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Chuch of God 7th Day CUP H-2016-0026CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0026 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for modification to an existing Conditional Use Permit for a the purpose of altering the approved building materials for an accessory structure for Church God 7 th Day, located at 1827 NW 3 rd Street in the R-8 Zoning District, by Glenn Walker, Neudesign Architecture. Case No(s). H-2016-0026 For the Planning & Zoning Commission Hearing Date of: April 7, 2016 (Findings on April 21, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 7, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 7, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 7, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 7, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this decision, which shall be signed by the Chairman of the Commission and City Clerk and then a copy served by the Clerk CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0026 Page 2 upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of April 7, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning & Zoning Commission’s authority as provided in Meridian City Code § 11- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for modification to an existing conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of April 7, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City in accord with UDC 11-5B-6F.1. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.F.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff report for the hearing date of April 7, 2016 Exhibit A Church of God 7 th Day - A-2016-0026 PAGE 1 STAFF REPORT Hearing Date: April 7, 2016 TO: Planning & Zoning Commission FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Church of God 7 th Day – MCU (H-2016-0026) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Neudesign Architecture, has applied for a modification to the existing conditional use permit (CUP in 1997) for the purpose of altering the building materials for the accessory structure from the canvas walls to prefabricated steel panels. The subject property is 6.34 acres of land in the R-8 zoning district. See Section IX Analysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MCU with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning and Zoning Commission heard this item on April 7, 2016. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Glenn Walker ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. None c. Key Commission Changes to Staff Recommendation: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2016-0026 as presented in the staff report for the hearing date of April 7, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2016-0026 as presented during the hearing on April 7, 2016, for the following reasons: (You should state specific reasons for denial and what the applicant could do to gain your approval with another application.) Exhibit A Church of God 7 th Day - A-2016-0026 PAGE 2 Continuance I move to continue File Number H-2016-0026 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 1827 NW 3 rd St., in the southeast ¼ of Section 1, Township 3 North, Range 1 West B. Owner(s): General Council Churches of God 1827 NW 3 rd Street Meridian, ID 83642 C. Applicant: Glenn Walker, Neudesign Architecture 725 E. 2 nd Street Meridian, ID 83642 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit modification. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: March 21 and April 4, 2016 C. Radius notices mailed to properties within 300 feet on: March 10, 2016 D. Applicant posted notice on site by: March 29, 2016 VI. LAND USE A. Existing Land Use(s) and Zoning: The site is developed with multiple structures that are used for religious worship. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Single Family Residential properties, zoned R-4 East: Undeveloped land, zoned RUT (Ada County) South: Commercial property, zoned L-O West: Manufactured Home Park, zoned R-8 C. History of Previous Actions: • In 1997, a conditional use permit (CUP-09-97) was approved to allow the construction of an 84 foot by 60 foot wide metal building with canvas sides. D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains to provide service to this project currently exist. Exhibit A Church of God 7 th Day - A-2016-0026 PAGE 3 b. Location of water: Water mains to provide service to this project currently exist. c. Issues or concerns: None. E. Physical Features: 1. Canals/Ditches Irrigation: The Settlers Canal runs along the northeast corner of this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site is not within the flood plain. VII. COMPREHENSIVE PLAN The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (MDR). MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). Religious worship is an approved use within the R-8 zoning designation, as well as the MDR Comprehensive Plan designation. The existing and future use of this site with a steel structure was deemed consistent with the Comprehensive Plan and approved through a conditional use permit (CUP-09-97) in 1997. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics ): • “Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services. “ (3.04.01H) Staff has received comments from other city departments on this application. The Building Division and the Fire Department indicated that the property will need to meet the various requirements of the International Fire Code and International Building Code. • “Designate land for a variety of uses.” (3.05.01H) This parcel has various buildings located on it, including this existing building that is used for an annual camp service. • “Promote area beautification and community identity through building and site design, signs, and landscaping.” (2.01.04G) Staff feels that the site is underdeveloped for the type and size of use located on the property. Staff feels that the applicant should install additional parking and landscaping in the areas where additional asphalt is being added as part of this application.The site will need to meet the requirements of UDC11-3A-19, which are the site design standards, as well as UDC 11- 3B, which contain the landscaping standards. Specifically these standards set forth the standards and requirements for parking lots and parking lot landscaping. Exhibit A Church of God 7 th Day - A-2016-0026 PAGE 4 VIII. UNIFIED DEVELOPMENT CODE The UDC (11-5B-6G.3) requires modifications to existing conditional use permits to be considered by the Planning and Zoning Commission at a public hearing. The Commission may modify the conditions, limitations and/or scope of the permit, in accord with the limitations and requirements of subsection F in UDC 11-5B-6. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The applicant requests a modification to the conditional use permit (CUP) approved in 1997 for the General Council Church of God 7 th Day steel building with canvas walls. The building is used for a one week period during the year for their annual camp meeting, so its use is very limited. The church use is currently established on the site. The modification to the existing conditional use permit is solely related to the type of building material that is approved for the structure. The site plan included in Exhibit A.2 shows the footprint of the existing building. The building will not be enlarged or moved as a part of this application. New paving is also depicted on the submitted site plan. Staff recommends that this area, not only be paved, but also be improved with additional parking in accord with the standards set forth in UDC Table 11-3C-5. Further, staff recommends that a bike rack, capable of supporting 10 bikes, be installed within the new parking area. Because staff is recommending that additional parking be added with the subject application the new parking area must also comply with the landscape standards set forth in UDC 11-3B-8C. With the submittal of the certificate of zoning compliance application, the site plan shall be revised to include the requested changes. The applicant will also be required to obtain certificate of zoning compliance (CZC) and design review (DES) approval for the design of the site. The site will need to meet the requirements set forth in the UDC 11-3A-19. Administrative design review (review of the architectural standards) for the building will not be required, because the property is screened from vision from all adjacent properties. The applicant will need to coordinate with the Building and Fire Departments to ensure that the proposed building will meet the current fire and building codes. In summary, staff recommends approval of the application with the conditions included in Exhibit B of the staff report. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Proposed Site Plan (dated: 02/22/16) 3. Proposed Elevations (dated: 02/22/16) B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code Exhibit A Church of God 7 th Day - A-2016-0026 PAGE 5 Exhibit A.1: Vicinity/Zoning Map Exhibit A Church of God 7 th Day - A-2016-0026 PAGE 6 Exhibit A.2: Proposed Site Plan (dated: 02/22/16) Exhibit A Church of God 7 th Day - A-2016-0026 PAGE 7 Exhibit A.3: Architectural Elevations (dated: 02/22/16) Exhibit A Church of God 7 th Day - A-2016-0026 PAGE 8 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with all previous conditions of approval associated with this site (CUP-1997). 1.2 The applicant shall submit a Certificate of Zoning Compliance and Administrative Design Review application for approval of the site layout. The new parking area must comply with the applicable design standards listed in UDC 11-3A-19. The proposed changes to the building materials are not subject to design review standards due to its limited visibility from the adjacent properties. 1.3 The site plan prepared by neUdesign Architecture, dated 02/22/16, must be revised with the submittal of the CZC application as follows: a. The new paved area depicted on the site plan must be improved with additional parking in accord with the standards set forth in UDC Table 11-3C-5. b. Install a bike rack, capable of supporting 10 bikes, within the new parking area. c. Additional parking shall be depicted on the site plan to accommodate the existing buildings on the site. d. The new parking area shall comply with the landscape standards set forth in UDC 11-3B-8C. e. The site shall meet the requirements for parking lots that are set forth in UDC 11- 3A-19. 1.4 The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 1.5 Staff’s failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no concerns with this application. 3. FIRE DEPARTMENT 3.1 The applicant shall to coordinate with the Fire Department to ensure that the proposed building will meet the current fire codes. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to this application. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 ACHD has no comments on this application. Exhibit A Church of God 7 th Day - A-2016-0026 PAGE 9 7. PARKS DEPARTMENT 7.1 The Parks Department did not submit comments on this application. Exhibit A Church of God 7 th Day - A-2016-0026 PAGE 10 C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the subject property is large enough to accommodate the future use and the dimensional & development regulations of the applicable districts (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the planned use of the property is consistent and harmonious with the UDC and Comprehensive Plan. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that if the applicant complies with the conditions outlined in this report, the existing and future development should be compatible with other commercial uses in the area and should not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the future use on the site will not adversely affect other property in the area. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently provided to the subject property. The Commission finds that the proposed use will be served adequately by all of the public facilities and services listed above. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and nor will they be detrimental to the community’s economic welfare. Exhibit A Church of God 7 th Day – MCU H-2016-0026 PAGE 11 g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Staff finds the existing and planned use of the site will not be detrimental to any persons, property or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, staff finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance.