HomeMy WebLinkAboutTreas Vall Worship CtrCUP02-023
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 10-15-02
Revised 11111102
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT TO PERMIT TO )
PLACE A CLASS A )
MANUFACTURED HOME ON A )
PERMANENT FOUNDATION IN )
AN L-O ZONE, LOCATED AT 50 W. )
SPICEWOOD, AT THE )
NORTHWEST CORNER OF )
MERIDIAN ROAD AND E. )
SPICEWOOD DR., Yz MILE NORTH )
OF CHERRY LANE, MERIDIAN, )
IDAHO )
)
TREASURE VALLEY WORSHIP )
CENTER, )
)
APPLICANT )
)
Case No. CUP-02-023
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the City
Council on October 15, 2002, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Brad Hawkins-Clark of the Planning and Zoning Department, and
David Cruz, Mary Ann Gould, Donald Ford, Tyler Rountree, and Gordon Slider, appeared and
testified, and the City Council having duly considered the evidence and the record in this matter
,
and the Recommendations to City Council issued by the Planning and Zoning Commission who
conducted a public hearing and the Council having heard and taken oral and written testimony,
and having duly considered the matter, the City Council hereby makes the following Findings of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 1
Fact, Conclusions of Law and Decision and Order to-wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for two
(2) consecutive weeks prior to the said public hearing scheduled for October 15, 2002, before the
City Council, the first publication appearing and written notice having been mailed to property
owners or purchasers of record within three hundred feet (300') of the external boundaries of the
property under consideration more than fifteen (15) days prior to said hearing and with the notice
of public hearing having been posted upon the property under consideration more than one week
before said hearing and the copies of all notices were made available to newspaper, radio and
television stations as public service announcements; and the matter having been duly considered
by the City Council at the October 15, 2002, public hearing; and the applicant, affected property
owners, and government subdivisions providing services within the planning jurisdiction of the
City of Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code 967-6509, 6512, and Meridian City Code 99 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. This proposed development request is in an L-O zone and by reason of the
provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located at 50 W. Spicewood, at the northwest comer of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 2
Road and E. Spicewood Dr., y, mile north of Cherry Lane, Meridian, Idaho.
5. The owner of record of the subject property is International Church of the
Foursquare Gospel, 1910 W. Sunset Blvd., Suite 200, Los Angeles, California 90026-3247.
6. Applicant is Treasure Valley Worship Center, 50 W. Spicewood, Meridian, Idaho.
7. The subject property is currently zoned L-O. The zoning district of L-O is defined
within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit to place a
manufactured home on a permanent foundation. The L-O zoning designation within the City of
Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for
most uses including those requested by the Applicant. (Meridian City Zoning and Development
Ordinance, Section 11-8-1).
9. The Meridian City Council recognizes that the proposed application is
in compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and
all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps
and the Ordinance establishing the Impact Area Boundary.
12. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 3
services required by the proposed development will not impose expense upon the public if the
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of Meridian subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Specific Requirements
1. Submit a revised landscape plan to the Planning and Zoning Staff when submitting for a
Certificate of Zoning Compliance. The revised landscaping plan shall be in conformance
with the current Landscape Ordinance.
2. Sanitary sewer and water assessments will be evaluated during the remodel plan approval
process to determine if additional assessments are warranted.
3. Paint the manufactured home to match or compliment the existing church structure.
4. The manufactured home shall be installed in compliance with MCC 11-10-8 B.I-8.
5. All new landscaping shall be installed prior to the issuance of an occupancy permit for the
new structure.
General Comments
1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or
located within the parking lot, so that the light does not spill over onto adjacent properties
or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-
4C.
2. Provide signage in accordance with the standards set forth in Section 11-14 of the city
Zoning and Development Ordinance. All signage is subject to design review and shall
require separate permits. Temporary or portable signs shall be prohibited, and will be
removed upon three (3) days notice to the applicant.
3. Building and site improvement construction shall conform to the requirements of the
Americans with Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 4
4. A Certificate of Zoning Compliance shall be obtained prior to applying for a building
permit.
5. A building permit shall be obtained prior to the start of new construction.
6. Certificate of Occupancy: All required improvements must be complete prior to obtaining
a Certificate of Occupancy for the proposed development. A temporary Certificate of
Occupancy may be obtained by providing surety to the City in the form of a letter of
credit or cash in the amount of 110% of the cost of the required improvements (including
paving, striping, landscaping, and irrigation). A bid must accompany any request for
temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the
required improvements.
7. This Conditional Use Permit shall be valid for a maximum period of 18 months. If
construction has not begun within this timeframe, a new conditional use permit must be
obtained prior to the start of development.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
That pursuant to the requirement of subsection E, prior to November 1,2004, before the
Applicant begins construction of the permanent parking facilities as required, they shall meet the
Recommendations ofthe Ada County Highway District as follows:
1. The Applicant shall be required to dedicate 35 feet of right-of-way from the centerline of
Meridian Road abutting the portion of the parcel of the proposed parking lot by means of
a warranty deed. The right-of-way purchase and sale agreement and deed must be
completed and signed by the Applicant prior to the issuance of a building permit (or other
required permits), whichever occurs first. Allow up to 30 business days to process the
right-of-way dedication after receipt of all requested material. The owner will be paid the
fair market value or the right-of-way dedicated which is an addition to existing ACHD
right-of-way ifthe owner submits a letter of application to the impact fee administrator
prior to breaking ground, in accordance with ACHD Ordinance #195.
2. Construct a 30 foot wide curb cut driveway on Spicewood Drive (for the additional
parking lot site on the south side of Spicewood Drive) located approximately 70 feet west
of the east property line as proposed. This location meets District policy and shall be
approved with this application.
3. Pave the proposed driveway to its full-required width of30 feet as proposed on the site
plan and to a point 30 feet beyond the edge of pavement of Spicewood Drive.
4. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 5
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged 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.
4. Utility street cuts in pavement less than five year old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers) for
details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certify all improvement plans.
6. The Applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use, and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees is required prior to building construction in
accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the Applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no
cost to ACHD. The Applicant shall be required to call mGLINE (1-800-342-1585) 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 any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the Applicant of the Applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the Applicant to obtain written confirmation of any change from the Ada County
Highway District.
11. Any change by the Applicant in the planned use of the property which is the subject of
this application, shall require the Applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
Applicant or its successors in interest advises the Highway District of its intent to change
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 6
the planned use of the subject property unless a waiver/ variance of said requirements or
other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
C. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows:
1. All storm drainage must be retained on site. If any storm drainage leaves the site a Land
Use Change/ Site application will be required. However, if all storm drainage is retained
on site, this project will not impact the Nampa & Meridian Irrigation District.
D. Adopt the Recommendations of the Central District Health Department as follows:
1. It is recommended that storm water be pre-treated through a grassy swale prior to
discharge to the subsurface to prevent impact on groundwater and surface water quality.
The engineers and architects involved with the design of this project should obtain
current best management practices for storm water disposal and design a storm water
management system that prevents groundwater and surface water degradation. Manuals
that could be used for guidance are:
State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and
Counties.
Prepared by the Idaho Division of Environmental Quality, July 1997.
Storm water Best Management Practices Guidebook.
Prepared by City of Boise Public Works Department, May 2000.
E. Adopt the action of the Council taken at their October 15, 2002 meeting as follows:
1. Treasure V alley Worship Center shall provide temporary off-street parking facilities by
May 1, 2002 for their Sunday services; and it shall provide permanent parking facilities
within 24 months, November 1, 2004, of the issuance of this Conditional Use Permit,
Case No. CUP-02-023.
2. That Treasure Valley Worship Center shall paint the manufactured home to match the
other building on the property.
13. The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
13.1 The subj ect property is designated on the Generalized Land Use Map as
Public/Quasi-public".
