Meridian Gospel Tabernacle CUP
BURTON ROBERTS
FJ~}CETVED
JUl 0 8 1998
CITY OF MERIDIAN
BEFORE THE MERIDIAN PLANNING AND ZONING COM MIS
CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF
A CHURCH PARKING LOT FOR MERIDIAN GOSPEL TABERNACLE
LOTS 3,4,5 AND 6 OF BLOCK 4, MERIDIAN NIDA YS 2ND ADDITION
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing on May 12, 1998, and
continued on June 9, 1998, at the hour of 7:00 o'clock p.m., Burton Roberts, the
Applicant, appeared in person, and the Planning and Zoning Commission of the City of
Meridian having duly considered the evidence and the matter makes the following
Findings of Fact and Conclusions of Law.
FINDINGS OF FACT
1. A notice of a public hearing on the application for the conditional use permit
was published for two (2) consecutive weeks prior to said public hearing scheduled on
May 12, 1998, and continued on June 9, 1998, the first publication of which was fifteen
(15) days prior to said hearing; that the matter was duly considered at the May 12, 1998,
and continued on June 9, 1998 hearing; that the public was given full opportunity to
express comments and submit evidence; and that copies of all notices were available to
newspaper, radio and television stations.
2. The property is located within the City of Meridian at the Northeast quarter
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of the Northeast quarter and of the North one-half of the Southeast quarter of Section 12,
Township 3 North, Range 1 West. The property is described in the application for a
conditional use permit, which description is incorporated herein as if set forth in full. The
owner of record of the property is Meridian Gospel Tabernacle.
3. Pursuant to the application, the property is presently zoned as R-4, Low
Density Residential District. The proposed use of the property is to construct a parking lot
on Lots 4, 5, 3 and 6. Presently, Lots 3 and 6 are used as rental properties. The
Applicant presented a site plan at the May 12, 1998, hearing depicting the location of the
proposed use. Due to some concerns over the vague site plan, and the surrounding
neighbors, the public hearing was continued until June 9, 1998. Pursuant to the
application, the Applicant agrees to pay any additional sewer, water or trash fees or
charges, associated with the use, whether that use be residential, commercial or
industrial.
4. Burton Roberts, the Applicant, representing Meridian Gospel Tabernacle,
testified as follows at the May 12, 1998, public hearing. Mr. Roberts opened his
testimony by noting they own Lots 3, 4, 5, and 6 of Block 4 of the Meridian Nidays 2nd
Addition. Lot 4 is currently vacant. Lot 5 has a house on it that has been sold and is to
be moved. It is their hope to do this project in two phases. This would allow them to
cause lots 4 and 5 to be turned into a parking lot as soon as possible, with the other two
lots, 3 and 6, somewhere in the next three to five year plan to be completed. The
obvious reason for the need of parking is that as Meridian continues to grow, the last
thing they need is to be suddenly land locked, and not have the room for expansion they
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believe will be needed in the years to come.
Commissioner MacCoy inquired if he had received the City staffs comments, to
which Mr. Roberts responded that he had.
Commissioner MacCoy inquired if he had gotten a copy of the ACHD report. Mr.
Roberts noted that he received a copy.
Mr. Roberts noted that he found no problem with the findings of the ACHD's report
and it is their hope and intention to comply with all of the suggestions and needs. Mr.
Roberts commented the staff requirements seem to be very applicable and has no
problem with them.
Commissioner Borup inquired about the time frame for completion of the lots,
landscaping and sidewalks. Mr. Roberts responded it was their hope to do the two lots
on Meridian Road separately, but they just had a discussion during the week with some
of the powers to be. The recommendation had been that on both Meridian Road and on
W. 1st that they go ahead and proceed with the sidewalk, curb and gutter, and the other
maintenance things that are going to be necessary. If at all possible to do all four Jots as
part of phase one. Phase two would be the selling and moving of the two homes that are
presently there and preparing for the asphalt.
Commissioner Smith commented on the phasing. He inquired if they had
anticipated the parking layout, which indicates a one way drive because of the angled
parking, which basically in phase one it comes into a driveway situation and there's no
way to get out. Mr. Roberts noted that they intend to stripe phase one after phase two is
completed to allow for flexibility.
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Commissioner Smith noted that there were no dimensions and it was kind of
vague as far as how the landscaping would be designed. He wanted to know exactly
what they are going to do as far as landscaping, other than the three-inch caliper trees.
His biggest concern was that it would be properly screened and buffered from the
adjoining properties. Mr. Roberts stated it would be asphalt. Commissioner Smith
questioned if there was going to be asphalt in the alley between the lots. Mr. Roberts
noted that they are looking at paving the whole alley. Commissioner Smith inquired as to
how wide the aisles would be and the spaces. He also wondered if they were proposing
any compact spaces or handicapped spaces. Mr. Roberts noted they were going to keep
all of the handicapped spaces next to the building across from Elm Street.
Commissioner Smith noted it would be right in the existing lot. Mr. Roberts
testified it would be close to the building and they had not planned on handicapped
parking over there. Commissioner Smith then inquired about compact parking. Mr.
Roberts noted he had made all his measurements for full size parking. He also noted the
dimensions were recommendations. They are looking at a 60 foot lot with 19 foot
parking by 9. That would leave 20 feet in the lane. Commissioner Smith again drew
attention to the matter of wanting to see more landscaping along Meridian and W. 1st
Street at a minimum. Mr. Roberts noted that he had no problem with doing whatever was
recommended. He noted that if they get approval, they would bring in the engineer, and
the architect, to draw up the final plans. They are going to do whatever recommendations
they are given by this group and the City and ACHD.
