HomeMy WebLinkAboutValley Shepherd Nazarene Church RZ-07-012CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of the Rezoning of 22.7 acres from R-8 (Medium-Density Residential) to C-G
(General Retail and Service Commercial), for Valley Shepherd Church Meridian by Valley
Shepherd Church of the Nazarene
Case No(s). RZ-07-012
For the City Council Hearing Date of: August 21, 2007 (Findings on the September 4, 2007
City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2007
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of August 21, 2007
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August
21, 2007 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of August 21, 2007 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 (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-07-012 Aage 1 of 3
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 Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, and the Conditions of Approval all
in the attached Staff Report for the hearing date of August 14, 2007 incorporated by
reference. The conditions are concluded to be 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-SA and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
The applicant's Rezone as evidenced by having submitted the legal description and
exhibit map stamped and dated April 13, 2007 by Kevin Sorensen, PLS, is hereby
approved; and,
2. A Development Agreement is required with approval of the subject rezone and shall
include the provisions noted in the attached Staff Report for the hearing date of August
21, 2007 incorporated by reference.
D. Attached: Staff Report for the hearing date of August 21, 2007.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-07-012 Page 2 of 3
By action of the City Council at its regular meeting held on the `t~~ day of
2007.
COUNCIL MEMBER DAVID ZAREMBA VOTED_~~ G~~-
COUNCIL MEMBER JOE BORTON VOTED_ (~~`~
COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~~
COUNCIL MEMBER KEITH BIRD VOTED__~~~-
TIE BREAKER ~~
MAYOR TAMMY de WEERD VOTED
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MAYOR TAMMY Y de WEERD
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ATTEST: _ ~ `^~1,\:
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WILLIAM G. BERG JR. IT CLERK
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Copy served upon: ~ Applicant ~ ' '
Planning Department
t/' Public Works Department
City Attorney
B ~' ,~ Dated: ~ " U Z--
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City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-07-O12 Page 3 of 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
STAFF REPORT
Hearing Date: 8/21/2007
TO: Mayor & City Council
FROM: Amanda Hess, Associate City Planner
(208) 884-5533
SUBJECT: Valley Shepherd Nazarene Church
• RZ-07-012
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Request for rezoning of 22.7 acres from R-8 (Medium-Density Residential)
to C-G (General Retail and Service Commercial), by Valley Shepherd
Church of the Nazarene
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The Applicant, Valley Shepherd Church of the Nazarene, has applied for Annexation and Zoning (AZ) to
C-G (General Retail & Service Commercial) of approximately 22.7 acres of property currently zoned R-8
(Medium Density Residential) in the City of Meridian. The Applicant requests annexation to allow for
electronic signage and recreational activities on-site which are not principally permitted uses within the
existing R-8 zone.
The site is located at 150 West Maestra Street on the west side of S. Meridian Road, at approximately the
'/z mile mark between Overland and Victory Roads. This site is currently under construction for achurch /
place of worship. This property is within the City's Area of Impact and Urban Service Planning Area and
also lies within Meridian City limits.
2. SUMMARY RECOMMENDATION
The subject application (AZ) was submitted to the Planning Department for review. Below, Staff has
provided a detailed analysis, comments, and recommended actions for the requested RZ application. Staff
is recommending approval of the Valley Shepherd rezoning (R~07-012) request as presented in the
staff report for the hearing date of July 19, 2007, and based on the Findings of Fact listed in Exhibit
D.
The Meridian Planning & Zoning Commission heard this item on June 21, 2007 and July 19, 2007.
