Cherry Lane Christian Church MI App
,.,
,\, TRANSMITTALS TO AGENCIES FOR COMMENTS ON
\I
y; DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
J.y
/TO insure that your comments and recommendations will be considered by
SI~CE
1903 the Meridian City Council please submit your
comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by: Sept. 5, 2006
Transmittal Date: August 24,2006 File No.: M106-007
Hearing Date: September 12, 2006
Request: Public Hearing - Modification of the Development Agreement for
Cherry Lane Christian Church to remove the CUP requirement for construction
north of Ten Mile Creek and allow CZC approval
','
"ii<:lt",,,
~ P / CITY OF l~~,
'-/Ylerzdicrn
IDAHO
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Joseph W. Borton
Charles M. Rountree
Shaun Wardle
CITY DEPARTMENTS
City Attorney/HR
703 Main Street
898-5506 (City Attorney)
898-5503 (HR)
Fax 884-8723
By: Cherry Lane Christian Church I BRS Architects
Location of Property or Project: NWC of W. Franklin and N. Ten Mile Roads
Fire
540 E. Franklin Road
888-1234/ fax 895-0390
David Zaremba (no FP)
David Mae (no FP)
-Wendy Newton-Huckabay (No FP)
- Michael Rohm (No FP)
Keith Borup (No FP)
Tammy de Weerd, Mayor
Charlie Rountree, C/C
_ Joe Borton, CIC
Keith Bird, CIC
Shaun Wardle, cle
Water Department
Sewer Department
_ Sanitary ServiceS(NoVAR, VAC. FP)
_ Building Department / Rich Greene
Fire Department
_ Police Department
City Attorney
_ City Engineer
_ City Planner
Parks Department
Parks & Recreation
11 W. Bower Street
888-3579/ fax 898-5501
Planning
660 E. Watertower Lane
Suite 202
884-5533 / fax 888-6844
Police
1401 E. Watertower Lane
888-6678/ fax 846-7366
Public Works
660 E. Watertower Lane
Suite 200
898-5500/ fax 895-955]
- Building
660 E. Watertower Lane
Suite 150
887-2211 / fax 887-1297
- Wastewater
3401 N. Ten Mile Road
888-2i91 / fax 884-0744
Your Concise Remarks:
- Water
2235 N.W. 8th Street
888-5242/ fax 884-1159
Meridian School District (No FP)
_ Meridian Post OffiCe(FP/PP only)
Ada County Highway District
- Ada County Development Services
Central District Health
Nampa Meridian lrrig. District
Settlers Irrig. District
Idaho Power CO. (FP,PP,CUP)
Qwest (fPIPP only)
Intermountain Gas (FP/PP only)
Bureau of Reclamation (fP/PPonly)
Idaho Transportation DepL (No FP)
- Ada County Ass. Land Records
Meridian Development Corp.
Historical Preservation Comm.
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK- FAX 8884218 FINANCE & UTILITY BILLING- FAX 887.4813 MAYOR'S OFFICE - FAX 884-8119
Printed on recycled paper
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Planning Department
COMMISSION & COUNCIL REVIEW APPLICATION
Type of Review Requested (check all that apply)
o Annexation and Zoning
o Comprehensive Plan Map Amendment
o Comprehensive Plan Text Amendment
o Conditional Use Pennit
o Conditional Use Permit Modification
o Final Plat
o Final Plat Modification
o Planned Unit Development
o Preliminary Plat
o Rezone
o Time Extension (Commission or Council)
D UDC Text Amendment
o Vacation (Council)
o variancp 1 .
J2f Other Wi. '7l/T>e..J:. A.~p~P-VlltDk
Applicant Information
Agent name (e.g.,
Firm n~e;
Address:
Primary contact is; D Applicant
Contact name:
cit
Phone: ~ 'E> 15 ..-.3 I 0' )
Zip: ir;~ 4'7--
2:'~~?IO}
0' &> ~Il.-
E-mail:
.$+~e @
Subject Property Information
Locatiowstreet address:
Total acreage: 34. k-7
Current zoning district: ? - No
6~0.E. Watertower Lane, Suite 202 . Meridian, Idaho 83642
Phone; (208) 884.5533 . Facsimile: (208) 888-6854 . Website: www.fficridiancitv.org
1
Project Description
Project/subdivision name:
Proposed zoning district(s):
Acres of each zone proposed:
Type of use proposed (check all that apply):
o Residentia] pCommercia] .J2f Office 0 Industrial pOther
Amenities provided with this development (if applicable):
Who will own & maintain the pressurized irrigation system in this development?
Which irrigation district does this property lie within?
r::Are'~Ly '. ~c.~~\,^
/ ~f$~~ ~
Primary irrigation source:
Square footage of landscaped areas to be irrigated {if primary or secondal}' point of connection is Ci water): ~ br:- ,JJenv......~
s~
Residential Project Summary (if applicable)
Number ofresidential units:
Number of common and/or other lots:
Proposed number of dwelling units (for multi-family developments only):
1 Bedroom: 2 or mbre Bedrooms:
t0A-
Number of building lots:
Minimum square footage ofstructure(s) (excl. garage):
Minimum property size (s.t):
Gross density (DU/acre-totalland):
Proposed building height:
Average property size (s.f.):
Net tlensity (DU/acre-eKc!uding roads & alleys):
Percentage of open space provided: Acreage of open space:
Percentage of use able open space: (See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc):
Type of dwelling(s) proposed: 0 Single-family 0 Towohomes 0 Dup]exes 0 Multi-family
Non-residential Project Summary (if applicable)
Number of building lots: ~ )f'r
Gross floor area proposed: ~ p..:lf /W'~
Hours of operation (days and hours): -; ~ "7
Percentage of site/project devoted to the following:
Landscaping: +/ - L lito Building: it- . \ J~ % Paying: y- "4 /'~
Total number of employees: '30 Maximum oUlyber of employ~~s at anyone time: '? t>
Number and ages of students/children (if applicab]e): ~/?\ . Seating capacity: l t:>(;,C> ~j'
Tota] number of parking spaces provided: <2. D 19 Number of compact spaces provided:
,/
Other lots: IJ J A-
Existirlg (ifapplica~le): ---1~~.zp . I
/ 010'-1. +n I Drw- Building height: -t/-4'.r?
