Loading...
HomeMy WebLinkAboutTreasure Valley Baptist Church AZ-02-014 BEFORE THE MERIDIAN CITY COUNCIL C/C 09-10-02 IN THE MATTER OF THE ) APPLICATION OF TREASURE ) VALLEY BAPTIST CHURCH, THE ) APPLICATION FOR ANNEXATION ) AND ZONING OF 4.39 ACRES FOR ) PROPOSED TREASURE VALLEY ) BAPTIST CHURCH, LOCATED AT) 1500 SOUTH TEARE AVE., NORTH ) OF OVERLAND ROAD, ) MERIDIAN, IDAHO ) Case No. AZ-02-014 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 September 10,2002, at the hour of7:00 p.m., and Brad Hawkins-Clark of the Planning and Zoning Department, and Bob Aldridge, 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 aU notice and hearing requirements set forth in Idaho Code 99 67-6509 and 67-6511, and Meridian City Code 99 11-15-5 and 11-16-1. 2. The City Council takes judicial notice of its zoning, subdivision and development ordinances codified at Titles II and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TREASURE VALLEY BAPTIST CHURCH (AZ-02-014) Page 1 Ordinance No. 629, Janumy 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 3. The property which is the subject of the application for annexation and zoning is described in the application, and is approximately 4.39 acres in size, is located at 1500 South Teare Ave., north of Overland Road, Meridian, Idaho, 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 propeliy is Treasure Valley Baptist Church; and the applicant is owner of record. 5. The property is presently zoned R-2, and contains a single-family residence. 6. The Applicant requests the property be zoned as L-O, with the intent to develop and construct a church on the property, which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Mixed Planned-Use Development. 7. The subject property is bordered to the north by a Treasure Valley Baptist Church, to the south by Sportsman Pointe Subdivision, to the east by Treasure Valley Baptist Church, and to the west by industrial/warehouse buildings. 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 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 - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TREASURE VALLEY BAPTIST CHURCH (AZ-02-014) Page 2 Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Domestic water and sewer service to this site shall be via existing mains adjacent to the site. 2. Essential City services are available to the subject property. 3. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. Adopt the Recommendations of the ACHD as follows: ]. Dedicate 48-feet of right-of-way from the centerline of Overland 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. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance # 195). 2. Provide a $5,800.00 deposit to the Public Rights-of-Way trust fund at the District for the required street improvements of approximately 290 feet of 5 foot wide concrete sidewalk on Overland Road abutting the parcel, prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 3. Construct curb, gutter, 5 foot wide concrete sidewalk and match paving on Teare A venue abutting the parcel. Improvements shall be constructed to one-half of a 40 foot street section. 4. As required by District policy, restrictions on the width, number, and locations of driveways shall be placed on future development of this parcel. 5. Comply with all Standard Conditions of Approval. 6. Adopt the recommendation of ACHD: if the rezone is approved and the District receives a development proposal, the District intends to provide requirements, as listed above, in addition to any additional requirements that may apply upon ACHD's review of future development, to the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXA TrON AND ZONING/TREASURE VALLEY BAPTIST CHURCH (AZ-02-014) Page 3 Adopt the Recommendations of the Meridian Fire Department as follows: 1. 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' apart. 2. Operational fire hydrants are required before combustible construction begins. 3. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department. 5. All radii shall be 28' inside and 48' outside radius. 6. The facility shall be required to comply with the requirements of the 1997 UFC for Assembly Occupancies. Adopt the comments from the Meridian Police Department as follows: 1. The police department cautions a traffic problem with vehicles exiting from the church site on Sundays ClllTently exists. 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. 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, FINDINGS OF FACT AND CONCLUSIONS OF LA W - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TREASURE VALLEY BAPTIST CHURCH (AZ-02-0 14) Page 4 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 uses (church) are harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map (1993), which designates the land to be "Mixed Planned Use Development". 13. It is not anticipated that the land to be annexed will be rezoned in the future. 14. It is found that the property will be developed in a manner consistent with the new zonmg. Church uses are permitted uses in the L-Q zone. 15. It is found that there have been no major changes in the area that would dictate how the area should be rezoned, however due to the fact that the surrounding L-Q zoned properties are used for church uses, it is also found that the L-Q zoning is appropriate. 16. It is found that the proposed L-Q zoning will not change the existing or intended character of the area. 17. It is not anticipated that the proposed L-O zone will result in any future re- development that will be hazardous or disturbing to future or existing neighbors. 18. It is found that the property to be annexed can be served adequately by all essential public facilities and services. 19. 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. 20. 