HomeMy WebLinkAboutChurch of Holy Nativity
RZ 05-022
MERIDIAN PLANNING & ZONING MEETING
February 2, 2006
APPLICANT Church of the Holy Nativity ITEM NO. 12
REQUEST Rezone of 3.36 acres from R-8 to L-Q zone for Church of the Holy Nativity-
828 West Cherry Lane
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY BUILDING DEPT:
CITY WATER DEPT:
See attached Staff Report
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CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
S1.l ~~+~<l COM ML-v\As
NAMPA MERIDIAN IRRIGATION:
No Objections
SETTLERS'IRRIGATlON:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER: See affidavit of Posting
Contacted:' ì")
Emailed:
Date: ~ J,..:°n'" - Q31:.L1 ~
Staff Initials:
Materials presented at public meetings shall become property of the City of Meridian.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
STAFF REPORT
P & Z Commission Hearing
Hearing Date: 2/212006
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CITY OF MERIDIAN
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST I=:ITV CLERK OFF!Cr=
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.
TO:
FROM:
SUBJECT:
Planning & Zoning Commission
Josh Wilson, Associate City Planner
Church of the Holy Nativity
. RZ-05-022
Rezone of 3.36 acres from R-8 to L-O zone
2. SUMMARY RECOMMENDATION
Staff recommends approval of RZw05-022 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 comments as listed in Exhibit B as attached to this report. Staff has prepared findings consistent
with this recommendation.
3. PROPOSED MOTIONS
Recommend Approval
I move to recommend approval to the City Council of File Number RZ-05-022 as presented in the
staff report for the hearing date of February 2,2006, with the following modifications to the conditions of
approval: (add any proposed modifications).
Recommend Denial
I move to recommend denial to the City Council of File Number RZ-05-022 as presented in the
staff report for the hearing date of February 2, 2006, for the following reasons: (you must state specific
reasons for denial).
Continue
I move to continue the public hearing for File Number RZw05-022 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
Se Xí, SW Xí, Section 1, T3N Rl W
b. Owners:
Episcopal Church in Idaho, Inc.
510 W. Washington S1.
Boise, Idaho 83702
c. Applicant:
Church of the Holy Nativity RZ-05-022
PAGE I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
Church of the Holy Nativity
828 W Cherry Lane
Meridian, Idaho 83642
d. Representative: Clayton Lisle
e. Present Zoning: Rw8
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 VESCo filed an
application with the City of Meridian for a permit to erect the sign, they were infoffiled 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 permit is planned."
5. PROCESS FACTS
a. The subject application will in fact constitute a rezone as determined by City Ordinance. By
reason of the provisions ofUDC 11-5B-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 Surrounding 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
I. 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.
4. West: Medical offices, zoned L-O.
d. History of Previous Actions: None.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer:
Location of water:
Church of the Holy Nativity RZ-O5-022
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF FEBRUARY 2,2006
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
L-O Standard
Front 20 feet
Side 10 feet
Rear 20 feet
Max. Building Height 35 feet
Min. Lot Size 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 Public/ 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 Permitted use in the L-O
zone.
b. Purpose Statement of Zone: The purpose of the 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
of the district in proximity to streets and highways.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
Church of the Holy Nativity RZ-05-022
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2,2006
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. EXHmITS
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 thc Holy Nativity RZ~05-022
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2, 2006
A. Drawings
1. None.
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2,2006
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 oftraffic, 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 Warks 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 DrsTRICT
1. Approved with no conditions.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2,2006
C. Legal Description
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Colleen Marks. L.S. 7045 . 6405 Uatfck Road, BoIse, Idaho 83704
Phone: (208) 378w7703 . Fax: (208) 378-7759 . Emall: rnarkSls@vefocltus.net
REZONE DESCRIPTION
A parcel ofland lying in apomon of the 5EII4 SWI/4 of Section I, T.3N.. RIW., B.M"
Ada County. Idaho, and being more particularly described as follows:
Commencing at a point lying along the centerline of Cherry Lane and marking the S 1/4
Comer of said Section I, T.3N.. R.IW., 8.M., Ada County, Idaho; thenceN.89°34'2l"W.
180.00 feet along the said centerline of Cherry Lane and along the southerly boundary of
the said 5E1/4 SWII4 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 centerline of Cherry Lane
and also along the said southerly bo\lfldary of the 5E1I4 SWI/4 of Section I to a point;
thence N.0"1S'39"E. 300,87 feet along fue easterly boundary ofthe Brady-Tingey
Medical Building Condominiwn Project Amendment No.1 as recorded in Book 92 of
Plats at Pages 10915 thru 10917, records of Ada County, Idaho to a point marking the NE
Comet of said Brady-Tingey Medical Building Condoroiniwn property;
thcnce N.89°34'2] "W. 0.75 feet along the northerly boundary of the said Brady-Tingey
Medj(:aJ Building Condominium property to a point marking the SE Comer ofDeerfield
Manor Subdivision as recorded in Book 59 of Plats at Pages 5778 and 5779, records of
Ada County, Idaho;
thence N.0009'57"E. 43.09 feet along the easterly boundary of said Deerfield Manor
Subdivision to a point marking the SW Comer of Cherry Menor Subdivision as recorded
in Book 22 of Plats at Pages 1442 and 1443, records of Ada County, Idaho;
thence 8.89°34'21"£. 484.09 feet along the southérly boundary of said Chcny Manor
Subdivision to a point;
thence S.0"19'II"W. 343.96 (ect to the point of beginning, containing 3.82 acres,more or
less.
