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HomeMy WebLinkAboutZ - Approved Findings CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAWC��(IEFI AND DECISION& ORDER In the Matter of the Request for Modification to the Existing Development Agreement(Inst.#2016- 086864—Ashley Manor)for a New Agreement Applying Only to the Subject Property to Update the Development Plan and Change the Approved Use of the Property from Office to a Church,by Virgin Mary and St.Mark Coptic Orthodox Church. Case No(s).H-2025-0015 For the City Council Hearing Date of: July 8,2025 (Findings on July 22,2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of July 8, 2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of July 8,2025, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 8, 2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 8,2025,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 as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 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 Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VIRGIN MARY AND ST.MARK COPTIC ORTHODOX CHURCH-MDA H-2025-0015 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 8,2025,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 § 11-5A 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 a modification to the existing development agreement is hereby approved per the provisions in the Staff Report for the hearing date of July 8,2025, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted,including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of July 8, 2025 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VIRGIN MARY AND ST.MARK COPTIC ORTHODOX CHURCH-MDA H-2025-0015 -2- By action of the City Council at its regular meeting held on the 22nd day of July , 2025. COUNCIL PRESIDENT LUKE CAVENER VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 7-22-2025 Attest: Chris Johnson 7-22-2025 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. 7-22-2025 By: Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VIRGIN MARY AND ST.MARK COPTIC ORTHODOX CHURCH-MDA H-2025-0015 -3- EXHIBIT A COMMUNITY DEVELOPMENT DEPARTMENT REPORT �✓ �r HEARING July 8, 2025 Legend DATE: 0 C: Project Location ; City Limits TO: Mayor& City Council :.:Area of Impact 0 Analysis FROM: Sonya Allen,Associate Planner ---- 208-884-5533 sallen@meridiancity.org APPLICANT: Nader Rafla 4T 7 _ l SUBJECT: H-2025-0015 Virgin Mary and St. Mark Coptic Orthodox Church—MDA LOCATION: 4383 N. Locust Grove Rd.,in the �� northeast 1/4 of Section 31,TAN.,R.IE. ,IT' j (Parcels R1608650276 and ��� i . R1608650278) I. PROJECT OVERVIEW A. Summary Modification to the existing development agreement(Inst. #2016-086864) for a new agreement applying only to the subject property to update the development plan and change the approved use of the property from office to a church. B. Issues/Waivers The Applicant requests City Council approval of a reduced buffer width from 25 feet to 5 feet along the northern property boundary adjacent to the existing residential use. Staff recommends the Applicant submit and obtain Director approval of Alternative Compliance applications for an alternative off-street parking plan as set forth in UDC 11-3C-7F in order to comply with the off-street parking standards listed in UDC 11-3C-6; and a reduced street buffer width along N. Locust Grove Rd.prior to City Council approval of the signed DA. This will ensure the DA isn't amended for a development plan that isn't approved for development. If one or both of these applications is denied by the Director,revisions to the site plan shall be made to comply with the minimum standards for such in UDC 11-3C-6 and/or UDC Table 11-2B-3, as applicable. Staff also recommends the Applicant submit an updated shared use parking agreement and/or hours of operation for the church that don't conflict with the standard operating hours for both uses, including the Holy holidays(i.e. Feasts),for inclusion in the new DA. Note:Because the Applicant has a deadline to obtain Council approval of the proposed MDA in a purchase agreement for this property in the near future, Staff is recommending the Council act on this application at the upcoming hearing rather than continuing it to a subsequent