At the public hearing the Commission moved to recommend approval of the rezone (RZ-07-012)
from R-8 to L-O.
a. Summary of Commission Public Hearing:
i. In favor: Brad Hoaglun (Church Board Member)
ii. In opposition: Sharma Gardiner. Kathleen James (Resident of Strada
Bellissima, Jim Kouril (Representation for Residents of Bear Creek), Debra
Ross, Darlene Wheeler(Resident), Lachelle Bonner (Resident)
iii. Commenting: Larry Kelly
iv. Written testimony: Brian Beckley, VP of Bear Creek HOA (letter w/petition
containing 236 signatures), Scott Anders, Aaron Neal
v. Staff presenting application: Amanda Hess
vi. Other staff commenting on application: Ted Baird, Caleb Hood
Valley Shepherd Nazarene Church - RZ-07-012
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
b. Key Issue(s) of Discussion by Commission:
i. The increase in traffic to the adjacent residential subdivisions (Strada Bellissima
and Bear Creek).
ii. The allowed signage for the L-O and C-G zoning districts (Electronic Reader
Boards .
iii. The impacts of future commercial developments may have on the existing
residential neighborhoods.
c. Key Commission Change(s) to Staff Recommendation:
i. Commission was in favor of changing the zoning from C-G to L-O and having
the L-O signage standards apply to the property.
d. Outstanding Issue(s) for City Council:
i. Appropriate zoning for the site.
he Meridi an City Council heard thec item nn August ~ ~nm At thn mihlir hvarina thv itv
ouncil ann roved the re onin rea ~e t (R .- 07-0121 from R-S to -
a. ummarv of City Council Public Nearing
i. n favor: Brad HOaglun fChnch Rna_rrl Me_m__herl_ Keith RickPttc_ Tim PprrPll
^
Mark Johnson. Kimberl y oho on.
e_r_ ald ohnson. George Z.ickefoose= Boh_
Marsland
ii. In opnosition: None
iii. Commenting: James Pra ther
iv. Written testimony: Keith Rickett
v. taff presenting auolica i on: Anna .annin
vi. ther staff commentin o n appl ation• Non
ISL. ev Issues of Diccuccion by o .n il:
i. Location of the propoced
ati
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i electronic reader board sign on Meridian Rd. in
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ev Council Cha des to Staff/Co o
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mmi ion Recommendation
1. he City Council approv ed the annli ant's rezone rem~est from R-R t
11. he C1ty Council cunnn rtP taff and the ommi lonc r cnmmenrlatinn tp
emend the current DA for thi ite to incl ode the provisions listed within
lanning's condition of a pproval 1.1.
3. PROPOSED MOTIONS
Approval
After considering all Staff, Applicant, and public testimony, I move to recommend approval to the
City Council of File Number RZ-07-012, as presented in the staff report for the hearing date of
August 21, 2007, with the following modifications: (add any proposed modifications)
Denial
After considering all Staff, Applicant, and public testimony, I move to recommend denial to the City
Council of File Number RZ-07-012, as presented during the hearing on August 21, 2007: (please
state specific reasons for denial of the rezone request)
Continuance
After considering all Staff, Applicant, and public testimony, I move to continue File Number RZ-07-
012 to the hearing date of (insert continued hearing date here) for the following reason(s): (state
specific reason(s) for continuance)
Valley Shepherd Nazarene Church - RZ-07-012
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21.2007
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
150 W. Maestra Street
Meridian, ID 83642
NE '/ SE % Section 24, T3N, R1 W
b. Owner /Applicant:
Valley Shepherd Church of the Nazarene
831 N. Main Street
Meridian ID 83642
c. Representative: George Zickefoose, Valley Shepherd Church of the Nazarene
d. Present Zoning: R-8
e. Present Comprehensive Plan Designation: Public /Quasi-Public
f. Description of Applicant's Request: Request for change in zoning to accommodate the desired
signage for the church. Reader board signs are currently prohibited in all residential, office, and
neighborhood and community commercial districts.
g. Applicant's Statement/Justification (reference submittal material): Valley Shepherd Church of
the Nazarene is building a new church on the Meridian-Kuna Highway. Presently zoned R-8, we
find that several of the normal functions of the church and congregational life are not permitted.
We request rezoning to "Commercial" to allow for electric signage and the use of the site for
celebrative and recreational activities.