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 7
14. It is found that the subject property is large enough to accommodate all ofthe
required development features; however, the submitted site plan will need to be modified to meet
required landscape buffers. The Meridian City Code requires a 20' wide landscape buffer
between the proposed manufactured home/church and the existing single family homes. The
submitted site plan currently shows only a 6.64 foot wide landscape buffer. In addition to
shifting the manufactured home to the south approximately 13.36 feetto provide the full 20 foot
landscape buffer, new landscaping in accordance with the Landscape Ordinance will need to be
added within the buffer. The existing parking lot provides more than adequate parking, per MCC
requirements, for the existing church and the manufactured home.
15. It is found that the Comprehensive Plan Land Use Map designates the property as
"Public/Quasi-public". It is also found that the expansion of the church use to be in compliance
with the Meridian Zoning Ordinance and the adopted Comprehensive Plan.
16. It is found that the proposed manufactured home will be compatible with other
uses in the general neighborhood and with the intended character of the general vicinity, which is
essentially a mix of commercial and residential uses.
17. It is not anticipated that the proposed manufactured home will have an adverse
affect on the other property in the vicinity if designed, constructed, operated and maintained in
accordance with any conditions of approval and city ordinances (with some variances).
18. It is found that the proposed development will be adequately served by the
essential public facilities and services listed above.
19. It is found that the proposed use would not create additional requirements at
public cost for public facilities and service and will not be detrimental to the economic welfare of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 8
the community.
20. It is not anticipated that the proposed use will be detrimental to the general
welfare of the community by means of increased traffic, noise, smoke fumes, glare or odors
generated by the uses.
21. It is found that the proposed use will not create significant interference with any
traffic on the surrounding public streets.
22. It is found that no natural or scenic feature will be lost, damaged or destroyed by
issuance of this conditional use.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (LC. 967-6503).
2. The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council of the City of Meridian has established by the passage of the "City of Meridian Zoning
and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3. As part ofa zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 9
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the fmding that the following standards are met and that the
proposed development: (Meridian City Code 9 11-17-3)
a. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by this Ordinance;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance;
c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential character of the same area;
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
e. That the proposed use will be served adequately by essential public facilities and
service such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment ofthe proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfare of the community;
g. That the proposed use will not involve activities or processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
i. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
5. Prior to granting a conditional use permit in the Limited Office District (L-O), a
public hearing shall be conducted with notice to be published and provided to property owners or
purchasers of record within three hundred feet (300') of the external boundaries of the land under
consideration for the conditional use permit all in accordance with the provisions of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 10
City Code 9 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as
follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearing
which shall be held before the Planning and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a public hearing and the Council may approve, deny, ormodify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 9
11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 11
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area
and the Comprehensive Plan of the City of Meridian, which was adopted December
21, 1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF
FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this
does Order that:
1. That the above named applicant is granted a conditional use permit to place a
manufactured home on a permanent foundation in an L-O zone located at 50 W. Spicewood, at
the northwest comer of Meridian Road and E. Spicewood Dr., y, mile north of Cherry Lane,
Meridian, Idaho, subject to the following conditions of use and development:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Specific Requirements
1. Submit a revised landscape plan to the Planning and Zoning Staff when submitting for a
Certificate of Zoning Compliance. The revised landscaping plan shall be in conformance
with the current Landscape Ordinance.
2. Sanitary sewer and water assessments will be evaluated during the remodel plan approval
process to determine if additional assessments are warranted.
3. Paint the manufactured home to match or compliment the existing church structure.
4. The manufactured home shall be installed in compliance with MCC 11-10-8 B.1-8.
5. All new landscaping shall be installed prior to the issuance of an occupancy permit for the
new structure.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDffiONAL USE PERMIT - 12
General Comments
1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or
located within the parking lot, so that the light does not spill over onto adjacent properties
or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-
4C.
2. Provide signage in accordance with the standards set forth in Section 11-14 of the city
Zoning and Development Ordinance. All signage is subject to design review and shall
require separate permits. Temporary or portable signs shall be prohibited, and will be
removed upon three (3) days notice to the applicant.
3. Building and site improvement construction shall conform to the requirements of the
Americans with Disabilities Act.
4. A Certificate of Zoning Compliance shall be obtained prior to applying for a building
permit.
