HomeMy WebLinkAboutCherry Lane Chr RZ 02-003
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR REZONE OF 4
ACRES FOR CHERRY LANE
CHRISTIAN CHURCH FROM R-4
TO L-O, LOCATED AT 2511 W.
CHERRY LANE" MERIDIAN,
IDAHO
CHERRY LANE CHRISTIAN
CHURCH,
Applicant.
C/C 12-03-02
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Case No: RZ-02-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION FOR
REZONE
The above entitled matter on the rezoning application of 4 acres having come on
for public hearing on November 12, 2002, and continued to November 19, 2002, and continued
again until December 3, 2002, at the hour of 7:00 o'clock p.m., and Council having received the
report of Brad Hawkins-Clark, Interim Planning Director for the Planning and Zoning
Department, and Larry Woodard, appeared and testified, and no one appeared in opposition, and
the Council having received the record of this matter made before the Planning and Zoning
Commission, and having received their Recommendation to the City Council, and the City
Council having duly considered the evidence and the record in this matter therefore makes the
I
following Findings of Fact and Conclusions of Law, Decision and Order:
FINDINGS OF FACT
1. . The notice of public hearing on the application for rezoning was published
FINDINGS OF FACf AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4 ACRES FROM R-4 TO L-O
BY: CHERRY LANE CHRISTIAN CHURCH / (RZ-02-003) - 1
for two (2) consecutive weeks prior to said public hearing scheduled for November 12, 2002, and
continued to November 19, 2002, and continued again until December 3, 2002, before the City
Council, the first publication appearing and written notice having been mailed to property owners
or purchasers of record within three hundred feet (300') of the external boundaries ofthe property
under consideration more than fifteen (15) days prior to said hearing and with the notice of public
hearing having been posted upon the property under consideration more than one week before
said hearing; and that copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly considered
by the City Council at the November 12, 2002, and continued to November 19,2002, and
continued again until December 3, 2002, public hearing; and the applicant, affected property
owners, and govermnent subdivisions providing services within the planning jurisdiction ofthe
City of Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code "67-6509 and 67-6511, and Meridian City Code "11-15-5 and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Meridian City Code Title 11 and Title 12, and all current
zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolution No. 02-382, and maps and the ordinance Establishing the Impact
Area Boundary.
4. The property is approximately 4 acres in size and is located at 2511 W.
Cherry Lane, Meridian, Idaho, and said legal description is on file with the Clerk's office at
Meridian City Hall, 33 East Idaho, Meridian, Idaho.
FINDINGS OF FACf AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4 ACRES FROM R-4 TO L-O
BY: CHERRY LANE CHRISTIAN CHURCH / (RZ-02-003) - 2
5. The owner of record of the subject property is Cherry Lane Christian
Church, 2511 W. Cherry Lane, Meridian, Idaho.
6. The Applicant is owner of record.
7. The property is presently zoned as R-4, and contains an existing church
building.
8. The Applicant requests the property be rezoned to Limited
Office. (L-O).
9. The proposed site is bordered to the north, south, east and west by single
family residences zoned R-4.
10. The subject property is within city limits ofthe City of Meridian.
11. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the following
manner: The Applicant seeks zoning consistent with the existing church development, and to use
the property for a preschool/private school.
13. The Applicant's requested rezoning of the subject real property as L-O
which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which
designates the subject property as Public/Quasi-Public.
14. There are no significant or scenic features of major importance that affect
the consideration of this application.
15. In review ofthe application for rezone it is provided at Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4 ACRES FROM R-4 TO 1.-0
BY: CHERRY LANE CHRISTIAN CHURCH / (RZ-02-003) - 3
City Code ~ 11-15-11 for the General Standards that the Commission and Council review this
proposed zoning amendment and pursuant to the criteria of said section finds that:
15.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan;
15.2 The area included in the zoning amendment is not intended to be rezoned
in the future;
15.3 The proposed use will 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 ofthe same area, subject to the conditions of the
conditional use process;
15.4 The proposed use will not be hazardous or disturbing to existing or future
neighboring uses, subject to the conditions of the conditional use process;
15.5 The area will be served adequately by essential public facilities and
services such as highways, 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;
15.6 The use will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic
welfare ofthe community;
15.7 The use will 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;
15.8 The area will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
15.9 The use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
15.10 The proposed zoning will be in the best interest of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4 ACRES FROM R-4 TO 1.-0
BY: CHERRY LANE CHRISTIAN CHURCH / (RZ-02-003) - 4
15.2 Staff conditions provide as follows:
A. Adopt the Recommendations of the Planning and Zoning and Engineering Staff as
follows:
Site-Specific Conditions
1. The existing parking lot landscaping will be subject to ordinance 12-13-11-4 and
upgraded to meet current standards upon any significant parking lot replacement per said
ordinance.
