Cole Valley Christian School Auxiliary Field CUP-13-013CITY OF MERIDIAN E IDIAN~--
FINDINGS OF FACT, CONCLUSIONS OF LAW ~
AND IDAHO
DECISION & ORDER
In the Matter of the Request for Conditional Use Permit for an Auxiliary Field in an R-15 Zoning
District for Cole Valley Christian School, Located at the Northeast Corner of NE 2/2 Street and E.
Carlton Avenue, by Cole Valley Christian School.
Case No(s). CUP-13-013
For the Planning & Zoning Commission Hearing Date of: November 21, 2013 (Findings on
December 5, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 21, 2013, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 21, 2013, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of November 21,
2013, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of November 21, 2013, 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-13-013
Page 1
upon the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of November 21, 2013, 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 November 21, 2013,
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 may be 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 may be 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 November 21, 2013
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-13-013
Page 2
EXHIBIT A
STAFF REPORT
Hearing Date:
TO:
FROM:
November 21, 2013
Planning & Zoning Commission
E IDIAN~--
10AH0
SUBJECT:
Sonya Wafters, Associate City Planner
208-884-5533
CUP-13-013 -Cole Valley Christian School Auxiliary Field
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Cole Valley Christian School, has applied for a conditional use permit (CUP) in the R-
15 zoning district to expand the existing private education institution use to include an auxiliary field.
See Section IXAnalysis for more information.
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 of the Staff Report.
The Meridian Planning and ZOn1nE Commission heard this item on November 21, 2013. At the
public hearing, the Commission moved to approve the subiect CUP request.
a. Summary of Commission Public Hearin:
i. In favor: Matt BeElinger
ii. In opposition: None
iii. Commenting: John Mascroft
iv. Written testimony: Matt Beglin~er
v. Staff presentinE application: Sonya Wafters
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. Parlcin~ impact associated with the proposed use.
c. Key Commission Changes to Staff Recommendation:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-13-
013 as presented in the staff report for the hearing date of November 21, 2013, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-13-013
as presented during the hearing on November 21, 2013, for the following reasons: (You should state
specific reasons for denial and what the applicant could do to gain your approval with another
application.)
Continuance
I move to continue File Number CUP-13-013 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
Cole Valley Christian School Auxiliary Field CUP-13-013 PAGE 1
By action o the Planning & Zoning Commission at its regular meeting held on the ~~ day of
~ .h~l ~~ , 2013.
COMMISSIONER STEVEN YEARSLEY, CHAIRMAN
COMMISSIONER JOE MARSHALL, VICE CHAIRMAN
COMMISSIONER MICHAEL ROHM
COMMISSIONER SCOTT FREEMAN
COMMISSIONER MACY MILLER
VOTED__~ c~
VOTED_ L~~/ ~
VOTED~~
VOTED_ I~ i~
VOTED J s'~-~ ~t
Steven Yearsley, Chairma
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Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney.
City Clerk's Office
Dated: ~ ~ ~~ J~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-13-013
Page 3
EXHIBIT A
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The subject property is located on the northeast corner of NE 2 'h Street and E. Carlton Avenue at
1108 NE 2'/s Street, in the SW'/4 of Section 7, Township 3 North, Range 1 East
B. Owner(s):
Cleora McFadden
P.O. Box 7488
Boise, ID 83707
C. Applicant:
Cole Valley Christian School
200 E. Carlton Avenue
Meridian, ID 83642
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: November 4, and 18, 2013
C. Radius notices mailed to properties within 300 feet on: October 24, 2013
D. Applicant posted notice on site by: November 11, 2013
VI. LAND USE
A. Existing Land Use(s) and Zoning: There is an existing abandoned home and associated
outbuildings on the subject property, which is zoned R-15.
B. Adjacent Land Use and Zoning:
North: Residential properties, zoned R-15
South: Residential properties, zoned R-15 & O-T
East: Residential properties, zoned R-8
West: Private education institution (Cole Valley Christian School), zoned L-O and a church,
zoned R-15
C. History of Previous Actions: Previous approvals pertaining to the existing school site on the
adjacent property to the west across NE 2 'h Street are as follows:
• In 2002, a conditional use permit (CUP-02-015) was approved for a private education
institution for Cole Valley Christian School in an L-O zoning district.
• In 2005, a conditional use permit (CUP-OS-021) was approved for the addition of a
gymnasium and common area to the junior/senior high school.
• A variance (VAR-OS-007) to the parking requirements listed in MCC 11-13-5 was approved
in 2005.
Cole Valley Christian School Auxiliary Field CUP-13-013 PAGE 2
EXHIBIT A
D. Utilities:
1. Public Works:
a. Location of sewer: NA
b. Location of water: NA
c. Issues or concerns: None
E. Physical Features:
Canals/Ditches Irrigation: There are no canals or ditches that cross this site.
