Planning and Zoning Staff Report Corp. of Presiding Bishop LDS Church - PH

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1 Planning and Zoning Staff Report Corp. of Presiding Bishop LDS Church - Hearing Date: February 1, 2018 Development Services Department Applicant/Property Owner: Corp of the Presiding Bishop LDS Church Representative Allen Christean Gene Ulmer- Gene Ulmer Architects Staff: Jennifer Almeida, Tax ID: R Current Zone: A (Agricultural) Comprehensive Plan: 2020 CC Comprehensive Plan Future Land Use Designation: Residential Impact Area: Nampa Lot Size/Project Area: 5.04 acres Current Uses: Church Applicable Zoning Land Use Regulations: Notification: 12/21/17 City of Nampa (JEPA) 12/21/17 Agencies 1/16/18 Publication 1/9/18 Radius Notice 1/25/18 Posting (on or before) Exhibits: 1. Proposed FCO S 2. Applicant Letter of Intent 3. Applicant s Site Plan 4. Neighborhood Meeting Sign In Sheet 5. Small Air Photo 6. Vicinity Map 7. Zoning Map 8. Subdivision Map 8A. Lot Report 9. Soil Map 10. Prime Farmland Map CC Future Land Use 12. City of Nampa Future Land Use 13. Lot Classification Map 14. Canyon Highway District No City of Nampa Engineering Dept. 16. Conditional Use Permit FCOs 17. Approval Docs AD Large Aerial Photo Request Corp. of the Presiding Bishop LDS Church is requesting a modification of a previously approved Conditional Use Permit (Case No. CU ) to expand the existing parking lot located on the west side of the subject property. The subject property, R is located at Northside Blvd., Nampa, Idaho, in a portion of the SE ¼ of Section 33, R4N, R2W, BM, Canyon County, Idaho. Background A conditional use permit was granted on the subject property on January 24, 2002 (CU ). Approval of the conditional use permit allowed for the construction of a church on approximately four (4) acres. A property boundary adjustment was approved on December 7, 2017 which increased the size of the subject property from four (4) acres to 5.04 acres (Case No. AD ). The approval document was recorded on December 11, 2017 (Exhibit 17). The subject property is zoned A (Agricultural) and is located in the Nampa Area of City Impact. Analysis A church is a permitted use in the A (Agricultural) zone. The applicant is requesting a modification of the previously approved conditional use permit to allow for the additional acreage to be included. As noted in the applicant s letter of intent (Exhibit 2), there is concern that the current parking lot does not have adequate parking stalls for Sunday meetings. Because of this, members have been parking at the elementary school (East Canyon Elementary) and walking across Northside Blvd. which has created a potential safety issue. The applicant is not requesting to change any of the previously imposed conditions of approval (Exhibit 16). The expansion of the parking lot will not have a negative impact to the surrounding area nor will it change the essential character of the area. The site is currently used for a church. Canyon Highway District No. 4 did not object to the proposal and indicated that the proposed modification is not anticipated to materially impact the existing or future road network (Exhibit 14). City of Nampa Engineering Department indicated no concern about the proposed modification (Exhibit 15). Corp of Presiding Bishop LDS Church Page 1 of 2

2 Comprehensive Plan The proposed conditional use permit modification is consistent with multiple goals and policies of the 2020 Canyon County Comprehensive Plan including but not limited to: Section 1 - Property Rights Policy No. 1 - No person shall be deprived of private property without due process of law. Section 5 Land Use Component Goal No. 4 To encourage development in those areas of the county which provide the most favorable conditions for future community services. The subject property is located within Nampa s Area of City Impact. Section 5 Land Use Component Goal No. 4 Achieve a land use balance which recognizes that existing agricultural uses and non-agricultural development may occur in the same area. A church is a permitted use in the A (Agricultural) Zone. Public Services, Facilities and Utilities Policy No. 3- Encourage the establishment of new development to be located within the boundaries of a rural fire protection district. The property is located within the Nampa Fire District. Comments Public Comments At the time this staff report was written staff had not received comments from the public. County Agency Comments Staff notified affected agencies and the comments are attached as exhibits. Alternatives The Planning and Zoning Commission may approve the conditional use permit modification as conditioned and/or amended; The Planning and Zoning Commission may deny the conditional use permit modification and direct staff to make findings of fact to support this decision; or The Planning and Zoning Commission may continue the discussion and request additional information on specific items. Significant Impacts Staff did not identify significant impacts with regards to the requested modification to allow for the expansion of the parking lot onsite. Recommendation Staff recommends the Planning and Zoning Commission open a public hearing and discuss the proposed Conditional Use Permit modification. Staff is recommending approval of the application and has provided findings of fact, conclusions of law and conditions of approval for the Planning and Zoning Commission s consideration found in Exhibit 1. Corp of Presiding Bishop LDS Church Page 2 of 2

