HomeMy WebLinkAboutChristian Family Matters AZ-04-027
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 4.50 Acres from RUT to R-8 Zone for Christian
Family Matters, Inc.
Case Nos. AZ-04-027
For the City Council Hearing Date of: November 16,2004
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
The matters were duly considered by the City Council at the November 16, 2004,
public hearing(s). The applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian were given full opportunity to express comments and submit evidence.
b.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
c.
d.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
a.
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. AZ-O4-027 - PAGE 1 of 4
verified that the property owner(s) of record at the time of issuance of these
findings is Donald D. Weber.
4. Required Findings per Zoning and Subdivision Ordinance
a.
See Exhibit D for the fmdings required for the Armexation and Zoning application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A and the Conditions
of Approval in Exhibit B and C. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The site specific and standard conditions of approval are as shown in Exhibits B and C.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. AZ-O4-027 - PAGE 2 of 4
D.
Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action ofthe governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
E.
Exhibits
Exhibit A: Legal Description
Exhibit B:
Annexation & Zoning Comments (City)
Exhibit C: Ada County Highway District Comments
Exhibit D: Armexation and Zoning Findings
B~ion of the City Council at its regular meeting held on the
f/«,~ 2004.
,
.JOfÁ- day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
COUNCIL MEMBER KEITH BIRD
VOTED ;n~
MAYOR TAMMYdeWEERD
(TIE BREAKER)
VOTED -
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. AZ-O4-027 - PAGE 3 of 4
Attest:
and City Attorney.
By: . ~ a.ú'f\Å........
City Clerk's Office
Dated:
12-n-o+
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. AZ-O4-027 - PAGE 4 of 4
"
EXUmIT A
Legal Description
Christian Family Matters
(AZ-04-027)
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ANNEXATION LEGAL DESCRIPTION
land of Donald Weber
(For annexation purposes only)
A psrcel of land süuated In the North % of the Northwest Quarter of section 24,
Township 3 North, Range 1 West of the Boise Meridian Ada County, .ldeho. described
as follows:
Beginning at a point marking the northwest comer of Section 24, Township 3 North,
Range 1 Weal of the Boise Meridian, Ada County, Idaho, from which the N. 1/16 comer
of said section 24 boe... South 69"33'34" East a distance of 1327.72 feat; thence from
said northwest comar of Section 24, South 00"15'011' Weal a distance of 400.011 feat;
thance North 90"00'00" Eeat a distance of 626.26 feel 10 Ihe Real PoInt of Beglmlng;
thance South 00"00'00" East a distance of 454.42 feel 10 e paint; thance'Sooth
65"22'26" East a distance of 88.20 feel to e poln~ thence South 66'01'28'. East a
dlslanca of 145.19 feel 10 a point; thence North 0IJ"06'27' Eeat ,of 917.86 fëet to a point;
thence North 57'44'34" West a distance 0/49.00 feat 10 a point ,in the centerline of W,
Overtend Road, alao the north line of said section 24; thence along said north line, North
69"33'34" West a dIs1anoe 01229.65 feel to a point; thence Iaavi1g oaid north line, Sou1h
00'15'00' West a distance 01 395.61 feat to a point; thence North 90'00'00' Ee.t a
distance of 57.91 feat 10 the Point of Beginning.
Said parcel contains 4.91 -, more or la...
August 27, 2004
Project 1104-107
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EXUmIT B
Annexation and Zoning Conditions of Approval
Christian Family Matters
(File AZ-O4-027)
ANNEXA nON & ZONING COMMENTS
1. The legal description meets the requirements of the City of Meridian and State Tax
Commission and will place the parcel contiguous to existing city limits.
2. The subject property is within the Urban Services Planning Area,
3. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when services are
available from the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
4. Any future development of this property shall comply with the International Fire Code or the
fire code adopted by the City of Meridian at the time of construction.
5. Please contact Bill Gregory at SSC (888-3999) for detailed review of any future development
plans and submit stamped (approved) plans with the Certificate of Zoning Compliance
application.
6. Applicant shall be required to connect to the City of Meridian's sanitary sewer system when
it becomes available. All cost associated with said connection shall be borne by the
applicant.
AGENCY COMMENTS
Fire Deoartment
1. This project has no fire department concerns.
Parks and Recreation Deoartment
1. The Parks Department has no concerns with the site design as submitted with the
application.
EXHIBIT C
ACUD Conditions of Approval
Christian Family Matters
(File AZ-04-027)
In April 2002, the Ada County Highway District reviewed a conditional use pennit and master
site plan application for this site (02-l2-CU & 02-9-MSPO-Ada County). The same conditions
and restrictions still apply. The applicant was required to dedicate right-of-way and provide a
road trust deposit for frontage improvements to Overland Road. The road trust deposit has been
received by the District. The District has no additional requirements at this time.
