HomeMy WebLinkAboutSchedule Use Control AmendmentApril 14, 2003
MERIDIAN PLANNING & ZONING MEETING April 17, 2003
APPLICANT ITEM NO. Jr
REQUEST Public Hearing -Amended Zoning Ordinance Meridian City Code 17-&l, Schedule
of Use Control, to allow churches in R-40, I-Land C-G zones
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
COMMENTS
See attached leffer
See attached Draff Ordinance Q~~ ~~~~~
Cl V
Contacted: Date: Phone:
Materials presented at public meetings sfmll become properly of Me City of Meridian.
Good afternoon Steve Page 1 of 1
RECEIVIEI)
Tara Gn:en MAR 1 $ 2Q03 _
From: Steve Sktdoway (siddowas~meridiancity.org] City Of Meridian
Sent: Tuesday, Maroh 18, 2003 8:39 AM
To: Tara Green; 'Jessica Johnson'
Cc: 'Kristy Vigil'
City Clerk Office
Subject: FW: Amended Zoning Schedule of Use Control to allows churohes in R-40, I-L and C-G zones
Please schedule the attached ordinance for the April 17 P&Z public hearing. Call me if you have any
questions.
Steve
-----Original Message-----
From: Marlene St.George [mailtp:rrnt~whitepeterson.COM]
Sent: Thursday, March O6, 2003 3:25 PM
To: 'siddowas~rmeridiancity.org'
Cc: 'Brad Hawkins-CIarM; Bill Nichols
Subject: Amended Zoning Schedule of Use Control to allows churches in R~FO, I-L and C-G zones
Good afternoon Steve. I hope you are feeling much better and that you have been able to bounce back into
your workload. Attached you will find the Ordinance on the above matter. 1 am forwarding on to you for
review and for you to have this matter placed upon an upcoming Planning and Zoning agenda. Ycu can print
the ordinance then fonroard K to the Clerk's office for placement upon a P & Z agenda. If you should have any
questions on this matter, please give me a call. Thanks, Marlene
3/18/2003
.RECEIVED
MAR 1 ~ ~J~3
City Of Meridian
City Clerk Office
CITY OF MERIDIAN
ORDINANCE NO.03-
BY:
AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 1 B
COMMERCIAL OF CHAPTER 8 OF TITLE 11 OF THE MERIDIAN CITY
CODE TO ALLOW CHURCHES IN ADDITIONAL ZONES AS A
CONDITIONAL USE IN THE ZONING SCHEDULE OF USE CONTROL
ORDINANCE; PROVIDING CONFLICTS, VALIDITY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE TT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1: That Section 1 B Commercial of Chapter 8 of Title 11, be, and the same is
hereby amended by adding additional zones to the Zoning Schedule of Use Control
ordinance, and the same shall read as follows:
11-8-1: ZONING SCHEDULE OF USE CONTROL:
B. COMMERCIAL
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 8 SECTION 1-Page 1
B COMMERCIAL OF THE ZONING SCHEDULE OF USE CONTROL TO ALLOW
CHURCHS IN THE R-40, I-L AND C-G ZONES
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SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
SECTION 3: VALIDITY: The Meridian City Council hereby declares that any
section, paragaph, sentence or word of this Ordinance as adopted and amended herein be
declared for any reason to be invalid it is the intent of the Meridian City Council that it
would have passed all other portions of this Ordinance independent of the elimination
here from of any portion as may be declared invalid.
SECTION 4: SAVINGS CLAUSE: This Ordinance does not affect an action or
proceeding commenced or right accrued before this Ordinance takes effect.
SECTION 5: DATE OF EFFECT: This Ordinance shall be in full force and effect
after its passage, approval and publication, according to law.
PASSED BY THE CITY COUNCII. OF THE CITY OF MERIDIAN, IDAHO,
this day of , 2003.
APPROVED BY THE MAYOR OF THE CTfY OF MERIDIAN, IDAHO, this
day of , 2003.
Mayor Robert D. Corrie
Attest:
City Clerk
First Reading:
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code
50-902 Yes: No:
Second Reading:
Third Reading:
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 8 SECTION 1-Page 6
B COMMERCIAL OF THE ZONING SCHEDULE OF USE CONTROL TO ALLOW
CHURCHS IN THE R-40, I-L AND CJG ZONES
STATE OF IDAHO,)
Coumy of Ada.
ss.
On this day of , 2003, before me, the
undersigned, a Notary Public in and for said State, personally appeared ROBERT D.
CORRIE and W1I,LIAM G. BERG, JR., known to me to be the Mayor and City Clerk of
the CITY of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
(SEAL) NOTARY PUBLIC FOR IDAHO
RESIDING AT:
MY COMMISSION EXPIItES:
Z:1Work\M\MoridianlMeridian 16360M\Ordinances City Ha1h2003 Ord\OrdAmdl 1-8-1 Zoning Schedule of Use Control to allow
churohs in R-40,1-L .@ CG zonea.doc
AMENDMENT TO ZONING ORDINANCE TITLE 11 CHAPTER 8 SECTION 1-Page 7
B COMMERCIAL OF THE ZONING SCHEDULE OF USE CONTROL TO ALLOW
CHURCHS IN THE R-40, I-L AND C-G ZONES
Page 1 of 1
Robert Corrie
From: Brad Hawkins-Clark [hawkinsb~ci,meridian.id.us]
Sent: Wednesday, February 19, 2003 11:56 AM
To: 'Bob Corrie'; bergw(r~ci.meridian.id.us; greent@ci.meridian.id.us
Cc: 'Bill Nichols'; 'Tammy de Weerd'
Subject: 2-25 Pre-Council Request
I'd like to request aPre-Council agenda item for the 2-25 meeting to discuss a potential Zoning Ordinance
amendment to allow churches as conditional uses within the R-8, R-40, I-L and C-G zones. This is a follow-up to a
meeting Bill Nichols and I had with Calvary Chapel re. city compliance with the federal Religious Land Use and
Institutionalized Persons Act (RLUIPA).
Thank you,
Brad Hawkins-Clark
2/19/03
interoffice
MEMORANDUM
FF~ 18 ?_Qfl3
To: Mayor Robert D. Come and City Council Members City of Meridian.
City Clerk Office
Cc: Brad Hawkins-Clark, teve Siddoway
From: Wm. F. Nchols
Subject:
Date: February 12, 2003
Tn late December, the City received a letter from the Pastor at Calvary Chapel
Meridian which, when viewed in light of the materials that accompanied the letter, can be viewed
as "threatening". Calvary Chapel Meridian has been looking for a space to locate its church and
has discussed the possibility of putting its church in leased space neaz the Campbell's Siding on
Baltic, north of Franklin Road. Churches are not permitted, under our cwrent code, in Industrial
zones.. As you can see from Pastor Jacobson's letter, he makes references to the Religious Land
Use and Institutionalized Persons Act (RLUIPA), which is the federal law mandating deference
for religious uses in zoning decisions. A copy of Pastor Jacobson's letter, minus the
accompanying materials, is attached to this memo.
As I read RLUIPA, a city is not precluded from applying its zoning ordinances to
churches, but has to be careful about how it does so. While churches are generally not permitted
in Industrial zones, neither are clubs and lodges, and thereby meeting places, whether secular or
spiritual aze treated the same.
It would be my recommendation that the City consider amending the Zoning
Schedule ofUse Control to allow churches as conditional uses in two additional zones, those
being the R-40 and Industrial zones. These additions would give us sufficient inventory of land
for Permitted and Conditional Uses for churches. It would also allow the City to entertain an
application from Calvary Chapel Meridian to use this space qn Baltic.
If you wish to discuss this at aPre-Council meeting, please let me know.
z:iwoa<~imtnia~~uu~a~ isscaNncai~~y cn~~i ~;m,~~yWc~i t~ oz iz os.a«
' Calvary
~ Chapel P•a. Box 65 • Meridian, Idaho • 83680 • (208) 887-1506
Meridian
December 28, 2002
"7be raagrs of sin !,s deatb,• but Ilia g~ of God it eternal lift through Jtsui Cbrisc °, . ;Romani 6.23
WHITE PETERSON
WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A
ATTORNEYS AT LAW
Ksvm E. DlNlus PHILIP A. PsTSxsoN CANYON PARK AT THE IDAHO CENTER MERIDIAN OFFICE
JOUR KLEIN FISCHRR ERICA 5. PHILLIPS 5700 EAST FRANKLIN ROAD, SUITE 200 s3D NORTH MAIN STREET. SUITE 200
WM. F. GIORAV, III ERIC S. R495MAN
IDAHO 83687.8402
NAMPA POST OFFICE BOX 1150
IDAHO 83680-1150
MERIDIAN
T GUY HALLAM, JR.' TODD A. ROSRbUN , ,
D. SAMDRL JOHNSON DAVID M. SWARTLEY TEL (208) 466.9272 - TEL (2a9) 299-z499
WIRIAM A. MORROW PAMELA J. TARLOw^' FAX (208) 466.4405 FAX (209) 288-1193
WILLIAM E Nlcxass' TERAENCE R. WHITS^ -
CHRLSVOPHER $. NV6 NICHOI.35 L. WOLLEN
PLEASE REPLY TO
NAMPA OFFICE
•AUO wDLOTrm IN oR
••ALSO ADMITTED IFI WA
•••~~~~~+~A February 12, 2003
Pastor Bob Jacobson
Calvary Chapel Meridian
P.O. Box 65
Meridian, Idaho 83680
Re: Meridian Planniug and Zoning
Dear Pastor Jacobson:
The City is still considering your request to lease space in an industrial azea in order to
establish a physical location for your church.
As you aze aware, churches are permitted uses in Limited Office, Neighborhood
Commercial, and Old Town zones in the City. Currently, they are also permitted through the
Conditional Use Permit process in R-8 and R-15 which are Residential zones, and also in the
Community Business District zone.
I have been discussing with staffthe possibility of amending the Zoning Schedule of Use
Control to provide for churches in additional zones. We will need to discuss the issue with the
City Council, and if they approve expanding the azeas in which churches can obtain Conditional
Use Permits, we will prepare an ordinance which will then go in front of the Planning and Zoning
Commission, as well as the City Council for adoption.
1n the meantime, staff is continuing to review your request to be allowed to estabhsh a
physical location for your church in the Industrial zone. I understand a meeting has been
scheduled for you to meet with staff next Tuesday to continue the discussion on this matter.
V ery truly y
m. 2 s
Cc: Mayor Robert D. Come
City Council Members
Steve Siddoway, Planning and Zoning
Brad Hawkins-Clazk, Planning and Zoning
Z:1Work4~l~MeridimlMeridian 15360M1Calvary Chapel MeridianVacobson Ltr 02 12 03.doc
CITY OF MERIDIAN ~,pR b b
PUBLIC HEARING
SIGN-UP SHEET Y~~~~~4-~~r
DATE April 17, 2003 ITEM # 5
PROJECT NUMBER
PROJECT NAME
Amended Zoning Ordinance
NAME (PLEASE PRINT) FOR AGAINST NEUTRAL