5. PROCESS FACTS
a. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By
reason of the provisions of the Meridian City Code, Title 11, Chapter 5, a public hearing is
required before the Planning & Zoning Commission and City Council on this matter.
b. Newspaper notifications published on: June 4, 2007; June 18, 2007 (Commission); July 30, 2007
and August 13, 2007 (City Council)
c. Radius notices mailed to properties within 300 feet on: May 30, 2007 (Commission); July 27,
2007 (City Council)
d. Applicant posted notice on site by: June 11, 2007 (Commission); August 10, 2007 (City
Council
6. LAND USE
a. Existing Land Use(s): Under construction for a church.
b. Description of Character of Surrounding Area: Existing single family residences (Bear Creek)
and Light-Office properties to the south.
c. Adjacent Land Use and Zoning
1. North: Single family residential, zoned R-4
2. East: Single family residential, zoned RUT (Ada County)
3. South: Office and Residential (Strada Bellissima), zoned L-O and R-4
Valley Shepherd Nazarene Church - RZ-07-012
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
4. West: Single family residential, zoned R-4
d. History of Previous Actions:
In 2000, the Applicant, Valley Shepherd Church of the Nazarene, was granted annexation and
zoning approval for achurch /multi-purpose facility to be located at 150 W. Maestra (AZ-00-
018). The approved zoning was R-8. At that time, the Applicant was required to enter into a
development agreement which limited use of the site to just that -achurch. The DA also
stipulated that prior to construction of the church building or other buildings on-site, procurement
of a CUP was first required.
In 2006, Valley Shepherd Church of the Nazarene was granted detailed conditional use approval
for construction of the church lying within an R-8 (Medium Density Residential) district. (See
CUP-OS-058 for more information, if necessary.)
e. Existing Constraints and Opportunities:
1. Public Works
Location of sewer: Service extension from mains in Meridian Road.
Location of water: Stub streets in Strada Bellissima to the south and Bear Creek to
the north.
Issues or concerns: Preserving a corridor for a future sewer trunk.
2. Vegetation: None
3. Floodplain: None
4. Canals /Ditches /Irrigation: Kennedy Lateral
5. Hazards: None
6. Proposed Zoning: C-G
7. Size of Property: 22.69 acres
8. Description of Use: Place of religious worship
£ Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to
the site will be via W. Maestra Street.
7. COMMENTS MEETING
On June 1, 2007, Planning Staff held an agency comments meeting. The agencies and departments
present included: Meridian Fire Department, Meridian Police Department, Meridian Public Works
Department, and the Sanitary Services Company. Staff has included all comments and recommended
actions as Conditions of Approval in the attached Exhibit B.
S. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Public /Quasi-Public" on the Comprehensive Plan Future Land Use Map.
"Public /Quasi-Public" areas are designated to preserve and protect existing private, municipal, state, and
federal lands (see Page 106 of the Comprehensive Plan). This category includes churches and public lands
(excluding parks and schools) within the Area of City Impact. The redevelopment of these areas should
be guided by the intensity of the existing use, the underlying zoning of the property, the surrounding land
uses, the location of the property, and the transportation issues associated with the development of the
property.
The Applicant is requesting to rezone this property to C-G. A church is a principally permitted use in all
of the commercial zones (L-O, C-N, C-C, & C-G), a conditional use in industrial and certain residential
Valley Shepherd Nazarene Church - RZ-07-012
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21.2007
zones (I-L, I-H, R-8, R-15, & R-40), and is prohibited in the R-2 and R-4 zones. The Comprehensive Plan
Future Land Use Map designation for this property is "Public /Quasi-Public." The UDC does not have a
Public /Quasi-Public zoning district. However, the Applicant has received prior conditional use approval
for a church in an R-8 zone.
