HomeMy WebLinkAboutChrist Lutheran ChurchRZ03-005BEFORE THE CITY COUNCIL OF THE CITY OF MERH)IAN
C/C 06-03-03
IN THE MATTER OF THE
REQUEST FOR REZONE OF 4.738
ACRES FOR CHRIST LUTHERAN
CHURCH FROM R-4 TO L-O,
LOCATED AT 1406 W. CHERRY
LANE ,MERIDIAN, IDAHO
CHRIST LUTHERAN CHURCH,
Applicant.
Case No: RZ-03-005
FINDINGS OF FACT AND
CONCLUSIONS OF LAW,
DECISION AND ORDER
GRANTING APPLICATION FOR
REZONE
The above entitled matter on the rezoning application of 4.738 acres having come
on for public hearing on June 3, 2003, at the hour of 7:00 o'clock p.m., and Council having
received the report of Wendy Kirkpatrick Planner II for the Planning and Zoning Department,
and Dirk Sparkman, appeared and testified, and no one appeared in opposition, and the Council
having received the record of this matter made before the Planning and Zoning Commission, and
having received their Recommendation to the City Council, 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, Decision and Order:
FINDINGS OF FACT
The notice of public hearing on the application for rezoning was published
for two (2) consecutive weeks prior to said public hearing scheduled for June 3, 2003, before the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.738 ACRES FROM R-4 TO I,-O
BY: CHRIST LUTHERAN CHURCH / (RZ•03-005)
PAGE 1 OF 19
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 heazing; and that 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 June 3, 2003, public hearing; and the applicant, affected property
owners, and government subdivisions providing services within the planning jurisdiction of the
City of Meridian, having 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 and 67-6511, and Meridian City Code §§11-15-5 and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Meridian City Code Title 11 and Title 12, and all current
zoning maps thereof, and the Amended Comprehensive Plan of the City of Meridian adopted
August 6, 2002, Resolufion No. 02-382, and maps and the ordinance Establishing the Impact
Area Boundary.
4. The property is approximately 4.738 acres in size and is located at 1406
W. Cherry Lane, Meridian, Idaho, and said legal description is on file with the Clerk's office at
Meridian City Hall, 33 East Idaho, Meridian, Idaho.
5. The owner of record of the subject property is Christ Lutheran Church,
1406 W. Cherry Lane, Meridian, Idaho.
6. The Applicant is owner of record.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECLSION AND ORDER OF APPROVAL OF
REZONING OF 4.738 ACRES FROM R-4 TO L-O
BY: CHRIST LUTHERAN CHURCH / (RZ-03-005)
PAGE 2 OF 19
7. The property is presently zoned as R-4, and contains an existing church
building.
8. The Applicant requests the property be rezoned to Limited
Office. (L-O).
9. The proposed site is bordered to the north by Meridian Assembly of God
Church (zoned L-O), to the south by Cherry Lane and across Cherry Lane by vacant land (zoned
C-N and R-8), to the east by The Corner at the Vineyazds (zoned C-N), and to the west by
Dunten Place Subdivision (zoned R-8).
10. The subject property is within city limits of the City of Meridian.
11. The entire pazcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the following
manner: As its current use as a church and also a preschool.
13. The Applicant's requested rezoning of the subject real property as L-O
which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which
designates the subject property as Public/Quasi-Public.
14. There aze no significant or scenic features of major importance that affect
the consideration of this application.
15. In review of the application for rezone it is provided at Meridian
City Code § 11-15-1 lfor the General Standards that the Commission and Council review this
proposed zoning amendment and pursuant to the criteria of said section finds that:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.738 ACRES FROM R-4 TO L-O
BY: CHRIST LUTHERAN CHURCH / (RZ-03-005)
PAGE 3 OF 19
15.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan;
15.2 The area included in the zoning amendment is not intended to be rezoned
in the future;
15.3 The proposed use 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 chazacter of the same azea, subject to the conditions of the
conditional use process;
15.4 The proposed use will not be hazardous or disturbing to existing or future
neighboring uses, subject to the conditions of the conditional use process;
