HomeMy WebLinkAboutZ - Approved Findings CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N,,
AND DECISION& ORDER
In the Matter of the Request for Rezone of 8.41-Acres of Land from the I-L to the C-C Zoning
District for the property Located at 3600 W.Nelis Dr.,by Calvary Chapel Meridian.
Case No(s). H-2024-0020
For the City Council Hearing Date of: October 22, 2024 (Findings on November 6,2024)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of October 22,2024, incorporated
by reference)
2. Process Facts(see attached Staff Report for the hearing date of October 22, 2024, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 22,
2024, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of October 22,2024,incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title I I Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019, Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of October 22,2024, incorporated by reference. The conditions are concluded to be
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR CALVARY CHAPEL RZ H-2024-0020 - 1 -
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for a rezone with the requirement of a new development agreement is
hereby approved per the conditions of approval in the Staff Report for the hearing date of
October 22,2024, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of October 22,2024
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR CALVARY CHAPEL RZ H-2024-0020 -2-
By action of the City Council at its regular meeting held on the 6th day of November
2024.
COUNCIL PRESIDENT LUKE CAVENER VOTED
COUNCIL VICE PRESIDENT LIZ STRADER VOTED
COUNCIL MEMBER DOUG TAYLOR VOTED
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER BRIAN WHITLOCK VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 11-6-2024
Attest:
Chris Johnson 11-6-2024
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By: Dated: 11-6-2024
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR CALVARY CHAPEL RZ H-2024-0020 -3-
EXHIBIT A
COMMUNITY DEVELOPMENT �E DEPARTMENT REPORT
REPORT �✓ �r
HEARING 10/22/2024
DATE: ® wl
TO: Mayor& City Council7.1
FROM: Sonya Allen,Associate Planner
208-884-5533
sallen@meridiancity.org
APPLICANT: Calvary Chapel Meridian
SUBJECT: H-2024-0020 �.
Calvary Chapel Meridian-RZ legend
Project location
LOCATION: 3600 W.Nelis Dr. ±_
Area of Impact
� City limits �`I-, ��yj �
OAnalysis M-
I. PROJECT OVERVIEW
A. Summary
Rezone of 8.41-acres of land from the I-L to the C-C zoning district.
B. Issues/Waivers
None
C. Recommendation
Staff. Approval with the requirement of a new development agreement.
Commission Recommendation: Approval as recommended by Staff
D. Decision
Approved
II. COMMUNITY METRICS
Table 1•Land Use
Description Details Map Ref.
Existing Land Use(s) Church,private education institution -
Proposed Land Use(s) No change in use proposed -
Existing/Proposed Zoning I-L(Light Industrial)/C-C(Community Business) A.ii
Future Land Use Designation Mixed Use Non-Residential(MU-NR) A.iii
Table 2: Process Facts
Description Details
Preapplication Meeting date 4/30/2024
Neighborhood Meeting 5/20/2024
Site posting date 9/3/2024 -
City of Meridian I Department Report I. Project Overview
Table 3: Community Metrics
Agency/Element Description/Issue Reference
Ada County Highway District
• Comments Received No -
• Commission Action Required No -
• Access W.Nelis Dr. -
ITD Comments Received Yes(no comments or concerns)
Note: See section 0. IV. City/Agency Comments&Conditions and/or the public record for comments
received.
III. STAFF ANALYSIS
Comprehensive Plan and Unified Development Code (UDC)
A. History
This property is part of the larger McNelis Subdivision that was annexed in 2004 with a
Development Agreement(DA)and a preliminary plat; a final plat was later approved and
recorded that included this property as Lot 4,Block 2,McNelis Subdivision. The DA was later
amended in 2011.
A Conditional Use Permit(CUP)was approved in 2018 for a 28,000+/- square foot(s.£)church
use in the I-L zoning district on the subject property. A Certificate of Zoning Compliance(CZC)
and Design Review(DES)application was approved in 2020 for a 23,119 s.f. 2-story church on
this site as approved with the CUP. Another CZC and DES application was approved earlier this
year for four(4)new 30' x 40' outbuildings to be used for youth and adult ministry and an office
and a 20' x 40' storage building totaling 5,600 s.f. overall;the building permit is still in process
and has not yet been issued.
B. General Overview
No new development is proposed with this application. The Applicant has been operating a
private education institution(i.e. Christian school for pre-K through I I'grade)out of the existing
church and plans to move it to the new buildings east of the church in the future once they're
constructed. These buildings will be used for school,youth group,church ministry and bible
classes.
The existing I-L(Light Industrial)zoning district prohibits private education institutions;
therefore,the use is operating illegally. The proposed rezone will remedy this situation. The
proposed C-C (Community Business)zoning district will accommodate the church use as well as
the private education institution and is consistent with the underlying FLUM designation of
Mixed Use Non-Residential for the property. A legal description and exhibit map for the property
proposed to be rezoned is included below in Section VII.B.