Staff believes that the requested C-G zoning designation for this property for a church generally
complies with the intent of the Comprehensive Plan for the existing and future land use of this
property. Staff recommends that the Commission and Council rely on any verbal or written testimony
that may be provided at the public hearing when determining the most appropriate zone for this property.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2B-2 lists churches or places of religious worship as
principal permitted uses in the requested C-G zone.
b. Purpose Statement of Zone: "The purpose of the commercial districts is to provide for the retail
and service needs of the community in accord with the Meridian Comprehensive Plan. Four (4)
districts are designated which differ in the size and scale of commercial structures accommodated
in the district, the scale and mix of allowed commercial uses, and the location of the district in
proximity to streets and highways."
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
REZONE ANALYSIS:
The legal description for the proposed rezone submitted with the application (prepared on April
13, 2007, by Kevin N. Sorensen, PLS) shows the property within the existing corporate boundary
of the City of Meridian.
The current church use of this property is not proposed to change. Following annexation of the
property to the R-8 (Medium Density Residential) zoning district, the site received conditional
use permit approval for construction of a church within the R-8 zone, as churches are
conditionally allowed within the said zone. Rezoning the property to C-G will allow the church to
operate as a principally permitted use in the zone. As a permitted use, the church will be able to
obtain a permit for a reader board sign and expand the existing use, if so desired.
The Applicant has not submitted a site plan or elevations with this application as there are no
changes proposed to the site or building at this time. The Applicant only wishes to rezone the
property at this time.
Staff believes the Applicant's request to rezone the property to C-G is reasonably compatible with
the surrounding zoning. The property to the southeast (across Meridian Road) is currently zoned
C-G, while a portion of the property directly south is zoned L-O. A majority of the adjacent lands
are zoned residential. However, based on the fact that the current use of the property is not
proposed to change, the compliance of the church use in the proposed C-G zone with the
Unified Development Code, and the general conformance of the proposal with the policies
and goals contained in the Comprehensive Plan, Staff believes that rezoning the subject
property from R-S to C-G is justifiable. Please see Exhibit D for detailed analysis of the
required facts and findings for rezoning.
Development Agreement: UDC 11-SB-3D2 provides the Planning & Zoning Commission and
City Council the authority to require a property owner to enter into a Development Agreement
with the City of Meridian that may require some written commitment for all future uses. Due to
the Applicant's request for an intense commercial district for the site, and recognizing the
surrounding residential uses, Staff believes that a Development Agreement is necessary to
Valley Shepherd Nazarene Church - RZ-07-012
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
ensure that this property is utilized in a fashion that is consistent with the Comprehensive
Plan and does not negatively impact nearby properties. If the Commission or Council feels
additional development agreement requirements are necessary, Staff recommends a clear outline
of the commitments of the developer being required.
As there already exists a development agreement (DA) approved with the Annexation and
Zoning (AZ-00-018), Staff believes an addendum to said DA should be required as part of
the rezone of this property. Prior to the rezone ordinance approval, said addendum shall be
accomplished between the City of Meridian and the property owner(s) (at the time of rezone
ordinance adoption). The Applicant shall contact the City Attorney, Bill Nary, at 888-4433
within 6 months of Council approval to initiate this. The addendum shall include, at a
minimum, the following:
• That the following shall be the only allowed uses on this property: Church /religious
place of worship and ancillary church celebrative & recreational activities. No retail or
service uses or conditionally allowed commercial uses are permitted on this property.
• Future development of the property shall remain consistent with the site and landscaping
plans approved with CUP-OS-058.
• That all uses shall not involve activities, processes, materials, equipment, and conditions
of operation that will be detrimental to any persons, property, or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare, or odors.
• Any proposed change in use of the property shall require public hearings before the
Meridian Planning & Zoning Commission and City Council. Said hearings shall consist
of modifications to the Development Agreement and the existing Conditional Use Permit
in effect for the site.
b. Staff Recommendation: Staff recommends approval of the proposed Rezone (RZ-07-012)
based on the Findings of Fact as listed in Exhibit D and subject to the Development
Agreement provisions listed in Section 10 and Exhibit B of the staff report.
The Meridian Planning & Zoning Commission heard this item on June 21 2007 and July
19, 2007. At the public hearing the Commission moved to recommend approval of the
subject rezone (RZ-07-012) from R-8 to L-O.