15.5 The azea will be served adequately by essential public facilities and
services such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
15.6 The use 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;
15.7 The use 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;
15.8 The area will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
15.9 The use will not result in the destruction, loss or damage of a natural or
scenic feature of major importance; and
15.10 The proposed zoning will be in the best interest of the City of Meridian.
15.2 Staff conditions provide as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.738 ACRES FROM R-4 TO L-O
BY: CHRIST LUTHERAN CHURCH / (RZ-03-005)
PAGE 4 OF 19
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
SITE SPECIFIC COMMENTS
1. The legal description submitted with the application is accurate and meets the
requirements of the City of Meridian and State Tax Commission.
2. Staff has determined that the rezone request would meet each of the twelve (12)
Findings required by Ordinance 11-15-11.
3. If rezoned to L-O, the subject lot would conform to the minimum lot size and
minimum frontage of the zone.
4. The existing site does not conform to all of the current standazds of the Landscape
Ordinance, specifically the required buffer between land uses parking lot landscaping
requirements. Staff recommends that the site not be required to come into full compliance
until such time as the parking lot is significantly modified per Ordinance 12-13-11-4.
5. Any assessments or re-assessments for sewer and water service for any new uses will
be determined during the Certificate of Occupancy process.
CONDITIONS OF APPROVAL (REZONE)
Staff recommends the following be made conditions of the Rezone:
1. The existing parking lot landscaping will be subject to ordinance 12-13-11-4 and
upgraded to meet current standards upon any significant parking lot replacement per said
ordinance.
2. The existing sign shall be granted legal, non-conforming status and become subject to
the provisions of ordinance 11-14-8.B.
3. Remove any existing domestic wells and/or septic systems within this project from
their domestic service per City Ordinance. Wells may be used for non-domestic purposes
such as landscape irrigation.
4. All signage in the proposed prof ect shall be in accordance with the standards set forth
in Section 11-14 of the City of Meridian Zoning and Development Ordinance.
5. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13
for use of property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.738 ACRES FROM R-4 TO L-O
BY: CHRIST LUTHERAN CHURCH t (RZ-03-005)
PAGE 5 OF 19
6. All construction shall conform to the requirements of the Americans with Disabilities
Act.
B. Adopt the Recommendations of the ACHD as follows:
Site Snecific Conditions of Approval
A. The following conditions are intended to cover the District policies that will
pertain to any development proposal for this site. Upon the receipt of a development
application in the future for this site the District intends to include the following
conditions and may add additional conditions that may also apply to this site.
1. Dedicate 48-feet of right-of--way from the centerline of Linder Road
abutting the parcel by means of a warranty deed and construct a sidewalk on
Linder Road located a minimum of 41-feet from the centerline of Linder Road.
The right-of--way purchase and sale agreement and deed must be completed and
signed by the applicant prior to scheduling the final plat for signature by the
ACHD Commission or prior to issuance of a building permit (or other required
permits), whichever occurs first. Allow up to 30 business days to process the
right-of--way dedication after receipt of all requested material. The owner will be
paid the fair market value of the right-of--way dedicated which is an addition to
existing ACHD right-of--way if the owner submits a letter of application to the
impact fee administrator prior to breaking ground, in accordance with the ACHD
Ordinance in effect at that time (currently Ordinance #197), if funds are available.
If ACHD funds cannot be secured, the applicant shall do one of the following:
a. Dedicate an additiona123-feet (or 13-feet if the sidewalk is
constructed in an easement) ofright-of--way for Linder Road abutting the
site by donation (or through a development impact fee offset agreement)
and construct a 5-foot wide (minimum} sidewalk on Linder Road located a
minimum of 41-feet from the centerline of the roadway. Provide an
easement to the District for any portion of the sidewalk that is constructed
outside of the new right-of--way.
b. Do not dedicate any additional right-of--way on Linder Road and
construct a 5-foot wide (minimum) concrete sidewalk on Linder Road
located a minimum of 41-feet from the centerline of the roadway with an
easement provided to the District.
c. Do not dedicate any additional right-of--way on Linder Road and
construct a 5-foot wide (minimum) concrete sidewalk on Linder Road
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.738 ACRES FROM R-4 TO L-O
BY: CHRIST LUTHERAN CHURCH / (RZ-03-005)
PAGE 6 OF 19
located at the back edge of the existing right-of--way, as determined by
District staff. Accomplish all required improvements to properly
accommodate existing drainage and utilities.
