HomeMy WebLinkAboutChrist Lutheran Church CUP03-012April 28, 2003 CUP 03-012
MERIDIAN PLANNING & ZONING MEETING May 1, 2003
APPLICANT Christ Lutheran Church ITEM NO. 8
REQUEST Public Hearing — Request for a Conditional Use Permit for a church / preschool in a
proposed L -O zone for Christ Lutheran Church — 1406 West Cherry Lane
AGENCY COMMENTS
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
See attached Staff Comments
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See attached Comments
See attached Comments
See attached Comments
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OTHER: lee attached Affidavit of Posting
Contacted: Date: - 3 Phone: gn
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Materials presented at public meetings shall become properly of the City of Meridian.
RPR -25-2003 12:12P FROM:Sanitarw Seruices, I 208-888-5052
MAYOR
Robert D.
CITY COUNCIL ME
Tommy deWccW
William L M. Nary
Cherie McC0m9e33
Keith Bird
3 N71 LITr Ur'c
v
IRAHO
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dam' 9Gyi:,,Lv� 1007
TU:Meridian Clerk P: 14/14
LEGAL DEPARTMENT
(208) 288.1499 • Pas 288.2201
PARKS A RECREATION
(208 885-3379 • Pxx 899-5501
PUBLIC WORKS
(208) 698 -550o -Fax 887.1297
BUILDING DEPAKrMENT
(208) 887.2211 - Fax 887-1297
PLANNING AND ZONING
(748) 684-5533 • Fax 888-4854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office
Attn: Will Berg, CRy Clerk, by:
Transmittal Date:
File No.: CUP
Request: Corti
March 18, 2003
Church
By:
Christ
Location of Property or Project:
2003
David Zaremba, PIZ ow VAR, VAC, FP)
Jerry Centers, P)Z (No vAR, VAC. FP)
Leslie Mathes, PIZ (No VAR, VAC, FP)
Michael Rohm, P)Z pvo vAR, vAG FP)
Keith Borup,P)Z (No VAR. VAC, FP)
Robert Come, Mayor
Bill Nary, C/C
Tammy deWeerd, C)C
Keith Bird, CIC
Cherie McCandless, CIC
W er Department
ewer Department
Sanitary Service (No vAR, VAC, FP)
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
RECE
APR 2 3 L.33
City Cl
Meridlau
City erk Offs
ce
Hearing Date:
Your Concise Remarks:
In a
zone
Meridian School District (Aro FP)
Meridian Post Office (FPA;Pony)
Ada County Highway District
Community Planning Assoc,
Central District Health
Nampa Meridian brig. District
Settlers Irrigation District
Idaho Power Co. (FRPP oey)
U.S. West (FPiPPordy)
Intermountain Gas (rmi ponry)
Bureau of Reclamation (FPmPomy)
Idaho Transportation Department (Aa FM
Ada County (Animmdon only)
Ada County Land Records (FPmPwty)
Meridian Development Corporation
Historical Preservation Commission
BY Z:k v— fe 0!%
COMMENTS -A MDLL F'x7=tve 2"f" 1
_/ ETArC- AJEEDS `% i5f_ UD?I,TEI,
—roe &Ute o
33 EAST IDAHO • MERIDIAN, IDAHO 83642
(208) SSS -433 • Fax (208) 887-813 • City Clerk Office Fax (208) 8884218 • Human Resources Fax (208) 884-8723
RPR 25 '03 13:22 208-888-5052 PRGE.14
HUB OF TREASURE VALLEY
MAYOR
A Good Place to Live
LEGAL DEPARTMENT
Robert D. Come
CITY OF MERIDIAN
'18) 288-2499 •Fax 288-2501
CITY COUNCIL MEMBERS
PUBLIC WORKS
Tammy deWeerd
33 EAST IDAHO
BUILDING DEPARTMENT
Keith Bird
MERIDIAN, IDAHO 83642
(208) 898.5500 - Fax 887-1297
Cherie McCandless
(208) 888-4433 • FAX (208) 887.4813
PLANNING AND ZONING
City Cleric Office Fax (208) 8884218
DEPARTMENT
William L.M. Nary
(208) 8845533 • FAX 888-6854
MEMORANDUM: Hearing Date: May 1, 2003 ]� g
To: Planning & Zoning Commission, jM� jayor and City Council RE CE 1 Y LJ' L
From: Wendy Kirkpatrick, Planner U I/�1"" APR 2 5 2003
Bruce Freckleton, Senior Engineering Tech City Of Meridian
City Clerk Office
Re: Request for a Rezone of 4.39 Acres of Land, Located at 1406 W. Cherry Lane,
from R-4 (Low Density Residential) to L -O (Limited Office) Zoning, by Christ
Lutheran Church (File No. RZ-03-005)
Request for a Conditional Use Permit for a Preschool in a proposed L -O Zone
by Christ Lutheran Church (File No. CUP -03-012)
We have reviewed the above -referenced submittal and offer the following comments, as
conditions of the applicant. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the Meridian City Council.
