HomeMy WebLinkAboutMeridian Assembly of God CUP-01-018BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 07-03-01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR THE
CONTINUED USE OF 2
MODULAR BUILDINGS IN AN
L-O ZONE, LOCATED
APPROXIMATELY 400 FEET
NORTH OF THE
INTERSECTION OF CHERRY
LANE AND LINDER ROAD ON
THE EASTERN SIDE OF
LINDER ROAD, MERIDIAN,
IDAHO
MERIDIAN ASSEMBLY OF GOD,
APPLICANT
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Case No. CUP-OI-O18
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT
The above entitled conditional use permit application having come
before the City Council on July 3, 2001, and tabled to July 17, 2001, August 8, 2001
until August 21, 2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Shad Stiles, Planning and Zoning Administrator,
appeared and testified, and appearing on behalf of the Applicant was Nate Wilson,
and no one appeared in opposition, and the City Council having duly considered the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 1
evidence and the record in this matter and the Recommendations to City Council
issued by the Planning and Zoning Commission who conducted a public hearing and
the Council having heard and taken oral and written testimony, and having duly
considered the matter, the City Council hereby makes the following Findings of Fact,
Conclusions of Law and Decision and Order to-wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published
for two (2) consecutive weeks prior to the said public hearing scheduled for July 3,
2001, and tabled to July 17, 2001, August 8, 2001 until August 21, 2001, before the
City Council, the first publication appearing and written notice having been mailed
to property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the property under consideration more than fifteen (15) days
prior to said hearing and with the notice of public hearing having been posted upon
the property under consideration more than one week before said hearing and the
copies of all notices were made available to newspaper, radio and television stations
as public service announcements; and the matter having been duly considered by the
City Council at the July 3, 2001, and tabled to July 17, 2001, August 8, 2001 until
August 21,2001, public hearing; and the applicant, affected property owners, and
government subdivisions providing services within the planning jurisdiction of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 2
City of Meridian, 14aving been given full opportunity to express comments and
submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-
5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof
of Posting filed with the staff report.
3. This proposed development request is in an L-O zone and by reason of
the provisions of the Meridian City Code § 11-17-4, a public hearing was required
before the City Council on this application.
4. The property is located approximately 400 feet north of the intersection
of Cherry Lane and Linder Road on the eastern side of Linder Road, Meridian, Idaho.
5. The owner of record of the subject property is Meridian Assembly of
God, Meridian, Idaho.
6. Applicant is Meridian Assembly of God of Meridian, Idaho.
7. The subject property is currently zoned L-O. The zoning district of L-O
is defined within the City of Meridian Zoning and Development Ordinance, Section
11-7-2.
8. The proposed application requests a conditional use permit for
continued use of 2 modular buildings which 4 years ago were permitted for 3 years.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 3
The L-O zoning designation within the City of Meridian Zoning and Development
Ordinance requires a conditional use permit be obtained for most uses including
those requested by the Applicant. (Meridian City Zoning and Development
Ordinance, Section 11-8-1).
9. The Meridian City Com~cil recognizes that the proposed application is
in compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
I 1. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian
City Code and all current zoning maps thereof and the Comprehensive Plan of the
City of Meridian, and Maps and the Ordinance establishing the Impact Area
Boundary.
12. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed and the following is also found to be required to mitigate the effects of the
proposed use and development upon services delivered by political subdivisions
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 4
providing services to the subject real property within the planning jurisdiction of the
City of Meridian subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
1. All existing landscaping shall be retained.
2. The CUP shall be granted for five years until August 1, 2006.
Adopt the Recommendations of the Ada County Highway District as follows:
3. The ACriD shall not hear this item unless the site plan is changed in a
manner to require Commission review.
4. ACHD policy requires that before any improvements of any Mhd are
constructed or installed within the public right-of-way, a permit or
license agreement permitting the improvements shall be obtained.
5. All future design plans and construction shall be in accordance with the
ACHD Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances
unless specifically waived in writing by the District.
Adopt the Recommendations of the Sanitary Sewer Service as follows:
6. No waste enclosure plans have been identified.
13. The proposed uses within the subject application will be harmonious
with and in accordm~ce with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
13.1 The subject property is designated on the "Generalized Land Use Map"
as Limited Office Area".
14. The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and ~naintained to
be harmonious and appropriate in appearance or intended character of the general
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 5
vicinity and that such uses will not change the intended essential character of the
same area.
15.
The uses proposed within the subject application will not be hazardous
or disturbing to existing or future neighboring uses.
16. The uses proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water, and sewer.
17. The uses proposed within the subject application will not involve uses,
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.
18. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
I. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council may exercise all the powers required and
authorized under the "Act" except the power to adopt ordinances by the
establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 6
Code Section 67-6504 which the City Coundl of the City of Meridian has
established by the passage of the "City of Meridian Zoning and Development
Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing
and notice provision required, provide for the process of special and/or conditional
use permits which a proposed use is otherwise prohibited by the temps of the
ordinance but allowed with conditions under the specific provisions of the ordinance
which the City of Meridian has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts
and circumstances of each application for special use permit to determine prior to
granting the same that the evidential showing supports the finding that the following
standards are met and that the proposed development: (Meridian City Code § 11-I 7-
3)
a. Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
c. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of
the general vicinity and that such use will not change the essential character of the
SaIne area;
uses;
Will not be hazardous or disturbing to existing or future neighboring
e. Will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse disposal,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 7
water, sewer or that the person responsible for the establishment of proposed
conditional use shall be able to provide adequately any such services;
f. Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic welfare of
the community;
g. Will not involve uses, 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;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in the Limited Office District
(L-O), a public hearing shall be conducted with notice to be published and provided
to property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the land under consideration for the conditional use permit all
in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian
Zoning and Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the
Commission and Council shall follow notice and hearing procedures provided
in Chapter 15 of this Title. Provided, however, that conditional use
applications for land in Old Town and in industrial and commercial districts
shall only be required to have one public hearing which shall be held before
the Planning and Zoning Commission; and after the recommendation of the
Commission is made, the application shall go before the City Council without
a public hearing and the Council may approve, deny, or modify the
recommendation of the Co~rumission."
6. Following the public hearing and within 45 days after the conclusion of
the public hearing the Commission shall, transmit its recmranendations to the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 8
Meridian City Council with supportive reasons. The Commission shall recommend
that the application be approved, approved with conditions or denied. The
Commission shall ensure that any approval or approval with conditions of an
application shall be in accordance with Meridian Comprehensive Plan, City of
Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City
Code § 11-17-6)
7. When the City Council approves a conditional use pem~it it may
impose conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. P, equire more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area
and the Comprehensive Plan of the City of Meridian, which was adopted December
21, 1993, Ord. 629, January 4, 1994 and Maps.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 9
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
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 that:
1. That the above named applicant is granted a conditional use permit for
continued use of 2 modular buildings which 4 years ago were permitted for 3 years in
an L-O zone located approximately 400 feet nord~ of the intersection of Cherxy Lane
and Linder Road on the eastern side of Linder Road, Meridian, Idaho, subject to the
following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
i. All existing landscaping shall be retained.
2. The CUP shall be granted for five years until August 1, 2006.
Adopt the Reconunendations of the Ada County Highway District as follows:
3. The ACHD shall not hear this item unless the site plan is changed in a
manner to require Commission review.
4. ACHD policy requires that before any improvements of any kind are
constructed or installed within the public right-of-way, a permit or
license agreement permitting the improvements shall be obtained.
5. All future design plans and construction shall be in accordance with the
ACHD Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances
unless specifically waived in writing by the District.
Adopt the Recommendations of the Sanitary Sewer Service as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 10
6. No waste enclosure plans have been identified.
2. The conditions shall be reviewable by the Council pursuant to Meridian
City Code § 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
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 and Zoning
Department, the Public Worlcs Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person
who has an interest in real property which may be adversely affected by the issuance
or denial of the conditional use permit approval may within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the '~
day of ~9~r~, 2001.
ROLL CALL:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - i 1
COUNCILMAN RON ANDERSON VOTED
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
VOTED
VOTED ~'~"
VOTED
MAYOR ROBERT D. CORRIE (TIE BREAICd~R>
DATED:
VOTED
MOTION:
APPR DO~_~~ ~_.
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
City Clerk
Dated:
Z:\Wo r kWl'kMeridian~Vleridi~n 15360IvlWieridian Assembly CUP01-018~FfCIsCUP01-018.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 12
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 07/03/01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR THE
CONTINUED USE OF 2
MODULAR BUILDINGS IN AN
L-O ZONE, LOCATED
APPROXIMATELY 400 FEET
NORTH OF THE
INTERSECTION OF CHERRY
LANE AND LINDER ROAD ON
THE EASTERN SIDE OF
LINDER ROAD, MERIDIAN,
IDAHO
MERIDIAN ASSEMBLY OF
GOD,
APPLICANT
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Case No. CUP-01-O18
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on the 3rd day of July,
2001, and tabled to July 17, 2001, August 8, 2001 until August 21, 2001, under the
provisions of Meridian City Code § 11-17-4 for final action on conditional use permit
application and the Council having received and approving the Recommendation of
the Planning and Zoning Commission the Council takes the following action:
2. That the above named applicant is granted a conditional use permit for
ORDER CONDITIONAL USE PERMIT
CUP-0 i-018
-I
continued use of 2 modular buildings which 4 years ago were permitted for 3 years in
an L-O zone located approximately 400 feet north of the intersection of Cherry Lane
and Linder Road on the eastern side of Linder Road, Meridian, Idal~o, subject to the
following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff
as follows:
All existing landscaping shall be retained.
The CUP shall be granted for five years until August 1, 2006.
Adopt the Recommendations of the Ada County Highway District as follows:
The ACHD shall not hear this item unless the site plan is changed in a
manner to require Commission review.
ACHD policy requires that before any improvements of any kind are
constructed or installed within the public right-of-way, a permit or
license agreement permitting the improvements shall be obtained.
All future design plans and construction shall be in accordance with the
ACHD Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances
unless specifically waived in writing by the District.
Adopt the Recommendations of the Sanitary Sewer Service as follows:
6. No waste enclosure plans have been identified.
3. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of Meridian City Code § 11-17-8, a copy of
ORDER CONDITIONAL USE PERMIT - 2
CUP-01-018
which is attached to this permit.
By action of the City Council at its regular meeting held on the
day of
~ . ' , ayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney.
City Clerk
Dated:
\XNPA_NTS40_PDCXqERVER_Z~Work~iXMeridianXNIeridian I5360NgMeridian Assembly
ORDER CONDITIONAL USE PERMIT
CUP-01-018
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