Meridian High School Auditorium H-2018-0101 CUPCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). [H-2018-0081]
Page 1
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for a conditional use permit to construct a new 31,922 square foot
auditorium addition to the existing Meridian High School and another conditional use permit to
extend the use of the non-conforming parking area along W. Pine Avenue in an R-4 zoning district
for Meridian High School Auditorium, Located at 1900 W. Pine Avenue, by Scott Hanson.
Case No(s). H-2018-0101
For the Planning & Zoning Commission Hearing Date of: October 4, 2018 (Findings on October 18,
2018)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of October 4, 2018, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of October 4, 2018, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 4, 2018,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of October 4, 2018, 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
Meridian City Council Meeting Agenda October 18, 2018 – Page 101 of 194
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). [H-2018-0081]
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 October 4, 2018, 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 conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of October 4, 2018, 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 October 4, 2018
Meridian City Council Meeting Agenda October 18, 2018 – Page 102 of 194
Baction of the Planning & Zoning Commission at its regular meeting held on the day of
2018.
COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED��
COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN VOTED
COMMISSIONER STEVEN YEARSLEY VOTED
COMMISSIONER GREGORY WILSON VOTED Aye
COMMISSIONER LISA HOLLAND VOTED
COMMISSIONER WILLIAM CASSINELLI VOTED
COMMISSIONER JESSICA PERREAULT VOTED
mel-, Chairman
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Attest:
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&-Jay Col
, ity Clerk
Copy served upon the Applicant, the Planning and Development Services divisions of the Community
Development Department, the Public Works Department and the City Attorney.
By:0�W-UIN Dated:
City lerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). [H -2018 -*"41
0101
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Page 3
Exhibit A
Meridian High School Auditorium – H-2018-0101 PAGE 1
STAFF REPORT
Hearing Date: October 4, 2018
TO: Planning & Zoning Commission
FROM: Josh Beach, Associate City Planner
208-884-5533
SUBJECT: Meridian High School Auditorium – H-2018-0101
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, LCA Architects, has applied for two (2) conditional use permits (CUP) for the
following:
1) construct a new 31,922 square foot auditorium addition to the existing Meridian High School in
an R-4 zoning district and
2) extend the use of the non-conforming parking area along W. Pine Ave. See Section IX Analysis
for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP applications with the conditions listed in Exhibit B,
based on the Findings of Fact and Conclusions of Law in Exhibit C.
The Meridian Planning and Zoning Commission heard this item on October 4, 2018. At the
public hearing, the Commission moved to approve the subject conditional use permit requests.
a. Summary of Commission Public Hearing:
i. In favor: Scott Hansen
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application:
vi. Other staff commenting on application: Bill Parsons
b. Key Issues of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. The location of the additional landscaping proposed by the applicant.
d. Key Commission Changes to Staff Recommendation:
i. Remove conditions 1.4.2 and 1.4.3
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2018-
0101, as presented in the staff report for the hearing date of October 4, 2018, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0101,
as presented during the hearing on October 4, 2018, for the following reasons: (You should state
specific reasons for denial.)
Meridian City Council Meeting Agenda October 18, 2018 – Page 104 of 194
Exhibit A
Meridian High School Auditorium – H-2018-0101 PAGE 2
Continuance
I move to continue File Number H-2018-0101 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:
1900 W. Pine Avenue (Parcel No. S1211141841)
Located in the northeast ¼ of Section 11, Township 3 North, Range 1 West
B. Owner(s):
Meridian Joint School District No. 2
2301 E. Lanark Street
Meridian, ID 83642
C. Applicant/Representative:
Scott Henson, LCA Architects
1221 Shoreline LN.
Boise, ID 83702
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. A public hearing is required before the
Planning & Zoning Commission on this application, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: September 14, 2018
C. Radius notices mailed to properties within 300 feet on: September 7, 2018
D. Posted to Next Door: September 10, 2018
E. Applicant posted notice on site(s) on: September 20, 2018
VI. LAND USE
A. Existing Land Use(s) and Zoning: The site is currently zoned R-4 and is developed with a public
high school.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This is a school site that is
surrounded by residential properties.
North: Baseball field and residential properties in Vineyards Subdivision, zoned R-4
West: Rural residential/agricultural property, zoned RUT in Ada County
South: School property, Pine Avenue, & residential properties in Merrywood Subdivision, zoned
R-8
East: School property, zoned R-4
C. History of Previous Actions: Over the years multiple applications have been approved for the site.
Below are the more recent applications regarding the property:
1. CZC-01-009 – Meridian High School Cafeteria and classroom addition;
2. AZ-05-059, CUP-05-053 and VAR-06-003 – Annexation and conditional use permit to
Meridian City Council Meeting Agenda October 18, 2018 – Page 105 of 194
Exhibit A
Meridian High School Auditorium – H-2018-0101 PAGE 3
develop the Tech Center. This building was constructed on a separate parcel owned by
the school district.