meeting to resolve the above-noted issues. City of Meridian I Department Report 1. Project Overview C. Recommendation Staff: Approval D. Decision City Council: Approval per Staff s recommendation II. COMMUNITY METRICS Table 1•Land Use Description Details Map Ref. Existing Land Use(s) Vacant/undeveloped - Proposed Land Uses) Church - Existing Zoning 'p L-O(Limited Office) VI.A.2 Proposed Zoning NA Adopted FLUM Designation MU-N(Mixed Use—Neighborhood)(0.4 acres)&MDR VI.A.3 (Medium Density Residential)(0.14 acres) Proposed FLUM Designation MU-R Table 2: Process Facts Description Details Preapplication Meeting date 1/28/2025 Neighborhood Meeting 4/21/2025 Site posting date 6/21/2025 Note: See City/Agency Comments and Conditions Section and public record for all department/agency comments received. Copy this link into a separate browser: https://weblink.meridiancily.orglWebLinkIBrowse.aspx?id=393924&dbid=O&repo=MeridianCitX). Table 3: Project Overview Description Details History Ashley Manor(Ord.#16-1706;DA Inst.#2016-086864;ROS#10604 Physical Features Parkins-Nourse Lateral runs along east boundary of site along N.Locust Grove Rd.—most of the ditch is piped with a short 20'+/-section that is open at the north end. Acreage 0.55 acres III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The subject application encompasses two(2)parcels of land fronting on both N. Locust Grove Rd., an arterial street,and N. Bright Angel Ave.,a local street,which are governed by a Development Agreement(DA)approved with annexation of the property in 2016. The DA includes a portion of the abutting property to the south that was originally part of the subject property. The Parkins-Nourse Lateral runs along the eastern boundary of the site; a small section approximately 20 feet long is currently open at the north end and the remainder is piped. If development is approved,the open section is required to be piped. The conceptual development plan included in the existing DA, shown below in Section VI.B, anticipated the existing house on the northern portion of the property either being remodeled for an office use and remaining or being removed and a new office building constructed in its place. City of Meridian I Department Report II. Community Metrics The southern portion of the property was anticipated to develop with a new office building or the existing office on the adjacent parcel to the south would be expanded onto the subject property. Since that time,the residential home has been removed from the site and wasn't replaced with a new building. Existing provisions included in the DA are as follows: 1. Direct lot access to N. Locust Grove Road, an arterial street,is prohibited in accord with UDC 11-3A-3. 2. Sidewalk shall be installed along N. Locust Grove Road where it doesn't currently exist and along N. Bright Angel Avenue in accord with the standards listed in UDC 11-3A-17. The sidewalk along Locust Grove shall go around the existing irrigation vault to provide continuous pedestrian access. 3. Future development of this site shall be generally consistent with the conceptual site plan and building elevations depicted in Exhibit A and the conditions noted in the staff report. 4. The site plan submitted with the Certificate of Zoning Compliance application for this site shall take into consideration the ultimate right-of-way for N. Locust Grove Road per the Master Street Map in regard to sidewalk, street buffer and building locations. 5. Mitigation is required for any existing trees 4-inch caliper or greater that are removed from the site in accord with the standards listed in UDC 11-313-1OC. Contact Elroy Huff, City Arborist,prior to removal of any trees from the site to confirm mitigation requirements. 6. Future development of this site is required to comply with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual. 7. The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application prior to submittal of a building permit application(s). 8. Hours of operation in the L-O district are limited to the hours between 6:00 am and 10:00 pm as set forth in UDC 11-2B-3A.4. 9. The residential use of the subject property shall cease upon annexation ordinance approval. 