Loading...
HomeMy WebLinkAboutLDS Stake Center AZ 02-008BEFORE THE MERIDIAN CITY COUNCIL C/C 07-02-02 IN THE MATTER OF THE ) APPLICATION OF LOMBARD- ) CONRAD ARCHITECTS, P.A., THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 5 ACRES FOR ) PROPOSED LDS STAKE CENTER ) LOCATED AT 2515 W. USTICK ) ROAD, MERIDIAN, IDAHO ) Case No. AZ-02-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on July 2, 2002, at the hour of 6:30 p.m., and Shah Stiles, Planning and Zoning Administrator, and Brian Bennion, appeared and testified, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. 2. The 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, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-02-008) Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, and is approximately 5 acres in size, is located at 2515 W. Ustick Road, all within the Area of Impact of the City of Meridian and the Meridian Urban Service Planning Area. 4. The owner of record of the subject property is The Corporation of the Presiding Bishop of the Church of Latter Day Saints, a Utah Corporation, of Salt Lake City, Utah; and the applicant is Lombard-Conrad Architects, P.A. of Boise, Idaho. 5. The property is presently zoned RUT, and consists of vacant land. 6. The Applicant requests the property be zoned as L-O, with the intent to construct a 26,000 sq. ft. church building, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single-Family Residential. 7. The subject property is an enclave bordered on all sides by City of Meridian zoned R-4 properties. 8. There are no significant or scenic features of major importance that affect the consideration of this application. 9. Giving due consideration to the comments received fr°m the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Access to sanitary sewer shall be a challenge for the applicant. There isn't a sewer main in Ustick Road adjacent to the subject site, but there does appear to be several options for sanitary sewer service in the vicinity. Additional study shall be done by FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-02-008) o o Adopt the 1. o o o the applicant to determine the best altematives for service. Information on the options available can be obtained from the Public Works Department. Domestic water service to this site shall be via an existing 12-inch diameter main adjacent to the site in Ustick Road. Essential City services are or shall be available to the subject property. Remove any existing domestic wells and/or septic systems within this project 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. A Certificate of Zoning Compliance shall be obtained from the City of Meridian prior to construction of a church on the subject property. All other uses shall be required to go though the conditional use permit process. Recommendations of the ACHD as follows: Dedicate 48-feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Construct a 5-foot wide concrete sidewalk on Ustick Road located 2-feet within the right-of-way. Coordinate the location and elevation of the sidewalk with District staff. Replace unused curb cuts on Ustick Road with 5-foot wide concrete sidewalk to match the existing improvements. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-02-008) 8. Any existing irrigation facilities shall be relocated outside of the right-of-way. 9. Pave the driveways to their full-required width and to a point 30-feet beyond the edge of pavement of Ustick Road with 15-foot curb radii pavement tapers abutting the existing roadway edge. 10. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Adopt the Recommendations of the Meridian Fire Department as follows: 1. A tire-flow consistent with Appendix III-A of the Uniform Fire Code shall be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 2. Operational fire hydrants are required before combustible construction begins. 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 4. Final approval for fire hydrant location shall be by the Meridian Fire Department. 5. All turning radii shall be a minimum of 28' inside and 48' outside for all internal roads and entrances. 6. Comply with the requirements of the Uniform Fire Code and Building Code. Adopt the action of the City Council taken at their July 2, 2002 meeting as follows: 1. The Council recognizes the current 1993 Comprehensive Plan designation, which designates the area as Single-Family Residential, and there exist valid reasons for varying from the Comprehensive Plan designation at this time, in that similar uses have been allowed in previous situations involving a church in a residential area, and therefore, the applicant shall be allowed to construct the LDS Stake Center to be located at 2515 West Ustick Road. 10. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 9, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers will be protected, a condition of annexation and zoning designation. 11. It is also found that the development considerations as referenced in Finding No. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-02-008) 9 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 12. It is found that the requested zoning designation (L-O) and land use (church) are harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map (1993), which designates the land to be "Single-Family Residential". Although the L- O zone does not match the Single-Family Residential land use designation, churches are permitted with a conditional use permit in the R-8 zone. It is also found that annexing and zoning the property to R-8, and then requiring a conditional use permit will create an unnecessary layer of bureaucracy that can be avoided by zoning the property L-O, where church uses are permitted without a conditional use permit. The City Council additionally approved a similar annexation and rezone for the LDS Stake Center on Black Cat in 1999. 13. It is found that the majority of the surrounding properties are medium density residential subdivisions. The property to the north has been approved for office development. It is also found that the requested zoning designation of L-O, if developed as a church, is harmonious with the existing and planned adjacent development. 14. It is found that the proposed use (church) will not change the existing or intended character of the area. The church can be operated, designed and maintained to be harmonious with the surrounding area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-02-008) 15. It is not anticipated that the proposed use will be hazardous or disturbing to future or existing neighbors. 