Staff ReportItem #4C: Legacy Church (RZ-13-001)
Application(s):
- Rezone
Size of property, existing zoning, and location: This site consists of 3.95 acres, is currently zoned R-4, and is
located on the west side of Meridian Road; south of Cherry Lane.
Adjacent Land Use & Zoning:
Summary of Request: The applicant requests approval to rezone 3.95 acres of land (11 parcels) from the R-4 zone
to the 0-T zone. The proposing zoning district is consistent with the Old Town land use designation. The rezone is
desired so the church use on the property will be a principally permitted use and not anon-conforming, prohibited
use in the R-4 zoning district. The applicant has plans for future expansions which under the current R-4 zoning
would require the procurement of a conditional use permit to expand the non-conforming use. Under the 6-T zone,
the church use is classified as a principally permitted use thus making it easier to facilitate future development
review.
Due to the Meridian Split Corridor phase II (MSC II) road project, the church is losing a portion of the parking in front
of the facility. The first phase of church construction includes expanding the parking lot. The submitted plan depicts
landscaping and site layout of the new parking area. Further, it illustrates future access will be facilitated from the
adjacent local streets consistent with the Unified Development Code (UDC). The future parking lot expansion will
require the approval of a certificate of zoning compliance and administrative design review from the Planning
Department.
Staff is not recommending a development agreement with the subject rezone request for the following reasons:
1 } The site is developed with an existing church and additional parking is needed to accommodate church
events. Staff does not foresee the use of the property changing;
2) The existing church and single family homes are principally permitted uses in the proposed 0-T zone.
Any future expansion of the church/site will require certificate of zoning compliance and administrative
design review approval and;
3) The Comprehensive Plan encourages the revitalization of Downtown. Any future development must
comply with all City ordinances in effect at the time of development.
Compliance with the Comprehensive Plan FLUM Designation: Yes. The property is designated as Ofd Town.
Compliance with the UDC: Yes
Written Testimony: None
Staff Recommendation: Approval without a development agreement
Notes:
STAFF REPORT
HEARING DATE: February 21, 2013 E IDIAN~---
TO: Planning and Zoning Commission I D A H O
FROM: Bill Parsons, Associate City Planner
208-884-5533
SUBJECT: RZ-13-001 -Legacy Church
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, MGT Legacy Church, has applied to rezone (RZ) 3.95 acres of land from the R-4 (Medium-low
Density Residential) zoning district to the O-T (Old Town) zoning district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed rezone based on the Findings of Fact and Conclusions of Law in
Exhibit D of the Staff Report.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval of File Number RZ-
13-001 as presented in the staff report for the hearing date of February 21, 2013, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial of File Number RZ-
13-001 as presented during the hearing on February 21, 2013, for the following reasons: (You should state
specific reasons for denial.)
Continuance
I move to continue File Number RZ-13-001 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:
1501 N. Meridian Road -Parcel #'s 89453000107; 89453000100; 89453000117; 86066010141;
86066010145; 86066010150; 86066010155; 86066010137; 860660 1 0 1 3 1; 8606601060; 86066010127
Located in the northeast '/4 of Section 12, Township 3 North, Range 1 West
B. Applicant/Owner
MGT Legacy Church
1501 N. Meridian Road
Meridian, ID 83642
C. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a rezone. A public hearing is required before the Planning & Zoning
Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
Legacy Church RZ-13-001 PAGE 1
B. Newspaper notifications published on: January 4, and 18, 2013 (Commission);
C. Radius notices mailed to properties within 300 feet on: February 1, 2013 (Commission);
D. Applicant posted notice on site by: February 11, 2013 (Commission);
VI. LAND USE
A. Existing Land Use(s): The subject property is developed with an existing church, associated parking lot,
and several single family homes.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Single family homes, zoned R-4
South: Single family homes, zoned R-4
East: Single family homes and a commercial business, zoned C-C
West: Single family homes, zoned R-4
C. History of Previous Actions:
• In 1998, a conditional use permit was approved to allow the construction of the church parking lot.
• In 2001, a certificate of zoning compliance (CZC-O1-053) was approved to construct a new parking lot
for the church.
D. Utilities:
1. Public Works:
a. Location of sewer: NA
b. Location of water: NA
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: No major facilities.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within the flood plain or floodway.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Old Town" on the Comprehensive Plan Future Land Use Map. The applicant is
proposing to rezone the property O-T (Old Town District), which is consistent with the Old Town land use
designation.
