PZ Recs/Staff ReportSTAFF REPORT
HEARING DATE: June 5, 2012
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
208-884-5533
SUBJECT: AZ-12-001 -Ustick LDS Stake Center
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I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Church of Jesus Christ of Latter-day Saints, has applied to annex (AZ) 7.67 acres of land. With
annexation, the zoning would change from RUT in Ada County to the R-8 (Medium-density Residential
District) zoning district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed application based on the Findings of Fact and Conclusions of Law
in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard this item on May 3,
2012. At the public hearing, the Commission moved to recommend approval of the subiect AZ request.
a. Summary of Commission Public Hearing:
i. In favor: Jo Larson
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. None
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number AZ-12-001 as
presented in the staff report for the hearing date of June 5, 2012, with the following modifications: (Add any
proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial of File Number AZ-
12-001 as presented during the hearing on June 5, 2012, for the following reasons: (You should state specific
reasons for denial.)
Continuance
I move to continue File Number AZ-12-001 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:
Ustick LDS Stake Center AZ-12-001 PAGE 1
3775 E. Ustick Road -Parcels # S 1104212625 and 86993000011
Located in the northeast'/a of the northwest'/a of Section 4, Township 3 North, Range 1 East
B. Applicant/Owner(s):
Church of Jesus Christ of Latter-day Saints
50 E. North Temple Street
Salt Lake City, Utah 84150
C. Representative:
Jo Larson, Tait and Associates, Inc., Phone # 345-2428
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for an annexation request. A public hearing is required before the Planning &
Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter
5.
B. Newspaper notifications published on: April 16, and 30, 2012 (Commission); Mav 14, and 28, 2012 (Gifu
Council
C. Radius notices mailed to properties within 300 feet on: April 12, 2012 (Commission); Mav 9, 2012 (City
Council
D. Applicant posted notice on site by: April 23, 2012 (Commission); Mav 14, 2012 (City Council)
VI. LAND USE
A. Existing Land Use(s): The annexation boundary includes two parcels; one is developed with a church and
the other is the church's play field.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
North: Residential Subdivision, zoned R-1C in Boise City
South: County residences, zoned RUT in Ada County
East: County residences, zoned Rland RUT in Ada County
West: Vacant commercial lots and Funeral Home, zoned C-G and C-C
C. History of Previous Actions: None
D. Utilities:
1. Public Works:
a. Location of sewer: E Ustick Road
b. Location of water: E Ustick Road
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There are no ditches or canals that cross this property.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within the flood plain or flood way.
Ustick LDS Stake Center AZ-12-001 PAGE 2
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated "Medium Density Residential" and "Office" on the Comprehensive Plan
Future Land Use Map. The annexation area consists of two parcels; each parcel has a different land use
designation. The larger (4.37 acre) parcel is designated medium density residential and is developed with a
25,000 square foot church. The smaller (2.4) acre parcel is designated office and is developed with a playfield
for the church. Staff is of the opinion that the R-8 zone is appropriate for both parcels and is consistent with the
medium density residential future land use designation based on the following:
• the two parcels are under common ownership;
• the larger parcel on the site is developed with the church and consists of a larger portion of the two
land use designations;
• the church is primarily surrounded by residential development.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
existing use (staff analysis in italics):
• Ensure that adequate public services are provided for existing and future residents and businesses.
As mentioned earlier, the site is developed with an existing 25, 000 square foot church. The church's
septic system is failing and hook-up to City services is necessary. In addition, Ustick Road is currently
being widened. Once the improvements are completed, ACHD will place a S year moratorium that will
restrict the extension of City services. The applicant is coordinating with City Staff to ensure services
are installed with the road widening project so the existing church can be served by City utilities.
• Encourage compatible uses to minimize conflicts and maximize use of land.
The church building was constructed in 1975. Over the years, this area has quickly developed with
commercial and residential development. Because a majority of the church property is designated
medium density residential, staff is of the opinion that the R-8 zone is most compatible with the
adjacent residential in the area. Additionally, the R-8 zone requires the approval of a conditional use
permit for any expansion of the church. The CUP process will allow the City to assess the potential for
any conflicts that may occur in the future.
VIII. UNIFIED DEVELOPMENT CODE
A. Schedule of Use: Unified Development Code (UDC) Table 11-2A-21ists the principal permitted,
accessory, conditional, and prohibited uses in the R-8 zoning district. A church requires the approval of a
conditional use permit in the R-8 zone. Since the existing church received CUP approval through Ada
County this requirement has been satisfied however; any future expansion of the church will require a
conditional use permit and must comply with the specific use standards set forth in UDC 11-4-3-6.
B. Dimensional Standards: Upon annexation, the dimensional standards listed in UDC Table 11-2A-6 for the
R-8 zoning district apply to this site. The existing church complies with the dimensional standards of the
R-8 zone.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The applicant requests approval to annex 7.67 acres of land and zone the property from the RUT in Ada
County to the R-8 zoning district. Staff is of the opinion the R-8 zone is appropriate as it is consistent with
the medium density residential land use designation of the property. A conditional use permit (CUP) is
required for the operation of church in the R-8 zone. A CUP for the church use was approved by Ada
County; consistent with the unified development code (UDC).