Authorization
Print applicant name:
Applicant signature:
Date: I:J. Z ~ ' Cleo
2 . Meridian, Idaho 83642
8-6854 · Website: W\vw.meridiancity.org
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Al~C.HITECTS
llno s. Al..LAN'rE l'l-. SlJITE 100
BOISE. IDAHO 83709
TELEPHONE 208 336 8370
I'AX 208 3368380
FAX MEMO
Date: 8/23/2006
To: City of Meridian Planning and Zoning Department
Attn: Kristy Vigil 3:
From:Steve Pardew
Re: GLCC Developme t Agreement modification
06053.01
Kristy,
"
Please see the 'signed hard copy attached Development Agreement application. If .-
you have any comments, or additional suggestions on the document please give me
a call or email so we can discussl and get those to you.
Your assistance and suggestions regarding this application have been very helpful. It
would be tremendous if all the other Treasure Valley cities would be as good to work
with as you are.
cc: Larry Woodard; CLee.
DooJmem1 . Page 1
AUG. 23. L 006 1: L lPM
BRS ARCHITECTS
NO.5917 p, 3
J010 S. Al.LANTE PL., SUITE 100
BOISE, IDAlIO 83709
TELEPHONE 208 336 8370
fAX 208 336 8380
August 22, 2006
City of Meridian Planning & Zoning
660 E. Watertower, Suite 202
Meridian, ID 83642
Attn: Anna Canning, Planning Administrator
Dear Anna:
Re: CLee Modification of Dev. Agreernnt.
BRS Project No. 06053.01
Pursuant to our meeting on 8-18-06 Cherry Lane Christian Church and BRS,
Architects'(as their applicant) requests modification to the previously adopted-
development agreement dated November 30, 2005, Instrument number AZ-
05023. This document was recorded on 12/15/05 by Ada County Recorder J.
David Navarro.
~
It is the request of CLCe to revise the development agreement to allow
development of its site on the north side of 10 mile creek to occur without the
requirement a conditional use permit as originally identified in the development
agreement. It is requested that future buildings north of the 10 mile creek will be
submitted for review and approval to Planning and Zoning thru the certificate and
zoning compliance application. That these proposed uses are accessory in
nature to the primary buildings south of 10 mile creek, and are compliant with the
required land use, and zoning functions originally identified in the development
agreement. It should also be noted that this request is with the understanding
that all buildings south of 10 mile creek will be submitted thru the standard
application and C.U.P. approval process as identified in the current ordinance.
Those proposed buildings are the proposed Church, School, and Administration
Office building. This requested modification to the development agreement does
not intend to revise the primary land use, or zoning initially approved.
The heart of this request is to expedite the current improvements that are
intended to be made to the park concerning its "existing house" being relocated
and new stand alone garage that are to be used for a small offjce, and
custodial/security functions. Later phases also on the north side of 10 mile creek
would include a covered picnic building, adjacent basket ball court, restrooms,
and maintenance building. Please see the attached site plan which identifies the
proposed buildings, and their locatIon north and south of the 10 mile creek.
~ AUG, n. :L006 1::L 1 PM
8 KS ARCH I TECTS
NO.5917 P. 4
City of Meridian P & Z
CLCC Annexation
March 24, 2005
Page 2 of 6
It was during our pre-application meeting concerning a pending CZC
being reviewed by staff for the proposed relocation of the existing house,
new garage, and asphalt parking for the park, that the modification
amendment was identified by staff as a prudent course to pursue.
It was also stated that for the phased nature of the smatler accessory
use buildings located in the Pocket Park that this would simplify the
submittal process for GLee. It was also discussed that the anticipated
completion of the Park's multiple buildings and additional landscaping
would be concluded in the next 5 to 6 years.
The Cherry Lane Christian Church property is located on the northwest
,corner of the intersection of 10 Mile Road and Franklin Road. The 39.47
acre parcel was a former dairy and cultivated field. It is relatively flat, and
is dissected by 10 Mile Creek. It is currently zoned C-N with the
permitted primary use being the church function as well as other related
uses which are designated as "accessory use" in the zoning ordinance.
The Comprehensive Plan designates this parcel as Mixed Regional, and
we believe that the proposed modification retains the original intent
consistent with the land use policy of the Meridian Comprehensive Plan,
Chapter VII C-1. The site is within the Meridian Urban Planning area,
and we therefore think that this request is consistent with the long-range
city goals.
Ten mile Road is slated for a significant widening project by ACHD in
2007.
The additional right of way needed for the revised ACHD design
prompted the house relocation as it proposed the new public sidewalk to
be 7 feet from the front door of the house.
Franklin Road is still slated for its major widening by ACHD in 2010. Both
roadways will ultimately serve the much anticipated 1-84 interchange and
growing traffic demands. CLec is supportive of the new Ten Mile Road
and 1-84 interchange, and we feel the relocated orientation of the house
will provide a much needed presence of eyes and ears on the property
for a security, and maintenance, as the church has already experienced
vandalism on it current improvements.
2
, AUG. Lj. 2006 1:21PM
BRS ARCHITECTS
NO,5917 P. 5
City of Meridian P & Z
CLce Annexation
March 24, 2005
Page 3 of 6
The conceptual master planned campus as originally proposed will contain a
large worship facilitYI a family life center with gymnasium; classrooms and
administration office building. In the current phase 1 plan for its construction
south of 10 mile creek it is the intention of GLeC to construct the Church
building able to seat 1000 in the sanctuary, and also construct the stand alone
gymnasium containing high school and middle school classrooms.
The complete build-out of this site which was conceptually represented in the
previously submitted master site plan is largely unchanged from our initial
proposal. It is still anticipated to be phased as the congregation and its financial
abilities grow, and will be submitted to the city for review for each phase of its
proposed expansion.
Please see the specific sections of the development agreement requested for
modification in the attached document.
We trust that you and your staff will concur and a positive recommendation will
result. Should you have any questions and/or clarifications regarding this
application, please do not hesitate to call us.
Sincerely,
SWP:cw
EneL
Cc: Larry Woodard; CLeC
Z;\2006-JOBS\060S0-06099\06053clcc house\cortespondence\P Z modify davelopmsr'Jt agreement\Modific:ation request
10 Meridian PZ-B-22-06.doc -
3
- AUli.n.1006 1:11PM
B KS ARCH ITEeTS
NO.5917 P. 6
City of Meridian P & Z
CLCC Annexation
March 24) 2005
Page4of6
Specific Modifications to the DeveloDment agreement are shown in
underlined bold text directlv following the existing text of the current
agreement:
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those
uses allowed under "City's" Zoning Ordinance codified at
Meridian City Code Section 11~7~2 Qj} which are herein
specified as follows;
Construction and development of .cithar a conditional use
permit or ~ planned ---eevclopmG-Jlt application shall be
submitted to the City of Meridian prior to a future
development in the C-N zone, and the pertinent provisions of
the City of Meridian Comprehensive Plan are applicable to
this AZ. 05-023 application.