Old Town is defined in the Comprehensive Plan as follows: "This includes the historic downtown and the true
community center. Uses would include offices, retail and lodging, theatres, restaurants, and service retail for
surrounding residents and visitors. A variety of residential uses could include reuse of existing buildings for
residential uses, new construction of multi-family residential over ground floor retail or office uses. In order to
provide and accommodate preservation of the historical character, specific design requirements may be
imposed. Pedestrian amenities would be emphasized. Public investment to ensure that Old Town becomes a
centralized activity center with public, cultural, and recreational structures would be encouraged. The
boundary of the Old Town district predominantly follows Meridian's historic plat boundaries. In several areas,
both sides of a street were incorporated into the boundary to encourage similar uses and complimentary design
Legacy Church RZ-13-001 PAGE 2
of the facing houses and buildings." Staff finds that the finds the existing church complies with the stated
purpose of the Old Town designation.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed use (staff analysis in italics):
• Require all new parking lots to provide landscaping in internal islands and along streets (2.01.04B,
Chapter 2, page 14).
The church plans on expanding the existing parking area due to the loss of parking created by the split
corridor road project. Future parking lot must comply with the landscape standards set forth in UDC
11-3B-C.
• Restrict private curb cuts and access points on collectors and arterial streets (3.06.02D, Chapter 3, page
53).
Currently several of the properties take access to Meridian Road, designated an arterial street. With
future expansions access will be restricted to this roadway and access will be taken from the
surrounding local street as evident in the submitted development plans attached in Exhibit A.
• Permit new residential, commercial, or industrial developments only where urban services can be
reasonably provided at the time of final approval and development is contiguous to the City (3.01.O1F,
Chapter 3, pg. 45).
The subject property lies within the boundaries of the City of Meridian and is provided with City
services.
• Encourage compatible uses to minimize conflicts and maximize use of land (3.06.00, Chapter 3, page
53).
The church has existed in the area for quite some time. Staff believes the continuing use of the facility
should have minimal impact on the adjacent residences since it church predated much of the single
family homes in the area.
• Encourage Infill Development (3.04.02B, Chapter 3, pg. 51).
The subject site is already developed with an existing church. Due to the expansion of the adjacent
roadway the applicant plans to expand the parking area. Future plans also include expanding the
existing church and improving the facade. Rezoning the property to the Old Town district would allow
the applicant to expand the use and redevelopment the site without having to go through the
conditional use permit process. Further, future expansions would only require the approval of a
certificate of zoning compliance and administrative design applications. Staff is of the opinion
rezoning this property to O-T assists in the revitalization of the property.
Based on the analysis above, staff finds the existing use of the property and the proposed rezone to O-T is
consistent with the goals and objectives of the Comprehensive plan.
VIII. UNIFIED DEVELOPMENT CODE
A. Schedule of Use: Unified Development Code (UDC) Table 11-2D-21ists the principal permitted,
accessory, conditional, and prohibited uses in the O-T zoning district. The existing church and single
family homes are listed as principally permitted uses in the proposed O-T zone.
B. Dimensional Standards: After rezone ordinance approval, the dimensional standards listed in UDC Table
11-2D-4 for the O-T zoning district apply to this site.
Legacy Church RZ-13-001 PAGE 3
IX. ANALYSIS
REZONE ANALYSIS: The applicant requests approval to rezone 3.95 acres of land (11 parcels) from the R-
4zone to the O-T zone. The rezone is desired so the church use on the property will be a principally permitted
use and not anon-conforming, prohibited use (churches are not allowed in the R-4 zoning district). Further, the
applicant has plans for future expansions which under the current R-4 zoning would require the procurement of
a conditional use permit to expand the non-conforming use. Under the O-T zone, the church use is classified as
a principally permitted use thus making it easier to facilitate future development review as envisioned by the
Comprehensive Plan.
Due to the Meridian Split Corridor phase II (MSC II) road project, the church is losing a portion of the parking
in front of the facility. The first phase of church construction includes expanding the parking lot (see Exhibit
A.2). The submitted plan depicts landscaping and site layout of the new parking area. Further, it illustrates
future access will be facilitated from the adjacent local streets consistent with the Unified Development Code
(UDC). The future parking lot expansion will require the approval of a certificate of zoning compliance and
administrative design review from the Planning Department.