2. The existing sign shall be granted legal, non-conforming status and become subject to the
provisions of ordinance 11-14-8.B.
Standard Rezone Conditions
1. Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance. Wells may be used for non-domestic purposes such
as landscape irrigation.
All signage in the proposed project shall be in accordance with the standards set forth in
Section 11-14 of the City of Meridian Zoning and Development Ordinance.
Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for
use of property.
All construction shall conform to the requirements of the Americans with Disabilities
Act.
Adopt the Recommendations of the Meridian Fire Department as follows:
Provide a fITe-flow as required by Appendix ill-A of the Uniform Fire Code.
All internal access roads within the project shall have a clear driving surface with a
minimum width of20'.
All modifications to the building will have to comply with the Building Code.
The project will have to comply with the Idaho State Fire Marshall's requirements for
Day Care Facilities.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
The Nampa & Meridian Irrigation District's Nine Mile Drain courses along the east
boundary and the Rutledge Lateral courses along the west boundary of the proposed
project. Any encroachments within the easement area or storm drainage discharge is
unacceptable without approved plans and a signed License Agreement.
2. A Land Use Change/Site Application is required.
2.
3.
4.
B.
1.
2.
3.
4.
C.
1.
16. It is found that the application was filed on 8/1102, just prior to the adoption of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4 ACRES FROM R-4 TO L-O
BY: CHERRY LANE CHRISTIAN CHURCH / (RZ-02-003) - 5
the new Comprehensive Plan, and is therefore technically under the policies of the 1993
Comprehensive Plan. The 1993 Comprehensive Plan designates the subject property as
"Existing Urban". The new Comprehensive Plan designates the property as "Public/Quasi-
Public". Churches are a quasi-public use. The requested L-O zoning is harmonious with both
the "Existing Urban" and "Public/Quasi-Public" designations and is in accordance with the
overall goals and policies of the Comprehensive Plan.
17. It is found that the proposed zoning amendment complies with the intended
zone(s) supported by the Future Land Use Map. The property is not intended for another rezone
in the future.
18. It is found that the existing church development is in accordance with the uses
permitted in the proposed L-O zone. Any other use would have to be considered under the
appropriate zoning review process.
19. The existing legal, non-conforming status of the church suggests that it may be
appropriate to rezone the area to make it a legal conforming use. The proposed rezone would
have such an effect on the church property.
20. It is found that the existing church use is appropriate and harmonious with
the existing area and that it will not change the essential character of the general vicinity (as it
has been there for many years). Any other uses, such as the proposed preschool/private school,
could be harmonious with the existing and intended character of the same area, if constructed and
operated appropriately. Any uses other than the church use will require zoning approval, as
determined by the Schedule of Use Control in the City's Zoning Ordinance.
21. It is found that the rezone to L-O should not be disturbing to existing or future
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4 ACRES FROM R-4 TO 1.-0
BY: CHERRY LANE CHRISTIAN CHURCH / (RZ-02-003) - 6
neighboring uses.
22. It is found that the proposed uses will be adequately served by all essential
public services and facilities.
23. It is found that the requested uses will not create excessive additional
requirements at public costs for public facilities and services. Additionally, it is found that the
proposed rezone would not be detrimental to the economic welfare ofthe community.
24. It is found that any proposed L-O zoned property will not involve uses,
activities, processes, materials, equipment, and conditions that are detrimental to the general
welfare ofthe community.
25. It is found that the proposed use will not interfere with general traffic patterns
on any public streets. ACHD has stated that the proj ect is expected to generate less than 10 new
vehicle trips per day on surrounding streets. School drop-ofli'pickup vehicle trips are considered
by ACHD as "pass-by" traffic that is likely to have already been on the roads anyway, and are
therefore not considered to be adding congestion.
