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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF LARRY
MAURER, AUTHORIZED
AGENT, THE APPLICATION
FOR ANNEXA TI 0 N AND
ZONING OF 4.25 ACRES FOR
CONSTRUCTION OF AN LDS
CHURCH, LOCATED SOUTH
OF E. FRANKLIN ROAD AND
EAST OF S. LOCUST GROVE
ROAD, MERIDIAN, IDAHO
C/C 01-15-02
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Case No. AZ-OI-O19
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 January 15,2002, at the hour of 6:30 p.m., and Shari Stiles,
Planning and Zoning Administrator, appeared and testified, and appearing and
testifying on behalf of the Applicant was Anna Powell of B &A Engineers, Inc., and
Rod Cullip appeared and testified with concerns and/or comments, 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 AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-OI-019)
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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 Boundary.
4.
The property which is the subject to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full.
5.
The property is approximately 4.25 acres in size and is located south of
E. Franldin Road and east of S. Locust Grove.
6.
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.
7.
Applicant is Larry Maurer, Authorized Agent, of Meridian, Idaho.
8.
The property is presently zoned by Ada County as RUT, and consists of
a single family residence and storage buildings.
9.
The Applicant requests the property be zoned as C-N.
10.
The subject property is bordered to the north by rural residential
properties, zoned RUT, to the south by rural residential properties zoned RUT, and
Woodbridge Subdivision, zoned RA, to the east by agricultural land, zoned RUT,
and Franldin Mini-Storage, zoned C-G by and to the west by approved high density
housing property zoned R-40.
FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH (AZ~Ol-OI9)
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11.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12.
The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
13.
The Applicant proposes to develop the subject property in the following
manner: construct a 24,120 square foot church building.
14.
The Applicant requests zoning of the subject real property as C-N which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designates the subject property as Mixed Planned Use Development.
15.
There are no significant or scenic features of major importance that
affect the consideration of this application.
16.
The City Council recognizes the concerns of Morgan and Marilyn Plant
concerning the irrigation lateral. Additionally, the City Council recognizes the
opposition letter dated January 7, 2002 by Arthur J. Berry of Arthur Berry &
Company.
17.
Giving due consideration to the comment received from 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH (AZ~01-019)
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Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
17.1 The applicant shall provide evidence of a recorded parcel line
adjustment approved by Ada County for the subject property.
17.2 Any existing domestic wells and/or septic systems within this project \vill
have to be removed from their domestic service per City Ordinance
Section 9.1-4 and 9-4-8. Wells may be used for non~domestic purposes
such as landscape irrigation.
17.3 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer (Ord.
557, 10-1-91) for all off-street parking areas. All site drainage shall be
contained and disposed of on-site. Stormwater treatment and disposal
must be designed in accordance with Department of Environmental
Quality 1997 publication Catalog of Storm Water Best Management
Practices for Idaho Cities and Counties and City of Meridian standards
and policies. Off-site disposal into surface water is prohibited unless the
jurisdiction which has authority over the receiving stream provides
written authorization prior to development plan approval. The
applicant is responsible for filing all necessary applications with the
Idaho Department of Water Resources regarding Shallow Injection
Wells.
Adopt the Recommendations of the Meridian Fire Department as follows:
17.4 That a fire-flow consistent with Appendix III~A of the Uniform Fire
Code be provided to service the entire project. Fire hydrants shall be
placed an average of 400' part. 1997 UFC Appendix III-A.
17.5 Operational fire hydrants are required before combustible construction
begins. UFC 901.4.2 & 901.3
17.6 Acceptance of the water supply for fire protection will be by the
Meridian Water Department.
17.7 Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
17.8 All radii shall be 28' inside and 48' outside radius.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGILDS CHURCH (AZ-01-019)
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17.9 The proposed annexation will have an unknown transient population
and will have an unknown impact Meridian Fire Department requests
for service. According to a report completed by Fire & Emergency
Services Consulting Group in February of 2000 our requests for service
are projected to reach 2800 in the year 2005 and 3800 by the year
2010, this is up from 2069 responses in the year 2000.
17.10 The proposed project lies outside the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is
intended to enhance the probability of a favorable outcome on a request
for Basic Life Support. The budget constraints are typically defined as
capital outlay for facilities that are located within 1.5 miles from a given
location and sufficient operational funds to staff the facilities.
Adopt the Recommendations of the ACHD as follows:
17.11 Comply with the Site Specific Requirements (7) and Standard
Requirements (8) listed in ACHD's in their letter dated October 26,
2001.
Adopt the Recommendations of the Sanitary Service as follows:
17.12 If the two squares at the northeast and southeast locations in the
parking lot are waste enclosures, then more specific dimensions will be
needed.
Adopt the Recommendations of the N ampa & Meridian Irrigation District as
follows:
17.13 All laterals and waste ways must be protected and all municipal surface
drainage must be retained on site. If any surface drainage leaves the
site, the District must review drainage plans. The developer must
comply with Idaho Code §31-3805. Irrigation water shall be made
available to all developments within the Nampa & Meridian Irrigation
District.
Adopt the Recommendations of the Central District Health Department listed
in their Environmental Health Division letter dated 10/18/01.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-OI-019)
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18.
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. 17, and all
sub-parts, the economic welfare of the City and its residents and ta.'( and rate payers
will be protected, a condition of annexation and zoning designation.
19.
It is also found that the development considerations as referenced in
Finding No. 17 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. But,
additional landscaping buffers and design features will be required to make the
proposed use more harmonious with the general vicinity and to comply with City
Ordinances.
20.
It is found that the zoning of the subject real property as Neighborhood
Business District (C-N) requires connection to the Municipal Water and Sewer
systems and will be compatible with the Applicant's development intentions, and will
assure that the zoning is consistent with the Meridian Comprehensive Plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGILDS CHURCH (AZ-01-019)
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Generalized Land Use Map which designates the subject property as Mixed Planned
Use Development.
21.
The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
21.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
21.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
21.3 The application is consistent with Meridian's self identity.
21.4 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
21.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for serVices and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
21.6 Compatible and efficient use of land through innovative and functional
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-01-O19)
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site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
22.
The property can be physically serviced with City water and sewer, since
the applicant has extended the lines.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written
request for 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 government 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 '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:
4.A
The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGILDS CHURCH (AZ-01-019)
,
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
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To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment by
adopting City-wide and Urban Service Planning Area policies,
which deal with area-specific policies and programs.
To ensure that growth and development occur in an orderly
fashion in accordance with adopted policies and procedures
governing the use of land, residential development the provision
of services and the distribution of new housing units within the
Urban Service Planning Area.
To encourage the kind of economic growth and development
which supplies employment and economic self-sufficiency for
existing and future residents, reduces the present reliance on
Boise and strengthens the City's ability to finance and implement
public improvements, services and its open space character.
To provide housing opportunities for all economic groups within
the community.
To preserve and improve the character and quality of Meridian's
man-made environment while maintaining its identity as a self-
sufficient community.
To encourage cultural educational and recreational facilities
which will fill the needs and preferences of the citizens of
Meridian and to insure that these facilities are available to all
residents of the City.
To provide community services to fit existing and projected
needs.
To establish compatible and efficient use of land through the use
of innovative and functional site design.
To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-01-019)
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5.
The zoning of Neighborhood Business District (C-N) is defined in
the Zoning Ordinance at § 11-7-2 H as follows:
(C-N) Neighborhood Business District: The purpose of the C-N District is to
permit the establishment of small scale convenience business uses which are
intended to meet the daily needs of the residents of an immediate neighborhood
(as defined by the policies of the Meridian Comprehensive Plan); to encourage
clustering and strategic siting of such businesses to provide service to the
neighborhood and avoid intrusion of such uses. into the adjoining residential
districts. All such districts shall give direct access to transportation arterial or
collectors, be connected to the Municipal water and sewer systems of the City,
and shall not constitute all or any part of a strip development concept.
6.
The property was given a conditional use permit in Ada County for the
church.
7.
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).
8.
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 12A-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems.
9.
The development of the property shall be subject to and controlled by the
Zoning and Subdivision and Development Ordinance of the City of Meridian.
10.
