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Five Twelve MDA-10-005CITY OF MERIDIAN E IDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND ~ ®~' ~ DECISION & ORDER In the Matter of the Request to Remove the Five Twelve Subdivision Approved with FP-10- 002 from the Recorded Development Agreement (#106151232), by the Church of Jesus Christ of Latter-day Saints. Case No(s). MDA-10-005 For the City Council Hearing Date of: June 1, 2010 (Findings on the June 22, 2010 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 1, 2010, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 1, 2010, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 1, 2010, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 1, 2010, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified 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. 3. 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). MDA-10-005 -1- 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 attached Staff Report for the hearing date of June 1, 2010, incorporated by reference. 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: 1. The applicant's request to be excluded from the original development agreement recorded as instrument #106151232 and subject to new development agreement is hereby approved as evidenced in the attached staff report dated June 1, 2010. D. Attached: Staff Report for the hearing date of June 1, 2010. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-10-005 -2- a/ By action of the City Council at its regular meeting held on the 2Z h-- day of ~,~,~,~,._ , 2010. COUNCIL MEMBER DAVID ZAREMBA VOTED~~-- COUNCIL MEMBER BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED w2 a--- COUNCIL MEMBER KEITH BIRD VOTED~°`~ MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Attest: ~~~,~y ®f M~®v~~.,o~~ ~,~,~'..~ /Yt-~~ ` ~ ~O~ptPOFZq ~, ~ ~'~. F O Jaycee hnan, rty Clem ~~, -~ c~sr ~s~ • ~ ~' Copy served upon Applicant;'%~ Den ~'~~ii~-nin ~~~~~~~~~~ Attorney. By: Dated: i y ler ce Public Works Department and City - a-J - I v CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-IO-005 -3- STAFF REPORT HEARING DATE: June 1, 2010 TO: Mayor and City Council E IDIAN~~-- FROM: Bill Parsons, Associate City Planner i ~ ~ ~ ~ (208) 884-5533 SUBJECT: MDA-10-005 -Five Twelve (Bear Creek West) I. SUIVIMARY DESCRIPTION OF REQUEST The Applicant, Church of Jesus Christ of Latter-day Saints, is requesting that a lot in the Five Twelve Subdivision be excluded from the recorded development agreement (DA instrument #106151232) in effect for the property. A new DA is requested binding the subject property to the conditions of approval approved for the Five Twelve project (PP-09-002, FP-10-002, CUP-09-013 and DES-09- 034). II. SiJ1VIlVIARY RECOMMENDATION Staff recommends approval of the application as detailed in Section VIII of the staff report. ~ Meridian City Council heard this item on June 1.2010. At the uublic hearing the Council the subject MDA request ~_ itv Council Public Hearing: L In favor: Jo Larson ii< In onnosition: None iii. ConLmentin~: None iy. Written testimony: None y. Staff nresentin~ annlication: Bill Parsons Yl. Other staff commentinu on anulication: None 1i. ev Issues of Discussion by Council: - L ~~ ~. Key Council Changes to Staff Recommendation i, bone III~~.ZI]Z17.~~1]U[IyY[I]~I Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number MDA- 10-005, as presented in Staff Report for the hearing date of June 1, 2010, with the following changes: (insert any changes here). I further move to direct Legal Department Staff to prepare a Development Agreement for this site that reflects the changes noted in Section VIII. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number MDA-10- 005, as presented during the hearing on June 1, 2010. (You should state why you are denying the request.) Continuance I move to continue File Number MDA-10-005 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: Five Twelve NIDA Page 6 The site is located on the west side of S. Stoddard Road, midway between Overland Road and Victory Road, in the southwest 1/a of Section 24, Township 3 North, Range 1 West B. Owner(s): Tuscany Development P.O. Box 344 Meridian, ID 83642 C. Applicant: Church of Jesus Christ of Latter-day Saints 50 E. North Temple Street Salt Lake City, Utah 84150 D. Representative: Jo Larson, Gowland-Johanson-Zimmerman Architecture 400 S. Main Street Payette, ID 83661 E. Applicant's Statement/Justification: Please see applicant's narrative for this information (Exhibit A.4). V. PROCESS FACTS A. The subject application is a request for a development agreement modification. Per Meridian City Code, a public hearing is required before the City Council on this matter. B. Newspaper notifications published on: May 3, and 17, 2010 C. Radius notices mailed to properties within 300 feet on: Apri130, 2010 D. Applicant posted notice on site by: May 15, 2010 VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of vacant, un-platted land, zoned R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is currently surrounded by undeveloped agricultural property and residential properties. North: Agricultural land, zoned RUT in Ada County East: Single-family residential properties in Bear Creek Subdivision, zoned R-4 South: Agricultural land (preliminary platted as Bear Creek West Subdivision), zoned R-8 West: Agricultural land (preliminary platted as Bear Creek West Subdivision), zoned R-8 C. History of Previous Actions: • In 2005, this property was annexed (AZ-OS-064) with an R-8 zoning district and included in the preliminary plat (PP-OS-064) for Bear Creek West Subdivision. A development agreement (DA), instrument #106151232, was recorded as a condition of annexation. The recorded DA requires the property be subdivided in accordance with the Unified Development Code. • In 2008, the Bear Creek plat expired because the