Although not required, the City typically requires the execution of a development agreement (DA) with rezone
requests. At this time, however, Staff is not recommending a development agreement with the subject rezone
request for the following reasons:
1) The site is developed with an existing church and additional parking is needed to accommodate church
events. Staff does not foresee the use of the property changing;
2) The existing church and single family homes are principally permitted uses in the proposed O-T zone.
Any future expansion of the church/site will require certificate of zoning compliance and administrative
design review approval and;
3) The Comprehensive Plan encourages the revitalization of Downtown. Any future development must
comply with all City ordinances in effect at the time of development.
Fee Reimbursement Request: The applicant is seeking fee reimbursement approval from City Council.
During the right-of--way (ROW) negotiations with ACRD, it was the desire of the applicant that ACHD
facilitate the rezoning of the property. ACHD is not facilitating the rezone. The applicant believes the
rezoning of the property would not have been necessary if it were not for the road project eliminating a portion
of their parking area. Because of the ROW given up for the MSC2 project, the church has the expense to
construct a new parking lot; it is the desire of the church to use the reimbursed fee towards beautification of the
site. The requested fee reimbursement will be at the discretion of the Council in accord with UDC 11-SA-7B.
Based on the analysis above, staff finds rezoning this property to the O-T zone is consistent with
Comprehensive Plan and the Unified Development Code. Therefore, staff recommends approval of the rezone
request. NOTE: Because staff is not recommending a Development Agreement, and conditions of approval are
not associated with a Rezone, there are no conditions associated with this application. The Agency Comments
listed herein are just that, comments for the applicant's information as future development may occur on this
site.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map & Aerial Map
2. Future Development Plans
B. Agency Comments
Legacy Church RZ-13-001 PAGE 4
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Republic Services
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map
D. Required Findings from Unified Development Code
Legacy Church RZ-13-001 PAGE 5
Exhibit A PAGE 1
Exhibit A.1: Vicinity/Zoning Map & Aerial Map
Exhibit A.2: Future Development Plans
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Exhibit B: Agency Comments
1. PLANNING DEPARTMENT
1.1 General
1.1.1 Upon development or redevelopment, the applicant will need to comply with all bulk, use, and
development standards of the Old Town zoning district listed in UDC Chapter 2 District regulations.
1.1.2 All future development of the subject property and expansion of existing structures will need to
comply with City of Meridian ordinances in effect at the time of development and must obtain
certificate of zoning compliance and administrative design review approval from the City of Meridian
Planning Department.
1.1.3 Future access to this site should be provided from the adjacent local streets in accord with UDC 11-
3A-3.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns related to this application.
3. FIRE DEPARTMENT
3.1 The Fire Department has no comments related to this application.
4. POLICE DEPARTMENT
4.1 Although it is not required at this time, parking in the Downtown Area of Meridian is quite limited and
we would like to see the parking plan for any additional parking for the church included in this
application to help the city with current and future parking needs analysis.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments related to this application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 ACHD has no site specific conditions related to this application.