Ustick LDS Stake Center AZ-12-001 PAGE 3
The 25,000 square foot church on the site will continue to be used for religious purposes; no new
development or expansion is proposed. Therefore, no additional site improvements are required by the
UDC. The applicant requests annexation to facilitate the connection to City services. The existing septic
system is failing which is driving the request for annexation. Additionally, ACHD is widening Ustick
Road and once construction is completed, ACRD will place a 5 year moratorium on the street section and
City services cannot be extended. The applicant is coordinating with City staff to ensure the infrastructure
is extended to the site with the road widening project.
With annexation requests, the City usually requires the execution of a development agreement (DA).
Because the site is developed with an existing church and staff does not foresee the use of the property
changing, staff is of the opinion that a DA is not warranted. Future expansion of the church will require a
conditional use permit.
Based on the analysis above, staff finds annexing this property to the R-8 zone is consistent with both the
residential designation of the plan and the Unified Development Code. Therefore, staff recommends
approval of the AZ request.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map & Aerial Map
2. Existing Site Plan
B. Agency Comments
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map
D. Required Findings from Unified Development Code
Ustick LDS Stake Center AZ-12-001 PAGE 4
Exhibit A.l :Vicinity/Zoning Map & Aerial Map
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34953567 i 2845 ~~ 283 `~
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2751 2780
Exhibit A PAGE 1
Exhibit A.2: Existing Site Plan
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Exhibit A PAGE 2
Exhibit B: Agency Comments
1. PLANNING DEPARTMENT
1.1 General
1.1.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter
2 District regulations.
1.1.2 Future expansion of the church shall require the procurement of a conditional use permit.
1.1.3 The applicant shall connect to City services as set forth in UDC 11-3A-21.
1.1.4 The applicant shall comply with all ordinances in effect at the time of development.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in E Ustick Road.
Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three
feet than alternate materials shall be used in conformance of City of Meridian Public Works
Departments Standard Specifications.
2.2 Water service to this site is being proposed via extension of mains in E Usitck Road.
2.3 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right
of way (include all water services and hydrants). The easements shall not be dedicated via a plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms., a legal
description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11"
map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed,
signed and dated by a Professional Land Surveyor. DO NOT RECORD.
2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of
water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for
the primary source. If a surface or well source is not available, asingle-point connection to the
culinary water system shall be required. If a single-point connection is utilized, the developer will be
responsible for the payment of assessments for the common areas.
2.5 Any existing domestic well system within this project shall be removed from domestic service per City
Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-
5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such
as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B.
Whitney at (208)334-2190.
2.6 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections
(208)375-5211.
2.7 Applicant shall be required to pay Public Works development plan review, and construction inspection
fees, as determined during the plan review process, prior to the issuance of a plan approval letter.
2.8 At the completion of the project, the applicant shall be responsible to submit record drawings per the
City of Meridian AutoCAD standards. These record drawings must be received and approved prior to
the issuance of a certification of occupancy for any structures within the project.
3. FIRE DEPARTMENT
3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4 ''/2" outlet face the main street or parking lot drive aisle.
Exhibit B PAGE 1
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 '/2" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing buildings
within 1,000 feet of the project.
3.2 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
4. POLICE DEPARTMENT
4.1 The Police Department has no comments related to this application.
5. SANITARY SERVICES
5.1 SSC has no comments related to this application.
6. ADA COUNTY HIGHWAY DISTRICT
This application is for a rezone only. Listed below are site-specific conditions of approval that the District maX
require when it reviews a future development application for this site. The District may add additional site-
~ecific requirements when it reviews a specific re-development application.
6.1.1 Construct Duane Drive as one-half of a 36-foot street section with curb, gutter, and 5-foot wide
sidewalk abutting the site. Provide ACHD with a permanent right-of--way easement for andportion of
the sidewalk that is located outside of the right-of-wad
6.1.2 Close the 28-foot wide driveway on Ustick Road located 410 feet east of the intersection of Ustick
Road and Allys Avenue. Replace the driveway with vertical curb, gutter, and 7-foot wide sidewalk so
as to match the existing improvements on either side.
6.1.3 Correct an_y deficiencies and/or replace deteriorated facilities abutting the site, including sidewalk
construction or replacement; curb and gutter construction or replacement; installation or reconstruction
of pedestrian ramps; pavement repairs; signs; traffic control devices; and other similar items on Ally
Avenue, abutting the site.
6.1.4 Payments of impact fees are due prior to issuance of a building~ermit.
6.1.5 Comply with all Standard Conditions of Approval.
6.2 Standard Conditions of Approval
6.2.1 Anv existing irrisation facilities shall be relocated outside of the ACHD right-of-wav.
6.2.2 Private sewer or water systems are prohibited from being located within the ACRD right-of-wad
6.2.3 In accordance with District Policy, 7203.6, the applicant ma,~quired to update any existing non-
compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act
(ADA requirements. The applicant's engineer should provide documentation of ADA compliance to
District Development Review staff for review.
