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HomeMy WebLinkAboutChristian Fam. Mtrs AZ 04-027 AZ 04-027 MERIDIAN PLANNING 8. ZONING MEETING APPLICANT Don Weber October 21. 2004 ITEM NO. 10 REQUEST Public Hearing - Annexation and Zoning of 4.5 acres from RUT to R-8 zone for Christian Family Matters, Inc. - east of South Linder Road and south of West Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See attached staff comments ~ ~OM~J ~~~~ ~ r)vu 11v~ CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No comment See attached comments CITY PARKS DEPT: MERIDIAN SCHOOl DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: No comment SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: ~f\... WL~ Emailed: Date:ID~/1-0i Staff Initials: Phone: lo~g/~~n Male~als presented at public meetings shan become property oIlhe City 01 Me~dlan. MAYOR Tanunyde Weerd CITY COUNCIL MEMBERS Keith Bird Sh.un Wardl. CharIeR M. Rountree C/lfe;;dldn IDAHO CITY HALL (208) 888-4433 - Fax 887-48\3 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211- Fax 898-9551 LEGAL DEPARTMENT (208) 466-9272 - FAX 466-4405 STAFF REPORT: P&z Hearing Date: October 21,2004 To: Mayor, City Council and Planning & Zoning conurn~ Bruce Freckleton, Development Services Manager Wendy Kirkpatrick, AICP, Associate City Planner [AjAt Christian Family Matters From: Re: . Annexation and Zoning (AZ) of 4.5 Acres with an existing residence and church fÌ'om RUT (Ada Co.) to R-8 (Medium Density Residential) for Christian Family Matters, Inc., by Don Weber (File No. AU4-027) We have reviewed the aforementioned applications and now offer the following comments, as conditions of approval. These conditions shall be consÙkred in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Don Weber, on behalf of Christian Family Matters, Inc., has requested the annexation and zoning of a 4.5 acre parcel. Meridian's City Council has required the applicant to apply for annexation and zoning. The subject property is currently located in Ada County and zoned RUT. There is an existing single family residence, a barn which has been converted for use by the church on the subject property, and an area in the southwest corner of the subject property used for outdoor worship services; the remainder of the lot is pasture land. The applicant completed the Conditions of Approval for the Conditional Use Permit and Master Site Plan (and the conditions modified through an Appeal of02-l2-CU / 02-9-MSP) approved by Ada County Board of Commissioners in 2002 (02-12- CU/02-9-MSP/ 03-004A) in July 2004. The applicant requested water service for the subject property fÌ'om the City of Meridian at an October 7, 2003 Meridian City Council hearing. The request was approved by City Council pursuant to a memo dated October 2, 2003 by Brad Watson, Meridian City Engineer, requiring that Christian Family Matters meet four conditions before water service was provided. These conditions included: submission of engineering plans for water main extensions; submission of a signed water line easement; payment of applicable review, inspection, and assessment fees prior to water main installation; and submission of an annexation and zoning application for the subject property. The October 2, 2003 memo ftom Brad Watson also stated that the Public Works department would require as a condition of the Annexation and Zoning application that the applicant connect to City sanitary sewer when service is available. AZ-O4-O27 Christian Family Matter..AZ.doc Mayor, Council, and P&Z Commission Hearing Date: October 21,2004 Page 2 The property is designated as "Medium Density Residential" on the 2002 Future Land Use Map. Rural residential uses are located to the east and west of the subject property. The property located to the south of the subject property is still used for agricultural uses. The subject property has frontage on Overland Road and is located just to the south of Bodily RV and undeveloped property with an I-L zoning designation. Staff is recommending approval of the annexation and zoning request. LOCATION The subject property is located on the south side of Overland Road, just to the east of Linder Road. The physical property address is 1345 W. Overland Road. The lot is located in Township 3 North, Range 1 West, Section 24. SURROUNDING PROPERTIES North - Bodily RV, zoned I-L, and undeveloped I-L property. South - Agricultural and rural residential uses, zoned RUT (Ada County). East - Rural residential uses, zoned RUT (Ada County) West - Rural Residential uses, zoned RUT (Ada County.) OWNERS OF RECORD The property owner of record is Donald Weber. ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds the 2002 Comprehensive Plan Future Land Use Map designates the subject property as 'Medium Density Residential.' The purpose of this designation is to "allow smaller lots for residential purposes within city limits." (See Chapter VII, pg. 95.) The requested R-8 zoning generally conforms to this stated purpose and intent of the 'Meqium Density Residential' designation. Churches are permitted as a Conditional Use in the R-8 zoning district and single family residences are a principally permitted use. B. Is the area included in the zoning amendment intended to be rezoned in the future; AZ-04-027 Christian Family MatWrs. AZ.doc Mayor, Council, and P&Z Commission Hearing Date: October 21, 2004 Page 3 c. D. Staff does not anticipate that the land to be annexed will be rezoned in the future; nor has the applicant indicated a desire to rezone this property again in the future. The Comprehensive Plan does demonstrate an intention to have the property zoned as residential upon annexation. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning - for example, a residential area turning into commercial area by means of conditional use permits; The applicant has not proposed any additional development of the subject property. The subject property currently has one single family residence and a barn which has been converting for use as a meeting hall for the church. The existing single family residence is allowed as a principally permitted use in the R-8 zoning district and the church uses are permitted as a Conditional Use in the R-8 zoning district. The applicant has applied for Ro8 zoning due to the existing single family residence and because the R-8 zoning designation is the designation most compatible with the Comprehensive Plan designation of "Medium Density Residential." The applicant has already received Conditional Use approval for the existing church uses through Ada County; an additional Conditional Use Permit application with the City of Meridian is not required. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; The general vicinity of this project is in transition fÌ'om low density rural residential uses to commerciaVurban type uses with the potential for the development of medium density residential uses in the future when sewer can be supplied to the area. The property located to the north ofthe subject property has been zoned I-L; Bodily RV is located to the north of the subject property. Property located to the east and west of the subject property is currently zoned RUT but has a comprehensive plan designation of "Medium Density Residential." Staff finds a rezone of the proposed property would be compatible with other land use and facility changes in the area. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; See Annexation and Zoning Comment "D" above. The existing residence and church uses will be operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the existing residential and industrial uses in the vicinity of the subject property. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; AZ-O4-O27 Christi.. Family Matters. AZ.doc Mayor, Council, and P&Z Commission Hearing Date: October 21, 2004 Page 4 Staff finds that the existing single family residence and church uses will not be hazardous or disturbing to existing or future land uses. The Commission and Council shall rely on public testimony to determine whether the proposed uses will be disturbing or hazardous to the neighboring uses. G. Will the area be served adequately by essential public facilities and services such as higbways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that municipal water is available to the subject property; sewer service will be extended when service is available. Meridian Fire and Parks Departments were represented at the Comments Meeting held in April for this application and provided comment that services could be provided. The Commission and Council will need to reference any written or verbal testimony submitted by the irrigation district, Idaho Power, and other service providers. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will finance the future extension of public facilities to serve the project. The primary public costs will be fire and police services. Staff finds there will not be excessive additional requirements at public cost and that the annexation and zoning alone will not be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that wiD be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff frnds the existing use will not generate additional traffic. The applicant is not proposing any expansion of the existing uses on the subject property. A Conditional Use permit would be required for any expansion or addition to the existing church uses on the subject property. The level of impact will depend upon the type of future use, The purpose of the R-8 zone is to "allow smaller lots for residential purposes within city limits." As such, staff does not anticipate future uses will create smoke, fumes, glare, or odors that will be detrimental to the general welfare of persons or property in the area. MCC 11-16-4 provides the P&Z Commission and City Council the authority to req,uire a property owner to enter. into a DeveloDment A!!reement with the City of Meridian that may require a Conditional Use Permit or some written commitment for all future uses to more fullv comply with this finding. J. Will tbe area bave vehicular approaches to tbe property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that any future uses will impact the level and flow of traffic on the surrounding streets. Specific traffic counts will be determined at the time of development application, which AZ-04-027 Christian Family M8tters. AZ.doc Mayor, CounciL and P&Z Commission Hearing Date: October 21,2004 Page 5 must be reviewed and approved by ACHD. The subject property currently takes access off of Overland Road. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that the proposed annexation will not result in the destruction, loss or damage of natural features. No modifications to the existing site have been proposed. L Is the proposed zoning amendment in the best interest ofthe City of Meridian. (Ord. 592, 11-17-1992). Staff finds that the annexation of this property would be in the best interest of the City for the following reasons: . The applicant currently receives City water; the applicant was required by City Council to apply for annexation to the City of Meridian when Council allowed the applicant to obtain City water while still located in Ada County; . the application substantially complies with the Comprehensive Plan. SPECIAL CONSIDERATIONS 1. Landsc!loing and parking areas: While the site is landscaped, the existing landscaping and parking areas on the subject property do not meet Meridian City Code requirements. The parking lot is not landscaped to City standards and the landscape buffers do not meet Meridian's dimensional requirements. Staff recommends that the applicant be required to come into compliance with Meridian City Code requirements for parking areas and landscaping upon expansion, addition, or significant modification of any existing church uses. The current parking and landscaping on the subject property meet Ada County requirements; Ada County approved the existing landscaping and parking areas in July 2004 and certified that the applicant had completed all Ada County Conditions of approval for Ada County applications 02-l2-CU/02-9-MSP/ 03-004A. 2. Conditional Use Permit: The applicant received approval for a Conditional Use Permit through Ada County for the existing church uses. Staff is recommending that the applicant be required to apply for a Conditional Use Permit if any significant modifications, expansions, or additions are made to the existing church uses. SITE SPECIFIC COMMENTS 1. The legal description meets the requirements of the City of Meridian and State Tax Commission and will place the parcel contiguous to existing city limits. 2. The subject property is within the Urban Services Planning Area. AZ-O4-O27 Christian Family Matters. AZ.doc Mayor, Council, and P&Z Commission Hearing Date: October 21, 2004 Page 6 3. Any existing domestic wells and/or septic systems within this project will have to be removed fÌ'om their domestic service, per City Ordinance Section 5-7-517, when services are available fÌ'om the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Any future development of this property shall comply with the International Fire Code or the fire code adopted by the City of Meridian at the time of construction. 5. The applicant shall obtain approval for the site plan fÌ'om the Police Chief prior to City Council. 6. Please contact Bill Gregory at SSC (888-3999) for detailed review of any future development plans and submit stamped (approved) plans with the Certificate of Zoning Compliance application. 7. Applicant shall be required to connect to the City of Meridian's sanitary sewer system when it becomes available. All cost associated with said connection shall be borne by the aplaicant. AGENCY COMMENTS Fire DeDartment 1. This project has no fire department concerns. Parks and Recreation Department 1. The Parks Department has no concerns with the site design as submitted with the application. RECOMMENDATION With the comments noted in this report, staff recommends approval of this application. AZ-o4-o27 Christian Family Matters. AZ.doc .._-,...,. ,~,."",~",".,.. ." 'R ..,Weerd LEGAL DEPARTMENT (208) 466-9272' FAX 466-4405 PARKS & RECREATION (208) 888-3579. Fax 898-5501 PUBLIC WORKS (208) 898-5500. Fax 887-1297 _ùUNCIL MEMBERS Shaun Wardle William L M. Nary Charles M, Rountree Keith Bird BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING & ZONING (208) 884-5533 . Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: October 14, 2004 Transmittal Date: September 7, 2004 Hearing Date: October 21, 2004 File No.: AZ 04-027 Request: Annexation and Zoning of 4.5 acres from RUT to Ro8 zone for Christian Family Matters, Inc. By: Don Weber Location of Property or Project: David Zaremba, P/Z (No FP) David Moe, P/Z (NoFP) Wendy Newton-Huckabay, P/Z (NoFP) Michael Rohm, P/Z (NoFP) Keith Borup, P/Z (No FP) Tammy de Weerd, Mayor Bill Nary, C/C Charlie Rountree, C/C Keith Bird, C/C Shaun Wardle, C/C Water Department Sewer Department Sanitary Service (No VAR, VAG, FP) Building Department Fire Department Police Department City Attomey =:e.ilY Engineer City Planner . Parks Department east of South Linder Road and south of West Overland Road Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Inigo District Settlers Irrigation District Idaho Power Co. (FPIPPonly) Owest (FP/PP only) Intermountain Gas (FPIPP only) Bureau of Reclamation (FPIPP only) Idaho Transportation Department (No FP) Ada County Land Records Meridian Development Corporation Historical Preservation Commission Your Concise Remarks: -' f/-~~;~~;;;~ ¥ ~ lŒrnVrn SEP 24 2004 City of Meridian City Clerk Offle. 33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 . (208) 888-4433 Clly Clerk Office Fax (208) 888-4218 . Human Resources Fax (20~)RR"-O7" . "'----. " .. ... . ~ RECEIVED CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DC-I 2 L~~; City of MeridlaD City Clerk Office DATE October 21, 2004 ITEM # 10 PROJECT NUMBER AZ 04-027 PROJECT NAME Christian Family Matters, Inc. NAME (PLEASE PRINT) I FOR AGAINST NEUTRAL /'\).o ^ r W{;) 'Be a v