Sulamita Church MCU-2023-0008 FindingsCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SULAMITA CHURCH MCU-2023-0008
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Modification to the Existing Conditional Use Permit (H-2018-0110)
for Sulamita Church to Allow the Existing Manufactured Home Structure to Remain on the Site
for an Additional Two (2) years beyond the Date of Issuance of the Certificate of Occupancy for the
Church in Order to Continue the Operation of a Food Pantry in the Structure, Located at 4973 W.
Cherry Ln./1435 N. Black Cat Rd., by MMGC Sulamita.
Case No(s). MCU-2023-0008
For the Planning & Zoning Commission Hearing Date of: January 18, 2024 (Findings on February
1, 2024)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 18, 2024, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of January 18, 2024, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January 18,
2024, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of January 18, 2024, 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.
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SULAMITA CHURCH MCU-2023-0008
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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.
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of January 18, 2024, 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 a modification to the conditional use permit is hereby approved in
accord with the conditions of approval in the staff report for the hearing date of January 18, 2024,
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. Judicial Review
Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-6521(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
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SULAMITA CHURCH MCU-2023-0008
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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 January 18, 2024
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). SULAMITA CHURCH MCU-2023-0008
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By action of the Planning & Zoning Commission at its regular meeting held on the ___________ day of
________________, 2024.
COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED_______
COMMISSIONER MARIA LORCHER, VICE CHAIRMAN VOTED_______
COMMISSIONER NATE WHEELER VOTED_______
COMMISSIONER JARED SMITH VOTED_______
COMMISSIONER PATRICK GRACE VOTED_______
COMMISSIONER MANDI MEYERS VOTED_______
COMMISSIONER ENRIQUE RIVERA VOTED_______
_____________________________
Andrew Seal, Chairman
Attest:
__________________________________
Chris Johnson, City Clerk
Copy served upon the Applicant, the Planning and Development Services divisions of the Community
Development Department, the Public Works Department and the City Attorney.
By:__________________________________ Dated:________________________
City Clerk’s Office
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1st
February
2-1-2024
2-1-2024
2-1-2024
EXHIBIT A
Page 1
HEARING
DATE:
January 18, 2024
TO: Planning & Zoning Commission
FROM: Sonya Allen, Associate Planner
208-884-5533
SUBJECT: Sulamita Church – MCU
MCU-2023-0008
LOCATION: 4973 W. Cherry Ln./1435 N. Black Cat
Rd., in the NE 1/4 of Section 9, T.3N.,
R.1W.
I. PROJECT DESCRIPTION
Modification to the existing Conditional Use Permit (H-2018-0110) to allow the existing manufactured home
structure to remain on the site for an additional two (2) years beyond the date of issuance of the Certificate of
Occupancy for the church in order to continue the operation of a food pantry in the structure.
II. SUMMARY OF REPORT
A. Project Summary
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details
Acreage 8.49
Future Land Use Designation MDR
Existing Land Use Food pantry (temporary use)
Proposed Land Use(s) NA (church is in the development process to the north on the same parcel)
Current Zoning R-8
Proposed Zoning NA
Phasing plan (# of phases) 1
Physical Features (waterways,
hazards, flood plain, hillside)
Ten Mile Creek runs along south boundary
Neighborhood meeting date; # of
attendees
11/22/23
History (previous approvals) AZ-14-014 (DA #2015-023708); CUP-14-019 (expired); H-2018-0110 (CUP)
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C. Project Area Maps
III. APPLICANT INFORMATION
A. Applicant:
Aleks Yanchuk, MMGC Sulamita – 4973 W. Cherry Ln., Meridian, ID 83642
B. Owner:
MMGC Sulamita – 4973 W. Cherry Ln., Meridian, ID 83642
C. Agent/Representative:
Same as Applicant
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
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IV. NOTICING
Planning & Zoning
Posting Date
Newspaper Notification 1/2/2024
Radius notification mailed to
properties within 500 feet 12/29/2024
Public hearing notice sign posted
on site 1/4/2024
Nextdoor posting 12/29/2024
V. STAFF ANALYSIS
The existing conditional use permit (CUP) (H-2018-0110) approved a church to develop on this site and
allowed the former dwelling/manufactured home, consisting of approximately 2,439 square feet, to be used
as a job shack while the church was being constructed. This structure, along with the accessory structures on
the site, were required to be removed prior to issuance of the Certificate of Occupancy for the church.
The Applicant states the existing structure has been being used as a food pantry, providing food to over 100
families in the community. The church is now nearing completion of construction and the Applicant requests
the structure is allowed to remain on the site for an additional 2-years after the Certificate of Occupancy is
issued in order to continue providing food to area families who rely on the support. During this extended
period, the Applicant plans to pursue fundraising to establish a permanent location for the food pantry.
The CUP modification is requested to change the use of the existing structure from a job shack to a food
pantry; and to extend the time period it can remain on the site for up to two (2) years from the date of
issuance of the Certificate of Occupancy for the church. Because the use provides a needed service for the
community and is secondary to the church use, it’s considered an accessory use to the approved church use;
therefore, Staff is amenable to the request.
