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