16. It is found that the property to be annexed can be served adequately by all essential public facilities and services, however, access to sanitary sewer will be a challenge for the applicant. There isn't a sewer main in Ustick Road adjacent to the subject site, but there does appear to be several options for service in the vicinity. Additional study will need to be done by the applicant to determine the best alternative. 17. It is found that there will not be additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. 18. It is found that the proposed church use will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area. 19. It is found that the annexation and development of the property will not create significant interference with the existing traffic on Ustick Road. 20. It is found that no natural or scenic features of major importance will be lost or damaged by approved the annexation and re-zone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. 21. It is found that the annexation of this property would be in the best interest of the City. 22. The subject annexation request and zoning designation and proposed development relates to and is compatible with the goals and policies of the Comprehensive Plan ofthe City. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-02-008) annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of govemment ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: Goals 1 through 10, inclusive. 5. The zoning of Limited Office District (L-O) is defined in the Zoning Ordinance at § 11-7-2 G as follows: (L-O) Limited Office District: The purpose of the L-O District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this District. The L-O District is designed to act as a buffer between other more intense nonresidential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal water and sewer system of the City is a requirement in this District. 6. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-02-008) 7. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems, and Zoning and Subdivision and Development Ordinance of the City of Meridian. 8. Pursuant to Section 11-16-4 A of the Zoning and Development Ordinance the owner and/or developer shall enter into a Development Agreement, if such is required by the City. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 5 acres to Limited Office District (L-O) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 5 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer shall be required to met the conditions set forth and in the event the conditions herein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-02-008) Adopt 1. o o Adopt 1. o o o the Recommendations of the Planning and Zoning and Engineering staff as follows: Access to sanitary sewer shall be a challenge for the applicant. There isn't a sewer main in Ustick Road adjacent to the subject site, but there does appear to be several options for sanitary sewer service in the vicinity. Additional study shall be done by the applicant to determine the best alternatives for service. Information on the options available can be obtained from the Public Works Department. Domestic water service to this site shall be via an existing 12-inch diameter main adjacent to the site in Ustick Road. Essential City services are or shall be available to the subject property. Remove any existing domestic wells and/or septic systems within this project 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. A Certificate of Zoning Compliance shall be obtained from the City of Meridian prior to construction of a chumh on the subject property. All other uses shall be required to go though the conditional use permit process. the Recommendations of the ACHD as follows: Dedicate 48-feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Construct a 5-foot wide concrete sidewalk on Ustick Road located 2-feet within the right- of-way. Coordinate the location and elevation of the sidewalk with District staff. Replace unused curb cuts on Ustick Road with 5-foot wide concrete sidewalk to match the existing improvements. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-02-008) If utility relocation is necessary to construct improvements required with this development, then all utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 8. Any existing irrigation facilities shall be relocated outside of the right-of-way. Pave the driveways to their full-required width and to a point 30-feet beyond the edge of pavement of Ustick Road with 15-foot curb radii pavement tapers abutting the existing roadway edge. 10. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Adopt the Recommendations of the Meridian Fire Department as follows: A fire-flow consistent with Appendix III-A of the Uniform Fire Code shall be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart at approved locations. 2. Operational fire hydrants are required before combustible construction begins. 3. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 4. Final approval for fire hydrant location shall be by the Meridian Fire Department. 5. All turning radii shall be a minimum of 28' inside and 48' outside for all internal roads and entrances. 6. Comply with the requirements of the Uniform Fire Code and Building Code. Adopt the action of the City Council taken at their July 2, 2002 meeting as follows: The Council recognizes the current 1993 Comprehensive Plan designation, which designates the area as Single-Family Residential, and there exist valid reasons for varying from the Comprehensive Plan designation at this time, in that similar uses have been allowed in previous situations involving a church in a residential area, and therefore, the applicant shall be allowed to construct the LDS Stake Center to be located at 2515 West Ustick Road. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (L-O) Limited Office District, and Meridian City Code § 11-7-2. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-02-008) 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who 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. By action of the City Council at its regular meeting held on the ROLL CALL COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: '~""-t/~ "'-~2 ~ VOTED day of VOTED_~ VOTED ~ VOTED~--(--/~-- VOTED ~'~ MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-02-008) Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attomey. ~lry Cler}c Z:\WorkLMXMeridian\Meridian 15360M~LDS Stake Cntr AZ02-008~AZFfCl&Order. doc FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-02-008)