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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 15,2007
SUBJECT:
Hearing Date: March 15, 2007
Planning & Zoning Commission
Sonya Watters, Associate City Plamer
(208) 884-5533
LDS Church
. RZ-07 -004
STAFF REPORT
TO:
FROM:
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Bob Niblett of Niblett & Associates Architects, has applied for a Rezone (RZ) of 7.23
acres from R-4 (Medium Low-density Residential) to L-O (Limited Office) for property owned by the
LDS Church. The current church use of the property is a nonconforming use in the R-4 zone. The
applicant is requesting an L-O zone, in which churches are principal permitted uses. A change in use,
or an expansion of the church, is not proposed with this application. The site is located on the southwest
comer W. Cherry Lane and W. 2nd Street, approximately ~ mile west ofN. Meridian Road, in Section 12,
Township 3 North, Range 1 West, B.M. The subject property is located at 1615 W. 2nd Street and extends
between W. 2nd Street and W. 4th Street. The subject property is composed of one parcel, is referenced as
Assessor's Parcel Number S12l2l10350, and has not been previously platted. The site contains one
existing church building and associated structures. This property is within the Urban Service Planning
Area and the corporate boundaries ofthe City of Meridian.
2. SUMMARY RECOMMENDATION
Staff recommends approval of RZ-07-004, as presented in the staff report for the hearing date of
March 15, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the Development
Agreement provisions listed in Section 10 and Exhibit B of the staff report.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the
City Council of File Number RZ-07-004 as presented in the staff report for the hearing date of
March 15, 2007, with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial to the
City Council of File Number RZ.07.004 as presented during the hearing on March 15, 2007, for
the following reasons: (State specific reasons for denial of the rezone request.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number RZ-
07-004 to the hearing date of (insert continued hearing date here) for the following reason(s):
(State specific reason(s) for a continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
1615 W. 2nd Street (Parcel No. S12l2ll0350)
N. E. ~ of Section 12, T.3N., R.lW.
LDS Church RZ
RZ-07-004
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 15,2007
b. Owner:
The Church of Jesus Christ of Latter Day Saints
1615 W. 2nd Street
Meridian, ill 83642
c. Applicant:
Bob Niblett, Niblett & Associates Architects
3629 N. Cole Road
Boise, ill 83704
c. Representative: Bob Niblett, Niblett & Associates Architects
d. Present Zoning: R-4 (Medium Low-density Residential)
e. Present Comprehensive Plan Designation: Public/Quasi-public
f. Applicant's Statement/Justification:
Per the applicant's narrative submitted with the application, "The subject church parcel is
located in a non-conforming zone. It is currently zoned R-4 which does not allow churches,
even in a conditional use process. The previous code also did not allow churches in an R-4.
Sometime in the past the parcel was zoned incorrectly. The future land use map shows this
parcel as being public/quasi-public. The adjacent parcels are currently zoned L-O. Based on
the land use map we request this parcel be rezoned to L.O to conform to the vision of the
Comprehensive Plan."
5. PROCESS FACTS
a. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By
reason of the provisions ofUDC ll-5A-2D, a public hearing is required before the Planning &
Zoning Commission and City Council on this matter.
b. Newspaper notifications published on: February 26th, and March 12th, 2007
c. Radius notices mailed to properties within 300 feet on: February 16th, 2007
d. Applicant posted notice on site by: March 2nd, 2007
6. LAND USE
a. Existing Land U see s): Church
b. Description of Character of Surrounding Area: The surrounding uses in this area include
single-family residences and offices.
c. Adjacent Land Use and Zoning
1. North: Offices, zoned L.O
2. East: Single-family residences, zoned R-4; northeast: property zoned 0- T
3. South: Single-family residences, zoned R-4
4. West: Single-family residences, zoned R-4 & R-8; and offices, zoned L-O
d. History of Previous Actions: NA
e. Existing Constraints and Opportunities:
LDS Church RZ
RZ-07 -004
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 15,2007
1. Public Works
Location of sewer: This building is already serviced.
Location of water: This building is already serviced.
Issues or concerns: The building on site is currently being serviced by City of
Meridian services and Public Works has no concerns with this application.
2. Vegetation: NA
3. Floodplain: NA
4. Canals/Ditches Irrigation: NA
5. Hazards: NA
6. Proposed Zoning: L-Q (Limited Office)
7. Size of Property: 7.23 acres
f. Summary of Proposed Streets and/or Access:
Access to the site is currently provided from W. Cherry Lane and W. 2nd Street. No new access
points are proposed or approved with this application.