/V441NVV IX
The applicant, Christ Lutheran Church, has requested a rezone of their property at 1406 W.
Cherry Lane from the current R-4 zone to L -O and approval of a Conditional use Permit for a
pre-school. The current zoning of R-4 makes the church a legally non -conforming use. In order
to modify or expand the existing church use (including the addition of the pre-school), the
property must be rezoned so that the church use is an allowed use in its zoning district. The
preschool may be allowed as a conditional use with the proposed rezone to L -O and the existing
church will be brought into conformance with the zoning code.
A site plan dated 2-21-03 has been submitted. No new structures are proposed, the church's
existing building, used for their Sunday school classes, will be used by the proposed pre-school.
The applicant has submitted a revised landscaping plan; the applicant will be required to come
into compliance with current landscaping regulations for the site.
The subject property is located on the north side of Cherry Lane. The address is 1406 W. Cherry
Lane,
SURROUNDING PROPERTIES
Mayor and Council
May 1, 2003
Page 2
North — Meridian Assembly of God Church, zoned L -O.
South — Cherry Lane is directly south of the subject property. The property south of
Cherry lane is vacant and zoned C -N and R-8.
East — The Comer at the Vineyards, zoned C -N.
West — Dunten Place Subdivision, zoned R-8.
STANDARDS FOR ZONING AMENDMENT
The Commission and Council shall review the particular facts and circumstances of each
proposed zoning amendment in terms of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment (11-15-11):
A. Will the new zoning be harmonious with and in accordance with the Comprehensive
Plan and, if not, has there been an application for a Comprehensive plan
amendment;
The Comprehensive Plan designates the property as "Public/Quasi-Public". Churches are
a quasi -public use. The requested L -O zoning is harmonious with the "Public/Quasi-
Public" designations and is in accordance with the overall goals and policies of the
Comprehensive Plan.
B. Is the area included in the zoning amendment intended to be re -zoned in the future;
Staff finds 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.
C. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning;
Staff finds that the existing church development and the proposed preschool are in
accordance with the uses that may be permitted in the proposed L -O zone. Any other use
would have to be considered under the appropriate zoning review process.
D. Has there been a change in the area or adjacent areas which may dictate that the
area should be rezoned;
The current status of the church as legally non -conforming makes the property a good
candidate for rezoning. Without a rezone the existing church cannot be modified or
expanded without an approved Conditional Use Permit (MCC 11-5-5A). The proposed
rezone will bring the church into compliance with Meridian's Zoning Ordinance.
Mayor and Council
May 1, 2003
Page 3
E. Will the proposed uses 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 of
the same area;
Staff finds that the existing church use is appropriate and harmonious with the existing
area. The proposed pre-school, may be harmonious with the existing and intended
character of the same area, if constructed and operated appropriately. Any uses other
than the church and pre-school use will require further zoning approval, as determined by
the Schedule of Use Control in the City's Zoning Ordinance.
F. Will not be hazardous or disturbing to existing or future neighboring uses;
Staff finds that the re -zone to L -O should not be disturbing to existing or future
neighboring uses. The Commission and Council should carefully consider all public
testimony before making this finding.
G. Will be served adequately by essential public facilities and services such as
highways, street, police, and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed
conditional use shall be able to provide adequately any such service;
Staff finds that the proposed uses will be adequately served by all essential public
services and facilities.
H. 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;
Staff finds that the requested uses will not create excessive additional requirements at
public costs for public facilities and services. Additionally, staff finds that the proposed
rezone would not be detrimental to the economic welfare of the community.
L Will not involve uses, activities, processes, materials, equipment, and conditions that
will be detrimental to any persons, property, or general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or odors;
Staff finds that the proposed L. -O zoned property will not involve uses, activities,
processes, materials, equipment, and conditions that are detrimental to the general
welfare of the community.
I Will have vehicular approaches to the property which shall be so designed as not to
create an interference with traffic on surrounding public streets;
Staff finds that the proposed use will not interfere with general traffic patterns on any
public streets.
Mayor and Council
May 1, 2003
Page 4
K Will not result in the destruction, loss or damage of a natural or scenic feature of
major importance.
Staff does not find that any natural or scenic feature will be lost, damaged or destroyed
by approval of this rezone.
L. Is the proposed zoning amendment in the best interest of the City;
Staff finds that the zoning amendment would be in the best interest of the City by
bringing an existing non -conforming use into conformance with Meridian's zoning
ordinance.