7. PARKS DEPARTMENT
7.1 The Parks Department has no comments related to this application.
Exhibit B PAGE 1
C. Legal Description and Exhibit Map
A ~,ng~neers, tne,
__ ___
R ~ng-necrs ~ Sur~~ayors
,anklirY Rd. t3a{se. id. 637US
3:i$ E P'AX ~O$•:i42•:3703
IYNiT Lucy Church
Ok! Town Rezone Descri~4on
The south 55-feet of id 15, Lot 17, a~ portion of lads 18 i i8, Block 1 d VMbon Mdi~ion b
Meridian, as show N Book 120! PNt N Page 708 recxuds 0t Ads County. Idtho; a portion of Lots 1.4,
Lots 5-8 of Bbdc 4 of Nidays Fasoortd Addition b Meridian as shown in Book 11 of PINS ~ Pape tf94
record: of Ada county, Idaho and adjoining ri0ht-oiway~a. Sdwle in tl~s noAtwest qusrE~ of the
northeast quarter of Sedion i2, Township 3 t~Orth, Rams 1 West, Boise Msridiar-, Marid'an City, Ads
County, Idaho, being mare ~ described as foNows:
Comrt-erioirre art the rwrlheast corner of said Section 12, 8wnos S'~04°18'S2"E. 1.80 teN abrp the
osnterUne of N. Mrridisn Rd. and tlae east boundary of the norttreeat quarbr of said t+eGbn 12 b the
PblM of Be~inMrr~:
Thence cwNkw(ng along the oenNrtiPle Of said N. Merddix- Rd. and the east boundMy 0f
tM northwat quarter of said Section 12, S00'18'S2'E. 572.00 fiat b the osrrrerline
kderasckion of N. Meridian Rd. and W. MapN Ave.. whid~ bears N00°i8'S2"W,1,d10.32
feet fnxn the southeast corner of the rtorti-sast quarter of said Section 12;
Thence S8t1°50'04'W, 318.0 fwt akxg the osresrline of W. Mapie Ave. b the
ceneerine tntenrertion of W. Maple Ave. and Nw First ~.;
Thence N00.18'45'1N. 517.00 feet alorwp the oaNsrtine of NW Fiat ~.;
Thanoo N89°50'03"E, 30.00 feet b tite easisriy right-of-way of N1N First St. and b the
vw~sterly y of said lot i5;
Thence ooMinuhg N8i1°50'03"E.128.02 feet to the eatery boundary N said lot 16 and
the westsry bout d Let 1Q;
Thence N00°18'S2`W. 55.00 feet to the twrit~rwsst corner of said Lot 18;
Thence N89'S0'03°E,104.74 feet akug the inorthery boundary of said lot 16 and b the
wes~- right-of-r~aiy of N. Meridiem Rd.;
Thence aor~intdrg t~9.50"03"E, 53.28 feet b the P+efnt e/
ComprNing 3.95 acres, more 0r Nee.
BYR~ AtyV/LL.
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Mi:f:ItI~AN Pu~uc
WORKS tIEPT.
Exhibit C PAGE 1
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Rezone Sketch for:
MGT Legacy Church
Exhibit C PAGE 2
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to rezone the subject property from the R-4 zone to the O-T zone.
Since the church is an acceptable use in the O-T zone, Staff finds that the proposed map
amendment (rezone) is consistent with the Old Town land use designation for this site (see
section VII above).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The existing church and the single family homes are principally permitted uses in the
requested zoning district; thus Staff finds the proposed rezone is generally consistent with the
purpose statement of the Old Town District.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Staff finds that the proposed zoning amendment will not be detrimental to the public health,
safety, or welfare. Staff recommends that the Commission and Council consider any oral or
written testimony that may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
Staff finds that the proposed zoning amendment will not result in any adverse impact upon
the delivery of services by any political subdivision providing services to this site.
e. The annexation/rezone is in the best of interest of the City.
Staff finds rezoning this property with the O-T zone is in the best interest of the City because
the rezone will clean-up the non-conforming use on the property. The existing church use will
remain a principally permitted use in the proposed O-T zone. Any future expansion of the
church/site will require certificate of zoning compliance and administrative design review
application approval.
Exhibit D PAGE 1
Exhibit A PAGE. 1
Exhibit A.1: Vicinity/Zoning Map & Aerial Map
Exhibit A PAGE 2
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Exhibit A PAGE 3
Exhibit B: Agency Comments
1. PLANNING DEPARTMENT
1.1 General
1.1.1 Upon development or redevelopment, the applicant will need to comply with all bulk, use, and
development standards of the Old Town zoning district listed in UDC Chapter 2 District regulations.
1.1.2 All future development of the subject property and expansion of existing structures will need to
comply with City of Meridian ordinances in effect at the time of development and must obtain
certificate of zoning compliance and administrative design review approval from the City of Meridian
Planning Department.
1.1.3 Future access to this site should be provided from the adjacent local streets in accord with UDC 11-
3A-3.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no concerns related to this application.
3. FIRE DEPARTMENT
3.1 The Fire Department has no comments related to this application.
4. POLICE DEPARTMENT
4.1 Although it is not required at this time, parking in the Downtown Area of Meridian is quite limited and
we would like to see the parking plan for any additional parking for the church included in this
application to help the city with current and future parking needs analysis.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments related to this application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 ACHD has no site specific conditions related to this application.