10. If the existing structure is to be retained on the site,the applicant shall be required to cease using any other existing water source or method of disposing of sewage and connect to City water and sewer service within sixty(60) days of approval of the annexation ordinance per MCC 9-1-4 and MCC 9-4-8. B. Development Agreement Modification A new DA is proposed,which would only apply to the subject property and change the development plan approved for the site from office to a church use. A conceptual development plan and building elevations were submitted, included below in Section VI.C,that depicts a 9,930 square foot 2-story building with a main level approximately 4' above ground level and a lower- level daylight basement;the elevations will include windows at the lower level that aren't currently shown. The Applicant states the building will be equipped with fire sprinklers. For this reason and because of the proximity of Bright Angel Ave. and Locust Grove Rd. to the proposed building,internal fire access within the site is not required;however, a Fire Department connection for the building needs to be provided on the street access side and within 100' of a fire hydrant. City of Meridian I Department Report III. Staff Analysis A total of 11 off-street vehicle parking spaces are depicted on the conceptual development plan on the subject property.Access for the site is proposed via N. Bright Angel Ave.with no access via N. Locust Grove Rd. The Applicant states the allowed occupancy for the building is 160. The Applicant proposes an alternative off-street parking plan for shared parking agreement with a nearby daycare facility(Brighter Beginnings Learning Center)located at 1463 E. Star Rd. to use up to 15 of their parking spaces on Saturdays(church's overflow needs most likely between 9:00 am and 1:00 pm), Sundays and Holy holidays when the owner's parking needs are expected to be less—additional spaces require approval. The normal business hours of operation for the daycare are currently Monday through Friday from 6:30 am to 6:00 pm but could expand to Saturdays in the future. The proposed operational hours of the church are as follows: Standard Operational Hours* Saturdays: From 9:00 am—1:00 pm : Liturgy and Sunday school From 6:00 pm—7:00 pm :Vespers prayers From 7:00 pm—9:00 pm : Mid night praises Sunday: From 9:00 am—2:00 pm :Liturgy and Sunday school Feasts Schedule of Operation: Friday before passion week:9:00am—3:00pm The passion week: Saturday:9:00am—2:00pm : Liturgy and Sunday School 6:00pm—9:00pm :Vespers and Midnight Praises Sunday:9:00am—2:00pm : Palm Sunday 6:00pm—9:00 pm : Night passion week prayers Saturday: 12:00am—6:30am :Apocalypse Prayers and Divine Liturgy 5:00pm—10:00pm: Feast of the resurrection liturgy Sunday: 10:00 am—2:00pm :Sunday School and Feast Celebration Gathering Nativity Feast: January 6`h: 5:00 pm—9:00 pm : Nativity Feast Divine Liturgy January 7th: 10:00 am—2:00pm :Sunday School and Feast Celebration Gathering Feast of the Baptism of Our Lord Jesus Christ Variable day in January based on the Coptic Calendar 5:00 pm—9:00 pm : Feast Divine Liturgy C. Staffs Analysis The proposed church use is listed as a principal permitted use in the L-O(Limited Office)zoning district per UDC Table 11-2B-2, subject to the specific use standards listed in UDC 11-4-3-6— Church or Place of Religious Worship, as follows: "Schools, child daycare services, meeting facilities for clubs and organizations, and other similar uses not operated primarily for the City of Meridian I Department Report III. Staff Analysis purpose of religious instruction, worship, government of the church, or the fellowship of its congregation may be permitted to the extent the activity is otherwise permitted in the district." A corridor improvement project,which includes widening N. Locust Grove Rd. along the east boundary of the site,is included in the Capital Investment Program for design year 2028-2029. Additional right-of-way(ROW) is required to be dedicated with development to total 50 feet from centerline of Locust Grove Rd. as required by ACHD for the ultimate expansion of the road to 5-lanes. A typical street section required by ACHD for such roadway is shown below: 4 � N Y C G s+' ,�] v 2 C 3 a N C Y W 3a a U0 Uo 5-Lane Minor Arterial Street Section w1 Multi-Use Path S9/99 2 10 8 2 1 11 1 11 1 11 1 11 1 11 2 8 10 2 Right of Way at Private and Public intersections shall adjust to the setbacks required within the Multi-Use Pathway Toolkit Right of Way at driveways shall adjust to the setbacks required within the Multi-Use Pathway Toolkit Additional ROW is required to be dedicated with development along Bright Angel Ave. for a 3- lane commercial roadway to total 27 feet from centerline.A typical street section required by ACHD for such roadway is shown below: _ �1? 