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Central Valley Baptist Church RZ-12-002CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER (j~~E IDR IAN ~J In the Matter of Rezone of 15.65 Acres of Land from the L-O Zone to the C-C Zone for Central Valley Baptist Church, Located at 600 N. Ten Mile Road, , by Alan Baker. Case No(s). RZ-12-002 For the City Council Hearing Date of: October 16, 2012 (Findings on November 7, 2012) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 16, 2012, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 16, 2012, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 16, 2012, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 16, 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 (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 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. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-12-002 -I- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 16, 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 rezone is hereby approved per the comments in the attached Staff Report for the hearing date of October 16, 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 final 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 October 16, 2012 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-12-002 -2- By action of the City Council at its regular meeting held on the ~ day of 2012. COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (T1E BREAKER) VOTED VOTED VOTED~p- VOTED VOTED Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. By: Dated: /~ (~"~~ Ity Cler 19I~i CITY OP MERIDIAN FINDINGS OF FACT, CONCLUSIONS OP LAW AND DECISION & ORDER CASE NO(S). RZ-12-002 3- EXHIBIT A STAFF REPORT HEARING DATE; TO: FROM: October 16, 2012 Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 ~E IDIZ IAN*~ ~J SUBJECT: RZ-12-002 -Central Valley Baptist Church I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Alan Baker, has applied to rezone (RZ) 15.65 acres of land from the L-O (Limited Office District) zoning district to the C-C (Community Business District) zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed rezone 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 September 6, 2012. At the public hearing, the Commission voted to recommend approval of the subiect RZ request. a. Summary of Commission Public Hearing: i. In favor: Alan Baker and Ross Mason ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Pete Friedman 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 ~, Summary of Ci . Council Public Hearin: L In favor: Alan Baker and Ross Mason 11. In opposition: None iii. Commenting: None lY, Written testimony: None y. Staff presenting annlication: Bill Parsons y1. Other staff commenting on annlication: None ~_ Key Issues of Discussion by Council: i= None ~_ Key Council Changes to Staff/Commission Recommendation i= 1YQne Central Valley Baptist Church RZ-12-002 PAGE 1 EXHIBIT A III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number RZ-12-002 as presented in the staff report for the hearing date of October 16, 2012, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny of File Number RZ-12-002 as presented during the hearing on October 16, 2012, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number RZ-12-002 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: 600 N. Ten Mile Road -Parcel # S 1211325850 Located in the northeast '/4 of the northwest '/4 of Section 4, Township 3 North, Range 1 East B. Applicant Alan Baker 2287 W. Whitelaw Drive Meridian, ID 83642 C. Owner: Central Valley Baptist Church 600 N. Ten Mile Road Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone 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: August 20, and September 3, 2012 (Commission); September 24, and October 8, 2012 (Gifu Council) C. Radius notices mailed to properties within 300 feet on: August 17, 2012 (Commission); September 20, 2012 (Gifu Council) D. Applicant posted notice on site by: August 24, 2012 (Commission); October 6, 2012 (City Council) VI. LAND USE A. Existing Land Use(s): The subject property is developed with an existing church. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Residential subdivision and convenience store, zoned R-15 and C-C South: Railroad tracks and agricultural land, zoned RUT in Ada County East: Vacant residential land, zoned R-15 Central Valley Baptist Church RZ-12-002 PAGE 2 EXHIBIT A West: County residences, zoned RUT in Ada County C. History of Previous Actions: • The property was annexed in 2003 with the L-O designation (AZ-03-001). A development agreement was not required with the annexation of the property. • In 2003, a certificate of zoning compliance (CZC-03-052) was approved for the construction of a 23,000 square foot church. D. Utilities: 1. Public Works: a. Location of sewer: Site is currently served from mains in W Treva Drive. b. Location of water: Site is currently served from mains in W Treva Drive. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Ten Mile Drain transverses the eastern boundary. 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 floodway. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use-Community" (MU-C) on the Comprehensive Plan Future Land Use Map. The applicant is proposing to rezone the property C-C (Community Business District), which is consistent with the MU-C land use designation. The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated. The Comprehensive plan also encourages a mix of three land use types. The church property is part of larger mixed-use community designation in the area. Other uses developed in close proximity of the church property include a convenience store and fuel facility, multi-family development and future single family development. There is also vacant commercial property north of the convenience store that may develop with additional community-serving uses. Since the area has developed with a diverse mix of uses and the C-C zone is appropriate, Staff is of the opinion the proposed rezone for a church generally complies with the intent of the Comprehensive Plan for the existing and future land use of this property. VIII. UNIFIED DEVELOPMENT CODE A. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted, accessory, conditional, and prohibited uses in the C-C zoning district. The existing church is a principally permitted use in the proposed C-C zone. B. Dimensional Standards: After rezone ordinance approval, the dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district apply to this site. IX. ANALYSIS REZONE ANALYSIS: The applicant requests approval to rezone 15.65 acres of land from the L-O zone to the C-C zone. The rezone is desired to increase the allowable area for a freestanding sign. In the L-O zone freestanding signs are limited to eight (8) feet in height with fifty (50) square feet of background area. Under the C-C zone, the allowed sign area increases to fifteen (15) feet in height with seventy (70) square feet of background area. Central Valley Baptist Church RZ-12-002 PAGE 3 EXHIBIT A Since the applicant only wishes to rezone the property for the increased sign area, a site plan, landscape plan and elevations have not been submitted with this application. No other changes are proposed to the site or building at this time. For informational purposes, staff has attached the approved site plan and landscape plan reviewed with the certificate of zoning compliance application in 2003 (see Exhibit A.2). Typically, the City requires the execution of a development agreement (DA) with annexation or rezone requests. At the time of annexation, the City did not require the execution of a development agreement because the site was to develop with a church. Thus, Staff is not recommending a development agreement with the subject rezone request based on the following: 1) The site is developed with an existing church (consistent with the ordinances in effect at the tame of development) and staff does not foresee the use of the property changing; 2) The existing church use is a principally permitted use in the proposed C-C zone. Any future expansion of the church site will require the approval of a certificate of zoning compliance and administrative design review applications and; 3) Although the rezone boundary totals 15.65 acres, the total developable area is 9.58 acres. Approximately half of the site is currently developed; the remaining undeveloped area is slated for future expansion of the church facility. Any future development must comply with all City ordinances in effect at the time of development. Based on the analysis above, staff finds rezoning this property to the C-C zone is consistent with both the mixed-use designation of the plan and the Unified Development Code. Therefore, staff recommends approval of the rezone request. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map & Aerial Map 2. Approved Site Plan and Landscape Plan B. Agency Comments 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Republic Services 6. Ada County Highway District 7. Parks Department C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Central Valley Baptist Church RZ-12-002 PAGE 4 EXHIBIT A Exhibit A.]: Vicinity/Zoning Map & Aerial Map Q ~~~ ~ r ~ .( I ~ ~ ~ ~ ~I ~ti ~~l ~l~z s ~~~ ~ ~ ~'a°'~ ~~ ~ ~ A ~ ~, .- ~~'.."~ .