Construction and development of a conditional use
permit or application shall be submitted to the City of
Meridian prior to a future development in the C-N zone.
and the pertinent provisions of the City of Meridian
Comprehensive Plan as applicable to this AZ 05-023
application specificallv for the buildings and site
improvements south of the 10 mile creek drainage. The
proposed improvements north of the the 10 mile creek
drainaae being the existing house beinp relocated, the
proposed stand alone garage. roof structure over the
picnic area, public restrooms and maintenance building,
as a permitted use in the current C-N .zone shall be
submitted through the Certificate of Zoning Compliance
process for review and approval prior building permit
submittal.
4
, AUG, Lj, 2006 1: L2PM
B RS ARCH I TEeTS
NO.5917 P. 7
City of Meridian P & Z
eLee Annexation
March 24, 2005
Page 5 of 6
5. DEVELOPMENT IN CONDITION,^.L USE: "Owner/Developer" has
submitted to "City" an application ro; €eR8HioFlal.t:lse--permit-.sit9--f)laJ:l dated April
26, 2005, and shall be required to obtain the "City'" approval thereof, in
accordance to the City's Zoning and Development Ordinance criteria, therein,
provided, prior to, and as a condition of, the commencement of construction of
any buildings or improvements on the "Property" that reGluir.e-a--eE'H:,djtior.:l~
permit. No now Buildings arc apprcwod for c&Rstruction LInGer thiS---GooE:€pturn
WP/PD uf)plicatior:l-(fi:ilo.-No._ "CUp' 04-<0.5.:1-).. All futur.e-blJUd,j~gS-$f:laH r@€ll;fi~
a!@~fsv@l €If Q €lstailcd CUP pA€lr t@ sttbmittcal fJf ~y Ccrtffic~oAin@
G~mplianGe application and/GF bufldi~~8rmit
5. DEVELOPMENT USE: "Owner/Developer" has submitted to
"City" an application dated April 26l 2005, and shall be required to obtain
the "Citym approval thereof, in accordance to the City's Zoning and .'
Development Ordinance criteria, therein, provided, prior to, and as a
condition of, the commencement of construction of any buildings or
improvements on the "Propertyu that require a conditional use permit
greater in size than 7,500 s.L The existing, new buildings under 7,500 s.f.
specific to the north side of the 10 mile drainage which are accessory in
use to the church shall submit a Certificate of Zoning Compliance
application for a staff level review prior to a building permit submittal. All
buildings greater than 7,500 s.f. under this conceptual CUP/PO application
(File No. CUP-04-051) shall be required to submit for approval a detailed
CUP prior to submittal for city council approval prior building permit
submittal.
Note: Ordinance Chapter 3 Article A Paragraph B Item 1 references structures
greater than 7 t500 s.f. in the C-N District applicable to conform to design
standards of that section.
5
. AUG, n. ;1006 1: nPM
B RS ARCH I TECTS
NO,5917 p, 8
City of Meridian P & Z
CLee Annexation
March 24, 2005
Page 6 of6
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1. "Owner/Developer" shall develop the "Property" in accordance with
the following special conditions:
1. That any new structure(s) shall be generally compatible in
appearance and bulk with the surrounding residential
properties, as determined by the. detailed Planned
Development approval as approved. through a Conditional
Use process.
2. That no new building or other structure shall be erected,
movod, added to or structurally altered, nor shall any
building, structure or land be established or changed in use
without prior approval.
That no "new" building or other structure shall be erected,
added to or structurally altered. nor shall any building.
structure or land be established or changed in use without
prior approval.
5. Tt1aHt18 applicant agmes to.pro~J.i~e~8Ss.to the pareels
to-tR&W8st rmd nort-R, 13Fie~t{)-issMe~€H~ @f-a-Gertif.i0ntc of Zonir-1g
G~m~lianQo (CZC} -j3ermit.for-aAY futwre l;lse~'
Cherry Lane Christian has entered into the an agreement with Silver Oakes the
property to the west for cross access. Because this has been completed it is
requested removed from the agreement for simplified submittal and review in the
future.
6
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ADA COUNTY RECORDER J. DAVID NAVARRO AmOUNT .00 40
BOISE IDAHO 12115/0r>2.5 PM
~~~~~E~i~h:8~~ST'OF 1111111111111111111111111111111111 III
Meridian Oily 1051 91334
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Cherry Lane Christian Church, OwnerlDeveloper
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this ~o~~ay of Nove....... bl'F, 2005, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter caUed "CITY', and Cherry Lane
Christian Church, hereinafter called "O\VNERfDEVELOPER".
1.
RECITALS:
1.1 WHEREAS, "O\.vNERlDEVELOPER" is the sole owner, in law
and/or equity, of certain tract of land in the County of Ada, State of
Idaho, described in Exhibit A for each owner, which is attached
hereto and by this reference incorporated herein as if set forth in full,
herein afterreferred to as the ('Property"; and
1.2 WHEREAS, I.C. g 67 -6511 A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re~zoning that the
"Owner/Developer" make a written commitment concerning the use
or development of the subject "Property"; and
1.3 WHEREAS, <'City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4 WHEREAS, "Owner/Developer" has submitted an application for
annexation and zoning of the "Property's" described in Exhibit A,
and has requested a designation of (C-N) Neighborhood Business
District, (Municipal Code of the City of Meridian); and
1.5 WHEREAS, "OwnerIDeveloper" made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject
"Property" will be developed and what improvements will be made;
and
DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH)
PAGE] OF 11
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1.6 WHEREAS, record of the proceedings for the requested annexation
and zoning designation of the subject "Property" held before the
Planning & Zoning Commission, and subsequently before the City
Council, include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction, and
received further testimony and comment; and
1.7 WHEREAS, City Council, the 26th day of July, 2005, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B. which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter
referred to as (the "Findings"); and
1.8 WHEREAS, the Findings require the ~'OwnerlDeveloper" to enter
into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 "OWNERJDEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at its urging and requests;
and
1.10 WHEREAS) "Owner/Developer" has entered into an agreement with
"City" with regard to Well #27, set forth in Exhibit C, which is
attached hereto and by this reference incorporated here as if set forth
in full, hereinafter referred to as "Well #27 Agreement"; and
1.11 WHEREAS) "Owner/Developer" has entered into an agreement with
"City ~~ to grant an easement to the "City" for a sewer trunk line, set
forth in Exhibit D, which is attached hereto and by this reference
incorporated here as if set forth in full, hereinafter referred to as
"Sewer Easement Agreement"; and
1.12 WHEREAS, "City" requires the "Owner/Developer" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is in
accordance with the terms and conditions of this development
agreement) herein being established as a result of evidence received
by the ~'City" in the proceedings for zoning designation from
goverrunent subdivisions providing services within the planning
DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH)
PAGE 2 OF 11
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jurisdiction and from affected property owners and to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6,2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incoIporated herein as if set forth in fulL
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation of the same requires othelWise:
3.1 "CITY": means and refers to the City of Merid ian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state ofIdaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
3.2 "OWNER/DEVELOPER": means and refers to Cherry Lane
Clu'istian Church, whose address is 2511 W. Cherry Lane, Meridian,
ill 83642 the party developing said "Property" and shall include any
subsequent owners and/or developer(s) of the "Property".