2-Lane Commercial w/Parking 36/50 2 5 .5 7.5 10 l a 7.5 (parking} (Parkin 3-Lane Commercial 40/54 2 5 .5 - 13 13 13 - .5 5 2 A 25-foot wide street buffer is required to be provided along Locust Grove Rd.,measured from the ultimate back of curb location,with landscaping in accord with the standards listed in UDC 11-313-7C. The proposed concept plan depicts a reduced buffer width of 12'6",which requires submittal of an alternative compliance application and demonstration that a unique hardship caused by the required street buffer exists; the request needs to also include a proposal of a specific alternative landscape plan that meets or exceeds the intent of the required buffer—in no case shall the width be reduced to less than 10% of the depth of the lot(after ROW dedication).A reduction to the buffer width shall not affect building setbacks—all structures shall be set back from the property line a minimum of the buffer width required in the district. Such application/request has not been submitted or approved by the Director and would need to be in order for the proposed development plan to be viable.This application should be submitted and approved prior to City Council approval of the signed DA if the subject MDA application is approved. A minimum 20-foot wide buffer to residential uses is required to be provided along the northern property boundary per UDC Table 11-213-3 with landscaping per the standards listed in UDC 11-313-9C.The Applicant requests a reduced buffer width of 5 feet along this boundary with no reductions to the building setback.The UDC(11-313-9C.2) states,"The width of the buffer is determined by the district in which the property is located, unless such width is otherwise modified by City Council at a public hearing with notice to surrounding property owners. The tables of dimensional standards for each district in accord with Chapter 2, "District Regulations"; of this Title establish the minimum buffer size.A reduction to the buffer width shall not affect building setbacks; all structures shall be set back from the property line a City of Meridian I Department Report III. Staff Analysis minimum of the buffer width required in the applicable zoning district." Staff recommends the Applicant obtain a letter from the residential property owner stating they're in agreement with the reduced buffer width proposed prior to the Council hearing(if they are in agreement). The Council should determine if the request is appropriate. Based on the square footage of the building, a minimum of 20 off-street vehicle parking spaces and one(1)bicycle parking space are required to be provided for non-residential uses in commercial districts per UDC 11-3C-6B.1. With the proposed development plan,only 11 off- street parking space are provided on the site; an additional 15 spaces are proposed to be provided off-site through a shared use parking agreement,which will provide a total of 26 off-street parking spaces for the site. There are conflicts that exist between the standard hours of operation of the daycare and the proposed church on Saturday evenings between 6:00 pm and 9:00 pm and during certain days/times on Holy holidays(i.e. Feasts). Staff recommends the Applicant submit an updated shared use parking agreement and/or hours of operation for the church that don't conflict with the standard operating hours for both uses,including those for Holy holidays(i.e.Feasts). This should be submitted prior to City Council approval of the signed DA if the proposed MDA application is approved,and included as an exhibit in the DA. Per UDC 11-3C-7A, conditions favorable to providing alternatives to off-street parking are as follows: (Staffs analysis is in italics) 1. There are convenient pedestrian connections between separate properties; Sidewalks along streets provide a pedestrian connection between the two properties. 