2. Pave any driveways on Cherry Lane or Linder Road a minimum of 30-feet
into the site beyond the edge of pavement. All driveway(s) shall be constructed as
curb return type driveways with 15-foot curb radii. Direct lot or pazcel access to
Linder Road and Cherry Lane is restricted. As required by District policy,
restrictions on the width, number and locations of driveways, shall be placed on
future development of this parcel.
3. Comply with all Standard Conditions of Approval
Standard 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 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 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 Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall prepaze 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.738 ACRES FROM R-4 TO L-O
BY: CHRIST LUTHERAN CHURCH / (RZ-03-005)
PAGE 7 OF 19
8. Payment of applicable road impact fees aze 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. Existing utilities damaged by the applicant shall be repaired by the
applicant at no cost to ACRD. 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 387-6.190 in the event any
ACHD conduits (spare or filled) aze compromised during any phase of construction.
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 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. Final approval of the fire hydrant locations shall be by the Meridian Fire Department.
All radii shall be 28' inside and 48' outside radius for all internal roads and entrances.
4. The fire lanes shall haue a cleaz driving surface, available at all times, which is 20' wide.
UFC 902.2
16. The Comprehensive Plan designates the property as "Public/Quasi-Public".
Churches are aquasi-public use. The requested L-O zoning is harmonious with the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.738 ACRES FROM R-4 TO L-O
BY: CHRIST LUTHERAN CHURCH / (RZ03-OOS~
PAGE 8 OF 19
"Public/Quasi-Public" designations and is in accordance with the overall goals and policies of
the Comprehensive Plan.
17. It is found that the proposed zoning amendment complies with the intended
zone(s) supported by the Future Land Use Map. The property is not intended for another rezone
in the future.
18. It is found that the existing church development and the proposed preschool
are in accordance with the uses that may be permitted in the proposed L-O zone. Any other use
would have to be considered under the appropriate zoning review process.
19. The current status of the church as legally non-conforming makes the property
a good candidate for rezoning. Without a rezone the existing church cannot be modified or
expanded without an approved Conditional Use Permit (MCC 11-5-SA). The proposed rezone
will bring the church into compliance with Meridian's Zoning Ordinance.
20. It is found that the existing church use is appropriate and harmonious with
the existing area. The proposed preschool, maybe harmonious with the existing and intended
character of the same area, if constructed and operated appropriately. Any uses other than the
church and preschool use will require further zoning approval, as determined by the Schedule of
Use Control in the City's Zoning Ordinance.
21. It is found that the rezone to L-O should not be disturbing to existing or future
neighboring uses.
22. It is found that the proposed uses will be adequately served by all essential
public services and facilities.
23. It is found that the requested uses will not create excessive additional
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECLSION AND ORDER OF APPROVAL OF
REZONING OF 4.738 ACRES FROM R-4 TO L-O
BY: CHRIST LUTHERAN CHURCH { (RZ-03-005)
PAGE 9 OF 19
requirements at public costs for public facilities and services. Additionally, it is found that the
proposed rezone would not be detrimental to the economic welfare of the community.
24. It is found that the proposed L-O zoned property will not involve uses,
activities, processes, materials, equipment, and conditions that are detrimental to the general
welfare of the community.
25. It is found that the proposed use will not interfere with general traffic patterns
on any public streets.
26. It is not found that any natural or scenic feature will be lost, damaged or
destroyed by approval of this rezone.
27. It is also found that the zoning amendment would be in the best interest of the
City by bringing an existing non-conforming use into conformance with Meridian's zoning
ordinance.