3.3 HPROPERTY~t: means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be annexed and
zoned C-N (Community Business District) attached hereto and by this
reference incorporated herein as if set fOlth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 11-7-2 (B") which are herein specified as follows:
DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CBRISTIAN CHURCH)
PAGE 3 OF] 1
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Construction and development of either a conditional use permit or
a planned development application shall be submitted to the City of
Meridian prior to a future development in the C-N zoue, and the
pertinent provisions afthe City of Meridian Comprehensive Plan
are applicable to this AZ 05-023 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Owner!Developer~' has
submitted to "City" an application for conditional use permit site plan dated April 26, 2005,
and shall be required to obtain the "City'" approval thereof, in accordance to the City's
Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition
of, the commencement of construction of any buildings or improvements on the "Property"
that require a conditional use permit. No new buildings are approved for constlUction under
this conceptual CUP/PD application (File No. CUP-04-051). All future buildings shall
require approval of a detailed CUP prior to submittal of any Certificate of ZonjIlg
Compliance application and/or building permit
6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
6.1. "OwnerlDeveloper" shall develop the "Property" in accordance with the
following special conditions:
1. That any new structure(s) shall be generally compatible in appearance
and bulk with the surrounding residential properties) as determined by
the detailed Planned Development approval as approved through a
Conditional Use process.
2. That no building or other structure shan be erected, moved) added to
or structurally altered, nor shall any building, structure orland be
established or changed in use without prior approval.
3. That all future uses shall 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.
DEVELOPMENT AGREEMENT (AZ OS~023) CHERRY LANE CHRISTIAN CHURCH)
PAGE 4 OF II
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4. At this time the owner/developer proposes to use the property
primarily as a church, including anticipated related support facilities
and services as follows: worship facilities, educational facilities,
administrative offlces, child care facilities, maintenance buildings,
caretaker/security residences, recreational facilities/pocket park,
religious bookstore, food service.
5, That the applicant agrees to provide cross-access to the parcels to the
west and north, prior to issuance of a Certificate of Zoning
Compliance (C2C) pennit for any future use.
6. The "OwnerIDeveloper" has completed a traffic study which has been
accepted by ACHD (Ada County Highway District) and submitted to
"City". ACHD Commissioners approved the following entry points
to the property:
From Ten Mile Road
130 feet south of the north property line as shared access with
the City Meridian for their well site
150 feet south of the well site for a parking lot for the
recreation area
150 feet south of the parking lot for a drive way to the
maintenance area and house
318 feet north of Franklin Road, just south ofTen Mile Creek
From Franklin Road
A j oint roadway with the Silver Oaks subdivision on the West
property line
550 feet west ofTen Mile Road as a minor access
236 feet west of the minor access point for a main entrance
7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default ofthe "OwnertDeveloper" or "OwnerslDevelopers" heirs, successors, assigns,
to comply with Section 6 entitled "Conditions Governing Development of Subject Property"
of this agreement within two years of the date this Agreement is effective, and after the
"City" has complied with the notice and hearing procedures as outlined in Idaho Code ~ 67-
6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH)
PAGE 5 OF II
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"OwnerJDeveloperll consents upon default to the reversal of the zoning
designation of the "Property" subject to and conditioned upon the following conditions
precedent to-wit:
8.1 That the "City" provide written notice of any failure to comply with
tlus Agreement to "Owner/Developer" and ifthe "O\vnerlDeveloper1'
fails to cure such failure within six (6) months of such notice.
9. INSPECTION: "OwnerlDeveloper" shall, immediately upon completion of
any portion or the entirety of said development of the "Propelty" as required by this
agreement or by City ordinance or policy, notify the City Engineer and request the City
Engineer's inspections and wdtten approval of such completed improvements or portion
thereof in accordance with the terms and conditions of this Development Agreement and all
other ordinances of the "Citi' that apply to said Development.
10.
DEFAULT:
1 0.1 In the event "Owner/Developer", "Owner/Developer1sll heirs,
successors, assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to faithfully
comply with all of the tenus and conditions included in this
Agreement in cOlUlection with the "Property", this Agreement may be
modified or terminated by the "City" upon compliance with the
requirements ofthe Zoning Ordinance,
10.2 A waiver by "City" of any default by "Owner/Developer" of anyone
or more ofthe covenants or conditions hereof shall apply solely to the
breach and breaches waived and shall not bar any other rights or
remedies of "City" or apply to any subsequent breach of any such or
other covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner/Developer's~' cost, and submit proof of such recording to "OwnerlDeveloper", prior
to the third reading of the Meridian Zoning Ordinance in cOllllection with the re-zoning of the
"Property" by the City CounciL If for any reason after such recordation. the City Council
fails to adopt the ordinance in connection with the annexation and zoning of the "Property"
contemplated hereby, the "City" shall execute and record an appropriate instrument of release
of this Agreement.
DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH)
PAGE 6 OF 11
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12. ZONING: "City" shall, following recordation of the duly approved
Agreement; enact a valid and binding ordinance zoning the "Property" as specified herein,
]3. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "Citt' or ~'OwnerlDeveloper", or by any successor or successors in title
or by the assigns ofthe parties hereto. Enforcement may be sought by an appropriate action
at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein,
13.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner/Developer" shall have thirty (30) days after
delivery of notice of said breach to correct the same prior to the non-
breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
13.2 In the event the performance of any covenant to be perfOlmed
hereunder by either "OwnerlDeveloper" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation; acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time of
such delay.
14. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code 912-5-3, to insure that installation of the improvements,
which the "OwnerlDeveloper" agrees to provide) if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "OwnerlDeveloper" agrees that
no Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "OwnerlDevelopee' has entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City",
DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH)
PAGE 7 OF II
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16. ABIDE BY ALL CITY ORDINANCES: That "OwnerlDeveloper" agrees
to abide by all ordinances ofthe City of Meridian and the "Property" shall be subject to de-
annexation if the owner or his assigns, heirs, or successors shall not meet the conditions
contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail. registered or certified mail. postage prepaid, retum receipt
requested, addressed as follows:
CITY: OWNERlDEVELOPER:
efo City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Cherry Lane Christian Church
2511 W. Cherry Lane
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ill 83642
17.1 A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
DEVELOPI:v1ENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH)
PAGE 8 OF II
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constitute a breach of and a default under this Agreement by the other party so failing to
perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "OwnerlDeveloper" of the "Property", each subsequent
owner and any other person acquiring an interest in the "Property". Nothing herein shall in
any way prevent sale or alienation of the ~'Property'\ or portions thereof, except that any sale
or alienation shall be subject to the provisions hereof and any successor owner or owners
shall be both benefited and bound by the conditions and restrictions herein expressed. "City"
agrees, upon written request of "OwnerlDeveloper'" to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had
determined that '~OwnerlDeveloper" has fully perfOlmed its obligations under this
Agreement
21. INY ALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "OwnerJDeveloper" and
"City') relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
"OwnerlDeveloper') and "City". other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this Agreement shall
be binding upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to ~~City'\ to a duly adopted
ordinance or resolution of "City".
22.1 No condition governing the uses and/or conditions governing re-zoning of the
subject ~'Properti' herein provided for can be modified or amended without
the approval of the City Council after the "City" has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH)
PAGE 9 OF 11
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Ordinance in connection with the annexation and zoning of the "Property" and execution of
the Mayor and City Clerk
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
ODARD on behalf of
CHRISTIAN CHURCH
CITY OF MERIDIAN
JldLA
CITY CLERK
BY:~
MA YOR de WEERD
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DEVELOPMENT AGREEMENT (AZ 05~023) CHERRY LANE CHRISTIAN CHURCH)
PAGEIOOF11
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STATE OF IDAHO, )
: ss:
County of Ada) )
On this 3Q'YJeay of ~I/1Jcb\, 2005, before me, the undersigned, a
Notary Public in and for said State, personally appeared Larry Woodard on behalf ofCheny
Lane Christian Church, known or identified to me to be the authorized representative of
Cherry Lane Christian Church, who executed the instrument on behalf of said corporation,
and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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STATE OF IDAHO )
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On this f" -It \ day of f.)..ec~ ~tA.- , 2005 ~ before me, a Notary
Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified
to me to be the Mayor and Clerk. respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
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DEVELOPMENT AGREEMENT (AZ 05~023) CHERRY LANE CHRISTIAN CHURCH)
PAGE] 1 OF ]]
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Chen:y Lane Christian Chuxch Anne:xnuon
Az.,05~023
Legal Description
ANNEY~TtON LEGAL
A Parcel of land baing Parcel B a6 shown on Record of Survey No. 5576 for
Graye Wolfe, and rocated fll a portion of the SE114 of Sect/on 10. Township 3
North. Range 1 West. Solsa Meridian, Ada County, Idaho and mOfa particularly
descnbed as follows:
BEGINNING at B 5/81000 rabar markIng the SE comer of saId SE1f4j
Thence along the South line of said SE1/4 N89040'29"ViJ a dlEltanoo of 1558,62
feet to a 5(8 Inch re!:lar from whIch the SW comer of said SE1/4 bears
N80"40'29'W a distance of 10B2.05 feat:
Thenca leaving said South line N01"OS'10' E a distance or 1118.81 feat to Ii'( 5/8
Inch rsbar;
Thence S88"S1'50"E a dIstance of 1 545.36 feet to a 5(8 Inch rabar on the East
line of said SE1/4;
Th~noo atong said Easlllne SOO"2T06W 8 distance of 1096.83 feat to the
POINT OF BEGINNING,
Sard Parool contains 39.47 acres more or less and Is 5ubjaGt lo all eXisting
easements and rights-of-way of record or Implied.
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C046352 ANNEX: L20AW:lac
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ANNEXA'rION EXI-IIBIT l\1AP
FOR ClfERRY LANE CHRISTIAN CHURCH:
rRAlLROAO RIGHT OF WAY
A PORTION OF THE SE 1/4 OF SlJ:CTlON 10
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN
ADA COUNTY, IDAHO [1/4 CORNER f1}
2005 SECnoW 10{
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UNION PACIFIC RAILROAD ~
MERIDIAN PUBLIC
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,~~ 25' WIDE f>RESCRI?TlVE ROAD EASI::MENt' .111 ::
RAlLROAtJ WGHT-QF-WAY ~
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S~TlON 10 "---
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DETAIL FILENAME: PINN R CLE
C046352_ANNEX_8S.DWG n
SCALE 111=300'
DRAWN BY:
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CREATION DATE:
04/12/2005
Engineers7 Inc.
12552 w. ExccuU'JO Pr., Suit.. 6, eol~~, Idaho
83713
(2.08) 887-7760
CHECKED 8Y:
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Annexation and Zoning of 39.47 Acres from RUT/C2 (Ada
COlmty) to C-N (Neighborhood Commercial), by Cherry Lane Christinn Chw'ch
Case No(s}: AZ-05-023
For the City Council Hearing Date of: July 26, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries ofthe property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code 967-
6509.
The matter was duly considered by the City Council at the July 26,2005, public
hearing(s), The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter) as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c. The Planning and Zoning Commission conducted a public hearing on June 16, 2005
and issued a writt~n recommendation on the subject matter to the City Council,
d. The City Council heard and took oral and written testimony and duly conside:l:ed the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code 967-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
a, In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s)~ it is hereby
CITY Of MERlDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ,05.{}23- PAGE 1 of 4
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verified that the property owner(s) of record at the time of issuance of these
findings is the Presbytery of Boise.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibit D for the findings required for this application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the '.Local Land
Use Planning Act of1975," codified at Chapter 65, Title 67, Idaho Code (I.e. ~67~
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6,2002, Resolution No. 02~3S2 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
~ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Departm~nt, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Conceptual Site
Plans dated March 24, 200S as shown in Exhibit B, and the Annexation and Zoning
Comments as shown in Exhibit C. The conditions are concluded to be reasonable and
the applicant shall meet such requirements as a condition of approval. of the application.
