HomeMy WebLinkAboutChrist Lutheran Church rzRECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF REZONE FOR CHRIST
LUTHERAN CHURCH BY CHRIST LUTHERAN CHURCH - RZ-03-005 - Page 1
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
REQUEST FOR REZONE OF 4.738
ACRES TO L-O ZONE FOR
CHRIST LUTHERAN CHURCH
CHRIST LUTHERAN CHURCH,
Applicant
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Case No. RZ-03-005
RECOMMENDATION TO CITY
COUNCIL
1. The property is approximately 4.738 acres in size and is located at 1406 W.
Cherry Lane, Meridian. The property is designated as Public/Quasi-Public in the
Comprehensive Plan.
2. The owner of record of the subject property is Christ Lutheran Church, 1406 W.
Cherry Lane, Meridian, Idaho 83642.
3. Applicant is same as owner.
4. The subject property is currently zoned R-4 (Low Density Residential) and is
currently used as a church.
5. The Applicant requests the property be zoned as L-O (Limited Office).
6. The subject property is bordered to the north by Meridian Assembly of God
Church (zoned L-O), to the south by Cherry Lane and across Cherry Lane by
vacant land (zoned C-N & R-8), to the east by The Corner at the Vineyards
(zoned C-N), and to the west by Dunten Place Subdivision (zoned R-8).
7. The property which is the subject of this application is within the Area of Impact
of the City of Meridian.
8. The entire parcel of the property is included within the Meridian Urban Service
Planning Area as defined in the Meridian Comprehensive Plan.
9. The Applicant proposes to develop the subject property in the following manner:
As it’s current use as a church and also a preschool.
10. The Applicant requests zoning 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.
11. There are no significant or scenic features of major importance that affect the
consideration of this application.
RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF REZONE FOR CHRIST
LUTHERAN CHURCH BY CHRIST LUTHERAN CHURCH - RZ-03-005 - Page 2
RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends to the City
Council of the City of Meridian that they approve the requested Annexation And Zoning
as requested by the applicant for the property described in the application, subject to the
following:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as
follows:
SITE SPECIFIC COMMENTS
1. The legal description submitted with the application is accurate and meets
the requirements of the City of Meridian and State Tax Commission.
2. Staff has determined that the rezone request would meet each of the
twelve (12) Findings required by Ordinance 11-15-11.
3. If rezoned to L-O, the subject lot would conform to the minimum lot size
and minimum frontage of the zone.
4. The existing site does not conform to all of the current standards of the
Landscape Ordinance, specifically the required buffer between land uses parking
lot landscaping requirements. Staff recommends that the site not be required to
come into full compliance until such time as the parking lot is significantly
modified per Ordinance 12-13-11-4.
5. Any assessments or re-assessments for sewer and water service for any
new uses will be determined during the Certificate of Occupancy process.
CONDITIONS OF APPROVAL (REZONE)
Staff recommends the following be made conditions of the Rezone:
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.
RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF REZONE FOR CHRIST
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3. 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.
4. 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.
5. Provide off-street parking in accordance with the City of Meridian
Ordinance 11-13 for use of property.
6. All construction shall conform to the requirements of the Americans with
Disabilities Act.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
A. The following conditions are intended to cover the District policies that
will pertain to any development proposal for this site. Upon the receipt of a
development application in the future for this site the District intends to include
the following conditions and may add additional conditions that may also apply to
this site.
1. Dedicate 48-feet of right-of-way from the centerline of Linder
Road abutting the parcel by means of a warranty deed and construct a
sidewalk on Linder Road located a minimum of 41-feet from the
centerline of Linder Road. The right-of-way purchase and sale agreement
and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior
to issuance of a building permit (or other required permits), whichever
occurs first. Allow up to 30 business days to process the right-of-way
dedication after receipt of all requested material. The owner will be paid
the fair market value of the right-of-way dedicated which is an addition to
existing ACHD right-of-way if the owner submits a letter of application to
the impact fee administrator prior to breaking ground, in accordance with
the ACHD Ordinance in effect at that time (currently Ordinance #197), if
funds are available. If ACHD funds cannot be secured, the applicant shall
do one of the following:
a. Dedicate an additional 23-feet (or 13-feet if the sidewalk is
constructed in an easement) of right-of-way for Linder Road
abutting the site by donation (or through a development impact fee
offset agreement) and construct a 5-foot wide (minimum) sidewalk
on Linder Road located a minimum of 41-feet from the centerline
of the roadway. Provide an easement to the District for any portion
of the sidewalk that is constructed outside of the new right-of-way.
RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF REZONE FOR CHRIST
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b. Do not dedicate any additional right-of-way on Linder
Road and construct a 5-foot wide (minimum) concrete sidewalk on
Linder Road located a minimum of 41-feet from the centerline of
the roadway with an easement provided to the District.
c. Do not dedicate any additional right-of-way on Linder
Road and construct a 5-foot wide (minimum) concrete sidewalk on
Linder Road located at the back edge of the existing right-of-way,
as determined by District staff. Accomplish all required
improvements to properly accommodate existing drainage and
utilities.
2. Pave any driveways on Cherry Lane or Linder Road a minimum of 30-feet
into the site beyond the edge of pavement. All driveway(s) shall be constructed as
curb return type driveways with 15-foot curb radii. Direct lot or parcel access to
Linder Road and Cherry Lane is restricted. As required by District policy,
restrictions on the width, number and locations of driveways, shall be placed on
future development of this parcel.
3. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the
right-of-way.
2. All utility relocation costs associated with improving street
frontages abutting the site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any
that may be damaged during the construction of the proposed development.
Contact Construction Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not
allowed unless approved in writing by the District. Contact Construction Services
at 387-6280 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada
County Highway District Policy Manual, ISPWC Standards and approved
supplements, Construction Services procedures and all applicable ACHD
Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
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6. The applicant shall submit revised plans for staff approval, prior to
issuance of building permit (or other required permits), which incorporates any
required design changes.
7. Construction, use and property development shall be in
conformance with all applicable requirements of the Ada County Highway
District prior to District approval for occupancy.
8. Payment of applicable road impact fees are required prior to
building construction in accordance with Ordinance #197, also known as Ada
County Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities
within the right-of-way. Existing utilities damaged by the applicant shall be
repaired by the applicant at no cost to ACHD. The applicant shall be required to
call DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are
compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be
valid unless they are in writing and signed by the applicant or the applicant’s
authorized representative and an authorized representative of the Ada County
Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property
which is the subject of this application, shall require the applicant to comply with
all rules, regulations, ordinances, plans, or other regulatory and legal restrictions
in force at the time the applicant or its successors in interest advises the Highway
District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That a fire-flow consistent with Appendix III-A of the Uniform Fire Code
be provided to service the entire project. Fire hydrants shall be placed an average
of 400’ apart. 1997 UFC Appendix III-A
2. Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
3. All radii shall be 28’ inside and 48’ outside radius for all internal roads and
entrances.
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4. The fire lanes shall have a clear driving surface, available at all times, which
is 20’ wide. UFC 902.2