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
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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
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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
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Exhibit A PAGE 1
EXHIBIT A
Exhibit A.2: Approved Site Plan and Landscape Plan
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SITE PLAN
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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
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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