SITE SPECIFIC COMMENTS
The legal description submitted with the application is accurate and meets the
requirements of the City of Meridian and State Tax Commission.
2. Stasi 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-0, 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.
CONDPITONS 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.
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.
Mayor and Council
May 1, 2003
Page 5
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.
STANDARDS FOR CONDMONAL USES
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following and may approve a conditional use
permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-
17-3):
A. That the site is large enough to accommodate the proposed use and all yards, open
spaces, parking, landscaping and other features as may be required by this
ordinance;
Staff finds that the site is large enough to accommodate the proposed use (preschool) and
related features that would be required by the ordinance.
B. That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
The current Comprehensive Plan shows the property as "Public/Quasi-Public". Proposed
zoning is L-0; daycare centers require a CUP in the UO zone according to the Zoning
Schedule of Use Control. Staff finds the proposed use and plan to be in Compliance with
the Meridian Zoning Ordinance and the Comprehensive Plan, as long as the conditions of
the staff report are met.
C. That the design, construction, operation, and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character
of the general vicinity and that such use will not adversely change the essential
character of the same area;
Staff finds that the proposed development will not adversely change the essential
character of the general vicinity and will be harmonious with the intended character of
the same area.
D. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
Mayor and Council
May 1, 2003
Page 6
Staff does not believe the proposed use will adversely affect other property in the
vicinity. The Council and Commission should consider all public testimony before
making this finding.
E. That the proposed use will be served adequately by essential public facilities and
services such as highways, street, police, and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the establishment of
proposed conditional use shall be able to provide adequately any such services;
Staff finds that the proposed development will be adequately served by the essential
public facilities and services listed above.
F. That the proposed 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;
Staff finds that the proposed use would not be detrimental to the economic welfare of the
community, nor would it create the need for any new facilities or services to be paid for
by the public.
G. That the proposed use will not involve activities or processes, materials, equipment,
and conditions of operation that will be detrimental to any persons, property, or
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Staff does not anticipate that the proposed use will be detrimental to the general welfare
of the community by means of increased traffic, noise, smoke fumes, glare or odors
generated by the use. ACRD has stated that the project is expected to generate less than
10 new vehicle trips per day on surrounding streets. School drop-off/pickup vehicle trips
are considered by ACRD as "pass -by" traffic that is likely to have already been on the
roads anyway, and are therefore not considered to be adding congestion.
H. That the proposed use will have vehicular approaches to the property which shall be
so designed as not to create an interference with traffic on surrounding public
streets;
Staff finds that the proposed use will not create significant interference with traffic on the
surrounding public streets. The applicant has not proposed any new curb cuts onto
existing streets.
L That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
Staff finds that no natural or scenic features will be lost, damaged or destroyed by
issuance of this conditional use.
Mayor and Council
May 1, 2003
Page 7
CONDITIONS OF APPROVAL (CONDITIONAL USE PERMITI
1. Existing Parking Lot The existing 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. Street Buffer: A 25 -foot wide, minimum, landscape buffer shall be required along
Cherry Lane.
3. One tree per 35' shall be planted along Cherry Lane.
4. Existing trees shall be protected and retained in accordance with Meridian City Code 12-
13-13.
5. Off-street parking shall be provided in accordance with the City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements. All parking and
areas of circulation shall be improved with a hard surface in accordance with Meridian
City Code 11-13-4.D, and shall be installed and striped in accordance with the approved
site plan and Ordinance 11-13-41.
6. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
7. A drainage plan designed by a State of Idaho licensed architect or engineer is required
and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all new off-street
parking areas. All drainage water is to be maintained on-site. Storm water treatment and
disposal must be designed in accordance with Department of Environmental Quality
1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities
and Counties and City of Meridian standards and policies. Off-site disposal into surface
water is prohibited unless the jurisdiction which has authority over the receiving stream
provides written authorization prior to development plan approval. The applicant is
responsible for filing all necessary applications with the Idaho Department of Water
Resources regarding Shallow Injection Wells.
8. All exterior lighting, whether attached to the building or located within the parking lot,
shall be down -shielded or otherwise altered so that the light does not spill over onto
adjacent properties or right-of-way. All parking lot lighting shall be in accordance with
Ordinance 11-13-4.C.
9. All signage shall be in accordance with the standards set forth in Section 11-14 of the
City Zoning and Development Ordinance or as specifically approved. All signage is
subject to design review and shall require separate permits.
Mayor and Council
May 1, 2003
Page 8
10. Provide five -foot -wide pedestrian walkways in accordance with City Ordinance.
11. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure
locations and construction requirements with Sanitary Service Company and provide a
letter of approval from their office when applying for a Certificate of Zoning Compliance
(CZC).
12. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City Council.
During this time, the permit holder must acquire building permits and commence the
construction of permanent footings or structures. Time extensions are allowed per the
ordinance.