C. Decision and Order
Pursuant to the City Council'8 authority as provided in Meridian City Code g 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Conceptual Site Plans as evidenced by having submitted the
Conceptual Site Plans dated March 24, 2005 are hereby conditionally approved; and,
2. The Annexation and Zoning Corwnents are as shown in Exhibit C.
Cl1Y OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECIsrON & ORDBR
CASE NO{S). AZ.OS-023- PAGE 2 of 4
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D. Notice afFinal Action and Right to Regulatory Takings Analysis
1. Please take notice that this is a final action of the governing body of the City of
Meridian~ pursuant to Idaho Code g 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use pennit approval may within twenty. eight (28) days after the date of
this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
E. Exhibits
Exhibit A: Legal Description
Exhibit B; Approved Conceptual Site Plan
Exhibit C: Annexation and Zoning Comments
Exhibit D: Zoning Amendment Findings
By action oftbe City Council at its regular meeting held on the ~ Ul~ day of
.--JtLtt"'~ ,2005.
COUNCIL MEMBER SHAUN WARDLE
VOTED ~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED l~
COUNCIL MEMBER KEITH BIRD
VOTED \f'L
MAYOR TAMMYdeWEERD
(TIE BREAKER)
VOTED -
Attest:
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ity Cler'R\ "'0.
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CITY OF MERlDlAN FINDINGS OF F Acr, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-05-023- PAGE 3 of 4
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Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
and City Attorney.
BY:""1uo s.^-o u0
City Clerk's Office
Dated: .q..-21.o ..OS
CITY OF MERIDiAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.05 .023. PAGE 4 of 4
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EXHIB.,IT A
Cherry Lane Christian ChW'ch Annexation
AZ-05-023
Legal Description
ANNEXATION LEGAL
A Parcel of land beIng Parcel B as shown on Record of Survey No. 5576' for
Graye Wolfe; and located In a pottlon of the SE1/4 of SectIon 10. Township 3
North. Range 1 Wool, Boise Merldlan. Ada County, Idaho and more particularly
deBCliood as fQlfam:
aeGINNING at e 518/nCh rsbar markIng the SE cornarof aald 8E1/4;
Thence along the South line of said SE1/4 N8S'40'29'Wa distance of 1558.62
feet to a 5/8 inch /"Elbar from which the SW comer of said SE1/4 bears
NB9"40'2B"W a distance of 1082.05 feel;
Thence leaving saId South line N01006'10"e a distance of 1118,81 feet to a 5/8
inch rebar;
Thenoo sae '51 '50~E a dlst1ince of 1545.36 feet to a 518 Inch rabar on the Easl
line of sald SE1/4;
Thence along said East line SOow27'06"W a distance of 1000.83 feel to the
POINT OF BEGINNING.
Said Parcel contains 39.47 acr08 more or less and Is sublect to all axlsUng
easements and rightsoQf-way of record or Implied.
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EXHIBIT B
Che:r-ry Lane Christian Church Annexation
Az..05~023
Conceptual Site Plan
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E4HID1T C
Cherry Lane Christian Church Annexation
AZ-05-023
Annexatiou and Zoning Conune,nts
ANE4ATIO~ & ZONING FACTS AND COMMENTS
1. The subject property is within the Urban Services Planning Area. The legal
description submitted with the application (dated 4/15/05, stamped by Stephen
Lee) shows the property as contiguous to the existing corporate boundary of the
City of Meridian. The Public Works Department has confirmed that the
submitted legal description meets the requirements of the City of Meridian and
the Idaho State Tax Commission.
2. Any future subdivision and/or development of this property shall comply with the
City of Meridian ordinances in effect at the time.
3, Prior to the annexation ordinance approval, a Development Agreement (DA) shall
be entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoption), and the developer. The applicant shall contact the
City Attorney. Bill Na!)', at 888.4433 to initiate this process. The DA shall
incorporate the following:
. That any new structure(s) shall be generally compatible in appearance and
bulk with the surrounding residential properties, as determined by the detailed
Planned Development approval as approved through a Conditional Use
process,
. That no building or other structure shan be erected, moved, added to or
structurally altered, nor shall any building, structure or land be established or
changed in use without prior approval.
. That all future uses shaH 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.
.. At this tlme fue applicant proposes the following uses on the subject property:
Private School w/childcare capabilities, Church, and Administrative Offices.
The Planned Development Application as required by this Development
Agreement must include these and any other uses requested by the applicant
. That the applicant agrees to provide cross-access to the parcels to the west and
north, prior to issuance of a Certificate of Zoning Compliance (CZC) permit
for any future use.
. That vehicular access to this site shall be restricted to those approved by
ACHD and the City.
Cherry Lane Christllln Church E1dlibit C
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SPECIAL CONSIDERATIONS (ANNEXATIQN & ZONING)
I. Access: Limiting vehicular access to this property is essential to maintaining
traffic flow on Franklin Road during peak hours. ACHD policy requires right-
in/right-out driveways located on arterial roadways to be constructed a minimum
of 150 feet from a stop controlled intersection; 220 feet is required for a full
access driveway. Although this property has sufficient frontage to meet the
District's policy, there is need and a request by ACHD for a detailed traffic study
prior to development When the FranklinlTen mile intersection is signalized) or if
safety of any accesses should become an issue) the ACHD may restrict the access
to right-inlright-out only for all access points. The final locations of points of
access will be determined at a later date, during detailed approval through the
Planned Development process.
Because only one access to the public roadway system is being proposed for this
property to the west of the site, staff recommends that cross access be provided to
the site to the west. The idea with providing cross access to the multifamily
development is that when the church expands and/or redevelops, cross access will
be reciprocated to the proposed multifamily development. If cross access is
provided then patrons of the church can access Franklin Road at a signalized
intersection without having to cross traffic lanes on Franklin Road to exit fue site.
See Annexation & Zoning Facts and Comments #2 below.
Landscaping: Franklin Road and Ten mile Road are classified arterial roadways.
A 25-foot wide landscape buffer is currently required adjacent to arterial
roadways (MCC 12- r3-1O-4). Landscape buffers along Meridian Road and Ustiok
Road wilJ be required by the City with CZClPlanned Development approval.
If the subject annexation and zoning application is approved, C~N property will be
adjacent to roral residential properties zoned RUT in Ada County and an outdoor
storage facility. To buffer the existing land uses to the south and west from future
commercial office uses on this site, landscape buffers along the perimeter of the
site should be installed when a CZClPlat is approved (see MCC 12.13-12).