26. It is not found that any natural or scenic feature will be lost, damaged or
destroyed by approval ofthis rezone. Nine Mile Creek runs adjacent to the subject property and
will not necessarily be affected by the rezone, but may be affected by the accompany Conditional
Use Permit (CUP) if the creek is piped. This issue will be explored in greater detail under the
CUP findings.
27. It is also found that the zoning amendment would be in the best interest of the
City by brining all existing non-conforming use into conforming status.
FINDINGS OF FACf AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4 ACRES FROM R-4 TO 1.-0
BY: CHERRY LANE CHRISTIAN CHURCH / (RZ-02-003) - 7
CONCLUSIONS OF LAW
1. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
2. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho
Code by the adoption of the Amended Comprehensive Plan City of Meridian adopted August 6,
2002, Resolution No. 02-382.
3. The requested zoning of Limited Office District, (L-O) is defined in the Zoning
Ordinance at 11-7-2 G as follows:
(L-a) Limited Office District: The purpose of the L-O District is to permit the
establishment of groupings of professional, research, executive, administrative,
accounting, clerical, stenographic, public service and similar uses. Research uses shall
not involve heavy testing operations of any kind or product manufacturing of such a
nature to create noise, vibration or emissions of a nature offensive to the overall purpose
of this District. The L-O District is designed to act as a buffer between other more intense
nonresidential uses and high density residential uses, and is thus a transitional use.
Connection to the Municipal water and sewer system of the City is a requirement in this
District.
4. Idaho Code ~ 67-6511 provides and requires that the City shall establish by
ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive
Plan and the ordinance establishing zoning districts can be amended with particular consideration
given to the effects of any proposed zone change upon the delivery of services by any political
subdivision providing public services, including school districts, within the City=s planning
jurisdiction and that it is in conformance with the Comprehensive Plan.
5. Idaho Code ~ 67-6511A provides:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4 ACRES FROM R-4 TO L-O
BY: CHERRY LANE CHRISTIAN CHURCH / (RZ-02-003) - 8
Each governing board may, by ordinance adopted or amended in accordance with the
notice and hearing provisions provided under section 67-6509, Idaho Code, require or
permit as a condition of rezoning that an owner or developer make a written commitment
concerning the use or development of the subject parcel. The governing board shall adopt
ordinance provisions governing the creation, form, recording, modification, enforcement
and termination of conditional commitments.
6. The City of Meridian by the adoption of Meridian City Code 911-15-12 has
exercised its authority to require or permit as a condition of rezoning that an owner or developer
make a written commitment concerning the use or development of the subject property.
7. ~ 11-6-1 ZONING DISTRICT MAP provides in part as follows:
The districts established in this Ordinance as shown on the Official Zoning Map, together
with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where
uncertainty exists with respect to the boundaries of any of the zoning districts as shown
on the Official Zoning Map, the following shall apply:
7.1 Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of-way lines, streams, lakes
or other bodies of water, the centerline shall be construed to be such boundary;
7.2 Where district boundaries are so indicated that they approximately follow the lot
lines, such lot lines shall be construed to be said boundaries;
7.3 Where district boundaries are so indicated that they are approximately parallel to
the centerlines or street lines of streets, or the centerlines or right-of-way lines of
highways, such district boundaries shall be construed as being parallel thereto and
at such distance therefrom as indicated on the Official Zoning Map. If no distance
is given, such dimensions shall be determined by the use ofthe scale shown on the
Official Zoning Map; and
7.4 Where the boundary of a district follows a railroad line, such boundary shall be
deemed to be located in the middle of the main tracks of said railroad line.
8. 9 11-15-11ofthe Meridian City Code GENERAL STANDARDS
APPLICABLE TO ZONING AMENDMENTS provides in part as follows:
The Commission and Council shall review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shall fmd adequate
evidence answering the following questions about the proposed zoning amendment:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4 ACRES FROM R-4 TO 1.-0
BY: CHERRY LANE CHRISTIAN CHURCH / (RZ-02-003) - 9
8.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan.
8.2 The area is not intended to be rezoned in the future.
8.3 The area is intended to be developed in the fashion that is allowed under the new
zonmg.