3 Canyon County Planning and Zoning Commission Corp of the Presiding Bishop LDS Church - Development Services Department February 1, 2018 Findings of Fact, Conclusions of Law, Conditions of Approval and Order Findings of Fact 1. The applicant is requesting to modify a previously approved conditional use permit (Case No. CU ) to allow for additional acreage to be included. The additional acreage will be used to expand the parking lot for the church on the subject property. 2. The subject property, R is located at Northside Blvd., Nampa, Idaho, in a portion of the SE ¼ of Section 33, R4N, R2W, BM, Canyon County, Idaho. 3. The subject property is zoned A (Agricultural). 4. A church is a permitted use in the A (Agricultural) zoning district. 5. The subject property is located within the Nampa area of city impact. 6. The Canyon County Future Land Use Map designates the subject property as residential 7. The subject property is located within the Canyon Highway District No. 4, Nampa Fire District, Nampa School District, and the Pioneer Irrigation District. 8. The neighborhood meeting was held in compliance with CCZO on 11/13/ Notifications were completed in compliance with CCZO with publication on 1/16/18 in the Idaho Press Tribune, notification of property owners within 300 feet on 1/9/18, and posting of the property on or before 1/25/ The record consists of exhibits as provided as part of the public hearing staff report, exhibits submitted during the public hearing held on February 1, 2018, and all other documents in case file. Conclusions of Law For this request the Planning and Zoning Commission finds and concludes the following regarding the Standards of Review for Conditional Use Permit ( ): A. Is the proposed use permitted in the zone by conditional use permit? Conclusion: Yes, the proposed use is permitted in the zone by conditional use. CCZO Finding: A church is a permitted use in the A (Agricultural) zone. The conditional use permit for a church was approved on January 24, 2002 (CU ). B. What is the nature of the request? The applicant is requesting to modify a previously approved conditional use permit (Case No. CU ) to allow for additional acreage to be included. The additional acreage will be used to expand the parking lot for the church on the subject property. No changes to the conditions of approval imposed in CU are requested. Corp of the Presiding Bishop LDS Church EXHIBIT 1 Page 1 of 4

4 C. Is the proposed use consistent with the Comprehensive Plan? Conclusion: Yes, the proposed use is consistent with the comprehensive plan Finding: The proposed conditional use permit modification is consistent with multiple goals and policies of the 2020 Canyon County Comprehensive Plan including but not limited to: Section 1 - Property Rights Policy No. 1 - No person shall be deprived of private property without due process of law. Section 5 Land Use Component Goal No. 4 To encourage development in those areas of the county which provide the most favorable conditions for future community services. The subject property is located within Nampa s Area of City Impact. Section 5 Land Use Component Goal No. 4 Achieve a land use balance which recognizes that existing agricultural uses and non-agricultural development may occur in the same area. A church is a permitted use in the A (Agricultural) Zone. Public Services, Facilities and Utilities Policy No. 3- Encourage the establishment of new development to be located within the boundaries of a rural fire protection district. The property is located within the Nampa Fire District. D. Will the proposed use be injurious to other property in the immediate vicinity and/or negatively change the essential character of the area? Conclusion: The proposed modification adding additional acreage to the previously approved conditional use permit to expand the parking lot not be injurious to properties in the immediate vicinity or change the essential character of the area. Finding: The subject property is currently being used as a church site. The expansion of the parking lot will not be injurious nor will the essential character be changed. E. Will adequate water, sewer, irrigation, drainage and storm water drainage facilities, and utility systems be provided to accommodate the use? Conclusion: Utilities and services are provided to accommodate the use. Finding: Utilities and services are currently provided to the church site. Stormwater will be retained on site as it currently is for the existing church. Corp of the Presiding Bishop LDS Church EXHIBIT 1 Page 2 of 4

5 F. Does legal access to the subject property for the development exist or will it exist at the time of final plat? Conclusion: Access currently exists to the property. No changes are proposed. Finding: Access currently exists to the subject property via Northside Boulevard. G. Will there be undue interference with existing or future traffic patterns? Conclusion: There will be no undue interference with existing or future traffic patterns. Finding: The proposed parking lot expansion will not create an undue interference with existing or future traffic patterns. Expansion of the parking area will alleviate the need for church members to park across Northside Boulevard in the East Canyon Elementary parking lot. H. Will essential services be provided to accommodate the use including, but not limited to, school facilities, police and fire protection, emergency medical services, irrigation facilities, and will the services be negatively impacted by such use or require additional public funding in order to meet the needs created by the requested use? Conclusion: Essential services will be provided to the location. Finding: The proposed parking lot expansion will not have a negative impact or require additional public funding. Canyon County Ambulance District, Vallivue School District, Canyon County Sheriff, and Nampa Fire were notified of the request and did not provide responses to indicate that the proposed zone change amendment would have a negative impact. No mitigation measures are proposed at this time. Corp of the Presiding Bishop LDS Church EXHIBIT 1 Page 3 of 4

6 Conditions of Approval: Existing Conditions of Approval for permit CU : 1. Right to farm statement, marketing disclosures and deed restrictions. 2. The development shall comply with all applicable federal, state, and county laws, ordinances, rules and regulations that pertain to the property. 3. Aerobic septic system or similar system. 4. All requirements of Canyon Highway District be met. 5. Storm water and irrigation drainage be retained on site. 6. Parking lot facility to be paved and meet Canyon County parking space requirements. 7. The project will commence within two years and be completed within five years. Order Based upon the Findings of Fact, Conclusions of Law and Conditions of Approval contained herein the Planning and Zoning Commission approves Case #, modifying Case No. CU , a conditional use permit for a church. The modification will allow the increase the acreage of the church property from four (4) acres to approximately 5.04 acres. This increase in acreage will allow the existing parking lot on site to be expanded. APPROVED this day of, PLANNING AND ZONING COMMISSION CANYON COUNTY, IDAHO Richard Hall, Chairman State of Idaho ) SS County of Canyon County ) On this day of, in the year 2018, before me, a notary public, personally appeared, personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he(she) executed the same. Notary: My Commission Expires: Corp of the Presiding Bishop LDS Church EXHIBIT 1 Page 4 of 4

7 Applicant s Letter of Intent: Corp of the Presiding Bishop LDS Church EXHIBIT 2

8 Applicant s Site Plan: Corp of the Presiding Bishop LDS Church EXHIBIT 3

9 Corp of the Presiding Bishop LDS Church EXHIBIT 4

10 Corp of the Presiding Bishop LDS Church EXHIBIT 4

11 Corp of the Presiding Bishop LDS Church EXHIBIT 5

12 Corp of the Presiding Bishop LDS Church EXHIBIT 5

13 Corp of the Presiding Bishop LDS Church EXHIBIT 6

14 Corp of the Presiding Bishop LDS Church EXHIBIT 7

15 Corp of the Presiding Bishop LDS Church EXHIBIT 8

16 Corp of the Presiding Bishop LDS Church EXHIBIT 8A

17 Corp of the Presiding Bishop LDS Church EXHIBIT 9

18 Corp of the Presiding Bishop LDS Church EXHIBIT 10

19 Corp of the Presiding Bishop LDS Church EXHIBIT 11

20 Corp of the Presiding Bishop LDS Church EXHIBIT 12

21 Corp of the Presiding Bishop LDS Church EXHIBIT 13

22 Corp of the Presiding Bishop LDS Church EXHIBIT 14

23 Corp of the Presiding Bishop LDS Church EXHIBIT 14

24 Corp of the Presiding Bishop LDS Church EXHIBIT 15

25 Corp of the Presiding Bishop LDS Church EXHIBIT 15

26 Corp of the Presiding Bishop LDS Church EXHIBIT 16

27 Corp of the Presiding Bishop LDS Church EXHIBIT 16

28 Corp of the Presiding Bishop LDS Church EXHIBIT 16

29 Corp of the Presiding Bishop LDS Church EXHIBIT 16

30 Corp of the Presiding Bishop LDS Church EXHIBIT 16

31 Corp of the Presiding Bishop LDS Church EXHIBIT 16

32 Corp of the Presiding Bishop LDS Church EXHIBIT 16

33 Corp of the Presiding Bishop LDS Church EXHIBIT 16

34 Corp of the Presiding Bishop LDS Church EXHIBIT 17

35 Corp of the Presiding Bishop LDS Church EXHIBIT 17

36 EXHIBIT 18 LARGE AERIAL PHOTO (will be on display at public hearing) Corp of the Presiding Bishop LDS Church EXHIBIT 18

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