Commissioner Smith inquired if the space between the stalls were going to be
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asphalt, and inquired about the lines. Mr. Roberts noted it would be asphalt and the Jines
were just to show phases one and two. Commissioner Smith added that with his
calculations they have 88 spaces proposed for parking.
5. Wendy Newton-Huckabay was sworn in by the Assistant City Attorney.
She desired clarification about some issues and noted she had not seen the plans. She
also noted there was some concern over the necessity of the project. She stated that on
any given Sunday, the church parking lot, which sits right outside of her front window, is
not full. There has only been one occasion she can remember having cars parked on
her street to attend the church. She moved to W. 151 Street when she was in the fourth
grade and she is now 29 years old. The neighborhood concern is whether there is a
need for parking. The other concern is the parking lot they now have does not have any
curbing in it. She isn't sure what the city ordinance is for a parking lot. She added that
the parking lot now is kind of a drag strip through the neighborhood, and that it has
created a headache for them. She has two young children that play in the neighborhood
and traffic control is a concern. She noted there are no speed bumps in the
neighborhood nor any speed limit signs. The church, as well as, the patrons of the
school tend to speed down W. 151 Street. She also added that she is not excited to have
the four houses moved out; that one is already gone and apparently the other one is
already sold. This is just to have a parking lot there. She feels it will not be aesthetically
pleasing. If the houses are moved out, her concern is they will be filled with tree cuttings
and grass cuttings just like the empty lot now. She wondered if they were going to clear
it out and move along quickly with the project. Another concern is if the project will
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reduce their houses value having an 88 car parking lot across the street. Commissioner
Johnson informed Ms. Newton-Huckabay that he had copies of the map if she wanted
them for future reference. If she should have further comments there would be another
public hearing at the City Council level.
6. Julie Ann Elliott was sworn in by the Assistant City Attorney. She testified
that she has lived on W. 151 for nine and a half years. Her front window faces the parking
lot of the church and she has seen traffic come through the parking lot at considerable
speeds at night. There has been some talk about speed bumps on W. 1 st. Her home is
across from the parking lot and the church. Her concern is her child, and the value of her
home. She is also concerned about the residential area and the areas of the families that
live on the block of W. 1 st. When she first bought her house she was able to get the
house price down by $6,000, because of the parking lot across the street. Her concern is
over the appearance, safety, noise, and what time it's going to be shut down. At 10:00 at
night on summer evenings there are people passing back and forth, getting in cars and
leaving, and for the safety of the children crossing the streets.
7. Michael Ransley was sworn in by the Assistant City Attorney He testified
that he lives right across the street, kiddy corner, to the church. He now looks at two
nice houses that have been there for a considerable amount of time. This is a
residential area and the proposal is to tear the houses down and make it a clear shot
through to Meridian Road. He hasn't seen the plans but now they have kind of a
protected little residential community with little noise. He doesn't want to be looking at
a bunch of cars all the time. Also, he doesn't know what they have planned for
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landscaping as far as the requirements for the City of Meridian, the trees and shrubs.
The other concern he has is over the lighting requirements
Commissioner Borup commented and questioned Mr. Ransley's over his
concern about the visual impact through to Meridian Road and his concern about cars
driving through to Meridian Road. Mr Ransley responded by saying, " I mean, they are
going to connect to a one way road here eventually. I don't know what's going to
happen with that with ACHD and what their plan is, but I mean the traffic is going to
increase dramatically when that happens and what I'm concerned about too is if we've
got clear shots through to my road." Commissioner Borup noted, for Mr. Ransley's
information, the plan does call for curbed gutters and sidewalk, so cars would not be
driving through.
Mr. Roberts re-addressed the Commissioners by noting he had appreciated the
comments so far. He wants to try to be somewhat considerate of their points of view.
He commented about the parking now in existence. The way they park now they would
like to change because the parking lot they enter from on Meridian Road people
attempt to park three deep. This would change when ACHD ultimately finishes its plans
on Meridian Road and would give them two deep. They would like to eliminate that
and have one car deep parking off of Meridian Road. The same would be for several
places in the back where people park two, three or four deep. They want to eliminate
that in the process and that's one of their considerations. This would make it easier for
people that are using the current parking lot. They have considered ways to try to
arrange it so people don't cut that corner either way, coming off of Meridian Road.
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They have considered how can they change the process. One of the suggestions to
consider, which ACHD made, is to consider doing curb, gutter and sidewalk down the
north side of Elm Street and it would make it a [ittle bumpy if people go zipping across
there. The other reason that it's not full is because they don't have that many people
yet, but they anticipate they will.
Commissioner MacCoy made a suggestion that Mr. Roberts might want to spend
some time going around to the local neighbors and showing the layouts and what they
have, getting suggestions from them for screening, which is the landscaping, the trees
and whatever. Regarding the cut through situation, he agreed with ACHD about going
off on E[m Street with the curb. Another solution would be at the entrance, inside the
property, putting in a [ow riding berm, which detours people who would like to, including
the young, speed through some places and cut off corners. The lighting would be a
non-glare situation.
Commissioner Smith inquired if the 88 spaces on the proposed site, if they were
based on an increase in the congregation, or existing need, or if they are trying to fit as
many spaces in there as they could. Mr. Roberts responded that he was basically
showing the maximum number of spaces, and realizing they could be changed with the
recommendations for lighting and for whatever they do with the trees, screening, and all
of those things. He also noted that his office door is open for them to come and make
their comments because they want to make it nice.
Commissioner Smith inquired whether the applicant has a minimum number of
spaces that they are trying to accommodate. Mr. Roberts responded with a no, and the
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goal would be to look at the seating capacity of their building, and if everybody were
sitting shoulder to shoulder it would be 470. They currently have, with the stacking of
the cars, 90 parking places. If the project was being done today city code would require
them to have 94 parking places. If he understands the code right they would also
require them to have it arranged differently than it now is currently, which would then
lessen the amount that they have now. The magic number to arrive at would be at least
94 parking places, and to not be in violation of the code application.