The Meridian City o ~ncil h aryl thec item nn A11411Ct 71 2nn~ e+ thn m~hlir hParina the
itv Council approved the rezoninu ren»ect (R7 n7-0121 from R-8 0 -
11. EXHIBITS
A. Drawings
1. Vicinity /Zoning Map
2. Previously Approved CUP Site Plan (dated: November 15, 2005)
B. Agency Comments /Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Services Company
Valley Shepherd Nazarene Church - RZ-07-012
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21.2007
6. Ada County Highway District
C. Legal Description
D. Required Findings from Unified Development Code
Valley Shepherd Nazarene Church - RZ-07-012
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2I, 2007
A. Drawings
1. Vicinity Map /Zoning Map
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
2. Previously Approved Site Plan (dated: November 15, 2005)
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A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
B. Agency Comments /Conditions of Approval
1. PLANNING DEPARTMENT
1.1 REZONE COMMEN"TS
1.1.1 The rezone legal description submitted with the application (prepared on April 13, 2007, by
Kevin N. Sorensen, PLS) shows the property as contiguous to the existing corporate boundary of
the City of Meridian.
1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of
Meridian ordinances in effect at the time of permit submittal.
1.1.3 Prior to the rezone ordinance approval _to C-G, an addendum to the existing Development
Agreement (DA) for the site (Instrument No. 101015259) shall be accomplished between the City
of Meridian and the property owner(s) (at the time of rezone ordinance adoption). The Applicant
shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The addendum
shall incorporate the following:
• That the followin shall be the onl allowed uses on this propertv~ Church /religious
place of worship and ancillary church celebrative & recreational activities No retail or
service uses or conditionally allowed commercial uses are permitted on this property
• Future development of the property shall remain consistent with the site and landscaping
plans_a proved with CUP-OS-058
• That all uses shall not involve activities processes materials equipment and conditions
of operation that will be detrimental to any persons nranerrv nr the general welfare by
reason of excessive production of traffic. noise, smoke. fumes. Blare. or odors
• Anv proposed change in use of the nropertv shall require public hearings before the
Meridian Planning & Zoning Commission and Citv Council. Said headshall consist
of modifications to the Development Agreement and the existing Conditional Use Permit
in effect for the site.
• The Applicant shall comply with all Agency Comments outlined in the associated staff
report for RZ-07-012.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of services from
mains in Meridian Road. The Applicant shall install all mains necessary to provide service;
applicant shall coordinate main size and routing with the Public Works Department, and execute
standard forms of easements for any mains that are required to provide service. Minimum cover
over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than
alternate materials shall be used in conformance of City of Meridian Public Works Departments
Standard Specifications.
2.2 Water service to this site is being proposed via extension of mains in Strada Bellisima and Bear
Creek. The Applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
2.3 The Applicant shall be required to loop the water system to achieve any necessary fire flow
requirements.
2.4 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. Storm water
treatment and disposal shall be designed in accordance with Department of Environmental
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
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.
2.5 The Applicant shall provide a 20-foot easement for all public water/sewer mains outside of public
right of way (include all water services and hydrants). The easements shall be dedicated as a
separate document using the City of Meridian's standard forms. Submit an executed easement
(supplied by Public Works), a legal description, which must include the area of the easement
(marked EXHIBIT A) and an 81/2" x 11"map with bearings and distances (marked EXHIBIT B)
for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD.
2.6 All development improvements, including but not limited to sewer, fencing, micropaths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.7 Applicant shall be required to pay Public Works development plan review and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
2.8 It shall be the responsibility of the Applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.9 Applicant shall be responsible for application and compliance with and NPDES Permitting that
maybe required by the Environmental Protection Agency.
2.10 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.11 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
3. FIRE DEPARTMENT
3.1 Commercial and office occupancies will require afire-flow consistent with the International Fire
Code to service the proposed project. Fire hydrants shall be placed per Appendix D.