The following Comprehensive Plan policy supports the request: “Strengthen public services, programs, and
community resources to be responsive to and representative of Meridian's diversity.” (2.05.01G)
A site plan was submitted, included in Section VII, that depicts the location of the structure housing the food
pantry along with the access driveway via N. Black Cat Rd., which connects to the church parking lot, and
off-street parking for five (5) vehicles.
As conditions of approval of the subject application, Staff recommends the following:
• The structure should connect to City water and sewer within 30 days of approval of the subject
application or prior to issuance of Certificate of Occupancy for the church, whichever occurs
first (if not already connected).
• A Certificare of Zoning Compliance application is required to be submitted for the change in
use of the building from residential to a food pantry associated with the church and for the
addition of the parking shown on the site plan.
• A building permit application is required to be submitted to change the use from residential to
commercial (i.e. food pantry) within 30 days of approval of the subject application.
• The address of 1435 N Black Cat Rd. should be placed on the building or on a sign at the
driveway entrance to the food pantry for way-finding purposes if not already existing.
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VI. DECISION
A. Staff:
Staff recommends approval of the proposed modification to the existing Conditional Use Permit per the
provisions included in Section VIII in accord with the Findings in Section IX.
B. The Meridian Planning & Zoning Commission heard this item on January 18, 2024. At the public
hearing, the Commission moved to approve the subject MCU request.
1. Summary of the Commission public hearing:
a. In favor: Aleks Yanchuk, Applicant’s Representative
b. In opposition: None
c. Commenting: None
d. Written testimony: Aleks Yanchuk, Applicant’s Representative
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. None
3. Key issue(s) of discussion by Commission:
a. None
4. Commission change(s) to Staff recommendation:
a. None
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VII. EXHIBITS
A. Site Plan & Photo
Food
Pantry
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. PLANNING DIVISION
1. The applicant shall comply with all previous conditions of approval [AZ-14-014 (DA #2015-
023708); H-2018-0110 (CUP)] associated with this site except as otherwise approved with this
application, as follows:
a. All existing structures except for the manufactured home structure that houses the food pantry
shall be removed from the site prior to issuance of Certificate of Occupancy for the church. Said
structure is allowed to remain and continue being used as a food pantry for an additional period
of up to two (2) years after the date the Certificate of Occupancy for the church is issued. At the
end of this period, the structure shall be removed.
b. The Applicant shall have connected to City water and sewer service within thirty (30) days of
approval of the subject application or prior to issuance of Certificate of Occupancy for the
church, whichever occurs first.
c. The address (i.e. 1435 N. Black Cat Rd.) shall be clearly depicted on the building or on a sign at
the driveway entrance to the food pantry for way-finding purposes if not already existing.
d. A Certificare of Zoning Compliance application shall be submitted for the change in use of the
building from residential to a food pantry associated with the church and for the addition of the
parking shown on the site plan.
e. A building permit shall be obtained from the Building Dept. to change the use of the
manufactured home from residential to a commercial use (i.e. food pantry). The Applicant shall
apply for the permit within 30 days of approval of the subject application.
B. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=317405&dbid=0&repo=MeridianCity
C. IDAHO TRANSPORTATION DEPARTMENT (ITD)
https://weblink.meridiancity.org/WebLink/DocView.aspx?id=315719&dbid=0&repo=MeridianCity
IX. FINDINGS
A. Conditional Use Permit (UDC 11-5B-6E)
The Commission shall base its determination on the Conditional Use Permit requests upon the following:
1. 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.
The Commission finds the proposed 8.49-acre site is large enough to accommodate the church and
accessory food pantry and meet all the dimensional standards and development regulations of the R-
8 zoning district.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with
the requirements of this title.
The Commission finds the food pantry (as an accessory use to the church) provides a needed service
for the community and is harmonious with the Comprehensive Plan if the Applicant complies with
the conditions of approval in Section VIII.
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3. 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.
The Commission finds the continued operation of the food pantry associated with the church will be
compatible with adjacent residential uses and the intended character of the area and will not
adversely affect the same.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely
affect other property in the vicinity.
The Commission finds the food pantry associated with the church will not adversely affect other
properties in the vicinity if the Applicant complies with the conditions of approval in Section VIII.
5. 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.
The Commission finds the food pantry associated with the church will continue to be served by the
public facilities and services noted.
6. 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.
The Commission finds the food pantry associated with the church will not create excessive
additional costs for public facilities and services and will not be detrimental to the economic welfare
of the community and will benefit the community.
7. 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.
The Commission finds the food pantry associated with the church will not detrimentally affect any
persons, property or the general welfare by the excessive production of traffic or emissions
generated from the site.
8. 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. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005)
The Commission is unaware of any natural, scenic or historic features that exist on this site of major
importance that will be destroyed or damaged by the food pantry use. The Commission should rely
on any public testimony presented to determine this finding.
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