Parking: For Churches/Schools/Gynmasium, parking stalls are cUTl'ently required
at the rate of one space per 4 auditorium seats. one space per each 5 church seats,
one space per 400 s.f. of gross office floor area (administration building), 2
parking spaces per elementary classroom, 10 parking spaces per high school
classroom plus 1 for each 10 seats in and auditorium or gymnasium. (MCC 11-
l3-S.B).
3. Sanitary Sewer: Sanitary sewer is currently not available to this site. TWs site is
master planned for the sewer to drain to the Black Cat lift station via extensions of
mains wough Castlebrook Subdivision, Chesterfield Subdivision) and the
proposed Silver Oaks Subdivision to the west. The applicant shall be responsible
to design and install sewer mains to and through this proposed development~
Chen)' bne Christian Church Exhibit C
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coordinate main size and routing with the City of Meridian Public Works
Department. Water is readily available in Ten-Mile Road and Franklin Road.
The applicant shall be responsible to design and install water main to and through
tius development, coordinate main siziog and routing with City of Meridian
Public Works. The applicant shall execute City of Meridian standard forms of
easements for any mains that are required to provide service.
MERIDIAN FIRE DEPARTMENT COMMENTS
1. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
2, Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addt'esses on
it.
c. Fire hydrant markers shan be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on comers when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to olltlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC
Section 509.5.
3. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with Appendix D Section Dl03.6 Signs.
5. For all Fire Lanes, paint the curb red and provide signage ''No Parking Fire
Lane",
6. Operational fire hydrants~ temporary or pennanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site.
7. Commercial and office occupancies will require a fIre~t1ow consistent with the
International Fire Code to service the proposed project. Fire hydrants shaU be
placed per Appendix D.
Ch~ny Lane Christian Church Exhibit C
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8. The office/commercial lot will have an unknown transient population and will have
an unknown impact on Meridian Fire Department call volumes. The Meridian Fire
Department has experienced 2612 responses in the year 2004. According to a report
completed by Fire & Emergency Services Consulting Group our requests for service
are projected to reach 2800 in the year 200S and 3800 by the year 2010.
9, Maintain a separation of 5' from the building to the dumpster enclosure.
10. Provide a Knoxbox entry system for the complex prior to occupancy.
11. The applicant shall work with Planning Department staff to provide an address
identification plan including a pylon/monument sign at the required intersection(s).
12. All aspects of the building systems (including exiting systems), processes & storage
practices shaU be required to comply with. the International Fire Code.
13. Provide exterior egress lighting as required by the Intemational Building & Fire
Codes.
14. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code officiaL For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shaH be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3 .1.2, the
distance requirement shall be 600 feet (183 m).
15. All Daycare's with 1 or more children must pass an inspection using the criteria of
the Idaho State Fire Marshal. If the applicant has concerns about meeting the State
Fire Marshal criteria an inspection will be completed at a cost of$20.
16. There shall be a fue hydrant within 100' of all fire department connections.
17. Buildings over 30' in height are required to have access roads in accordance with
Appendix D Section D105.
Cherry lane Christian Church Exhibit C
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18. This project will be required to provide a 20' wide swing or rolling emergency
access gate. The gate shall be equipped with a Knoxbox Padlock which has to be
ordered thru the Meridian Fire Department.
MERIDIAN PARKS DEPARTMENT COMMENTS
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance (MCC 12~ 13-13~6) will be followed.
2. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance (MCC 12-13~13) will be
followed.
MERIDIAN PUBLIC WORKS DEPARTMEN1:
1. All development improvements, including but not limited to sewer. fencing.
micro-paths, pressurized irrigation and landscaping shall be installed and
approved prior to obtaining certificates of occupancy.
2. Applicant shall be required to pay Public Works development plan review, and
construotion inspection fees, as determined during the plan review process, prior
to signature on the final plat per Resolution 02-374.
3. It shall be the responsibility of the applicant to ensure that aU development
features comply with the Americans with Disabilities Act and the Fair Housing
Act.
4. Applicant shall be responsible for application and compliance with and NPDBS
penmtting that may be required by the Environmental Protection Agency.
5. Applicant shall be responsible for application and compliance with any Section
404 Permitting that may be required by the Anny Corps of Engineers.
6. All grading of the site shall be performed in conformance with MCC 11~12-3H.
7. Compaction test results shall be submitted to the Meridian Building Department
for all building pads receiving engineered backfill, where footing would sit atop
fill materiaL
8. Any existing domestic wells andlor septic systems within this project shall be
removed from 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.
9. All irrigation ditches. laterals or canals, exclusive of natural waterways,
intersecting. crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12~4-13. Plans shall be approved by
Cherry Lam: Christian Church Exhibit C
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the appropriate irrigation/drainage district, or lateral users association (ditch
owners)~ with written approval or non-approval submitted to the Public Works
Department. rf lateral users association approval can't be obtained, alternate
plans shall be reviewed and approved by the meridian City Engineer prior to final
plat signature.
10. Please submit all updated groundwater/soils monitoring data to the Public Works
Department for review. Any drainage areas (detention/retention basins) must be
designed to ensure that water is retained only during lOO-year storm events, and
for a period of time not to exceed 24 hours. Side slopes within drainage areas
shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass
seed (or other approved landscaping) shall not count towards the required open
space area. The project engineer should pay close attention to the results of field
studies determining the groundwater, soil type & and characteristics during the
design and construction phases,
1 L Two-hundred-fifty and one hundred watt, high~pressure sodium streetlights shall
be required at locations designated by the Public Works Department. AU
streetlights shaH be installed at subdivider's expense. Typical locations are at
street intersections and/or fire hydrants. Final design locations and quantity are
determined after power designs are completed by Idaho Power Company. The
street light contractor shall obtain design and permit from the Public Works
Department prior to commencing installations.
12. Applicant's engineer shan be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three
feet above the highest established normal groundwater elevation.
ADA COUNTY HIGHWAY DISTRICT (ACHD}
Site Specific Conditions of Approval
The applicant shaU submit a detailed traffic study for the site prior to receiving detailed
approval.
Cherry Lane Christian Church Exhibit C
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EXHIBIT D
Cherry Lane Christian Church Annexation
AZ-05-023
Zoning Amendment Findings
ANNEXATION & ZONING ANALYSIS
According to Ordinance 11-15-11, General Standards Applicable to Zoning
Amendments) both the P&Z Commission and Council are required "to review the
particular facts and circumstances of each proposed zoning amendment in terms of the
following standards and shall find adequate evidence answering the following questions
about the proposed zoning amendment."