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. 21. It is found that the annexation and development of the property should not create FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TREASURE VALLEY BAPTIST CHURCH (AZ-02-014) Page 5 any additional interference with the existing traffic on Overland or Teare. All future development will require coordination with the Ada County Highway District to ensure no conflicts with nearby driveways/roadways exist or are created. 22. It is found no natural or scenic features of major importance will be lost or damaged by approving the annexation and rezone. 23. It is additionally found that the annexation of this enclave property would be in the best interest of the City. 24. 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 9 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 the Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be peliinent provisions of the City of Meridian FINDrNGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TREASURE VALLEY BAPTIST CHURCH (AZ-02-0I4) Page 6 Comprehensive Plan and are applicable to this Application: 4.A 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 ofthis District. The L-Q 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.ofland. See Burt vs. The City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 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, wh ich 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 ofthe 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TREASURE VALLEY BAPTIST CHURCH (AZ-02-014) Page 7 1. The applicant's request for annexation and zoning of approximately 4.39 acres to Limited Office District (L-O) is granted subject to the terms and conditions ofthis Order hereinafter stated. 2. The application is for annexation and zoning of 4.39 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State ofIdaho, 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 shaH 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: 1. Domestic water and sewer service to this site shall be via existing mains adjacent to the site. 2. Essential City services are available to the subject property. 3. Remove any existing domestic wells and/or septic systems within this project from their domestic service, per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. Adopt the Recommendations of the ACHD as follows: 1. Dedicate 48-feet of right-of-way from the centerline of Overland 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. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #] 95). FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TREASURE VALLEY BAPTIST CHURCH (AZ-02-014) Page 8 2. Provide a $5,800.00 deposit to the Public Rights-of-Way trust fund at the District for the required street improvements of approximately 290 feet of 5 foot wide concrete sidewalk on Overland Road abutting the parcel, prior to District approval of the final plat or issuance of a building permit (or other required pennits), whichever occurs first. 3. Construct curb, gutter, 5 foot wide concrete sidewalk and match paving on Teare Avenue abutting the parcel. Improvements shall be constructed to one-half of a 40 foot street section. 4. As required by District policy, restrictions on the width, number, and locations of driveways shall be placed 011 future development of this parcel. 5. Comply with all Standard Conditions of Approval. 6. Adopt the recommendation of ACHD: if the rezone is approved and the District receives a development proposal, the District intends to provide requirements, as listed above, in addition to any additional requirements that may apply upon ACHD's review of future development, to the City of Meridian. Adopt the Recommendations of the Meridian Fire Department as follows: 1. 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' apart. 2. Operational fire hydrants are required before combustible construction begins. 3. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Depmiment. 5. All radii shall be 28' inside and 48' outside radius. 6. The facility shall be required to comply with the requirements of tIle 1997 UFC for Assembly Occupancies. Adopt the comments from the Meridian Police Department as follows: I. The police depmiment cautions a traffic problem with vehicles exiting from the church site on Sundays cUlTent1y exists. FINDINGS OF FACT AND CONCLUSIONS OF LA W - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TREASURE VALLEY BAPTIST CHURCH (AZ-02-014) Page 9 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation ofthe real propelty which is the subject of the application to (L-O) Limited Office District, and Meridian City Code 9 11-7-2. 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 S 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 ofthe City of Meridian. Pursuant to Idaho Code 9 67 -6521 an affected person is a person who has an interest in real propelty 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 ofthis 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 2 .d-.f5-- f day of Jip~~ ,2002. ROLL CALL COUNCILMAN KEITH BIRD VOTED2t1L.- COUNCIL WOMAN TAMMY de WEERD VOTED~?L COUNCILWOMAN CHERIE Mc CANDLESS VOTED2Pf...-- FrNDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TREASURE VALLEY BAPTIST CHURCH (AZ-02-014) Page 10 ( COUNCILMAN WILLIAM L.M. NARY VOTED ---f/!!- t<- -- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 9r-24--tJ2- VOTED MOTION: ~ APPROVE~ROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ByJl~ ~ ~ Cfoaled City Clerk f 9-26.-tJL- ~ -r'^ /--:,.. "-"";4 << . C' Z:\ WorklM\Mcrid i~ll\Mcri d ian 15360 M\ TrcasllJ'c Va Ilcy Baptist Ch urch AZ02.0 14 \AZFfC I&Ol'dcr.doc II III11 . . 01 t' '";'( i i ~ . FINDINGS OF FACT AND CONCLUSIONS OF LA W . AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/TREASURE VALLEY BAPTIST CHURCH (AZ-02-0 14) Page I]