Loading...
Real Life Church H-2019-0004 CUPCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2019-0004 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Conditional Use Permit for a Church and Daycare Center on 0.68 Acres of Land in the I-L zoning district, Located at 1098 N. Hickory Ave., by Real Life Ministries. Case No(s). H-2019-0004 For the Planning & Zoning Commission Hearing Date of: April 4, 2019 (Findings on April 18, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 4, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 4, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 4, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 4, 2019, 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 upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. Meridian City Council Meeting Agenda April 18, 2019 – Page 16 of 118 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2019-0004 Page 2 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of April 4, 2019, 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 CUP is hereby approved in accord with the conditions of approval in the staff report for the hearing date of April 4, 2019, 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 4, 2019 Meridian City Council Meeting Agenda April 18, 2019 – Page 17 of 118 By action of the Planning & Zoning Commission at its regular meeting held on the 8 day of Orl � , 2019. COMMISSIONER JESSICA PERREAULT, CHAIRMAN COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN COMMISSIONER RHONDA MCCARVEL COMMISSIONER ANDREW SEAL COMMISSIONER LISA HOLLAND COMMISSIONER WILLIAM CASSINELLI COMMISSIONER REID OLSEN ssica reault, Chairman 1 : G0 ATEDALCLST Attest: j �p City of �w Dq HO Spw �a EAsu Q"y�v VOTED\IP—OI. VOTED eO�- VOTED ZGL VOTED VOTED tC�. VOTED \ 2Ct- VOTED 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: oNjlag ��� Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2019-0004 Page 3 EXHIBIT A Page 1 HEARING DATE: 4/4/2019 (Continued from February 21, 2019) TO: Planning & Zoning Commission FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0004 Real Life Church LOCATION: 1098 N. Hickory Ave., in the NE ¼ of Section 8, Township 3N., Range 1E. I. PROJECT DESCRIPTION A conditional use permit for an approximately 7,500 square-foot church and ancillary daycare center on 0.68 acres of land in the I-L zoning district as required by UDC Table 11- 2C-2. The facility is already constructed, the applicant is proposing to use the facility as a church on Sundays and an ancillary daycare center for up to 54 children, six hours a day Monday-Friday. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 0.68 Future Land Use Designation Industrial Existing Land Use Multi-tenant office space Proposed Land Use(s) Church and ancillary daycare Current Zoning I-L Neighborhood meeting date; # of attendees: December 22, 2018; no attendees History (previous approvals) Annexed in 1982 (Upland Industries); PP & FP for Treasure Valley Business Center in 1984; Gemtone Center CUP/PUD in 1991; CZC-07-034 for construction of Pleasant Valley Office Building Meridian City Council Meeting Agenda April 18, 2019 – Page 19 of 118 EXHIBIT A Page 2 B. Community Metrics Description Details Page Ada County Highway District  Staff report (yes/no)  Requires ACHD Commission Action (yes/no) Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Access via N. Hickory Ave (Collector) Fire Service  Distance to Fire Station  Fire Response Time  Resource Reliability  Risk Identification  Accessibility Concern regarding parking, potential for drive aisles to be blocked if parking is at capacity.  Special/resource needs  Water Supply  Other Resources Police Service No Comment West Ada School District  Distance (elem, ms, hs)  Capacity of Schools  # of Students Enrolled Wastewater  Distance to Sewer Services 0’  Sewer Shed Five Mile  Estimated Project Sewer ERU’s See application  WRRF Declining Balance 13.52 MGD  Project Consistent with WW Master Plan/Facility Plan Yes Water  Distance to Water Services 0’  Pressure Zone 3  Estimated Project Water ERU’s See application  Water Quality Concerns No concerns  Project Consistent with Water Master Plan Yes  Impacts/Concerns No new water main proposed; no concerns  Meridian City Council Meeting Agenda April 18, 2019 – Page 20 of 118 EXHIBIT A Page 3 C. Project Area Maps III. APPLICANT INFORMATION A. Applicant: Justin Jordan, Real Life Church 35 E. Fairview Ave. Meridian, Idaho 83642 B. Owner: Pleasant Valley Limited Partnership PO Box 5405 Boise, Idaho 83705 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda April 18, 2019 – Page 21 of 118 EXHIBIT A Page 4 C. Representative: Jeremy Putnam, neUdesign Architecture 725 E. 2nd Street Meridian, Idaho 83642 IV. NOTICING Planning & Zoning Posting Date Newspaper Notification 2/1/2019 Radius notification mailed to properties within 300 feet 1/29/2019 Radius notification published on 2/8/2019 Nextdoor posting 1/29/2019 V. STAFF ANALYSIS The applicant requests a conditional use permit to operate a church and ancillary daycare center in the I-L zoning district as required by UDC Table 11-2C-2. A conditional use permit is required for a church or place of worship use, subject to specific use standards listed below. A daycare center is permitted as an ancillary use to a church use and is subject to specific use standards as listed below, daycare centers are also allowed as an accessory use in the I-L zoning district. This property is located within a subdivision that was annexed and zoned into the City as part of the Upland Industries project in 1982, a preliminary plat and final plat were approved in 1984. In 1991 the Gemtone Center conditional use permit (CUP) or planned development - general (PD-G) was approved; the agreement allows for a mix of uses and services, including residential, industrial and commercial. A. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): “Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking and biking distance of residential dwellings ” (2.01.01C) The applicant’s proposed daycare use will be within walking distance to future multi- and single-family residential approved with the Pine 43 project. B. Existing Structures/Site Improvements: The applicant is proposing to use both suites within an existing multi-tenant office building. C. Proposed Use Analysis: The applicant proposes to operate the church use (Real Life Ministries) with two (2) services on Sunday mornings from 8 AM-1 PM. The daycare is proposed to accommodate a maximum of 54 students and will operate Monday-Friday from 9:30 AM-3:30 PM. The applicant presently holds services at their current location with an attendance of 100 adults and 50 children, they plan to accommodate more parishioners with 200 seats planned at the proposed location. D. Specific Use Standards (UDC 11-4-3): The proposed use is subject to the specific use standards listed in: UDC 11-4-3-6, Church or Place of Religious Worship: Schools, child daycare services, meeting facilities for clubs and organizations, and other similar uses not operated primarily for the purpose of religious instruction, worship, government of the Meridian City Council Meeting Agenda April 18, 2019 – Page 22 of 118 EXHIBIT A Page 5 church, or the fellowship of its congregation may be permitted to the extent the activity is otherwise permitted in the district. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) AND, UDC 11-4-3-9, Daycare Facility: A. General standards for all child daycare and adult care uses, including the classifications of daycare center; daycare, family; and daycare, group: 1. In determining the type of daycare facility, the total number of children at the facility at one time, including the operator's children, is the determining factor. The applicant is proposing to care for a maximum of 54 children, classifying it as a daycare center. 2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. The applicant is proposing to use the existing drive aisle and parking lot for student drop-off and pick-up. There are 31 existing parking spaces on the site, which exceeds UDC requirements for the I-L zoning district (one [1] parking space per 2,000 square feet). However, staff believes that the applicant should provide additional parking on site to accommodate the number of vehicles associated with the projected enrollment. Further analysis in Section G below. 3. The decision making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 4. The applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by title 39, chapter 11, Idaho Code. Said proof shall be provided prior to issuance of certificate of occupancy. The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. The applicant shall coordinate with the Meridian Fire Department and the State of Idaho and Department of Health and Welfare on this requirement. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. This standard may be modified through approval of a conditional use permit. This requirement does not apply to the subject application. 6. Prior to submittal of an application for an accessory daycare facility in a residential district, the applicant or owner shall hold a neighborhood meeting in accord with subsection 11-5A-4B of this title. Notice of the neighborhood meeting shall be provided to all property owners of record within one hundred feet (100') of the exterior boundary of the subject property. This requirement does not apply to the subject application. Although, the applicant did conduct a neighborhood meeting and notified property owners within three-hundred feet (300’) in accord with the requirements for the CUP request. The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title, whichever is more restrictive. B. Additional standards for daycare facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six foot (6') nonscalable fences to secure against exit/entry by small children and to screen abutting properties. The current proposal does not include outdoor space for the daycare. If the subject application is approved and the applicant wants to add outdoor space in the future, they shall comply with this requirement. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. The current proposal does not include outdoor space for the daycare. If the subject application is approved and the applicant wants to add outdoor space in the future, they shall Meridian City Council Meeting Agenda April 18, 2019 – Page 23 of 118 EXHIBIT A Page 6 comply with this requirement. The proposed daycare will be located in a commercial and industrial area where there are no City parks, schools, or available public open space for children to recreate in. The only available area for children to play in is located at the east part of the site. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. The current proposal does not include outdoor space for the daycare. If the subject application is approved and the applicant wants to add outdoor space in the future, they shall comply with this requirement. C. Additional standards for family daycare facilities conducted as home occupation accessory uses: 1. In no way shall the family daycare emit lighting, noise, fumes, smoke, dust, odors, vibrations, or electrical interference that can be observed outside the dwelling. A sign may be displayed for advertising the family daycare facility in accord with the standards set forth in subsection 11-3D- 8B of this title. This requirement does not apply as the subject application is in an industrial district. 2. Off street parking shall be provided as set forth in section 11-3C-6 of this title, in addition to the required off street parking for the dwelling. (Ord. 18-1773, 4-24-2018) This requirement does not apply as the subject application is in an industrial district. E. Dimensional Standards (UDC 11-2): See UDC Table 11-2C-3 (Dimensional Standards in Industrial Districts) F. Parking (UDC 11-3C): Per UDC Table 11-3C-6B.2, a minimum of four (4) off-street parking spaces are required to be provided; a total of 31 spaces are proposed in excess of UDC requirements. The applicant has received approval from ACHD to allow for on-street parking along N. Hickory Ave during the weekends to accommodate Sunday morning services. Additionally, the applicant has applied for alternative compliance (analysis below) to utilize shared parking with three (3) properties in the vicinity of the subject property. Two (2) of the parking areas are located to the north at 1346 N. Hickory Ave. and 1450 N. Hickory Ave.; the third shared option is located to the south at 1020 N. Hickory Ave. (see Exhibit VII.B). All three (3) options are accompanied by agreements entered into by the property management representative and the applicant. The allotted time for shared parking is to accommodate church service parking on Sundays from 9 AM-12:30 PM. The shared parking arrangements and on-street parking along N. Hickory Ave. are not intended to be used for the ancillary daycare center throughout the week. Although the number of existing parking spaces exceeds UDC standards and the applicant has shared use agreements and on-street parking available on Sundays, staff recommends the applicant locate additional parking in closer proximity to the subject property. Staff believes that a permanent parking solution for the anticipated volume of parishioners and students be constructed as the shared use agreements can be cancelled at any time. The owner of the subject property also owns the undeveloped parcel to the south which is partially developed with a shared driveway (1070 N. Hickory Ave., parcel #R3073780700). Staff has concerns that patrons of the church could park in the unimproved area creating code enforcement issues for the church. Staff recommends that the applicant improve the parking lot in accord with UDC Table UDC 11-3C-5 and landscape the new parking area in accord with UDC 11-3B-8C. If this parking area is improved as recommended by staff, staff is amenable with the shared parking plan with the adjacent business owners. Meridian City Council Meeting Agenda April 18, 2019 – Page 24 of 118 EXHIBIT A Page 7 G. Alternative Compliance (ALT) (UDC 11-5B-5): The applicant has applied for Alternative Compliance as set forth in UDC 11-5B-5 to parking requirements (UDC 11-3C-6) regarding the number of parking spaces needed based on the anticipated attendance of the church and daycare. The subject site currently has a total of 31 spaces, which is in excess of the UDC requirements for I-L zoned properties (four [4] required). However, since the site is anticipated to accommodate two-hundred (200) parishioners on Sundays and approximately 50 students during the day throughout the week, additional parking spaces should be required. The applicant’s narrative projects that 80 adults and 40 kids, plus teachers and volunteers will attend the first Sunday service; 120 adults and 60 kids, plus teachers and volunteers are projected to attend the second Sunday service. The applicant anticipates that 60 vehicles will need parking for Sunday morning services. Shared parking agreements have been coordinated with two (2) properties to the north and one (1) property to the south (see Exhibit VII.B). Additionally, ACHD has approved on-street parking along N. Hickory Ave. on weekends. Each of the shared parking lot is an approximately 200-foot walk, which may cause some parishioners to be tempted to utilize the dirt lot that is currently located to the south of the subject site. The parking agreements are subject to the terms reached between the applicant and the property owners, are to be used during Sundays from 9 AM-12:30 PM, and can be terminated at any time. Although staff believes the alternative off-site parking and on-street parking are helpful options and could be utilized by those willing and able to walk, staff recommends improvements are made to the lot to the south to accommodate additional on-site parking as noted above. Staff has reviewed the Parking Standard Alternatives in UDC 11-3C-7 in determining the applicability of the alternative compliance request for the subject application. The shared use proposed complies with the requirements of UDC 11-3C-7A: there are convenient pedestrian connections between the shared parking arrangements with sidewalks available along N. Hickory Ave.; the properties are within 1,000’ of one another; the principal operating hours of operation and use are not in conflict with one another; and the applicant shall be required to provide directional signage to indicate the availability of parking. The applicant has complied