As a provision of the proposed rezone, Staff recommends a new DA for the subject property that
accommodates the proposed C-C zoning and the church and private education institution uses.
The new DA will only be for this property and the property will no longer be subject to the
existing DA and addendum for McNelis Subdivision. See Section IV below for recommended
provisions.
Table 4: Project Overview
Description Details
History AZ-04-004,PP-04-004(McNelis Subdivision Ord.#04-1090,DA Inst.
#104093293);FP-05-047;TE-05-003 (1-year time extension on the PP);
CPAM-10-002;MDA-11-002(Addendum to McNelis Subdivision DA,
Inst.#112054621);H-2018-0031 (CUP);A-2020-0009(CZC/DES for
' church);A-2024-0028(CZC/DES).
City of Meridian I Department Report III. Staff Analysis
Description Details
Physical Features The Fivemile Creek runs along northern boundary and the Ninemile Creek
runs along the western boundary of the site.
Acreage 8.36-acres
C. Site Development and Use Analysis
1. Existing Structures/Site Improvements (UDC 11-1):
There is an existing church building on the site; four(4)new outbuildings have been
approved by the Planning Division to develop on the east side of the church,which are being
combined into two (2)buildings, and one (1)new storage building is proposed at the
northwest corner of the site; the building permit(C-NEW-2024-0017)for these structures has
not yet been issued.
City services and utilities are provided to this site. This site has been improved with parking,
landscaping, sidewalks,multi-use pathways, etc. in accord with UDC standards.No further
improvements are required with this application.
2. Proposed Use Analysis (UDC 11-2):
The existing church and private education institution use are not proposed to change and no
other uses are proposed. A future school is depicted on the site plan in the area west of the
existing church as shown on the site plan included below in Section VII.C. In the interim and
while funds are being raised for the future school building, classes will be held in the
buildings proposed to be constructed east of the church.
The conceptual site development plan included in Section VII.0 below depicts the previously
approved future buildings on the east side of the church,the storage building at the northwest
corner of the site and the future school building to the west of the church. Staff recommends
future development generally comply with this plan and that it's included in the
development agreement.
The UDC(Table 11-2B-2)lists churches and private education institutions as principal
permitted uses in the C-C zoning district. Because there are specific use standards
associated with the education institution and this use has not been previously approved,
Staff recommends within 60 days of City Council's action on the Findings of Fact,
Conclusions of Law and Decision& Order,the Applicant sign the development
agreement and return it to the City along with a Certificate of Zoning Compliance—
Change of Use application for approval of the private education institution.A new
Certificate of Occupancy for the church and private education institution use will also
need to be applied for through the Building Division.
Per UDC 11-1A-1, a church or place of religious worship is defined as:An establishment that
by design and construction is primarily intended for conducting organized religious services,
meetings, and associated activities and that is recognized as a religious corporation or
society of the State of Idaho with a state tax exempt status in accord with I.C. 63-602B.
3. Dimensional Standards (UDC 11-2):
See UDC Table 11-2B-3 for dimensional standards for the C-C district. There are no
residential uses abutting the site;therefore, a landscape buffer to residential uses is not
required. Accordingly,the business hours of operation are not restricted.
4. Specific Use Standards (UDC 11-4-3):
The specific use standards associated with a church are listed in UDC 11-4-3-6; and the
specific use standards associated with an education institution are listed in UDC I1-4-3-14.
City of Meridian I Department Report 111. Staff Analysis
IV. CITY/AGENCY COMMENTS & CONDITIONS
A. Meridian Planning Division
1. A new Development Agreement(DA) shall be required as a provision of the RZ application.
The previous DA [i.e. AZ-04-004 McNelis Subdivision—Inst. #104093293 and subsequent
addendum(MDA-11-002—112054621)] shall no longer be in effect for the subject property.
Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior
to commencement of the DA.Prior to approval of the rezone ordinance, a new DA shall be
entered into between the City of Meridian and the property owner at the time of rezone
ordinance adoption. The DA shall be signed by the property owner and returned to the
Planning Division within sixty(60) days of the date of City Council approval of the
Findings of Fact,Conclusions of Law and Decision& Order for the Rezone.The new
DA shall incorporate the following provisions:
i. The Applicant shall comply with all previous conditions of approval associated with this
site [i.e. H-2018-0031 (CUP);A-2020-0009 (CZC/DES); A-2024-0028 (CZC/DES)].
ii. Future development shall be generally consistent with the site development plan included
in Section VII.0
iii. The use of the subject property is restricted to a church or place of religious worship as
defined in UDC 11-1A-1; and a private education institution associated with the church.
iv. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-6—
Church or Place of Religious Worship and 11-4-3-14—Education Institution, as
applicable.
v. The Applicant shall submit a Certificate of Zoning Compliance Change of Use
application to the Planning Division of the Community Development Department for
approval of the private education institution use within sixty(60) days of City Council's
approval of the Findings of Fact, Conclusions of Law and Decision&Order for the
subject rezone application.
vi. The Applicant shall submit an application to the Building Division of the Community
Development Department for a new Certificate of Occupancy for the church and private
education institution use after obtaining approval of the Certificate of Zoning Compliance
Change of Use from the Planning Division.
