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HomeMy WebLinkAboutChurch of Holy Nativity RAZ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER RECEIVED MAR 0 3 2006 8iW3~: ~;ìd/:n~ \ '\ " liJ.\HO j} \~+<, ./ ' -:j;,~,,> ,---,,- "~ '.. - I .<.>'~' 1 ~-, ~:T'!-"",> ~,"---- - "r.M -. -~ In the Matter of a request to Rezone 3.36 acres from R-8 (Medium Density Residential) to L-O (Limited Office) for an existing church, by Church of the Holy Nativity. Case No(s). RZ-05-022 For the City Council Hearing Date of: March 7, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 7, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 7,2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 7,2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 7,2006 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 City Council 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 August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-O5-022 - PAGE 1 of 3 - " 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 Mayor 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. 7. That this approval is subject to the Legal Description and the Conditions of Approval all in the attached Staff Report for the hearing date of March 7,2006 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 City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 7, 2006 incorporated by reference. D. 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 plat or 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, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval 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. E. Attached: Staff Report for the hearing date of March 7, 2006 By action of the City Council at its regular meeting held on the ,2006. day of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-O5-022 - PAGE 2 of 3 ~ , -I: COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYOR TAMMY de WEERD ATTEST: WILLIAM G. BERG, JR., CITY CLERK Copy served upon: Applicant Planning Department Public Works Department City Attorney By: City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-O5-022 - PAGE 3 of 3 .,.-\, "'- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 STAFF REPORT City Council Hearing Hearing Date: 3/7/2006 Mayor and City Council Josh Wilson, Associate City Planner ~' " '" , cMeri dl:n.~' ;-'< I' ß' ^~/' ""...., 1#, IlJ."\ - (' TO: FROM: SUBJECT: Church of the Holy Nativity . RZ-OS.022 Rezone of3.36 acres fromR-8 to L-O zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Church of the Holy Nativity has applied for a Rezone (RZ) of 3.36 acres from R-8 (Medium-Density Residential) to L-O (Limited Office). The site is located on the north side of Cherry Lane, east ofN. Linder Road. This site currently contains three structures which all house the church use. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on February 2,2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Clayton Lyle ii. In opposition: None. iii. Commenting: None. iv. Staff presenting application: Josh Wilson. v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. None. c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Approve I move approve File Number RZpOS-022 as presented in the staff report for the hearing date of March 7, 2006, with the following modifications to the conditions of approval: (add any proposed modifications). Deny I move to deny File Number RZ-OS-022 as presented in the staff report for the hearing date of March 7, 2006, for the following reasons: (you must state specific reasons for denial). Continue I move to continue the public hearing for File Number RZ-OS-022 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: North side of Cherry Lane, east ofN. Linder Road! 828 W. Cherry Lane Church of the Holy Nativity RZ-O5-022 PAGEl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 Se ?:í, SW ?:í, Section 1, T3N Rl W b. Owners: Episcopal Church in Idaho, Inc. 510 W. Washington St. Boise, Idaho 83702 c. Applicant: Church ofthe Holy Nativity 828 W Cherry Lane Meridian, Idaho 83642 d. Representative: Clayton Lisle e. Present Zoning: R-8 f. Present Comprehensive Plan Designation: Publici Quasi-Public g. Applicant's Justification Statement (from application materials): "The Holy Spirit Catholic Church has a street sign on Cherry Lane. Two brick pillars supported this non-lit sign. The Catholic Church removed the sign and took it with them when they relocated to their new facilities (Holy