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Home My WebLink AboutLDS Church RZ-07-004 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Rezone of 7.23 Acres from R-4 to L-O, by the LDS Church Case No(s). RZ-07-004 For the City Council Hearing Date of: April 10, 2007 (Findings on the April 24, 2007, City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 10, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 10, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 10,2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 10, 2007, 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. 967-6503). 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 S II-SA. 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-07-004 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 provisions of the Development Agreement contained in the attached Staff Report for the hearing date of April 10, 2007, 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 9 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Rezone as evidenced by having submitted the legal description and exhibit map stamped and dated February 13, 2007 by Darren Leavitt, PLS, is hereby conditionally approved; and, 2. A Development Agreement is required with approval of the subject rezone and shall include the provisions noted in the attached Staff Report for the hearing date of April 10, 2007, incorporated by reference. D. Attached: Staff Report for the hearing date of April 10, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-004 By action of the City Council at its regular meeting held on the ~ 2. ,2007. , COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMYdeWEERD 24-edayof VOTED - VOTED ~ VOTED ;;v-- VOTED ~ VOTED ~ ~-4V 'd~ MA YO~J\ /4e WEERD \\\\ ~IIII \\\\ :\""" ~~ ............... $'-'- 0 r0A.11; ~ ~. ~ 2, <\o~ ~ 0 ~ ~~ ,~. SI&AL ~ WILLIAM G. BERG, JR., CI CiERJf 74-. "I D f ~ "10 '~r 13' ' ..;:- ~ "/" 1<f - ~",-" /..;, (\.-,.. n, " ...... \" . / . ......Ifl/-VUNT' . \\\\\ v ApplIcant JUJUflllll\\III\ v Planning Department V Public Works Department ........... City Attorney BY:~~ Sty Clerk's Office ATTEST: Copy served upon: Dated: ~ - 2Lo. 0 -, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-004 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10,2007 SUBJECT: Hearing Date: Apri1lO, 2007 Mayor & City Council Sonya Watters, Associate City Planner (208) 884-5533 LDS Church . RZ-07 -004 Rezone of 7.23 acres from R-4 (Medium Low-density Residential) to L-O (Limited Office) J oU;;di~\ ,;>, m.\Hoj ~"-" ,I'm 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 on 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 S1212110350, 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 of the 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. The Meridian Plannine and Zonine Commission heard this item on March 15. 2007. At the public hearine the Commission voted to recommend approval. a. Summary of Commission Public Hearine: i. In favor: Bob Niblett (Applicant's Representative) ii. In opposition: None Hi. Commentine: AI Borton (in support of extendine W. 4th Street) iv. Written testimony: None v. Staffpresentine application: Sonya Watters vi. Other staff commentine on application: Caleb Hood b. Kev Issues of Discussion bv Commission: i. The requirement for the applicant to dedicate rieht-of-wav and improve W. 4th Street prior to occupancy for an expansion of the church or a chanee in use on the site: ii. Rezonine only the northeast portion of the site and not the portion on the west side adiacent to W. 4th Street so that W. 4th Street could be improved with development of the west portion: c. Key Commission Chanees to Staff Recommendation: i. None d. Outstandine Issue(s) for City Council: LDS Church RZ RZ-07 -004 PAGE I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10,2007 i. Requiring: the applicant to dedicate rig:bt-of-way and improve W. 4th Street alonl! tbe entire western boundary of the site prior to occupancy of any churcb expansion or a cbanl!e in use on the property (currentlv required with the proposed Development Ag:reement listed in Exhibit B). The Meridian Citv Council heard this item on Anrill0. 2007. At tbe nublic hearin!! thev annroved the suhiect RZ reouest. a. Summary of Citv Council Public Hearin\!: i. In favor: Bob Niblett. Niblett & Associates Architects (Annlicant's Renresentative) ii. In oDDosition: None ill. Commenting: Christy Richardson (ACHD) iv. Written testimony: None v. Staff nresentin\! aDnlication: Anna Cannin!! vi. Other staff commentin!! on annlication: None b. Kev Issues of Discussion bv Council: i. The dedication of ri!!ht-of-wav and imnrovement of W. 4th Street as reouired in the Develonment AfJreement bv Staff . c. Kev Council Changes to Commission Recommendation: i. None 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number RZ- 07-004 as presented in the staff report for the hearing date of April 10, 2007, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number RZ-07- 004 as presented during the hearing on April 10, 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. S1212110350) N. E. ~ of Section 12, T.3N., R.1 W. 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 LDS Church RZ RZ-07-004 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10,2007 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 detennined by City Ordinance. By reason of the provisions ofUDC II~5A-2D, a public hearing is required before the Planning & Zoning Cormnission and City Council on this matter. b. Newspaper notifications published on: February 26th, and March lih, 2007 (Cormnission); March 19th. 2007. and April rd, 2007 (Citv Council) c. Radius notices mailed to properties within 300 feet on: February 16th, 2007 (Cormnission); March 16th, 2007 (Citv Council) d. Applicant posted notice on site by: March 2nd, 2007 (Cormnission); April 3.d. 2007 (Citv Council) 6. LAND USE a. Existing Land Use(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 O-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: 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. LDS Church RZ RZ-07 -004 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10,2007 2. Vegetation: NA 3. Floodplain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: NA 6. Proposed Zoning: L-O (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 Impact." 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 permitted 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 11-2B-2 lists churches or places of religious worship as principal permitted uses in the requested 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 (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." 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE ANALYSIS: LDS Church RZ RZ-07 -004 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10,2007 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 findings 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 of the 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 11-5B-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 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. LDS Church RZ RZ-07-004 PAGE 5 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10,2007 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. The Meridian Planning: and Zoning: Commission heard this item on March 15.2007. At the public hearing: the Commission voted to recommend approval. The Meridian Citv Council heard this item on AnrillO. 2007. At the DubHe hearin!! thev annroved the subiect RZ reouest. 11. EXHmITS 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 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10,2007 A. Drawings 1. Vicinity Map ~ ] i 7 ! /1----............... '\........ J/........) 'y-- ~" \ ~, l'-<r~! I I ~( / ~///'l ~/I ~/ / I Z<( ~ ~ '" w :::;; -'"""~ FAI RVI EW !.tM z << :::;; LDS Church RZ RZ-07-004 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10,2007 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 specific 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 120-feet of right-of-way on arterial roadways (Figure 72-FIB). 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. If the 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-FIA 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 APRIL 10, 2007 sidewalks shall be a minimwn 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 minimwn 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 minimwn 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 I5-foot radii abutting the existing roadway edge. 4.3.2 District policy 7207.9.3 restricts commercial driveways with daily traffic volwnes 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 I5-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 DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10,2007 C. Legal Description & Exhibit Map ARRHw . . . · Land Surveying, Inc. GPS,BOUNbARY, mPooRAPHICAND A.(;'.T.A. SURVEYS CONSTRTJCTION .S1AKlNG 3D SCANNING 1121 E. State Street · Suite 185 · Eagle. Idaho 83616 · office: 1-218-939-7373 · fax: 1,2'8,939-1321 Job No.07U5 .]'-'2S~Q7 D.ltL. LEGAL DESCRIPTION FOR LOSCHURCR Rezone for properly at Cherry Lane & West 2" Street ill Meridiao Apartion QftheNorthe$lit ] /4 oftheNorthewit 1/4 of Section 12, Township 3 North, Range 1 West of the Boise Meridian described as follows: CtumnericIDg at the Northeast comer of Section 12. T OWD9hip 3 North, Range 1 West of the Boise Meridian and runnjog thcncc S 89049'] 0" W 662.00 feetalOQg the North line of said section to the POINT OF BEGINNING (said point being the intersection of the centerline. ofCbmy Lane and the West right-of-way of West 2M Street: eXtem:Jed); thence S 0"20'30" E 695.88 feet along said right..of-way~ thence S89"49'3S"W 601.15 fed to tbecenterline of WeSt 411I Street; thence N 0"18'16" W 400.81 feet along Sl\id ~line~ thence N 89"49~10" E 330.00 feet; tbcDceN 0018']6"' W 295.00 feet to 1he North linear said *tion imd also the centerline of CherryLarie; thence N 89Q49'10" E 270,70 feet to me point of beginning. P~LlXlntains 7.36 aCreS. ~~~ ~~- ~@ \ J 7C. ..0\;..,1:; IOkIOII\"'. o'E." lI'.(JQ.::tv-s Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL to, 2007 REZONE MAP PART OF THE N8 1/4 OF THE HE 1/4 OF SECTION III T. 3 N. R 1 "-,B.M. ADA ' COTmrr." J1W10 _1AItI ++ ~~f.ii"TJiI' - - ~ - - itrw- i I : 1 I Ii ~: , . I I , I - I I I I I II I I 'U~ I i' I Rf.V 1.$ ~ I IIIl I fS'f . I I rt8 I I r.\~f\l\lIA'"I'UaL\''' W()Rf\!> m.P;, I j f I - Exhibit C "I - T : r ,- II 1 I I I I I I I , , I' 'I ~ I I 1& ~ I .11I1 I III i , i I I I I II , I ' , I ..LL_ -- I i .. :.. ..i' lILft"" tJ-.J" T (--) IliIII*_t1t .. LEGEND -.... --~~' -- ............,"-,.- .-..-~ StJRttYOR'S C8It1'tF/CA'J'E ~ ~'- ~ 1It1,......~NI.t..tIi :r==.':~"'''"'I.e.'I"~'~ ~__"". ... i1Z;:;tr;:.;;;r.,; -" , -.-.- e -....-- __. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 10,2007 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-Q zone in which churches are principal permitted uses. The Comprehensive Plan includes churches as one example of a public/quasi-public use. The Council finds 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; The Council finds that churches are principal permitted uses within the requested zoning district of L-Q. The Council 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. The Council finds that the current church use is hannonious with, and appropriate in appearance with, the existing and intended character of the surrounding area. Staff recommends that the Commission and Council rely on staff's 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; The Council fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Council 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 fmding. 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, The 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. Exhibit D