King's Congregation Church (H-2023-0013) Findings CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW C�fIENty
AND DECISION&ORDER
In the Matter of the Request for Modification to the Existing Development Agreement(Instrument
#109088809,AZ-08-014)to Include an Updated Conceptual Development Plan&Building
Elevations for the Site and Modification to Provision#5.1.6,by Glancey Rockwell&Associates.
Case No(s). H-2023-0013
For the City Council Hearing Date of. May 9,2023 (Findings on May 23,2023)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 9,2023,incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 9,2023,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 9,2023,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 9,2023,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(LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by
ordinance,established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 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 Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR KING'S CONGREGATION CHURCH-MDA H-2023-0013
-1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 9,2023,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 City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's request for modification to the existing Development Agreement is hereby
approved per the provisions in the Staff Report for the hearing date of May 9,2023,attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a),an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted,including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67,Idaho Code.This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d)and 67-8003,an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of May 9,2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR KING'S CONGREGATION CHURCH-MDA H-2023-0013
-2-
By action of the City Council at its regular meeting held on the 23rd day of May
2023.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED
COUNCIL MEMBER JESSICA PERREAULT VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER JOHN OVERTON VOTED
COUNCIL MEMBER LIZ STRADER VOTED
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert E. Simison 5-23-2023
Attest:
Chris Johnson 5-23-2023
City Clerk
Copy served upon Applicant,Community Development Department,Public Works Department and City
Attorney.
By: Dated: 5-23-2023
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR KING'S CONGREGATION CHURCH-MDA H-2023-0013
-3-
EXHIBIT A
STAFF REPORT E I
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 5/9/2023 I'l
Legend
DATE: I- ()
(Project Loon-fian
TO: Mayor&City Council
FROAM: Sonya Allen,Associate Planner
208-884-5533
SUBJECT: King's Congregation Church-MDA _EMV1 M_ Ry- D
1-1-2023-0013
LOCATION: 1150 E. Pienza St.,in the NE 1/4 of
Section 30,T.3N.,R.IE. (Parcel
9SI130120725)
L JIM,
1. PROJECT DESCRIPTION
Modification to the existing Development Agreement(AZ-08-014 -Inst. 4109088809)to update the
conceptual development plan&building elevations for the site.
11. SUMMARY OF REPORT
A. Applicant:
Ryan McColly,Glancey Rockwell and Assoc.— 1257 W. River St., Ste. 110, Boise, ID 83 702
B. Owner:
King's Congregation Church— 1150 E. Pienza St.,Meridian,ID 83642
C. Representative:
Same as Applicant
111. NOTICING
City Council
Posting Date
Notification published in 4
newspaper /23/2023
Notification mailed to property 4/21/2023
owners within 300 feet
Applicant posted public hearing
notice on site 3/4/2023
Page 1
EXHIBIT A
Nextdoor posting 4/21/2023
IV. STAFF ANALYSIS
The Applicant requests a modification to the existing DA(Inst. #109088809)to update the conceptual
development plan&building elevations for the site and modify provision 95.1.6.
The original DA was required with annexation(AZ-08-014) of the property and included a plan for
the first and second phases of development. The first phase included improvements to the existing
7,000 square foot(s.f) church building,removal of the access point via E.Victory Rd.,a paved 41-
space parking lot with an emergency turnaround for the Fire Dept. off of Pienza St.,the installation of
a landscaped street buffer along E.Victory Rd. and a pressurized irrigation system. The second phase
was for a new 42,500 s.f. church building on the site with an additional 52 parking spaces and
associated landscaping.See Section VIA below.
The Applicant proposes to reduce the size of the new building from 42,500 to 7,400 s.f. as it exceeds
the current needs of the church and change its location on the site. The existing building will remain
along with some of the existing parking.Parking is proposed where the new building was previously
proposed to be located on the southern end of the site. The design and building materials of the new
building is proposed to change from a 2-story to a single-story and will include a dark gray asphalt
shingled roof instead of a blue metal roof,white horizontal siding instead of stucco and stone veneer
wainscot with a white steeple.Although the proposed roofing material/color and siding materials
differ from the existing structure,the main color, stone wainscot and roof pitch of the buildings are
generally compatible and should be compatible with adjacent residential structures. Final design is
required to comply with the design standards in the Architectural Standards Manual. See Section VIB
below.
