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Home My WebLink AboutMeridian Assembly of God CUP (2)WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Ffre Chief W.L. "BILL° GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY ~ COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA E C L G ENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P a z COMMISSION (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 KEITH BORUP Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: January 7, 1997 TRANSMITTAL DATE: 12/16/96 HEARING DATE: 1/14/97 REQUEST: Conditional Use Permit for Meridian Assembly of God modular buildings BY: Meridian Assembly of God LOCATION OF PROPERTY OR PROJECT: 1830 North Linder Road JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. 8r FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. 8r FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: MERIDIAD' ASSEMBLY PHO~: * 888_gC63 183Q N. CINDER. RD. MERIDIAN,ID 83642 ADDRESS: GENERAL LOCATION: CINDER ROAD NORTH OF CHEBR.Y LAD? DESCRIPTION OF PROPOSED CONDITIONAL USE: USE MODULAR BLDS. t ZONING CLASSIFICATION: R-4 ~ ' PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). I certify that the information contained herein is true and correct. Signature of Applicant Social Security Number ~~~ ' ~ ~ ' 76 ~S~ LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _ m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION, BLOCK ,LOT TO Meridian ~ Assembly of God Senior Pastor Ed & Kathi Kreiner Assoc. Pastor Blair & Delta Cavner City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 Re: Conditional Use Application for Meridian Assembly of God 1830 N. Linder Road Meridian, ID 83642 Dear City of Meridian: Youth Pastor Dave & Tammy Reese Children's Pastor Reed Cape Please accept this letter along with its application as a written request for a conditional use. Ed Kreiner, President 1830 N. Linder Road Meridian, ID 83642 (208-888-0063) Legal Description (see attached) Proof of Ownership (see attached copy of Warranty Deed) The property and its facilities are being used for church functions. The two modular buildings being proposed would consist of a total of approx. 4,000 sq. ft. They would be located as shown on the site plan on an existing unimproved grassy area. The current zoning is R-4. We the applicant or user of the property agree to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. We propose to use the modular buildings for three years 1830 North Linder • Meridian, Idaho 83642 • Phone: 208-888-0063 • Fax 208-888-7280 • • We verify that the contents and information in this letter and application is true and correct and agree to post a notice of the hearing at least one week prior. Thank you for your consideration in this matter. We look forward to continue our work and assistance to the Meridian community and its families. Sincerely, Ed Kreiner, President EK:dd ••••• `i M' ~p q~~~. State of ~A~tb 1 ••.• Q,S~••.....• ~~C~'~. County of Add, 1 •• ~•.• • ~~' Subscribed and sworn to (or affirmed} before~0 ~• ~: ~OTARr this_f~,day of~ 2yrti,b~l-- _ 19~(~ ~ .* ~ ~®® • A ~ Note Pu is ~ B ,•~'•~~~,y •°••,...•••~ ~O~-•` iNy Commission Expires L ~~'~, ~~~OF~~9 ~~•~• Q5000`~3`I THIS FORM FURNISHED COURTESY OF: STEWART TITLE OF IDAHO, INC. ~. 3~iS~ ~~` '95 J~~ `t Fi'I it 12 FEE ~~..~._ :, : . I SPACE ABOVE THIS LINE FOR RECORDING DATA Order No. ACCOMMODATION DEED OF RECONVEYANCE STEWART TITLE OF IDAHO, INC., an Idaho Corporation, as Trustee in the deed of trust executed by MERIDIAN ASSEMBLY OF GOD, INC. recorded June 04, 1985 , as Instrument No. 8528981 Mortgage records of ADA County, Idaho, pursuant to the written request of the beneficiary, does hereby GRANT and RECONVEY unto the PARTIES ENTITLED THERETO, without warranty, all the estate and interest derived to it by or through said Deed of Trust, in the lands therein described. Said lands described as follows: ' A TRACT OF LAND IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST.... The corporate name subscribed by its Vice President, and the seal affixed by its Assistant Secretary, is pursuant to a resolution authorizing the execution of this reconveyance duly adopted by its Board of Directors. Dated: December 29, 1994 STATE OF IDAHO COUNTY OF ADA By Attest: STEW \ T TITLE OF IDAHO; INC. PETERS ~1~Lfi 0~ su- d1~~•••...•.~ ~O '~.9T8 OF IVP ~~. On this 29th day of December , in the year of 1994 ,before me, the undersigned, a Notary Public in and for said State, personally appeared JOAN M. HART and BEV PETERSEN known or identified to me to be the Vice President and Asst . Secretary of the corporation that executed the instrument or the person~`,yyro executed the instrument on behalf of said corporation, and acknow- ledged to me that such corporation•,we~`ec~i~ej~~~i~.~ame. ,sue, P ••~.......•• ~~: ~ ~ Signature: ~F'~ • ,S pR Y : ~c :'QJ ~ i • $ - Name: DIANA L. AYRES ~ tiG ~ o * PUBti ~' Residing at: BOISE, IDAHOPrintl ••'••s~A~TE~04.`•~,, My Commission Expires: July 17, 1995 C~ LEGAL DESCRIPTION: The Subject Property is described by a Metes and Bounds Legal Description that was provided to L.D. KNAPP & ASSOCIATES by West One Bank, Idaho, based on a commitment for Title Insurance issued by Stewart Title of Idaho. The Legal Description is found on Page 1,2 & 3 of the afore-mentioned Commitment Schedule, and can be found in the Addenda Section of this Report. In General Summary, the Subject Property is a tract of land in the Southwest Quarter of the Southwest Quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, Records of Ada County, Idaho. Beginning at a point on the Section line which bears Northerly 807.17 feet, from the Section corner Common, to Section 1, 2, 11 & 12, Township 3 North, Range 1 West, Boise-Meridian, and then south 89 degrees, 46 minutes, 30' east, 800 feet; thence south zero degrees, 27 minutes, 30 seconds east, 451.31 feet; thence south 89 degrees, 42 minutes, 50 seconds west, 800 feet; thence north 0 degrees, 28 minutes, 10 seconds west, 457.17 feet to, the POINT OF BEGINNING. ZONING DATA: The Subject Property is zoned R-4 and is under the control of the City of Meridian, Idaho. The R-4 District is aLow-Density Residential District. The purpose of the R-4 District is to permit the establishment of Low-Density, single-family dwellings, and to delineate those areas that are predominately residential development, or are likely to occur in accord with the Comprehensive Plan of the City of Meridian, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non-residential uses. The R-4 District allows for a maximum of four (4) dwellings per acre, and requires the connection to the Municipal Water and Sewer System of the City of Meridian. Under the R-4 Zoning District, only asingle-family residential dwelling unit is permitted. Under a Conditional Use Permit, two-family units, planned residential developments (PD'S), mobile home parks and subdivisions, libraries and daycare centers are additionally allowed. Other Conditional uses permitted include CHURCHES, clinics, construction buildings, entertainment centers, greenhouses, and nurseries, home occupations, museums, public uses, retirement homes, schools, private schools and nurseries, neighborhood shopping centers, and storage facilities. The minimum lot area under an R-4 District is 8,000 square feet per dwelling unit, with 15' rear-yard setbacks, and 5' interior-yard setbacks. Each lot must haves 20'-30' of frontage, and a setback on the street side of 20' to 25'. The maximum lot coverage is 35%, and the maximum building height is 35'. in 1993, the minimum street frontage was increased from 70' to 80', with a minimum frontage on culdesacs of 40', measured as a court measurement. A copy of the R-4 Residential Zoning District for the City of Meridian has been retained in the Appraiser's file, and is available for review upon request. L. D. Knapp & Associates 18 The Subject Property has obtained a Conditional Use Permit to operate a church on this property which was obtained in 1984. The Subject Improvements and the Proposed Improvements conform with the City of Meridian Zoning Ordinance, as of the Effective Date of this Report. A copy of the Zoning Map can be found following this Section of the Report. L. D. Knapp & Associates 1 g The Subject Property has obtained a Conditional Use Permit to operate a church on this property which was obtained in 1984. The Subject Improvements and the Proposed Improvements conform with the City of Meridian Zoning Ordinance, as of the Effective Date of this Report. A copy of the Zoning Map can be found following this Section of the Report. L. D. Knapp & Associates 19 JAN 0 ? 1998 ~I'T'~ ~E4~~Oit~r, ~,~,{~ C~ !'Y~t C~.~~~~ a v~ 1503 FIRST STREET SOUTH NAMPA, IDAZ $ 84 35 00 2~5 FAX # 2(9$'-''8$'x`-$'IC~'P'* 30 December 1997 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 David Coga A.S.L.A Land Group Inc. 128 S. Eagle Rd. PO Box 324 Eagle, ID 83616 Re• `M~r"~~~tn Asseml~ly"'Kd~ • God ~ ~hurCh ~ located at the corner of • Linder and Cherry Lane. Dear Mr. Coga: This letter is to follow up review of the plans and your letter referencing storm water. Nampa & Meridian and if 1a11D of rthe has no facilities located on this site, municipal drainage is being retained on site it will be of no impact to Nampa & Meridian Irrigation District. Therefore, Nampa & Meridian Irrigation District has no objections to this project nor any further comments. Please feel free to contact me if further discussion is required. Sincerely, '~/ l'~ ~~ John P. Anderson Water Superintendent JPA/jdm pc: File Each Director Daren Coon Bill Henson Rider 4 City of Meridian C~~p~7 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 Meridian City Council March 4, 1997 Page 17 MOTION CARRIED: All Yea ITEM #8: FINAL PLAT: SUMMERFIELD SUBDIVISION NO. 5, 39 LOTS BY GARY VOIGT: Corrie: Is there a representative of Summerfield here this evening. Cook: Scott Cook, .Hubble Engineering. We have reviewed the comment letter from staff, we didn't have any objections to it. We did submit a revised plat to staff correcting many of the comments that they had addressed in their letter and we are basically in agreement with those comments. Morrow. Mr. Cook you have changed sides have you not? Cook: Yes I have. Corrie: Any further questions or comments from Council or staff? Entertain a motion on the final plat then. Morrow. Mr. Mayor I would move that we approve the final plat for Summerfield Subdivision No. 5 by Gary Voigt. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the final plat of Summerfield Subdivision No. 5, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR USE OF MODULAR BUILDINGS BY MERIDIAN ASSEMBLY OF GOD: Corrie: At this time I will open the public hearing and invite the representative from Meridian Assembly of God Church to testify first. James Main, 414 South Sailor, Kuna, was sworn by the City Attorney. Main: The Meridian Assembly is in receipt of the review by the Planning and Zoning Commission with the comments concerning the conditional use permit for the modular buildings at their site. I did provide a packet to the Council on Thursday that I reviewed with Shari Stiles. The Church would like to propose that the Council consider one change to that request for the conditional use permit. I have brought along a larger version of the plan that I included in your packet there. That consideration would be to, Meridian City Council March 4, 1997 Page 18 this is basically the plan that submitted initially. It showed the modular buildings located behind the existing building to the east off of Linder. The consideration would be to locate those buildings to the south side of the existing structure adjacent to a vacant lot which is owned by an adjoining church.. The reason for that consideration is 3 fold which I indicated in the letter. First its the location of site utilities, it makes it considerably easier and less cost involved to the owner to hookup bathrooms in those facilities. Second would be the church right now is suffering some growing pains an they are looking at several options. One would be selling the property and moving to a new location, another would be putting a new building on the site. If in fact they choose to stay on this site they would like the option available to locate a new building behind the existing building. Third, locating those modular units to the south create less of a safety concern as far as people crossing across asphalt parking areas. Now the comments that we receives from Planning and zoning and the Ada County Highway department have been incorporated into these tv+ro plans which I submitted in my packet. Again these are temporary modular buildings which would be constructed by Northwest Building Systems and they v~rould be used just on a temporary basis until the church either sells their property and relocates or until they provide permanent structures on the site. Cowie: Questions from Council for the applicant? Thank you, is there anyone else from the public that would like to enter testimony at this time on the conditional use permit. Hearing none, Council, questions for staff? Morrow: I have one question Mr. Mayor, Shari, does a change in the location of the two buildings constitute a substantial change in the application in your opinion? Stiles: Councilman Morrow, Mayor and Council, the reason I did have them make sure that they submitted this today was that if you are going to approve this plan that it was before the public and everyone knew. They had initially wanted to move it to the north side. of the property but because of the negative testimony we had although it wasn't a lot at Planning and Zoning I felt that would make a significant difference to those people on the north side. So, I suggested they put it on the south side, it is a change but I guess I don't consider it that significant unless you don't like the idea of it being so visible from the street. Morrow. I think my concern was in reading the minutes of the testimony and the findings of fact for P & Z and the letter from Ms. Garrett the concern by the neighbors was somewhat of an issue with respect to the noise and so on and so forth. That maybe. moving it to the south then that would further take away some of those concerns from where it was before. So, that is why I am interested in seeing if it constitutes a major change. It seems to me it is a benefit to those who had testified before. Stiles: that is the way I felt too. Meridian City Council • March 4, 1997 Page 19 Morrow. I have no further questions Mr. Mayor. Rountree: Mr. Mayor, question for Shari, what has been our track record with temporary modular housing or facilities in terms of compliance and meeting the terms and conditions of the conditional use permits, length of time allowed? Stiles: I am trying to think of how many we have approved. I know there are a lot out there that have been there for a long time. Rountree: Most of them have a one year conditional use permit? Stiles: Yes, as far as I know. I know that they may be interested in making these permanent at some time but I, if that were ever to be the case they would have to come back before the City Council if they were to want to extend that at all. Morrow. Follow up to that Mr. Mayor, I believe that in most, cases they are one year renewable are they not? And that we are seeing the renewable on the temporary modular that are used for example as sales offices within developments. As memory services the churches have a pretty decent record of coming forth and doing their renewals. So I think those are two groups that are meeting the intent here. I am struggling to figure out some that may .not but I can't think of an example right off the top of my head. Corrie: That is correct they usually are for one year. Rountree: I am just looking at this and it is requesting 3 years and my preference would be a one year renewable to stay with what we have required in.the past. Other than that I have no particular issue with it. Morrow: Neither do I, I think that is fair. Rountree: I think the adjustment they made does in fact eliminate some of the problems that were identified in the previous hearing. Corrie: Council, you can approve their findings if you want to make any changes in the time element if you don't see any other problems with it. On page 9, you might have to change item C because I don't believe he submitted a new site plan to us other than the one presented tonight. Morrow:. Mr. Mayor, I believe we can handle that by a motion that says something to the affect that we adopt the findings of fact and conclusions of law as prepared for us by P & Z as amended to allow the moving of the site of the two modular to the south side of the lot. And to request that the temporary use be done in one year renewable increments and capped a three year total. Meridian City Council i March 4, 1997 Page 20 Bentley: Is that a motion? Corrie: Let me close the public hearing, go ahead. Rountree: Can you repeat that? Morrow. Let me try again here, I want to make a motion with the Council's permission that we adopt the findings of fact and conclusions as prepared for us by P & Z, with the change that we allow the moving of the structures to the south side of the lot as presented to us tonight by the Applicant James Main and that .we keep with our policy of having one year renewable temporary permits capped at a three year total as per the presentation by P & Z. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to adopt the findings of fact and conclusions of law prepared by Planning and zoning with the corrections that the modular buildings be on the property in accordance on the south side of the lot and that the conditional use permit shall be restricted for a period of one year renewable and capped three years, any further corrections.? Roll call vote ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Motion on the decision and recommendation? Morrow. Mr. Mayor, I would move the City Council of the City of Meridian approve the conditional use permit as amended requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law as amended or similar conditions found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, fire and life safety codes, uniform fire code, parking, paving, landscaping requirements and all the ordinances of the City of Meridian. The conditional use shall be restricted to a period authorized of three year total subject to annual renewal. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the decision and recommendation, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea MERIDIAN CITY COUNCIL MEETING: March 4.1997 APPLICANT: MERIDIAN ASSEMBLY OF GOD ITEM NUMBER; 9 REQUEST: PUBLIC HEARING: REQUEST FOR CONDI110NAL USE PERMIT FOR MODULAR BUILDINGS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS P ~ Z MINUTES FaOM 1-16-97 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDNGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SETTLERS IRRIGATION: ~l ~. f IDAHO POWER: ~ 3 ~ ~~~ ~ ~~ US WEST: INTERMOUNTAIN GAS: ~~ ~~~C l~l BUREAU OF RECLAMATION: ~ (j ~~ OTHER: ~~ All Materials presented at public meetings shall become property of the City of Meridian. Meridian Plannin & Zonin Commission 9 9 January 16, 1997 Page 37 Borup: Could there be some interior screening not, I think you are referring to screening out at the road, would screened cars and everything else in there, maybe some interior fence or interior screening separate from the cars maybe a consideration. Nesmith: I just don't know how that would be done and still offer access to the parts seeing as though they are set up on a pallet rack where a heister has to come up to it. Borup: I am not sure, I thought most of it was along the building and maybe just the screen Nesmith: No, I think the only parts, because I have taken a clean up everything, the only parts that are stored and there are three pallet racks. Everything else is all clean gravel besides there are some scrap receptacles for our waste products that are developed and I separate that stuff out because we recycle all of that stuff. MacCoy: You are working with the Meridian Police Department right now though. Nesmith: Absolutely... MacCoy: I think that is your best avenue for that. Nesmith: Those guys actually do a real good job. MacCoy: We also have that concern and we (inaudible) that is one of our concerns (inaudible) Nesmith: I guess they have enough room beside the vehicle (inaudible) Johnson: Thank you, any one else? Any further comments? I will close the public hearing at this time. MacCoy: Mr. Chairman, I move that we have the Counsel prepare findings of fact and conclusions of law for this project. Oslund: Second Johnson: Motion and a second to have findings of fact and conclusions of lew prepared, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR MODULAR BUILDINGS, 1830 