3. CZC-06-022 –Meridian High Tech Center (59,279 sf).
4. CUP-12-015/MCU 15-002 – Meridian High School building expansion (51,855 sf).
5. CZC-12-035 – Meridian High School Tennis Facility (167 sf).
6. CZC-12-054 – Meridian High School Central Plant Addition (2,056 sf).
7. CZC-14-025 – Meridian High School Class room Addition (10,511 sf).
8. A-2017-0048 – The school was approved for a parking lot expansion.
9. A-2018-0084 – Meridian High School Diesel Addition (3,220 sf).
D. Utilities:
1. Public Works:
a. Location of sewer: Existing utilities are located on site.
b. Location of water: Existing utilities are located on site.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Rutledge Lateral runs across this site but is tiled. The Nine
Mile Creek transverses the north boundary.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property is not within the floodplain.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated “Civic” on the Comprehensive Plan Future Land Use Map. Per the
Comprehensive Plan (page 34), these areas are designated to provide areas throughout the Area of
Impact which provide educational opportunities, community gathering places, and green space.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
Encourage compatibility of schools uses with neighborhoods and adjacent land uses (Chapter 3,
pg. 46).
Since the school use of the site is not changing, staff is of the opinion that the expansion should
have minimal impact on the surrounding residential uses. The proposed addition is internal to the
site.
Ensure that facilities and services keep up with growth (Chapter 3, pg. 46).
The property is currently developed with a public high school. The proposed addition is needed to
provide additional classroom space to meet the educational needs of the school.
Permit new development only where urban services can be reasonably provided at the time of
final approval and development is contiguous to the City. (Chapter 3, pg. 45)
The site is already connected to city services. The building addition should not impact the
services being provided to this site.
Meridian City Council Meeting Agenda October 18, 2018 – Page 106 of 194
Exhibit A
Meridian High School Auditorium – H-2018-0101 PAGE 4
Encourage Infill Development. (Chapter 3, pg. 50)
The proposal is an expansion of the existing Meridian High School Campus. The site is 33 acres
in size and accommodates the proposed expansion.
VIII. UNIFIED DEVELOPMENT CODE
A. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted,
accessory, conditional, and prohibited uses in the R-4 zoning district. Expanding the footprint of
the building requires obtaining a conditional use permit.
B. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-5 for the R-4
zoning district apply to this site.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The applicant requests conditional use approval to construct a new 31,922 square foot building
addition to Meridian High School. The proposed addition will be placed in the existing courtyard
and will consist of an auditorium, a new lobby, new restrooms, a prop shop, dressing/make-up
rooms and a new band room. Because the education facility is expanding, the UDC requires the
approval of a conditional use permit.
Per UDC Table 11-2A-2, a CUP is required for the proposed addition to the Public Education
Institution, subject to specific use standards listed 11-4-3-14, in the R-4 zoning district.
Specific Use Standards: There are specific use standards listed in UDC 11-4-3-14, Education
Institution that apply to the proposed use. If approved, the proposed use is required to comply
with the standards pertaining to accessory uses and portable classrooms, as applicable.
Non-conforming use: As noted below, Meridian High School has had several additions and
improvements made to the site over many years; some pre-date the adoption of the UDC. Due to
the number of improvements after the adoption of the UDC, the landscape ordinance requires
some of the site to be brought up to meet current landscape standards.
Specifically, UDC 11-3B-2D requires compliance with the landscape ordinance if the building on
the site expands beyond certain thresholds. Because of the number of additions after 2005 is
Meridian City Council Meeting Agenda October 18, 2018 – Page 107 of 194
Exhibit A
Meridian High School Auditorium – H-2018-0101 PAGE 5
approximately 49% of the existing structures on the site (114,354/230,363 square feet), perimeter
and right of way landscaping is required to be installed. With several of the expansions to the site,
the applicant has incrementally increased landscaping to the site to comply with UDC standards.
The two (2) areas that don’t currently meet UDC standards is a portion of the parking area along
Pine Ave. and a portion of the site on the east boundary, north of the bus access along Linder
Road.