RECOMMENDATION
Staff recommends approval of the project with the conditions stated in this staff report.
POSTED PROPERY AFFIDAVIT FOR C.U.P.
The property at 1406 Cherry Lane, Meridian, Idaho, being Christ Lutheran Church,
was posted with a notice of public hearing on
Notary Signature
Dated
Dated -1 -03
CTWy DocumentsWy Picture&%RemodeR -
Looking East
Along Cherry Lane
Looking South
Along Linder Road
Page 1
Looking West
Along Cherry Lane
Looking North
Along Linder Road
March 25, 2003
RECEIVED
MAR 3 12003
City of Meridian
City Clerk Office
g7" 4 a* vaafi'aiet
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
Will Berg, City Clerk
City of Meridian
— 33 B' Idaho
Meridian, ID 83642
Re: CUP 03-012 Conditional Use Permit for Christ Lutheran Church
Dear Commissioners:
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
The Nampa & Meridian Irrigation District requires that a Land Use Change/Site
application be filed for review prior to final platting. The developer will need to contact
Ms. Donna Moore, Asst. Secretary -Treasurer at the District's main office at 466-7861 for
father information.
All laterals and waste ways must be protected. All municipal surface drainage must be
retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation
District must review drainage plans. The developer must comply with Idaho Code 31-
3805. It is recommended that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
Sincerely,
Bill H nson, Asst. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH/dll
Cc: File — Shop
File - Office
Water Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
27 March 2003
B & A Engineers, Inc.
5505 W. Franklin Road
Boise, ID 83705
RECEIVED
MAR 3 12003
City of Meridian COPY
City Clerk Office
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
RE: Land Use Change Application - Christ Lutheran Church
Dear B & A Engineers:
Enclosed please find a Land Use Change Application for your use to file with the Irrigation
District for its review on the above -referenced development. If this development is under a
"rush" to be finalized, I would recommend that you submit a cashier's check, money order or
cash as payment of the fees in order to speed the process up. If you submit a company or
personal check, it must clear the bank before processing the application.
Should this development be planning a pressure urban irrigation system that will be owned,
operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P.
Anderson, Water Superintendent for the Irrigation District, concerning the installation of the
pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate
the process of contractual agreements between the owner or developer and the Irrigation
District for the ownership, operation and maintenance of the pressure urban irrigation system.
If you have any questions concerning this matter, please feel free to call on me at the District's
office, or John P. Anderson, at the District's shop.
Sincerely, �/ ,tet
x6-� / i n a �-e�
Donna N. Moore, Asst. Secretary/Treasurer
NAMPA & MERIDIAN IRRIGATION DISTRICT
DN M/smc
cc: File
Water Superintendent
Will Berg, City Clerk, City of Meridian
Christ Lutheran Church, 1406 W. Cherry Lane, Meridian, ID 83642
enc.
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - n0,000
3CENTRAL
DISTRICT
HEALTH
DEPARTMENT
Rezone #
Conditional Use #
CENTRAL DISTRICT HEALTH DEPARTMENT
Environmental Health Division R,ECEIVEI5eturn to:
❑Boise
MAR 2 5 2003 ❑ Eagle
❑ Garden City
(� p Clerk Office Meridian
Preliminary / Final / Short Plat ❑Kona
rk"(C� oc (ero. C ❑ACT
L
❑ 1. We have No Objections to this Proposal.
❑ 2. We recommend Denial of this Proposal.
❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
❑ high seasonal ground water ❑ waste flow characteristics
❑ orbedrockfrom original grade ❑ other
❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
❑ central sewage ❑ community sewage system ❑ community water well
❑ interim sewage ❑ central water
❑ individual sewage ❑ individual water
❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Duality:
❑ central sewage ❑ community sewage system ❑ community water
Q sewage dry lines ❑ central water
❑ 10. Run-off is not to create a mosquito breeding problem.
❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
❑ 14.
We will require plans be submitted for a plan review for any:
❑ food establishment ❑ swimming pools or spas ,care center
❑ beverage establishment ❑ grocery store
Date: 12 / 03
Reviewed By:
Review Sheet
CDHD 9/00lkc
05/01/2003 10:06 FAX 2088886654 ?MIDIAN P&Z DEPT
4 City Clerk 10001
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MAY 01 103 10:13 2088886854 PAGE.01
CITY OF MERIDIAN
PUBLIC HEARING
SIGN-UP SHEET
DATE May 1, 2003 ITEM # 8
PROJECT NUMBER
PROJECT NAME
CUP 03-012
Christ Lutheran Church
NAME (PLEASE PRINT) FOR AGAINST NEUTRAL
j?BCFTV:Ej)
MAY 0 1 2003
CITY OF MERIDIAN