NORTH CINDER ROAD, BY MERIDIAN ASSEMBLY OF GOD: Meridian Planning & Zoning Commission January 16, 1997 Page 38 Johnson: The applicant is at the podium and prepared to be sworn in. Patrick Drake, 1830 N. Linder Road, Meridiian, was sworn by the City Attorney. Drake: We are proposing a conditional use permit to .allow two modular buildings for a three year period for additional classroom space that we need for our growth. We have had a chance to review at length the comments from Shari Stiles as well as the other agencies and municipalities and are willing to adhere to their recommendations. I am open for any questions that the Chairman or the Commissioners might have. Johnson: Thank you, on this January 10~' letter from Bruce Freckleton and you may have already answered this, but his concern was what are the buildings going to be used for. Will they be occupied and witf there be any rest room facilities so you probably already handled that. Drake: It will be class room space and at Phis point in time we are not looking to have rest rooms in the buildings no. Johnson: Any storage? Drake: No Johnson: Does anyone else have any questions? MacCoy: Yes I do, looking at, where you plan to locate this is that area before you get to your portables is that an asphalt paving already existing? Drake: There is asphalt paving, then there is a space of gravel and then there is the cleared grass area. We are looking to put the modular buildings in the grass area and as per the comments of the City we would go ahead and construct an asphalt sidewalk for people to have access to the two new buildings yes sir. MacCoy: What about the handicapped cxade requirements, what are you going to do about that? Drake: We would meet all of the codes with ramping, etc. MacCoy: Hand rails and the whole works, you are going to have handicapped parking back there so you can handle that and that it is (inaudible) Drake: To the best of my knowledge yes. Meridian Planning ~ Zonin Commission 9 January 16, 1997 Page 39 MacCoy: And just from the information it is, I guide you to the stand point to look at the actual documents for that because there have been so many things happening both in Boise as well as Eagle and here where they make the parking space width which everybody assumed that is fine for the .handicapped. They forget the fact that they, some of those vans have side loading and you need the extra space for that. Also the location of the parking things so that if a person gets of that van or car or what have you they don't have to cross any time of car traffic. Just curious, once you have had the use of these two portables what is your future use of these? Drake: To go ahead and move those off campus. At this point in time the church has grown so fast that the space is really not adequate with the land we own. We hope to move within the next two years, so we would physically take them with us and probably put them on a slab for permanency. MacCoy: That was one of the questions that came in from some of your neighbors as to what you were going to do with a portable forever and ever. Drake: We thought it would be pertinent to put a specific time period on it and we actually propose a three year period in writing when we first submitted it sir. Oslund: Just a point of interest, once this expires, what is the mechanism for expiration of the conditional use permit? Stiles: We will send in the police department. Drake: Subtle but effective. Oslund: I trust these guys don't get me wrong, we have not seen one of these and I am just wondering how a temporary permit operates like that. Just send them a letter and say the time is up. Stiles: I imagine that is what we would do. Oslund: Let's say their plans changed and they decided they wanted an extension, that is something that would have to come back to P & Z or is it something handled by staff or Council? MacCoy: It would go back through the Planning and Zoning Commission if it is going to change the conditional use permit. Drake: I think there is a comment also on this one that is dated the 13th item 6, there is an annual review process as well I believe. Stiles: If they start getting unruly. Meridian Planning & Zoning Commission January 16, 1997 Page 40 MacCoy: (Inaudible) Borup: Just a question; ACRD had quite a few requirements, you said you did review all of them? Drake: We had an opportunity to meet with them in person went through the list with them and we had an opportunity to meet with them in person and went through the list with them and we are willing to do the improvements they requested. Borup: They had quite a list. And just out of curiosity, you said you were running out of space there. It looks like on the submittal that you have a lot of area behind that you use now, does the church own that property also? Drake: It is not being used at all right, it is just open field. Borup: There is room there for future expansion though., I am just curious why moving rather than utilizing that land.- Drake: We have done our demographics already and have taken a look at it and in due diligence there doesn't appear to be enough parking and adequate space to build a larger facility in the future. We run three morning services that are completely full, we definitely need to build a new building soon. So we hope to start on that with the various municipalities. We will probably just, we are looking to negotiate with land that is right on that same street about a mile further north and get to a larger campus. Like the valley the church has grown real fast as well. MacCoy: Back to your existing (inaudible) those two light poles that are shown at the top of your plan, the (inaudible) Drake: Yes they are MacCoy: I am just curious how much of your existing building what is your seating capacity (inaudible) Drake: 1 am not sure that 1 can answer that question for you sir. The three services that we have that are full I believe the capacity is about 300 people. For each sitting for each service in the auditorium itself. MacCoy: That is on chairs. Drake: No we do have pews. MacCoy: Commendable. Meridian Planning & Zoning Commission January 16, 1997 Page 41 Johnson: Anybody else? Thank you very much- sir'? Anyone else from the audience? Brian Goold, 1497 Storey Street, Meridian, was sworn by the City. Attorney. Goold: I just have a small comment to make. 1 moved into Meridian at that address about 3 '/ years ago, my house at that time appraised for $82,900. If you are not familiar with Storey Street it does not have curbs, it is not a very attractive street as those that are being built today in the subdivisions. My house is probably one of the few that have not appreciated in fact it has depreciated. The current value is $81,900. In the City of Meridian I think that is terrible. Johnson: Unusual Goold: Everybody else is appreciating three to five to six to ten thousand a years and mine is going down. Apart of that I believe is from the acceptance of the Smith's that has been put in or approved down the street. And I have a problem with a temporary buildings right there in my back yard. Basically mg backyard opens up into a farmer's field which is next to this church. I believe it would be a discredit to those homeowners that live on Storey Street to allow more of their property values to decrease. Our street has homeowners only on one side and that is the side that borders the view of this church. Those are my comments. I sure would hope that you would take those into consideration. I am in a flux I guess, t am in a hole somewhere in Meridian that everything is going back~nrards where the rest of the City is going forwards. Johnson: I appreciate your comments and I apologize for assuming what your comments were going to be. I would be interested in the source of your evaluation that is all for my own curiosity. Goold: I find that portables are unsightly. Johnson: I am sorry my question is how did you arrive at the devaluation of that source is wha# I am asking. Goold: My next door neighbor currently has actually two houses down sold his house for $79,900 it is the same equivalent square footage. The only thing my house has that is different than his is mine does have air conditioning and a finished garage. My next door neighbor right next to me is selling his house for $80,900. When I bought the property 3 '/z years ago it was worth more than that Johnson: I was v~ndering if there was a current appraisal or just what the market is dictating. • . Meridian Planning & Zoning Commission January 16, 1997 Page 42 Goold: Well all of the houses on that street are not like the ones you talked about earlier today. They are anywhere from 1000 to 1200 square feet, 1250 I think is the biggest of them all. It is for small families that are first time home buyers. Why buy a first time home if you can't get out of it. Currently if I were to self my house today would lose money just on selling cost. I wouldn't be able to pay off the mortgage to get out of the house. That is not what a starter home is for, starter home is for you to build equity and to take the next stair step up to the next level of the home. It is not happening on Storey Street. One of our problems that we have noticed in the last 3'/z years is that when the street was constructed the lots were too small, your houses are very close together with one another. Also the street itself is not very well, when it adjoins to Linder you cannot see the street sign. If you were to come from Ustick and drive down Linder you will miss Storey Street because you won't see the sign or the entrance. Then when you do get on the entrance it is not paved all the way to the edge. It is paved in the center, but on both edges where you are coming in or going out it is gravel and it is muddy and it is dirty and whenever it rains or snows or whatever it looks disgusting. Johnson: Those are exactly the type of things we are trying to avoid. And some of our comments earlier regarding the application number 1 tonight was (End of Tape) Goold: Believe you me, I am in the financial industry and I have had clients that live in subdivisions that are adjoining us and with similar square footage and similar amenities and their houses are $92,000 to $95,000 is what the are selling and refinancing their homes for. Like I said I am stuck in this hole and I have nothing against a person's faith or how they worship. I think it is great that the church is growing, I