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Home My WebLink AboutChrist Lutheran ChurchCUP03-012 4 ~`' MAYOR "'" ~ ~ n ` ~ LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 Robert D. Cortie ~y ~~, ~~ F "h11 _ ... Urr of 1 / ... PARKS & RECREATION / ~~ c: ~ (208 888-3579 • Fax 898-5501 CITY COUNCIL MEMBERS /,/ ~ ~J •€~: ~ ~~~ `2. ~' PUBLIC WORKS Tammy deWeerd `/ 7 L (J/ (3 /L ~ (208) 898-5500 •Faz 887-1297 William L M Na IDAHO f ~ . . ry Ch i M C dl ~, yFc ~ BUILDING DEPARTMENT 2 er e c an ess y e~ ( 08) 887-2211 • Fax 887-1297 Keith Bird `Ten°"•TA=,vsunEv^~~ p~x~E PLANNING AND ZONING ieoa (208) 884-5533 • Fax 888-6854 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, City Clerk, by: April 24, 2003 Transmittal Date: March 18, 2003 Hearing Date: May 1, 2003 File No. CUP 03-012 Request: Conditional Use zone for Christ Lutheran Church By: Christ Lutheran Church Location of Property or Project: 1406 West Cherry Lane David Zaremba, P/Z (No VAR, VAC, FP) Jerry Centers, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No vAR, vac, FP) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No vaF Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department for church /preschool in a Meridian School District (No FP) Meridian Post Office (FP/PP only) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FPPP omy) U.S. We$t (FP/PP only) Intermountain Gas (FP/PP only) Bureau of Reclamation (FPiPP onty) Idaho Transportation Department (NO FP) VAC, FP) Ada COUnty (Annexation only) Ada County Land Records (FP/PP oMy) Meridian Development Corporation Historical Preservation Commission Your Concise Remarks: 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 • Pax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 884-8723 CITY OF MERIDIAN • , Planning & Zoning Departrnent ~~1..• (J/z. 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fax CONDITIONAL USE PERMTT APPLICATION ? Check here if Planned Development Application (RE: Meridian Zoning Ordinance -Section I 1-1'n APPLICANT: GjP~` S + f ,~ •' l-,c~.. ~ G~ ~..~c.~I~. ADDRESS: I~I~(O l.J . C H1v rr~ A~ a ~ 1N1e ~ i c~.~ a/l ~ ~ 1~~(a~-12 PHONE: (2db) 888 - ~ ~O2Z- FAX: E-MAIL: OWNER(S) OF RECORD: I.CIYiS-1- I ~.~le.v'o_~1 Chu.vc,~ ADDRESS: 1t-1Olo W Che,rr vie, 1~'ley-i~.io..~1.D ~3~Pz PHONE: CZCf3) 8~~-lWZ'~ FAX: E-MAIL: ENGINEER, SURVEYOR, PLANNER: ~~c~p~Y1,°e,~CS ~d1C.. ADDRESS: ~~ 1,.1. }=falxlc(tV~ ~~ C~c~~~,F 1 ~ c~.~7n~ PHONE: ~,~~?S~~- 3Bl FAX: C2~=~~3~Z--5742 E-MAIL: ADDRESS, GENERAL LOCATION OF SITE: ~~ Oto ~J . C1'l~-r t' use 11"1 i gv1 1 DESCRIPTION OF PRESENT USE: DESCRIPTION OF PROPOSED CONDITIONAL USE: C'Ylur- 1n ~ ~ 7 v ~ NUMBER OF ACRES: - 39 NUMBER OF RESIDENTIAL UNITS: -6-' SQUARE FOOTAGE OF NON-RESIDENTIAL BUILDINGS: ~~ ~1 FT PRESENT ZONE CLASSIFICATION: - ~-~ I have read the information contained herein and ~{tify the in~ination is tme and correct. APPLICANT'S SIGNATURE: Rev. 01/24/03 0 0 M II r fZ llf .~ .~ e W ~N a DESIREABLE CHARACTERISTICS FOR NEW CONDITIONAL USE REQUEST Christ Lutheran Church has been a part of the Meridian community since the early 70's. We have strived to bring a positive contribution to Meridian. At this time we would like to make application for a Conditional Use Permit to add a child preschool to the other services we provide. Early this year we commissioned a Demographic survey. Data from the 2000 census and from a database provided by Claritas called "Consumer-Facts" of people in the 83642 zip code were used. This showed that our Church and the surrounding area would experience double-digit growth in the next 5 years. It was found that a large growth group is in the 25 to 39 age group. Many of