HomeMy WebLinkAboutCentral Valley Bapt AZ 03-001BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION FOR ANNEXATION )
AND ZONING OF 10.006 ACRES )
FOR CENTRAL VALLEY BAPTIST )
CHURCH, LOCATED ON THE )
NORTH-EAST CORNER OF N. TEN )
MILE ROAD AND THE RAILROAD )
TRACKS, SOUTH OF W. PINE )
AVENUE, MERIDIAN, IDAHO )
CENTRAL VALLEY BAPTIST )
CHURCH, )
APPLICANT
C/C 4/01/03
C/C 4/15/03
Case No. AZ-03-001
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION FOR
ANNEXATION AND ZONING
The above entitled annexation and zoning application having come on for public hearing
on April 1, 2003, and continued until April 15, 2003, at the hour of 7:00 p.m., and Brad
Hawkins-Clazk Interim Planning Director for the Planning and Zoning Department, Brad Watson
City Engineer, and Doug.Houston, appeared and testified, and the City Council having duly
considered the evidence and the record in this matter therefore makes the following Findings of
Fact and Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1.
2. The City Council takes judicial notice of its zoning, subdivision and development
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING CENTRAL VALLEY
BAPTIST CHURCH (AZ-03-001)
PAGE 1 OF 14
ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof,
and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002,
Resolution No. 02-382, and maps and the ordinance Establishing the Impact Area Boundary.
3. The property which is the subject of the application for annexation and
zoning is described in the application, is approximately 10.006 acres in size and is located on the
north-east corner of N. Ten Mile Road and the railroad tracks, south of W. Pine Avenue,
Meridian, all within the Area of Impact of the City of Meridian and the Meridian Urban Service
Planning Area as defined in the Meridian Comprehensive Plan.
4. ,The owner of record of the subject property is Central Valley Baptist Church,
2150 W. Cherry Lane, Meridian, Idaho, and the applicant is the owner of record of the subject
property.
The property is presently zoned RUT (Ada County), and consists of vacant land.
6. The Applicant requests the property be zoned as L-O -Limited Office.
7. The subject property is bordered on all sides by rural residential/agricultural
properties.
8. The Applicant proposed to develop the subject property as a church facility.
9. The Applicant requests zoning of the subject real property as L-O which is
consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subj ect property as Mixed Use -Community.
10. There are no significant or scenic features of major importance that affect the
consideration of this application.
FINDINGS OF FACT AND CONCLUSIONS
OF LA W AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING CENTRAL VALLEY
BAPTIST CHURCH (AZ-03-001)
PAGE 2 OF 14
11. Giving due consideration to the comments received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and
services required by the proposed development will not impose expense upon the public if the
following conditions of development are imposed:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
ANNEXATION AND ZONING CONDITIONS
1. Remove any existing domestic wells and/or septic systems within this project from
their domestic service, per City Ordinance Section 5-7-517, when services are available from
the City of Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation.
2. All development on the subject property shall be constructed in accordance with
City of Meridian ordinances in effect at the time of development.
3. If the 48-foot right-of--way on N. Ten Mile Road is not dedicated to the Ada County
Highway District, all future right-of--way (the portion to be dedicated) shall be designated on
the Certificate of Zoning Compliance Site Plan.
4. Applicant shall either construct a temporary lift station or participate with the
developers of adjacent lands to provide service to the area. The lift station shall be
constructed at W. Pine Ave. and N. Ten Mile Road. Applicant shall be required to extend
water and sanitary sewer mains to and through the proposed development, thereby
making them available to the adjacent properties.
B. Adopt the Recommendations of the ACHD as follows:
Site Snecific Conditions of Apnroval
1. If the rezone is approved and the District receives a development proposal, the
District intends to provide site-specific requirements that apply upon District review of
future development. The Findings for Consideration cover a portion of the District
policies that will pertain to any development proposal for this site.
FINDINGS OF FACT AND CONCLUSIONS
OF LA W AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING CENTRAL VALLEY
BAPTIST CHURCH (AZ-03-001)
PAGE 3 OF 14
2. Comply with all Standard Conditions of Approval.
Standard Conditions ofAnoroval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way
2. All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact Construction Services at 387-6280 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standazds and approved supplements, Construction
Services procedures and all applicable ACHD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepare and certify all
improvement plans.
6. The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
7. Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shall be required to call DIGLINE (I-800-342-1585) at least
two full business days prior to breaking ground within ACHD right-of--way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
FINDINGS OF FACT AND CONCLUSIONS
OF LA W AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING CENTRAL VALLEY
BAPTIST CHURCH (AZ-03-001)
PAGE 4 OF 14
10. No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall be
upon the applicant to obtain written co~rmation of any change from the Ada County
Highway District.
11. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at the
time the applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless awaiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the
change in use is sought.
C• Adopt the Recommendations of the Meridian Fire Department as follows:
1. That afire-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 of400' apart. 1997 UFC
Appendix III-A
2. Operafional fire hydrants are required before combustible construction begins.
UFC 901.4.2 & 901.3
3. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department
submitted thru the Public Works Department.
All radii for internal & external roads shall be 28' inside and 48' outside radius.
6. A 20' wide fire lane shall be provided around the proposed building.
7. The project will subject to a building plan review and will have to meet the
requirements of the Fire Code in effect at the time of the plan submittal.
12. It is found that the Comprehensive Plan shows the subject property as "Mixed Use -
Community" which complies with the requested zoning of L-O (Limited Office), allowing a church
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING CENTRAL VALLEY
BAPTIST CHURCH (AZ-03-001)
PAGE 5 OF 14
in that location. The Mixed Use Community policy on page 8 of the Meridian Comprehensive Plan
includes churches as sample uses in this district. It is found that the requested zone of L-O will be
harmonious with and in accordance with the Comprehensive Plan.
13. It is not anticipated that the applicant intends to rezone the subject property in the
future.
14. It is found that the proposed church will be allowed within the requested L-O zone.
15. It is found that the City Council approved the annexation for Moshers Farm
Subdivision on January 21, 2003 to an R-8 zone with 32 residential lots. Moshers Farm is located
approximately a '/a mile north of the subject property on Ten Mile Road. In addition, the City
annexed and zoned approximately 2.8 acres for office use, and approximately 11 acres for apartment
use on the north-east corner of Ten Mile Road and W. Pine Avenue to L-O zone.
16. It is found that the proposed use (church) will be designed appropriately to match with
the intended chazacter of the general vicinity. Any change in the existing character of the area is in
harmony with the intended future land use envisioned by the Comprehensive Plan.
17. It is not anticipated that the proposed church use will be hazardous or disturbing to
future or existing neighbors, as long as the recommended conditions of approval are complied with.
18. It is found that the property to be annexed may be served adequately by all essential
public facilities and services. Applicant shall either construct a temporary lift station or participate
with the developers of adjacent lands to provide service to the area. The lift station will be
constructed at W. Pine Avenue and N. Ten Mile Road. Applicant shall be required to extend water
and sanitary sewer mains to and through the proposed development, thereby making them available
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING CENTRAL VALLEY
BAPTIST CHURCH (AZ-03-001)
PAGE 6 OF 14
to the adjacent properties. Review of ACRD, Sanitary Service, Police and Fire Department's
comments concerning the annexation will provide further information regarding public services.
19. It is found that there will not be excessive 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 annexation and church use will not create excessive
traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding
area. It is recognized that traffic will increase with the approval of a church use; however it is not
felt that the amount of traffic generated will be detrimental to the public welfaze of the city.
21. It is found that the church's vehicular approaches off ofN. Ten Mile Road will create
new traffic on surrounding roads. However, it is not believed that the church's entrances will cause
significant interference on the surrounding public streets. Review ACRD comments concerning
vehicular approaches and traffic generation.