think it is great that he has three full services but I would be more inclined to vote in the affirmative if he was increasing the size of his building and maybe those were temporary portables for maybe six months. But for maybe three years it is basically permanent in my sight. I don't believe those portables will help my property value at all. Borup: Can I assume that your taxes have gone down as well? Goold: No my taxes have gone up. In fact my taxes have gone up every year, and the one year that we declined the school district increase then we turned around and got a 10% increase on our, assessment values. So it didn't matter if you voted for it or not you were going to get an increase in your takes that year. Borup: So apparently the County assessor Goold: Doesn't like me either. Borup: Has not agreed with their evaluation. Meridian Planning & Zoning Commission January 16, 1997 Page 43 Johnson: Any further comments or questions? Thank you very much, do you have a last comment? Drake: In reference to the gentleman's comments, ! am sorry that has been the case, I don't think we are related to that. We purchased a four acre parcel of land between Story Street and the existing facilities which we have. no plans to develop whatsoever so there is a four acre buffer. I don't know if I can approach the Commission to show a copy of the plat book as to where Storey street is related to our existing structures. The two modular buildings we -are looking to construct would be the same company that builds the modular structures for the school board. They are going to be attractive buildings, we won't be there three .years. We will be good neighbors in the mean time but we will be moving fairly soon. Johnson: I appreciate those comments, at this point I will close the public hearing. MacCoy: Mr. Chairman, I move that we have the Counsel prepare findings of fact and conclusions of law for this project. Oslund: Second Johnson: Motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Oslund: Mr. Chairman, I move that we adjourn this little soiree, this meeting. MacCoy: Second Johnson: Motion and a second to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 9:37 P.M (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: I•~~q~ JIM OHN ON, AIRMAN /~ WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TR EASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 KEITH BORUP Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor January 10, 1997 To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer ~' Re; TWO MODULAR BUILDINGS (Request for Conditional Use Permit - by Meridian Assembly of God) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. This application doesn't describe what the use of the buildings will be for. 2. Will the modular buildings be occupied by people, or are they proposed for storage? 3. The application says that they would propose to use the buildings for a period of three years. 4. Are the modular buildings equipped with restroom facilities? If so how are they going to be serviced with water and sewer? C: \OPFICE\ W PW IN1(}ENSRAL\MAp(}. P& Z WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 KEITH BORUP Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TO: Planning & Zoning Commission, Mayor & Council FROM: Shari Stiles, P&Z Administrator DATE: January 13, 1997 SUBJECT: Conditional Use Permit to Allow Two Modular Buildings for aThree-year Period by Meridian Assembly of God Following are comments to be considered during your review of this project: Temporary buildings have been allowed on a short-term basis for other developments within the City. However, since the Applicant desired approval for athree-year period, the conditional use permit process was considered appropriate. 2. Additional landscaping is to be provided to meet the Ordinance requirements of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt. Applicant is to provide a landscape plan for approval prior to obtaining a permit to locate the modular units on the property. A letter of credit or cash will be required prior to occupancy of the buildings if the improvements are not made. 3. Applicant is to dedicate the additional right-of--way to the Ada County Highway District for Linder Road prior to submitting an application for a building permit. Provide a copy of the recorded warranty deed to the City Clerk's Office prior to submittal of building permit application. A setback of 20 feet beyond this new right-of--way line is required. 4. Applicant is to construct afive-foot-wide sidewalk on Linder Road abutting the entire right-of--way, located one foot within the new right-of--way of Linder Road. 5. Applicant is to meet all other requirements of Ada County Highway District for driveways and tapers. 6. This Conditional Use Permit shall be subject to annual review, or more often if conditions warrant. 7. All signage shall be subject to design review. A-frame and other signs of a temporary nature will not be permitted as part of this conditional use permit. • • P&Z Commission/Mayor & Council January 13, 1997 Page 2 8. Applicant is to provide 25-foot-wide driveways and striped pazking spaces in accordance with City Ordinance. All pazking and driveway areas aze to be paved. Parking on non- paved areas shall be prohibited. 9. Applicant to obtain a Certificate of Occupancy prior to utilization of the modulaz buildings. A letter of credit or cash for all improvements would be needed prior to granting temporary occupancy. 10. Drainage plan and calculations prepazed by an azchitect or engineer licensed in Idaho is required to be submitted to the Public Works Department for review and approval for all pazking azeas. 1 I . Landscaping and underground sprinkling of all landscaped azeas shall be provided per City Ordinance. 12. Illumination of the site shall not cause glaze or impact adjacent properties, as determined by the City. 13. Five-foot-wide sidewalks are to be provided to the proposed modular buildings. 14. The buildings shall meet all applicable Uniform Fire Code and Uniform Building Code requirements. 15. The Applicant shall, as a condition of any permit, be required to enter into a reassessment agreement with the Public Works Department to determine if additional sewer and/or water fees need to be paid. ~~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION MERIDIAN ASSEMBLY OF GOD CONDITIONAL USE PERMIT FOR USE OF MODULAR BUILDINGS 1830- NORTH CINDER ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS- OF LAW The above entitled matter having come on for public hearing January 16, 1997, at the hour of 7:00 o'clock p.m., a representative of the Applicant, Patrick Drake, hereinafter referred to as the "Representative,".appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: 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 January 16, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 16, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. This property is located within the City of Meridian at 183.0 N. Linder Road, Meridian, Ada County,, Idaho. The legal FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. MERIDIAN ASSEMBLY OF GOD • description of the property is included in the application, and by this reference is incorporated herein. 3. The Applicant, Meridian Assembly of God, Inc., owns the property. 4. Pursuant to the application and the accompanying letter from the Ed Kreiner, President, notarized dated December 12, 1996 that the property and the facilities are used for church functions; that the two proposed modular buildings would consist of a total of approximately 4,000 square feet and located as set forth in the site plan submitted with the application; that the Applicant agrees to pay any additional sewer, water or trash fees or charges associated with the use. 5. The Representative testified that they are requesting a conditional use permit to allow two modular buildings for a three year period for additional classroom space that they need for their growth. The Representative further stated they have reviewed the comments submitted and are willing to adhere to their recommendations. 6. In response to questions from the Commissioners, the Represenative stated as follows: a. The buildings will be used as classrooms. They are not planning to have restroom facilities .in the two buildings; b. They do not intend to use the buildings for storage; c . They intend to place the buildings in the grass area of the Applicant's property, and they would construct an asphalt sidewalk for access to the two buildings; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. MERIDIAN ASSEMBLY OF GOD • U d. They will meet all requirements and codes for the disabled; e. At this point in time, the church has grown so fast that the property, in terms of space, is not adequate. They hope to move to a new location within two years. At the time they move they would take the modular buildings with them; f . They believe it appropriate to place a specific time period on the conditional use permit, and they have proposed a period of three years; and g. They have met with Ada County Highway District (ACRD), and they are willing to complete the improvements ACRD requested. 7. Sharon Jarrett submitted a letter objecting to this application, which letter is incorporated herein as if set forth in full. 8. Brian Goold testified in objection to the application based upon. the value of his residence declining. Mr. Goold's testimony is incorporated herein as if set forth in full. Mr. Goold testified that he moved to his residence on Storey Street in Meridian, Idaho approximately 3 1/2 years ago. His residence appraised for $82,900. Storey Street does not have curbs; it is not an attractive street compared to those presently being built in subdivisions. Property values in the surrounding area have appreciated, while the value of his residence has decreased. His back yard opens into a farmer's field which is next to the Applicant's property. Mr. Goold arrived at the value of his house based upon the sale of equivalently sized houses on Storey Street. However, Mr. Goold stated that his taxes have increased; that he had a 10$ increase on the assessment value of his residence. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. MERIDIAN ASSEMBLY OF GOD 9. In response to the testimony of Mr. Goold, the Representative stated that the Applicant purchased a four acre parcel between Storey Street and the building at the property. They have no plans to develop the four acre portion of the property, so there is an approximate four acre buffer between the existing building, the location of the two modular buildings, and Storey Street. 