2. The properties and/or uses are within one thousand(1,000)feet of each other; The properties are within approximately 600 feet of each other. 3. The principal operating hours of the uses are not in substantial conflict with one another; and The proposed hours for the church and the existing daycare facility hours of operation are listed above. The hours of operation between the two uses conflict on the Friday before passion week from 9:00 am to 3:00 pm, on Saturday during passion week from 1:00 to 2:00 pm,January 6`" (Tuesday)from 5:00 to 6:00 pm,January 7t4 (Wednesday) from 10:00 am to 2:00 pm, and possibly on the variable day in January based on the Coptic Calendar. The parking agreement doesn't state parking can be utilized on Saturday evenings from 6:00 to 9:00 pm—because the daycare isn't currently open on Saturdays, these hours can probably be included.Because the minimum on-site parking standards are not being met,Staff sees this as a significant conflict during these times. For this reason,Staff recommends the Applicant submit an updated shared use parking agreement and/or hours of operation for the church that don't conflict with the standard operating hours for both uses, including the Holy holidays (i.e. Feasts),for inclusion in the new DA. If the daycare facility decides to operate on Saturdays in the future, shared parking would not be available during the standard operating hours between 9:00 am and 1:00 pm for liturgy and Sunday school or during Passion Week between 9:00 and 2:00 pm and from 5:00 pm to 6:00 pm during the feast of the resurrection liturgy. This would present a significant conflict if this happens, which would require an alternative shared parking agreement. Note: The Applicant states that Passion Week is a week that lies between April and early May—the date varies based on the Coptic calendar. The only event that will be outside that week will be Good Friday, which is a working day for the congregation—attendance City of Meridian I Department Report III. Staff Analysis is usually very limited and should be able to be accommodated on-site with possibly a couple of overflow spaces on the street. 4. Directional signs provide notice of the availability of parking. Signs will need to be provided if this application is approved. Per UDC 11-3C-7B,the shared use agreement must comply with the following standards: (Staff's analysis is in italics) 1. All parties involved with the shared use parking area shall submit a written agreement to the director, signed by the applicable parties involved. The agreement shall specify the following: a. Party or parties responsible for construction; and This is not applicable as the parking lot has already been constructed. b. Party or parties responsible for maintenance. The proposed agreement does not include information on who is responsible for maintenance of the surface of the existing parking area other than that the User is responsible for keeping the area clean.If approved, the agreement should be revised to include this information. 2. The applicant or owner shall record such agreement with the Ada County Recorder prior to issuance of any permits. If this application is approved, a revised agreement that includes all information specified herein will need to be recorded. 3. The shared use parking agreement may be terminated by the parties only if off street parking is provided in conformance with this article and approved by the director prior to the termination. The proposed agreement states that the agreement could continue indefinitely or until either party ends it. Prior to termination of the agreement, the church will provide street parking in accord with 11-3C-7 to be approved by the City—this should be amended to specify street parking. Note:Parking concerns were raised by Staff during the pre-application and conveyed to the Applicant. Staff suggested the Applicant work with the abutting property owner to the south to enter into a shared parking agreement or purchase additional land to enlarge the site. The Applicant states neither of these options is feasible. Although