Ustick LDS Stake Center AZ-12-001CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
(~~E IDIAN~-
IDAHO
In the Matter of Annexation Consisting of 7.67 Acres of Land from RUT in Ada County toR-8 Zone
for Ustick LDS Stake Center, Located at on at 3775 E. Ustick Road, , by the Church of Jesus Christ
of latter-days Saints.
Case No(s). AZ-12-001
For the City Council Hearing Date of: June 5, 2012 (Findings on June 19, 2012)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 5, 2012, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of June 5, 2012, incorporated by
reference)
3. Applicafion and Property Facts (see attached Staff Report for the hearing date of June 5, 2012,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of June 5, 2012, 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 (LC. §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 April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-12-00]
-1-
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 Conditions of Approval all in the attached Staff Report for the
hearing date of June 5, 2012, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
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 for annexation is hereby approved per the comments in the attached
Staff Report for the hearing date of June 5, 2012, attached as Exhibit A.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the fmal action of the
governing board 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.
E. Attached: Staff Report for the hearing date of June 5, 2012
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-12-001
-2-
By action of the City Council at its regular meeting held on the
2012.
COUNCIL PRESIDENT BRAD HOAGLUN
COUNCIL, VICE PRESIDENT CHARLIE ROUNTREE
COUNCIL, MEMBER DAVID ZAREMBA
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
day of
VOTED }~ ~
VOTED y ~~',
VOTED~~
VOTED~~~
VOTED
Mayor Ta de Weerd
4 U~U~
Copy seined upon Applicant,
Department, Public Works Department and City Attorney.
B Dated: lQ '- (~ ~~t °~
Ci ~ ler ' ice
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-12-001
-3-
STAFF REPORT ( T T e
HEARING DATE: June 5, 2012 \~~ .L~l<-l~
TO: Mayor and City Council ~ ~ ~ ~ Q
FROM: Bill Parsons, Associate City Planner
208-884-5533
SUBJECT: AZ-12-001-Ustick LDS Stake Center
L 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.
H. 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 Plannine & Zonine Commission heard this item on Mav 3,
2012. At the public hearine the Commission moved to recommend approval of the subiect AZ request
a. Summary of Commission Public Hearine:
i. In favor: Jo Larson
ii. In opposition: None
iii. Commentine: None
iv. Written testimonv: None
v. Staff presentine application: BiII Parsons
vi. Other staff commentine on application: None
b. Kev Issue(s) of Discussion by Commission:
i. None
c. Kev Commission Chanee(s) to Staff Recommendation:
i. None
d. Outstandine Issue(s) for City Council:
i. None
The Meridian Ciri Council heard this item nn TLne 5 2012 At the n ~hlic hearine. the Council approved
he subiect AZ request
a, ummarv of City Council Public Hearine:
i, In favor: Jn Larson
ii. In opposition: None
Commentinn: None
iY. Written testimonv: None
y, toff presentine application: Bill Parson
yi, Other staff commentine nn annlication• None
1Z, ev issues of Discussion by Councih
is Npne
&, Kev Council Chances to Staff/Commission Recommendation
L None
Ustick LDS Stake Center AZ-12-001 PAGE 1
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 recormnend 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:
3775 E. Ustick Road -Parcels # S 1104212625 and 86993 00 00 1 1
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 ofLatter-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 (Gifu
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; mre 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
Ustick LDS Stake Center A7-12-001 PAGE 2
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.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated "Low 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 low 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 low 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 fool 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 inaprovenaents 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 wideningproject 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
conmaercial and residential development Because a majority of the church property is designated low
density residential, staff is of the opinion that the R-8 zone is most canapatible 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 naay occur in the future.
VHI. UNIFIED DEVELOPMENT CODE
A. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted,
Ustick LDS Stake Center AZ-12-001 PAGE 3
accessory, conditional, and prohibited uses in the R-8 zoning district. A church requires the approval of a
conditional use pernsit in the R-8 zone. Since the existing church received CUP approval through Ada
County this requirement has been satisfted however; any future expansion of the church will require a
conditional use permit and must comply with the speciftc 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 low 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).
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, ACRD is widening Ustick
Road and once construction is completed, ACHD will place a 5 year moratorium on the street section and
City services carmot 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 Deparment
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map
Ustick LDS Stake Center AZ-12-001 PAGE 4
D. Required Findings from Unified Development Code
Us[ick LDS Stake Center AZ-12-001 PAGE 5
Exhibit A.l:Vicinity/Zoning Map & Aerial Map
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 EXIIIBIT 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 Deparhnent 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 ''/z" outlet face the main street or parking lot drive aisle.