7. PARKS DEPARTMENT
7.1 The Parks Department has no comments related to this application.
Exhibit B PAGE 1
C. Legal Description and Exhibit Map
A ~,n~~neers, tn~.
tiris.a~+IeisiR Cr+g{necrs ek Surveyors
f~3'iN. Ft:ankiin Rd. !ip-se, Id. 83705
1. 9d8~34b-3:i8 E e=~x xos•342•y70]
M~iT Lacy Church
~d Town Rezone Dwcrip~an
The south 55-feet of Lot 15, Lac 17, a poMio~l of Lott 16 ~ 18, Block 1 of won Md4ion m
Meridian. as show ~ Book 12 of Plat at Pape 708 recwrds of Ads County. Wateo; a portion of Loft 1.4,
Loft 6-6 of Bk~de 4 of tVieiays Seoond Addition to Meridian as shown ~ Book 11 of PINs ad Pape 594
rocords of Ada oourlty, Idaho and aei~ininp ripM-of-mays. Siteate in the reorthsslct gwrtsr oi' the
northeast etuaAer of Section 12, Township 3 t~th, ttanpe 1 west. Bone MeerWiu-, Meridian City, Ada
County, Idaho, being mor+s partia~y described as foNows:
Cexnmenanp at the norihweit c~ornsr of said t3eodon 12, Banos S00't8 52"E, 18p.80 hat atexq tta
cerltsrlins of P!. lyltridtart Rd. end the east bauldary of the nexthwtt efwerter of said Sectbn 12 tD 1M
Pbe4H e/8~lnrdng:
Thence caep alorwp the asncer~rle d said H. Meridian Rd. and tfa east boundary d
the rarlttsetst Qw~ d said Sscxion 12, S00°16'S2'E, 572.00 het b the osnisfins
k>teersedion of N. Meridian Rd. and W, Maple Ave., wldch bears N0o•18'S2"W,1,610.32
feet tram tta soe~le~t corrar eX the northsat gwEdsr d said Section 12;
Therroe S88°50'M'w, 316.04 ~ akxg tM asrrttrNne of w. Maple Ave, to the:
ear>Eerine inters+:ction aF W. Maple Ave. and NW First St.;
Thenoe N00.16'45"1N. 517.00 bet along the cerNsAira of N'YV First St.;
Thsnoe K89°b0`03"E, 30.00 feet b 51e wtotrty ripM-of-way of NW First St. Arid b the
vwe<stiery boundary of said Lot 15;
Theme aoMirwkg N89.50'03"E,128.02 feet b lfie watery boundary Eff said Lot 16 and
the wersfer'iit ~ of Lot 16;
Ttanoe N00°18"52'w, 55.00 bet b tta rartitiwerest oorrar eX said Lot 18;
Therese t+i~°50'03°E, 104.74 bet akMp tta norq»rty botK-dacy of sakl Lot 18 and 1o rie
vresbry riiiM-of-wa)r of N. Meridian Rd.;
Thesnoe ~ Fib°60'03"E, 63.26 feet b tta Pb~tnt o!
Comprisirg 3.116 acres. more or Iws.
BYR,__._yc'~ AdYl1l.
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MEt~AN PUBLIC
WORKS t.?EPT.
Exhibit C PAGE 1
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Rezone Sketch for:
MGT Legacy Church
Exhibit C
PAGE 2
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to rezone the subject property from the R-4 zone to the O-T zone.
Since the church is an acceptable use in the O-T zone, Staff finds that the proposed map
amendment (rezone) is consistent with the Old Town land use designation for this site (see
section VII above).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The existing church and the single family homes are principally permitted uses in the
requested zoning district; thus Staff finds the proposed rezone is generally consistent with the
purpose statement of the Old Town District.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Staff finds that the proposed zoning amendment will not be detrimental to the public health,
safety, or welfare. Staff recommends that the Commission and Council consider any oral or
written testimony that may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
Staff finds that the proposed zoning amendment will not result in any adverse impact upon
the delivery of services by any political subdivision providing services to this site.
e. The annexation/rezone is in the best of interest of the City.
Staff finds rezoning this property with the O-T zone is in the best interest of the City because
the rezone will clean-up the non-conforming use on the property. The existing church use will
remain a principally permitted use in the proposed O-T zone. Any future expansion of the
church site will require certificate of zoning compliance and administrative design review
application approval.
Exhibit D
PAGE 1