Loading...
Staff ReportSTAFF REPORT HEARING DATE: September 6, 2012 E IDIAI`~T TO: Planning & Zoning Commission I D A H O FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: RZ-12-002 -Central Valley Baptist Church I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Alan Baker, has applied to rezone (RZ) 15.65 acres of land from the L-O (Limited Office District) zoning district to the C-C (Community Business District) zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed rezone based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval of File Number RZ- 12-002 as presented in the staff report .for the hearing date of September 6, 2012, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial of File Number RZ- 12-002 as presented during the hearing on September 6, 2012, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number RZ-12-002 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: 600 N. Ten Mile Road -Parcel # S 1211325850 Located in the northeast'/a of the northwest'/4 of Section 4, Township 3 North, Range 1 East B. Applicant Alan Baker 2287 W. Whitelaw Drive Meridian, ID 83642 C. Owner: Central Valley Baptist Church 600 N. Ten Mile Road Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. Central Valley Baptist Church RZ-12-002 PAGE 1 V. PROCESS FACTS A. The subject application is for a rezone request. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 20, and September 3, 2012 (Commission); C. Radius notices mailed to properties within 300 feet on: August 17, 2012 (Commission); D. Applicant posted notice on site by: August 24, 2012 (Commission); VI. LAND USE A. Existing Land Use(s): The subject property is developed with an existing church. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Residential subdivision and convenience store, zoned R-15 and C-C South: Railroad tracks and agricultural land, zoned RUT in Ada County East: Vacant residential land, zoned R-15 West: County residences, zoned RUT in Ada County C. History of Previous Actions: • The property was annexed in 2003 with the L-O designation (AZ-03-001). A development agreement was not required with the annexation of the property. • In 2003, a certificate of zoning compliance (CZC-03-052) was approved for the construction of a 23,000 square foot church. D. Utilities: 1. Public Works: a. Location of sewer: Site is currently served from mains in W Treva Drive. b. Location of water: Site is currently served from mains in W Treva Drive. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Ten Mile Drain transverses the eastern boundary. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within the flood plain or floodway. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use-Community" (MU-C) on the Comprehensive Plan Future Land Use Map. The applicant is proposing to rezone the property C-C (Community Business District), which is consistent with the MU-C land use designation. The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated. The Comprehensive plan also encourages a mix of three land use types. The church property is part of larger mixed-use community designation in the area. Other uses developed in close proximity of the church property include a convenience store and fuel facility, multi-family development and future single family development. There is also vacant commercial property north of the convenience store that may develop with additional community-serving uses. Since the area has developed with a diverse mix of uses and the C-C zone is Central Valley Baptist Church RZ-12-002 PAGE 2 appropriate, Staff is of the opinion the proposed rezone for a church generally complies with the intent of the Comprehensive Plan for the existing and future land use of this property. VIII. UNIFIED DEVELOPMENT CODE A. Schedule of Use: Unified Development Code (UDC) Table 11-2B-21ists the principal permitted, accessory, conditional, and prohibited uses in the C-C zoning district. The existing church is a principally permitted use in the proposed C-C zone. B. Dimensional Standards: After rezone ordinance approval, the dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district apply to this site. IX. ANALYSIS REZONE ANALYSIS: The applicant requests approval to rezone 15.65 acres of land from the L-O zone to the C-C zone. The rezone is desired to increase the allowable area for a freestanding sign. In the L-O zone freestanding signs are limited to eight (8) feet in height with fifty (50) square feet of background area. Under the C-C zone, the allowed sign area increases to fifteen (15) feet in height with seventy (70) square feet of background area. Since the applicant only wishes to rezone the property for the increased sign area, a site plan, landscape plan and elevations have not been submitted with this application. No other changes are proposed to the site or building at this time. For informational purposes, staff has attached the approved site plan and landscape plan reviewed with the certificate of zoning compliance application in 2003 (see Exhibit A.2). Typically, the City requires the execution of a development agreement (DA) with annexation or rezone requests. At the time of annexation, the City did not require the execution of a development agreement because the site was to develop with a church. Thus, Staff is not recommending a development agreement with the subject rezone request based on the following: 1) The site is developed with an existing church (consistent with the ordinances in effect at the time of development) and staff does not foresee the use of the property changing; 2) The existing church use is a principally permitted use in the proposed C-C zone. Any future expansion of the church/site will require the approval of a certificate of zoning compliance and administrative design review applications and; 3) Although the rezone boundary totals 15.65 acres, the total developable area is 9.58 acres. Approximately half of the site is currently developed; the remaining undeveloped area is slated for future expansion of the church facility. Any future development must comply with all City ordinances in effect at the time of development. Based on the analysis above, staff finds rezoning this property to the C-C zone is consistent with both the mixed-use designation of the plan and the Unified Development Code. Therefore, staff recommends approval of the rezone request. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map & Aerial Map 2. Approved Site Plan and Landscape Plan B. Agency Comments 1. Planning Department Central Valley Baptist Church RZ-12-002 PAGE 3 2. Public Works Department 3. Fire Department 4. Police Department 5. Republic Services 6. Ada County Highway District 7. Parks Department C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Central Valley Baptist Church RZ-12-002 PAGE 4 Exhibit A.1:Vicinity/Zoning Map & Aerial Map ~~,~ 1155 k - J.. L ~~ ,~ _ f~ -/ ~~ ~ ~T r ~ r ~] , 4I` ~m 1 g ~~ ~ R-15 ,.., \\ ~'`„ ~~ ` - C~ ~ ax ~~ O W r _~ ~~ ~- ~ ....... i 4 r 3515 ~ i ~~ __._C C ns __~ 3401 RUT I ___~ RS_2539 Rs_z4s3 7so Ac--' \ I l.. W -rre3a RI \ I I RS_4435 600 ' - L RS 5738 v m N K-15~ \,i 1-1) 5 ~ `n ,o -~ ~~~~o ~, ~C!i~l~l~il~~~~\ ____ L-O _---._ - _.. (G 355 i RU7. ._....-_. _... ... _.__~._- ......._._. ._,._. _~. 2954 \ 175 3soo C-N 2770 RS_6883 I-L ~' ~,~ Exhibit A PAGE 1 Exhibit A.2: Approved Site Plan and Landscape Plan Exhibit A PAGE 2 ® SITE PLAN Exhibit B: Agency Comments 1. PLANNING DEPARTMENT 1.1 General 1. l .1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.1.2 The applicant shall comply with all ordinances in effect at the time of development. 1.1.3 Staff s failure to cite any specific ordinance provisions does not relieve the applicant of responsibility for compliance. The applicant shall comply with all prior conditions of approval for this site associated with the annexation and certificate of zoning compliance (file #'s AZ-03-001 and CZC-03-052). 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns related to this application. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comments related to this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comments related to this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 AC1=ID has no site specific conditions related to this application. 7. PARKS DEPARTMENT 7.1 The Parks Department has no comments related to this application. Exhibit B PAGE 1 C. Legal Description and Exhibit Map LLGAL nESCRIP'TIUN FOR REZONE FROM I.O TO CC A parcel of loixl located in the Southwest i/4 of Section 11, Township 3 North, Range West, Boise Meridian, Ada County, Idaho. Being ftttthcr de$crlbed as follows: BASiS O>Ir BEARINGS: The West lure of file Southwest 114 of Section 1 t, `I'own$hip 3 North, Range 1 West, BaIse Meridian, derived from the Southwest Section Corncx and the West 114 co:~rter anti taken a$ North 00°52'39" East. COMIMFNCING at the Southwest corner of Section 11, Township 3 North, Range I West, Boise Meridian; tticnce along the West tine of the Southwest N4 of said Section i 1, North 00°52'39" East a cii$tartce of 1546.85 feet to the Southctly right-ot=-way of the Oregon Shortline Railread also being tlsc POINT Ol? BEGINNING; thence continuing along said West line, North ~°52'39" East a distance of511.01 feet; thence Icavirrg said Weat line, South 89°! 