Mr. Roberts further testified to the item of the way the one vacant lot looks. One
of the reasons it looks that way is that after several flat tires on his tractor, because of
the infestation of goat heads in the area, he stopped mowing. He then started planning
on asp halting it. He figured the asphalt was the only way he could get rid of the
infestation of goat heads. They have infested the alley for years and now have grown
out on to their vacant lot.
Commissioner Nelson noted that a plan was submitted that showed the
proposed parking and the lots without the facilities shown. He requested that it might
be beneficial to the City Council, or even discussions with the neighborhood, if they
were to show a combined plan of all the parking and the traffic in between. This would
show what the big plan would be.
Commissioner Johnson added comment to Commissioner Nelson's about
showing the whole plan. He noted that it is on the application that any other owned
property in the area of the vicinity is also shown, but it's often ignored. It does give a
better feel when you have the whole picture.
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9. Julie Ann Elliot re-addresssed the Commission. She began by noting the
LDS church that sits on McMillian and Shamrock in Boise. They have a berm around
their parking lot, and that they probably had the same problem. She use to live on
Shamrock years ago and she remembers the church. The church has berms up and
no one has to look at a parking lot, nor a bunch of cars. Even with cars in the parking
lot at least there is some type of beautification for the residents. Her concern is for
beautification and that it is not commercial. There are families with homes that face the
church and the parking lot. She wanted the Commission to think about it, as this is
what they look at. If the area was beautified it would fine.
Ms. Elliot continued her comments noting some of them live by the church and a
lot of them don't. She recognized a few of them because she has seen them at the
church, that's their church, but not her church. She wanted them to have some thought
of what they're going to be looking at, and to give some advice at what they need to do
for the parking lot.
Commissioner Borup acknowledged what Commissioner MacCoy had
stated earlier about the cut through the parking lot, maybe doing some curbing or
something along Elm. That would be something that would make you feel a lot better
about the cut through situation there. Ms,
Elliot definitely agreed.
Commissioner Smith noted that he thought the site plan was extremely vague
as far as what is going to be proposed for landscaping and screening. He also thought
there had been some valid concerns brought up by the neighbors, and he also shared
those concerns. He didn't feel comfortable forwarding this on in its present state. He
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didn't think there was enough information to vote on or act on one way or the other.
Commissioner MacCoy agreed. He was going by the standpoint of tabling it for
one month because they are lacking some material, and he would like to see Mr.
Roberts get together with his neighbors and come back with a better layout for them.
Also, so there will be a better understanding for the Commission before they pass it on
to the Council.
Commissioner Borup also agreed that a better layout needed to be done. He
questioned if the Commission should review it or if it should be reviewed by the staff.
Commissioner Johnson acknowledged that it was done by staff but sometimes
it's in the best interest of interested parties, that aren't affiliated with the City, to see a
complete plan.
Commissioner Nelson would rather see it tabled and give the neighborhood
another chance to comment if they could.
Commissioner Johnson noted if that was to happen then they need to continue
the public hearing.
Commissioner Smith made a motion that they continue this item until the
June 9th meeting, with the continuation of the public hearing. Commissioner MacCoy
second the motion.
11. Burton Roberts, the Applicant, testified substantially as follows at the public
hearing held on June 9, 1998. Burton Roberts noted that he spoke with neighbors
since the previous meeting held on May 12th. He attempted to assure them of the
churches intent to comply with all the City codes concerning the parking lot, and to
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make it a beautiful addition to Meridian. He also hired an engineer who has drawn up
some new plans. He delivered a large copy to the P & Z office and offered a large
copy, which he had brought with him to the meeting, for anyone to review. This was an
added expense to them but they are hoping and believing that the project will go
forward. Mr. Roberts is hoping that they receive approval. He agrees with all the
stipulations that ACHD has given them, and their basic approval, and hoping to move
ahead. They hope this project will be a great improvement to the community and it will
definitely fulfill a need on their part.
Commissioner Smith commented that the way the project is phased it doesn't
work. There is no way for someone who accesses the parking off the alley for them to
get out because it's a one way access to those spaces. It is angled parking, and say
you come in off the alley and go towards the Meridian Street side you can park in those
spaces with no problem, but then there's no way to get out.
Burton Roberts noted that they have some options in striping, the plan is to show
the final project. He stated "Our plan at this point would be when phase one is
completed to mark the parking lot so that there is enough parking and enough space for
people to go in and park whether we park vertically on one side or however we decide
to do it at that point it will be lined in phase one so that it can be properly accessed
even though it will minimize the parking for the time being."
Commissioner Smith commented that the dimensions on the site, as they
appeared to him, were the only way you could have a ninety degree parking area was
by not doing the landscaping now and having to park out.
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Burton Roberts continued his testimony by commenting that the landscaping
would be done. The church doesn't have to go with the parking as lined in phase one,
it's drawn that way so the engineer doesn't have to go back and charge more in the
final process. The lining would take place in a way that allows them to do phase one
so it's beautified. It has the curb, gutter and sidewalk, and all of the landscaping that
they're going to use in the project. They will make do with whatever small amount of
parking that adds until they're ready to do phase two. If that means putting six cars on
each side of the alley then they will put six cars over there. Twelve to twenty cars will
help them now and he doesn't see a problem with the lining so it's easily accessed and
used in phase one.
Commissioner Nelson inquired about the number of parking spaces. He figured
eighty. Mr. Roberts noted that was the number he arrived at.
Commissioner Nelson then inquired as to how many cars they will be able to
park at the existing lot, once it's laid out, that meet the city ordinance of required aisle
widths and space. Mr. Roberts figured it would be 54.