5. A building permit shall be obtained prior to the start of new construction.
6. Certificate of Occupancy: All required improvements must be complete prior to obtaining
a Certificate of Occupancy for the proposed development. A temporary Certificate of
Occupancy may be obtained by providing surety to the City in the form of a letter of
credit or cash in the amount of 110% ofthe cost of the required improvements (including
paving, striping, landscaping, and irrigation). A bid must accompany any request for
temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the
required improvements.
7. This Conditional Use Permit shall be valid for a maximum period of 18 months. If
construction has not begun within this timeframe, a new conditional use permit must be
obtained prior to the start of development.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
That pursuant to the requirement of subsection E, prior to November 1,2004, before the
Applicant begins construction of the permanent parking facilities as required, they shall meet the
Recommendations of the Ada County Highway District as follows:
1. The Applicant shall be required to dedicate 35 feet of right-of-way from the centerline of
Meridian Road abutting the portion of the parcel of the proposed parking lot by means of
a warranty deed. The right-of-way purchase and sale agreement and deed must be
completed and signed by the Applicant prior to the issuance of a building permit (or other
required permits), whichever occurs first. Allow up to 30 business days to process the
right-of-way dedication after receipt of all requested material. The owner will be paid the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 13
fair market value or the right-of-way dedicated which is an addition to existing ACHD
right-of-way if the owner submits a letter of application to the impact fee administrator
prior to breaking ground, in accordance with ACHD Ordinance #195.
2. Construct a 30 foot wide curb cut driveway on Spicewood Drive (for the additional
parking lot site on the south side of Spicewood Drive) located approximately 70 feet west
of the east property line as proposed. This location meets District policy and shall be
approved with this application.
3. Pave the proposed driveway to its full-required width of30 feet as proposed on the site
plan and to a point 30 feet beyond the edge of pavement of Spice wood Drive.
4. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged 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.
4. Utility street cuts in pavement less than five year old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers) for
details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certify all improvement plans.
6. The Applicant shall submit revised plans for staff approval, prior to issuance ofbuilding
permit (or other required permits), which incorporates any required design changes.
7. Construction, use, and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees is required prior to building construction in
accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 14
9. It is the responsibility of the Applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no
cost to ACHD. The Applicant shall be required to call mGLINE (1-800-342-1585) 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 any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the Applicant of the Applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the Applicant to obtain written confirmation of any change from the Ada County
Highway District.
11. Any change by the Applicant in the planned use of the property which is the subject of
this application, shall require the Applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
Applicant or its successors in interest advises the Highway District of its intent to change
the planned use ofthe subject property unless a waiver/ variance of said requirements or
other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. All storm drainage must be retained on site. If any storm drainage leaves the site a Land
Use Change/ Site application will be required. However, if all storm drainage is retained
on site, this project will not impact the Nampa & Meridian Irrigation District.
D. Adopt the Recommendations of the Central District Health Department as follows:
1. It is recommended that storm water be pre-treated through a grassy swale prior to
discharge to the subsurface to prevent impact on groundwater and surface water quality.
The engineers and architects involved with the design of this project should obtain
current best management practices for storm water disposal and design a storm water
management system that prevents groundwater and surface water degradation. Manuals
that could be used for guidance are:
State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and
Counties.
Prepared by the Idaho Division of Environmental Quality, July 1997.
Stormwater Best Management Practices Guidebook.
Prepared by City of Boise Public Works Department, May 2000.
E. Adopt the action of the Council taken at their October 15, 2002 meeting as follows:
1. Treasure Valley Worship Center shall provide temporary off-street parking facilities by
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 15
May 1, 2002 for their Sunday services; and it shall provide permanent parking facilities
within 24 months, November 1, 2004, of the issuance of this Conditional Use Permit,
Case No. CUP-02-023.
2. That Treasure Valley Worship Center shall paint the manufactured home to match the
other building on the property.
2. The conditions shall be reviewable by the Council pursuant to Meridian
City Code 911-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
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 and Zoning Department, the Public
Works Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body ofthe City of Meridian,
pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real
property which may be adversely affected by the issuance or denial ofthe conditional use permit
approval 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.