CONCLUSIONS OF LAW
The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
2. 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, Resolution No. 02-382.
3. The requested zoning of Limited Office District, (L-O) is defined in the Zoning
Ordinance at 11-7-2 G as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.738 ACRES FROM R-4 TO L-O
BY: CHRIST LUTHERAN CHURCH / (RZ-03-00~
PAGE 10 OF 19
2-O) Limited Offrce District: The purpose of the L-O District is to permit the
establishment of groupings of professional, research, executive, administrative,
accounting, clerical, stenographic, public service and similaz 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.
4. Idaho Code § 67-6511 provides and requires that the City shall establish by
ordinance one or more zones or zoning districts in accordance with the adopted Comprehensive
Plan and the ordinance establishing zoning districts can be amended with particular consideration
given to the effects of any proposed zone change upon the delivery of services by any political
subdivision providing public services, including school districts, within the City's planning
jurisdiction and that it is in conformance with the Comprehensive Plan.
5. Idaho Code § 67-6511A provides:
Each governing boazd may, by ordinance adopted or amended in accordance with the
notice and hearing provisions provided under section 67-6509, Idaho Code, require or
permit as a condition of rezoning that an owner or developer make a written commitment
concerning the use or development of the subject pazcel. The governing board shall adopt
ordinance provisions governing the creation, form, recording, modification, enforcement
and termination of conditional commitments.
6. The City of Meridian by the adoption of Meridian City Code § 11-15-12 has
exercised its authority to require or permit as a condition of rezoning that an owner or developer
make a written commitment concerning the use or development of the subject property.
§ 11-6-1 ZONING DISTRICT MAP provides in part as follows:
The districts established in this Ordinance as shown on the Official Zoning Map, together
with all explanatory matter thereon, are hereby adopted as part of this Ordinance. Where
uncertainty exists with respect to the boundaries of any of the zoning districts as shown
on the Official Zoning Map, the following shall apply:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.738 ACRES FROM R-4 TO L-O
BY: CHRIST LUTHERAN CHURCH / (RZ-03-005)
PAGE 11 OF 19
7.1 Where district boundaries are indicated as approximately
following the centerline of street lines, highway right-of--way lines, streams, lakes
or other bodies of water, the centerline shall be construed to be such boundary;
7.2 Where district boundaries are so indicated that they approximately follow the lot
lines, such lot lines shall be construed to be said boundaries;
7.3 Where district boundaries are so indicated that they are approximately parallel to
the centerlines or street lines of streets, or the centerlines or right-of--way lines of
highways, such district boundaries shall be construed as being parallel thereto and
at such distance therefrom as indicated on the Official Zoning Map. If no distance
is given, such dimensions shall be determined by the use of the scale shown on the
Official Zoning Map; and
7.4 Where the boundary of a district follows a railroad line, such boundary shall be
deemed to be located in the middle of the main tracks of said railroad line.
8. § 11-15-1 lof the Meridian City Code GENERAL STANDARDS
APPLICABLE TO ZONING AMENDMENTS provides in part as follows:
The Commission and Council shall review the particular facts and circumstances of each
proposed zoning amendment in tertrts of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment:
8.1 The new zoning will be harmonious with and in accordance with the
Comprehensive Plan.
8.2 The area is not intended to be rezoned in the future.
8.3 The area is intended to be developed in the fashion that is allowed under the new
zoning.
8.4 There has been no change in the area or adjacent areas which would dictate the
area should be rezoned.