Commissioner Nelson inquired if they would have a total of 134 spaces, which
they would according to Mr. Roberts.
Commissioner Nelson also wanted to know how many members could be seated
in the sanctuary. Mr. Roberts commented that the sanctuary by itself seats 470.
Commissioner Nelson stated that for the four hundred and seventy seats the City
ordinance calls for one parking space per five seats, which would require the church to
have 94 spaces.
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Mr. Roberts continued his testimony by adding the church has a gymnasium
that's attached to the building, and on some occasions there are weddings and when
those occasions happen the use of the gymnasium, and the sanctuary, it is expected to
be full with phase one and phase two in place.
Commissioner Nelson inquired as to the plans for landscaping. If they were
planning on doing any berming and how wide the landscaping strip would be. Mr.
Roberts commented he believed there would be twelve-feet total in the center when it is
completed. Commissioner Nelson stated he would like to see a little more landscaping
around the adjacent properties, and some more trees and things to help screen the
project better. Also, for them to consider a berm around the periphery of the site to help
screen, in addition to the trees.
Mr. Roberts wanted to know how much berming would be necessary.
Commissioner Nelson thought probably about six-feet. He also wondered if they could
squeeze on twelve-feet in the center area and free it up a little bit. Maybe in addition to
that, on the Meridian Street side and the First Street side, given the fact that you're
required to have 94 spaces and you're going to be providing 134, the church could
afford to lose a couple of spaces on each end. To pull the landscaping in farther off the
street into the parking area you would lose about four spaces on each end.
Commissioner Nelson commented that he wanted to see berming on all three sides.
Mr. Roberts questioned how high a berm was necessary. He visualizes putting
in low lights, so that they're not bright and bothering the neighbors. He pointed out if
there is a berm then that would make an ideal spot, which they just got rid of, for kids to
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congregate and do their thing. If they build the parking lot and berm it so nobody can
see into it then it would create a spot for kids to drive in and park and have a beer and
throw their cans out. That's why he was asking how high a berm was necessary.
Commissioner Nelson understood Mr. Roberts's concerns.
Mr. Roberts added the comment that he wasn't talking about his people parking
there, but about the people that drive by. The use of the parking lot gets more than just
the parishioners.
Commissioner Nelson stated that section studies would need to be done but he
thought in the neighborhood of three to four feet. It would help screen the paving and
the cars when they are parked there and you strike a happy medium between the
screening and the security issues. If you get it wide enough you can slope it such that
you're not really providing any hiding places.
Commissioner Smith commented that if there is an overabundance of parking he
could see where it would be beneficial to the homes, at least along West First or
probably both, to get the berm high enough that the average size car headlights are not
going to shine into the homes. He feels that is a reasonable request.
Mr. Roberts didn't see a problem with providing that. He noted that they want to
make it as pleasing aesthetically as possible, and they want to get along with the
neighbors. Otherwise they wouldn't have taken all the steps that they've taken and
spent all the money they've spent already.
Commissioner Nelson's additional comments were that a paved parking lot with
the trees and some berming is far better than the lot that's there now.
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Commissioner Nelson commented that for the benefit of City Council, they
needed to have phase one and phase two, but he wasn't sure how far out phase two
was planned. Mr. Roberts responded they were a little unsure of it and they keep
saying three to five years. Part of what they look at is how quickly do they raise that
much money again. Churches have to budget, and they have to plan, and so they think
in three to five years they'll have enough money to do phase two. If they could do it
sooner they would.
Commissioner Nelson noted and commented on the planning of the landscaping
in phase one. Mr. Roberts response was to complete phase one and then move on to
phase two and just add the compliment of the same design to follow through into phase
two. When phase one is completed it should give everybody the picture of how it would
be when it was finished.
Commissioner DeWeerd inquired how they plan to maintain phase two until it is
developed. Mr. Roberts noted that each of those lots currently have a rental home on
them. The rentals will be maintained with lawns and the homes will be kept up until
then. Commissioner DeWeerd questioned, "So you would not be extending the
sidewalk and landscape through to the end of phase two then?" Mr. Roberts
responded that was right. He stated "It would be done in steps unless, of course,
somebody twists his arm and says the only way you're going to get this is if you take
the curb, gutter and sidewalk and all of that clear by, then they'd try to figure out some
way to do it.
Commissioner DeWeerd noted they would still put in the storm retention area
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and that would kind of block off any access to those lots in phase two.
Commissioner Nelson inquired about what would be put in between the trees.
Mr. Roberts commented that they haven't gone that far as to know what kind of
selection they would use. Everything from low lying shrubs to smaller trees and
personally he'd go with the low lying shrubs. Commissioner MacCoy noted that it would
depend on the height of the berm.