Apostles) at Linder and Meridian Road in Meridian. Holy Nativity wants to install a street sign fronting Cherry Lane supported by the two existing brick pillars. To that end, we engaged the Young Electric Sign Company (YESCo) to design, construct, and install a lighted sign. When YESCo filed an application with the City of Meridian for a permit to erect the sign, they were infonned that the Zoning Ordinances had been revised, and that street signs were not permitted in residential zones. This project was initiated to change the zoning of the property from R-8 zoning to L-O zoning, bringing the property into compliance with the newly revised city ordinances and thus enabling installation of a street sign. No other construction, renovation, or remolding requiring a pennit is planned." 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason ofthe provisions ofUDC ll-5B-3, a public hearing is required before the Planning and Zoning Commission and City Council on this matter. b. Newspaper notifications published on: January 16 and 30,2006 c. Radius notices mailed to properties within 300 feet on: January 6, 2005 d. Applicant posted notice on site by: January 24, 2006 6. LAND USE a. Existing Land Use(s): Church use with three buildings b. Description of Character of SurTOunding Area: The area along Cherry Lane near the subject site is developed as a diverse mix of offices, commercial uses, residences and public/quasi public uses such as churches and a middle school. c. Adjacent Land Use and Zoning 1. North: Existing residences in Cherry Manor Subdivision, zoned R-4. 2. East: Assisted living apartments, zoned R-8. 3. South: Meridian Middle School, zoned R-4. Church of the Holy Nativity RZ-05-022 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 4. West: Medical offices, zoned L-O. d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Existing. Location of water: Existing. Issues or concerns: None. 2. Vegetation: Existing mature trees 3. Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None. 6. Proposed Zoning: R-8 7. Size of Property: 3.36 acres h. Proposed and Required Non-Residential Setbacks: per the L-O zone Front Side L-O Standard 20 feet Rear 10 feet 20 feet Max. Building Height Min. Lot Size 35 feet None Min. Street Frontage None i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the site will be from existing curb cuts on Cherry Lane. 7. COMMENTS MEETING On January 13, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map designates the property as "Public/Quasi Public" and it is currently zoned R-8. Public/Quasi Public is defined as "Areas are designated to preserve and protect existing private, municipal, state, and federal lands for area residents and visitors (emphasis added)." Staff finds that the Publici Quasi-Public designation was intended to apply to existing churches and that the proposed rezone complies with the applicable provisions of the Comprehensive Plan and furthers the goals and objectives set forth therein. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists churches as a Pennitted use in the L-O zone. Church of the Holy Nativity RZ-05-022 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 b. Purpose Statement of Zone: The purpose ofthe Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four 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 ofthe district in proximity to streets and highways. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed rezone. Please see Exhibit D for detailed analysis of facts and findings. The rezone legal description submitted with the application (prepared on December 12, 2005 by Colleen Marks, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, 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. b. Staff Recommendation: Staff recommends approval of RZ-05~022 for Church of the Holy Nativity as presented in the staff report for the hearing date of February 2, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the approval comments as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 11. EXHIBITS A. Drawings 1. (None) B. Conditions of Approval 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. Legal Description D. Required Findings from Zoning Ordinance Church of the Holy Nativity RZ-05-022 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7,2006 A. Drawings 1. None. Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE COMMENTS 1.1.1 All future uses shall not involve uses, activities, 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. 