director denied the time extension (TE-08- 031). • In 2009, the subject property platted as the Five Twelve Subdivision (PP-09-002). • In 2010, City Council approved a one lot fmal plat (FP-10-002). Five Twelve MDA Page 7 • A conditional use permit was approved (CUP-09-013) for a church on Lot 1, Block 1 of the subdivision. D. Utilities: 1. Public Works: a. Location of sewer: W Kodiak Drive. b. Location of water: S Stoddard Road. c. Issues or concerns: None VII. AGENCY COMMENTS MEETING No comments were received by the Planning Department for the subject application. VIII. STAFF ANALYSIS The applicant is requesting the subject property be excluded from the recorded development agreement and be subject to a new development agreement with the conditions of approval approved with the Five Twelve preliminary plat (PP-09-002), conditional use permit and design review approval (CUP-09-013 and DES-09-034) and final plat (FP-10-002). To this date construction has not commenced on the subject property and the final plat has not recorded. The final plat has received City Engineer's signature. A majority of the provisions in the recorded development agreement (DA) are standard provisions that are required with the development of a property (see Exhibit A.2 for recorded DA provisions). However, DA provision 5.1.5 restricts the issuance of building permit until the property is subdivided. Because of the aforementioned provision, the applicant has proceeded with subdividing the property. Once the Five Twelve Subdivision records, the applicant can proceed with obtaining a building permit thus fulfilling the requirement of the recorded DA. The applicant wishes the subject property to be excluded from the original DA and City Staff is of the opinion that there should be a new DA to address the specific conditions of approval for the subject property. Therefore, a new DA has been prepared by the City Attorney that contains language specifying this and identifies a religious meeting house as an acceptable use for the property as evidenced by the approval of CUP 09-013 and DES 09-034. Staff is recommending approval of a new DA with the inclusion of the following language in Sub- Section 4 and Sub-Section 5 of the new development agreement as follows: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed in the approved R- 8 (Medium Density Residential District) zone outlined in the UDC. Notwithstanding the foregoing, City agrees that CPB's use of the Property for construction and operation of a religious meetinghouse qualifies as an acceptable use in R-8 zone (Medium Density Residential District) as authorized in the Findings for Case No. CUP 09-013 and DES 09- 034; . 5.1. CPB shall develop the Property in accordance with the following special condition: 5.1.1. Upon recordation of the Five Twelve Subdivision (FP-10-002), the Property, as described in Exhibit A, will no longer be subject to, but will be automatically released from, the requirements of that certain Development Agreement (AZ OS-064) Bear Creek West Subdivision recorded with the Ada County Recorder on September 21, 2005, as Instrument Number 106151232. Moreover, the Property shall be governed only by the following: (1) this Agreement; (2) the conditions of approval of the preliminary plat (PP-09-002); (3) the conditional use permit (CUP-09-013); and (4) the final plat (FP-10-002). Five Twelve NIDA Page 8 X. EXITS A. Maps/Other 1. Vicinity/Zoning Map -Property Subject to Development Agreement 2. Approved Final Plat (Not Recorded) 3. Recorded DA Provisions for the Bear Creek West Annexation Five Twelve MDA Page 9 Exhibit A.1 -Vicinity/Zoning Map Property proposed for exclusion from the I)A a~ul subject to a new DA ~ --- `" m n W ORSC ~" W FCIRTINI 1 ~` ~ W GAL1~ Five Twelve MDA Page 10 Exhibit A.2 -Approved Final Plat (Not Recorded) p~cEL ~ vE susn~s~aw LOCATED IN THE E1/2 OF THE NE9/4 OF THE SWf/4 OF SECTION 24, T.~d., R.9W., B.M. MERIDIAN, ADA COYINTY, IDAHO ao~ o sow ~u~o ~,,,~ ~~~~ w.. s,a, 1---- - -..... _...etnmo... ....... , I © ~7 C7~(~ Q_7 m r, • m~~-~r~ CZa I~7 i© C~J m CAE .~...~~ mmm ® © m m®m 0 c-7 ~ ra~r~ G! ~. ~ ~ mmm 0, i •~P ~~ N. NDf~ D0. am mP~4+TBD ~ ~ d°, 1 1 O B~ 1 ~'- iso ISrd'- a 1 1 ,~1 f~ man ,,.®v.~ • >~ara~ • ~ras~ae. • -_~~~ ~~~~ asMSturo a.w ~ oowr ~r B~4 0 ®oua w.~® ..ea a ~ii°NG o®a ,u - .sr ,. tlMPl~f T60 i r __ _~ ~~~ i Five Twelve NIDA Page 11 Exhibit A.3 -Recorded DA Provisions for the Beak Creek West Annexation 4.2 No change in the uses specified in this Agreement shall be allowed without modificsition of this Agreement. S. CONDITIONS GOVERNING DEVELOPMENT OF SUBJEG°lC PROPERTY: 5.1. "Developer"and/or "Owneas" shall develop the "Fropert~' in accordance with the fvllowing special conditions: 5.1.1. That sU future use shall not imoivo uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any Persons, property ortho gonerel welfare byreason of excessive production of traffic, noise, smoke, thmes, glare or odors. 5.1.2. That all future development ofthe sul~jed properly shall be construe in accordance with City of Meridian ordinances in effect at the time of the developm~. 5.1.3. That the applicant bo responsible for aII costs associated withthe sewer and water service extension. . 5.1.4. That any existing domestic wells and/or septic systems witb~ this project will have to be removed from Moir domestic service, per City Ordinance Section S-7-S 17, whoa services are available from the City of Meridian. Wells may bo used for nos-domestic purposes such as landscape irrigation. 5.1.5. That prior to the issuance of arty building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 5.1.6 That Sve-foot wide sidewalks and sheet ~ffors constructed in accordance withCity Code. be installedalong S. StoddardRoadand~V. RodiakDrivo with eachphase, priorto occupancyofaaynew dwelling units for said ghaso. Five Twelve MDA Page 12