0'4S" East a di$tance of 1,232.32 feet to the centerline of ilia Ten Mlle Sttrb Drain; thcatce along said centetllr~e ilia foi'towirtg three(3) courses: South 41 ° 18'45" EASt a diatanca of 255.25 feet; South 20°45'45" East a distar~e of 98.82 feet; South 02°56't S" West a distatxe of 47.60 feet to the No:~tcrly right-or way of the Oregan Shortline Railroad; thence slang $aid right-of: way, North 88°28'20" Weft a distarrco of 209.96 fcet; titettce leaving said Northerly right»of-way, .Sot~h 00°3G46" Wcst a distance of 200.03 feet to the Southerly rlgtu-of-wayofthe Oregon Shortline Ralrorid; thence along said Southerly right-of--way, North 88°28'20" West a distance of 1,229.53 feat to the POINT OF BEGINNING. Said Parcel containing 681,671 square foot or 13.65 acres, more or kss. ENb OI+' nFSCRIPTION :Russell Badgley, PI..4 12458 Tirnberliitc Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 465-5687 RE ~PPRQVAL BY _..------------ su~ 1 z ~0~2 MERIDIAN PUBLIC WpRKS DEPT. Exhibit C PAGE 1 ~~ ~ i i i I ~~ I i 1 1 _ _ 3~6£xS.tkM! 0 Y .w _ ~ it"111V M~Tl 'N _ ~9®'~M~ ~.!lEx9.00N r I ~~ !~ i I F+~~M •r •~ ---~• ._. H ~ U O ~ «-~ O ~ ~~ ~ ® ~ z w ~, U 7 ~ '^' m ~ ~ ~ ~ i a o ,. .- ~ ¢ ~ ~O t~G Exhibit C PAGE 2 D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to rezone the subject property from the L-O zone to the C-C zone. Since the church is developed in conjunction with other commercial and residential uses in the area, Staff finds that the proposed map amendment is consistent with the MLT-C land use designation for this site (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The existing church use of this property is a principally permitted use in the requested zoning district; thus Staff finds the proposed rezone is generally consistent with the purpose statement of the Community Business District. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City services were extended with the annexation of the property in 2003. Staff recommends that the Commission and Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (LTDC 11-SB-3.E). Staff finds rezoning this property with the C-C zone is in the best interest of the City. The existing church use will remain a principally permitted use in the proposed C-C zone. Any future expansion of the church/site will require the approval of a certificate of zoning compliance and administrative design review applications. Exhibit D PAGE 1 STAFF REPORT Hearing Date: TO: FROM: SUBJECT: September 6, 2012 Planning & Zoning Commission Bill Parsons, Associate City Planner 208-884-5533 E IDIAI~J~--- IDANO CUP-12-007- Idaho Central Credit Union I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, ICCU, has applied for a conditional use permit (CUP) for adrive-through establishment in a C-G zoning district within 300 feet of another drive through establishment in accord with UDC 11-4-3-11. II. SUMMARY RECOMMENDATION Staff recommends approval of the application subject to the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP-12- 007 as presented in the staff report for the hearing date of September 6, 2012, with the following modifications: (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 20, 2012. Denial After considering all staff, applicant and public testimony, I move to deny CUP-12-007 as presented during the hearing on September 6, 2012, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number CUP-12-007 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located near the southeast corner of E. Ustick Road and N. Eagle Road, in the northwest '/4 of the northwest '/4 of Section 04, Township 3 North, Range 1 East. Parcels: 88048320100 and 88048320090 B. Owner(s): Prem Reddy 16850 Bear Valley Road Victorville, CA 92392 Idaho Central Credit Union -CUP-12-007 PAGE 1 C. Applicant: Idaho Central Credit Union 4400 Central Way Chubbuck, ID 83202 D. Representative: Mike Thomas, LCA Architects, 345-6677 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 20, and September 3, 2012 C. Radius notices mailed to properties within 300 feet on: August 17, 2012 D. Applicant posted notice on site by: August 27, 2012 VI. LAND USE A. Existing Land Use(s) and Zoning: This site is currently vacant and lies within a C-G (General Retail and Service Commercial) zoning district. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Developed commercial property, zoned C-G 2. East: Vacant commercial property, zoned C-G 3. South: Developed commercial property, zoned C-G 4. West: Developed commercial property, zoned C-G C. History of Previous Actions: • In 2003, the property was annexed (AZ-03-018) into the City with a C-G zone as part of the Kissler annexation. A development agreement (DA) was required upon annexation of the property recorded as instrument # 104107406. In 2007, a development agreement modification (MI-07-008) was approved that removed the subject property from the original DA. The subject property is governed by an amended DA recorded as instrument #108080951. • In 2006, a preliminary plat (PP-06-002) for Gateway Marketplace Subdivision was approved by the Meridian City Council. The preliminary plat consisted of 18 commercial lots on 22.85 acres. • In 2007, a City Council approved the Southeast Corner Marketplace Subdivision No. 2 final plat (FP-07-020). The final plat consists of sixteen (16) commercial lots on 17.34 acres. D. Utilities: 1. Public Works: a. Location of sewer: N/A Idaho Central Credit Union -CUP-12-007 PAGE 2 b. Location of water: N/A c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property is not within the floodplain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use-Regional" (MU-R) on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to provide a mix of employment, retail and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential to avoid predominantly single use developments. The original Southeast Corner Marketplace development was reviewed under different mixed use guidelines, thus a residential component was not incorporated into the overall concept for the development. In recent years the Southeast Corner Marketplace development has developed with a mix of commercial uses (Norco, Rosauers, several restaurants and several multi-tenant buildings). The approved concept plan depicted a future pad site for a financial institution. Because the proposed use is consistent with approved concept plan and is an acceptable use in the C-G zone, staff is of the opinion the proposed bank is consistent with the MU-R land use designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • "Implement design criteria to set quality standards City-wide." (Chapter 2, pg. 13) The proposed development is required to obtain administrative design review approval. The design manual encourages the use of high quality materials in the building design. The submitted building materials include glass, composite metal siding and brick veneer. Staff is of the opinion that the proposed building materials convey the appearance of high quality materials. • "Require all commercial and industrial businesses to install and maintain landscaping." (Chapter 2, page 14) The subject property is located along an entryway corridor. The 35 foot wide landscape buffer is constructed along E. Ustick Road consistent with the requirements set forth in UDC- 11-3B-7C. With development of the site the applicant is required to install landscaping consistent with the standards outlined in UDC 11-3B-8C. The submitted site/landscape plan complies with the requirements of the UDC. • "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, page 45) Water and sewer service is available to the subject property. However, the existing water and sewer easement needs to be vacated and re-established in order to accommodate the development of the site. A vacation application is in process to establish the new easement. Services will be relocated with the construction of the bank. • "Plan for a variety of commercial and retail opportunities within the Area of City Impact." (Chapter 3, page 51) Idaho Central Credit Union -CUP-12-007 PAGE 3 Although other banks exist in the area, this site is lacking this use. Since the concept plan depicts the bank site, staff is of the opinion this use was planned during the platting to serve the community needs. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the C-G zoning district. The proposed financial institution is listed as a principal permitted use in the C-G district; however, the associated drive through requires conditional use approval if it lies within 300' of another drive through establishment, residential district, or existing residences which it does. There is specific use standards for drive through establishments listed in UDC 11-4-3-11. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to this site. D. Landscaping Standards (UDC 11-3B): 1. Width of street buffer(s): 35 feet along E. Ustick Road 2. Width of buffer(s) between land uses: NA 3. Percentage of site as open space: NA 4. Tree Preservation: NA E. Off-Street Parking: UDC 11-3C-6B requires one off-street vehicle parking space for every 500 square feet of gross floor area in commercial districts. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant proposes to construct a 5,325 square foot bank with an associated drive-through on two (2) platted commercial lots (1.02 acres) within Southeast Corner Marketplace Subdivision No. 2. All access points to this site and cross access were addressed with the review of the subdivision. The CUP is required because the proposed drive-through is within 300 feet of another drive-through (McDonalds located to the west). The applicant has submitted a combined site/landscape plan and elevations for the proposed building. The proposed site/landscape plan depicts the site layout and required landscaping. The submitted plan complies with the drive-through specific use standards set forth in UDC 11-4-3- 11, the landscape requirements set forth in UDC 11-3B-8C and the parking standards set forth in UDC 11-3C-6. Thus, staff has not recommended changes to the submitted plan. The building design includes a mix of fenestration, brick veneer, two types of metal paneling used as accent materials and metal awnings. Staff is of the opinion the proposed design complements other buildings developed within the complex. With a future CZC application, elevations must be submitted that substantially comply with proposed elevations. Because the proposed building location spans across an existing water/sewer easement, the applicant must vacate the easement. The vacation application is scheduled for hearing and will be Idaho Central Credit Union -CUP-12-007 PAGE 4 heard after Commission's action on the conditional use permit. The applicant plans on relocating the services during the construction of the bank. Staff has agreed to issue a building permit so the relocation can happen with construction. However, final occupancy for the building will not occur until a new water and sewer easement is recorded and accepted by the Public Works Department. Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Site/Landscape Plan (date: 8/1/12) 3. Proposed Building Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code Idaho Central Credit Union -CUP-12-007 PAGE 5 Exhibit A.1: Vicinity Map ~~ ,x, ! ~ y a ~ - ~ , k t~ ~ ~ ~ ~ ~ - ' ' ~ , ~. _ v 4.D" ~ ~ E Ustick Rd ._' '` . , M °., 325;1 ,y^t' ? H t S 3375 ` T ~r ~ i `T7i3~ a ', d 39 6 * $ ',~ ~+~ X ~ ~' y"~ u ' t 1~oz ~ - _. f ., K ~ ~ ~. ~~. , ~~ fri , ~ raza 2 ~ ~ ~.... 2803 1 ~ 1 ~ ~ 882 ~ ~ ~.i~ E 4 ~) , 28 ~ _ s A 1 ~ 1y~ J _ 0 r r r r r r r w~ 6~ ~ru ~ t1~ !I + ~ ~5 ,,, ~, ~ ~^ r dx ., ,~~. E Tecate Ln k t e - f. ~ ~,+~ ", A ~ ~ I _- p "i V ]5 IJ .µ ,~£(:v~, r Z ^,rT !~ E ModeloLn C ul ~ m s a' m ~ 7,, - ` * j~f 35C7 4 I Z ~} A ~ . 1 ~ l ~ ! r ~ , `"~ -' 2575 ~•6 .~~~ `tK' a~ 1 -_ 1751 `. ~' ~ w . Exhibit A Exhibit A.2: Site/Landscape Plan (date: 8/1/12) Exhibit A - 2 - Exhibit A.3: Building Elevations Exhibit A - 3 - B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant is to meet all terms of the approved annexation (AZ-03-013), development agreement (instrument #108080951), preliminary plat (PP-06-002) and final plat (FP-07-020) for this development. 1.2 The site/landscape plan prepared by LCA Architects, dated 8/1/12 is approved as submitted. 1.3 The applicant shall comply with the structure and site design standards in accord with UDC 11- 3A-19. 1.4 The applicant shall comply with the specific use standards listed in UDC 11-4-3-11 for the drive- through establishment. 1.5 Prior to establishment of the proposed use, the applicant shall be required to submit a Certificate of Zoning Compliance and Design Review application to the Planning Department for this site. 1.6 No signs are approved with this application. The applicant shall submit a sign permit application in accord with the standards listed in UDC 11-3D for approval of any future signs on this site. 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 this time period, a time extension shall be requested in accord with UDC 11-SB-6F prior to expiration. If a time extension is not requested or granted and the CUP expires, a new conditional use permit must be obtained prior to operation. 1.8 The applicant shall comply with the self-service uses in accord with UDC 11-3A-16. 1.9 The design of the building shall substantially comply with the submitted rendering attached in Exhibit A.3. 1.10 Final occupancy for the building will not occur until a new water and sewer easement is recorded and accepted by the Public Works Department. 1.11 Staff s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 2. PUBLIC WORKS DEPARTMENT 2.1 No Comments. 