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This site is not within a flood plain.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated Old Town on the Future Land Use Map (FLUM) contained in the
Comprehensive Plan. The Old Town designation includes the historic downtown and the true
community center. The boundary of the Old Town district predominately follows Meridian's historic
plat boundaries. Sample uses include offices, retail and lodging, theatres, restaurants, and service
retail for surrounding residents and visitors. A variety of residential uses area also envisioned.
The proposed use of the site is an extension of the existing private education institution use to the
west of the site across NE 2 '/z Street, which required CUP approval in the R-15 zoning district.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• "Support construction of multi-use facilities that can be used by both schools and the
community." (3.02.01 C)
The proposed auxiliary field will serve the needs of the school and may also be available for
use by the community.
• "Ensure compatibility of schools with neighborhoods and adjacent land uses." (3.02.O1J)
To ensure compatibility of the auxiliary field with the adjacent residential neighbors, staff
recommends outdoor field lighting and speaker systems be prohibited on the site.
• "Develop indoor/outdoor multiple-use facilities (i.e. recreation center, fairgrounds, etc.) for a
variety of recreational, educational, cultural, and sports purposes and uses." (6.01.02D)
The proposed auxiliary field will provide an outdoor facility for a variety of recreational and
educational purposes associated with the school and may also be available for use by the
community.
• "Develop and offer youth opportunities at and after school." (6.04.O1A)
The proposed auxiliary field will provide a place on school property for various classes,
athletic activities, football practice, non-varsity football games, etc. during and after school.
For the above-stated reasons, staff is of the opinion the proposed use is consistent with the applicable
comprehensive plan policies noted above and is appropriate in this location.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of
housing opportunities consistent with the Meridian comprehensive plan. Residential districts are
Cole Valley Christian School Auxiliary Field CUP-13-013 PAGE 3
EXHIBIT A
distinguished by the allowable density of dwelling units per acre and corresponding housing types
that can be accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted,
accessory, conditional, and prohibited uses in the R-15 zoning district.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-7 for the R-15
zoning district apply to development of this site.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Conditional Use Permit (CUP): A CUP is requested to expand the existing private education
institution use to include an auxiliary field on the adjacent property to the east. The existing
school property is zoned L-O and the property proposed to be used as an auxiliary field is zoned
R-15. A conditional use permit is required to expand the existing use in the R-15 zoning district.
The auxiliary field is proposed to provide green space for science, physical education (P.E.) and
general instruction; community space for advisory classes and meeting space for existing campus
population; and an athletic field for physical education classes, cardio training, football practices
and non-varsity home football games. The proposed use will not increase the existing population
of the campus.
Currently, students are shuttled to Settler's Park and Storey Park for P.E., football practice and
non-varsity home football games. Approval of the subject request will enable students to remain
on school property for these activities.
Site Plan: A site plan is proposed as shown in Exhibit A.2 that depicts the configuration of the
site. All of the existing structures on the site are proposed to be removed. An irrigation system
will be installed and new grass will be planted; some of the existing trees and shrubs will be
retained at the corners of the property as shown.
Lighting: Outdoor field lighting is prohibited on the site because of the proximity of residential
uses that abut the site.
Speaker Systems: Outdoor speaker systems are prohibited on the site because of the proximity of
residential uses that abut the site.
Parking: No new parking is proposed or required with this application. Adequate parking that
meets the standards listed in UDC 11-3C-6 is provided on the adjacent school site to the west. As
students will remain on school property for P.E. classes, cardio training and football practice,
traffic should decrease. When football games are held in the evenings or on weekends, classes
will be out freeing up parking on the adjacent school site.
Sidewalks: Due to the limited nature of the development proposed on this site staff is not
requiring sidewalks in association with this application. Staff carefully analyzed the sidewalk
network in the area and due to the fact that the majority of the adjacent properties do not have
sidewalks, the addition of sidewalk with this development would not fill any key gaps in the
sidewalk network. Sidewalks will be required in the future when a more intense use is proposed.
Access: No vehicular access to this site is being proposed with this development. A pedestrian
access is depicted on the site plan at the south west corner of the site. The pedestrian crossing and
access should be designed and constructed in accordance with ACRD standards.
Transportation/Streets: ACHD has a 30-foot wide prescriptive right-of--way (ROW) for the
segment of E. Carlton Street that runs along the southern boundary of this site. ACHD is not
requiring any additional street improvements for this application. When the property redevelops
Cole Valley Christian School Auxiliary Field CUP-13-013 PAGE 4
EXHIBIT A
in the future, 50 feet of ROW will be required to be formally dedicated to clean-up the ownership
of the street in this area.
