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RockHarbor Church Phase 2 CZC, DES, ALT (A-2021-0124) Page 1 DATE: 7/29/2021 TO: Michael Salisbury LKV Architects FROM: Stacy Hersh, Assistant Planner 208-884-5533 SUBJECT: A-2021-0124 RockHarbor Church Phase 2 CZC, DES, ALT LOCATION: 6437 N. Tree Haven Way I. PROJECT DESCRIPTION The applicant, Michael Salisbury, requests Certificate of Zoning Compliance (CZC), Administrative Design Review (DES), and Alternative Compliance (ALT) approval to construct a 41,478 sq. ft. addition to the existing RockHarbor Church building and associated site improvements on 15.51 acres of land in the C-N zoning district. ALTERNATIVE COMPLIANCE REQUEST The applicant is requesting alternative compliance to the standards set forth in UDC 11-3B-9 (Landscape buffers to adjoining uses), the landscape buffer is required in the C-N zoning district on any parcel sharing a contiguous lot line with a residential land use. Early in the RockHarbor Church design and platting process, it was the project design teams’ intent that the new property line between RockHarbor Church and the proposed residential development to the north be located five feet north of the 40-foot wide Harrell Lateral easement to permit the required plantings within the 20-foot property line landscape buffer to be located outside of the irrigation easement. Unfortunately, the civil drawings incorrectly depicted the alignment of the Harrell Lateral easement farther south than its actual location. The correct location of the easement actually straddles the church’s northern property line and extends 5-feet into the residential development to the north. The previously designed/approved landscape buffer plant material is located within the easement; Settlers Irrigation District policy does not allow trees to be planted within the easements. To rectify the condition, the Applicant has revised the north property line landscape design as shown in Exhibit C. The Applicant is proposing to increase the amount of shrubbery adjacent to the north property line, as approved by Settlers Irrigation District, and relocate the required number of trees to the south and west of the Service/Fire Lane. The proposed tree locations were selected to provide screening of the church facility while avoiding possible conflicts with underground utilities, storm drainage CERTIFICATE OF ZONING COMPLIANCE REPORT COMMUNITY DEVELOPMENT DEPARTMENT Page 2 facilities, and the area slated for Phase 2 construction as shown in Exhibit C. Therefore, Staff finds the Applicant’s Alternative Compliance provides an equal or superior means of meeting the intent and purpose of the requirement as analyzed below in the required findings for Alternative Compliance: 1. Strict adherence or application of the requirements are not feasible; or Strict adherence to the UDC requirement for trees to be planted in the required landscape buffers is not feasible due to the existence of the Settlers Irrigation District easement that encompasses the full width of the northern landscape buffer; Settlers Irrigation District explicitly forbids trees within these easements. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the applicant’s proposed alternative compliance provides an equal means of compliance with this requirement. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The alternative means provided by the Applicant is not detrimental to the public welfare of the subject property or to those surrounding properties. II. DECISION The applicant's request for Certificate of Zoning Compliance, Design Review, and Alternative Compliance are approved with the conditions listed in this report. Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete that process before you commence the use or construction. Please contact Building Services for additional details about building permits and inspections. Site Specific Conditions of Approval 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 2. Business hours of operation within the C-N zoning district shall be limited from 6 am to 10 pm as set forth in UDC 11-2B-3A4. 3. Per UDC 11-5B-5B2, the Director (at the applicant's request) approved alternative compliance regarding landscape buffers to adjoining uses, UDC 11-3B-9. 4. All ground-level mechanical equipment must be screened to the height of the unit as viewed from the property line; all rooftop mechanical equipment must be screened as viewed from the farthest edge of the adjoining right-of-way. 5. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 6. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 7. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. Page 3 8. The site plan prepared by LKV Architects on June 25, 2021, labeled SD-1.0, and SD-1.1, are approved by the City of Meridian Planning Division as shown in Exhibit A. 9. The landscape plan prepared by Breckon Landscaping on June 25, 2021 and March 8, 2021, labeled L1.0, L2.0, L3.0, L1.3, and L1.4, are approved by the City of Meridian Planning Division as shown in Exhibit B. 10. The elevations prepared by LKV Architects on June 25, 2021, labeled A-5.1, A-5.2 and A-5.3, are approved by the City of Meridian Planning Division as shown in Exhibit C. 11. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 12. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 13. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Division for approval prior to issuance of the building permit. 14. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 15. The area along the northern fire lane shall be marked "No Parking Fire Lane" per the 2018 IFC on the plans submitted with the building permit application. 16. If the sewer line will be a private service onsite then a manhole is required at the property boundary separating the private and public sewer; However, if the public sewer main is going to be extended onto the site then an easement is required ensuring no permanent structures (trees, bushes, buildings, carports, trash receptacle walls, fences, infiltration trenches, light poles, etc.) are built within the utility easement. 17. The City of Meridian requires that the owner enter into a Warranty Surety Agreement and post a Warranty Surety in the amount of 20% of the total construction cost for all completed public sewer and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond, and must be in place prior to Certificate of Occupancy. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Services for more information at 208-887-2211. General Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (H-2017-0018, DA #2017-089735; H-2017-0131; A-2017- 0218). 3. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 4. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 5. The applicant shall have an ongoing obligation to maintain all pathways. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. Page 4 7. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 8. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for a church or place of religious worship as set forth in UDC 11-4-3-6. III. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division on or before August 13, 2021, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11-5A-6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. IV. EXPIRATION The Certificate of Zoning Compliance shall expire if the construction, alteration or the use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until July 29, 2022. Page 5 V. EXHIBITS A. Site Plan (date: 6/25/2021) Page 6 B. Landscape Plan (date: 6/25/2021) Page 7 Page 8 Page 9 C. Building Elevations (date: 6/25/2021) Page 10