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Meridian Gospel Tabernacle CUPMayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 8, 1998 TRANSMITTAL DATE: APRIL 21, 1998 HEARING DATE: MAY 12. 1998 REQUEST: CONDITIONAL USE PERMIT FOR MERIDIAN GOSPEL TABERNACLE BY: BURTON ROBERTS LOCATION OF PROPERTY OR PROJECT: LOTS 3.4.5 & 6 OF BLOCK 4 MERIDIAN NIDAYS 2ND ADDITION JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _+CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: Meridian Gospel Tabernacle PHONE: 888-2310 ADDRESS: 1507 N. Meridian RD - P.O. Box 432 83680 GENERAL LOCATION: Lots 3, 4, 5&6 of Block 4, Meridian Nidays 2nd Addition DESCRIPTION OF PROPOSED CONDITIONAL USE: Church Parking Lots ZONING CLASSIFICATION: R-4 I certify that the information contained herein is true and correct. Signature of Applicant Federal Employer # Social Security Number _ 11 216 LEGAL NOTICE OF PUBLIC HEARING pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by the property generally described as located at SUBDIVISION, BLOCK , LOT TO for Instruction # 1: Applicant: Burton Roberts 1523 N. Meridian RD Meridian, ID 83642 Phone # Off. 888-2310 - Hm. 888-2561 Instruction # 2: Owner of Property in question: Meridian Gospel Tabernacle 1507 N. Meridian RD Meridian, ID 83642 Mailing address: P.O. Box 432 Meridian, ID 83680 Phone # 888-2310 Instruction # 3: Lots 3,4,5 & 6 of Block 4, Meridian Nidays 2nd Addition: A part of the NE 1/4 of the NE 1/4 and of the N. 1/2 of the SE 1/4 of sec. 12, T.3 N.,R. 1 W., B. M. Instructions # 5,6&7 Description of existing and present use of Lot 3 : With a street address of 1421 N. Meridian Rd this property now has a three bedroom home used as a rental property. The plan is to continue to use this property as a rental until such time as it becomes appropriate and necessary to convert it to parking. Description of existing and present use of Lot 4 : With a street address of 1431 N. Meridian Rd this property has been a vacant lot since 1993 used for growing weeds and occasional parking. The plan is to convert this property to a parking lot as soon as is possible. Description of existing and present use of Lot 5 : With a street address of 1432 West First Street this property now has a vacant 2 bedroom home. The plan is to sell and move the building from the lot and convert this property to a parking lot as soon as is possible. Description of existing and present use of Lot 6 : With a street address of 1424 West First Street this property now has a two bedroom home used as a rental property. The plan is to continue to use this property as a rental until such time as it becomes appropriate and necessary to convert it to parking. Instruction 4 8: These lots are all currently zoned - R-4 • Instruction # 12: These lots are located across Elm street south of the existing MGT property and will be easily accessible for the membership to use as parking. Instruction # 14: Meridian Gospel Tabernacle agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. Instruction # 16: Meridian Gospel Tabernacle will post the property in question 1 week before the hearing stating that we have applied for a Conditional Use Permit. P-166889 JLH—PP p A Pioneer Compsny PIONEER TITLE COMPANY OP ADA COUNTY 8151 W. Rifleman Ave / Boise, Idaho. 83704 / (208) 377-2700 WARRANTY DEED (INDIVIDUAL) 0 FOR VALUE RECEIVED D. LEONE LUND, AN UNMARRIED PERSON AS HER SEPARATE PROPERTY Grantor , does hereby grant, bargain, sell and convey unto MERIDIAN GOSPEL TABERNACLE A TRUSTEESHIP the Grantee , whose current address is: P.O. BOX 432, MERIDIAN, ID 83680 the following described real property in ADA County, State of Idaho, more particulary described as follows, to -wit: LOT 5 BLOCK 4 OF NIDAY'S SECOND ADDITION TO MERIDIAN, IDAHO, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 11 OF PLATS AT PAGE 594, RECORDS OF ADA COUNTY, IDAHO. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee , and Grantee heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee , the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee ; and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Dated: April 15, 1998 10 LEONE ND STATE OFTn� A%•, N� NA tfo.County of ADA , ss. On thist 4' ��y �jTJlyQcii rr iin the year of 1998 , before me, HE UNDERSTONFD -- a notary pubiic, per- sonally appeor known or idcttiflA t bldltU e t pe&n whose name _ g subscribed to the within instrument, and acknowledged�fiJ-'%.•.A2t+ le *uted the same. . T Residing At Boise, ID Notary Public: Comm Exp 06/22/2001 Residing at: My Commission Expires: , , -/ P 5 1 M 1. q u i • .. ' WARRANTY DEED For Value Received HEIIN L. ROBEia'S, an unmarried woman hereinafter referred to as aw*cr, does hereby grant, bargain, sell, and convey unto MMIDIAN GOSPEL TABERQCLE hereinafter referred to as Grantee, whose current address is P.O. BOX 432, MMMIAN, ID 83642 the following described premises, to -wit: Lot 4 in Block 4 of NIDAY'S SECOND ADDITION TO MERIDIAN, according to the official plat thereof, filed in Book 11 of Plats at Page 594, official Records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said, premises; that said premises are free from all encunitrances except current years taxes, levies, and assesmnents, and except U. S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantar will warrant and defend the same from all claims whatsoever. Dated: March 4?, 1993. HELEN L. ROBERTS : ss COUNTY OF ADA ) on This,` day of March, in the year 1993, before me, a Notary Public in and for said State, personally appeared HELEN L. ROBERTS, known or identified to me to be the persons whose names are subscribed to the within Instrument, and acknowledged to me that they executed the same. 9322375 FIRST AMERICAN TIl'LE CO. N Public for Idaho '.1111118.,', Res-,, ding at Boise, Idaho �4► N Ar.% A COUNTY, I D. FOR Commission Expires: DECEMBER 21, 1995 gyp••.•• •..d�, VID PIAVARRO t�OTARl. f RDER B ,..�pURLI G ORB 29 PIS 4 37 , ';OF I'D '118114ftlesto First American Title Company of Idaho J�Ulb'1`i i w D;V! 1 i` : J, i -Flo A Pioneer Company BOISE I [) PIONEER TITLE COMPANY PIONFFq TME q OF ADA COUNTY 8151 W. Rifleman Ave / Boise, Idaho 83704 / (a 9) a102POff f[E.. READ AND WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED CLINT F. GEE AND MICHELLE R. GEE (WHO ACQUIRED TITLE AS MICHELLE GARNER) HUSBAND AND WIFE Grantor s , do hereby grant, bargain, sell and convey unto MERIDIAN GOSPEL TABERNACLE R v. a'c 'I.3d the Grantee , whose current address is: IS07 N. MElttb MERIDIAN, ID 83642 the following described real property in ADA County, State of Idaho, more particulary described as follows, to -wit: LOT 6 IN BLOCK 4 OF NIDAY'S SECOND SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 11 OF PLATS AT PAGE 594, RECORDS OF ADA COUNTY, IDAHO. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee , and Grantee heirs and assigns forever. And the said Grantor ado hereby covenant to and with the said Grantee , the Grantor s are the owner s in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee ; and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor a will warrant and defend the same from all lawful claims whatsoever. Dated: March 10, 1995 ^` CLINT F. GEE MICHELLE R. GEE — _ STATE OF IDAHO —County of ADA , ss. On this _]-O_day of March , in the yearof 1995 beforeme MANNA L. STORK , a notary public, per- sonally appeared CT.TNT F 4RR AND MTC1iF.T.T.F. R '( F.F. known or identified tome to be the persoll"*w,bose name s_ are subscribed to the within instrument, and acknowledged to me that the 1rcuE4d the -aim. Ndtary Public c Residing at: iRTIDIAN c 'My Commission Expires: JANUARY 23, 1996 a 1000Ui ADA G000RDCP, J. DA': i J iiAVAP.RO A Pioneer Company BOISE ID PIONEER TITLE COMPANY PI()NFLO TME OF ADA COUNTY p��p PPI r� O 8151 W. Rifleman Ave / Boise, Idaho 83704 / (208) P -J700 1 L L FEE �3 G 0 .. READAN4OAPP 61i11 r;cQUCST OF WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED JOHN L. LIGGETT AND SHANNON LIGGETT, HUSBAND AND WIFE Grantor s , do hereby grant, bargain, sell and convey unto . MERIDIAN GOSPEL TABERNACLE the Grantee , whose current address is: PO BOX 432, MERIDIAN, ID 83680 the following described real property in ADA County, State of Idaho, more particulary described as follows, to -wit: - LOT 3 IN BLOCK 4 OF NIDAY'S SECOND ADDITION TO MERIDIAN, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 11 OF PLATS AT PAGE 594, RECORDS OF ADA COUNTY, IDAHO. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee , and Grantee heirs and assigns forever. And the said Grantor sdo hereby covenant to and with the said Grantee , the Grantor s are the owner s in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee ; and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor a will warrant and defend the same from all lawful claims whatsoever. Dated: February 04, 1997 �,WHN L.f-LICC TT . SHANNON LIGGETT STATE OF IDAHO —County of ADA , ss. On this 04 day of February , in the year of 1997 , before me DAVID E. SELLS a notary public, per- sonally appeGGETT AND SHANNON LIGGETT HUSBAND n_IJTVP. known or' e e person s_whose name s_ A ubscribed t f1t, and acknowl xecuted the same. y� JOU 4� Notary 1 +� ,7!►r. Residing at: _MERTDTAN_ TDAHO y Commission Expires: 10-28-99 ■ READ AND APPROVED P-166889 JLH—PP �Y A Pioneer Company PIONEER TITLE COMPANY OF ADA COUNTY 8151 W. Rifleman Ave / Boise, Idaho. 83704 / (208) 377-2700 WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED D. LEONE LUND, AN UNMARRIED PERSON AS HER SEPARATE PROPERTY Grantor , does hereby grant, bargain, sell and convey unto MERIDIAN GOSPEL TABERNACLE A TRUSTEESHIP the Grantee , whose current address is: P.O. BOX 432, MERIDIAN, ID 83680 the following described real property in ADA County, State of Idaho, more particulary described as follows, to -wit: LOT 5 BLOCK 4 OF NIDAY'S SECOND ADDITION TO MERIDIAN, IDAHO, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 11 OF PLATS AT PAGE 594, RECORDS OF ADA COUNTY, IDAHO. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee , and Grantee heirs and assigns forever. And the said Grantor dms hereby covenant to and with the said Grantee , the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee ; and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Dated: April 15, 1998 i ___�r,. • 97008859 gr A Pioneer Company HiSE ID PIONEER TITLE COMPANY plomkw T -OR OF ADA COUNTY PW228151 W. Rifleman Ave / Boise, Idaho 83704 / (208) �T _Jf&FEEadoREADA%V PROVEDh1 ��7�1�161 tGS� WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED JOHN L. LIGGETT AND SHANNON LIGGETT, HUSBAND AND WIFE Grantor s , do hereby grant, bargain, sell and convey unto ' MERIDIAN GOSPEL TABERNACLE the Grantee , whose current address is: PO BOX 432, MERIDIAN, ID 83680 the following described real property in ADA County, State of Idaho, more particulary described as follows, to -wit: LOT 3 IN BLOCK 4 OF NIDAY'S SECOND ADDITION TO MERIDIAN, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 11 OF PLATS AT PAGE 594, RECORDS OF ADA COUNTY, IDAHO. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee , and Grantee heirs and assigns forever. And the said Grantor sdo hereby covenant to and with the said Grantee , the Grantor s are the owner s in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee ; and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor s will warrant and defend the same from all lawful claims whatsoever. Dated: February 04, 1997 �OHN L.�LIG`G SHANNON LIGGETT • r _��:. ` �� • 95016447 N; urt � 1.2 ,err,{� } � � E. R �� l%. ✓P�i L' •felt ��O A Pioneer Company PIONEER TITLE COMPANY PI®�� OF ADA COUNTY R TMP 8151 W. Rifleman Ave / Boise, Idaho 83704 / (2A P1'V1J2J.Q4&4"f'; 't t{ READ ANDP�ti�/�(� BY 1�'t' 0 Seo s%r� WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED CLINT F. GEE AND MICHELLE R. GEE (WHO ACQUIRED TITLE AS MICHELLE GARNER) HUSBAND AND WIFE Grantor s , do hereby grant, bargain, sell and convey unto MERIDIAN GOSPEL TABERNACLE .. 0. aX 4_1.3a jre the Grantee , whose current address is: , MERIDIAN, ID 836422 g_?Ol f0 e''fa the following described real property in ADA County, State of Idaho, more particulary described as follows, to -wit: LOT 6 IN BLOCK 4 OF NIDAY'S SECOND SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 11 OF PLATS AT PAGE 594, RECORDS OF ADA COUNTY, IDAHO. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee , and Grantee heirs and assigns forever. And the said Grantor sdo hereby covenant to and with the said Grantee , the Grantor s are the owner s in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee ; and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor s will warrant and defend the same from all lawful claims whatsoever. Dated: March 10, 1995 AA —L CLINT F. GEE Moa d iK Q, MICHELLE R. GEE 1 For Value Received WARRANTY DEED HELEN L. ROBERTS, an urmarried woman hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto hereinafter referred to as Grantee, whose current address is P.O. BOX 432, MERIDIAN, ID 83642 the following described premises, to -wit: Lot 4 in Block 4 of NIDAY'S SE00ND ADDITION TO MMMIAN, according to the official plat thereof, filed in Book 11 of Plats at Page 594, Official Records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free frcm all encunkrances except current years taxes, levies, and assessments, and except U. S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same frau all claims whatsoever. Dated: March J? , 1993. STATE OF IDAHO ) ss COiJrM OF ADA ) On This � 7_ day of March, in the year 1993, before me, a Notary Public in and for said State, personally appeared HELEN L. ROBERTS, known or identified to me to be the persons whose names are subscribed to the within Instrument, and acknowledged to me that they executed the same. ALLEY laaHIS ZSHI3 Ss3M • • N_ MFRTnTDM Pnan ALLEY ti { t� N ALLEY NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on August 18, 1998, for the purpose of reviewing and considering the application of Burton Roberts and Meridian Gospel Tabernacle, for a conditional use permit to construct a church parking lot located in the NE % of the NE % and of the N.'/Z of the SE % of Section 12, T.3 N.,R.1 W., Boise Meridian, Ada County, Idaho, and which property is generally located at Lots 3, 4, 5 & 6 of Block 4 , Meridian Nidays 2"d Addition. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 29th day of July, 1998. `'7> - WILLIAM G. BERG, JR., MY CLERK PUBLISH July 31 and August 14, 1998. . 120 `r SBJ�V!'1Syy1'LS SSE /,Zg 4 Al Lo 128 : w .6 O �4 K to 128cn rn A ^ E qtr if n N 8d `O 120 F-- 75 5 -4.1 ss E cn :.94 W 6 116 140 3 Sa9'49is',w 'o O � o ") O m . 