal roads shall have a turning radius of 28' inside and 4S' outside. 5. Operational fire hydrants and access roads are required before combustible construction begins. G. No vertical obstructions or mature landscaping which obstructions the outlets of the lire hydrant within 10'. 7. Vertical clearance for driveways shall be I3'6", this may affect tree placement in laodscaping areas. 8. All fire lanes shall have a clear driving surface which is20' wide available at all times. 9. All points of the New Sanctuary shall be within 200' from all a weather surface capable of supporting a 70,000 load. D. Adopt the Recommendations of Central District Health Department as follows: 1. N'o objection provided structure is connected eo city services. E. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. If all storm drainage is retained on-site there will be no impact m1 Nampa & Meridian ORDER CONDITIONAL USE PERMIT (CUP-03-064) PAGE 4 OF 7 Irrigation District & no further review will be required. 2. ]f any surface drainaee leaves the site, the Nampa & Meridian h-rigation District requires a Land Use Change Application be filed for review prior to final platting. 3. All laterals and waste ways must be protected. The developer must comply with Tdaho Code 31-3805. F. Adopt the Recommendations ofthe Ada County Highway District as follows: 1. ACHD submitted n letter stating that ACHD does not have any site-specific requirements at this time. 2. If the site plan or use should change in the future, ACHD will review the site plan and may require improvements to the transportation system at that time. G. AdopC the action of the City Council taken at their February 17, 2004 meeting as follows: For clarification: Since traffic is the biggest concern at the intersection of Hickory and Fairview, staff shall work with ACHD to see what can be done to get [he signalization placed sooner at this intersection. Additionally, upon approval of this application, it is understood that before any signal can be placed at this intersection the process of design and the purchasing of right-of--way would need to be in place. 2. Staff shall work with the church, Chief of Police, and surrounding property owners to educate them of the con~ect way to exit from Hickory heading east onto Fairview, and thal citations may be issued for illegal vehicular cross-traffic moves that cross ovor south on Fairview. 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. 012DER CONDITIONAL USE PERMIT (CUP-03-064) PAGE 5 OF 7 NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION Please take notice thaC the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acduire building permits and commence construction oFpermanent footings or structures on or in the ground. ]n this context 'sh-uchues° shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the projecC is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of die project. For projects requiring platting, the final plat must be recorded within dais eighteen (l8) 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 consh'ucted within successive intervals oFone year fi om the original date of approval by the council. If the successive phases are not submitted within m1e year intervals, the conditional approval of the future phases shall be null acid void. {MCC 1 1-1 7- 4.B.) NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS ORDER CONDITIONAL USE PERMIT (CUP-03-064) PAGE 6 OF 7 The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must he in writing, and must he f led with the City Clerl< 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 Cime period within which a Petition for Judicial Review may be filed. 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 this decision 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. By action of the City Council at its regular meeting held on the /l~G~~CiN-~ 2004. 2~ of Meridian Attest: William G. Berg, .h-., City Copy served upon Applicant, the PlannirCg and Ciry Attorney. City Clerk .~"~'4rFo SEA ~a~`''wrtss. '9 L o~ ,~ a I'~epai-tment, Public W Dated: ~~ ~ ~~ L:AWnrIAM\Nlerldfan~Meridian U3o0Yl',Cupiwl Christian Censer CUROJ-OG4VOrderCUP doe ORDER CO\'DITIONAL USE PER'VIIT (CUP-03-064) PAGE 7 OF 7 day of \~~u~~uniuii,,i '\~y OF MEq~~~~``', •t~' rFO ~ c .SEAL $~ 909~~T tsj •., Qrp .~ ~~. ~~~