10. The Assistant to the City Engineer, the Planning and Zoning Administrator, Meridian Fire Department, Meridian City Police Department, Central District Health Department, Ada Planning Association, and Nampa & Meridian Irrigation District have or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full- when submitted. 11. Ada. County Highway District submitted comments and requirements, all of which comments and ,requirements are hereby incorporated herein as if set forth in full, and some of which are more particularly set forth as follows. Applicant (owner) dedicate 45-feet of right-of-way from the centerline of Linder Road abutting the parcel (20 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for this additional right-of- way from available impact fee revenues in this benefit zone. If the. owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. MERIDIAN ASSEMBLY OF GOD ~ ~ administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. Applicant (owner) construct a five feet wide concrete sidewalk on Linder Road abutting th entire parcel, located one-foot with the new right-of-way of Linder Road. Applicant (owner) reconstruct the two existing 20-foot wide driveways as 24 to 30-feet wide driveways with 15 foot radii pavement tapers abutting the existing roadway edge. 12. The property is currently zoned (R-4) Low Density Residential District; that in the ZONING SCHEDULE OF USE CONTROL, Sections 11-2-409 B. Commercial, Churches are not listed as a conditional use in the R-4 District. 13. The R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 3 as follows: (R-41 Low Density Residential District: Only single- family dwellings shall be permitted and no conditional uses shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 14. Section 11-2-406 A of 'the City of Meridian Zoning and Development Ordinance provides: It is the intent of this Ordinance to permit conforming uses. All applications for the enlargement, expansion, extension of non-conforming uses or all applications for the addition of other structures or uses prohibited elsewhere in the same district shall be subject to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. MERIDIAN ASSEMBLY OF GOD Conditional Use procedures of Section 2-418 of this Ordinance. 15. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Revised and Compiled Ordinances of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances.. and proceedings, other governmental statues and ordinances, and of actual conditions existing within the City and state of Idaho. 4. Section 11-2-406 E of the City of Meridian Zoning and Development Ordinance provides: If a lawful use involving individual structures, or of a structure and land combination, exists at the effective date of adoption or amendment of this Ordinance that would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: 2. A non-conforming use shall be extended to occupy any additional land area only as an application shall be submitted to the commission and in accordance with the Conditional Use procedures of Section 2-418 of-this Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. MERIDIAN ASSEMBLY OF GOD 5. Non-Conforming Use is defined. in the Zoning And Development Ordinance, City of Meridian, Idaho as "The use of land or a use of a structure or building which is not in conformance with the conditions or requirements of this Ordinance." 6. Conditional Use Permit is .defined in the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 7. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant. to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 8. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 9. The City has judged this Application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. MERIDIAN ASSEMBLY OF GOD ~ r 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 10 . 11-2-418 (C ) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use; c. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; that traffic will increase, but due to the drop-off and pick-up being off of the street it should not be a problem; e. The property has sewer and water service already connected, but Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. MERIDIAN ASSEMBLY OF GOD ~ ~ services and the use would not be detrimental to the economic welfare of the community; g. If the conditions involve a use, activity, conditions of operation person, property or the excessive production of glare or odors; are met, the use should not process, material, equipment or that would be detrimental to general welfare by reason of traffic, noise, smoke, fumes, h. Sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 11. Since conditions may be placed upon the granting of a conditional use permit to minimize ,adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of the subject property or to another property; b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Fire Department and other governmental agencies submitting comments; c. The conditional use shall be for the placement of two (2) modular buildings at the property in accordance with the site plans submitted by Applicant; d. The conditional-use shall be restricted to a period of authorization of three (3) years, and may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; and e. All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. MERIDIAN ASSEMBLY OF GOD Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements. 12. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 13. It is recommended that if the Applicant meet the conditions stated above that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. MERIDIAN ASSEMBLY OF GOD DECISION AND RECOI~IENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving, landscaping requirements, and all Ordinances of the City of Meridian. The conditional use should be restricted to a period of authorization of three (3) years and subject to review upon notice to the Applicant by the City. MOTION: APPROVED: DISAPPROVED: ~, /~ -~l ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. MERIDIAN ASSEMBLY OF GOD • APPROVAL OF FINDINaB OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP VOTED_C~'" COMMISSIONER OSLUND COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTED I's~ Z, '~ ` ~~ ~~I~~` VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. MERIDIAN ASSEMBLY OF GOD WILLIAM G. BERG, JR., City Cleric JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. N T. SHAWCROFT, Waste Water Supt. NNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P >f< Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chlef W.L. "BILL° GORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION DIN[ JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: January 7, 1997 TRANSMITTAL DATE: 12/16/96 HEARING DATE: 1iN4/97 REQUEST: Conditional Use Permit for Meridian Assembly of God modular buildings BY: Meridian Assembly of God LOCATION OF PROPERTY OR PROJECT: 1830 North Linder Road JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, CIC WALT MORROW, CIC GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDWN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PR M. NAL PLAT) BUREAU OF RECLAMATIO P . & FIN/~CPLAT) CITY FILES / J YOUR CONCISE ~`~ IFD DEC 2 3 199 S HUB OF TREASURE VALLEY A Good Place to Live CI~'Y OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX ( 8&7-4813 Public Works/Building Department (208) 887-2211 Motor V'ehicle/Dm•ers License (208) 888-4443 CITY OF 1MERIDIAN WILLIAM G. BERG, JR., City Cleric JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE Mayor GOUNGIL MEA".BERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: V'~"rll Berg, City Clerk by: January 7, 1997 TRANSMITTAL DATE: 12/16/96 HEARING DATE: 1/14/97 REQUEST: Conditional Use Permit for Meridian Assembly of God modular buildings BY: Meridian Assembly of God LOCATION OF PROPERTY OR PROJECT: 1830 North Linder Road JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT EUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. ~ FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. 8r FINAL PLAT) CITY FILES /~ v /~ 9 OTHER: YOUR CONCISE REMARKS: f ..e.. !'~'1 ~E' t. - , ~?I~~ j~ Gln~- • HUB OF TREASURE VALLEY '~ A Good Place to Live CI~'3~ ~F ~RII~IAl`tTT 33 EAST IDAHO iViEidIDIAN, IDAHO 83642 (208) 888-4433 • FAX (2118} 887-4813 Public Worics/Building Deparunent (208) 887-221 I Motor Vehicle/I7rieers License (208) 888-44.33 ~1 1._.1 ~c~n~ SHERRY R. HUBER, President SUSAN S. EASTLAKE, Vice President JAMES E. BRUCE, Secretary January 6, 1997 Meridian Assembly of God 1830 N. Linder Road Meridian, Idaho 83642 Re: Staff Level Approval MCU-35-96 Facts and Findings: 1830 N. Linder Road Two modular buildings A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting conditional use approval to construct two modular buildings totaling 4,000-square feet on an existing church site. The 12.6-acre site is located on the east side of Linder Road approximately 320-feet north of Cherry Lane. This development is estimated to generate 40 additional (390 total) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. This is assuming that there is not a day care facility operating at the church facility. B. ACHD's Park & Ride Division Staff have indicated the need for a park and ride location at the applicant's site. The District requests that applicant grant the District an easement fora 10 to 12-space Park & Ride area at this site. Coordinate the location with District Ride Share staff (345-POOL). C. The application and site plan received by the City of Meridian, and submitted to the District on December 17, 1996, have been reviewed by the ACHD Development Services staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This item will not be heard by the ACRD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Development Services staff decision is submitted as described within the Standard Requirements outlined below. The following requirements are provided as recommendations for conditions of approval to City of Meridian: ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 Special Request of the Applicant: The District requests that applicant grant the District an easement fora 10 to 12-space Park & Ride area at this site. Coordinate the location with District Ride Share staff (345-POOL). Site Specific Requirements: 1. Dedicate 45-feet of right-of-way from the centerline of Linder Road abutting the parcel (20 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for this additional right-of--way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2. Construct a 5-foot wide concrete sidewalk on Linder Road abutting the entire parcel, located one-foot within the new right-of--way of Linder Road. 3. Reconstruct the two existing 20-foot wide driveways as 24 to 30-foot wide driveways with 15- foot radii pavement tapers abutting the existing roadway edge. 4. Utility street cuts in the new pavement (Linder Road) are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file number) for details. 5. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 6. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Linder Road is prohibited. Standard Requirements: 1. This decision of the Development Services Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by an owner of property within 300-feet of the parcel within 15 calender days from the date of this report. The request shall specifics lv i nti, each requirement to be reconsidered and include a written explanation of why suc a requirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calender days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. MCU3596.SLA Page 2 2. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. 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 ACRD Ordinances unless specifically waived herein. 5. 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. 6. 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. 7. 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 awaiver/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. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or 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. MCU3596.SLA Page 3 Conclusion of Law: 1. ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Development Services staff at 345-7662. Sincerely, arry S e Devel ment Services Supervisor cc: Project file Lead agency MCU3596.SLA Page 4 ~ rn ~ '. a I Q I v I c I a I~ l a ~C C N1I l o o O• p ` Soo ~ 000 ~ N 0 SOIB596ib I 2ls9Sd~ 2Cng5~^ ~ ~ M1 ^ ~/ _ c w a C 1 IOtB596itl 4 gsb 021rgs 2T OS8596itl b 9 IOSBS9~ n 0 / 0021` °o S gsb R m w ~ 0002` o °o ~ ~ 9Sb I m ~ ai a ~~~ - I c~`9Sb o I ~ a EOL2S29E ° o •69s O ~ m= .N 2EOL2S29f b S` ~+ N N S`T,t+9 a c Q I [EOL252BE ~b ~ ~ OEOL2S2BE ~- ~ c OgsssgGb , ~ / m =m 20L~2BE '^ ^ ~ I 20LL42BE T05S5S9[tl ~ a a ~ o'i0L2529f I ZOL~2BE ~ W )555S9Lbl I 2SOL2528Etl I 20L2SZBE ~ Q i I •SOS~Sg[ t{0[2528Eb SZOL2S2BE i ^ OTO[2528Etl~ I 20L252BE :55559[tl. I N . 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Idaho, Suite 100 Boise, ID 83702 (208) 345-5274 Fax (208) 345-5279 APA / Serving Governments in Ada County Since 1977 MEMORANDUM TO: Will Berg, City Clerk C~ ity of M idian FROM: Ma E Hardison, Technical Analyst DATE: December 30, 1996 JA~1- 3 1~~7 CITY OF MERIDIAN Re: Conditional Use Permit -Meridian Assembly of God Modular Buildings at 1830 North Linder Road APA staff reviewed the conditional use permit for two modular buildings at the Meridian Assembly of God located at 1830 North Linder Road and have the following comments and recommendations. This memorandum does not include recommendations regarding traffic impacts on the surrounding streets. If any traffic problems are perceived, they will be addressed by Ada County Highway District. Recommendation It is recommended a pedestrian pathway be constructed between the modular buildings and the asphalt area adjacent to the existing church. At a minimum, the pathway should be constructed with asphalt. Facts and Finding The submitted site plan shows a gravel area between the proposed location of the modular buildings and the asphalt parking area. Since pedestrians will be walking between the asphalt parking area and the proposed buildings, it is recommended that a hard surface pathway be provided between the two. Should you have any questions, please contact me. Mti:JL ivli-fiDEVRE'vrY~7WIERiDIAN~LINDER.CU pc: Sheri Stiles, City of Meridian File 540.09 City of Meridian Ada County Highway District, Ada County, Cities of Boise, Eagle, Darden City, Kuna, and Meridian Boise Auditorium District, Boise Independent School District, Meridian Joint School District, and Boise State University F,qualOpportunity/Affirmative Action F;mplover I'rint~~il un Rai )~'lo~l I'apiv' CENTRAL C •• DISTRICT ~RHEALTH DEPARTMENT DISTRICT HEALTH DEPARI~°fENT Environmental Health Division Rezone # Conditional Use # ~~/D/~ 1~~~8cy ° G~~ Preliminary /Final /Short Plat Return to: ^ Boise ^ Eagle ^ Garden city -Meridian ^ Kuna ^ Acz ~~~`ri'i~.~.. ^ I. We have No Objections to this Proposal. ~AN U , ~Q9~ ^ 2. We recommend Denial of this Proposal. ~'"~ f7F r~IiERIDI~i f;; ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: S~ central sewage ^ community sewage system ^ community water well ^ interim sewage ~-central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ t o. Street Runoff is not to create a mosquito breeding problem. ^ II ^ 12. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 15. Date: l~ 2~/ ~~ Reviewed By: [DND 10/91 ~~, n~...9: Review Sheet . Fj~j`.L 41G. ~5Y ~dRd °~~~Y ®~ ~~~3~,~i~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 30 December 1996 Wi// Berg, City C/erk City of Meridian 33 East /daho Meridian, /D 83642 RE: C. U.P./Meridian Assemb/y of God Modu/ar Bui/dings Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian /rrigation District requires that a Land Use Change/Site Deve/opment app/ication be filed for review prior to final p/atting. Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. /f any surface drainage /eaves the site, the Nampa & Meridian /rrigation District must review drainage p/ans. The deve/oiler must comp/y with /daho Code 31-3805. It is recommended that irrigation water be made availab/e to al/ deve/opments within the Nampa & Meridian /rrigation District. Sincere/y, P. ohn P. Anderson, Water Superintendent NAMPA & MER/D/AN !RR/rAT!(~N D/ST.RICT JPA: d/n pc: File -Shop Fi/e -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~I ,+~;~L4t CITY r~i+ li~i~~l ~us~a. & ~~i~td~aci ~Innigaua~ 2~~uct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 3 January 19 9 7 Phones: Area Code 208 OFFICE: Nampa 466-7861 Ed Kreiner, President Boise 343-1884 Meridian Assembly Of GOd SHOP: Nampa 466-0663 1830 North Linder Baise 345-2431 Meridian, ID 83642 RE: Land Use Change Application for Modular Buildiaas Dear Mr. Kreiner: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent City of Meridian enc. F ~,. ~ ~"a ~'~j i,., i . " APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 I~~CE1'VED JAN 2 3 t3~7 CITY OF MERIDIAN 313 So . Main St Apt. 303 Moscow, ID 83843 Planning and Zoning Commission of the City of Meridian 33 East Idaho City of Meridian 83642 RE: Conditional Use Permit to use modular buildings To Whom It May Concern: As a concerned property owner with property adjacent to the Meridian Assembly of God Church, I would like to submit my testimony as to the desirably of using modular buildings at this location which is the property of the Meridian Assembly of God Church and is land located in the SW 1/4, SW 1/4 of Section 1, T3N, RiW, Boise Meridian, Ada County, Idaho on Linder Road. My concern is one of long-term planning, aesthetics, and property values. I realize that the population of Meridian is growing at an alarming rate, and I'm sure that the reasoning behind putting up modular buildings is one of overcrowding and lack of funds for enlarging the main building. I would only agree to the use of modular buildings with these stipulations: 1.)That there be a time limit on the number of years that these modular buildings can be located on this property---possibly two to three years. At that time, there should be adequate funds to enlarge the church. If the situation is one of setbacks, then the modular buildings should not be used to override this situation. 2 .) That the conditional use permit limit the number of buildings to be used. 3.)That the conditional use permit not be automatically renewed without a hearing of property owners. 4 .) That the Assembly of God Church be required to use an experienced and licensed planner to site the buildings. I am attending the University of Idaho, therefore, my temporary address at this time is Moscow, ID Sincerely, Sharon Jarre (208-883-3875) y~ T~ ~~~i ,.,~~, BOISE, IDAHO NAMPA, IDAHO PULLMAN, WASHINGTON DESIGN WF.,ST ARCHITECTS, PA 9 TWELFTH AVENUE SOUTH NAMPA, IDAHO 83651 TEL. 208-466-4651 FAX.208-465-9822 February 20, 1997 William G. Berg Jr. City Clerk ~- -. ;: City of Meridian 33 E. Idaho St. Meridian, Idaho 83642 RE: Conditional Use Permit for Modular Buildings at Meridian Assembly of God Church. Dear Mr. Berg, Attached you will find two Site Plans for the Meridian Assembly of God project. I believe that all review comments from the Planning and Zoning Administrator to the Planning and Zoning Commission, Mayor and Council dated January 13, 1997 have been addressed in each of these Site Plans as well as the ACHD comments dated January 6, 1997. The proposed Modular Buildings would be constructed by Northwest Building Systems and would be the type used by School Districts as temporary classrooms. As I have stated previously I have attached two site plans. Site Plan "A" shows the Modular Buildings located to the east of the existing Church facility on the site as originally submitted by the Church. Site Plan "B" shows the Modular Buildings located to the south of the existing Church facility. The reason for the change shown in Site Plan "B" is threefold. First, the site sewer line is in such a location that atie-in would be considerably more convenient and less costly to the Owner. Second, there is a possibility that the Church may wish to expand with a permanent structure directly east of their existing building within the time frame that the Modular Buildings would be in use. Last and most important is the safety factor for pedestrian traffic between the buildings. If a request to relocate the Modular Buildings to the south side as shown on Site Plan "B" creates a problem with the current Conditional Use Application process then the Church will abandon that .option and proceed as originally submitted and reflected on Site Plan "A". Any consideration would be appreciated. Sincerely, James Main cc: Building Committee Church Board T~ DATE: R/1.~ ~2~7-,~Ifq PROJECT: ~~IDI~ Q^~'~.f-{~-Y OF GOF~ To: W I f-L.II~INI G . RE2 -1 I~ , G I Tom( CLE72K G I T`1 of WIC-2 f D/A-.~ GENTLEMEN: WE ARE SENDING YOU ~ ATTACHED ^ UNDER SEPARATE COVER VIA ^ SHOP DRAWINGS ^ PRINTS ^ TRACINGS ^ DESIGN WEST ARCHITECTS PA ARCHITECTURE PLANNING INTERIORS 9 TWELFTH AVENUE SOUTH NAMPA, IDAHO 83651 TEL. 208-466-4651 FAX: 208-465-9822 THE FOLLOWING ITEMS COPIES DESCRIPTION ~ b121GlI~~I_ LC-rr~le w 2 51T~ ~PI..~~IS l o ~I IL << Il ~~ ^ FOR APPROVAL ^ FOR YOUR USE ^ AS REQUESTED ^ FOR REVIEW AND COMMENT ^ NO EXCEPTION TAKEN ^ MAKE CORRECTION NOTED ^ REJECTED ^ REVISE AND RESUBMIT ^ SUBMIT SPECIFIED ITEM REMARKS 'fiU~ b~~C,1.1ED 11.~F~~-~ del ~1,~ o2W -~, -p!~ GaI.~Drn~l,~ L/5F A52 M t T ~2 Wiapvf.AlQ '(~/ILQ-t`14S lYr tMt52 t I~ ,~~ Etna i3c..~ of ~t~_~2 I-~c~t,sio-J Iti~ CouwGLL ~AG S ~cs~ TI.(~ WIA2c1~ ~ I°I91 R/iBUC.I~Se~IJC~._ IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE. SIGNED --Ji~V{h~r V~ Ff~-~I • L~ APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this ~ day of _.~~~C~ZC~ 199. COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVE VOTED VOTED VOTED VOTED VOTED DISAPPROVED FINDINGS F FACT AND CONCLUSIONS OF LAW - ~~~ .,, .. ~. ,J ~... j^ • ! MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: February 11.1987 APPLICANT: MERIDIAN ASSEMBLY OF GOD AGENDA ITEM NUMBER:_ q REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL IjSE PERMIT FOR USE OF MODULAR BUILDINGS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~~,. ~U ~f~ J~ ~~~ ~`~~~ a ~~. OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Z~g Commission January 16, 1997 Page 37 Borup: Could there be some interior screening not, I think you are referring to screening out at the road, would screened cars and everything else in there, maybe some interior fence or interior screening separate from the cars maybe a consideration. Nesmith: I just don't know how that would be done and still offer access to the parts seeing as though they are set up on a pallet rack where a heister has to come up to it. Borup: I am not sure, I thought most of it was along the building and maybe just the screen Nesmith: No, I think the only parts, because I have taken a clean up everything, the only parts that are stored and there are three pallet racks. Everything else is all clean gravel besides there are some scrap receptacles for our waste products that are developed and I separate that stuff out because we recycle all of that stuff. MacCoy: You are working with the Meridian Police Department right now though. Nesmith: Absolutely. MacCoy: I think that is your best avenue for that. Nesmith: Those guys actually do a real good job. MacCoy: We also have that concern and we (inaudible) that is one of our concerns (inaudible) Nesmith: I guess they have enough room beside the vehicle (inaudible) Johnson: Thank you, any one else? Any further comments? I will close the public hearing at this time. MacCoy: Mr. Chairman, I move that we have the Counsel prepare findings of fact and conclusions of law for this project: Oslund: Second Johnson: Motion and a second to have findings of fact and conclusions of law prepared, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM ;~: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR MODULAR BUILDINGS,-1830 NORTH CINDER ROAD, BY MERIDIAN ASSEMBLY OF GOD: Meridian Planning & Z~g Commission January 16, 1997 Page 38 Johnson: The applicant is at the podium and prepared to be sworn in. Patrick Drake, 1830 N. Linder Road, Meridian, was sworn by the City Attorney Drake: We are proposing a conditional use permit to allow two modular buildings for a three year period for additional classroom space that we need for our growth. We have had a chance to review at length the commenrts from Shari Stiles as well as the other agencies and municipalities and are willing to adhere to their recommendations. I am open for any questions that the Chairman or the Commissioners might have. Johnson: Thank you, on this January 10"' letter from Bruce Freckleton and you may have already answered this, but his concern was what are the buildings going to be used for. Will they be occupied and will there be any rest room facilities so you probably already handled that. Drake: It will be class room space and at this point in time we are not looking to have rest rooms in the buildings no. Johnson: Any storage? Drake: No Johnson: Does anyone else have any questions? MacCoy: Yes I do, looking at, where you plan to locate this is that area before you get to your portables is that an asphalt paving already existing? Drake: There is asphalt paving, then there is a space of gravel and then (here is the cleared grass area. We are looking to put the modular buildings in the grass area and as per the comments of the City we would go ahead and construct an asphalt sidewalk for people to have access to the two new buildings yes sir. MacCoy: What about the handicapped code requirements, what are you going to do about that? Drake: We would meet all of the codes with ramping, etc. MacCoy: Hand rails and the whole works, you are going to have handicapped parking back there so you can handle that and that it is (inaudible) Drake: To the best of my knowledge yes. Meridian Planning & Z~g Commission January 16, 1997 Page 39 MacCoy: And just from the information it is, I guide you to the stand point to look at the actual documents for that because there have been so many things happening both in Boise as well as Eagte and here where they make the parking space width which everybody assumed that is fine for the .handicapped. They forget the fact that they, some of those vans have side loading and you need the extra space for that. Also the location of the parking things so that if a person gets of that van or car or what have you they don't have to cross any time of car traffic. Just curious, once you have had the use of these two portables what is your future use of these? Drake: To go ahead and move those off campus. At this point in time the church has grown so fast that the space is really not adequate with the land we own. We hope to move within the next two years, so we would physically take them with us and probably put them on a slab for permanency. MacCoy: That was one of the questions that came in from some of your neighbors as to what you were going to do with a portable forever and ever. Drake: We thought it would be pertinent to put a specific time period on it and we actually propose a three year period in writing when we first submitted it sir. Oslund: Just a point of interest, once this expires, what is the mechanism for expiration of the conditional use permit? Stiles: We will send in the police department. Drake: Subtle but effective. Oslund: I trust these guys don't get me wrong, we have not seen one of these and I am just wondering how a temporary permit operates like that. Just send them a letter and say the time is up. Stiles: I imagine that is what we would do. Oslund: Let's say their plans changed and they decided they wanted an extension, that is something that would have to come back to P & Z or is it something handled by staff or Council? MacCoy: It would go back through the Planning and Zoning Commission if it is going to change the conditional use permit. Drake: I think there is a comment also on this one that is dated the 13`h item 6, there is an annual review process as well I believe. Stiles: If they start getting unruly Meridian Planning & Z~g Commission January 16, 1997 Page 40 MacCoy: (Inaudible) Borup: Just a question, ACRD had quite a few requirements, you said you did review all of them? Drake: We had an opportunity to meet with them in person went through the list with them and we had an opportunity to meet with them in person and went through the list with them and we are willing to do the improvements they requested. Borup: They had quite a list. And just out of curiosity, you said you were running out of space there. It looks like on the submittal that you have a lot of area behind that you use now, does the church own that property also? Drake: It is not being used at all right, it is just open field. Borup: There is room there for future expansion though, I am just curious why moving rather than utilizing that land. Drake: We have done our demographics already and have taken a look at it and in due diligence there doesn't appear to be enough parking and adequate space to build a larger facility in the future. We run three morning services that are completely full, we definitely need to build a new building soon. So we hope to start on that with the various municipalities. We will probably just, we are looking to negotiate with land that is right on that same street about a mile further north and get to a larger campus. Like the valley the church has grown real fast as well. MacCoy: Back to your existing (inaudible) those two light poles that are shown at the top of your plan, the (inaudible) Drake: Yes they are MacCoy: I am just curious how much of your existing building what is your seating capacity (inaudible) Drake: I am not sure that 1 can answer that question for you sir. The three services that we have that are full I believe the capacity is about 300 people. For each sitting for each service in the auditorium itself. MacCoy: That is on chairs. Drake: No we do have pews. MacCoy: Commendable. Meridian Planning & ~ng Commission January 16, 1997 Page 41 Johnson: Anybody else? Thank you very much sir? Anyone else from the audience? Brian Goold, 1497 Storey Street, Meridian, was sworn by the City Attorney. Goold: I just have a small comment to make. I moved into Meridian at that address about 3 '/ years ago, my house at that time appraised for $82,900. If you are not familiar with Storey Street it does not have curbs, it is not a very attractive street as those that are being built today in the subdivisions. My~ house is probably one of the few that have not appreciated in fact it has depreciated. The current value is $81,900. In the City of Meridian I think that is terrible. Johnson: Unusual Goold: Everybody else is appreciating three to five to six to ten thousand a years and mine is going down. Apart of that I believe is from the acceptance of the Smith's that has been put in or approved down the street. And I have a problem with a temporary buildings right there in my back