the proposed use will comply with the minimum off-street parking standards through the shared use parking agreement if it or the hours of operation of the church are amended so that no conflicts exist and if it's approved by the Director,additional parking may be needed for an occupancy of 160 people,which will overflow off-site along streets within the residential neighborhood. If Council determines the proposed MDA is appropriate, Staff recommends most of the existing DA provisions, as still applicable,be carried over to the new DA along with new provisions as discussed above and noted below in Section IV. IV. CITY/AGENCY COMMENTS& CONDITIONS Staff recommends the Applicant submit and obtain Director approval of Alternative Compliance applications for an alternative off-street parking plan as set forth in UDC 11-3C-7F City of Meridian I Department Report IV. City/Agency Comments &Conditions in order to comply with the off-street parking standards listed in UDC 11-3C-6; and a reduced street buffer width along N.Locust Grove Rd.prior to City Council approval of the signed DA. This will ensure the DA isn't amended for a development plan that isn't approved for development.If one or both of these applications is denied by the Director,revisions to the site plan shall be made to comply with the minimum standards for such in UDC 11-3C-6 and/or UDC Table 11-2B-3, as applicable. Additionally, Staff recommends the Applicant submit an updated shared use parking agreement and/or hours of operation for the church that don't conflict with the standard operating hours for both uses,including the Holy holidays (i.e.Feasts),for inclusion in the new DA. A. Planning Division The new DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the modification. The DA shall,at a minimum, incorporate the following provisions: 1. Direct lot access to N. Locust Grove Road, an arterial street,is prohibited in accord with UDC 11-3A-3. 2. Sidewalk shall be installed along N. Locust Grove Road where it doesn't currently exist in the location and width to match the existing sidewalk in accord with the standards listed in UDC 11-3A-17 and as required by ACHD. The sidewalk shall go around the existing irrigation vault to provide continuous pedestrian access. 3. Additional right-of-way shall be dedicated to ACHD to widen N. Bright Angel Ave. and N. Locust Grove Rd. as required by ACHD. The pavement for N. Bright Angel Ave. shall be widened and curb, gutter and sidewalk shall be constructed with development of the site as required by ACHD. 4. All existing open waterways on the site shall be piped as set forth in UDC 11-3A-6B. 5. Future development of this site shall be generally consistent with the conceptual site plan and building elevations depicted in Section VII.D and the provisions included herein. 6. Compliance with the specific use standards listed in UDC 11-4-3-6—Church or place of religious worship is required. 7. The site plan submitted with the Certificate of Zoning Compliance application for this site shall take into consideration the ultimate right-of-way for N. Locust Grove Road per the Master Street Map in regard to sidewalk, street buffer and building locations. 8. Mitigation is required for any existing trees 4-inch caliper or greater that are removed from the site in accord with the standards listed in UDC 11-3B-IOC. Contact the City Arborist prior to removal of any trees from the site to confirm mitigation requirements. 9. Future development of this site is required to comply with the design standards listed in UDC I I-3A-19 and the Architectural Standards Manual. 10. The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Administrative Design Review application prior to submittal of a building permit application(s). 11. The church shall operate in accord with the hours specified herein in accord with the shared use parking agreement and shall not extend beyond the hours of 6:00 am to 10:00 pm as set forth in UDC 11-2B-3B for the L-O zoning district. City of Meridian I Department Report IV. City/Agency Comments &Conditions 12. Compliance with the shared use agreement for parking included in Section VLE shall be required. 13. Directional signs shall be installed on the site as notice of the availability of off-site parking in accord with UDC 11-3A-7A.1d. 14. City Council granted the Applicant's request for a reduced buffer to residential uses along the northern boundary of the site from 20 feet to 5 feet as allowed by UDC 11-3B-9C.2. The reduced buffer width shall not affect building setbacks; all structures shall be set back from the property line a minimum of the buffer width required in the applicable zoning district. Other Agency comments may be accessed in the project file in the public record. Copy and paste the following link into your browser: https:llweblink.meridiancily.org WWebLink/Browse.aspx?id=393924&dbid=0&repo=MeridiapCity V. ACTION A. Staff: Staff recommends approval of the requested Development Agreement Modification that includes the above provisions in Section IV. B. City Council: The Meridian City Council heard these items on July 8,2025. At the public hearing,the Council moved to approve the subject MDA request contingent upon the Director's approval of the two 21 forthcoming alternative compliance applications, as noted. 1. Summary of the City Council public hearing: a. In favor: Kerrelos Youseff b. In opposition:None C. Commenting: Tom Rawlins.Parkins-Nourse ditchrider d. Written testimony:None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. There is only a certain time of the year that the Parkins-Nourse lateral would be able to piped(i.e. during the off-irrigation seasonl. 3. Key issue(s)of discussion by City Council: a. If the purchase of the property to the north goes through it would allow for additional parking to be for the proposed use but it's not required. b. In support of the faith community and the proposed church. 4. City Council change(s)to Commission recommendation. a. Council granted the request for a reduced buffer width to the residential uses to the north from 20' to 5'. b. At the request of Staff.Council included a modification to DA provision#11 to restrict the business hours of operation of the church to the hours between 6:00 and 10:00 pm as set forth in UDC 11-2B-3B for the L-O zoning district. C. Council approved the MDA request as recommended by Staff contingent upon the Director's approval of forthcoming alternative compliance applications for a reduced street buffer along Locust Grove Rd. and an alternative off-street parking plan(i.e shared use parking agreementl. City of Meridian I Department Report V. 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Approved Conceptual Development Plan&Building Elevations Included in Existing Development Agreement ONYm'xnma 3n -r-..d§*w 'iAV-UN)n"Dwiff"IWNHiM r g74�I Wg,.WftM—W- ie a tV �hy }}'-'��A nT}V��'lf4NY��'ylyki` �9y8yyA/h/'�'i�Yyy7,,i CI�F)L)5[�!l7f?7'N :�ti19°,M,-g9 P-M"ft + 1—YSSU ONIMU I UJI3.1V HONV A AZI-[H'3Y !i]R�RS d'YM) Ii�3}UB� i `- - l'-.-.-.Y.-.-.- - 3hU4iO191f1901 A .•x, I �m A4'� u9 0 �•3F o c� r l 0 � x W 3+17f13 NrtJH:JIl99--- 0 --.4/ Oc M I F i= W k e e City of Meridian I Department Report VI. Exhibits C. Proposed Conceptual Development Plan(dated: 7/3/2025)—NOT APPROVED&Building Elevations (dated: 6/28/2025) r :JNfl+4 191A a041�J o NdVN IS ONd A�IVN N19�11A a of w Uj d� 151 pn�%',Vi /2A 5 411 *! (RJ ]nMJ9 lsnoo� N (AS 9�l �zil LLri ... - - - - ---- - - -- :: I I �___I9 n L===J� ® ® I W w rr ice` \ _ aq w U7 ;a -- W 3AV 31ONV 1HSIdS N I City of Meridian Department Report VI. Exhibits MES al`NVIO%DV 'Qa 9ADa0 1SnOM N BLEV Ho2jnHO XOOOHIK OI1dOO z Z N �� O MM '1S 0N`d AI JVN NIS�JI 1 W a N ao 0 I I I I I I I I I II I I I I I I I I � z o 14 7 J I W I = T7ZE H I I I O I I � I Z I 4 I = Z I I I I II I I I I I I I I I I I I I I I � � I N I I � I I I I I 1 r� I I lU I I I I I I I Z I I O I I I 17 J I I W W I I I City of Meridian Department Report VI. Exhibits D. Floor Plan—Main Level and Lower Level (dated: 6/28/2025) Z 9b9£9 01'NVI01a3IN`ON 3AOa0 1snOOl N 62EV a Hai nHO XOOOHI�10 0I1dOO 4 Z N U N AIVN '1S 0 NV Al JVN N 1 SUA O N ao v 0 O 0 o Q OLU iN U iV U r U U \ O a � o o Qo J x J x ¢ x U r U r U W W O Q K C7 � d Q J Q o N K L J Z d O w w w4 �f O Z W 0 � o z K O W m cr 2 in U x O Y O r � W O O ~ J 0 U City of Meridian Department Report VI. Exhibits Z 9b9U OI'NYI(IIH3W'Oa 3AOil91SDOOl N UCE 21 a HajnHO XO(IOHi*dO 0lid03 z N N2J V�/W '1S ❑NV A� JVH N I9�IA a* O cn co LL z LL p 