these will be young families with young children. In our area there are 17 daycare/preschools with only 3 being preschools only. In the daycaze/preschools your child must be in daycaze to be in the preschool, but many families have other daycare (grandparents or in home for instance) and don't need or want the added expense of the daycaze portion. This is the area of the population Christ Lutheran Church Preschool sees a need to address. The program at this preschool will be handled with two sessions of 10 children each, one at 9:00-11:30 am and the other at 12:30-3:00 pm. Because our church is located on Cherry Lane, which is a Principal Arterial, we believe that our location has easy access from the area that will benefit from this addition. Andrea Tuning at ACRD Development Services was contacted and she said that because this is a preschool at an existing church no new traffic studies would be required. The existing facility is already suitable for this use as it has an existing education wing for the use of children of all ages during bible school on Sundays. It also has an existing fenced play area in the back of the church, accessible directly from the classrooms without need to go to the front of the building. The large existing parking azea and the distance the building is set back from Cherry Lane will make the drop off and pickup of the children safe and simple. No new sewer or water or other construction will be needed. The property at 1406 West Cherry Lane is in an area that is surrounded by other churches, single family residences and small businesses. Christ Lutheran Church is making this request for a Conditional Use Permit along with a rezone request. The rezone request is to bring it into conformance with the zoning requirements in the Comprehensive Plan. At this time the property is designated R-4 which is a non conforming designation. We are requesting that it be designated L-O. In the definition of an L-O district this parcel will act as a buffer between the residential uses of the R-8 designation to the south and east, and the C-N designation to the west. This will also match the existing designation of the land owned by the Meridian Assembly Of God church to the north. The proposed addition of a preschool will be in conformance with this new L-O designation. The use of the property as a church and church preschool will also conform to the "City of Meridian Future Land Use Map" as shown in the Comprehensive plan as figure VII-2. On this map this property is shown as being "Public/Quasi-Public". It is stated in the uses outlined on page 99 under "Public, Quasi Public, and Open Space" that this includes churches. ~_ AFFIDAVIT OF POSTING FOR C.U.P. The property at 1406 Cherry Lane, Meridian, Idaho, being Christ Lutheran Church will be posted with a notice of public hearing 10 days before the hearing date. ~ Dated Authorized Applicant ADDITIONAL FEES Christ Lutheran Church (applicant) or user of the property agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. ~- Dated Authorized Applicant Legal Description Northwest District of the Lutheran Church, Missouri Synod, A Corporation 4.39 ACRES A tract of land situated in the Southwest 114 of the Southwest 1/4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found Brass Cap monurnenting the South 1/4 Corner of said Section 1, thence along the southerly line of said Section 1, said southerly line also being the centerline o4 Cherry Lane, 889°42'88"W a distance of 2652.88 feet to a found Brass Cap rnonumenting the Southwest Section Corner of said Section 1, thence continuing along said southerly line N89042'08°E a distance of 808.00 feet