Section 11-16-4 A of the Zoning and Development Ordinance provides in
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-OI-019)
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part as follows:
If property is annexed and zoned, the City may require or permit, as a condition
of the zoning, that an owner or developer make a written commitment concerning
the use or development of the subject property. If a commitment is required or
permitted, it shall be recorded in the office of the Ada County Recorder and shall
take effect upon the adoption of the ordinance anne..'ång and zoning the property,
or prior if agreed to by the owner of the parcel. Unless the commitment is
modified or terminated by the City Council, the commitment shall be binding on
the owner of the parcel, each subsequent owner, and each other person acquiring
an interest in the property. A commitment is binding on the owner of the
property even if it is unrecorded; however, an unrecorded commitment is binding
on subsequent owners and each other person acquiring an interest in the property
only if the subsequent owner and each other person acquiring an interest in the
property has actual notice of the commitment.
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 4.25
acres to Neighborhood Business District (C-N) is granted subject to the terms and
conditions of this Order hereinafter stated.
2.
The application is for annexation and zoning of 4.25 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW . Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH (AZ~01-019)
"'
3.
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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:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
3.1
3.2
3.3
The applicant shall provide evidence of a recorded parcel line
adjustment approved by Ada County for the subject property.
Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer (Ord.
557, 10-1-91) for all off-street parking areas. All site drainage shall be
contained and disposed of on-site. Stormwater treatment and disposal
must be designed in accordance with Department of Environmental
Quality 1997 publication Catalog of Storm Water Best Management
Practices for Idaho Cities and Counties and City of Meridian standards
and policies. Off-site disposal into surface water is prohibited unless the
jurisdiction which has authority over the receiving stream provides
written authorization prior to development plan approval. The
applicant is responsible for filing all necessary applications with the
Idaho Department of Water Resources regarding Shallow Injection
Wells.
Adopt the Recommendations of the Meridian Fire Department as follows:
Operational fire hydrants are required before combustible construction
begins. UFC 901.4.2 & 901.3
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH (AZ~01-019)
3.4
3.5
That a fire-flow consistent with Appendix III.A of the Uniform Fire
Code be provided to service the entire project. Fire hydrants shall be
placed an average of 400' part. 1997 UFC Appendix III-A.
,
3.6
3.7
3.8
3.9
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Acceptance of the water supply for fire protection will be by the
Meridian Water Department.
Final approval of the fire hydrant locations shall be by the Meridian Fire
Department.
All radii shall be 28' inside and 48' outside radius.
The proposed annexation will have an unknown transient population
and will have an unknown impact Meridian Fire Department requests
for service. According to a report completed by Fire & Emergency
Services Consulting Group in February of 2000 our requests for service
are projected to reach 2800 in the year 2005 and 3800 by the year
2010, this is up from 2069 responses in the year 2000.
3.10 The proposed project lies outside the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is
intended to enhance the probability of a favorable outcome on a request
for Basic Life Support. The budget constraints are typically defined as
capital outlay for facilities that are located within 1.5 miles from a given
location and sufficient operational funds to staff the facilities.
Adopt the Recommendations of the ACHD as follows:
3.11 Comply with the Site Specific Requirements (7) and Standard
Requirements (8) listed in ACHD's in their letter dated October 26,
2001.
Adopt the Recommendations of the Sanitary Service as follows:
3.12 If the two squares at the northeast and southeast locations in the
parking lot are waste enclosures, then more specific dimensions will be
needed.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as
follows:
3.13 All laterals and waste ways must be protected and all municipal surface
drainage must be retained on site. If any surface drainage leaves the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-OI-019)
,
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site, the District must review drainage plans. The developer must
comply with Idaho Code §31-3805. Irrigation water shall be made
available to all developments within the Nampa & Meridian Irrigation
District.
Adopt the Recommendations of the Central District Health Department listed
in their Environmental Health Division letter dated 10/18/01 as follows:
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 (C-N) Neighborhood Business District, and
Meridian City Code § 11-7-2 H.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-OI-019)
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By action of the City Council at its regular meeting held on the
":fir.
B -- day
of Æ¡'rt-LM~
, {/
ROLL CALL
,2002.
COUNCILMAN KEITH BIRD
VOTED ~~
COUNCILWOMAN TAMMY deWEERD
VOTED ~<-
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED $"'-../
COUNCILMAN WILLIAM LM. NARY
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 2 --? -0 Z-
VOTED
-
MOTION:
APPROVE~ DI SAPPRO VED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
ByJl~Þ ~jo ~
City Clerk IF
Dated: 2--5 -02-
...