with the requirements of UDC 11-3C-7B and has submitted each of the shared use parking arrangements. H. Access (UDC 11-3A-3): One (1) access is proposed via N. Hickory Ave. (collector). Staff is recommending the applicant expand the parking lot to the south, if this recommendation is approved, the applicant shall provide a cross-access/egress easement to the property to the south (1050 N. Hickory Ave). I. Sidewalks (UDC 11-3A-17): Five-foot sidewalks exist along N. Hickory Ave. There is not currently a pedestrian walkway leading from N. Hickory Ave. to the entrance of the building. If the applicant is permitted to utilize shared parking to the north and south of the subject site, staff recommends a pathway is constructed. A minimum 5-foot wide pedestrian walkway is required to be provided from the perimeter sidewalk to the main building entrance; internal pedestrian walkways shall be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. J. Landscaping (UDC 11-3B): Parking lot and perimeter landscaping was completed with the previous certificate of zoning compliance (CZC) for the construction of the Pleasant Valley Office Building (CZC-07-034). If parking is expanded to the south, as recommended by staff, parking lot landscaping shall comply with the standards listed in UDC 11-3B-8C and in accord with Comprehensive Plan action item Meridian City Council Meeting Agenda April 18, 2019 – Page 25 of 118 EXHIBIT A Page 8 #2.01.04B, “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets, and to positively influence the physical and visual environment through screening, paving materials, and other landscape techniques.” K. Fencing (UDC 11-3A-6, 11-3A-7): Fencing proposed on the site shall comply with the standards listed in UDC 11-3A-7 and UDC 11-3A-14. A detail of any proposed fencing shall be submitted with the CZC and DES application. If the applicant chooses to incorporate an outdoor play area for students, fencing shall be required in accord with UDC 11-4-3-9. L. Certificate of Zoning Compliance (CZC) and Design Review (DES) If approved, the applicant will be required to amend the current CZC approval to establish the use of a daycare center on the site to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to construction, in accord with UDC 11-5B-1. If the Commission requires improvements be made to the parking lot to the south, the applicant will also be required to submit an application for DES concurrent with the CZC application in accord with UDC 11-5B-8. M. Utilities (UDC 11-3A-21): This site is already serviced by City sanitary sewer, domestic water, refuse disposal, and irrigation; these services were provided to this property with development of the site. VI. DECISION A. Staff: Staff finds the proposed project complies with the applicable policies of the Comprehensive Plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject CUP application. B. Commission: The Meridian Planning and Zoning Commission heard and continued this item on February 21, 2019 and heard the item again on April 4, 2019. At the April 4th public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Justin Jordan, applicant; Matt McAnulty, applicant representative; ii. In opposition: James Boyd (Feb. 21st hearing); Sam Johnson (Feb. 21st hearing); no opposition for April 4th hearing iii. Commenting: Justin Jordan, applicant; Matt McAnulty, applicant representative; iv. Written testimony: James Boyd v. Staff presenting application: Stephanie Leonard vi. Other staff commenting on application: Bill Parsons b. Key Issues of Public Testimony: i. Availability of parking, longevity of shared parking agreements with surrounding properties (Feb. 21st) c. Key Issues of Discussion by Commission: i. Lack of parking available on-site for the number of anticipated parishioners on Sundays and temporary nature of shared parking agreements (Feb. 21st) ii. Lack of outdoor play space for daycare use (Feb. 21st) iii. Revised site plan with additional parking spaces for church and daycare use (April 4th). Meridian City Council Meeting Agenda April 18, 2019 – Page 26 of 118 EXHIBIT A Page 9 iv. Future outdoor play area for daycare (April 4th). d. Key Commission Changes to Staff Recommendation: i. None. VII. EXHIBITS A. Site Plan (date: 1/10/2019) Meridian City Council Meeting Agenda April 18, 2019 – Page 27 of 118 EXHIBIT A Page 10 B. Shared Parking Agreement Locations Subject Property Meridian City Council Meeting Agenda April 18, 2019 – Page 28 of 118 EXHIBIT A Page 11 C. Revised Site Plan Meridian City Council Meeting Agenda April 18, 2019 – Page 29 of 118 EXHIBIT A Page 12 VIII. CITY/AGENCY COMMENTS & CONDITIONS 1. PLANNING DIVISION 1.1 Site Specific Conditions 1.1.1 The applicant shall comply with all conditions of previous approvals (Gemtone CUP/PD-G; CZC-07-034). 1.1.2 The applicant shall comply with the Specific Use Standards listed in UDC 11-4-3-6, Church or Place of Religious Worship and UDC 11-4-3-9, Daycare Facility. 1.1.3 The site plan, included in Exhibit VII.A, dated January 10, 2019 shall be revised as follows: a. Additional parking shall be constructed to the south of the subject property. Installation shall be in accord with the standards in UDC 11-3B-8 and UDC 11-3C-5. b. The applicant shall provide a cross-access/egress easement to the property to the south (1050 N. Hickory Ave). 1.1.4. The landscape plan included in Exhibit VII.B, dated December 2018, shall be revised as follows: a. Additional parking shall be constructed to the south of the subject property. Installation shall be in accord with the standards in UDC 11-3B-8 and UDC 11-3C-5. b. A detail of any fencing and/or outdoor playground equipment proposed shall be submitted with the CZC and DES application. 