22. It is found that no natural or scenic features of major importance will be lost or
damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that aze
removed shall be mitigated for, per the Landscape Ordinance. The Ten Mile Sub Drain courses
along the eastern boundary of the subject property. The proposed development includes a drainage
pond adjacent to the Ten Mile Sub Drain.
23. It is found that the annexation of this property would be in the best interest of the
City.
24. 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. 11, and all sub-parts, the
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING CENTRAL VALLEY
BAPTIST CHURCH (AZ-03-001)
PAGE 7 OF 14
economic welfaze of the City and its residents and tax and rate payers will be protected, a
condition of annexation and zoning designation.
25. It is also found that the development considerations as referenced in Finding No.
11 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,
or future neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
CONCLUSIONS OF LAW
The City of Meridian has authority to annex real property upon written request for
annexation and the real property being contiguous or adjacent to city boundaries and that said
property lies within the azea of city impact as provided by Idaho Code Section 50-222. The
Meridian City Code § 11-16 provides the City may annex real property that is within the
Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and policies, and
of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as provided by
"Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the
adoption of the Amended Comprehensive Plan City of Meridian adopted August 6, 2002,
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING CENTRAL VALLEY
BAPTIST CHURCH (AZ-03-001)
PAGE 8 OF 14
Resolution No. 02-382.
4. The following are found to be pertinent provisions of the City of Meridian
Comprehensive Plan and are applicable to this Application:
Goals 1 through 10, inclusive.
5. The zoning of Limited Office (L-O) is defined in the Zoning Ordinance at § 11-7-2 G
as follows:
(L-Ol Limited Office District: The purpose of the L-O District is to permit the
establishment of groupings ofprofessional, research, executive, administrative, accounting,
clerical, stenographic, public service and similar uses. Research uses shall not involve heavy
testing operations of any kind or product manufacturing of such a nature to create noise,
vibration or emissions of a nature offensive to the overall purpose 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, and is thus a transitional use. Connection to the Municipal
water and sewer system of the City is a requirement in this District.
6. Since the annexation and zoning of land is a legislative function, the City has
authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
The development of the annexed land, if annexed, shall meet and comply with the
Ordinances of the City of Meridian including, but not limited to: Section 12-2-4 which pertains to
development time schedules and requirements; Section 12-4-13, 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 11-16-4 A of the Zoning and Development Ordinance the owner
and/or developer shall-enter into a Development Agreement, if such is required by the City.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING CENTRAL VALLEY
BAPTIST CHURCH (AZ-03-001)
PAGE 9 OF 14
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:
The applicant's request for annexation and zoning of approximately 10.006 acres to
Limited Office (L-O) is granted subject to the terms and conditions ofthis Order hereinafter stated.
2. The application is for annexation and zoning of 10.006 acres. The legal description
shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform
to all the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686.
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:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
ANNEXATION AND ZONING CONDITIONS
1. Remove any existing domestic wells and/or septic systems within this project from
their domestic service, per City Ordinance Section 5-7-517, when services are available from
the City of Meridian. Wells may be used for non-domestic purposes such as landscape
irrigation.
2. All development on the subject property shall be constructed in accordance with
City of Meridian ordinances in effect at the time of development.
3. If the 48-foot right-of--way on N. Ten Mile Road is not dedicated to the Ada County
Highway District, all future right-of--way (the portion to be dedicated) shall be designated on
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING CENTRAL VALLEY
BAPTIST CHURCH (AZ-03-001)
PAGE 10 OF 14
the Certificate of Zoning Compliance Site Plan.
4. Applicant shall either construct a temporary lift station or participate with the
developers of adjacent lands to provide service to the azea. The lift station shall be
constructed at W. Pine Ave. and N. Ten Mile Road. Applicant shall be required to extend
water and sanitary sewer mains to and through the proposed development, thereby
making them available to the adjacent properties.