12. Wendy Newton-Huckabay of 1513 W. First Street was sworn in by the
Assistant City Attorney. She noted that the neighborhood had an impromptu meeting,
and that they put together a statement. It appears that Mr. Roberts addressed a lot of
their concerns already, so it looks like they are a little bit closer to resolving the
concerns in the neighborhood. Ms. Newton-Huckabay had copies of the statement,
and handed one to the applicant and to Commissioner MacCoy. Ms. Newton-Huckabay
stated, 'This statement is in regards to the proposed parking lot addition to the Meridian
Gospel Tabernacle. As residents of the neighborhood we are not completely opposed
to an expanded parking area, we are concerned with some of the aspects of the
church's plans and continue to question the need. Our first concern is with the time
line. One of the lots for the phase has been empty for over two years, is this project
ready to begin, are they going to begin the project and finish it as money comes
available or is a budget already in place, is a completion date set? At the last meeting
Mr. Roberts indicated that they would complete the phase two portion of the project
several years down the road. We would like to see the plans for the parking lot
modified into two separate projects, we feel that this would eliminate the half done look
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that may result with the current plan, it looks like we would only have one half of a
parking lot for the next few years. We believe that this would be as unappealing as the
current lots. In the event that the second phase of the parking lot does not evolve the
neighborhood would not be left looking incomplete indefinitely. We have reviewed the
new plans and feel the modifications made for landscaping could be improved. We
believe that the aesthetics of this project would be maximized by grass around the
perimeter and more park-like trees such as maples, ash or locust. We would also like
to recommend that during this project Mr. Roberts consider making some landscape
improvements to the main property, mainly remove the rocks that are on the corner of
Elm and West First Street, they are constantly in the road and create a hazard. In
conclusion we would like to point out that no one is against the expansion and
prosperity of a church, we would just like the impact that it does and will have on our
neighborhood to be considered. We have been fortunate to be experiencing an overall
evolution of property rejuvenation on our street. We would like the church to embrace
this evolution and make changes to their properties that contribute to the value, safety
and quality of our neighborhood. That's really about all that I have to say, like I said a
lot of these issues it appears that he is addressing, we did not have opportunity to talk
to the church from the last meeting, he never did come around to our residence on
there so as you look at approving this we just want you to consider we live there seven
days a week, a lot of people are at the church maybe two or three days a week and we
look at it every day. Mr. Roberts, he does live in that area of the neighborhood of the
area and he does took at it too but a more sense of there J think."
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BURTON ROBERTS - CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A CHURCH PARKING LOT
Page 18
13. Commissioner Smith commented to Mr. Roberts that the first stalls in
phase two, on the side that it joins the adjacent property owners, the first one on the
Meridian Street side and the first one on the East First Street side, that they didn't work
because they need to be able to pull back straight out of the space and pull in from a
straight on shot. This would require them to both pull in and back out at an angel and
they really couldn't use those spaces. In return, Mr. Roberts commented he thought
those were intended for motorcycles.
14. Commissioner Nelson commented to Mr. Roberts that he wanted a
response, for the record, about the issue regarding the time line. Also regarding what
could be done to soften the connection. If the three to five years turned into ten to
twenty years the residents concerns over this could be answered.
Mr. Roberts stated, "Concerning the time line, the first part of the letter and I
really appreciate things in writing like this by the way, thank you neighbors for making it
easy for me to understand your desires. The first concern is with the time line of the
lots for phase one, you're right, there's been an empty lot for two years and the project
is ready to begin, all we need now is approval, the project would be finished depending
on how fast the wheels of all of this turn weather allowing, the intention is to finish it this
fall. Moving as quickly as we could the budget is already in place, there's no way to set
a completion date because we don't know how long this part of the process will take
and we don't know what the weather will do in the fall but it would be in the intention as
soon as we have an okay to begin to move toward the completion of phase one. As in
regard to phase two the only way that I can respond to that is I really believe that it
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
BURTON ROBERTS - CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A CHURCH PARKING LOT
Page 19
would be five years maximum, it would be my intent and I would be doing everything I
could to see that it came to pass within five years, I've been wrong before but that
would be my intention and I guess at this point that's all I can pledge is that we would
move quickly as we could to phase two and do all we could to keep it within a
reasonable time frame because I understand their view point on that."
Commissioner DeWeerd added the comment that when they go into phase two
that they keep in good faith with the neighbors. Also, what if they moved the houses,
two years prior, and then left the lot infested with weeds.
Mr. Roberts stated, "I have no intention of doing that. I appreciate your
comment. "
Mr. Roberts's final testimony of the evening was that he agreed with the problem
with the rocks at the corner of Elm and First Street. He was sorry for it and for the way
it turned out. They thought it was going to be an improvement but it turned out to be a
hazard. He agrees it is that. His wife reminds him of it every time they walk by it. It will
be their intention to try to do something about it. It has not been addressed to the point
of deciding what to do but something needs to be done. The other improvements,
hopefully everything in the letter that they have concerns about in the existing property
they would like to be able to say they will do it. They don't know when but they agreed
there needs to be some upgrading and would be all they could do to pledge to say
they'll work on it.
15. Wendy Newton-Huckabay again approached the Commissioners
regarding her final comments for the hearing. Ms. Newton-Huckabay commented on
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
BURTON ROBERTS - CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A CHURCH PARKING LOT
Page 20
the half-done look issue. She wanted to know whether there would be some temporary
trees planted along there, or something, but when she looked at the plan, which she
spent some time doing over the last week, she stated, "It's just a parking lot cut in half
and now we just have a house that's being moved today and an empty lot and a
parking lot cut in half isn't a whole big improvement so if we can have half a parking lot
that just looks like a narrow parking lot would be - it would make me a lot happier and I
think that I speak on behalf of the neighborhood when I say that"
Commissioner Smith had one more comment along those lines. He's concerned
about the phasing and how the parking is laid out It really is dependent upon both
phases being complete and he didn't know how the City Council would feel about
having a parking lot layout that really doesn't work until the second phase is done. It
could be five years down the road before that happens. It might be a good idea to look
at what the temporary parking layout would be and have that available for the City
Council when this item goes before them.
Commissioner DeWeerd commented that this item would go to public hearing at
City Council. The neighbors should have a chance to look at the temporary drawings
so they would have a chance again to comment on what the first phase would look like.
Additionally, she complimented the church for drawing up what they had and for putting
some time and effort into it
16. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles,
Planning and Zoning Administrator, submitted the following general comments.
1. Any existing irrigation/drainage crossing the property to be included in this
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
BURTON ROBERTS - CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A CHURCH PARKING LOT
Page 21
project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to
be approved by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the
Public Works Department. No variances have been requested for tiling of
any ditches crossing this project.
2. Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance Section
5-7-517. Wells may be used for non-domestic purposes such as
landscape irrigation.