yard. Basically my backyard opens up into a farmer's field which is next to this church. I believe it would be a discredit to those homeowners that live on Storey Street to allow more of their property values to decrease. Our street has homeowners only on one side and that is the side that borders the view of this church. Those are my comments. I sure would hope that you would take those into consideration. I am in a flux I guess, I am in a hole somewhere in Meridian that everything is going backwards where the rest of the City is going forwards. Johnson: I appreciate your comments and ~ I apologize for assuming what your comments were going to be. I would be interested in the source of your evaluation that is all for my own curiosity. Goold: 1 find that portables are unsightly. Johnson: I am sorry my question is how did you arrive at the devaluation of that source is what I am asking. Goold: My next door neighbor currently has actually two houses down sold his house for $79,900 it is the same equivalent square footage. The only thing my house has that is different than his is mine does have air conditioning and a finished garage. My next door neighbor right .next to me is selling his house for $80,900. When I bought the property 3'/ years ago it was worth more than that. Johnson: I was wondering if there was a current appraisal or just what the market is dictating. Meridian Planning & ~ng Commission January 16, 1997 Page 42 Goold: Well all of the houses on that street are nab like the ones you talked about earlier today. They are anywhere from 1000 to 1200 square feet, 1250 I think is the biggest of them all. It is for small families that are first time home buyers. Why buy a first time home if you can't get out of it. Currently if I were to sell my house today I would lose money just on selling cost. I wouldn't be able to pay off the mortgage to get out of the house. That is not what a starter home is imr, starter home is for you to build equity and to take the next stair step up to the next level of the home. It is not happening on Storey Street. One of our problems that we have noticed in the last 3'/z years is that when the street was constructed the lots were too small, your houses are very close together with one another. Also the street itself is not very well, when it adjoins to Linder you cannot see the street sign. If ymu were to come from Ustick and drive down Linder you will miss Storey Street because you v~n't see the sign or the entrance. Then when you do get on the errtrance it is not paved all the way to the edge. It is paved in the center, but on both edges where you are coming in or going out it is gravel and it is muddy and it is -dirty and whenever it rains or snows or whatever it looks disgusting. Johnson: Those are. exactly the type of things we are trying to avoid. And some of our comments earlier regarding the application number 1 tonight was (End of Tape) Goold: Believe you me, I am in the financial industry and I have had clients that live in subdivisions that are adjoining us and with similar square footage and similar amenities and their houses are $92,000 to $95,000 is what the are selling and refinancing their homes for. Like I said I am stuck in this hole and I have nothing against a person's faith or how they worship. I think it is great that the church is growing, I think it is great that he has three full services but I would be more inclined to vote in the affirmative if he was increasing the size of his building and maybe those were temporary portables for maybe six months. But for maybe three years it is basically permanent in my sight. I don't believe those portables will help my property vakre at all. Borup: Can I assume that your taxes have gone down as well? Goold: No my taxes have gone up. In fact my taxes Have gone up every year, and the one year that we declined the school district increase then we turned around and got a 10% increase on our assessment values. So it didn't matter if you voted for it or not you were going to get an increase in your taxes that year. Borup: So apparently the County assessor Goold: Doesn't like me either. Borup: Has not agreed with their evaluation. Meridian Planning & ~ng Commission January 46, 1997 Page 43 Johnson: Any further comments or questions? Thank you very much, do you have a last comment? Drake: In reference to the gentleman's comments, 1 am sorry that has been the case, I don't think we are related to that. We purchased a four acre parcel of land between Story Street and the existing facilities which we have. no plans to develop whatsoever so there is a four acre buffer. I don't know if 1 can approach the Commission to show a copy of the plat book as to where Storey street is related to our existing structures. The two modular buildings we are looking to construct would be the same company that builds the modular structures for the school board. They are going to be attractive buildings, we won't be there three years. We will be good neighbors in the mean time but we will be moving fairly soon. Johnson: I appreciate those comments, at this point I will close the public hearing. MacCoy: Mr. Chairman, I move that we have the Counsel prepare findings of fact and conclusions of law for this project. Oslund: Second Johnson: Motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Oslund: Mr. Chairman, I move that we adjourn this little soiree, this meeting. MacCoy: Second Johnson: Motion and a second to adjourn, all those in favor? Opposed? MOTION CARRIED: A1I Yea MEETING ADJOURNED AT 9:37 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ~~Iq~ JIM OHN ON AIRMAN ~~ Meridian Planning & Z~g Commission January 16, 1997 Page 44 ATTEST: WILLIAM G. BERG, JR., ``` ``', ~ 111 I t n ! ~ uy 1 i ~ , , ,,, ~ /. ,````,` `~ ~ e~R~r''~i • ~'` r RK ~ ~° ~~~L ~ ~ ,.~: ~~~~~/1!1111 (11111111,, ~ ~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: January 16.1997 APPLICANT: MERIDIAN ASSEMBLY OF GOD AGENDA ITEM NUMBER: 6 REQUEST: CONDITIONAL USE PERMIT FOR MODULAR BUILDINGS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS P`~ ~I~ ~~~~ c~~~ ~~ SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. L oc~no SHERRY R. HUBER, President SUSAN S. EASTLAKE. Vice President JAMES E. BRUCE, Secretary January 6, 1997 Meridian Assembly of God 1830 N. Linder Road Meridian, Idaho 83642 Re: Staff Level Approval MCU-35-96 Facts and Findings: 1830 N. Linder Road Two modular buildings A. The Ada County Highway District (ACHD) staff has received he above referenced application requesting conditional use approval to construct two modular buildings totaling 4,000-square feet on an existing church site. The 12.6-acre: ite is located on the east_side of Linder Road approximately 320-feet north of Cherry Lane. This development is estimated to generate 40 additional (390 total) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. This is assuming that there is not. a day care facility operating at the church facility. B. The application and site plan received by the City--of Meridian, and submitted to the District on December 17, 1996, have been reviewed by the ACHD Development Services staff and conforms to applicable District standardslpolicy, or can be made to conform with the change(s) to the plan described in the. requirements stated below. This item will not be heard' by the ACRD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Development Services staff decision is submitted as described within the Standard Requirements outlined below. The following requirements are provided as recommendations for conditions of approval to City of Meridian: Site Specific Requirements: 1. Dedicate 45-feet of right-of--way from the centerline of Linder Road abutting the parcel (20 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for this additional right-of--way from available impact fee ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 ~ • revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2. Construct a 5-foot wide concrete sidewalk on Linder Road abutting the entire parcel, located one-foot within the new right-of-way of Linder Road. 3. Reconstruct the two existing 20-foot wide driveways as 24 to 30-foot wide driveways with 15- foot radii pavement tapers abutting the existing roadway edge. 4. Utility street cuts in the new pavement (Linden Road) are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file number) for details. 5. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 6. Other than the access point(s) specifically approvedwith-this application, direct lot or parcel access to Linder Road is prohibited. Standard Requirements: `- This decision of the Development Services Supervisor may be appealed to the Ada County Highway District Commission by the applicant.or by an owner of property within 300-feet of the parcel within 15 calender days from the-date_of this report. The request shall specifically L =. «„o,.r t.. hP ,-Prnnc;dered'and include a written explanation of why such a iQenL1I~ Gdl.ll 1G~~S~lla.au~.u~ w rgq»irement would result i^. a s~Wbst?nr;?1 hardshm°or meaurtv. The request will be heard by the District Commission at an evening meeting within 20 calender days of the District's receipt of the appeal letter. The appellant wi1T`be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the-Development Services Supervisor within two dah 1 f the action and shall include a minimum fee of X110.00. The request for r consilerati~n s identify each requirement to be reconsidered and incl-tderwritten docum The request for was not available to th, ('onLmiscion at the tLrrse ~f it's reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and. time of the Commission meeting at which the reconsideration will be heard. MCU3596.SLA Page 2 ~ • 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road impact Fee Ordinance. 4. 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 ACRD Ordinances unless specifically waived herein. 5. 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. 6. 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. 7. 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 intentto_change the:planned use of the subject property unless awaiver/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. ;,-.:~;' 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or 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. MCU3596.SLA Page 3 • • Conclusion of Law: 1. 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