6.2.4 Replace any existing dammed 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.
Exhibit B PAGE 2
6.2.5 A license agreement and compliance with the District's Tree Planter polic, inquired for all
landscaping_proposed within ACRD right-of--way or easement areas.
6.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
6.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACRD shall repair existing_utilities damaged b t~pplicant The applicant
shall be required to call DIGLINE (1-811-342-1585) at least two full business da,~prior to breaking
ground within AC)=ID right-of--way The applicant shall contact ACPID Traffic Operations 387-6190 in
the event any ACRD conduits (spare or filled) are compromised during anaphase of construction.
6.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
6.2.9 All design and construction shall be in accordance with the AC1-ID Policy Manual ISPWC Standards
and approved supplements, Construction Services procedures and all applicable ACRD Standards
unless specifically waived herein. An en inkregistered in the State of Idaho shall prepare and certify
all improvemen~lans.
6.2.10 Construction, use and prop_erky development shall be in conformance with all applicable reauirements
of ACRD prior to District approval for occupancy
6.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and
si ng ed b the applicant or the applicant's authorized representative and an authorized representative of
ACRD. The burden shall be upon the applicant to obtain written confirmation of an~ a from
ACPID.
6.2.11 If the site plan or use should change in the future, ACRD Planning Review will review the site plan
and may require additional improvements to the transportation system at that time. Anon a in the
planned use of the property which is the subject of this application shall require the applicant to
comply with ACRD Policy and Standard Conditions of Approval in place at that time unless a
waiver/variance of the requirements or other legal relief is granted by the ACRD Commission.
7. PARKS DEPARTMENT
7.1 The Parks Department has no comments related to this application.
Exhibit B PAGE 3
C. Legal Description and Exhibit Map
EXHIBIT'~A"
A Portion of l~uid located in the Northeast 1I4 of the Northwest i/4 of Section 4,
Towstship 3 Noiih, Range l P.sst, .Boise Meriden, Ada County, Idaho. Being further
describccl as follows;
B,A3IiS OF BEARINGS:
The North line of the Northeast ! /4 of the Northwest 1!4 of Section 4, Towi~hip 3
North, Range I East, Hoisc Meridian, derived from found tuoncattents and taken as
North 89'~4S'S4" F,tt~st with the distance between maturneatts fowtd to be 1329.56 feet.
BEGINNING at a Point on the North line of tho Northeast t/4 of the Northwest U4 of
Section 4, Tow~tahiP 3 Ndrtlt, Mange 1 Last, Daise Meridian from tvhiclz the North I!4
cxu~ter ofsaid Sec;tian 4 bears North 89°45`54" .bast a distance of 664.8E feet;
thence along the cettterline of Duane Drive, South 00°09'30" West a distance of 638.53
feet;
thence leaving said. centerline, South 84°45'20" West a distance of 25.00 f~ect to the
Southeast corner of Lot 1, Blau. 1, afPerkins-Brown Subdivision;
thet~e along the South line of mid Lat 1, South 84°45'20" West a distance of 639.64
feet to the Southwest corner of said Lot l;
thence South 89°4S'20" West a disinttce of 28,00 fact to ccttterliaE of North Allys
Avenue,
thertce along centerline of North Altys Avenue, North Ob°09'12" Fast a distance of
327".33 feet,
thence leaving said centertiane, North 89°~45't9" East a distance of 28.00 fact to tho
Northwest ern°ner of said Lot i
thence along the North iincofsaid I.at !,North 89°45'14" East a distance of314.8w
feet;
thence leaving said North line, Nat~th 00°g9'2 i" Fast a distance of 266.75 fact to the
sotdherly right-of-wnr of Ustick Ro€~i;
thence North Otl°09'21 " I?ast a distance of 45.00 feet to the North lme of said Nast
114 of the Northw~cst 1/4;
thence slang said Nartlt ti~te, North 84°45'54.° Last a disttancc of 344.85 feet to the
PnINT QF DIIGINNIhIG.
Contai:tictg, 334,044 squruc feet or 7.G7 acres, more or less.
CND:QF DESGRIPTIOI~I
Russell Badgley, PIS 12458
Ti,»betiine ~ttrv+tying
847 Park Centre Way, Suite 3
Naznpa, Idaho S~tiS 1
(208} 465-5487
Exhibit C PAGE 1
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D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to annex the subject property from RUT in Ada County to the R-8
zoning district. The Commission finds that the proposed map amendment is generally
consistent with the medium density residential land use designation for this site since the
property is held in common ownership and the medium density residential is the developed
portion of the site. Therefore, the Commission finds the amendment is consistent with the
applicable provisions of the Comprehensive Plan (see section VII above).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Commission finds that the proposed map amendment to the R-8 zoning district and
existing church use of this property is generally consistent with the purpose statement of the
residential district.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Commission finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare due to the need for City to serve the site because of the
failing septic system. City utilities will be extended at the expense of the applicant. Staff
recommends that the Commission and Council consider any oral or written testimony that
may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The Commission finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The Commission finds annexing this property with the R-8 zone is in the best interest of the
City. Staff finds future expansion of the site can be adequately addressed through the
conditional use process and not a development agreement.
Exhibit D PAGE 1