3.2 The Fire Department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.3 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped
throughout with an approved automatic sprinkler system installed in accordance with Section
903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183).
a) For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b) For buildings equipped throughout with an approved automatic sprinkler system installed
in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600
feet (183 m).
B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
3.4 Buildings over 30' in height are required to have access roads in accordance with Appendix D
Section D 105.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. SANITARY SERVICES COMPANY
5.1 SSC has no comments related to this application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 The District has previously approved this site with a CUP application (MCUP-OS-058). If the site
plan or use should change in the future, ACHD will review the site plan and may require
improvements to the transportation system at that time.
B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
C. Legal Description
EYHIBIT "A"
VALLEY SHEPHERD
RE-7.ONF: DESCRIPTION
A parcel of land for re-zone purposes situated in a portion of the NE 1 i4 of the SE 1!4 of
Section 24, Township 3 North, Range l West, Boise Meridian, City of Meridian, Ada
County, Idaho, and more particularly described as follows:
Begiltning at an aluminum cap monument marking the northeast corner of said NEI/4 of
the SE1!4, thence along the East line of said NEl i4 of the SE1.4 and the centerline of
South Meridian Road S00°39' 10"Vd a distance of l 339.86 feet to a 5l8 inch rebar
marking centerline intersection of said South Meridian Road and 'V'est Maestra Street
from which an aluminum cap monument marking the southeast corner of said Section 24
bears S00°39' 10"W a distance of ] 321.03 feet;
'Thence leaving said East line and centerline of South Meridian Road and along the
centerline of said West Maestra Street the following courses, N89°24'54"W a distance of
204.44 feet to a Sib inch rebar;
'T'hence along the arc of a curve to the left having a radius of 180.00 feet, an arc length of
23.47 feet, a central angle of 0 7°28'20", a chord bearing S86°50'56"W a distance of
23.46 feet to a Sib inch rebar;
Thence S83°06"46"W a distance of 100.54 feet to a 5 8 inch rebar;
Thence along the arc of a curve to the right having a radius of 180.00 feet, an arc length
of 19.90 feet, a central angle of 06°19'58", a chord bearing S87°25'07"W a distance of
19.89 to a 5/8 inch rebar;
Thence N89°24'54"W a distance of 115.82 feet to a 5!8 inch rebar marking the centerline
intersection of said West Maestra Street and South Alfani Way;
Thence leaving said centerline of West Maestra Street and along said centerline of South
Alfani Way N00°39' 10"E a distance of 25.00 feet to a S~$ inch rebar marking the
intersection of said centerline of South Alfani Way and the North boundary of Strada
Bellissima Subdivision No. 1 as recorded in Book 93 at Pages 1 1265 through 1 12b8
ofFcial records of Ada County, ldaho;
"I~hence leaving said centerline of South Alfani Way and along said North boundary line
N89°24'54"VV' a distance of 356.13 feet to a 5,-8 inch rebar;
Thence leaving said Norih boundary line N00°45'45"E a distance of 1O50.U9 feet to a 5!8
inch rebar on the South boundary line of Bear Creek Subdivision No. 6, as recorded on
the official plat thereof, in Rook 87 at Pages 9986 and 9987, Ada County, Idaho;
Thence along said South boundary line S89°27'46"E a distance of 281.52 feet to a 5; 8
inch rebar making an angle point in said South boundary line;
Thence continuing along said South boundary line N24°42'45"E a distance. of 104.60 feet
to a 5%'8 inch rebar marking an angle point in said South boundary line;
Thence leaving said South boundary line and along the westerly boundary line of Lot 9,
Block 22 of said Bear Creek Subdivision No. 6 N24°42'45"E a distance of 9.55 feet to a
1%2 inch rebar making an angle point in said westerly boundary line;
Thence continuing along said westerly boundary line N48°33' l2"E a distance of 243.86
feet to a 1 ~2 inch rebar;
C056I40 RE ZONE LEGAL FOR VALLEY SHEP KNS APRIL 12 07 doe Page 1 of 2
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
Thence leaving said westerly boundary line and along the North boundary line of said Lot
9, N85°2T 18"E a distance of 141.87 feet to a 1-2 inch rebar marking an angle point in
said North boundary line;
Thence continuing along said North boundary line S89°26'49"E a distance of 102.05 feet
to a 5'8 inch rebar marking the intersection of said North line and the ~'~'est right-of--way
line of said South Meridian Road;
Thence S89°26'49"E a distance of 65.OU feet to the POINT OF BEGINNING.