;:;
..
':,0,
't
~
--
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH (AZ-OI-019)
"
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~.f"~?~'~
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Ada County Highway District
Judy Peavey-DefT, President
Dave Bivens, 1st Vice President
Sherry R. Huber, 2nd Vice President
Susan S. EastIake, Commissioner
David E. Wynkoop, Commissioner
318 East 37th Street
Garden City In 83714-6499
Phone (208) 387-6100
FAX (208) 387-6391
E-mail: tellus@ACHD.ada.id.us
January 28,2002
RE C E I'TE I'J
JAN 3 n 2002
Corporation of the Presiding Bishop
of the Church of Latter Day Saints
50 E. North Temple
Salt Lake City, UT 84150
City of Meridiar:.
City Clerk Offic£"
Re;
Staff Level Approval-REVISED
MCUPOI-038fMAZOI-019
Church
160/190 South Locust Grove Road
Facts and Findings:
A.
The Ada County Highway District (ACHD) staff has received the above referenced application
requesting annexation and rezone approval for approximately 4.25-acres fÌom RUT to C-N
zoning. The applicant is also requesting a conditional use approval to construct a 24,120-square
foot church. The 4.25-acre site is located on the east side of Locust Grove Road approximately
475-feet south of Franklin Road. This development is estimated to generate 210 additional
vehicle trips per day (10 existing) based on the Institute of Transportation Engineers Trip
Generation Manual.
B.
The application and site plan stamped and received by the City of Meridian on October 13,2001,
and submitted to the District on October 18, 2001, has been reviewed by the ACHD Planning
and Development staff and confoIIl1s to applicable District standards/policy, or can be made to
confOIIl1 with the change(s) to the plan described in the requirements stated below.
C.
This is a staff level approval and will not be heard by the ACHD Commission unless the site plan
is changed in such a manner as to not confoIIl1 to District standards/policy or an appeal of the
Planning and Development staff decision is submitted as described within the Standard
Requirements outlined below.
D.
On October 22,2001, the District Planning and Development staff inspected this site and
evaluated the transportation system in the vicinity. On October 26,2001, the staff met as the
District's Technical Review Committee and reviewed the impacts of this proposed development
on the District's transportation system. The results ofthat analysis constitute the following Facts
and Findings and recommended Site Specific Requirements.
S:\DSTECH\CU\2001 CUP\MCUPOI-O38, MAZOI-O19.s1a.doc
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Page 1
2.
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E.
For the purposes of estimating daily trip generation and assessing impact fees for this project, the
proposed use of this development has been classified as Church. (per the ITE Manual) The
impact fee rate from the fee tables for this use is $485 per thousand square feet of gross building
area, based on the impact fee ordinance in effect at this time. Note: This rate is provided for
informational purposes only and shall not be construed as an impact fee rate certification.
The impact fee will be assessed at the time of plans acceptance by District staff, and shall be
based on the fee tables and provisions of the District's Impact Fee Ordinance in effect at
that time.
F.
District policy requires the applicant to construct a 5-foot wide concrete sidewalk abutting
Locust Grove Road. This segment of Locust Grove Road is in the District's Five Year Work
Program for temporary repair in 2004 and widening in 2005/06. In lieu of constructing the
improvements, the applicant should be required to provide a $8,200.00 deposit to the Public
Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on
Locust Grove Road abutting the parcel (approximately 41 O-feet) prior to issuance of a building
pennit, or District approval of a final plat, whichever occurs flIst, OR the applicant should be
required to construct a 5-foot wide detached concrete sidewalk on Locust Grove Road located 2-
feet within the new right-of-way, and provide an easement to the District. Coordinate the
location and elevation of the sidewalk with District staff.
G.
The applicant should coordinate with District design staff, regarding the need for any additional
right-of-way and easements associated with the Franklin/Locust Grove Road project.
The following requirements are provided as conditions for approval:
Site Specific Requirements:
1.
Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel
by means of recordation of a final subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required pennits), whichever occurs first. Allow up to
30 business days to process the right-of-way dedication after receipt of all requested material.