Per UDC 11-1B-4, the applicant has submitted a conditional use permit to allow the school to
extend the use of the non-conforming parking lot along Pine Ave. to maintain the current parking
stalls constructed on the site. As an alternative, the applicant is recommending the following
improvements to the site:
1. Construct a new 25 foot wide buffer with (39) 2 inch caliper trees along N. Linder Road.
2. Construct a new 5 foot wide landscape buffer between the parking lot and the adjoining
property to the west (the Seminary) with (8) 2 inch caliper trees.
3. The new trees planted around the new auditorium will include 5 inch caliper trees where
possible for a total of 52 new caliper inches.
4. Because the applicant is proposing to add additional landscaping to the site, staff is
supportive of the alternative landscape improvements as noted above. Staff highly
recommends once this parking are is scheduled for replacement that the School District
reconstruct this parking area in accord with UDC standards.
Tree Mitigation: Due to the proposed building expansion, several of the mature trees in front of
the school may be relocated or removed. The applicant is coordinating with the City Arborist to
determine which trees need to be mitigated. The submitted landscape plan must detail the
mitigation plan coordinated with the City Arborist and demonstrate compliance with the tree
mitigation standards in accord with UDC 11-3B-10.
Parking: The applicant has provided a parking analysis to ensure the site has adequate parking in
accord with the parking standards in the UDC. Under the UDC, non-residential uses require 1
stall per 500 square feet of gross floor area. Currently, the site is developed with 894 parking
stalls which exceed the minimum of 746 parking stalls required by code.
Multi-use Pathway: The City’s pathways Master Plan has had a multi-use pathway designated
along the south side of the Nine Mile Creek since at least 2010 when the Meridian Pathways
Master plan was adopted. Since that time, several CZC’s have been approved for the site and no
improvements have been made in terms of constructing the multi-use pathway. Staff is of the
opinion that requiring the pathway and associated landscaping may not be feasible with this
application, but that obtaining a pathway easement will set up the construction of the pathway
with a future Certificate of Zoning Compliance.
Building Elevations: The primary building material of the existing school is brick. The
applicant is proposing a more contemporary design that includes horizontal metal paneling,
decorative metal screening panels and glass. Staff is of the opinion that the proposed addition will
add a modern touch to the existing building and complement other structures (tech building to the
west) developed near the site.
Certificate of Zoning Compliance: The applicant is required to submit an application for
Certificate of Zoning Compliance for the proposed use prior to establishment of the new use in
accord with UDC 11-5B-1.
Design Review: The applicant is required to submit an application for Design Review concurrent
with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8.
Meridian City Council Meeting Agenda October 18, 2018 – Page 108 of 194
Exhibit A
Meridian High School Auditorium – H-2018-0101 PAGE 6
Staff recommends approval of the applicant’s request subject to the conditions of approval listed
in Exhibit B.
Meridian City Council Meeting Agenda October 18, 2018 – Page 109 of 194
Exhibit A
Meridian High School Auditorium – H-2018-0101 PAGE 7
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning & Aerial Map (dated 8/22/2018)
2. Proposed Site Plan (dated 8/22/2018)
3. Landscape Plan (dated 8/22/2018)
4. Proposed Elevations (dated 8/22/2018)
B. Conditions of Approval
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
Meridian City Council Meeting Agenda October 18, 2018 – Page 110 of 194
Exhibit A
Meridian High School Auditorium – H-2018-0101 PAGE 8
Exhibit A.1: Vicinity & Aerial Map (dated 8/22/2018)
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Meridian City Council Meeting Agenda October 18, 2018 – Page 111 of 194
Exhibit A
Meridian High School Auditorium – H-2018-0101 PAGE 9
Exhibit A.2: Proposed Site Plan (dated 8/22/2018)
Meridian City Council Meeting Agenda October 18, 2018 – Page 112 of 194
Exhibit A
Meridian High School Auditorium – H-2018-0101 PAGE 10
Exhibit A.3: Landscape Plan (dated 8/22/2018)
Meridian City Council Meeting Agenda October 18, 2018 – Page 113 of 194
Exhibit A
Meridian High School Auditorium – H-2018-0101 PAGE 11
Exhibit A.4: Elevations (dated 8/22/2018)
Meridian City Council Meeting Agenda October 18, 2018 – Page 114 of 194
Exhibit A
Meridian High School Auditorium – H-2018-0101 PAGE 12
B. Conditions of Approval
1. PLANNING DIVISION
1.1 The site plan, landscape plan and building elevations prepared by LCA Architects (dated
8/22/2018) contained in Exhibit A are approved with the comments and conditions in this report.
1.2 The applicant shall have the continuing obligation to meet the specific use standards for the
approved education institution use as set forth in UDC 11-4-3-14.
1.3 The existing trees that are proposed to be removed on the site plan shall comply with the
standards for mitigation listed in UDC 11-3B-10C.5.