120 `r SBJ�V!'1Syy1'LS SSE /,Zg 5 Al Lo 128 : w .6 1 K to 128cn rn A ^ E qtr if n O 8d `O 120 128 5 -4.1 ss E 116 Q ;� 6 116 140 Sa9'49is',w 'o O � o ") O m 116 08 /4g t a � 108.20 0 0 420 log �¢� 108.41 44/ae 9) 3 �5 E3 8.6 2 tia'��4,� Js f /t8 CHERRY STREET z 96 96 119.75 —] . 140 20= 21 96 96 S 6 9'Sa E 3-44- 0 -44• " ELA AVE. 8 IV .� 120 X120 W4" MAPLE. AVE. W f - N W 3i: 120 120 `r 4 5 2 Lo .6 7 8d `O 120 120 a 4 3 2 Lo 120 t,,; AVENUE r 1G v 120 �Q540 � 6 7 120 120 4-- v 3 2 120 w 120 120 �c^54 * TX CONFIRMATREPORT ** DATE TIME TO/FROM 19 07/29 09:3? 208 B88 1097 AS OF JUL 29 '90:38 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'32" 001 229 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on August 18, 1998, for the purpose of reviewing and considering the application of Burton Roberts and Meridian Gospel Tabernacle, for a conditional use permit to construct a church parking lot located in the NE % of the NE % and of the N. Y of the SE % of Section 12, T.3 N.,R.1 W., Boise Meridian, Ada County, Idaho, and which property is generally located at Lots 3, 4, 5 & 6 of Block 4 , Meridian Nidays 2"d Addition. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 29h day of July, 1998. WILLIAM G. BERG, JR., 01TY CLERK PUBLISH July 31 and August 14, 1998. NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on May 12, 1998, for the purpose of reviewing and considering the application of Burton Roberts and Meridian Gospel Tabernacle, for a conditional use permit to construct a church parking lot located in the NE % of the NE % and of the N. '/ of the SE % of Section 12, T.3 N.,R.1 W., Boise Meridian, Ada County, Idaho, and which property is generally located at Lots 3, 4, 5 & 6 of Block 4, Meridian Nidays 2"d Addition. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 22"d day of April, 1998. PUBLISH April 24 and May 8, 1998. ** TX CONFIRMATO REPORT ** DATE TIME TO/FROM 02 04/21 12:46 208 888 1097 AS OF APR 21 '102:46 PAGE. 01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'30" 001 222 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on May 12, 1998, for the purpose of reviewing and considering the application of Burton Roberts and Meridian Gospel Tabernacle, for a conditional use permit to construct a church parking lot located in the NE % of the NE % and of the N. 'ri of the SE % of Section 12, T.3 N.,R.1 W., Boise Meridian, Ada County, Idaho, and which property is generally located at Lots 3, 4, 5 &. 6 of Block 4, Meridian Nidays 2"d Addition. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 22"d day of April, 1998. WILLIAM G. BERG, JR., CITY CLERK PUBLISH April 24 and May 8, 1998. i 0 C MERIDIAN GOSPEL TABERNACLE CONDITIONAL USE PERMIT FOR PARKING LOT PROPERTY OWNERS WITHIN 300' BLACK MABEL I ELLIOTT JULIE A AND 1536 W 01ST WHEELER JUDITH M MERIDIAN ID 83642 1505 W 01ST ST MERIDIAN ID 83642 D & J PARTNERSHIP MONTGOMERY DENNIS G & LORETTA DESILET DENICE M 481 N CURTIS RD 1502 W 02ND ST BOISE ID 83706-1439 MERIDIAN ID 83642 1535 N MERIDIAN RD AUXIER RANDY & DIANNA SCARBOROUGH K W ET UX 1435 W 01ST ST 1533 W 01ST MERIDIAN ID 83642-2207 MERIDIAN ID 83642 SANDERS RANAE P BURSON LORI DENISE 1434 W 02ND 1528 W 01ST ST MERIDIAN ID 83642 MERIDIAN ID 83642 LUND D LEONE ERI DIANNGOSPEL TABERNACLE 200 W BEECH #101 P BOX 432 CALDWELL ID 83605 MER IAN ID83680-0432 1432 W 01ST ST 1523 ERIDIAN RD D 1507 N%MERIAN WADDOUPS DOROTHY 1431 N D 1427 W 01ST 1424 W MERIDIAN ID 83642 1421 S D 1405 N MERIDIAN RD JOSLIN ALAN W AND ALLEN SUSANNE CLAY EARL W & PATRICIA A 1425 W 01ST ST 1526 W 2ND MERIDIAN ID 83642 MERIDIAN ID 83642 TOWELL MICHELE AND NEWTON WALLACE RAY & SANDRA N TOWELL NORVAL N & ALICE 1523 W 01ST 1426 W 02ND ST MERIDIAN ID 83642 MERIDIAN ID 83642 COMBE FLOYD & MARY RANSLEY MICHAEL E & JANE A 1520 W 01ST 1419 W 1ST MERIDIAN ID 83642 MERIDIAN ID 83642 PARKER EVERETT 0 & LUELLA J ROBERTS PAUL K & CAROL 1516 W 02ND 1418 W 2ND ST MERIDIAN ID 83642 MERIDIAN ID 83642 HUCKABAY BOYD L AND FISHER JEAN /HEINMILLER/ NEWTON-HUCKABAY WENDY L 906 E 5TH ST 1513 W 01ST ST MERIDIAN ID 83642-2357 MERIDIAN ID 83642 E 1ST ST PAUL LARRY M & KATHLEEN MAYES WM DEAN JR PO BOX 581 PO BOX 593 MERIDIAN ID 83680-0518 MERIDIAN ID 83680-0593 1506 W 02ND ST 1419 N MERIDIAN RD WATSON TOM & LUMINA 3483 HOMER RD EAGLE ID 83616-1827 1411 W 01ST ST LOCK MICHAEL C 1410 W 2ND MERIDIAN ID 83642 ASHCRAFT ERMA 1404 W 1ST MERIDIAN ID 83642 MAXWELL MARGO J 1405 W 1ST MERIDIAN ID 83642 DOMKA DAVID & MARY JO 1404 W 02ND ST MERIDIAN ID 83642 FLOYD HILDA 519 MEADOWLAND DR BOISE ID 83713-7917 1353 W FIRST ST PHILLIPS GERALD N 544 W CHERRY LN MERIDIAN ID 83642-1651 1336 W 02ND ST SMART BLAINE E & STEWART KARRIE L 1332 W 01ST MERIDIAN ID 83642 BINGHAM MICHAEL LORIN & M ELIZABETH 1329 MERIDIAN MERIDIAN ID 83642 WILSON IRA E & PAULINE A CO -TRUSTEES 1323 W 01ST MERIDIAN ID 83642 TERRILL ARNOLD R AND JOY LINDA S 1324 W 01ST ST MERIDIAN ID 83642 PETERS EUGENE L & JAMIE L 1323 MERIDIAN RD MERIDIAN ID 83642 a m a � � x �4 CHERRY STREET 96 96 119.75 20 i . I 3 96 96 21 34 I9.BO .......... 2 , Sd9"JaE 3.4 0 ELO AVE. 120 14 Q 2 N , � �. . d }"� 75 d ,.94 W 120 � 31: CHERRY STREET 96 96 119.75 20 i . I 3 96 96 21 34 I9.BO .......... 2 , Sd9"JaE 3.4 0 ELO AVE. 12 0Q' t/ YJ cdo 120 2. W 4" MAPLE. AV E.2 �o w r c F - t!1 W 3 120 4 Q 2 d , � �. . d 7 5 d 8 d cO 120 � a g .� 120 IGV � 12 0Q' t/ YJ cdo 120 2. W 4" MAPLE. AV E.2 �o w r c F - t!1 W 3 120 12 0 `t 4 5 2 d , � .6 0 t° 7 d 8 d cO 120 � 120 4 3 2 d , � 12 0 t° AVENUE 1-4 v 120 �Q 5 7 120 120 4— It 2 120 0 120 120 5�� 4 �° coo CITY OF E RD w Hug OF TREA 33 EAST IDAHO MERIDIAN, IDAHO 83642 MABEL I. BLACK 1536 W. 1ST MERIDIAN, IDAHO 83642 EARL & PATRICIA CLAY 1526 W. 2ND MERIDIAN, IDAHO 83642 Z� 3 S X1(11 3 Y7 3 D & J PARTNERSHIP 481 N. CURTIS ROAD BOISE, IDAHO 83706 `1)r i &ia, n %owe n4 -C i c.. K W SCARBOROUGH ET UX 1533 W. 1ST MERIDIAN, IDAHO 83642 I21Lrli3Ve ZI"kk�Cr�l� WALLACE & SANDRA NEWTON FL YD & MARY COMBE 1523 W. 1 ST 1520 W. 1 ST MERIDIAN, IDAHO 83642 MERIDIAN, IDAHO 83642 `Z,i 3 smq 3, Zi 3 k`r<<111 3 vi3364 3qb EVERETT & UELLA PARKER BOYD & WENDY HUCKABAY �RRY & KATHLEEN PAUL 1516 W. 2ND 1513 W. 1 ST P.O. BOX 581 MERIDIAN, IDAHO 83642 MERIDIAN, IDAHO 83642 MERIDIAN, IDAHO 83680 Y/ �e`I(vl( 31-r I ULIE ELLIOT & JUDITH WHEELER 1505 W. 1 ST MERIDIAN, IDAHO 83642 2i 3�-93V 3 %)- DENICE DESILET 1502 W. 2ND MERIDIAN, IDAHO 83642 RANDY & DIANNA AUXIER 1435 W. 1ST MERIDIAN, IDAHO 83642 r RANAE SANDERS EONE LUND 1434 W. 2ND 200 W. BEECH #101 MERIDIAN, IDAHO 83642 CALDWELL, IDAHO 83605 -z, '3 g' ",I oI `3 `'I ALAN JOSLIN & SUSANNE ALLEN 1425 W. 1 ST MERIDIAN, IDAHO 83642 PAUL & CAROL ROBERTS 1418 W. 2ND MERIDIAN, IDAHO 83642 �,3 �' '-e, 41 zkl 3 M & LUMINA WATSON 3483 HOMER ROAD EAGLE, IDAHO 83616 Zl !3f -' Cj I tv/ ZINC MARGO MAXWELL 1405 W. 1 ST MERIDIAN, IDAHO 83642 �L"fin q `lo` GERALD PHILLIPS 544 W. CHERRY LANE MERIDIAN, IDAHO 83642 & PAULINE WILSON 1323 W. 1 ST MERIDIAN, IDAHO 83642 13 � c, CF L( '-� cl ICHELLE & NORVAL & ALICE TOWELL 1426 W. 2ND MERIDIAN, IDAHO 83642 ISHER 906 E. 5TH MERIDIAN, IDAHO 83642 Z / 3h �)�r- IIN MICHAEL LOCK 1410 W. 2ND MERIDIAN, IDAHO 83642 Z / 3h' '1 -we ( L/c� i DAVID & MARY JO DOMKA 1404 W. 2ND MERIDIAN, IDAHO 83642 BLAINE