The owner will be compensated for all right-of-way dedicated as an addition to existing right-
of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of
application to the impact fee administrator prior to breaking ground, in accordance with ACHD
Ordinance #193. The right-of-way purchase agreement must be completed and signed by the
applicant prior to issuance of a building pennit (or other required permits), whichever occurs
first.
Applicant is proposing two entrances into this site. Proposed driveway # 1 is located
approximately 475-feet south of the intersection of Locust Grove Road and Franklin Road.
Proposed driveway #2 is located approximately 300-feet south of the near edge of proposed
driveway # 1.
S:\DSTECH\CU\2001 CUP\MCUPOI-O38, MAZOI-O19.s1a.doc
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2.
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Locust Grove Road is classified as a minor arterial. District policy requires any driveway
located on an arterial roadway to be located a minimum of 220-feet for a right-in/right-out
driveway, or 440-feet for a full access driveway. Thereafter, driveways from a signalized
intersection shall be located a minimum of ISO-feet from any existing or proposed driveway.
Both proposed driveway locations meet District policy and are approved with this application.
3.
Applicant is required to pave the driveways to their full-required width of25 to 30~feet and to a
point 30-feet beyond the edge of pavement of Locust Grove Road with IS-foot radii pavement
tapers abutting the existing roadway edge.
4.
Provide a $8,200.00 deposit to the Public Rights-of-Way Trust Fund at the District for the
required street improvements of approximately 41O-feet of 5-foot wide concrete sidewalk
abutting the parcel, prior to District approval of the final plat or issuance of a building pennit
(or other required pennits), whichever occurs first, OR the applicant shall be required to
construct a 5-foot wide detached concrete sidewalk on Locust Grove Road located 2-feet within
the new right-of-way, and provide an easement to the District. Coordinate the location and
elevation of the sidewalk with District staff.
5.
Utility street cuts in pavement less than five years old are not allowed llilless approved in
writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with
file number) for details.
6.
Meet District drainage requirements per section 8000 of the ACHD Development Policy
Manual. Contact District staff at 387-6170 for details.
7.
Any existing irrigation facilities should be relocated outside ofthe right-of-way.
Standard Requirements:
L
This decision ofthe Plmming and Development Supervisor may be appealed to the Ada County
Highway District Commission by the applicant or by another party within 15 calendar days
from the date of this report. The request shall specifically identify each requirement to be
reconsidered and include a written explanation of why such a requirement would result in a
substantial hardship or inequity. The request will be heard by the District Commission at an
evening meeting within 20 calendar days of the District's receipt of the appealletter. The
appellant will be notified of the date and time of the Commission meeting.
After ACHD Commission action, any request for reconsideration of the Commission's action
shall be made in writing to the Planning and Development Supervisor within two days of the
action and shall include a minimum fee of $110.00. The request for reconsideration shall
specifically identify each requirement to be reconsidered and include written documentation of
data that was not available to the Commission at the time of its original decision. The request
for reconsideration will be heard by the District Commission at the next regular meeting of the
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Commission. If the Commission agrees to reconsider the action, the applicant will be notified
of the date and time of the Commission meeting at which the reconsideration will be heard.
3.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #193, also known as Ada County Highway District Road Impact
Fee Ordinance.
4.
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.
5.
The applicant shall submit revised plans for staff approval, prior to issuance of building pennit
(or other required pennits), which incorporates any required design changes.
6.
Construction, use and property development shall be in confonnance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.
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 all rules, regulations, ordinances, plans,
or other regulatory and legal restrictions in force at the time the applicant or its successors in
interest advises the Highway District of its intent to change the planned use of the subject
property unless a waiver/variance of said requirements or other legal relief is granted pursuant
to the law in effect at the time the change in use is sought.
No change in the tenDS 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 confmnation of any change :trom the Ada County Highway District.
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Conclusion of Law:
1.
ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular and pedestrian transportation system within the vicinity
impacted by the proposed development.
Should you have any questions or comments, please contact the ACHD Planning and Development
staff at 387-6170.
Sincerely,
,
(!.~
Development Analyst
Planning & Development
cc:
Project file
Lead agency/City of Meridian
Chron
B & A Engineers
Anna Powell
5505 W. Franklin Road
Boise, Idaho 83705
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