EXHIBIT D
Annexation and Zoning AnalysislFacts and Findings
Christian Family Matters
(File AZ-04-027)
ANNEXATION & ZONING ANALYSIS
According to Ordinance 11-15-11, General Standards Applicable to Zoning
Amendments, both the Planning and Zoning Commission and City Council are required
"to review the particular facts and circumstances of each proposed zoning amendment in
terms of the following standards and shall find adequate evidence answering the
following questions about the proposed zoning amendment. "
Thefollowing is the list of standards found in Meridian City Code 11-15-11 and analysis
by staff:
A.
Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
Staff finds the 2002 Comprehensive Plan Future Land Use Map designates the
subject property as 'Medium Density Residential.' The purpose of this
designation is to "allow smaller lots for residential purposes within city limits."
(See Chapter VII, pg. 95.) The requested R-8 zoning generally conforms to this
stated purpose and intent of the 'Medium Density Residential' designation.
Churches are pennitted as a Conditional Use in the R-8 zoning district and single
family residences are a principally permitted use.
B.
Is the area included in the zoning amendment intended to be rezoned in the
future;
Staff does not anticipate that the land to be annexed will be rezoned in the future;
nor has the applicant indicated a desire to rezone this property again in the future.
The Comprehensive Plan does demonstrate an intention to have the property
zoned as residential upon annexation.
C.
Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning - for example, a
residential area turning into commercial area by means of conditional use
permits;
The applicant has not proposed any additional development of the subject
property, The subject property currently has one single family residence and a
bam which has been converting for use as a meeting hall for the church. The
existing single family residence is allowed as a principally pennitted use in the R-
Christian Family Matters - AZ-O4-027 - Exhibit D
Page 1 of4
D,
E.
8 zoning district and the church uses are permitted as a Conditional Use in the R-8
zoning district. The applicant has applied for R-8 zoning due to the existing single
family residence and because the R-8 zoning designation is the designation most
compatible with the Comprehensive Plan designation of "Medium Density
Residential." The applicant has already received Conditional Use approval for the
existing church uses through Ada County; an additional Conditional Use Permit
application with the City of Meridian is not required.
Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
The general vicinity of this project is in transition from low density rural
residential uses to commercial/urban type uses with the potential for the
development of medium density residential uses in the future when sewer can be
supplied to the area. The property located to the north of the subject property has
been zoned I-L; Bodily RV is located to the north of the subject property.
Property located to the east and west of the subject property is currently zoned
RUT but has a comprehensive plan designation of "Medium Density Residential."
Stafffmds a rezone of the proposed property would be compatible with other land
use and facility changes in the area.
Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not change the
essential character of the same area;
See Armexation and Zoning Comment "D" above. The existing residence and
church uses will be operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the existing residential and
industrial uses in the vicinity of the subject property.
F.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
Staff finds that the existing single family residence and church uses will not be
hazardous or disturbing to existing or future land uses. The Commission and
Council shall rely on public testimony to determine whether the proposed uses
will be disturbing or hazardous to the neighboring uses.
G.
Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
Christian Family Matters - AZ-O4-027 - Exhibit D
Page 2 of 4
H.
I.
J.
K.
Staff finds that municipal water is available to the subject property; sewer service
will be extended when service is available. Meridian Fire and Parks Departments
were represented at the Comments Meeting held in April for this application and
provided comment that services could be provided. The Commission and Council
will need to reference any written or verbal testimony submitted by the irrigation
district, Idaho Power, and other service providers.
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
If approved, the developer will fmance the future extension of public facilities to
serve the project. The primary public costs will be fire and police services. Staff
fmds there will not be excessive additional requirements at public cost and that
the annexation and zoning alone will not be detrimental to the community's
economic welfare.
Will the proposed uses not involve uses, activities, 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 existing use will not generate additional traffic. The applicant is
not proposing any expansion of the existing uses on the subject property. A
Conditional Use permit would be required for any expansion or addition to the
existing church uses on the subject property. The level of impact will depend
upon the type of future use. The purpose of the R-8 zone is to "allow smaller lots
for residential purposes within city limits." As such, staff does not anticipate
future uses will create smoke, fumes, glare, or odors that will be detrimental to the
general welfare of persons or property in the area.
Will the area have vehicular approaches to the property which shaD be so
designed as not to create an interference with traffic on surrounding public
streets;
Staff finds that any future uses will impact the level and flow of traffic on the
surrounding streets. Specific traffic counts will be determined at the time of
development application, which must be reviewed and approved by ACHD. The
subject property currently takes access off of Overland Road.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
Staff fmds that the proposed annexation will not result in the destruction, loss or
damage of natural features. No modifications to the existing site have been
Christian Family Matters - AZ-O4-027 - Exhibit D
Page 3 of 4
proposed.
L.
Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592,11-17-1992),
Staff finds that the annexation of this property would be in the best interest of the
City for the following reasons:
. The applicant currently receives City water; the applicant was required by
City Council to apply for annexation to the City of Meridian when Council
allowed the applicant to obtain City water while still located in Ada County;
. the application substantially complies with the Comprehensive Plan.
Christian Family Matters - AZ-O4-027 - Exhibit D
Page 4 of 4