8.4 There has been no change in the area or adjacent areas which would dictate the
area should be rezoned.
8.5 The proposed uses will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character
ofthe general vicinity and that such use will not change the essential character of
the same area;
8.6 The proposed uses will not be hazardous or disturbing to existing or future
neighboring uses;
8.7 The area will be served adequately by essential public facilities and services such
as highways, 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;
8.8 The use 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;
8.9 The proposed uses will 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;
8.10 The area will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public streets;
8.11 The use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
8.12 The proposed zoning amendment is in the best interest of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4 ACRES FROM R-4 TO 1.-0
BY: CHERRY LANE CHRISTIAN CHURCH / (RZ-02-003) - 10
DECISION AN)) ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City
Council does hereby Order and this does Order:
1. The Applicant's request for rezone of approximately 4 acres for zoning
consistency with the existing church development, and to use the property for a preschool/private
school, subject to the terms and conditions of this Order hereinafter stated; and
2. The following special terms and conditions of use and development relate to this
application to-wit:
A. Adopt the Recommendations of the Planning and Zoning and Engineering Staff as
follows:
Site-Specific Conditions
1. The existing parking lot landscaping will be subject to ordinance 12-13-11-4 and
upgraded to meet current standards upon any significant parking lot replacement per said
ordinance.
2. The existing sign shall be granted legal, non-conforming status and become subject to the
provisions of ordinance 11-14-8.B.
Standard Rezone Conditions
1. Remove any existing domestic wells and/or septic systems within this project from their
domestic service per City Ordinance. Wells may be used for non-domestic purposes such
as landscape irrigation.
2. All signage in the proposed project shall be in accordance with the standards set forth in
Section 11-14 of the City of Meridian Zoning and Development Ordinance.
3. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13 for
use of property.
4. All construction shall conform to the requirements of the Americans with Disabilities
Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4 ACRES FROM R-4 TO 1.-0
BY: CHERRY LANE CHRISTIAN CHURCH / (RZ-02-003) - 11
B. Adopt the Recommendations ofthe Meridian Fire Department as follows:
1. Provide a fire-flow as required by Appendix ill-A of the Uniform Fire Code.
2. All internal access roads within the project shall have a clear driving surface with a
minimum widthof20'.
3. All modifications to the building will have to comply with the Building Code.
4. The project will have to comply with the Idaho State Fire Marshall's requirements for
Day Care Facilities.
C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. The Nampa & Meridian Irrigation District's Nine Mile Drain courses along the east
boundary and the Rutledge Lateral courses along the west boundary ofthe proposed
project. Any encroachments within the easement area or storm drainage discharge is
unacceptable without approved plans and a signed License Agreement.
2. A Land Use Change/Site Application is required.
3. The City Attorney shall prepare for consideration by the City Council the
appropriate ordinance for the re-designation of the zoning for the real property which is the
subject of the application to (L-O) Limited Office District (Meridian City Code ~ 11-7-2 G)
which ordinance shall be considered for passage.
4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this
Order, the engineering staff of the Public Works Department shall prepare the appropriate
mapping changes of the official Zoning Maps as provided in Meridian City Code 9 11-21-1 in
accordance with the provisions of the rezoning ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4 ACRES FROM R-4 TO 1.-0
BY: CHERRY LANE CHRISTIAN CHURCH / (RZ-02-003) - 12
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code 9 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 rezoning
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.
By action of the City Council at its regular meeting held on~\wL \l ,2002.
ROLLCALL
COUNCILMAN KEITH BIRD
VOTED~
COUNCILWOMAN TAMMY deWEERD
VOTED~
COUNCIL WOMAN CHERIE McCANDLESS
VOTED~
COUNCILMAN WILLIAM L.M. NARY
VOTED Ft'vJ~
MAYOR ROBERT CORRIE (TIE BREAKER)
DATED: l'2..-\\-D'2...
VOTED -
MOTION: ~
APPROVED:
DISAPPROVED:
By: ~ SI~1f.d: -03
City Clerk ; 7. t'> ~
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4 ACRES FROM R-4 TO 1.-0
BY: CHERRY LANE CHRISTIAN CHURCH / (RZ-02-003) - 13