8.5 The proposed uses 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 same area;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.738 ACRES FROM R-4 TO L-O
BY: CHRIST LUTHERAN CHURCH / (RZ-03-005)
PAGE 12 OF 19
8.6 The proposed uses will not be hazardous or disturbing to existing or future
neighboring uses;
8.7 The azea will be served adequately by essential public facilities and services such
as highways, streets, police and fire protection, drainage structures, refuse
disposal, water, sewer or that the person responsible for the establishment of
proposed zoning amendment shall be able to provide adequately any of such
services;
8.8 The use 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;
8.9 The proposed uses 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;
8.10 The area will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public streets;
8.11 The use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
8.12 The proposed zoning amendment is in the best interest of the City of Meridian.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS
OF FACT AND CONCLUSIONS OF LAW WHICH ARE HEREIN ADOPTED, the City
Council does hereby Order and this does Order:
The Applicant's request for rezone of approximately 4.738 acres as its current use
as a church and also a preschool, subject to the terms and conditions of this Order hereinafter
stated; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.738 ACRES FROM R-4 TO L-O
BY: CHRIST LUTHERAN CHURCH / (RZ-03-005)
PAGE 13 OF 19
2. The following special terms and conditions of use and development relate to this
application to-wit:
A. Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
SITE SPECIFIC COMMENTS
1. The legal description submitted with the application is accurate and meets the
requirements of the City of Meridian and State Tax Commission.
2. Staff has determined that the rezone request would meet each of the twelve (12)
Findings required by Ordinance 11-15-11.
3. If rezoned to L-O, the subject lot would conform to the minimum lot size and
minimum frontage of the zone.
4. The existing site does not conform to all of the current standards of the Landscape
Ordinance, specifically the required buffer between land, uses parking lot landscaping
requirements. Staff recommends that the site not be required to come into full compliance
until such time as the parking lot is significantly modified per Ordinance 12-13-11-4.
5. Any assessments or re-assessments for sewer and water service for any new uses will
be determined during the Certificate of Occupancy process.
CONDITIONS OF APPROVAL (REZONE)
Staff recommends the following be made conditions of the Rezone:
1. The existing parking lot landscaping will be subject to ordinance 12-13-11-4 and
upgraded to meet current standards upon any significant parking lot replacement per said
ordinance.
2. The existing sign shall be granted legal, non-conforming status and become subject to
the provisions of ordinance 11-14-8.B.
3. Remove any existing domestic wells and/or septic systems within this project
from their domestic service per City Ordinance. Wells may be used for non-domestic
purposes such as landscape irrigation.
4. All signage in the proposed project shall be in accordance with the standards set
forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.738 ACRES FROM R-4 TO L-O
BY: CHRIST LUTHERAN CHURCH / (Itz_03-005)
PAGE 14 OF 19
5. Provide off-street parking in accordance with the City of Meridian Ordinance 11-13
for use of property.
6. All construction shall conform to the requirements of the Americans with Disabilities
Act.
B: Adopt the Recommendations of the ACHD as follows:
Site Saecific Conditions of Aoaroval
A. The following conditions are intended to cover the District policies that will
pertain to any development proposal for this site. Upon the receipt of a development
application in the future for this site the District intends to include the following
conditions and may add additional conditions that may also apply to this site.
1. Dedicate 48-feet ofright-of--way from the centerline of Linder Road
abutting the parcel by means of a warranty deed and construct a sidewalk on
Linder Road located a minimum of 41-feet from the centerline of Linder Road.
The right-of--way purchase and sale agreement and deed must be completed and
signed by the applicant prior to scheduling the final plat for signature by the
ACHD Commission or prior to issuance of a building permit (or other required
permits), whichever occurs first. Allow up to 30 business days to process the
right-of--way dedication after receipt of all requested material. The owner will be
paid the fair market value of the right-of--way dedicated which is an addition to
existing ACHD right-of--way if the owner submits a letter of application to the
impact fee administrator prior to breaking ground, in accordance with the ACHD
Ordinance in effect at that time (currently Ordinance #197), if funds are available.