3. FIRE DEPARTMENT 3.1 The Fire Department has no concerns related to the site design submitted with the application. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. REPUBLIC SERVICES 5.1 The applicant shall submit a scaled site plan stamped approved by SSC verifying compliance with SSC's requirements with the CZC application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments on this application. Exhibit B - 1 - 7. ADA COUNTY HIGHWAY DISTRICT 7.1 ACRD has no site specific conditions related to this application. All other standards conditions of approval apply. Exhibit B - 2 - C. Required Findings from Unified Development Code 1. Conditional Use Permit (LTDC 11-SB-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the C-G district (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the proposed use is consistent with the Comprehensive Plan future land use map designation of MU-R for this site. Further, staff finds the proposed use of the site is consistent with the requirements in the UDC. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed bank with drive-through should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission should consider any public testimony provided to determine if the development will adversely affect the 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, and sewer. Staff finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACHD. Based on comments from other agencies and departments, Staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. Exhibit C - 1 - 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. If approved, the applicant will be financing any improvements required for development. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Staff recognizes that traffic will increase with the approval of adrive-through in this location; however, Staff does not believe that the amount generated will be detrimental to the general welfare of the public since the Comprehensive Plan anticipated the site to be developed with commercial uses. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed use will not be detrimental to people, property or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to the Commission's attention. Staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Exhibit C - 2 - Item #4D: Central Valley Baptist Church (RZ-12-002) Application(s): - Rezone Size of property, existing zoning, and location: This site consists of 9.58 acres, is currently zoned L-0, and is located at 600 N. Ten Mile Road. Adjacent Land Use & Zoning: North: Residential subdivision and convenience store, zoned R-15 and C-C South: Railroad tracks and agricultural land, zoned RUT in Ada County East: Vacant residential land, zoned R-15 West: County residences, zoned RUT in Ada County History: The property was annexed in 2003 with the L-0 designation (AZ-03-001). A development agreement was not required with the annexation of the property. In 2003, a certificate of zoning compliance (CZC-03-052) was approved for the construction of a 23,000 square foot church. Summary of Request: The applicant requests approval to rezone 15.65 acres of land from the L-0 zone to the C-C zone. The rezone is desired to increase the allowable area for a freestanding sign. Since the applicant only wishes to rezone the property for the increased sign area, a site plan, landscape plan and elevations have not been submitted with this application. No other changes are proposed to the site or building at this time. At the time of annexation, the City did not require the execution of a development agreement because the site was to develop with a church. Thus, Staff is not recommending a development agreement with the subject rezone request based on the following: The site is developed with an existing church (consistent with the ordinances in effect at the time of development) and staff does not foresee the use of the property changing; • The existing church use is a principally permitted use in the proposed C-C zone. Any future expansion of the church/site will require the approval of a certificate of zoning compliance and administrative design review applications and; • The rezone boundary totals 15.65 acres but the total developable area is 9.58 acres. A portion of the site is currently developed; the remaining undeveloped area is slated for future expansion of the church facility. Any future development must comply with all City ordinances in effect at the time of development. Compliance with the Comprehensive Plan: Yes Compliance with the UDC: Yes Written Testimony: None Staff Recommendation: Approval Notes: