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PZ - Staff ReportH-2015-0039 - Calvary Chapel Meridian Page 1 STAFF REPORT Hearing Date: January 7, 2016 TO: Planning & Zoning Commission FROM: Josh Beach, Associate City Planner (208) 884-5533 SUBJECT: H-2015-0039 - Calvary Chapel Meridian I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The Applicant, Calvary Chapel Meridian, is requesting Conditional Use Permit (CUP) approval for the operation of a church in an existing warehouse building in an I-L (Light Industrial) zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C. III. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number H-2015- 0039, as presented in the staff report for the hearing date of January 7, 2016 with the following modifications to the conditions of approval: (add any proposed modifications). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on January 21, 2016. Denial After considering all Staff, Applicant, and public testimony, I move deny File Number H-2015-0039, as presented during the hearing on January 7, 2016, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on January 21, 2016. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number H-2015- 0039 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) IV. APPLICATION AND PROPERTY FACTS a. Site Address/Location: The site is located at 1550 S. Tech Lane (S1213347115). Section 13, T3N, R1W b. Owner: Herman-Treasure Valley Business Park I, LLC 12426 W. Explorer Drive Meridian, ID 83642 c. Applicant/Contact: Calvary Chapel Meridian H-2015-0039 - Calvary Chapel Meridian Page 2 104 E. Fairview Ave #108 Meridian, ID 83642 d. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS a. The subject application is for a conditional use permit. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. b. Newspaper notifications published on: December 21, 2015 and January 4, 2016 c. Radius notices mailed to properties within 300 feet on: December 17, 2015 d. Applicant posted notice on site by: December 22, 2015 VI. LAND USE a. Existing Land Use(s): Vacant tenant space in an existing warehouse building. b. Character of Surrounding Area and Adjacent Land Use and Zoning: This area is predominantly developed with light industrial uses. North: University of Phoenix, zoned C-G West: vacant commercial land and 190-unit apartment complex currently under construction, zoned C-G South: vacant commercial land, multi-tenant office building and self-service storage facility, zoned C-G East: Intermountain Pet Hospital and Equipment Rental , zoned C-G and C2 in Ada County c. History of Previous Actions: On May 23, 2000 the subject property received CZC approval (CZC-00-012) to construct an approximately 106,000 square foot industrial building with its associated site improvements. In 2001 (CUP 01-009) the Meridian City Council granted a request for a planned development known as the Treasure Valley Technical Center to develop the site with approximately 7 buildings with a mix of uses that included office, retail and industrial uses on the subject property. d. Utilities: 1. Public Works: a. Location of sewer: No utilities required, building is currently being served. b. Location of water: No utilities required, building is currently being served. c. Issues or concerns: None e. Physical Features: 1. Canals/Ditches Irrigation: The Kennedy Lateral parallels W. Overland Road and is currently tiled per the UDC. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property is not within a floodplain. H-2015-0039 - Calvary Chapel Meridian Page 3 VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated “Commercial” on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. These zones may include neighborhood commercial uses focusing on specialized service for residential areas adjacent to that zone. Although a church is not listed in the Comprehensive Plan as a preferred use in commercial designated areas, it is listed a conditional use in the I-L zoning district. In this case, the Comprehensive Plan is the guiding document however; the zoning governs the allowed uses. Because the proposed use will be primarily used at a time when the remainder of the building will be unoccupied, staff believes the Church activities should not interfere with the adjacent uses. Further, the building is currently vacant and being underutilized and the Comprehensive Plan encourages the adaptive reuse of existing developed sites. For these reasons, Staff finds that the request generally conforms to the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics ): • Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (3.01.01F) The site is already connected to City services. The change of use will not impact the services being provided to this site. • Encourage Infill Development. (3.04.02B) The subject site is already developed with an existing 105,909 square foot industrial building that is currently partially vacant. Rather than developing a new church site, the applicant is proposing to redevelop an existing site. Review of this development proposal (building and site) will occur with a future certificate of zoning compliance and administrative design application. • “Require all commercial and industrial businesses to install and maintain landscaping.” (2.01.03B) The existing parking lot and perimeter landscaping appear to meet the standards listed in UDC 11-3B-8C. • “Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection.” (3.04.02A) There is adequate water supply and pressure available to the site for fire protection. • “Minimize noise, odor, air pollution, and visual pollution in industrial and commercial development adjacent to residential areas.” (3.06.01B) The proposed church should produce minimal noise, odor, air pollution and visual pollution. • “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) The proposed church will contribute to the variety of services available in the portion this portion of the city. H-2015-0039 - Calvary Chapel Meridian Page 4 For the above-stated reasons, staff believes the proposed use is consistent with the applicable comprehensive plan policies and is appropriate in this location. VIII. UNIFIED DEVELOPMENT CODE a. Purpose Statement of Zone: The purpose of the I-L district is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian Comprehensive Plan, the I-L district is intended to encourage the development of industrial uses that are clean, quiet and free of hazardous or objectionable elements and that are operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. b. Schedule of Uses in Industrial Districts: UDC Table 11-2C-2 lists the permitted, accessory, and conditional uses in the I-L zoning district. Churches are a conditional use in the I-L zone with the specific use standards listed in UDC 11-4-3-6 (see Section 9, Analysis, for specific use standards). c. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2C-3 for the I-L zoning district. d. Landscaping 1. Width of street buffer(s): There is an existing approximately 60 feet landscape buffer along Overland Road.; and 30 feet along S. Tech Lane. These landscape buffers exceed the minimum required by the UDC. 2. UDC 11-3B-8C regulates the parking lot standards of the development code (see section 9 below for further analysis). 3. UDC 11-3B-2 regulates the amount of additional landscaping required with the future expansion of the site. e. Off-Street Parking: UDC 11-3C-6B requires 1 space for every 2000 square feet of gross floor area; a total of approximately 106,000 square foot of building area exists. Based on this amount, 53 parking stalls are required; 214 stall exist on site, and this exceeds the requirements of the UDC. IX. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the proposed CUP request as presented in the staff report, with the following comments: CUP: The applicant is requesting approval to operate a church from an existing warehouse building. The property is currently zoned I-L (Light Industrial). Per UDC 11-2C-2, a “Church or Place for Religious Worship” requires conditional use permit approval in the I-L zone and is subject to specific use standards. Specific Use Standards for Church or Place of Religious Worship per UDC 11-4-3-6: Schools, child daycare services, meeting facilities for clubs and organizations, and other similar uses not operated primarily for the purpose of religious instruction, worship, government of the church, or the fellowship of its congregation may be permitted to the extent the activity is otherwise permitted in the district. At this time, the applicant is not proposing any other ancillary uses other than those associated with religious worship . Development Plans: The scope of work includes conversion of open warehouse and office space into a church sanctuary, classrooms, and support spaces. The proposed church use will be occupying 27,408 square feet of the total approximately 106,000 square foot building. The H-2015-0039 - Calvary Chapel Meridian Page 5 applicant is proposing several minor exterior building modifications. These modifications do not require any site modifications under the UDC. The CUP is necessary to establish the use. Access: Access to the site is taken from S. Tech Lane, designated a local street, and from W. Overland Road, designated as an arterial. Access to this site is consistent with the requirements set forth in UDC 11-3A-3. No other access points are proposed or approved with this application. Parking: Per UDC 11-3C-6B all industrial districts require one space for every 2,000 square feet of gross floor area. The site is currently developed with a 105,909 square foot warehouse building. Based on the existing and planned square footage the site must provide a minimum of 94 parking stalls. The submitted site provides a total of 219 parking stalls. In addition, per UDC 11-3C-5, the applicant is responsible for providing bike parking on the site. Business Operation: The Church services for the proposed use as stated in the application will occur on Sunday. Typically, other church related activities will occur during the week including but not limited to office duties during normal business hours and church gatherings/meetings will occur on Wednesdays evenings. Staff believes the use should not conflict with the industrial activities occurring in the area and is not recommending a restriction on the hours of operation for the church site. Certificate of Zoning Compliance and Design Review: The purpose of a Certificate of Zoning Compliance (CZC) approval is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-5B-1A). To ensure that all of the conditions of approval listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to establishment of the new use. All improvements must be installed prior to occupancy. The applicant is proposing to install door awnings over the existing entryway doors as well as widening of the sidewalk that leads out to the parking lot from the emergency exit doors. X. EXHIBITS A. Exhibits 1. Vicinity Map 2. Site Plan 3. Landscape Plan 4. Elevations B. Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Building Services 7. Sanitary Service Company H-2015-0039 - Calvary Chapel Meridian Page 6 8. Ada County Highway District C. Required Findings from Unified Development Code Exhibit A Page 1 A. Drawings 1. Vicinity Map Exhibit A Page 2 2. Site Plan Exhibit A Page 3 Exhibit A Page 4 3. Landscape Plan Exhibit A Page 5 Exhibit A Page 6 4. Elevations Exhibit B - 2 - B. Conditions of Approval 1. PLANNING DIVISION 1.1 The site plan, landscape plan and building elevations prepared by Karen Crandlemire Architect (dated 11/24/15) are approved with the following changes: 1. Per UDC 11-3C-5, the applicant shall provide bicycle parking on the site. 1.2 Any future uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.3 The applicant shall submit an application for Certificate of Zoning Compliance and Design Review for the proposed use and building modifications in accord with UDC 11-5B-1 and UDC 11-5B-8. 1.4 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. 1.5 No new signs are approved with this CUP application . All business signs require a separate sign permit in compliance with the sign ordinance. 1.6 The Applicant shall have a maximum of two (2) years to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within two (2) years of approval, a new conditional use permit must be obtained prior to operation. 1.7 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.8 The applicant shall comply with the specific use standards set forth in UDC 11-4-3-6. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 Access and fire-flow meet the requirements of the Fire Department. The interior improvements shall be reviewed and approved by Rick Jackson to ensure that all aspects of Fire and Life Safety issues have been addressed. 4. POLICE DEPARTMENT 4.1 Police Department has no concerns with this application. 5. PARKS DEPARTMENT 5.1 Parks Department has no concerns with this application. 6. BUILDING SERVICES 6.1 Applicant will be required to submit a Tenant Improvement Application with Meridian Building Services. 6.2 Applicant shall be responsible for making all required building improvements to the space to ensure code compliance. 6.3 Prior to use and occupancy of the space, the applicant obtain an official certificate of occupancy from Meridian Building Services. 7. SANITARY SERVICES COMPANY 7.1 Republic Services did not provide comments on this application. Exhibit B - 3 - 8. ADA COUNTY HIGHWAY DISTRICT 8.1 ADA County Highway District did not provide comments on this application. Exhibit C - 1 - C. Required Findings from the Unified Development Code The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. Conditional Use Permit (UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Staff finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the I-L district (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Staff finds that the proposed use is generally consistent with the Comprehensive Plan future land use map designation of Commercial for this site. Further, staff finds the proposed use of the site is consistent with the Comprehensive Plan in that a portion of the building is currently vacant and being underutilized thus making the site suitable for redevelopment which aligns with the goals and objectives of the Comprehensive Plan. 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 if the applicant complies with the conditions outlined in this report, the proposed use should be compatible with other uses in the general vicinity and with the existing and intended character of the area as other properties are redeveloping in the 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. Staff finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other properties in the area. The Commission should rely upon any public testimony provided to determine if the development will adversely affect other properties in the vicinity. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. Staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Exhibit C - 2 - If approved, the applicant will be financing any improvements required for the proposed use. Staff finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community’s economic welfare. 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 the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Staff finds the proposed use will not involve any of the above listed activities or processes that would be detrimental to persons, property, or the general welfare. h. 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 the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature.