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HomeMy WebLinkAboutValley Shepherd Nazarene Church AZ-00-018 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF VALLEY SHEPHERD NAZARENE CHURCH, THE APPLICATION FOR ANNEXATION AND ZONING OF 34.84 ACRES FOR A CHURCH AND VACANT LAND, LOCATED ON THE WEST SIDE OF MERIDIAN ROAD BETWEEN OVERLAND ROAD AND VICTORY ROAD, MERIDIAN, IDAHO C/C 12-19-00 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. AZ-OO-OI8 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on December 19,2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works Department, appeared and testified, and appearing on behalf of the Applicant was Scott Field, and appearing and testifying were Jim Jewett and Dean Oberst, and no one appeared in opposition, and the City Council having duly considered the evidence and the record Page I FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) I in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for December 19,2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the December 19, 2000, public hearing; and the applicant, affected property owners, and government subdivisions prbviding services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISIqN AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) Page 2 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21,1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 34.84 acres in size and is located on the west side of Meridian Road between Overland Road and Victory Road. 6. The owner of record of the subject property is the Valley Shepherd Church of the Nazarene, Inc., of Meridian, Idaho. 7. Applicant is owner of record. 8. The property is presently zoned by Ada County as RT, and consists of vacant land. 9. The Applicant requests the property be zoned as R-8. 10. The subject property is bordered to the north by a vacant parcel in Ada County and by Elk Run & Bear Creek Subdivisions zoned R-4, to the South by a vacant parcel in Ada County, by the approved Bear Creek Subdivision zoned R-4 to the west and RT zoning in Ada County to the east. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) Page 3 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: as a church and multi-purpose facility. 14. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as residential. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 16.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYVALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) Page 4 written confirmation of said approval submitted to the Public Works l)epartment. 16.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 16.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.c. and 12-5-2.M. 16.4 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 16.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 16.6 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 16.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 16.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 16.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 16.10 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 16.11 Buffering of adjacent properties shall be reviewed during the conditional FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) Page 5 use permit process. 16.12 Approximately half of the 35-acre parcel proposed for annexation is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12- inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-inch gravity sewer line in Overland Road which shall be at or over capacity at build-out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunk along the east-bound off ramp of 1-84. As per P/Z and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it. Adopt the Recommendations of the Ada County Highway District as follows: 16.13 The applicant shall have a maximum of two driveways on Meridian Road. The driveways shall offset or align a minimum of 600 feet from any existing or proposed driveways or roadways on Meridian Road. 16.14 The applicant shall be required to pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement of Meridian Road (SH-69) and install pavement tapers with 15-foot radii abutting the existing roadway edge. 16.15 The applicant shall be required to construct a 5-foot-wide concrete sidewalk on Meridian Road (SH-69) abutting the developed portion of the site. Coordinate the location of the sidewalk with ITD staff. " 16.16 Comply with requirements of ITD for State Highway 69 (Meridian Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) Page 6 16.17 When a specific development application for this site is received, staff shall evaluate the need for a residential collector roadway along the north property line. 16.18 In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 16.19 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Additionally, at the City Council meeting held December 19,2000, the below conditions are required: , 16.20 Pursuant to the terms of the Development Agreement which must be entered into between the Applicant and the City before the annexation ordinance will be adopted, the Applicant, or its successors and assigns, must covenant that the uses for the parcel will be restricted to the following: worship center, common area/fellowship area, gymnasium, classrooms for religious instruction, prayer chapel, recreation areas, bus garage/shop, recreational vehicle center, school, daycare, and senior center. This delineation of allowed uses does not supercede any city ordinances or state statutes pertaining to application procedures, public hearings, etc. which may be required before any such facilities could be built, including but not limited to the City of Meridian's conditional use permit process. The Applicant must agree that any uses the Applicant intends to put on this parcel can only be done through a planned unit development or a conditional use permit. Only a portion of the property is serviceable by sewer from the Meridian Trunk Line. The westerly portion can not be developed until the Black Cat Trunk Sewer is extended to serve the property. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 16, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE ÇHURCH / (AZ-OO-O 18) Page 7 will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors. 19. Ic,is found that the zoning of the subject real property as Medium Density Residential District (R-8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as residential. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive Plan and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) Page 8 requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all re~idents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self identity. 20.4 The preservation and improvement of the character and quality of M~ridian's man-made environment while maintaining its identity as a seÏf-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. This does not imply that the project can be served by temporary means through the Bear Creek Subdivision. Sanitary sewer services shall comply with the approved City of Meridian Sanitary Sewer Facility Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) Page 9 CONCLUSIONS OF LAW 1. T~e City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted December 21,1993, Ord. No. 629, January 4,1994.' 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) Page 10 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. To provide housing opportunities for all economic groups within the community. To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. To provide community services to fit existing and projected needs. To establish compatible and efficient use of land through the use of innovative and functional site design. To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The zoning of Medium Density Residential District (R-8) is defined in FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) Page 11 the Zoning Ordinance at § 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a church and multi-purpose facility. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 12- 2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) Page 12 10. Sèction 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING ',' FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 34.84 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 34.84 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) Page 13 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 3.1 3.2 3.3 3.4 3.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.c. and 12-5-2.M. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall Page 14 FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) be contained and disposed of on-site. 3.6 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 3.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 3.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 3.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.10 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 3.11 Buffering of adjacent properties shall be reviewed during the conditional use permit process. 3.12 Approximately half of the 35-acre parcel proposed for annexation is designated to sewer into the Black Cat Trunk which shall be constructed in' the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12- inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-inch gravity sewer line in Overland Road which shall be at or over capacity at build-out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunk along the east-bound off ramp of 1-84. As per P/Z and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek S\lbdivision. No provisions are being made for any other development to sewer into it. Adopt the Recommendations of the Ada County Highway District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) Page 15 3.13 The applicant shall have a maximum of two driveways on Meridian Road. The driveways shall offset or align a minimum of 600 feet from any existing or proposed driveways or roadways on Meridian Road. 3.14 The applicant shall be required to pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement of Meridian Road (SH-69) and install pavement tapers with IS-foot radii abutting the existing roadway edge. 3.15 The applicant shall be required to construct a S-foot-wide concrete sidewalk on Meridian Road (SH-69) abutting the developed portion of the site. Coordinate the location of the sidewalk with ITD staff. 3.16 Comply with requirements of ITD for State Highway 69 (Meridian Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 3.17 When a specific development application for this site is received, staff shall evaluate the need for a residential collector roadway along the north property line. 3.18 In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 3.19 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Additionally, at the City Council meeting held December 19, 2000, the below conditions are required: 3.20 Pursuant to the terms of the Development Agreement which must be entered into between the Applicant and the City before the annexation ordinance will be adopted, the Applicant, or its successors and assigns, must covenant that the uses for the parcel will be restricted to the following: worship center, common area/fellowship area, gymnasium, classrooms for religious instruction, prayer chapel, recreation areas, bus FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) Page 16 g~rage/shop, recreational vehicle center, school, daycare, and senior center. This delineation of allowed uses does not supercede any city ordinances or state statutes pertaining to application procedures, public hearings, etc. which may be required before any such facilities could be built, including but not limited to the City of Meridian's conditional use permit process. The Applicant must agree that any uses the Applicant intends to put on this parcel can only be done through a planned unit development or a conditional use permit. Only a portion of the property is serviceable by sewer from the Meridian Trunk Line. The westerly portion can not be developed until the Black Cat Trunk Sewer is extended to serve the property. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2 D. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYVALLEYSHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) Page 17 the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 21£A. day J~¡f ROLL CALL / 2o0( of COUNCILMAN RON ANDERSON VOTED $A....- COUNCILMAN KEITH BIRD VOTED ~C<.- COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE McCANDLESS VOTED $4- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: j- 2-0/ VOTED MOTION: 1iJ. APPROVED: J DISAPPROVED: B¿~ ? ~ ~ Dated: msg/Z: \ Work\M\Meridian \Meridian 15360M\N azareneChurchAZO I 8\AZFfClsOrder. wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18)