PZ Recs/Staff ReportSTAFF REPORT
HEARING DATE:
TO:
FROM:
SUBJECT:
March 26, 2013
Mayor and City Council
Bill Parsons, Associate City Planner
208-884-5533
RZ-13-001 -Legacy Church
~E IDR IAN
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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. The Meridian Planning and Zoning Commission heard this
item on February 21, 2013. At the public hearing, the Commission voted to recommend
approval of the subiect RZ request.
a. Summary of Commission Public HearinE:
i. In favor: David Crawford
ii. In opposition: None
iii. CommentinE: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commentinE on application: None
b. Key Issue(s) of Discussion by Commission:
i. The requirement for two-story construction within the O-T zone.
c. Key Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. Reimbursement of the rezone application fee.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number RZ-13-
001 as presented in the staff report for the hearing date of March 26, 2013, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number RZ-13-001 as
presented during the hearing on March 26, 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.)
Legacy Church RZ-13-001 PAGE 1
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
1501 N. Meridian Road -Parcel #'s 89453000107; 89453000100; 89453000117; 86066010141;
86066010145; 86066010150; 86066010155; 86066010137; 86066010131; 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.
B. Newspaper notifications published on: January 4, and 18, 2013 (Commission); March 4, and 18,
2013 (Council)
C. Radius notices mailed to properties within 300 feet on: February 1, 2013 (Commission);
February 28, 2013 (Council)
D. Applicant posted notice on site by: February 11, 2013 (Commission); March 14, 2013 (Council)
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
Legacy Church RZ-13-001 PAGE 2
E. Physical Features:
1. Canals/Ditches Irrigation: No major facilities.
2. Hazards: Staff is not aware of any hazards that exist on this properly.
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 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 streets 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).
Legacy Church RZ-13-001 PAGE 3
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-2 lists 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.
IX. ANALYSIS
REZONE ANALYSIS: The applicant requests approval to rezone 3.95 acres of land (11 parcels)
from the R-4 zone 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-
4zoning 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;
Legacy Church RZ-13-001 PAGE 4
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 ACHD, it was the desire of the applicant
that ACRD facilitate the rezoning of the property. ACRD 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
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.1: Vicinity/Zoning Map & Aerial Map
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Exhibit A PAGE 1
Exhibit A.2: Future Development Plans
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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 This application is for a rezone only. Listed below are site-specific
conditions of approval that the District may require when it reviews a future development application
for this site. The District may add additional site-specific requirements when it reviews a specific re-
development application.
6.1 SITE SPECIFIC CONDITIONS OF APPROVAL
6.1.1 Construct the northern portion of Elm Avenue as one-half of a 36-foot local street section with vertical
curb, gutter, and 5-foot wide sidewalks, abutting the site.
6.1.2 Remove the existing perpendicular parking along Elm Avenue, abutting the site.
6.1.3 Construct Maple Avenue as one-half of a 36-foot local street section with rolled curb, gutter, and 5-
foot wide sidewalk, abutting the site.
6.1.4 Pave the alley right-of--way its entire width from Maple Avenue to Elm Avenue, thru the center of the
site.
6.1.5 Construct a driveway no more than 40 feet in width onto 1st Street, a minimum of 75 feet north of Elm
Avenue (measured centerline-to-centerline). Replace the remaining portions of undefined driveway on
1st Street north of Elm Avenue abutting the site with vertical curb so as to restrict turning movements
away from the driveway location. Pave the driveway its full width and at least 30 feet into the site
beyond the edge of pavement of the roadway.
Exhibit B PAGE 1
6.1.6 Construct a 30-foot wide driveway onto 1st Street located 125 feet north of Maple Avenue, as
proposed. Pave the driveway its full width and at least 30 feet into the site beyond the edge of
pavement of the roadway.
6.1.7 Pave the 20-foot wide driveway on Maple Avenue located 100 feet east of 1st Street its full width and
at least 30 feet into the site beyond the edge of pavement of the roadway.
6.1.8 Pave the 24-foot wide driveway on Maple Avenue located 110 feet west of Meridian Road its full
width and at least 30 feet into the site beyond the edge of pavement of the roadway.