3. Coordinate any required fire hydrant placement with the City of Meridian's
Water Works Superintendent.
4. Determine the seasonal high groundwater elevation, and submit a profile of
the subsurface soil conditions as prepared by a soil scientist with
development plans.
5. Provide five-foot-wide sidewalks in accordance with City Ordinance Section
11-9-606.8.
6. Parking lot security lighting shall be provided as approved by the Meridian
Public Works Department. Lighting shall be designed to not cause glare or
adversely impact adjacent residential properties, as determined by the City.
7. A detailed landscape plan, including sizes and species of vegetation, shall
be submitted with the design drawings for the parking lot. A minimum of
one three-inch caliper tree is required per 1,500 square feet of asphalt, with
an underground sprinkling system constructed for all landscaped areas. As
Meridian Road is an entrance corridor, particular attention should be paid to
the landscaping of this frontage.
8. Parking areas shall not be located closer than four feet to an established
road or alley right-ot-way.
9. As phasing is proposed for this project, the actual striping of the parking lot
should be postponed until the entire parking area is ready for striping.
10. A drainage plan designed by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City Engineer with calculations
(Ord. 557,10-1-91) tor all paved areas. All site drainage shall be contained
and disposed of on-site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
BURTON ROBERTS - CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A CHURCH PARKING LOT
Page 22
11. This conditional use, if approved, shall be subject to review upon notice to
the applicant.
17. Kenny Bowers, Meridian Fire Chief, commented he would not have a
problem with the parking lots.
18. The Meridian Chief of Police, Bill Gordon, submitted no comments.
19. The Central District Health Department submitted the following comments.
After written approval from appropriate entities are submitted, they would approve the
proposal for central sewage and central water. They must submit plans for central
sewage and central water for approval by the Idaho Department of Health & Welfare,
Division of Environment Quality. Run-off is not to create a mosquito breeding problem.
They recommend that stormwater be pretreated through a grassy swale prior to
discharge to the subsurface to prevent impact to groundwater and surface water quality.
The engineers and architects involved with the design of the project should obtain current
best management practices for stormwater disposal and design a stormwater
management system that is preventing groundwater and surface water degradation.
20. The Nampa & Meridian Irrigation District submitted comments, which
respective comments are incorporated herein as set forth hereafter. They noted that their
original comments are not applicable to the proposed project. It is their position that the
proposed project would have no impact on the Irrigation District and that no land use
change application was necessary nor any further review.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
BURTON ROBERTS - CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A CHURCH PARKING LOT
Page 23
21. The Ada County Highway District submitted the following standard and site
specific requirements comments regarding the project.
STANDARD REQUIREMENTS:
1. This decision of the Planning and Development Supervisor may be
appealed to the Ada County Highway District Commission by the applicant
or by another party within 15 calendar days from the date of this report.
The request shall specifically identify each requirement to be reconsidered
and include a written explanation of why such a requirement would result in
Q substantial hardship or inequity. The request will be heard by the District
Commission at an evening meeting within 20 calendar days of the District's
receipt of the appeal letter. The appellant will be notified of the date and
time of the Commission meeting.
2. After ACHD Commission action, any request for reconsideration of the
Commission's action shall be made in writing to the Planning and
Development Supervisor within two days of the action and shall include a
minimum fee of $110.00. The request for reconsideration shall specifically
identify each requirement to be considered and include written
documentation of data that was not available to the Commission at the time
of it's original decision. The request for reconsideration will be heard by the
District Commission at the next regular meeting of the Commission. If the
Commission agrees to reconsider the action, the applicant will be notified of
the date and time of the Commission meeting at which time the
reconsideration will be heard.
3. Payment of applicable road impact fees are required prior to building
construction in accordance with Ordinance #188, also known as Ada
County Highway District Road Impact Fee Ordinance.
4. All design and construction shall be in accordance with the Ada County
Highway District Policy Manual, ISPWC Standards and approved
supplements, Construction Services procedures and all applicable ACHD
Ordinances unless specifically waived herein.
5. The applicant shall submit revised plans for staff approval, prior to issuance
of building permit (or other required permits), which incorporates any
required design changes.
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BURTON ROBERTS - CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A CHURCH PARKING LOT
Page 24
6. Construction, use and property development shall be in conformance with
all applicable requirements of the Ada County Highway District prior to
District approval for occupancy.
7. Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all
rules, regulations, ordinances, plans, or other regulatory and legal
restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the
subject property unless a waiver/variance of said requirements or other
legal relief is granted pursuant to the law in effect at the time the change is
use is sought.
8. No change in the terms and conditions of this approval shall be valid unless
they are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County
Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
SITE SPECIFIC REQUIREMENTS
1. Construct a 5-foot wide concrete sidewalk on Meridian Road abutting
the parcel.
2. Construct curb, gutter, 5-foot wide concrete sidewalk and match
paving on Elm Street abutting the parcel. Improvements shall be
constructed to one half of a 37 -foot street section.
3. Construct curb, gutter, 5-foot wide concrete sidewalk and match
paving on West 1st Street abutting this parcel. Improvements shall
be constructed to one half of a 37-foot street section.
4. Construct a 24 to 3D-foot wide curb cut driveway on Elm Street for
the alley, located as proposed.
5. Pave the alley it's full required width of 16-feet wide from the south
property line to Elm Street.
6. Utility street cuts in new pavement less than five years old are not
allowed unless approved in writing by the District. Contact
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
BURTON ROBERTS - CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A CHURCH PARKING LOT
Page 25
Construction Services at 387-6280 (with file number) for details.
7. As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
8. No access points to Meridian Road or West 151 Street have been
proposed and none are approved with this application.
9. Other than the access point specifically approved with this
application, direct lot or parcel access to Elm Street is restricted.