SMART & KARRIE STEWART 1332 W. 1 ST MERIDIAN, IDAHO 83642 ZFRINkIll) & JOY TEF�RELL 1324 W. 1 ST MERIDIAN, IDAHO 83642 Awl OROTHY WADDOUPS 1427 W. 1 ST MERIDIAN, IDAHO 83642 1 '� S -1 (-ilt -� "( 01 MICHAEL & JANE ( SLEY 1419 W. 1 ST MERIDIAN, IDAHO 83642 Z I 3 K` r<<y 1- / U WILLIAM DEAN MAYES, JR. P.O. BOX 593 MERIDIAN, IDAHO 83680 ERMA ASHCRAFT 1404 W. 1 ST MERIDIAN, IDAHO 83642 HILDA FLOYD 519 MEADOWLAND DRIVE BOISE, IDAHO 83713 2/3' `I�'zl '//! MICHAEL & ELIZABETH BINGHAM 1329 MERIDIAN MERIDIAN, IDAHO 83642 2-l3kLil1-Il -//1(l EUGENE & JAMIE PETERS 1323 MERIDIAN ROAD MERIDIAN, IDAHO 83642 Ile Vaney News, P.O. Box 299, Meridian, Idaho 83680 Affidavit of Publiction STATE OF IDAHO ss. COUNTY OF ADA Notice of Public Hearing/Burton Roberts & Meridian Gosl TITLE OF PUBLICATION CITY OF MERIDIAN, IDAHO PLAINTIFF OR LEGAL AGENT Tim Frates being deposes and says: That I am the Publisher of VALLEY weekly newspaper published at Meridian, in the County of Ada Idaho; that said newspaper has been and is in general circulatiol aforesaid, and in the vicinity of Meridian; that the advertisemen is attached hereto, was published in said newspaper once a wee] consecutive weeks in the regular and entire issue of said I period and time of publication, and was published in the newsp not a supplement; that said paper has been established and regu. more than seventy-eight consecutive weeks prior to the date of said advertisement. 9 Copy of Notice (First Copy) NOTICE OF PUBLIC HEARING CITY OF MERIDIAN, ID NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridi lan and the Laws of the State of Idaho, that the City Council of the City of Meridia, will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian Idaho, at the hour of 7:30 p.m., on August 18, 1998, for the purpose of;reviewinc and considering the application of gut•ton Roberts and Meridian Gospel Tabernacle. for a conditional use permit to construct a church parking lot located in the NE 1/, of the NE 1/4 and of the N. 1/2 of the SE 1/4 of Section 12, T.3N., RAW., Bois( Meridian, Ada County, Idaho, and which property is generally located. at Lots 3,4,` & 6 of Block 4, Meridian Nidays 2nd Addition. A more particular legal description of the above property is on file in the Cit; Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspec- tion during regular business hours. A copy. of.the Application is available upon request. Any and all interested persom, shall be heard at said -public hearing and the public is welcome and invited to submit testimony. Dated this 29th day of July, 1998 A/William G. Berg, Jr., City Clerk - L -565M July 31 and August 14, 1998 Such notice was published in the issue beginning with - 19 98 and ending with the issue of August 14 1998 D i R STATE OF IDAHO ) COUNTY OF ADA ) On this 3 day of September in the year of 1998 before me, a Notary Public, personally appeared Tim Frates , known or identified to me to be the person whose name subscribed to the within instrument, and being sworn, declared that the statements therein are true, and at he/she executed t m—ems'+ ,.oTA , 0B :O °' l ';My�in Notary Public for Idaho Residing atLC� ;ion expires __2��d'%D STATEMENT Valley News Meridian, Idaho Number of Lines ................ 20LINES Number of Insertions ............. 2 20 Lines @ $ 1.50 .....$ 30.00 20 Lines @ $1.25 .....$ 25.00 TOTAL COST WILL BE .....................$ 55.00 NO. L-565 M 0 Meridian City Council August 18, 1998 Page 15 Bird: Second it. Corrie: Motion made by Mr. Rountree and second by Mr. Bird that we approve the Findings of Fact and Conclusions of Law adopted and approved by the Planning and Zoning Commission. ROLL CALL VOTE: Bird, yea. Bentley, yea. Rountree, yea. Anderson, yea. MOTION CARRIED: All ayes. Corrie: Recommendation? Rountree: Mr. Mayor, I move that the Meridian City Council approve the conditional use permit for the outside seating with the conditions set forth in the Findings of Fact and Conclusions of Law and that all the ordinances of the City of Meridian be met. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird on the recommendation as read. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. (End of Tape) ITEM NO. 14: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT A CHURCH PARKING LOT BY BURTON ROBERTS AND MERIDIAN GOSPEL TABERNACLE — LOTS 3, 4, 5 AND 6 OF BLOCK 4, MERIDIAN NIDAYS 2ND ADDITION. Corrie: Okay, I'll open the public hearing and invite you to start. BURTON ROBERTS 1523 N. MERIDIAN ROAD WAS SWORN BY THE ASSISTANT CITY ATTORNEY. Roberts: I'm Burton Roberts representing Meridian Gospel Tabernacle for the request for conditional use permit to construct a church parking lot. Having received the Findings of Fact and Conclusions of Law, I need to first of all point out if you have those before you, there's a couple of areas that need clarification. On page 23, item 20, this is in regard to the Nampa Meridian Irrigation District's request for their application. I failed evidently to get the letter to the previous meetings. I have a letter from Nampa Meridian Irrigation District stating that after reviewing and site plan it appear there will be no impact on the Nampa Meridian Irrigation District. Therefore I feel no land use • Meridian City Council August 18, 1998 Page 16 • application is necessary nor any further review. So I don't know what that does to us in regard to that portion of the Findings of Fact and Conclusions of Law. Can that just be amended or we just ignore it? Corrie: No, we don't ignore it. We can delete it. We'll need the letter though that they sent you. Roberts: How many copies would you like? Corrie: One for the record. If you have extra copies, the council would probably like to see them too. Thank you. Roberts: Well I didn't give Mr. Berg one. Okay, the second point of clarification is found on page 32, item 7. Item 7 states all parking stalls are to be a minimum of 9 X 19 with 25 foot driveways per city ordinance. The next statement says the parking layout shown does not meet these requirements. That's the phrase that needs to stricken. That reference inadvertently got in there in reference to the first site plan that was presented. The second site plan is correct. I've talked with Shari Stiles about this and she said that she agrees with me that that's the way it is. That one sentence could be stricken; is that right Shari? Stiles: Yes. Roberts: And beyond that we have no problems with the Findings of Fact and Conclusions of Law and have intention with approval to meet all conditions that have been set forth. Corrie: Okay, thank you Mr. Roberts. Any questions from Council? Bird: I have none. Bentley: I have just one question. In the event that Meridian Road winds up five lanes, are you aware that that may have some impact on your property? Roberts: Yes. In talking with ACHD people about that, they were quick to point that out, and that's one of the reasons why they required only sidewalk and not curb, gutter and sidewalk, and so we will just be putting sidewalk there if approve which is easier to take care of than curb, gutter and sidewalk. Bentley: That's all I had. Thank you. Meridian City Council August 18, 1998 Page 17 Corrie: Any further questions? All right, thank you. Is there anyone else from the public that would like to issue testimony on this issue? Hearing none, council discussion? Rountree: Mr. Mayor I move that the Meridian City Council — Corrie: Then I will close the public hearing at this time. Okay. Rountree: Mr. Mayor I move the Meridian City Council approves the Findings of Fact and Conclusions of Law with the following amendments: Deleting item 20 on page 23 relating to the Nampa Meridian Irrigation District, deleting the second sentence in item 7 on page 32 relating to parking space size. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to accept the Findings of Fact and Conclusions of Law as adopted by the Planning and Zoning Commission with the additions of the deletions. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: Bird, yea. Bentley, yea. Rountree, yea. Anderson, yea. MOTION CARRIED: All ayes. Corrie: I'll entertain a motion on the decision. Rountree: Mr. Mayor, I move that the Meridian City Council approves 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 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. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to accept the decision and recommendation as read. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 15: PUBLIC HEARING: REQUEST FOR VARIANCE FOR OFF -PREMISE SIGN AT S. PROGRESS AVENUE / 1-84 BY R.T. NAHAS COMPANY — INTERSTATE 84 AND EAST 1ST STREET. MERIDIAN CITY COUNCIL MEETING: August 18 1998 APPLICANT: BURTON ROBERTS AND MERIDIAN GOSPEL TABERNACLE ITEM NUMBER: 14 REQUEST: CONDITIONAL USE PERMIT TO CONSTRUCT CHURCH PARKING LOT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED MINUTES FROM P & Z SEE ATTACHED FINDINGS V1 d o- 1� 9t '0610 All Materials presented at public meetings shall become property of the City of Meridian. 0 0 MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 14 1998 APPLICANT: BURTON ROBERTS AGENDA ITEM NUMBER: 1 REQUEST: CONDITIONAL USE PERMIT TO CONSTRUCT CHURCH PARKING LOT FOR MERIDIAN GOSPEL TABERNACLE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED MINUTES FROM 6/9/98 SEE ATTACHED FINDINGS OF FACT CIL G'�' �✓� reG C � c, 6ur VV BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. PLANNING AND ZANG COMMISSION JUNE 9, 1998 PAGE 14 Prior: Malcolm are you going to — I'm sorry I wasn't — Berg: Excuse me, the motion passes because its a 2-0 with one abstention. The quorum is for a meeting, we don't have to have a certain number of votes for or against. Smith: Mr. Chairman, the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for the property described in the application with 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, the fire and life safety codes, uniform fire code, parking requirements and the paving and landscape 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. Nelson: Second. MacCoy: All in favor? MOTION CARRIED: All aye. ITEM #6: CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT TO CONSTRUCT A CHURCH PARKING LOT FOR MERIDIAN GOSPEL TABERNACLE BY BURTON ROBERTS — LOTS 3, 4, 5 & 6 OF BLOCK 4, MERIDIAN NIDAYS 2ND ADDITION: MacCoy: Since we're continuing this hearing is anybody — first place we'll open the hearing and let you people start right now and then the Commissioners will have a chance to respond. Is anybody here with — Prior: Sir, state your name, spell your last name for the record please. Roberts: Burton Roberts. BURTON ROBERTS WAS SWORN BY CITY ATTORNEY Roberts: Following the previous meeting on May 12th, the first thing that happened is I had the privilege of meeting with a few of the neighbors following the meeting and enjoyed some time of conversation concerning our plans and attempted to assure them of our intent to comply with all City code concerning the parking lot and doing all we can to make it a beautiful addition to Meridian and also for your benefit I hired an engineer and had him draw up some new plans so it would be easier for you to see and understand, I delivered a large PLANNING AND ANG COMMISSION JUNE 9, 1998 PAGE 15 copy to the P & Z office and I also have a large copy with me if anyone desires to look at it, the smaller copies are given of course because they're handy to use and of course this was at a great added expense to us hoping and believing that this project will go forward, believing that we do have need of it and hopefully we'll receive approval for that, pledging again along with all the stipulations that ACHD has given us and their basic approval hoping to move ahead and make it a as I stated a great improvement to the community and definitely fulfills a need on our part. MacCoy: Any questions from the Commissioners? de Weerd: Not at this point. Smith: Mr. Chairman, Mr. Roberts, the way you've got this thing phased it doesn't work, I mean there's no way for someone who accesses the parking off the alley for them to get out because the way the parking is designed its a one way access to those spaces because they're angled parking and say you come in off the alley and go towards the Meridian Street side you can park in those spaces no problem but then there's no way to get out. Roberts: And as I've stated before, we have some options in striping, the plan is to show the final project. 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. Smith: Well yeah and I'm looking at the dimensions on the site and unfortunately it appears to me that the only way you can have a ninety degree parking area there is by not doing the landscaping right now at this time and having to park out Roberts: Well the landscaping will be done — whatever we have to do as I've said, we don't have to go with the parking as lined now in phase one, it's drawn this way so that the engineer doesn't have to go back and charge me some more in the final process, the lining will take place in a way that lets us do phase one sot that its beautified, it has the curb, gutter and sidewalk, it has all of the landscaping that we're going to use in the project in place and we will make do with whatever small amount of parking that adds to us until we're ready to do phase two, if that means putting six cars on each side of the alley, we'll put just six cars over there as twelve to twenty cars will help us now so I don't see a problem with lining it so that its easily accessed and used in phase one. Nelson: How many parking spaces are you providing here? PLANNING AND ZANG COMMISSION JUNE 9, 1998 PAGE 16 Roberts: It must be ultimately — Nelson: I get eighty. Roberts: That's what I get. Nelson: With both phases? Roberts: With both phases, yes. Nelson: And how many are you going to be able to park at your existing lot once it's laid out that meet the city ordinance of required aisle widths and space. Roberts: It would be 54. Nelson: Fifty-four? So you'd have 134 total spaces? Roberts: Yes. Nelson: And how many members of your congregation can you seat in your sanctuary? Roberts: According to my figures, the sanctuary by itself is 470. Nelson: Four hundred and seventy seats and our ordinance calls for one parking space per five seats? Roberts: Correct. Nelson: Which would require you to have 94 and — Roberts: And we also have a gymnasium that's attached to the building and on some occasions when you have a wedding, on those occasions the use of the gymnasium and the use of the sanctuary there