7. COMMENTS MEETING
On February 23, 2007, Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works
Department, and the Sanitary Services Company. Staff has included all comments and recommended
actions in the attached Exhibit A. Because this is only a rezone application, there are no conditions of
approval.
8. COMPREHENSIVE PLAN
The subject property is designated on the Comprehensive Plan Future Land Use Map as "Public/Quasi-
public." The Comprehensive Plan defines the Public/Quasi-public district as: "Areas are designated to
preserve and protect existing private, municipal, state, and federal lands for area residents and visitors.
This category includes churches and public lands (excluding parks and schools) within the Area of
hnpact. "
The applicant is requesting to rezone this property to L-O. A church is a principal permitted use in all of
the commercial zones (L-O, C~N, C-C, & C-G) and a conditional use in industrial and certain residential
zones (I-L, I-H, R-8, R~15, & R-40); but is prohibited in the R-2 and R-4 zones. The Comprehensive Plan
Future Land Use Map designation for this property is "Public/Quasi-public." The UDC does not have a
public/quasi-public zone. The least intense zone in which churches are a pennitted use is the L-O zone.
Staff believes that the requested L-O zoning designation for this property for a church complies
with the intent of the Comprehensive Plan for the existing and future land use of this property.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC ll-2B-2 lists churches or places of religious worship as
principal permitted uses in the requested L-Q zone,
b. PUIpose 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 (4)
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."
LDS Church RZ
RZ-07-004
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 15,2007
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
REZONE ANALYSIS:
The current church use of this property is not proposed to change. Churches are prohibited in the R-
4 zone making the current use a non.conforming use. Rezoning the property to L-O will allow the
church to operate as a permitted use in the zone. As a permitted use, the church will be able to
obtain a permit for a sign and expand the existing use, if so desired.
The applicant has not submitted a site plan or elevations with this application as there are no
changes proposed to the site or building at this time. The applicant only wishes to rezone the
property at this time. However, Staff understands that the Church does anticipate an expansion in
the near future.
The applicant's request to rezone the property to L-O is generally compatible with the surrounding
zoning. The property to the west and north is currently zoned L-O. Based on the compliance of the
current church use in the proposed L-O zone with the Unified Development Code and the general
conformance with the policies and goals contained in the Comprehensive Plan, staff believes that
rezoning the subject property from R-4 to L-O is justifiable. Please see Exhibit D for detailed
analysis of the required facts and fmdings for rezoning.
The legal description for the proposed rezone submitted with the application (prepared on February
13,2007, by Darren Leavitt, PLS) shows the property within the existing corporate boundary ofthe
City of Meridian.
The applicant is not proposing any new access points with the subject rezone. Fourth Street, which
abuts the site on the west, has not been fully constructed or improved. Currently, W. 4th Street is
improved with a single traffic lane, 18 feet of pavement, with no curb, gutter, or sidewalk abutting
the site. There is 55 feet of right -of-way existing for W. 4th Street north of the rezone area and 0 feet
of right-of-way abutting the site. ACHD recently approved a development application (Deklan
Subdivision) for a site on W. 4th Street south of the site, which was required to dedicate right.of.
way and construct the unimproved portion ofW. 4th Street as a 36-foot wide street section complete
with curb, gutter, and sidewalk abutting that site. ACHD and City Staff believe that this property,
once new development is proposed, should also have to improve W. 4th Street abutting the site.
Prior to approval of Certificate of Occupancy for expansion of the existing use, or a change in use,
the City of Meridian will require that the applicant dedicate right.of-way and construct W. 4th Street
along the entire site frontage of the subject property. The City, through comments received from
ACHD staff, is requiring the applicant to complete W. 4th Street and construct curb, gutter and 5-
foot wide attached concrete sidewalk from the north boundary to the south boundary of the subj ect
property. This segment of W. 4th Street should be constructed as a transitioning roadway because
the right-of-way shifts slightly to the west, to satisfy current ACHD street section standards and
other policies in effect. The applicant should coordinate the design and construction ofW. 4th Street
abutting this site with ACHD Staff. City Staff has provided the W. 4th Street improvements as one
of the Development Agreement (DA) provisions for allowing the subject rezone. This improvement
should occur through the CZC review and approval process and be complete prior to occupancy of
any expansion or change in use on the site. (see Exhibit B of this staff report for the DA
provisions) .
Development Agreement: UDC ll-5B-3D2 provides the Planning & Zoning Commission and
City Council the authority to require a property owner to enter into a Development Agreement with
the City of Meridian that may require some written commitment for all future uses. Due to Staff's
request that right-of-way be dedicated and W. 4th Street be constructed with curb, gutter, and
LDS Church RZ
RZ-07-004
PAGE 4
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 15, 2007
sidewalk, on the west boundary of the site, staff believes that a Development Agreement is
necessary to ensure that these improvements are completed. If the Commission or Council
feels additional development agreement requirements are necessary, staff recommends a clear
outline of the commitments of the developer being required.
A Development Agreement (DA) will be required as part of the rezone of this property. Prior to the
annexation and rezone ordinance approvals, a DA shall be entered into between the City of
Meridian, the property owner(s) (at the time of rezone ordinance adoption), and the developer. The
applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council
approval to initiate this process. The DA shall include, at a minimum, the following:
. Prior to issuance of occupancy for an expansion of the church or a change in use on this
site, the applicant shall dedicate right-of-way and improve W. 4th Street along the entire
western boundary. The applicant shall coordinate the design and construction of W. 4th
Street abutting this site with ACHD Staff. This improvement shall occur through the
Certificate of Zoning Compliance (CZC) review and approval process and be deemed
complete by ACHD prior to occupancy of any expansion or change in use on the site.
b. Staff Recommendation: Staff recommends approval of the proposed Rezone (RZ-07-004)
based on the Findings of Fact as listed in Exhibit D and subject to the Development
Agreement provisions listed in Section 10 and Exhibit B of the staff report
11. EXHIBITS
A. Drawings
1. Vicinity Map
B. Agency Comments
1. Planning Department
2. Fire Department
3. Police Department
4. Ada County Highway District
C. Legal Description & Exhibit Map
D. Required Findings from Unified Development Code
LDS Church RZ
RZ-07 -004
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 15,2007
A. Drawings
1. Vicinity Map
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PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 15,2007
B. Agency Comments
1. PLANNING DEPARTMENT
1.1 The rezone legal description submitted with the application (stamped on February 13, 2007, by
Darren Leavitt, PLS) shows the property within the existing corporate boundary of the City of
Meridian.
1.2 Prior to the rezone ordinance approval, a Development Agreement shall be entered into between
the City of Meridian, the property owner(s) (at the time of rezone ordinance adoption), and the
developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months
of Council approval to initiate this process. The DA shall include, at minimum, the following:
. Prior to issuance of occupancy for an expansion of the church or a change in use, the
applicant shall dedicate right-of-way and improve W. 4th Street along the entire western
boundary of this site. The applicant shall coordinate the design and construction of W. 4th
Street abutting this site with ACHD Staff. The W. 4th Street roadway improvement shall
occur through the Certificate of Zoning Compliance (CZC) review and approval process
and be deemed complete by ACHD prior to occupancy of any expansion or change in use
on the site.
2. FIRE DEPARTMENT
2.1 The proposed project has no fire department concerns.
3. POLICE DEPARTMENT
3.1 The Police Department has no concerns related to the proposed application.
4. ADA COUNTY HIGHWAY DISTRICT
This application is for a rezone only. Listed below are some of the site specific conditions of
approval that the District may require when it reviews a future development application
(additional site spec~fic requirements may be levied with a specific redevelopment application).
4.1 CHERRY LANE RIGHT-OF-WAY & ACCESS MANAGEMENT POLICY
4.1.1 District policy requires l20-feet of right-of-way on arterial roadways (Figure 72-F1B). This
right-of-way allows for the construction of a 7-lane roadway with vertical curb, gutter and 5-foot
detached concrete sidewalks.
4.1.2 District policy 7207.8 states that direct access to arterials and collectors is normally restricted.
The developer shall try to use combined access points. lfthe developer can show that the use of a
combined access point to a collector or arterial street is impractical, the District may consider
direct access points. Access points for proposed developments at intersections should be located
as far from the intersection as practical, and in no case closer than as illustrated on Figure 72-F4,
unless a waiver for the access point has been approved by the District Commission.
4.2 LOCAL STREET FRONTAGE
4.2.1 District policy 7204.4.1 and Figure 72~FlA requires 50-feet of right-of-way on local streets. This
right-of.way allows for the construction of a 2-lane roadway with curb, gutter and 5-foot wide
concrete sidewalks.
4.2.2 District policy 7204.4.2 states, "developments with any buildable lot that is less that I-acre in size
will typically provide streets having a minimum pavement width of 32-feet with curb, gutter and
sidewalks. The total street width shall be 36-feet from back-of-curb to back-of-curb. Concrete
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 15,2007
sidewalks shall be a minimum of 5-feet in width unless they are separated from the curb 5-feet or
more in which case the sidewalk shall be a minimum of 4-feet in width.
4.2.3 District policy 7203.4.2 states "if a proposed development abuts an unpaved street or streets the
developer shall construct one-half of the full street improvements, including curb, gutter and
concrete sidewalk plus additional pavement widening beyond the centerline established for the
street to provide a minimum 24-feet wide paved surface. A 3-foot wide gravel shoulder and a
drainage swale sized to accommodate the roadway storm runoff shall be constructed on the
unimproved side. This street section shall be constructed within a minimum 40-foot right-of-
way."
4.2.4 District policy 7203.3 states that if the development is served by a public road less than 24-feet
wide, the developer shall widen the pavement to a minimum of 24-feet wide, the developer shall
widen the pavement to a minimum of 24-feet or add 3-feet of additional pavement to the existing
road, which ever is greater.
4.3 DRIVEWAYS
4.3.1 Graveled driveways abutting public streets create maintenance problems due to gravel being
tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be
required to pave the driveway its full width and at least 30-feet into the site beyond the edge of
pavement of the roadway and install pavement tapers with l5-foot radii abutting the existing
roadway edge.
4.3.2 District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000
vehicles to a maximum width of 36-feet. Most commercial driveways will be constructed as curb-
cut type facilities iflocated on local streets. Curb return type driveways with l5-foot radii will be
required for driveways accessing collector and arterial roadways.
Staff recommends that the applicant and/or representative schedule a pre-application meeting
with District Staff prior to design and submittal of a formal development application.
5. PUBLIC WORKS
5.1 Public Works has no concerns with the proposed zone change.
Exhibit B
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 15,2007
C. Legal Description & Exhibit Map
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Land Surveying,lnc~
GPS, BOUNDA.RY,
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1121 E. StaN street · Suite 115 · Eagle. Idaho 83616 · offi~: 1.218.93',7371 . fax: 1-288-'3'-7321
Job No. 07115
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LEGAL DESCRIPTION.
I'OR
LDSCHURCH
Rezone for property at Cherry Lane&. West 2- Street ill Meridian
A pOrtion oflbe Northeasll 14 of the Northeast 114 of Section) 2, Township 3 North,
Range 1 West orlbe Boise Metidiandescribed as. follows:
Commencing at the NortheaSt Comer of Section 12, Township 3 North. Range 1 Wcstof
the Boisc Meridian and running thence S 89049') 0" W 662.00 feet along the North line
of said section to thePOIN"C OF BEGINNING (said point being the intersection oithe
centerline of Cherry Lane and the West right.,or~way of West 2M Street ex:t~ed); thence
S 0"20'30" E 695,88 feet along said right-of~way; thence S 89"49'35" W 601.15 feet to
the centerline ofWc5t 41l1-Street; thence N 0"18'16" W 400.81 feet along said centerline;
thence N 89"49' J 0" E 330.00 feet; thenceN 0018'16" W 295.00 feet to the North line of
said $eCtion and also the centerline of Cherry Lane; thence N 89049'10" E 270.70 feet to
the point of beginning.
Patcel eonUsins 7.36 acres.
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 15,2007
REZONE MAP
PART OF THE HE 1/4 OF THE HE 1/4 OF
SECTION 1.8, To 3 N., R. J "',9.M.
ADA COUNTY. IlJAHO
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CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 15,2007
D. Required Findings from Unified Development Code
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:
a. The map amendment complies with the applicable provisions of the Comprehensive Plan;
The applicant is proposing to rezone the subject property to the L-O zone in which churches are
principal pennitted uses. The Comprehensive Plan includes churches as one example of a
public/quasi-public use. Staff fmds that the proposed zoning map amendment is generally
compatible with the applicable provisions of the Comprehensive Plan. Please see Comprehensive
Plan Policies and Goals, Section 8, of the Staff Report.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Staff finds that churches are principal pennitted uses within the requested zoning district of L-O.
Staff believes that the existing church use on the property provides for the service needs of the
community and complies with the purpose statement of the commercial district. Staff fmds that the
current church use is harmonious with, and appropriate in appearance with, the existing and
intended character of the surrounding area. Staff recommends that the Commission and Council
rely on staffs analysis, public testimony received and any comments submitted from any other
agencies or departments regarding whether this property should be rezoned as proposed.
c. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety,
or welfare. Staff does not anticipate the proposed rezone and subsequent uses will create excessive
traffic, noise, smoke, fumes, glare, or odors. Staff recommends that the Commission and Council
rely on any oral or written testimony that may be provided when determining this finding.
d. 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.
Exhibit D