22. There was no further testimony given at the hearings.
CONCLUSIONS OF LAW
1. All the procedural requirements of the Local Planning Act and of the
Ordinances of the City of Meridian have been met, including the mailing of notice to
owners of property within 300 feet of the external boundaries of the property.
2. The City of Meridian has authority to grant conditional uses pursuant to
Idaho Code Section 67-6512 and pursuant to 11-2-418 of the Zoning And Development
Ordinance of the City of Meridian.
3. The City has the authority to take judicial notice of its own ordinances, other
governmental statutes and ordinances, and of actual conditions existing within the City
and the State.
4. The property is currently zoned (R-4) Low Density Residential District. The
(R-4), Low Density Residential District is described in the Zoning Ordinance, 11-2-408 B 3
as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
BURTON ROBERTS - CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A CHURCH PARKING LOT
Page 26
(R-4) Low Density Residential District - Only single-family dwellings shall be
permitted and no conditional uses shall be permitted except for Planned
Residential Development and public schools. The purpose of the (R-4) District is
to permit the establishment of low density single-family dwellings, and to delineate
those areas where predominately residential development has, or is likely to occur
in accord with the Comprehensive Plan of the City of Meridian , and to protect the
integrity of residential areas by prohibiting the intrusion of incompatible non-
residential uses. The (R-4) District allows for a maximum of four (4) dwelling units
per acre and requires connection to the Municipal Water and Sewer systems of the
City of Meridian.
5. Conditional Use Permit is defined in the Zoning And Development
Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses
authorized by this Ordinance in a zoning district."
6. The City of Meridian Zoning and Development Ordinances addresses the
off-street parking general requirements stated in 11-2-414 (A) as follows:
11-2-414 A GENERAL REQUIREMENTS
7. Required Submission of Parking Site Plan: All development
applications shall include a site plan (drawn to a minimum scale of
one inch equals fifty feet (50') which is fully dimensioned and shows
any parking or loading facilities to be provided in compliance with this
Ordinance. Such site plan shall be submitted to the Commission for
approval when the required off-street parking is more than six (6)
parking spaces and shall indicate ingress and egress to the area and
traffic patterns in adjacent streets and alleys and appropriate
landscaping.
7. The City of Meridian Zoning and Development Ordinances addresses the
location of Design Standards For Off-Street Parking 11-2-414 (D) 2. as follows:
11-2-414 (D) 2. DESIGN STANDARDS FOR OFF-STREET PARKING
1.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
BURTON ROBERTS - CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A CHURCH PARKING LOT
Page 27
2. Screening. Landscaping and Drainage:
a. Landscaping: Landscaping shall be required for all off-street
parking areas for multi-family residential, commercial,
industrial and technical developments;
b. Underground sprinkling systems shall be required to maintain
screening, planting strips, and other landscaping.
c. Screening: Whenever a commercial off-street parking area is
located in or adjacent to a Residential District, it shall be
effectively screened on all sides which adjoin or face any
property used for residential purposes by a wall, fence, or
planting screen that is not less than four feet (4') in height plus
a planting strip of four feet (4') minimum width or in an
alternate arrangement as approved by the Commission.
Suitable landscaping and ground cover shall be provided and
maintained on a continuing basis within the planting strip.
Planting screens or hedges shall not exceed two feet (2') in
height where location is such that sight lines are necessary for
vehicular movement across pedestrian ways.
At least one tree of not less than three inches (3") diameter
size class shall be provided for every one thousand five
hundred (1,500) square feet of pavement area.
d. Drainage: A drainage plan designed by an architect or an
engineer shall be submitted and required for all off-street
parking areas and shall be approved by the City Engineer.
3. Lighting: The illumination of a parking lot shall be designed so that
the light from lighting fixtures in the parking lot does not reflect direct
rays or spill over into adjacent Residential Districts. All parking lot
lighting arrangements shall be installed as approved by the City
Engineer. The following standards shall apply to all off-street parking
lots:
a. All lighting fixtures shall not be placed higher than thirty-five feet
(35') above the finished grade;
b. Fixtures shall be of the non-spill type and hooded to prevent
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
BURTON ROBERTS - CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A CHURCH PARKING LOT
Page 28
glare.
c. Candle power per fixture shall be in accordance with the
standards established by the City; and
d. Minimum security lighting shall be provided from eleven o'clock
(11 :00) p.m. to sunrise as approved by the City Engineer.
4. Paving: All open off-street parking areas shall be paved in
accordance with the standards established by the City.
5. Striping: Parking spaces shall be marked with striping which
outlines each parking space and designates direction of traffic in
access aisles to and from public rights-of-way. All parking areas with
a capacity over twelve (12) vehicles shall be striped with double lines
six (6) inches both sides of center between stalls to facilitate the
movement into and out of the parking stalls.
6.
8. The City of Meridian Zoning and Development Ordinances of the Schedule
of Parking Space Requirements in 11-2-414 (E) states as follows:
1.
2.c. Community Service Uses
(1) .. .
(2) . . .
(3) . ..
(4) Churches & other
places of religious
assembly
One (1) for each five
seats;
(5) . . .
(6) .. .
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
BURTON ROBERTS - CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A CHURCH PARKING LOT
Page 29
(7). . .
(8). . .
9. The City of Meridian has authority to place conditions on a conditional use
permit and the use of the property pursuant to Idaho Code, Section 67-6512, and
pursuant to that section conditions minimizing the adverse impact on other development,
controlling the duration of development, assuring the development is maintained properly,
and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D)
authorizes the City to prescribe a set time period for which a conditional use may be in
existence.