are times when we expected to be full with phase one and phase two in place. Nelson: Sure. What were your plans for the landscape are? Are you planning on doing any berming there and how wide is the landscape strip, I really couldn't tell on the reduction here the dimensions are pretty small and — it looks like about — yeah, sure — it looks like six -feet? Roberts: On the outside? Nelson: Yes. PLANNING AND Z&G COMMISSION JUNE 9, 1998 PAGE 17 Roberts: I believe that's right and there's twelve -feet total in the center when that's completed . Nelson: Okay. Okay, I'm going to -- I guess before I pass this on I'd like to see a little more landscaping around here given the adjacent properties and some more trees and things to help screen this better and maybe consideration of a berm around the periphery of the site to help screen that in addition to just the trees. Roberts: And how much of a berm would you be suggesting? Nelson: Well six -feet — that's why I was asking about the width because six -feet isn't going to give you an opportunity to do very much in the way of berming and I don't know if you can squeeze on that twelve -feet in the center area and free up that a little bit. Maybe also 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 maybe you can afford to lose a couple of spaces on each end, I guess you — you know to pull the landscaping in farther off the street into the parking area you'd end up losing four spaces on each end to allow you to Roberts: Are you talking about on West First mainly and on Meridian? Nelson: West First and Meridian as well, that'd give you an opportunity to — Roberts: You're not talking about berming on Elm, just on the two streets? Nelson: Actually, I'd like to see it bermed on all three sides but — Roberts: How high a berm then is my next question. Are we creating — we're already — I visualize putting in low lights so that they're not bright and bothering the neighbors, we berm it we make an ideal spot which I just got rid of one for kids to congregate and do their thing, I mean we build this parking lot and we berm it in so nobody can see into it, wonderful, let's drive in there and park and have a beer and throw our can out for Pastor Roberts to pick up, that's why I'm thinking how high is this berm, are we building an amphitheater for them to hide in? Nelson: I can understand your concerns. To be honest with you — Prior: Where's this church? Roberts: I'm not talking about our people that park there I'm talking about the people that drive by, believe me the use of the parking lot gets more than from our parishioners I can tell you that. PLANNING AND ZC&G COMMISSION 0 JUNE 9, 1998 PAGE 18 Nelson: I'd have to sit down and do some sketches through — you know section studies but I'd you know just off the top of my head I'd say in the neighborhood of three to four feet, something like that, that'd 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 you'd probably come up with something that works there and plus if you get it wide enough you can slope it such that you're not really providing any hiding places per say I think and I'd like to see something like that but I don't know how my fellow Commissioners feel about that, that's pretty much all my comments on the site plan. Smith: Mr. Chairman I'd like to comment on that then. Yeah, if you do have an overabundance of parking I could see where it would be beneficial to the homes along at least West First or actually probably both, just at least get the berm high enough that the average size car headlights aren't going to shine into the homes. I think that's probably a reasonable request. Roberts: I don't have a real problem with it unless its — I've seen some berms that you know as I've driven around and looked at parking lots I've wups! wait a minute, when they say berm what are they talking about? Nelson: Yeah, I think the concern is mostly — (end of tape) — headlights and the Roberts: I don't see a problem with aiming at that, we want to make it as pleasing aesthetically and we want to get along with the neighbors otherwise I wouldn't have taken all the steps that we've taken and spent all the money we've spent already. Nelson: I still think that a paved parking lot with the trees and some berming is far better than the lot that's there now. Roberts: Yes. Nelson: So I think its a reasonable request for the neighbors to — Roberts: Yeah, I don't mind that request. It would be our intent to — Nelson: I would request though that for the benefit of City Council and — we'd probably need to — we have phase one and we have phase two, I'm not sure how far out phase two is planned — Roberts: We're a little unsure of it ourselves, we keep saying three to five years, you know part of what we look at is how quickly do we raise that much money again, you know churches we have to budget and we have to plan and so when PLANNING AND ZC&G COMMISSION 0 JUNE 9, 1998 PAGE 19 we say we think in three to five years we'll have enough money to do phase two we think we will be able to, if we could do it sooner of course we would. Nelson: Okay and also as far as phase one goes we have a line drawn here that looks pretty obvious as far as a clean line for the phasing but how extensive did you plan the landscaping then in phase one. Roberts: Complete, do it in a way that we can do it complete in phase one and then when we move on to phase two we just add the compliment of the same design to follow through into phase two. When we're done with phase one it should give everybody the picture of how it would be when it was finished. Nelson: Thank you. I have no further questions. de Weerd: Mr. Chairman, Mr. Roberts, I just had one question on how you plan to maintain phase two until you develop it? Roberts: Each of those lots currently have a rental home on them and so they will be maintained with lawns and the homes will be kept up until then. de Weerd: So you would not be extending the sidewalk and landscape through to the end of phase two then? Roberts: Right, it would be done in steps unless of course somebody twists my 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, we'd try to figure out some way to do it, it sure would not be the easiest or affordable way for us to do it but — de Weerd: So you would just have some kind of — you would still put in your storm retention area and so that would kind of block off any access to those lots in phase two? Roberts: From the parking, yes. de Weerd: Okay. I have no further questions. MacCoy: Mr. Smith, do you have anything else? Smith: Not at this time. MacCoy: Okay. I'd like to make a couple of comments to you here, just a matter of something for you to think about, on the lot size at the bottom section of your map here you've got two areas, you got an area here where parking is and an area here in the far corner the same way that could actually be moved in to PLANNING AND ZAG COMMISSION JUNE 9, 1998 PAGE 20 landscaping as part of that (inaudible) instead of just having asphalt there in a line. Roberts: On the alley side, is that where you're — MacCoy: Yeah, the backside in here and in here. Roberts: Oh okay, yeah right. MacCoy: You've done the same on First and on Meridian you've done that very thing, you've actually (inaudible) in there, I'm