1.4 The applicant is not required to install the 25-foot wide landscape buffer along Pine Ave, if the
Commission approves conditional use permit to allow the extension of the non-conforming
parking area. The applicant shall install the following landscaping as part of their project :
1. Construct a new 25 foot wide buffer with (39) 2 inch caliper trees along N. Linder Road.
2. Construct a new 5 foot wide landscape buffer between the parking lot and the adjoining
property to the west (the Seminary) with (8) 2 inch caliper trees.
3. The new trees planted around the new auditorium will include 5 inch caliper trees where
possible for a total of 52 new caliper inches.
1.5 The applicant shall submit an application for Certificate of Zoning Compliance for the proposed
use prior to establishment of the new use in accord with UDC 11-5B-1.
1.6 The applicant shall submit an application for Design Review concurrent with the Certificate of
Zoning Compliance application in accord with UDC 11-5B-8.
1.7 The applicant shall have a maximum of two (2) years to commence the use as permitted in accord
with the conditions of approval listed above. If the use has not begun within two (2) years of
approval, a time extension may be requested in accord with UDC 11-5B-6F prior to expiration. If
a time extension is not requested or granted and the CUP expires, a new conditional use permit
must be obtained.
1.8 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
1.9 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC
11-2-A-5.1.10 The applicant shall coordinate with the Parks Department on the desired location
of a pedestrian pathway easement on the south side of the Nine Mile Creek and prior to obtaining
a certificate of occupancy for the addition, shall record a pedestrian pathway easement.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer and water service for this proposed expansion will come from existing mains
located on site. Record drawings will be required prior to a Certificate of Occupancy is issued.
3. FIRE DEPARTMENT
3.1 The Fire Department did not submit comments on this application.
4. POLICE DEPARTMENT
4.1 The Police Department did not submit comments on this application.
5. REPUBLIC SERVICES
Meridian City Council Meeting Agenda October 18, 2018 – Page 115 of 194
Exhibit A
Meridian High School Auditorium – H-2018-0101 PAGE 13
5.1 Republic Services has no comments related to this application.
6. ADA COUNTY HIGHWAY DISTRICT
7. PARKS DEPARTMENT
7.1 The Parks Department has no comments related to this application.
Meridian City Council Meeting Agenda October 18, 2018 – Page 116 of 194
Exhibit A
Meridian High School Auditorium – H-2018-0101 PAGE 14
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.
Commission finds that the subject property is large enough to accommodate the proposed use
and dimensional and development regulations of the R-4 district. (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.
Commission finds that the proposed use is consistent with the Comprehensive Plan future
land use map designation of Civic for this site. Further, Commission finds the proposed use
of the site is consistent with the Comprehensive Plan in that the proposed addition of the
school facility will assist in keeping up with growth in the City.
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.
Commission finds that if the applicant complies with the conditions outlined in this report,
the expansion of the use should be compatible with other uses in the general neighborhood
and with the existing and intended 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.
Commission finds that if the applicant complies with the conditions outlined in this report,
the expansion of the use will not adversely affect other properties in the area. The
Commission relied upon any public testimony provided to determine if the development
would adversely affect other properties in the vicinity.
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.
Commission finds that the expansion of the 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.
If approved, the applicant will be financing any improvements required for the expansion of
the use. Commission finds there will not be excessive additional requirements at public cost
and that the proposed use will not be detrimental to the community’s economic welfare.
Meridian City Council Meeting Agenda October 18, 2018 – Page 117 of 194
Exhibit A
Meridian High School Auditorium – H-2018-0101 PAGE 13
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.
Commission finds the expansion of the use will not involve any of the above listed activities
or processes that would be detrimental to persons, property, or the general welfare.
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.
Commission finds the expansion of the use will not result in the destruction, loss or damage
of any natural, scenic or historic feature.
i. That the proposed nonconforming use does not encourage or set a precedent for
additional nonconforming uses within the area; and
The Commission finds the expansion of the building without bringing the parking lot into
compliance will not set a precedent for additional non-conforming uses in the area because
the applicant has submitted a large number of applications over the last ten years and with
each, staff has required the site to be brought closer to full compliance.
j. That the proposed nonconforming use is developed to a similar or greater level of
conformity with the development standards as set forth in this title as compared to the
level of development of the surrounding properties.
The Commission finds that if the applicant complies with the conditions outlined in this
report, the existing non-conforming use and expansion will be developed to a similar or
greater level of conformity with the development standards as set forth in this title as
compared to the level of development of the surrounding properties.
Meridian City Council Meeting Agenda October 18, 2018 – Page 118 of 194