Said parcel contains 22.69 acres more or less and is subject to any easements and or
rights-of-~~~a_ys of record or implied.
kEV I 17PF~QVAL
~~ERIDIAN PUBLIC
WORKS QEPT.
C056140 RE "LONE LEGAL. FOR VALLEY SHEP IGUS APRIL 12 07 doe Page 2 ot2
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007
rc r~ ~~ v lv r, r _'t ri 11=i 1 1
FC)Y VALLEY SHEYI~EPD CHLiRC~~
_ _ __ --
A PORTION OF THE NEi/4 OF THE SE i/~ OF SECTION 24
TOWNSHIP 3 NORTH, RANGE i WEST, BOISE MERIDIAN
CITY OF MERIDIAN, ADA COUNT', IDAHO
2007
GENERAL LEGEND
- - - - E'CL!t.~t~Ft~ ~ Nc 589'26'49"E~
-' - - - L7~S"ING 50UPJJAR7 l-INE 102.05' 589'26'49°E
SECTION LINE 1 65.G0'
- - - ROAp CENTER LINE N85'27'78"E t c ,{ coR
---- ROAp kIGNT-OF-WAS ab ta1.87 cPar w.
9169706
- - - - EXrSTNG SOT _INE ~1~~
~ FOUND 5/8 INCH RE(i,=~ ~tii ~ ~ 1
FOUND 7/Z" kEBAR X33 77soo'I
as
~ FOUND ALUMINUM CAF `„
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s~aiC ~ ~ i_o
F~HIB DRAw~t
I o~ZA
ama
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o NEVI PRA Al I I ^' m Q
o I gY__ I 3
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r i I p N
of I Ha
o MERID4AN PUBLIC i I m Uj
o I ,/~;1~KS OEnT
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1 4. W. MAESTRA
I ST. ~ 7u DO• I
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N89'24'S4"W j T_ _ _
356.13'-~ ~ 2 ~ N89'21'S4"W~
~ ~ ~-583'06'46"W 204.44
N00'39'70"E ~ I N89'24'S4"W 700.54
sTruu 79eurssnU 25.00 ~ `~ t i 5.82
SUBDMStON N0. 7
~ ~ 4, S. ALFAN[
WAY
_-9.55
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BEAA CFEEk O^'o. tp I
SUBDMSiON N0.6 'P ^ Op' 7
89.27 46"E 281.52'
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BY:
CURVE' LENGTH ~ RnDiuS ~ OEITA ' T,npJJGENi J CHORD CHORD
ASE: F__ VALLEY SHEP_ARD CHURCH
7"=360 I sa S a o er E c x a•--„ a~ T
CPBF H0
91{9709
PI_V'~~ CLE
Engineers, Inc.
~m~ . ~..., . w ....
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21.2007
D. Required Findings from the Unified Development Code
1. Rezone Findings
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:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to rezone the subject property to C-G. The City Council finds that
a zoning map amendment from R-8 to C-G for the subject property complies with the
applicable provisions of the Comprehensive Plan "Public /Quasi-Public" designation. Please
see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more
inforniation.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed church /religious place of worship and ancillary
church uses are permitted within the requested C-G zone.
The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that a zoning amendment to C-G will not be detrimental to the public
health, safety, or welfare, if retail, service, and other commercial uses are prohibited on this
site at this time. Staff recommends that the Commission and Council rely on any oral or
written testimony that may be provided when determining this finding.
c. 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 that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
D