just saying that you might want to continue that, think about that at the official planning. Nelson: A question for you in the manner of you say it's a planter and you show trees, what do you plan to put in between the trees? Roberts: We haven't gone that far yet as to know what kind of selection that we would use, the engineer everything from low lying shrubs to smaller trees and personally I guess I would go with the low lying shrubs — MacCoy: Because that will determine the height of your berm see. Roberts: Yeah, there you go. MacCoy: Take that into consideration that's why you want to bring up — one other comment you can talk to your engineer about, is that we in this group here we understand the symbols that he uses here but in a Council side we don't have as many people of that understanding so when you show which reads to us as concrete sidewalk I think you might want to have him denote that as well as some of the dimensions because I don't know if that's a three-foot sidewalk or a five-foot sidewalk or anything else and you're going to get questions thrown at you from the Council so it would be woo of you to go back, either do it yourself or have him finish the job the same price. Roberts: Okay. Hopefully. MacCoy: Do you have anything else to add to this? Roberts: No. MacCoy: Okay, since its a continued public hearing (Inaudible) the public hearing. Yes, come on up. Prior: Ma'am, will you state your name and address and spell your last name for the record. PLANNING AND ZANG COMMISSION JUNE 9, 1998 PAGE 21 Newton-Huckabay: Its Wendy Newton-Huckabay, 1513 W. First Street. Oh my God -- Prior: That's all right, that's all right, I'm a little — Newton-Huckabay: I've never been in court. Prior: Me neither but if Byron has his way Joanne and I will be. WENDY NEWTON-HUCKABAY WAS SWORN BY THE CITY ATTORNEY. Newton-Huckabay: We had a little impromptu neighborhood meeting over, I guess it was last night, and we put together a statement and it appears that Mr. Roberts is addressing a lot of our concerns already so it looks like maybe we're a little bit closer to resolving the concerns in the neighborhood. I did make copies of our statement, I didn't know if I needed to bring those and give those to you folks — MacCoy: Yes, for the record. Newton-Huckabay: Okay, do you want me to hand them out now? MacCoy: If you want to give one to everybody fine, if you leave one for the — we need one. Does the applicant have a copy of this too? Newton-Huckabay: No but I have one for him. MacCoy: Okay would you give it to him. Newton-Huckabay: 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 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 PLANNING AND ZC&G COMMISSION 0 JUNE 9, 1998 PAGE 22 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 look at it too but a more sense of there I think. Thank you. MacCoy: Wendy would you sign the document you handed over here to us? Newton-Huckabay: Oh, I have one that was signed by everybody that I'm speaking on behalf of. MacCoy: That would be what we need, we need that. Okay, thank you very much. Is there anyone else here who would like to make a statement? Commissioners do you have anything you want to call for now? Nelson: I'd like — Smith: I don have one other thing to point out on the site plan. Sorry Mark. Nelson: That's alright, you're faster than me. Smith: Mr. Roberts, these 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, they don't work because what you need to do on those spaces you need to be able to pull back straight out of the space and pull in from a straight on shot and these would require you to both pull in and back out at an angel and you really can't use those spaces — I mean if you were driving a Honda Civic or something you could probably use those but — Roberts: I think those were intended for motorcycles. PLANNING AND ZC&G COMMISSION JUNE 9, 1998 PAGE 23 Smith: Good one. Prior: We're trying to keep it a little light tonight. Smith: When you sit down with your engineer again and make some of the modifications that I hope you'll address that I have asked you to look at that you'll consider a — you'll have to look at that too so — that's all. MacCoy: That's all for you? How about Mr. Nelson? Nelson: Yes Mr. Chairman, I would like to ask Mr. Roberts to respond for the record the issue about the time line and also what we can do to try to soften the connection so that if your three to five years turns into ten to twenty it sounds like the residents were concerned about that. Roberts: 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 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. Nelson: Okay, thank you. de Weerd: Mr. Roberts, I would hope that when you go to do phase two you keep in good faith your neighbors and not move the houses two years prior and leave that a weed infested lot. Roberts: I have no intention of doing that. I appreciate your comment. MacCoy: Before you leave, do you have any other comments to make concerning what you just were handed or — PLANNING AND ZAG COMMISSION JUNE 9, 1998 PAGE 24 Roberts: Well concerning what was just handed, you know reading over it quickly and listening as it was read, I agree, the rocks at the corner of Elm and First Street must — somebody else must have made that decision besides me, I'm sorry for that, I really am sorry that that's turned out the way it's turned out. We thought that was going to be an improvement, it's turned out to be a hazard and I agree that it is that and not only that my wife reminds me of it every time we walk by it so it will be our intention to try to do something about that, we have not addressed it to the point of deciding what to do but they are right, something needs to be done there. The other improvements, hopefully everything in the letter that they have concerns about in the existing property I would like to be able to say we would do it, I don't know when but I agree that there needs to be some upgrading there and would be all I can do to pledge to say they're right, we'll work on it. MacCoy: Okay, very good. Thank you. What's the favor of the Commissioners? Nelson: Mr. Chairman I would like to make a motion that -- (inaudible) MacCoy: (Inaudible) Okay, we'll close the — since there's nobody else that has come forward to speak toward this we're going to close the public hearing and now I give it over to Commissioner (inaudible) — Okay we've got one over here before we close. Prior: Just restate your name again so we know who — Newton-Huckabay: Wendy Newton-Huckabay. Prior: Just for the secretary when she types this up. Newton-Huckabay: I just would like you to address the half -done look issue, whether it would be some temporary trees planted along there or something but when I look at the plan, which I spent some time doing over last week, its 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. Thanks. MacCoy: Okay — Smith: I just have one more comment along those lines, I know I've brought up before but I'm just concerned about the phasing and how the parking is laid out it really is dependent upon both phases being complete and I don't know how the City Council's going to feel about having a parking lot layout here that really doesn't work until the second phase is done and it could be five