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"¡Io(S DIPT.
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 2,2006
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REZONE SKETCH FOR
CLA YTON LISLE
A PARCEL OF LAND BEING A PORTION or THE 5£:1/4 SW1/4 OF'
SECTION I. T.JN., R.IW., 801S£ MERIDIAN, ADA COUNTy. IDAHO
2005
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CHERRY MANOR SUBDIVISION
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CITY OF MERlDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF FEBRUARY 2,2006
D. Required Findings from Zoning Ordinance
1. Rezone Findings:
Exhibit D
Upon recommendation from the Commission, the Conncil 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 ofthe comprehensive
plan;
The applicant is proposing to zone the subject property to L-O. Staff finds 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.
2,
The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
Staff 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 conform 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.
The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Staff fmds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. Staff recommends that the Commission and Council rely on
any oral or written testimony that may be provided when determining this finding.
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.
3,
4,
STATE OF IDAHO
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COUNTY OF ADA
AFFIDAVIT OF POSTING
I, Mike Arnold. Premier SiQns. Inc. 2100 E. Fairview Avenue. Suite 7 855-0380
(name) (address) (phone)
Meridian Idaho . being first duly sworn upon
(city) (state) oath, depose and say:
RECEIVED
.IAN 2 3 2006
CITY OF MERIDIAN
CITY CLERK OFFICE
I personally posted the subject property with the hearing notice sign 10 days prior to the public
hearing for the Rezone of 3.36 acres from Rw8 to LwO for existina Church use.
Dated this
23rd. day of
Janua6~#
'1 (S;gnature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
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John S. Franden, President
Carol A. McKee, 1st Vice President
Dave Bivens, 2nd Vice President
Sherry R. Huber, Commissioner
Rebecca W. Arnold, Commissioner
January 10, 2006
To:
Church of the Holy Nativity
828 West Cherry Lane
Meridian, 10 83642
Subject:
MRZ-OS-022
Rezone
828 West Cherry Lane
Meridian, 10 83642
In response to your request for comment, the Ada County Highway District (ACHD)
staff has reviewed the submitted application and site plan for the item referenced
above. It has been determined that the Right-of-Way and Development Services
Department does not have any site specific requirements for you at this time due to
the fact that the proposed development will:
;.. Generate less than 10 additional vehicle trips per day (VTD) and
is not a change in use.
If the site plan or use should change in the future, ACHD will review the site plan and
may require improvements to the transportation system at that time.
Prior to final approval you will need to submit plans to the ACHD Development
Review Department. A traffic impact fee may be assessed by ACHD and will
be due prior to the issuance of a building permit. Contact ACHD Planning &.
Development Services at 387-6170 for information regarding impact fees.
Prior to the construction or installation of any roadway improvements (curb, gutter,
sidewalk, pavement widening, driveways, culverts, etc), a permit or license agreement
must be obtained from ACHD.
If you have any questions, please feel free to contact me at (208) 387-6174.
Best regards, /
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Ryan Keith McDaniel
Planner I
Right-of-Way and Development Services, Planning Division
CC:
Project file, Construction Services, Utilities
City of Meridian
Episcopal Church in Idaho, Inc.
Ada County Highway District. 3775 Adams Street. Garden City, 10 . 83714 . PH 208-387-6100 . FX 345-7650 . www.achd.ada.id.us
~ & ~ 'l~ 'Dé4óûd
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
4 January 2006
phone5: Area Code 208
OFFICE; Nampa 466-7861
SHOP: Nampa 466-0663
Josh Wilson, Planning Department
City of Meridian
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Meridian, 10 83642
RE:
Proposed Rezone of 3,36 Acres for the Church of the Holy Nativity
Dear Josh:
Nampa & Meridian Irrigation District has no objections to the proposed rezone.
All laterals and waste ways must be protected.
Please feel free to contact me; if you feel further discussion is required.
Sincerely,
çZLra~~
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Ãhn P. Anderson, Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
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File
Each Director
SecretarylTreasurer - Coon
Asst. Water Superintendent - Henson
Rider #4
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS" 23,000
BOISE PROJECT RIGHTS - 40,000
(ir"'!:' g~~TTR~~~ CENTRAL DISTRICT HEALTH DEPARTMENT
~HEALTH Environmental Health Division """ "n ,--,
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Rezone #
Conditional Use #
Preliminary / Final/Short Plat
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Return to:
0 Boise
0 Eagle
0 Garden City
~eridian
0 Kuna
OACZ
0 Star
~e have No Objections to this Proposal.
0 2. We recommend Denial of this Proposal.
0 3. Specific knowledge as to the exact type of use must be provided befQre we can comment on this Proposal.
0 4. We will require more data concerning soil conditions on this Proposal before we can comment.
0 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
0 high seasonal ground water 0 waste flow characteristics
0 or bedrock from original grade 0 other
0 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surtace waters.
07. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
0 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
0 central sewage 0 community sewage system 0 community water well
0 interim sewage 0 central water
0 individual sewage 0 individual water
0 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
0 central sewage 0 community sewage system 0 community water
0 sewage dry lines 0 central water
0 10. Run-off is not to create a mosquito breeding problem.
0 11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
0 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
0 13. We will require plans be submitted for a plan review for any:
0 food establishment 0 swimming pools or spas
0 beverage establishment 0 grocery store
0 child care center
0 14. Please see attached stormwater management recommendations
015.
Date: /2- /fÒ /o¡-
Reviewed By: L ~
15726.001 EHO904
Review Sheet