By action of the City Council at its regular meeting held on the f.t, -I::h... day of
"Y\,o\!~ , 2002.
ROLL CALL:
COUNCILMAN KEITH BIRD
VOTED+
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 16
COUNCILWOMAN TAMMY deWEERD
VOTED~
COUNCILWOMAN CHERIE McCANDLESS
VOTED~
COUNCILMAN WILLIAM L.M. NARY
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 11- 6 -tJ 2-
VOTED
MOTION: ~
APPROVED:
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
BY~":- ~ ~ I' 9-
Ity Clerk
Dated:
z:\ Work\M\Meridian\Meridian 15360M\Treasure Valley Worship Cntr CUP02-G23\FfClsCUP02..o23.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 17
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 10/15/02
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT TO PLACE A CLASS )
A MANUFACTURED HOME ON A )
PERMANENT FOUNDATION IN )
AN L-O ZONE, LOCATED AT 50 W. )
SPICEWOOD, AT THE )
NORTHWEST CORNER OF )
MERIDIAN ROAD AND E. )
SPICEWOOD DR., Yz MILE NORTH )
OF CHERRY LANE, MERIDIAN, )
IDAHO )
)
TREASURE VALLEY WORSHIP )
CENTER, )
)
APPLICANT )
)
Case No. CUP-02-023
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on the 15th day of October, 2002,
under the provisions of Meridian City Code 9 11-17-4 for fmal action on conditional use permit
application and the Council having received and approving the Recommendation ofthe Planning
and Zoning Commission the Council takes the following action:
2. That the above named applicant is granted a conditional use permit to place a
manufactured home on a permanent foundation in an L-O zone located at 50 W. Spicewood,
Meridian, Idaho, subject to the following conditions of use and development:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
ORDER CONDITIONAL USE PERMIT
CUP-02-023
-1
Site Specific ReQuirements
1. Submit a revised landscape plan to the Planning and Zoning Staff when submitting for a
Certificate of Zoning Compliance. The revised landscaping plan shall be in conformance
with the current Landscape Ordinance.
2. Sanitary sewer and water assessments will be evaluated during the remodel plan approval
process to determine if additional assessments are warranted.
3. Paint the manufactured home to match or compliment the existing church structure.
4. The manufactured home shall be installed in compliance with MCC 11-10-8 B.1-8.
5. All new landscaping shall be installed prior to the issuance of an occupancy permit for the
new structure.
General Comments
1. Down-shield or otherwise alter all exterior lighting, whether attached to the building or
located within the parking lot, so that the light does not spill over onto adjacent properties
or rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-
4C.
2. Provide signage in accordance with the standards set forth in Section 11-14 of the city
Zoning and Development Ordinance. All signage is subject to design review and shall
require separate permits. Temporary or portable signs shall be prohibited, and will be
removed upon three (3) days notice to the applicant.
3. Building and site improvement construction shall conform to the requirements ofthe
Americans with Disabilities Act.
4. A Certificate of Zoning Compliance shall be obtained prior to applying for a building
permit.
5. A building permit shall be obtained prior to the start of new construction.
6. Certificate of Occupancy: All required improvements must be complete prior to obtaining
a Certificate of Occupancy for the proposed development. A temporary Certificate of
Occupancy may be obtained by providing surety to the City in the form of a letter of
credit or cash in the amount of 110% of the cost of the required improvements (including
paving, striping, landscaping, and irrigation). A bid must accompany any request for
temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the
required improvements.
ORDER CONDITIONAL USE PERMIT
CUP-02-023
-2
7. This Conditional Use Permit shall be valid for a maximum period of 18 months. If
construction has not begun within this timeframe, a new conditional use permit must be
obtained prior to the start of development.
