Life Church - CUP-11-003CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
E IDIAN~--
IDAHO
In the Matter of Conditional Use Permit for a Place of Religious Worship for Life Church, Located
at 3225 E. Commercial Court in the I-L Zoning District, by Life Church.
Case No(s). CUP-11-003
For the Planning & Zoning Commission Hearing Date of: September 1, 2011 (Findings on
September 15, 2011)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of September 1, 2011, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of September 1, 2011, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of September 1,
2011, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of September 1, 2011, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development
Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan
of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this decision, which shall be
signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk
upon the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-11-003
Page 1
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of September 1, 2011, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City Code § 11-
SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's request for conditional use permit is hereby conditionally approved per the
conditions of approval in the attached staff report for the hearing date of September 1, 2011,
attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City in accord with UDC 11-SB-6F.1.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval, and
acquire building permits and commence construction of permanent footings or structures on or
in the ground. For conditional use permits that also require platting, the final plat must be
signed by the City Engineer within this two (2) year period in accord with UDC 11-SB-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-SB-6.F.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the Commission maybe granted. With all extensions, the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional
use permit entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which maybe adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff report for the hearing date of September 1, 2011.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-11-003
Page 2
B action of the Planning & Zoning Commission at its regular meeting held on the ~~~day of
2011.
COMMISSIONER SCOTT FREEMAN
(Chairman)
COMMISSIONER MICHAEL ROHM
COMMISSIONER TOM O'BRIEN
COMMISSIONER JOE MARSHALL
COMMISSIONER STEVEN YEARSLEY ;
4.!
Scott Freeman,
Attest:
Jaycee Holman, City Clerk
VOTED_~L~~
VOTED
VOTED__~~~t~
VOTED
VOTED ,
/1
Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
n^
Y~-
ity Cler c's ce
Dated: l ~' Y~ ~ ~ I
'` f~
~~ coav° ,~l ,~
U ~d ... Fa '~'
.._.. z
C>> wr ~
O ST j sz ~ ~Q
~~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-i 1-003
Page 3
Exhibit A
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. The Meridian Planning and Zoning
Commission heard this item on September 1.2011. At the public hearing, the_ Commission voted
to approve the subiect CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Wayne Thowless. Neil Jansen
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Kev Issues of Discussion by Commission:
i. None
c. Kev Commission Changes to Staff Recommendation:
i. None
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)
Life Church -CUP-11-003 Page 1
Exhibit A
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
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
VI. 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
Life Church -CUP-11-003 Page 2
Exhibit A
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."
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.
Life Church -CUP-11-003 Page 3
Exhibit A
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).
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
1. 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
Life Church -CUP-11-003 Page 4
Exhibit A
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, ACHD requires the
road section to be completed with curb, gutter and the sidewalk. The applicant should revise the
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.
Life Church -CUP-11-003 Page S
Exhibit A
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.
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-
1 A). 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
Life Church -CUP-11-003 Page 6
Exhibit A
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 ~
Exhibit A
A. Drawings
1. Vicinity Map
Exhibit A Page l
Exhibit A
m1 She Plan-Phasel ---___--
W .,-r..,..:
~r _ rr_r ... _
v ~ ...._.
6 ti.--.-~..~ Wes..
Sb ~
~:~z_. ~E9
~,... t
:.~
••e~ wan.
~ ~i~~ --~
c lea": ._..°
e~ ~rcz:3aw^~-~
a~
w .~
~; «~«
e l`..ar~ -~---~
~~
«;...: _
r. .-. -r..-.
v « .... _-
~~ .~eY
.... ~wa~
~°~'-^ffi M
->a +.r«
M~
r.~i nw~tr~,~ur~~.
tw~is~w ~~ •wo~w
CII~^S.a'Lt~'. ~"
R'C".aC..C'••..~••
Exhibit A Page 2
2. Site Plan (Phase 1 and Phase 2)
Site Plan - Futuro Phasos `•~°0h`'31~
Exhibit A
3. Landscape Plan (Phase 1 and Phase 2)
~~ w
:3.~» ~--rr.--~
M1, w
s~~-'w~""Yw..w.F
~, s~a.b
i~ ~ ~
a'~
... ill
£g 111
_, i E
-~;
~Y:-'
_Y.~ ,,
-T° ..
® ~..,....-..r.
Exhibit A Page 3
Lantlsupe Plan - Pnasc 1
.~ ~~.>.,
Lantlscape Plan - Futuro Phases
Exhibit A
4. Floor Plan (Phase 1 and Phase 2)
Phase 1
~,
,...~ _
;__;.
ova. .~cl , t `/~ ...v
~ ',"1"~
~~ ZI T'.I t a
1 .! '~ y, ~ - T ~ l T ~
~` l r
` , '
r 1 ~ r
L T ~ r ~ ~
h FT J ~ l T - ~] I ~.~.
J ti- ~,m ~
.~. ~
~~~1~.
nm rr-.-rw.»
..« ~..
Phase 2
V,t., , . ,.~ ~
..
~~ ,.
....w
~~ ~. , ,.- a...._
_~ 4 4 ~ -
~.~,
}..,.
.,,~
~..a
f~l Ma WI'-~~1Y11 Amwi
Exhibit A
~=
~t.
....r~N~ a-.M
I~ L
I~• +•M
J
~n
Page 4
Exhibit A
5. Elevations (Phase 1 and Phase 2)
--
Phase 1
Nonh Fls+atkn-Phase t
Sau:h ~evatlon-Phase t
Eect Elevatbn - PMCe 1
Exhibit A Page S
Exhibit A
Phase 2
East Elevatbn -Future Phases
>•.Ts.,
,~~
Exhibit A Page 6
North Elevalbn -Future Phases (All Work Completed h Phase 1~ y, w.n
Exhibit A
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 -
Exhibit A
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-
usepathway 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 -
Exhibit A
7.2 Standard Conditions of Approval
7.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD 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 may be 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 may be 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 -
Exhibit A
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.
The Commission 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.
The Commission 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.
The Commission 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.
The Commission 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 has relied upon 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.
The Commission 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 -
Exhibit A
If approved, the applicant will be financing any improvements required for the proposed use.
The Commission 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.
The Commission 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.
The Commission finds the proposed use will not result in the destruction, loss or damage of
any natural, scenic or historic feature.
Exhibit C - 2 -