If ACHD funds cannot be secured, the applicant shall do one of the following:
a. Dedicate an additiona123-feet (or 13-feet if the sidewalk is
constructed in an easement) of right-of--way for Linder Road abutting the
site by donation (or through a development impact fee offset agreement)
and construct a 5-foot wide (minimum) sidewalk on Linder Road located a
minimum of 41-feet from the centerline of the roadway. Provide an
easement to the District for any portion of the sidewalk that is constructed
outside of the new right-of--way.
b. Do not dedicate any additional right-of--way on Linder Road and
construct a 5-foot wide (minimum) concrete sidewalk on Linder Road
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.738 ACRES FROM R-4 TO L-O
BY: CHRIST LUTHERAN CHURCH / (RZ-03-005)
PAGE 15 OF 19
located a minimum of 41-feet from the centerline of the roadway with an
easement provided to the District.
c. Do not dedicate any additional right-of--way on Linder Road and
construct a 5-foot wide (minimum) concrete sidewalk on Linder Road
located at the back edge of the existing right-of--way, as determined by
District staff. Accomplish all required improvements to properly
accommodate existing drainage and utilities.
2. Pave any driveways on Cherry Lane or Linder Road a minimum of 30-feet
into the site beyond the edge of pavement. All driveway(s) shall be constructed as
curb return type driveways with 15-foot curb radii. Direct lot or parcel access to
Linder Road and Cherry Lane is restricted. As required by District policy,
restrictions on the width, number and locations of driveways, shall be placed on
future development of this parcel.
3. Comply with all Standard Conditions of Approval.
Standard 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 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 Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein. An engineer registered in the State of Idaho shall
prepaze 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.738 ACRES FROM R-4 TO L-O
BY: CHRIST LUTHERAN CHURCH / (RZ-03-00~
PAGE 16 OF 19
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 Irnpact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within
the right-of--way. Existing utilities damaged by the applicant shall be repaired by
the applicant at no cost to ACHD. 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 ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) aze
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 representafive 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 a
waiver/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 of 400'
apart. 1997 UFC Appendix III-A
2. Final approval of the fine hydrant locations shall be by the Meridian Fire Department.
3. All radii shall be 28' inside and 48' outside radius for all internal roads and entrances.
4. The fire lanes shall have a clear driving surface, available at all times, which is 20'
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.738 ACRES FROM R-4 TO L-O
BY: CHRIST LUTHERAN CHURCH / (RZ-03-005)
PAGE 17 OF 19
wide. UFC 902.2
3. The City Attorney shall prepare for consideration by the City Council the
appropriate ordinance for the re-designation of the zoning for the real property which is the
subject of the application to (L-O) Limited Office District (Meridian City Code § 11-7-2 G)
which ordinance shall be considered for passage.
4. Subsequent to the passage of the Ordinance, provided for in Section 2 of this
Order, the engineering staff of the Public Works Department shall prepare the appropriate
mapping changes of the official Zoning Maps as provided in Meridian City Code § 11-21-1 in
accordance with the provisions of the rezoning 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 being a person who has an
interest in real property which maybe adversely affected by the issuance or denial of the rezoning
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 c~Giin-~ 2 ¢ , 2003.
ROLL CALL
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.738 ACRES FROM R-4 TO L-O
BY: CHRIST LUTHERAN CHURCH / (RZ-03-005)
PAGE 18 OF 19
VOTED~~'
VOTED~~-'
COUNCILWOMAN CREATE McCANDLESS VOTED ~~=e~f--
COUNCILMAN WILLIAM L.M. NARY VOTED~~
MAYOR ROBERT CORRIE (TIE BREAKER) VOTED
DATED: ~j-Z~-O3
MOTION:
APPROVED: ~ DISAPPROVED:
Mayor Robert D. Corrie
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Attest: \\\~~.~~~~ pF MFR/p~''.,~
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William G. Berg, Jr., City Clerk ~OaGC~r Ist .1~ ~p mac`
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Copy served upon Applicant, the Planning and Zoning Departrnent, Public Works Dega1'~illgFitAAER/o'''•,~
and the City Attorney. ,~~~ ~'~ i~ ~'%;
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By: ~"~GG~.- . /~ ~, Dated: 6 ~ Z ~ ~3 ~~" 1!~L
City Clerk ~- ~_ r~ 9o°J
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER OF APPROVAL OF
REZONING OF 4.738 ACRES FROM R-0 TO L-O
BY: CHRIST LUTHERAN CHURCH / (RZ-03-DOSS
PAGE 19 OF 19