1.1.2 All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 2. PUBLIC WORKS DEPARTMENT 1. The proposed proj ect has no Public Works concerns. 3. FIRE DEPARTMENT 1. The proposed project has no Fire Department concerns. 4. POLICE DEPARTMENT 1. The Police Department has no concerns related to the application. 5. PARKS DEPARTMENT 1. The Parks Department has no concerns related to the application. 6. SANITARY SERVICES COMPANY 1. SSC has no concerns related to the application. 7. ADA COUNTY HIGHWAY DISTRICT 1. Approved with no conditions. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 C. Legal Description ". "'. --- - ~--..,""~- """""""'~~O"'--'-"- 'ó<I vV'-,' VVL Colleen MarkS, L.S. 7045 . 8405 Uatlck Road' Boise, Idaho 83704 Phone: (208) 378.7703 . Fax: (208) 378.7759 . Emall: marksls@velocltus.net REZONE DESCRIPTION A parcel ofland lying in apomon of the 5El/4 SWl/4 ofSectioJ11, T.3N., RIW., B.M., Ada County, Idaho, and being more particularly described as follows: Commencing at a point lying along the centerline of Cherty Lane and marking the S 1/4 Comerofsaid Section 1, T.3N., R.IW., B.M., Ada County, Idaho; thenceN.89"34'21"W. 180.00 feet along the said centerline of Cherry Lane and along the southerly boundary of the said 8E1I4 SWI!4 of Section I to a point, said point marking the REAL POINT OF BEGINNING: thence continuing N.89"34.21"W. 483.19 feet along the said center1ìne ofCheny Lane and also along the said southerlyboundazy of the SE1I4 8W1I4 ofSectÏon 1 to a point; thence N.0"18'39"E. 300.87 feet along the easterly boundary of the Brady-Tingey Medical Building Condonunium Project Amendment No.1 as recorded in Book 92 of Plats at Pages 10915 thru 10917, records of Ada COUtlty, Idaho to a point marking the NE Comer of said Brady-Tingey Medica) Building Condominium prop=nyj thence N.89°34'21 "W. 0.75 feet along the norther]y boundary of the said Brady-Tingey Medical Building Condominium property to a point marking the SE Comer ofDeerfieId Manor Subdivision as recorded in Book S9 of Plats at Pages S778 and 5779, records of Ada County, Idaho; thence N.0"O9'57"E. 43.09 foct along thl!! easterly boundary of said Deerfield Manor Subdivision to a point marlång tho SW Comer of Cheny Manor Subdivision as recorded in Book 22 of Plats at PagelS 1442 and 1443, records of Ada County, Idaho; thence 5.89"34'21 "E. 484.09 feet along the 50uthèrly boundary ofsaid Cherry Manor Subdivision to a point; thence S.0"19'Il"W. 343.96 feet to the point of beginning, contaimng 3.82 aCres, more or less. "nIAN P1JBUC '. :"'<5 DEPT. Exhibit C ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 r---""-----'-----"--"--"" REZONE SKETCH FOR CLA YTQN LISLE 2 1 11 12 ~oo/lOOI!'.l Exhibit C Á PARCEL OF LAND BEING A PORTION OF THE S£:1/4 SW1/4 OF SECTION I, T.3N., R.1W., BOrSE MERIDIAN, ADA COUNTy. IDAHO 2005 ~~ i~ ê~ ~~ ..."" 0= CHERRY MANOR SUBDIVISION BK. 22 PGS. 1442.1443 S.B9')4"21"E. 184.09' ~~~~ ~ ~~g~ ~ t3 ~¡~~ ~ ~ ~~I~ ~ ~~ äIÍ Z ... 3,82 ACRES ð: ~ ~ ffi ~ E § ~ "-- g., z .... :;) 8 ...; 1989.68' ~ 483,19' N.89.]< '21"W. 2652,88' It. W. CHERRY lANE S114 COR. SfC.1 ~ 180.00' ,~ BY.. -: ..' ---- .(- tŒVtEW APPROVAL. - -..---- MERIDIAN PUBLIC WORKS DEPT. LINE T ÄBLE '." f'uaLlC , OEPT LEGEND PROPERTY LINE CENTERLINE CALCULATION POINT 1:1 INorx ^!g,-- 31401 --)20"""000 .. ¡¡ARKS LAND SURV£ YING. lNG. COLLEtN MARKS, L S, 7045 6405 USTICK RD. BOISE, IDAHO 8J704- PH: (ZQ8) J71-"'OJ '-X, J78'.'77'9 ØAU, 12 I )II",," 1IIr: IN' ,!1\;~ L"'.",........Øw, NOT TO SCALE' 9HT^l^HnsnHV1S~HVW f.;!ò!)¡¡),:j1n,: YW-I¡",ÇI eM,"j;'l/lI CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 D. Required Findings from Zoning Ordinance 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 and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Exhibit D 2. The applicant is proposing to zone the subject property to L-O. City Council fmds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that churches are permitted uses within the requested zoning district of L-O. There is no new development proposed and any new development must confonn with City Code. The applicant will be required to apply for a Certificate of Zoning Compliance prior to construction of any site improvements to ensure compliance with City Code. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 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, City Council 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. 4.