to a point, thence leaving said southerly line, NB0027'20"W a distance of 32.dB feet to a found 5/8" steel pin in a 2" iron pipe on the northerly right-of-way of said Cherry Lane, said steel pin being the POINT OF BEGINNING. Thence along said northerly right-of-way and southwesterly along the arc of a circular curve to the right a distance of 303.84 feet, said curve having a central angle of 03068'45', a radius of 17,148.74 feet, tangents of ]51.52 feet, a chord bearing S89°11'44"W, a chord distance of 363.04 feet to a set steel pin, Thence 589042'68°W a distance of 2].9d feet to a set steel pin, Thence leaving said northerly right-of-way, N06°27'26"W a distance of 125.68 feet to a set steel pin, Thence 589042'68"W a distance of 435.66 feet to a set steel pin on the easterly right-of -way of Linder Road, Thence along said easterly right-of-way, N80027'20"W a distance of 26.86 feet to a set steel pin, Thence 589042'68"W a distance of 15.68 feet to a set steel pin, Thence NB8027'20°W a distance of 175.88 feet to a set steel pin, Thence leaving said easterly right-of -way, N89042'88"E a distance of 775.86 feet to a set steel pin, on the westerly line of Dunten Place Subdivision, a recorded plat in the booK of plats an file with Ada County, Thence along said westerly line,S0B027'2B°E a distance of 317.32 feet to the POINT OF BEGINNING. The above described tract of land contains 4.39 Acres, more or less, sub,iect to all existing easements and rights-of-wr.N._~ Prepared by: LandTech Surveys 2721 Cassia Boise,Idaho 83785 !288)344-2722 ~~ -- 6-~ -93 ~..:• g ~ ~~ ~ ~ ~I 8 ~I - ~ ~ I ~ I ~~ m ,_ - ~ ,- ~w~,~..,~ s+ u vd9s~l a ve9~ „~~' ~ ~ a 'f~ I 'T~ ir9-9J9".pas r 15-9'd9'$~a I ~ ~ / p i ~.. z ~ .~l,~.. .., ~~ ~ ~ ~ .1 ~ - m `~ '-=~-- -fir I "`a ~- i ~'ba r ``` ~F R [[ I I ~ ~ _ rom k it ~~ C ~ I i ' I I I i N' ~a ga sA= S a° ~CF§9 y Z sN$ a -O g~e O s _ Xb ~~~ C7 w'S UI = s Z ~g p ~ ~§ N §~ v$ I ~I A ~ p~I iyy~ a y q c ~ ~~ ~ a gig ~ 6~ Z s ~ ~ 9 c n x • w PROPERTY OWNERS WITHIN 300' CHRIST LUTHERN CHURCH BOISE SURPLUS 2002 LLC FISCHER BRIAN M 8645 W FRANKLIN Rp 1725 NW 13TH AVE BOISE ID 83709-0000 MERIDIAN ID 83642-0000 W CHERRY AVE 1655 N CINDER RD MOOTHART GREG J 1660 W CHERRY LN 1710 NW 13TH AVE MERIDIAN ID 83642-3600 MERIDIAN ASSEMBLY OF GOD INC 1830 N CINDER RD MERIDIAN ID 83642-1312 1323 W CHERRYLN TAYLOR PRESTON A 6 HELEN C TRUST 1803 NW 13TH AVE MERIDIAN ID 83642-3618 HANSON CAREN F 1388 W YOST CT MERIDIAN ID 83642-0000 BELL PATRICIA M 1785 NW 13TH ST MERIDIAN ID 83642-3601 PETTI JOHN H 1765 NW 13TH AVE MERIDIAN ID 83642-3601 VAUGHN RUDY RICHARD 1745 NW 13TH AVE MERIDIAN ID 83642-3601 BROADBENT SHAWN 1395 W YOST CT MERIDIAN ID 83642-0000 MERIDIAN FREE LIBRARY DISTRICT 18 E IDAHO AVE MERIDIAN ID 83642-2632 1326 W CHERRY LN HART S MATTHEW HART REBECCA L 1705 NW 13TH AVE MERIDIAN ID 83642-0000 CHRIST LUTHERAN CHRCH MERIDIAN 1406 W CHERRY LN MERIDIAN ID 83642-1517 MOHR JAY M 1690 NW 13TH AVE MERIDIAN ID 83642-3606 CLOUp CHARLES C CLOUD JOAN M 1685 NW 13TH AVE MERIDIAN ID 83642-3607 NEBEKER MICHEAL B NEBEKER JALEEN D 1670 NW 13TH AVE MERIDIAN ID 83642-0000 HASKELL PHILLIP W 6 HASKELL JUDITH ANN 1365 W YOST CT MERIDIAN ID 83642-1499 WARREN LONNIE H WARREN SUSAN M 3184 5 PAJARO PL EAGLE ID 83616-6722 1665 NW 13TH AVE YOUNG LEONARD A YOUNG VERA L P.O. BOX 595 IDAHO CITY ID 83631-0000 1630 NW 13TH AVE GABRIELSON JIM F GABRIELSON TANYA RAY 1625 NW 13TH AVE MERIDIAN ID 83642-3607 HEUGHINS RUSSELL S 1528 W CHERRY LN MERIDIAN ID 83642-1516 BARLOW CALVIN F a BARLOW ANN L 1516 W CHERRY LN MERIDIAN ID 83642-1518 LYTLE SAMUEL C LYTLE ROBERTA L 1440 W CHERRY LN MERIDIAN ID 83642-1517 LA JEUNESSE JENNIFER A 10939 W CHARITAN BOISE ID 83713-0000 1610 NW 13TH AVE BRAIN RHONDA FUNK SEAN L 1605 NW 13TH AVE MERIDIAN ID 83642-0000 GAME INC 1991TURNBERRY WAY MERIDIAN ID 83642-0000 1663 W CHERRY LN DEPATCO 6 SONS FAMILY LP P O BOX 8008 AFTON WY 83110-8008 1605 W CHERRY LN STU88LEFIELD DEVELOPMENT CO 2258 BRADFORD AVE HIGHLAND CA 92346-2204 W CHERRY LN .FFIDAVIT OF LEGAL INTEREST ~, STATE OF IDAHO ) COUNTY OF ADA ) I, ~.l o~ t, s S+~v« ~'h , u125-1s S . F?.eG~haa.~lLc `1aJ Ise 1,D 83l l b (name) (address) + being first duly sworn upon ~'~S-t lac~l~o oath, depose and say: (city) (state) 1. That I am the record owner of the property described on the attached, and I grant my permission to: '. C c ~ So Qo Vew .L'~ I ~'y1ik~ ~ia~ (name) (address) to submit the accomprarrying application pertaining to that property. 2. I agree to indemrtify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property, which is the subject of the application Dated this 21 day of fpgr/ 200,,x_. ~~ 'Signature) AND S W ORN to before me the day and year first above ,cr ~°~"Rr f ~~ G ~'~ 1'B 04 t0 Notary Public for Idaho Residing ar ~D~~ l D My Commission Expires: S-IO-Og Rev. 2.7: ~l State of Idaho CERTIFICATE OF INCORPORATION OF CHRIST LUTHERAN CHURCH OF MERIDIAN, IDAHO, INC. I, PETE T. CENARRUSA, Secretary of State of the State of Idaho, hereby certify that duplicate originals of Articles of Incorporation for the incorporation of CHRIST LUTHERAN CHURCH OF MERIDIAN, IDAHO, INC. duly signed pursuant to the provisions of the Idaho Nonprofit Corporation Act, have been received in this office and are found to conform to law. ACCORDINGLY and by virtue of the authority vested in me by law, I issue this Certificate of Incorporation and attach hereto a duplicate original of the Articles of Incorporation. Dated: Apri119, 1993 SECRETARY OF STATE ey ARTICLES OF INCORPORATION OF CHRIST LUTHERAN CHURCH OF MERIDIAN, IDAHO, INC. KNOW ALL PEOPLE BY THESE PRESENTS; Ara 19 ~ 1;7 AM '93 ScCRE1ARY QF Sil/E We, the undersigned, citizens of the United States and residents of the State of Idaho and City of Meridian or vicinity in Ada County, and members of CHRIST LUTHERAN CHURCH, hereby associate ourselves together for the purpose of forming a religious corporation pursuant to Chapter 3 of title 301, Idaho Code, and all acts supplemental thereto and amendatory thereof, and we hereby certify: 'that at a meeting of the members of said chinch held at the Christ Lutheran Church in Meridian, Ada County, Idaho at the hour of ~ ~ o'clock a.m. on the 18th day of April, 1993, for the purpose of forming a religious corporation of the members of said church under the name of CHRIST LUTHERAN CIiURCIi OF MERIDIAN, IDAHO, INC., a religious corporation, providing that said corporation shall have perpetual succession, adopting bylaws for said corporation and for the purpose of transacting any and all other business that the members present deem it expedient to transact in connection with said incorporation, prior to which meeting the time and place thereof was given in the manner and form required by Section 30-324, Idaho Code, by publicly announcing the date and place of such meeting on the two (2) successive Sundays prior to the date of such meeting, at which meeting, a majority of the members of said church elected and authorized the under signed directors to adopt and certify the following articles of incorporation, to-wit: ARTICLES OF INCORPORATION -PAGE 1 ,_ ARTICLE I The name of this corporation shall be CHRIST LUTHERAN CHURCH OF MERIDIAN, IDAHO, INC. ARTICLE II CHRIST LUTHERAN CHURCH OF MERIDIAN, IDAHO, INC. shall be anon-profit corporation. The duration of this corporation shall be