To increase connectivity and facilitate additional north south traffic movement downtown, the
City is working to preserve ROW and construct E. 3rd Street from Franklin Road to Fairview
Avenue per the alignment identified in the East 3`d Street Extension Alignment Study Report,
dated May 2009. The alignment shows E. 3`a Street going through the subject property.
When this site redevelops in the future or a change in use occurs, the City with the support of
ACRD will require the dedication of ROW for the extension of E. 3`d Street.
Storm Drainage: The applicant plans to bury the storm drain at the southeast corner of the
proposed grass field and tie it into the existing ACHD system. Improvements to the storm drain
system need to be coordinated with Tim Nicholson, ACHD Development Review Division,
(208)387-6170. Storm drainage on the site shall comply with UDC 11-3A-18.
Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted to the
Planning Division for approval of the change in use and improvement of the site as proposed with
this application prior to commencement of the proposed use.
B. Staff Recommendation: Staff recommends approval of the proposed CUP with the conditions
listed in Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity & Aerial Map
2. Site/Landscape Plan
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
Cole Valley Christian School Auxiliary Field CUP-13-013 PAGE 5
EXHIBIT A
Exhibit A.1: Vicinity & Aerial Map
Cole Valley Christian School Auxiliary Pield CUP-13-013 PAGE 6
EXHIBIT A
Exhibit A.2: Site Plan (dated: 9/30/13)
Proposed Site Plan: Cole Valley Christian Schools Auxiliary Field'
Plan Date: September 30, 2013
Prepared by: Cole Valley Christian Schools (b4att Beglinger 208-947-1212)
E Carl#o~ Ave
Note: All exist-
ing structures on
property are to be
removed. Son7e
trees and shrubs
rti•il1 be preserved.
"Ihe ground will be
ciisced, leveled and
irrigated for plaa~t-
ing of CClnln7011
grass for auxiliary
multi-purpose field.
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Grass
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E Washington Ave
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'Not #o scale
Cole Valley Christian Schools - 200 E Carlton Ave, I~4eridian, Idaho 83642, 208-947-1212
Cole Valley Christian School Auxiliary Field CUP-13-013 PAGE 7
EXHIBIT A
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 A storm drainage system shall be provided on the site in accord with UDC 11-3A-18.
1.2 Outdoor speaker system(s) and outdoor field lighting are prohibited on the site due to the
proximity of abutting residential uses.
1.3 No structure(s) shall be erected on the site without modification to the subject conditional use
permit.
1.4 Prior to commencement of the proposed use, a Certificate of Zoning Compliance application is
required to be submitted to the Planning Division for approval of the change in use and
improvement of the site as proposed in Exhibit A.2. Design review is not required.
1.5 Upon redevelopment or a change in use of this site, right-of--way will be required to be dedicated
to ACRD through this site for the future extension of E. 3ra Street in accord with the East 3ra
Street Extension Alignment Study Report, dated May 2009.
1.6 The pedestrian crossing and access depicted on the site plan across N. 2 '/2 Street at the south west
corner of the site, shall be designed and constructed in accordance with ACFID standards.
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 use has not begun within two (2) years
of approval, a new conditional use permit must be obtained prior to operation or a time extension
must be requested in accord with UDC 11-SB-6F.
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 complete all required improvements prior to issuance of a Certificate of
Occupancy.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no comment on this application.
3. FIRE DEPARTMENT
3.1 The Fire Department has no concerns with this application.
4. POLICE DEPARTMENT
4.1 The Police Department did not submit comments on this application.
5. REPUBLIC SERVICES
5.1 Republic Services has no concerns with this application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no comment on this application.
7. ADA COUNTY HIGHWAY DISTRICT
ACRD has no required street improvements for this application, as the proposed green
space/grass field is an auxiliary use to the existing private school and is not anticipated to
Cole Valley Christian School Auxiliary Field CUP-13-013 PAGE 8
EXHIBIT A
generate any additional traffic, per the letter from Mindy Wallace dated October 28, 2013.
Cole Valley Christian School Auxiliary Field CUP-13-013 PAGE 9
EXHIBIT A
C. Required Findings from Unified Development Code
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
auxiliary field and comply with the development regulations of the R-15 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 consistent and harmonious with the UDC and
Comprehensive Plan Future Land Use Map designation of Old Town for this site.
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 of the property 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.
The Commission 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.
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 as applicable.
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. 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.
Cole Valley Christian School Auxiliary Field CUP-13-013 PAGE 10
EXHIBIT A
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.
Although the Commission recognized that noise will likely increase due to outside activities
on the site, the Commission finds the proposed use will not be detrimental to any persons,
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.
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use. Further, the Commission finds that the proposed use will
not result in the destruction, loss or damage of any natural, scenic or historic feature of major
importance.
Cole Valley Christian School Auxiliary Field CUP-13-013 PAGE 8