Other Agency comments may be accessed in the project flle, included in the public record.
V. FINDINGS
B. Rezone(UDC 11-511-3E)
Upon recommendation from the commission,the council shall make a full investigation and shall,
at the public hearing,review the application. In order to grant an annexation and/or rezone,the
council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive plan;
The City Council the proposed map amendment to C-C complies with the applicable
provisions of the comprehensive plan.
City of Meridian I Department Report 0. IV. City/Agency Comments&Conditions
2. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds the proposed map amendment complies with the regulations outlined
for the proposed district, specifically the purpose statement.
3. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
The City Council finds the proposed map amendment shall not be materially detrimental to
the public health, safety and welfare.
4. The map amendment shall not result in an adverse impact upon the delivery of services by
any political subdivision providing public services within the city including,but not limited
to, school districts; and
The City Council finds the proposed map amendment shall not result in an adverse impact
upon the delivery of services by any political subdivision providing public services within the
City including, but not limited to school districts.
5. The annexation(as applicable)is in the best interest of city.
This finding is not applicable as the request is for a rezone, not annexation.
VI. ACTION
A. Staff:
Approval with the requirement of a new DA.
B. Commission:
The Commission heard this item on September 19, 2024.At the public hearing the
Commission moved to approve the subject RZ request.
1. Summary of the Commission public hearin&
a. In favor: Troy Drake,Calvary Chapel(Applicant)
b. In opposition: None
C. Commenting. None
d. Written testimony: Scott Herrell,Calvary Chapel(Applicant)
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony
a. None
3. Key issue(s) of discussion by the Commission:
a. None
4. Commission changes to the Staff recommendation:
a. None
C. City Council:
The Meridian City Council heard this item on October 22, 2024. At the public hearing the
Council moved to approve the subject RZ request.
1. Summary of the City Council public hearing:
a. In favor:None
b. In opposition:None
C. Commenting:None
d. Written testimony:None
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
City of Meridian I Department Report 0. VI . Action
a. None
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation:
a. None
City of Meridian I Department Report 0. VI . Action
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B. Rezone Legal Description & Exhibit Map
5avvtaoth Land Surveying, LLC
2030 5. Vva5hing:Qn Ave.
� f`f rmmett, ID 836 1 7
! G P!{208}398-81 04
1 rr(206)398-8105
Description
A parcel of land being all of Lot 4, Black 2 and a portion of the West half of West Nelis Drive as shown
on the Plat of McNelis Subdivision, Book 100 Pages 13062-13084 at the Ada County Recorder. Said
parcel being located in the South 1/2 of Section 34, Township 4 North, Range 1 West, Boise Meridian,
Ada County, Idaho and more particularly described as follows:
COMMENCING at the Northwest confer of said Lot 4 and the POINT OF BEGINNING;
Thence N 80°3141"E 287.40 feet;
Thence S 86051'15"E 501.30 feet;
Thence S 001001'19"E 251.04 feet;
Thence 5 52044'39"E 374.70 feet to the Centerline of West Nells Drive;
Thence along said Centerline a non-tangent curve to the left having an arc length of 68.36 feet, a
radius of 400.00 feet, and a long chord that bears S 231159'36"W a chord length of 68.27 feet,-
Thence leaving said Centerline N 801150'56"W 259.19 feet;
Thence N 89143'00"W 379.54 feet;
Thence N 3712541"W 130.DO feet;
Thence N 43110633"W 45.13 feet;
Thence along a tangent curve to the left haVring an arc length of 152.82 feet, a radius of 290.92 feet,
and a long chord that bears N 5800930"W a chord length of 151.07 feet;
Thence N 731112'27"W 105.95 feet;
Thence along a tangent curve to the right having an arc length of 122.51 feet, a radius of 100.5D feet,
and a long chord that bears N 381117'09"W a chord length of 115.06 feet;
Thence N 031121'51"W 140.80 feet POINT OF BEGINNING.
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Containing 8.406 acres, more or less.
a 19599 VC
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City of Meridian I Department Report 0. VII. Exhibits
THIS DESCRIPTION WA5 PREPARED FROM RECORD DATA
END OF DESCRIPTION
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City of Meridian Department Report 0. VII. Exhibits
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City of Meridian I Department Report 0. VII. Exhibits
C. Conceptual Site Development Plan-Revised
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City of Meridian Department Report 0. VII. Exhibits