HomeMy WebLinkAboutTreasure Valley Bapt ChAZ02-014
BEFORE THE MERIDIAN CITY COUNCIL
C/C 09-10-02
IN THE MATTER OF THE )
APPLICATION OF TREASURE )
V ALLEY 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 APPLICA TION FOR
ANNEXATION AND ZONING
The above entitled annexation aod 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 aod 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, aod 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 I I and 12, Meridian City Code, and all current zoning maps
thereof, and the Comprehensive Plao 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-02-0 14)
Page 1
Ordinaoce No. 629, January 4,1994, and maps and the ordinaoce 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 ofOverlaod Road, Meridian, Idaho, all within the Area ofImpact of the
City of Meridian and the Meridian Urban Service Planning Area.
4. The owner of record of the subject property is Treasure Valley Baptist Church;
and the applicaot 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/warehousebuildings.
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 Meridiao 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
V ALLEY BAPTIST CHURCH (AZ-02-014)
Page 2
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
I. 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 aoy existing domestic wells and/or septic systems within this project
from their domestic service, per City Ordinaoce Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape irrigation.
Adopt the Recommendations of the ACHD as follows:
I. Dedicate 48-feet of right-of-way from the centerline of Overland Road abutting
the parcel by means ofa warranty deed. The right-of-way purchase and sale
agreement and deed must be completed aod signed by the applicaot 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, gntter, 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 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 aoy 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 ANNEXATION AND ZONINGITREASURE
V ALLEY BAPTIST CHURCH (AZ-02-014)
Page 3
Adopt the Recommendations of the Meridian Fire Department as follows:
I. That a fire flow consistent with Appendix Ill-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 Occupaocies.
Adopt the comments from the Meridian Police Department as follows:
I. The police department cautions a traffic problem with vehicles exiting from the
church site on Sundays currently 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.
I I. 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 LAW -
AND DECISION AND ORDER GRANTING APPLICA nON
FOR ANNEXATION AND ZONING/TREASURE
VALLEY BAPTIST CHURCH (AZ-02-014)
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 laod to be "Mixed Planned Use Development".
13. It is not anticipated that the land to be aonexed will be rezoned in the future.
14. It is found that the property will be developed in a manner consistent with the
new zoning. Church uses are permitted uses in the L-O 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-O zoned
properties are used for church uses, it is also found that the L-O zoning is appropriate.
16. It is found that the proposed L-O zoning will not change the existing or intended
character of the area.
17. It is not aoticipated 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 aod 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 nuisaoces that would be detrimental to the general welfare of the surrounding area.
21. It is found that the annexation aod development of the property should not create
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGITREASURE
VALLEY BAPTIST CHURCH (AZ-02-0 14)
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
I. The City of Meridiao 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 ~ I I - I 6 provides the City may aonex 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 Plao 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/TREASURE
V ALLEY BAPTIST CHURCH (AZ-02-014)
Page 6
Comprehensive Plan and are applicable to this Application:
4.A Goals I through 10, inclusive.
5. The zoning of Limited Office District (L-O) is defined in the Zoning Ordinance at 9
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 ofa 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, aod is thus a transitional use. Connection to the Municipal
water aod 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 ofIaod. See Burt vs. The Citv 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 Meridiao 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 I 1-16-4 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 ZONINGITREASURE
VALLEY BAPTIST CHURCH (AZ-02-0 14)
Page 7
I. 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 Laod Surveyor, Licensed by the State ofIdaho, and shall conform ,
to all the provisions of the City of Meridiao 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:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
I. 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 Ordinaoce 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 warraoty 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 ofa 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 Ordinaoce #195).
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 permits),
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-halfofa
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 Staodard Conditions of Approval.
6. Adopt the recommendation of ACHD: if the rezone is approved aod 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 offuture 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 hydraots 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:
I. The police department cautions a traffic problem with vehicles exiting from the
church site on Sundays currently exists.
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 9
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation ofthe real property which is the
subject of the application to (L-O) Limited Office District, and Meridian City Code ~ 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 chaoges of the official boundaries and zoning maps as provided in Meridian City Code 9
I I -2 I -I 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 Meridiao.
Pursuaot to Idaho Code 9 67-6521 ao 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 aod who
may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as
provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
21--f!J- day of
~~~
,2002.
ROLL CALL
COUNCILMAN KEITH BIRD
VOTED 2et<-
COUNCILWOMAN TAMMY deWEERD
VOTED ~
COUNCILWOMAN CHERIE Mc CANDLESS
VOTED~"'--'
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 10
COUNCILMAN WILLIAM L.M. NARY
VOTED ---f/!!-t<-
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 9.--- 24--&'2-
VOTED
.,..--
MOTION: rM
APPROVE l~APPROVED:
Copy served upon Applicaot, the Planning aod Zoning Department, Public. Works Department and
the City Attorney.
ByJ~~.~ crated:
City Clerk
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FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/TREASURE
V ALLEY BAPTIST CHURCH (AZ-02-014)
Page 11