B. Adopt the Recommendations of the ACRD as follows:
Site Specific Conditions of Approval
1. If the rezone is approved and the District receives a development proposal, the
District intends to provide site-specific requirements that apply upon District review
of future development. The Findings for Consideration cover a portion of the District
policies that will pertain to any development proposal for this site.
2. Comply with all Standard Conditions of Approval.
Standazd Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of--way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five yeazs old aze not allowed unless approved
in writing by the District. Contact Construction Services at 387-6280 (with file
numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements, Construction
Services procedures and all applicable ACHD Ordmances unless specifically waived
herein. An engineer registered in the State of Idaho shall prepaze and certify all
improvement plans.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING CENTRAL VALLEY
BAPTIST CHURCH (AZ-03-001)
PAGE 11 OF 14
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required design
changes.
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #197, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-
of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of--way. The
applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they aze
in writing and signed by the applicant or the applicant's authorized representative and
an authorized representative of the Ada County Highway District. The burden shall
be upon the applicant to obtain written confirmation of any change from the Ada
County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless awaiver/vaziance of said
requirements or other legal relief is granted pursuant to the law in effect at the time
the change in use is sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That afire-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. 1997
UFC Appendix III-A
2. Operational fire hydrants aze required before combustible construction begins.
UFC 901.4.2 & 901.3
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING CENTRAL VALLEY
BAPTIST CHURCH (AZ-03-001)
PAGE 12 OF 14
3. Acceptance of the water supply for fire protection will be by the Meridian
Water Department.
4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department
submitted thru the Public Works Department.
5. All radii for internal & external roads shall be 28' inside and 48' outside radius.
6. A 20' wide fire lane shall be provided around the proposed building.
7. The project will subject to a building plan review and will have to meet the
requirements of the Fire Code in effect at the time of the plan submittal.
4. The City Attorney shall prepare for consideration by the City Council the appropriate
ordinance for the annexation and zoning designation of the real property which is the subject of the
application to (L-O) Limited Office District, and Meridian City Code § 11-7-2.
Subsequent to the passage ofthe Ordinance provided for in section 4 of this Order the
engineering staff of the Public Works Department shall prepare the appropriate mapping changes of
the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance
with the provisions of the annexation and zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian.
Pursuant to Idaho Code § 67-6521 an 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 and who
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.
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING CENTRAL VALLEY
BAPTIST CHURCH (AZ-03-001)
PAGE 13 OF 14
r~
By action of the City Council at its regular meeting held on the ~ day of
d/2~~ , 2003.
ROLL CALL
COUNCILMAN KEITH BIRD VOTED~~-
COUNCILWOMAN TAMMY deWEERD VOTED_~
COUNCILWOMAN CHERIE Mc LANDLESS VOTED
COUNCILMAN WILLIAM L.M. NARY VOTED~~
MAYOR ROBERT D. LOBATE (TIE BREAKER) VOTED ''
DATED: ~- 6 _ ~3-
MOTION:
APPROVED: DISAPPROVED:
°`~
Attest: ~`F.•`~,~y \~ir rr-' ~t1~,Qy.,~~, a r Robert D. Corrie
~Tto
S~A4L =
~ ~,~
illiam G. Berg, Jr., City Jerk ~+~~ p~~r tst ~ 1 P~ ~~~
~iid~ ~s,•J `p~~liwiurrrrr,ri
Copy served upon Applicant, the Plannin~ , pping`Ijepartment, P~cb;~~ ~o~p~~nent and
the City Attorney. ~,•.<` ~~^~'. 'c
V ~ `O
City Clerk
Z:\W'orklMVvleridianlMeridian 1536nM1CenVa1 Valley Baptist
S'T-o.
\\:
FINDINGS OF FACT AND CONCLUSIONS
OF LAW AND DECISION AND ORDER
GRANTING APPLICATION FOR ANNEXATION
AND ZONING CENTRAL VALLEY
BAPTIST CHURCH (AZ-07-001)
PAGE 14 OF 14
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