10. Section 11-2-418 D. states as follows:
In approving any Conditional Use, the Commission and Council may
prescribe appropriate conditions, bonds, and safeguards in conformity with
this Ordinance. Violations of such conditions, bonds or safeguards, when
made a part of the terms under which the Conditional Use is granted, shall
be deemed a violation of the Ordinance and grounds to revoke the
Conditional Use. The Commission and Council may prescribe a set time
period for which a Conditional Use may be in existence.
11 . This Application for a conditional use has been judged upon the basis of
guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of
the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67,
Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record
submitted to it and the things of which it may take judicial notice.
12. Section 11-2-418 C of the Zoning And Development Ordinance of the City
of Meridian sets forth the standards under which the Planning and Zoning Commission
and the City Council shall review applications for Conditional Use Permits. Upon a review
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
BURTON ROBERTS - CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A CHURCH PARKING LOT
Page 30
of those requirements and a review of the facts presented and the conditions of the area,
assuming that the above conditions or similar ones thereto would be attached to the
conditional use, the Planning and Zoning Commission concludes as follows:
a. The use, would in fact, constitute a conditional use and a conditional
use permit would be required by ordinance;
b. The use would be harmonious with and in accordance with the
Comprehensive Plan and the Ordinance;
c. The use would be designed, constructed, operated and maintained
to be harmonious and appropriate in appearance with the existing or
intended character of the general vicinity, and that such use will not
change the essential character of the same area;
d. The use would not be hazardous or disturbing to existing or future
neighboring uses;
e. The use would be served adequately by essential public facilities
and services such as highways, streets, police and fire protection,
drainage structures, refuse disposal, water, sewer or that the person
responsible for the establishment of proposed conditional use shall
be able to provide adequately any such services;
f. The use would not create excessive additional requirements at
public cost for public facilities and services and the use will be
detrimental to the economic welfare of the community;
g. The use would not involve uses, activities, 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;
h. The use would have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets; and
i. The development of the property would not result in the destruction,
loss or damage of a natural or scenic feature of major importance.
It is recommended that the conditional use permit be granted in this case.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
BURTON ROBERTS - CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A CHURCH PARKING LOT
Page 31
13. Conditions may be placed upon the granting of a conditional use permit if it
is determined that the permit should be issued, to minimize adverse impact on other
development. It is recommended by the Planning and Zoning Commission that the
following conditions of granting the conditional use be required, if a permit is issued, to
wit:
1. The conditional use permit shall not be transferable to another owner
or lessor of the subject property or to another property.
2. The Applicant shall meet the requirements of the City Engineer's
office, The Planning and Zoning Administrator, Meridian Fire
Department, Meridian Police Department, Meridian sewer
Department, Central District Health and Nampa & Meridian Irrigation
District and other governmental agencies submitting comments.
3. Coordinate fire hydrant placement with the Meridian Public Works
Department.
4. The conditional use shall not be restricted to a period of authorization
but may be reviewed upon notice to the applicant, for violation of any
conditions imposed herein and any violation of the Meridian
Municipal Code.
5. Provide parking lot lighting plans to the Meridian Public Works
Department. Illumination of the site shall be designed to not cause
glare or adversely impact neighboring residential properties or the
traveling public, as determined by the City of Meridian.
6. A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer with
calculations (Ord. 557, 10-1-91) for all paved areas. All site drainage
shall be contained and disposed of on-site.
7. All parking stalls are to be a minimum of 9'x19' with 25' driveways per
City Ordinance. Compact stalls may only be approved with the
approval by the Planning and Zoning Commission
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
BURTON ROBERTS - CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A CHURCH PARKING LOT
Page 32
8. Provide handicapped accessible stalls in accordance with ADA,
including appropriate signage.
9. Significant changes as determined by the Planning and Zoning
Administrator from the site plan approved under this conditional use
permit shall require re-noticing and rehearing before the Planning
and Zoning Commission and the City Council.
14. The above-conditions are concluded to be reasonable and the Applicant
shall meet these conditions.
15. It is recommended that the request for the conditional use permit be
approved.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and approves
these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER BORUP VOTED ~r
COMMISSIONER DeWEERD VOTED M/-<,
COMMISSIONER SMITH VOTED 4cl-t
COMMISSIONER NELSON VOTED ,dh:H;-~
CHAIRMAN MacCOY (TIE BREAKER) VOTED - ~.... -'--
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
BURTON ROBERTS - CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A CHURCH PARKING LOT
Page 33
DECISION AND RECOMMENDA rlON
The Meridian Planning and Zoning Commission hereby recommends to the City
Council of the City of Meridian that it approve the Conditional Use Permit requested by
the Applicant for the property described in the Application. The Applicant shall satisfy the
conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions
as found justified and appropriate by the City Council and that the property be required to
meet the water and sewer requirements, and the paving and landscaping requirements,
and all Ordinances of the City of Meridian. The conditional use should be subject to
review upon notice to the Applicant by the City.
MOTION:
APPROVED:
6-26-98 - Draft
C)h'~
f-1/1jf'8
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
BURTON ROBERTS - CONDITIONAL USE PERMIT
FOR THE CONSTRUCTION OF A CHURCH PARKING LOT
Page 34
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these Findings of Fact and
.p.
Conclusions of Law on this I t3 -- day of /1u rJ i , 1998.
ROLL CALL
COUNCILMAN BIRD VOTED ~
COUNCILMAN BENTLEY VOTED ~J.AL
COUNCILMAN ROUNTREE VOTED ~iUL
COUNCILMAN ANDERSON VOTED ~
MAYOR CORRI E (TIE BREAKER)
VOTED
(INITIAL)
APPROVED ~
DISAPPROVED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - UU f'
jJCL/L.b~ 113/- hrr Cfu-vLvA- h,1 /S-hA-hn-- ~~
.-;4-L ~;cI/d<-- G <9~ 7;i/~?C~