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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 (1-r,%'�il�Ul'✓�1Of �O�t'U17C� p C�G See attached Comments See attached Comments See attached Comments 1�0 OTHER: lee attached Affidavit of Posting Contacted: Date: - 3 Phone: gn u� 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 r Y 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 ni i l N�fld IdVOSQNb l�Isl�-�. -iwN nnw nmv nkj 1 Six tias°� a. �s'L KL�ivna -;I :nn an inn MMR perm -Ann :ni. •g•n•s ntiai_ppp_pnz sag coortt�s 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