B. Adopt the Recommendations of the ACHD as follows:
Site Specific Conditions of Approval
That pursuant to the requirement of subsection E, prior to November 1, 2004, before the
Applicant begins construction of the permanent parking facilities as required, they shall meet the
Recommendations of the Ada County Highway District as follows:
1. The Applicant shall be required to dedicate 35 feet of right-of-way from the centerline of
Meridian Road abutting the portion of the parcel of the proposed parking lot by means of
a warranty deed. The right-of-way purchase and sale agreement and deed must be
completed and signed by the Applicant prior to the issuance of a building permit (or other
required permits), whichever occurs first. Allow up to 30 business days to process the
right-of-way dedication after receipt of all requested material. The owner will be paid the
fair market value or the right-of-way dedicated which is an addition to existing ACHD
right-of-way if the owner submits a letter of application to the impact fee administrator
prior to breaking ground, in accordance with ACHD Ordinance #195.
2. Construct a 30 foot wide curb cut driveway on Spicewood Drive (for the additional
parking lot site on the south side of Spice wood Drive) located approximately 70 feet west
of the east property line as proposed. This location meets District policy and shall be
approved with this application.
3. Pave the proposed driveway to its full-required width of 30 feet as proposed on the site
plan and to a point 30 feet beyond the edge of pavement of Spicewood Drive.
4. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged 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.
ORDER CONDITIONAL USE PERMIT
CUP-02-023
-3
4. Utility street cuts in pavement less than five year old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers) for
details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certify all improvement plans.
6. The Applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7. Construction, use, and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8. Payment of applicable road impact fees is required prior to building construction in
accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the Applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no
cost to ACHD. The Applicant shall be required to call mGLINE (1-800-342-1585) 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 any phase of construction.
10. No change in the terms and conditions ofthis approval shall be valid unless they are in
writing and signed by the Applicant of the Applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the Applicant to obtain written confirmation of any change from the Ada County
Highway District.
11. Any change by the Applicant in the planned use of the property which is the subject of
this application, shall require the Applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
Applicant or its successors in interest advises the Highway District of its intent to change
the planned use of the subject property unless a waiver/ variance of said requirements or
other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
C. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows:
1. All storm drainage must be retained on site. If any storm drainage leaves the site a Land
Use Change/ Site application will be required. However, if all storm drainage is retained
ORDER CONDITIONAL USE PERMIT - 4
CUP-02-023
on site, this project will not impact the Nampa & Meridian Irrigation District.
D. Adopt the Recommendations of the Central District Health Department as follows:
1. It is recommended that storm water be pre-treated through a grassy swale prior to
discharge to the subsurface to prevent impact on groundwater and surface water quality.
The engineers and architects involved with the design of this project should obtain
current best management practices for storm water disposal and design a storm water
management system that prevents groundwater and surface water degradation. Manuals
that could be used for guidance are:
State of Idaho Catalog of Stormwater Best Management Practices for Idaho Cities and
Counties.
Prepared by the Idaho Division of Environmental Quality, July 1997.
Stormwater Best Management Practices Guidebook.
Prepared by City of Boise Public Works Department, May 2000.
E. Adopt the action of the Council taken at their October 15,2002 meeting as follows:
1. Treasure V alley Worship Center shall provide temporary off-street parking facilities by
May 1, 2002 for their Sunday services; and it shall provide permanent parking facilities
within 24 months, November 1,2004, of the issuance ofthis Conditional Use Permit,
Case No. CUP-02-023.
2. That Treasure Valley Worship Center shall paint the manufactured home to match the
other building on the property.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of Meridian City Code 911-17-8, a copy of which is attached to
this permit.
By action of the City Council at its regular meeting held on the
lIove-"'-/~
64..-
day of
,2002.
ORDER CONDITIONAL USE PERMIT
CUP-02-023
-5
~
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
BY~~~/~
ity Clerk
Dated:
..\\\1111111/11/,
",,\~~ OF MCF/;;::'f///
.....' ~, Vi .t....
~'CJ om'O~ "11- 'i'i
~ ,..0 ~ -;.
;0" 0::
1/-11-'(}~~ ~
Z:\Work\M\Meridisn\Mendian 15360M\Trea.sure Valley Worship Cntr CUP02-023\OrderCUP02-023.doc
ORDER CONDITIONAL USE PERMIT
CUP-02-023
-6