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HomeMy WebLinkAboutChurch of the Holy Nativity RZ-05-022 .. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & ORDER RECEIVED MAR 0 .3 2006 8IWt31i: ~;;¡/:n~ ... c, 1\ - IU.\HU }~ '\?+. / . "~~ \. ..'~-. "'--t~-"'-':~.1"'.""""" .::!',...~~-'C - "t;'~! .~ 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 cornment(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 § 1l~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 ofthe 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 /1z¡t,,~v~ ' 2006. 71!J- day of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ.O5.022 - PAGE 2 of 3 < .. COUNCIL MEMBER SHAUN WARDLE VOTED--*-15- VOTED ~ VOTED~ VOTED ~ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED --- MAYOR ATTEST: JI dÆ-" ,d- {fg;¡ I fk WILLIAM G. BERG, JR., CI CL K Copy served upon: V Applicant ...,r Planning Department "./ Public Works Department ../ City Attorney By: Dated: ~- ~ - OLD 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: 317/2006 otG;;di~"t ',¡'. IU.\1-IO ¡f ~~.... / "~t~!.'!.'lI!o l~~~, S.."-l!'~'" '~-., TO: FROM: SUBJECT: Mayor and City Council 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 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 cUlTently 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 11. 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 RZ-05-022 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.05-022 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-05-022 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 ofthe Holy Nativity RZ-05-022 PAGEl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 Se 14, SW 14, Section 1, T3N Rl W b. Owners: Episcopal Church in Idaho, Inc. 510 W. Washington St. Boise, Idaho 83702 c. Applicant: Church of the 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 VESCo filed an application with the City of Meridian for a pennit to erect the sign, they were infoaned that the Zoning Ordinances had been revised, and that street signs were not pennitted 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 detennined by City Ordinance. By reason ofthe 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 SulTounding 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: Location of water: Existing. Existing. None. Issues or concerns: 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 Side 20 feet 10 feet Rear 20 feet 35 feet Max. Building Height 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 derIDed 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 of the Commercial Districts is to provide for the retail and service needs ofthe 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 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 [IDdings. 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 project 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 --..-.-..-.. """""~'""V~V""-'~"" "'" vV~/Vv< Colleen Marks, L.S. 1045 . 6405 Ustick Road. Baise. Idaho 83704 Phone: (208) 378~7703 . Fax: (208) 378-7769 . Emall: rnarksls@velocltus.net REZONE DESCRIPTION A parcel ofland lying in a portion of the SEI/4 SWl/4ofSection I, T.3N., RIW., RM., 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., a.M., Ada County, Idaho; thence N.89°34'21"W. 180.00 feet along the said centerline of Cherry Lane and along !be soutberly boundary of the said SE1I4 SWI/4 of Section 110 a point, said point marking the REAL POINT OF B EO INNING; thence continuìng N.89"34 '2I"W. 483. I 9 feet along the said centerHne of Cherry Lane and also along the said southerly boundllIy of the SE1I4 SW1I4 of Section 1 to a point; thence N.0"18'39"E. 300~87 feet along the easterly boundary of the Brady-Tingey Medical Building Condominium Project Amendment No. I as recorded in Book 92 of Plats at Pages 1091 5 t1uu 10917, records of Ada County, Idaho to a point marking the NE Comer of said Brady-Tingey Medica) Building Condomirúwn property; thence N.89G34'21"W. 0.75 feet along the norther)y boundary of the said Brady-Tingey Medical Building Condorninium 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,O.O9'57"E. 43.09 feet along thL'! easterly boundary of said D~eId Manor Subdivision to 8. point marking !hI:! SW Comer of Cherry Manor Subdivision as recorded in Book 22 of Plats at Pages 1442 and 1443, records of Ada County. Idaho; thence S. 89G34'21"E. 484.09 feet along the southérly boundary of said Cherry Manor Subdivision to a point; thence S.0"19'lI"W. 343.96 feet to the point of beginning, containing 3.82 acres, more or lesa. ,:~E~:.:/=~OY~ . '1111 ".lnIAN PUBUC .. " o($ DEPT. Exhibit C CITY OF MERIDIAN PLANNING DEP ARTM ENT STAFF REPORT FOR THE HEARING DATE OF MARCH 7, 2006 r---------------' I ~------' -~-"'" REZONE SKETCH FOR CLA YTON LISLE A PARCEL or lAND BEING A PORTION OF THE 5[1/4 SW1/4 OF' SECTION I, T.3N., R.1W" BOISE MERIDIAN, ADA COUNTy. IDAHO 2005 ~~ i~ ~~ ~: c... CHERRY MANOR SUBDIVISION BK. 22 PGS, 1442-1443 5.89' 34'21"E. <18'1.09' ~s~~ ~ i~g~ ~ ~ ~il~ ~ ~ '~!i; ~ ~~ ¡;j Z '" LI 3.82 ACRES ., .... Ie ~ ß ~ - ~ ~ ~ :5 - "- ¡¡.. z ... ::J 8 vi 2 1 11 12 1989.68' ~ '*-~,2_- 483.19' H.8<J'J<I'2"W. 2652..88' It. W. CHERRY lANE ~ 180.00' 51/4 COR. SEC. 1 HEVIEW APPROVAL MERIDIAN PUBLIC WORKS DEPT. LINE TÀBLE >,"11 t'UEiLIC . DEPT LEGEND PROPERTY UNE CI!NTERLINE c:I CALCULATION POINT t INÐrx ^!Q, 314- 01- 320'-000 "- ¡¡ARKS LAND SURV[YlNG. INC. COLLE[N MARKS. L. S. 7045 6405 USTlCK RD. 801SE:, IDAHO IJJ 70. PH: (108) J'8-"OJ rx: 378""77'5/ NOT TO SCALE .,,",--------- DAn, 12 """'lIlY 8\'1 IN' ,rlt~ 1.""-""",,,./18, ~OOlè(\ö flJ Ð~r^~^Hn~nNV1~~HV~ ~G)¡R!;::RI\T ~'.~ nfl"1 (;,1,'\701 In Exhibit C 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 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. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that churches are pennitted 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.