A change is also proposed to DA provision 95.1.6,as follows: "Direct access to Victory Road is
prohibited. Access to this site shall be provided from E.Pienza Street and S.Mesa Way.All other
access points to/from the site are prohibited unless approved by ACHD and the City of Meridian."
See Section VI.B below.
The previous development plan did not have an access via S.Mesa Way as the street had not been
constructed at that time. The proposed access via Mesa Way will provide better connectivity and
access with adjacent developments and streets. The"jog"in the access points from Mesa Way and
Pienza St. should assist in slowing traffic and reducing cut-through traffic through the site.
The off-street parking proposed for the development exceeds the standards in UDC 11-3C-6 by 74
spaces.Based on the overall square footage of the buildings (i.e. 14,329 s.f),a minimum of 28 spaces
are required; a total of 103 spaces are proposed.
The site design is required to comply with all applicable UDC standards. A detailed review of the site
plan,landscape plan and building elevations will take place with the Certificate of Zoning
Compliance and Design Review applications prior to submittal of a building permit application.
V. DECISION
A. Staff:
Staff recommends approval of the proposed modification to the DA with the changes noted in
Section VLB as discussed above in Section IV.
B. The Meridian City Council heard this item on May 9, 2023. At the public hearing.the Council
moved to approve the subject MDA request.
1. Summary of the City Council public hearing:
Page 2
EXHIBIT A
a. In favor: Ryan McColly,Applicant's Representative
b. In opposition: None
C. Commenting: Mike Bierman
d. Written testimony: Ryan McColly,Applicant's Representative (in agreement with staff
report)
C. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s)of public testimony:
a. Questions pertaining to if Pienza St. is going to be extended through the site to Mesa
Way and the height of the proposed structure.
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation.
a. None
Page 3
EXHIBIT A
VI. EXHIBITS
A. Existing Master Conceptual Development Plan,Building Elevations&Development Agreement
Provisions
KINGS CONGREGA'I'PONHASEQry RpC - MASTER CONCEPT PLAN
TWO PROPOSAL
PRLLIMINARY SITE PLAN APPLICATION
ANNEXATION 8 CERTWICATE OF ZONING COMPLIANCE
NOVEMBER 19.2908 Laved
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Page 4
EXHIBIT A
Phase 1:
THE KING'S CONGREGATION CREC-MASTER CONCEPT PLAN 1118108
THE KING'S CONGREGATION CREC-MASTER CONCEPT PLAN 11/18/08
P E ONE-PROPOSED NEW COLOR SCHEME-BLUE METAL ROOF EXSISTING PbPE ONE-PROPOSED NEW COLOR SCHEME-BLUE METAL ROOF EXSISTING
N TION
One of Eiqht Two of Eight
THE KING'S CONGREGATION CREC-MASTER CONCEPT PLAN 11/18/08
THE KING'S CONGREGATION CREC-MASTER CONCEPT PLAN 11/18/08
01 li I " - - 7q
PHASE ONE-PROPOSED NEW COLOR SCHEME-BLUE METAL ROOF EXSISTING tNGE
SE ONE-PROPOSED NEW COLOR SCHEME-BLUE METAL ROOF EXSISTING
�-EAST ELEVATION(CONCEPT ONLY-NOT FIELD VERIFIED) BUILDING-WEST ELEVATION(CONCEPT ONLY-NOT FIELD VERIFIED)
Three of Eight Four of Eight
- Page 5 —
EXHIBIT A
Phase 2:
THE KINGS CONGREGATION CREC—MASTER CONCEPT PLAN 11/18/08
THE KING'S CONGREGATION CREC—MASTER CONCEPT PLAN 11/18/08
■ ■ ■ ■ ■ � e�e000000�
PHASE TWO—PROPOSED NEW BUILDING P E TWO—PROPOSED NEW BUILDING
N�UILDING—EA N SAN�UILDING—WEST ELEVATION(CONCEPT ONLY)
Five of Eight Six of Eight
THE KING'S CONGREGATION CREC—MASTER CONCEPT PLAN 11/18/08 THE KING'S CONGREGATION CREC—MASTER CONCEPT PLAN 11/18/08
07- T� �,l 7R17
PHASE TWO—PROPOSED NEW BUILDING PHASE TWO—PROPOSED NEW BUILDING
NEW SANCTUARY BUILDING—SOUTH ELEVATION(CONCEPT ONLY) NEW SANCTUARY BUILDING—NORTH ELEVATION(COMBINED)
Seven of Eight Eight of Eight
Page 6
EXHIBIT A
Existing Development Agreement Provisions(Inst. 4109088809)
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under City's Zoning Ordinance codified at Meridian Unified
Development Code§ 11-2B.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the
following special conditions:
1. The applicant shall be responsible for the construction and installation
of, and all costs associated with, the sewer and water service
extension and connection to such City services.
2. Any and all 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,when services are available from the City
of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
3. No signs are approved with the subject annexation approval. All
business signs will require a separate sign permit in compliance with
UDC 11-3D.
4. Construct a minimum 5-foot wide detached sidewalk along Victory
Road, as proposed on the "Conceptual Master Plan" attached as
Exhibit A.2 of the Staff Report prior to issuance of certificate of
occupancy for the existing church building in"Phase l",as defined in
the Conceptual Master Plan.
5. The existing driveway accesses to Victory Road shall be removed
prior to issuance of Certificate of Occupancy for the existing church
building in Phase 1.
6. Direct access to Victory Road is prohibited. Access to this site shall
be provided from E. Pienza Street. All other access points to/from
the site are prohibited unless approved by ACHD and the City of
Meridian.
7. Provide a pedestrian pathway through this site for interconnectivity
between Tuscany Village Subdivision and Cavanaugh Subdivision
and for access to the future school site to the west,as depicted on the
Conceptual Master Plan. Said pathway shall be constructed prior to
issuance of Certificate of Occupancy for the existing church building
in Phase 1.
8. A minimum 25-foot wide street buffer shall be installed adjacent to
Victory Road in compliance with the standards listed in UDC 11-3B-
7C. Said buffer shall be installed prior to issuance of a Certificate of
Occupancy for the existing church building in Phase 1.
Page 7
EXHIBIT A
9. A minimum 10-foot wide street buffer shall be installed adjacent to
Mesa Way in compliance with the standards listed in UDC 11-313-7C.
Said buffer shall be constructed with each phase of development,as
depicted on the Conceptual Master Plan,prior to release of Certificate
of Occupancy for each structure.
10. A minimum 20-foot wide landscape buffer shall be installed along the
southern end of the west property boundary,and the south and east
property boundaries adjacent to residential uses,in compliance with
the standards listed in UDC 11-313-9C. Said buffer shall be
constructed with each phase of development, as depicted on the
Conceptual Master Plan, prior to the Certificate of Occupancy for
each structure.
11. The Applicant shall comply with the tree preservation standards listed
in UDC 11-3B-10 for protection of existing trees that are proposed to
be retained and existing trees 4-inch caliper and greater that are
proposed to be removed.
12. Development of this site shall substantially comply with the
Conceptual Master Plan and building elevations, including
construction materials, submitted with the subject annexation
application included as Exhibits A.2, A.3, and A.4 of the Staff
Report.
13. Development of this site shall comply with the current design
standards in effect at the time of Certificate of Zoning Compliance.
14. A Certificate of Zoning Compliance (CZC) that meets the
requirements herein is required for approval of the existing church
use,prior to release of Certificate of Occupancy for the structure in
phase 1. Another CZC will be required for Phase 2 of the
development,as set forth in the Conceptual Master Plan.
15. The applicant shall bring the exiting systems in the existing building
up to current International Fire Code standards,prior to issuance of
Certificate of Occupancy for the change in use of the building.
Page 8
EXHIBIT A
B. Proposed Conceptual Development Plan,Building Elevations&Change Development Agreement
Provision 95.1.6
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Page 9
EXHIBIT A
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The Applicant proposes the following change to Development Agreement provision 95.1.6:
"Direct access to Victory Road is prohibited.Access to this site shall be provided from E. Pienza Street
and S.Mesa Way. All other access points to/from the site are prohibited unless approved by ACHD and
the City of Meridian."
Note:All other provisions remain the same; no other changes are proposed.
Page 10