Bxhibit 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 %" 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 I{rrox 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 may
require when it reviews a future development application for this site The District may add additional site-
specific 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
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 any 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; sins; traffic control devices: and other similar items on Allvs
Avenue, abuttine the site.
6.1.4 Payments of impact fees are due prior to issuance of a buildingpermit
6.1.5 ComRly with all Standard Conditions of Approval.
6.2 Standard Conditions of Ap royal
6.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of-wak
6.2.2 Private sewer or water systems are prohibited from beine located within the ACHD right-of-wa
6.2.3 In accordance with District Policy, 7203.6, the applicant may be required to update any existin non-
compliantpedestrian 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 Re lace any existing damaged curb, trotter 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 aereement and compliance with the District's Tree Planter policy is required for all
landscapmg_proposed within ACHD ri t-of--way or easement areas.
6.2.6 All utility relocation costs associated with improving street frontages abuttine the site shall be borne
by the developer.
6.2.7 It is the responsibility of the applicant to verify all existine 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 (1-811-342-1585) 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 anYphase 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 ACHD Policy Manual, ISPWC Standards
and approved supplements, Construction Services procedures and all applicable ACHD Standards
unless specifically waived herein An engineer registered in the State of Idaho shall prepare and certify
all improvement plans.
6 2 10 Construction use and property development shall be in conformance with all applicable requirements
of ACHD prior to District approval for occupanck
6.2.11 No chance in the terms and conditions of this approval shall be valid unless they are in writing and
si ng ed by the applicant or the applicant's authorized representative and an authorized representative of
ACHD. The burden shall be upon the applicant to obtain written confirmation of an~ge from
ACHD.
6.2.11 If the site plan or use should change in the future, ACHD Planning Review will review the site elan
and maLrequire additional improvements to the transportation system at that time Any than e tg 'n 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 ACHD Commission
7. PARKS DEPARTMENT
7. I The Parks Department has no comments related to this application.
Exhibit R PAGE 3
C. Legal Description and Exhibit Map
L~XHCI3I`C "An
A prn'tiau of land lpcntecl ht tl~e Nortlianst l/4 ofdle Nacl~wask 1/4 oF$actian4;
Tatvitshllz 3 Naath, R~oga J ligst,, Raise Maridlaty Adn Cpunty,f~lalto. Bcifg furihat"
dCSCflbEd aS follOWS.
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:t'litte of 1)upne Il:4ve, South OD°09'30" Wesl n distance oFG3$.53
tkerlino, Soilth 89°45'20" West a disttatcc of25.00 fcctto the
rt 1, Block 1 oFPc:kins-Brown Snbdivlsioti
t line ofsnltl Lal 1, Soulli 89°4S`20" West it clisleuCa of 639.64
:ortter of stud Lot L
~" Wesl a dsfnuse of 28,00 feat to canlarlina ofNorth Allys
cline Q£NorfU Allys Avauna, No~•tlt QO°Q9"l2" 17as1 n dislanca of
North 89°45'19" Last a distance of 2R,00 fcet 4a tho
said Lat i, N~t'lit 89°45' i9" East a distance of 319;84
1" 1?asta~lstanceaf2GG,2S Feet o d+e.
a clistnnce of 45;06 feat ta,lha Nortls line of snicl Nnrthcest
N~t•t1t 89°45'54"1?nsl ndlstauec aF344,85 feel to the
Cotttatning 334,044 sgUiu'c fact or 7.67 a
CND OP 1)~SCRiP7'iQN
Russell Baclgley, PL3 !2;458.
7Ytytberlifle Surveying
R47 Park (:antra Way, Suite 3
N~inpa,ldaho 83GS1
(2b8) 465-5687
ExhibitC PAGE 1
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Exhibit C PAGE 2
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 Tndings:
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 Council fords that the proposed map amendment is generally consistent
with the low density residential land use designation for this site since the property is held in
common ownership and the low density residential is the developed portion of the site.
Therefore, the Council 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 Council 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 Council 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 Council 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-SB-3.E).
The Council finds annexing this property with the R-8 zone is in the best interest of the City.
The Council finds future expansion of the site can be adequately addressed through the
conditional use process and not a development agreement.
Exhibit D PAGE I