0 Q�� W U r�� in W 0�� ��,r� ~ 00 r�,� liJ x J a Q rn v NO U U w O O w o u7 U Q o O U N � N LL N O Z a O J W uj W Z w 0 fa a:O m o U) U W 7 _ r lZ r Y City of Meridian Department Report VI. Exhibits E. Shared Parking Agreement-NOT APPROVED PARKING AGREEMENT This agreement is made between: Brighter Beginnings Learning Center (Owner"), located at 1463 E Star Dr. Meridian, ID 83646, and Virgin Mary&St. Mark Coptic Orthodox Church, Inc. (User") which is in process of acquiring 4379 N Locust Grove Rd Meridian, ID 83646. User may use up to 15 parking spaces on Owner's property on Saturdays (church's overflow needs most likely between gam and 1 pm), Sundays and on Holy holidays, when Owner's parking reeds are expected to be less. Additional spaces require approval. Agreement acknowledges Owner's current reguJar business hours are 6:30AM -6:00PM Monday thru Friday but could be expanded to Saturdays in the future. User will keep the area clean and follow all parking rules. Owner is not responsible for any damage, theft, loss, or injury. User agrees to hold Owner harmless from any issues arising from their use of the parking spaces. User accepts full responsibility for its members use and all members also agree to hold Owner harmless from any issues arising from their use. Shared use parking agreement starts upon church completion, continues indefinitely or until either party ends it. Prior to a parf£ing agreement termination, the church will provide street parking, in conformance with 11-3C-7, to be approved by the city of Meridian. Signed &Agreed: OWNER: USER: Brighter Beginnings Learning Center Virgin Mary &St. Mark Coptic Orthodox Church, By:F6eeq Felteh6e r Inc ,,�,rrn;.. Name: Greg Feltenberger By e• I iAA MA ee f almhA, Pw4eht Title: Owner Name: Fr. Mina Salama 06/30/25 Date: Title: President Date: 06/30/25 MAINTENANCE OF THE 15 PARKING SPACES: Virgin Mary&St. Mark Coptic Orthodox Church, Inc. +J h nf,em 5 r, By:l_lll P?pagi Y"CP �Pr;dPh Name: Nader Rafla Title: Church Member Date: 06/30/25 City of Meridian I Department Report VI. Exhibits F. Legal Description &Exhibit Map of Property to be Included in New Development Agreement PARCEL DESCRIPTION FOR VIRGIN MARY ANID ST_ MARK COPTIC CHIRCH A parcel of Land being a portion of Lot 10 of Crestwood Subdivision No. 1 as shown on the Official Plat thereof on file in Book 28 of Plats at Page 1757-1758 in the Office of the Recorder of Ada County, Idaho, Lying in the NE 1 f4 of Section 31,Tovvnship 4 North, Range 1 East, Boise Meridian,Ada County, Idaho, said parcel of land being more particularly described as fol,lows: Commencing a brass cap at the NE corner of Section 31;thence aLong the East line of Section 31,S.001,33'02"W_ 1329.50#eet to a paint; thence N.891148'39"W_32.99 feet to a 518"iron pin marking the West right-of-way of N. Locust Grove Road, aLse being the POINT OF BEGINNING; Ther3ce aLongthe north Line of Lot 10 Crestwood Subdivision No 1, N.891148'39"W.208.73 feet to a 5I8" iron pin; Thence along the East right-of-way for N. Bright Angel Ave.. S.001134'39"W, 116.50 feet to a a point; Thence S.891149'42"E, 208.71 feet to a 5f8"iron pin; Thence aLong the West right-of-way of N. Locust Grove Road, N.49035'06"E_ 1 16.43 feet to the POINT OF BEGINNING. Said parcel,contains 0.5E acres more or Less and is subject to all Existing easements and right-of-ways of record crimpliod. f� �. E ` I h 1 758 OF Lt° �0. �$ City of Meridian Department Report VI. Exhibits EXH81T B DRAWING SHOWING A PORTION LOT 10 OF CRESTWOOD SUBDIVISION NO. 1 LYING IN THE NE 1 f4 OF SECTION 31, T_4N„ R,1E., B.M,, ADA COUNTY, IDAHO, 2021 CP&F NO. 111049263 30 29 3T 32 HE4'49'79"W 32.99' d LS 4999 ]S 13352 ME9' 39'W 209.73, 1 i.00' � 144.73` u I WARRANTY DUD NO 2022-049a44CP ve 1 i.00' � 141.71' 1 E 1/4 CORNER SECTT" 31 CP&F NO. 2022-014456 Al 1.E5EdQ OF } {� 89UNUARY LWE 40 Lyry T' �— SECTION LINE f74JT• -- — PROPMO BOUNDARY — — — LOT LINE RrHT OF WAY DEOICATIOH FOUHO 5Af IRON PIN 1w FWMO ✓UNIMIIM CAP 41 CALCULATED POINT-Mat�T GRAPHIC STALE w 15 3o eo +z0 [w•ET} 'lAJ-J. HOWARD S{,6%z3 "n ® a 'T VIRGIN MARY AND ST. MARK COPTIC CHURCH ■�—�# mwm f 9GE WON W. Xa i" - M a% 411- I-I- :t,.r,car'�arr.mrpM,..rr s 91f28-RG,7s7 EXHIBIT 8 City of Meridian I Department Report VI. Exhibits