1.1.5 Development of this site shall substantially comply with the site plan and landscape plan included in Exhibit VII and the conditions of approval in this report. 1.1.6 The applicant is required to submit a Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) application to the Planning Division for approval of the proposed use and final site layout prior to submittal of a building permit application. 1.1.7 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.1.8 The applicant shall have a maximum of two (2) years to commence the church and ancillary daycare uses as permitted in accord with the conditions of approval listed above. If the use has not begun within two (2) years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 11-5B- 6F. 1.1.9 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. 1.1.10 The applicant shall coordinate with the Meridian Building Division (208-887-2211) regarding any building permit requirements. 1.1.11 Alternative compliance is approved for the shared parking agreements. 1.1.12 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.1.13 All signage for the property is subject to the standards set forth in UDC 11-3D. 2. PUBLIC WORKS DEPARTMENT Meridian City Council Meeting Agenda April 18, 2019 – Page 30 of 118 EXHIBIT A Page 13 No comments on the subject application as services are existing. 3. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/weblink8/0/doc/160624/Page1.aspx 4. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/161518/Page1.aspx 5. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/160818/Page1.aspx IX. FINDINGS CONDITIONAL USE PERMIT: The Commission shall base its determination on the conditional use permit request on 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 site is large enough to accommodate the proposed use and meet the dimensional and development regulations of the I-L zoning district and the specific use standards listed in UDC 11-4-3-9, Church or Place of Religious Worship and 11-4-3-9, Daycare Facility. 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 and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of Industrial for this site; additionally, the Planned Development, General agreement specifically allows for industrial, commercial, and residential uses within this subdivision. 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 the general construction, operation and maintenance of the church and daycare facility should be compatible with the surrounding commercial and industrial uses in the vicinity. Commission feels that the applicant should provide adequate parking to prevent causing parking issues with other properties in the area. Commission finds that the proposed project will be compatible with the existing and intended character of the area and will not adversely change the character thereof. 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 the proposed development should not adversely affect other property in the vicinity if adequate on-site parking is provided and utilized by patrons of the church and clients of the daycare. If approved, conditions of approval are included in Exhibit VIII of this staff report to ensure the proposed use will not adversely affect other properties in the vicinity. Meridian City Council Meeting Agenda April 18, 2019 – Page 31 of 118 EXHIBIT A Page 14 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 sanitary sewer, domestic water, refuse disposal, and irrigation were provided to this property with development of the subdivision; services will be extended to the proposed building by the developer. 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. If approved, the applicant will be financing any improvements required for development. 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. 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 that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding 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. Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance in this area. Alternative Compliance Findings: In order to grant approval for alternative compliance, the Director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR The Director finds that strict adherence or application of the requirements is feasible; however, the applicant desires to utilize shared parking with properties in the vicinity of the subject property and has secured written authorization to do so. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the alternative compliance could provide an equal means for meeting the parking requirements if the applicant were to provide additional parking to the south in addition to the shared use agreements and on-street parking available on Sundays. If the applicant continues to work with ACHD, secures parking from adjacent property owners and improve the lot to the south, the applicant will be meeting the intent of UDC requirements. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. The Director finds that the proposed alternative will not be detrimental to the public welfare but could impair the use/character of the surrounding properties by eliminating on-street parking or causing patrons of the subject property to park in unimproved dirt lots or properties in closer proximity. Meridian City Council Meeting Agenda April 18, 2019 – Page 32 of 118