perpetual. ARTICLE III The objects and purposes for which this corporation is formed shall be and are as follows: To establish and maintain a church in the City of Meridian, County of Ada, State of Idaho, and in connection therewith a suitable and customary organization for the purpose of public worship and religious training under the protestant faith, subject, however, in its government to The Lutheran Church -Missouri Synod; to receive, hold, and enjoy gifts, devises and legacies; to borrow money; to execute and issue notes and bonds evidencing its indebtedness and to secure indebtedness by pledge, mortgage or other encumbrances of its property; to rent and lease real property; to do any and all things convenient and incidental to the purposes herein expressed; and generally to have and exercise all such powers as are by law conferred on corporations of like character and without in any particular limiting any of the objectives or purposes or powers of the corporation, the objectives and purposes of the corporation shall be from time to time to do one or more or all of the acts and things herein set forth, and all such acts, things and business in any manner connected therewith or necessary, incidental, convenient or auxiliary thereto or calculated, directly or indirectly, to promote the interests of the corporation or the members thereof or to enhance thtr vahie of any of its property ~or rights as such corporation may lawfully do; and in carrying on its objectives and purposes or for the purposed of attaining any of its objects, to do any and all things and exercise any and all other powers not prohibited by law or the standards and practices of The Lutheran Church -Missouri Synod. ARTICLES OF INCORPORATION -PACE 2 ARTICLE IV The initial registered office of this corporation shall be CHRIST LUTHERAN CHURCH, 1406 W CHERRY LANE, MERIDIAN ID 83642, and its initial registered agent at such address shall be Gerald Rohnert. ARTICLE V The members of this corporation shall be all persons who are now or who may hereafter become members of CHRIST LUTHERAN CHURCH of Meridian, Idaho. ARTICLE VI The business of this corporation shall be managed and conducted by a Board of Directors of at least four (4) persons, and the number, qualifications, terms of office, manner of election, time, place and manner of calling meetings shall be prescribed by the bylaws. The Board of Directors shall have the management of the real estate and personal property of the corporation and shall be in charge of the promotion, operation and maintenance of the corporation, for the use of the members of this corporation and the properly constituted church authorities. The initial Board of Directors of this corporation shall be the four (4) members of the official Board of Directors of this corporation until the first annual meeting of this Corporation and until their successors are elected and qualified. ARTICLES OF INCORPORATION -PAGE 3 s - .. ~ ARTICLE VII The following members of the Board of Directors duly elected on April 18, 1993 to serve as incorporators far the purpose of forming this non-profit corporation: Name Address Gerald Rohnert, 19474 W KTNGSWOOD CT, MERIDIAN ID 83642 Jim Correia, 494 W WILLOWBROOK, MERIDIAN ID 83642 Donna Wagoner, 11037 MARLINWOOD, BOISE ID 83704 Kathy Irving, 2051 N LARK PLACE, MERIDIAN ID 83642 IN WITNESS WHEREOF, we have hereunto set our hands and seals this 18th day of April 7 993. President of Christ Secretary of Christ Lutheran Church of Meridian, Idaho of Meridian, Idaho lOAFq SECAkTM1Y OF STATE 19930119 0900 67ElT 2 Ql It 2206 1315T1 1 1701P01MT10 1! 20.00= 20.00 !! ARTICLES OF WCORPORATION -PAGE 4