years down the road before that happens. It might be a good idea for you to look at what your PLANNING AND ZAG COMMISSION JUNE 9, 1998 PAGE 25 temporary parking layout would be and have that available for the City Council when this item goes before them next month or whenever. That's it. MacCoy: Okay, good point. Any other questions, answers, what have you from the public? If not, we'll close the public hearing and now Commissioners what is your direction? Nelson: Mr. Chairman, I would like to make a motion that the City Attorney prepare Findings of Fact and Conclusions of Law. Smith: Second. MacCoy: All in favor? MOTION CARRIED: All aye. MacCoy: Aye's have it, it'll be moved forward. de Weerd: One comment Mr. Chairman, this will go to public hearing again at City Council and so the neighbors should have a chance to look at the temporary drawings so you will have a chance again to comment at that time what that first phase would look like and I would like to compliment the church for drawing up what you have and putting some time and effort into that. MacCoy: Thank you. Moving on to item #7. ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ACCESSORY USE PERMIT FOR HOME DAY CARE IN AN R-4 ZONE FOR FIVE OR FEWER CHILDREN BY ELAINE ESTACIO — 232 S. OUTFIELD WAY: MacCoy: Coming forward. Prior: Ma'am there's no need for any testimony so you can just have a seat if you'd like. This is an approval of Findings of Fact, it's not necessary for you to say anything. MacCoy: Okay, I thought you were just coming forward to tell me something else here. Commissioners, do you have anything you want to say on this? Nelson: I have no comments. Smith: I guess the only comment I've got is the Findings we are looking at approving a family child care home which allows up to five children maximum and I'm just concerned that that number is going to be complied with and I just 0 0 BEFORE THE MERIDIAN PLANNING AND ZONING COMMIS BURTON ROBERTS RFc'ErV1ED J U L 0 8 1998 CITY OF MERIDIAN 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 NIDAYS 2"D 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT 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 lots 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 lay out, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT 0 • 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 ACRD. Commissioner Smith inquired if the space between the stalls were going to be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT 0 asphalt, and inquired about the lines. Mr. Roberts noted it would be asphalt and the lines 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. 1s` 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. 1 sc 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT 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. 1St 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. 1St. 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. 111. 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 shutdown. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT • 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT • 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 little 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 Elm Street with the curb. Another solution would be at the entrance, inside the property, putting in a low 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT 9 0 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 asphalting 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT 0 • 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT r i 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT • 0 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT 0 • 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT 0 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT • 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT • 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT • 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 look at it too but a more sense of there I think." FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT C� 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 - Page 19 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT C� 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 - Page 20 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT 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 - Page 21 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT 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 11-9-606.13. 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-of-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) for all paved areas. All site drainage shall be contained and disposed of on-site. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT 0 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 - Page 23 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT 21. The Ada County Highway District submitted the following standard and site specific requirements comments regarding the project. STANDARD REQUIREMENTS: 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 a 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT 0 0 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 30 -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 - Page 25 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT 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 1s' 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 - Page 26 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT (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: 11-2-414A 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 - Page 27 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT 0 0 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 - Page 28 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT 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: 2.c. Community Service Use (4) Churches & other places of religious assembly 10M One (1) for each five seats; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 29 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT 0 • (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 - Page 30 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT • 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 L 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 - Page 31 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT • • 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 - Page 32 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT 0 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 COMMISSIONER DeWEERD COMMISSIONER SMITH COMMISSIONER NELSON CHAIRMAN MacCOY (TIE BREAKER) FINDINGS OF FACT AND CONCLUSIONS OF LAW - BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT VOTED VOTED VOTED VOTED 4jze..� VOTED `mss Page 33 0 DECISION AND RECOMMENDATION 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 review upon notice to the Applicant by the City. MOTION: APPROVED: 6-26-98 — Draft The conditional use should be subject to DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 34 BURTON ROBERTS - CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH PARKING LOT APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this day of '1998. 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