~ ~~ ~ ~ a r R-l 5 ~ _ ,I ~ / ' ~,-O W ~~ ndyw{ne ~L ~ -~ ~, /~ ~t ~ 175 3500 C-N ~~ 2954 2770 RS_6883 f-L Exhibit A PAGE 1 EXHIBIT A Exhibit A.2: Approved Site Plan and Landscape Plan __ ._ • • SITE PLAN ij~ _ ~ ~'f _ .. _ ... ~ ... ~ " ::: ,::.: - ~ ._ -- W, n.' ; ~'. • • CNi'IAAt. VAIJ,RY ~.~ z ...C .. ~ AAl'RCI'Clft1RQi ; .. . ,, ; , YA ~~., Exhibit A PAGE 2 EXHIBIT A 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 The applicant shall comply with all ordinances in effect at the time of development. 1.1.3 Staff's failure to cite any specific ordinance provisions does not relieve the applicant of responsibility for compliance. The applicant shall comply with all prior conditions of approval for this site associated with the annexation and certificate of zoning compliance (file #'s AZ-03-001 and CZC-03-052). 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns related to this application. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comments related to this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comments related to this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 ACRD has no site specific conditions related to this application. 7. PARKS DEPARTMENT 7.1 The Parks Department has no comments related to this application. Exhibit B PAGE 1 EXHIBIT A C. Legal Description and Exhibit Map LEGAL DLSCRIPTIUN FOR REZONE FROM LO TO CC A parcel of land located fn the Southwest 1/4 of Section 1 I, Township 3 North, Range West,l3oise Meridian, Ada County, Idaho. Being ftttther described as follows: BASIS OF BEARINGS; The West lute of the Southwest 1/4 of Section 1 t, 'i ownship 3 North, Range I West, Boise Metdian, derived from the Southwest Section Corner and the West 1/4 cot~tter and taken as Nat~h 00°52'39" Gast. CUMMIFNCING at the Southwest corner of Section 11, Township 3 North, Range i West, Boise Meridian; thence along the West tine of the Southwest 1/4 of said Section i 1, .North (}0°52'39" Gast a distance of 1546.85 feet to the Southerly right-of--way of the Oregon Shortline Railroad also being the POINT OTr BEGINN[NG1 thence contitttting along said West line, North 00°52'39" Fast a distance of S 11.01 feet; thettc;e leaving said West line, South 89°10°45" East a distance of 1,232.32 feet to the cetrteiiine of the Ten Mile Stub Drain; thcttce along said centerline the followi;tg three(3) courses: Sot><h 41°18'45" Cast a distatce of 255.25 feet; South 20°45'45" East a distance of 98.82 feet; South 02°SG' 1 S" West a distance of 47.G0 feet to the Not•thcrly right~f--way of the Oregon Shortline Railroad; thence along said rigltt-of way, North 88°28`20" West a distance of 209.96 Feet; thence leaving said Northctty right-of--way, South 00°36'46" West a distance of 200.03 feet to the Southerly right-of--way of the Otegon Shot•tiitte Railroad; thence along said Southerly right-of--way, North 88°28'20" Wesi a distance of 1,229.53 feet to the POINT OF BCGINNING. Said Parcel containing G81,G71 square feet or 15.65 acres, more or less. ENn OF nESCRIPTION Russell Badgley, PLS t 2458 'Fimbet•Ihte Surveying 847 Park Cetttte Way, Suite 3 Nampa, Idaho 83G51 (208) 4G5-SG87 AE ~PROVAL BY JUL 1 2 Zpi2 MERIalAN PUBLIC WORKS DEPT. Exhibit C PAGE 1 EXHIBIT A "' > ~ ~~ ~- ~i~~~ ~~ ~ ~ a~ ~ ~w ~ ~~'~' W t"' ~ i Std j ,,~d .+~•oru u ~ ~srs~.oos ~ ~ ~ ~ ~ o z ~~ ~ ~ , ~ ® ~ i ~ i ~ ~ ~ I ~ - ~ ~ur~ ~ - ~ ~ i ~ ~ I _ ! I ~~ ~~ __ r ~~ i ~ ~ ~ ~ ~ ~ ~ ~,, i ~ a c" a v ~ ~ ' I ra c _ ~ ..-- d ~~ __~ ~ ~ -- m a.ssxs.oar oro~t n~i~v asi 'a ~.e~.aQ.oa+v `~` e ~ u .-, Exhibit C PAGE 2 EXHIBIT A D. Required Findings from Unified Development Code 1. Rezone 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 rezone the subject property from the L-O zone to the C-C zone. Since the church is developed adjacent to other commercial and residential uses in the area, the Council finds that the proposed map amendment is consistent with the MiJ-C land use designation for this site (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The existing church use of this property is a principally permitted use in the requested zoning district; thus the Council finds the proposed rezone is generally consistent with the purpose statement of the Community Business 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. City services were extended with the annexation of the property in 2003. 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 (ITDC 11-SB-3.E). The Council finds rezoning this property with the C-C zone is in the best interest of the City. The existing church use will remain a principally permitted use in the proposed C-C zone. Any future expansion of the church/site will require the approval of a certificate of zoning compliance and administrative design review applications. Exhibit D PAGE 1