6.1.9 Correct any deficiencies and/or replace deteriorated facilities abutting the site, including sidewalk
construction or replacement; curb and gutter construction or replacement; installation or reconstruction
of pedestrian ramps; pavement repairs; signs; traffic control devices; and other similar items, abutting
the site.
6.1.10 Payment of impacts fees are due prior to issuance of a building permit.
6.1.11 Comply with all Standard Conditions of Approval.
6.2 STANDARD CONDITIONS OF APPROVAL
6.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way.
6.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-
of-way.
6.2.3 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-
compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act
(ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to
District Development Review staff for review.
6.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
6.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of--way or easement areas.
6.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
6.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of
Idaho shall prepare and certify all improvement plans.
6.2.8 All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
6.2.9 Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to District approval for occupancy.
6.2.10 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking
ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190
in the event any ACRD conduits (spare or filled) are compromised during any phase of construction.
Exhibit B PAGE 2
6.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative of
the Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
6.2.12 If the site plan or use should change in the future, ACRD Planning Review will review the site plan
and may require additional improvements to the transportation system at that time. Any change by the
applicant in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard conditions of approval in place at the time unless
a waiver/variance of said requirements or other legal relief is granted by the ACHD Commission.
7. PARKS DEPARTMENT
7.1 The Parks Department has no comments related to this application.
Exhibit B PAGE 3
C. Legal Description and Exhibit Map
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1-33b C FAX 2nA•;342.743
Mt3Y Legacy Church
Qld Town Rezone [~scrip43ott
The south 55-feet of Lot 15, Lot 17, a portion of Lots 18 ~ 18, Biodc 1 of WNson Addition b
Meridian, as shares in Book 12 of Plat at Page 71x8 rocords of Ada County. ktaho; a portion of Lots 1-4,
Lots 5-8 of Bixk 4 of Nidays Second Add~ion to Meridian as shown ~ 8ook 11 of Play at Page 594
recwrds of Ada county, Idaho and adjointrp right-of-wsys. SituNe in the rwortheelst quarter of the
rworfiieast quarter of Sec4bn 12, Township 3 Nwih, Range 1 West, t3a~e Meridian, Meridian City. Ads
County, Idaho, being more psrtkx~srty descried as foilana:
Comrnencir~ at the northeast corner of sold Section 12, thence S00°18'S2"E, 169.80 foal along the
cerrtertine of N. Meridian Rd. and the east boundary of the northeast curler ~ said Section 12 b the
Point of 8eq~lnntn~:
Thetas cont~uinp along the centerline d said N. Meridian Rd. and the east botmdary of
the northeast quarter of said Section 12, S00°18'S2°E, 672.00 feet to the a~er~rrs
~-berseaion of N. Meridiem Rd. end W, Maple Aye.. which tsars N00°18'52"W, 1,610.32
feet from the souV~east corner of 93e rwartheast quarter of said 3edion 12;
Thence 889°60'04'W, 316.04 feet aicxp the csnhrlJne of W. Maple Ave. b the
centerline intersection of W. Maple Ave. and tV11Y First Sl.;
Thence N00°18'45"1M, 517.00 feet along the caMarfiine of NW First 54.;
Thence tV89°60'03"E, 30.00 feet b that eastierq- right-of-wry of NW First :s4. and to the
westerly boundary d said Lot 16;
Thence contirxrirrg N89°5o'03°E.128.02feet tithe easteryboundary of said Lot 45 and
Me wrxsteriy boundary d Lot 18;
Theme N00° 18'S2"W. 55.00 fast b the northwest corner of sNd Lot 18;
Therese N89°50'03"E, 104.74 feet abng the northerly boundary of said t.,ol 18 and b the
westerty r~ht-of-way at N. Meridian Rd.:
Thence ~ndnuing N89'StY03"E, 53.28 feet to the Pa~i»t of
ComprieMg 3.95 ate. mare or leas.
REVIEMNA PR(lVAL
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JAN 182013
MERiUTAN Puts
WORKS L1EPT..
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, the Commission 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 the Commission 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;
The Commission finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. The Commission recommends that the 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,
The Commission 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.
The Commission 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