The following is the list of standards found in 11-15-11 and analysis:
A. Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
Staff finds that the requested Neighborhood Commercial (C-N) zoning
designation is in accord with the Comprehensive Plan's Future Land Use Map,
which delineates the subject property as "Mixed Use-Regional". Meridian City
Code (MCC) 11-7-2.H. states the purpose of the C-N district is "to permit small
scale convenience business uses which are intended to meet the daily needs of the
residents in the immediate neighborhood. ., .and shall not constitute aU or any
part of a strip development concept," The following Comprehensive Plan policies
also support the annexation and proposed Church! Private School use:
. "Penuit new. . ,commercial developments only where urban
seIVices can be reasonably provided at the time of :final approval
and development is contiguous to the City." (Chapter IV, pg. 26,
Goal 1, Obj, A, #6)
Municipal water, solid waste and other services exist to this area
of Meridian.
. "Require all new parking lots to provide landscaping in intemal
islands.'1 (Chapter V, pg. 43, Goal III, Obj. D, #3)
The Site Plan submitted with the annexation application for this
property is conceptual in nature; the parking lot will be addressed
through the submittal of the planned development and shall show
internal planters, as required.
. <<Locate new community commercial areas on arterials. . .near
residential areas in such a way as to complement with adjoining
residential areas." (Chapter VII, pg. 43, Goal III, Obj. D, #3)
Chl:rryLane Christian Church Exhibit D
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The proposed commercial use is located at the intersection of two
minor arterial roadways. A 25-foot wide street buffer is shown
along Ten Mile Road and Franklin Road, designed in part to
mitigate potential negative impacts upon the vehicular traffic on
arterial roads. There are several major residential developments
occurring in the area to which the proposal will provide service.
. "Restrict curb cuts and access points on collectors and arterial
streets." (Chapter VII, pg. 107, Goal IV, Obj. D, #2)
ACHD is requiring the applicant to ~ubmit a detaUed traffic study
for the site. The curb cuts and access points are consistent with
other proposals of this size and nature. However, these will be
approved with the filing of a detailed Planned Development and
full review by ACHD.
Chapter VI C.2 P71 - Multiuse pathways: Pathways that encourage use by
bicyclists and pedestrians can decrease road congestion and add to the
community's quality of life. The proposed off-street and multiuse pathway
systems are depicted in Figures VI-3 and Vl-4. New and existing developments
should ensure that the guidelines, laid out in this plan are adopted.
With the design of the conceptual plan the applicant has included multiuse
pathways in this development The Comprehensive Plan indicates in Figures VI -
3 and VI-4 the locations of pathways along the Ridenbaugh Canal, Eight Mile
Creek. and Ten-Mile Creek.
B. Is the area included in the zoning amendment intended to be rezoned in the
future;
Concurrent with the annexation and zoning appHcatioDt the applicant has
submitted a conceptual site plan. The site plans depicts several buildings on this
property with 1) a main building to seat 4,500 patrons and several classrooms and
2) a school with a gymnasium and an administration building. The site plan also
shows a recreation field and multiuse pathway system along the Ten Mile Creek.
Staff does not anticipate that the applicant plans to rezone the subject property in
the future if the subject annexation/zoning is approved, as the anticipated Church!
Private School uses will be conditionally allowed in the requested C-N zone.
Please see Finding "e)).
C. Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed uuder the new zoning -for example, a
residential area turning into a commercial area by means of conditional tlse
permits;
Staff finds that School! Private Schools would be Conditional uses within the
requested C-N zone, As mentioned above, however, there is no detailed
Cheny Lane Christian Cnurcll Exhibit D
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development plan proposed at this time, but a Planned Development must be
submitted in compliance with the Mixed-Use Regional Designation.
D. Has there been a change ill the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or planned or adjacent area being developed
in a fashion similar to the proposed rezone area;
Staff finds that the recent annexation and zoning of StO(~It, Castlebrook
Subdivision, and the recent proposal of Silver Oaks Subdivision (multifamily)
directly west of this site, dictates that the subject property be similarly zoned and
developed, The streets adjacent to this site have not been widened recentlY1 and
neither Franklin Road nor Ten Mile Road roadway improvements abutting this
site are in the current ACHD Five-Year Work Program. Franklin Road from Ten-
Mile to Black Cat is in the planned development phase for improvement.
E. Will the proposed uses be designed, constructed, operated and maintained to
be harmoniQus and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will not chauge the
essential character of the same area;
The applicant will be req:uired to cons1ruct, operate and maintain the future
buildings in accordance with City Code. Although this area was intended for
residential and commercial uses when the 2002 Comprehensive Plan was adopted~
staff finds that the size and number of uses Is consistent with the comprehensive
plan at this location. Staff fmds that the design of the submitted conceptual
layouts for school/office/church buildings could be hannonious with the adjacent
properties if cross-access is provided to the parcel to the west (multifamily). Staff
further finds that the proposed uses wiil change the existing character of the area,
but that the proposed zone and future use(s) should be hannonious and
appropriate in appearance with the character of the overall area. Staff finds that
any future uses) if designed, constructed and operated in accordance with adopted
city ordinances, should be harmonious and appropriate in appearance with. the
intended character ofthe vicinity.
F. Will the proposed uses not be hazardous or disturbing to existing 01" future
neighboring uses;
Commercial (schooJjchurch) vehicular access to this site could cause a potential
disturbancelhazard to eXisting and/or future uses. The 2002 Comprehensive Plan
Future Land Use Map designates the properties to the west as multifamily, and to
the south and east as Mixed Use Regional. The Commission and Council should
rely on public testimony to detennine whether the proposed C-N zoning will be
disturbing or hazardous to the neighboring uses.
Cherry Lane Christian Church Exhibit D
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Stafffinds that the use of this site for Church/School type uses should not be
hazardous or disturbing to existing or future neighboring uses if the applicant
enters into a development agreement with the City and all development and
landscaping ordinances are exercised, In addition to staff's analysis, the
Commission and Council should rely on public testimony to determine whether or
not the potential disturbance of allowing a commercial access int%ut of this site
will substantially affect the existing or future neighboring uses.
G. Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage stroctures,
refuse disposal, water, sewer or tbat the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
Sanitary sewer is currently not a.vailable to this site. This site is master planned
for the sewer to drain to the Black Cat lift station via extensions of mains through
Castlebrook, Chesterfield and the proposed. Silver Oaks to the west. Water mains
are readily available in Ten-Mile Road, and Franklin Road,
The applicant andlor future property owners will be required to pay any
applicable park and highway impact fees as well as construct on-site storm water
drainage facilities.
On May 27,2005) a joint agen.cy/department comments meeting was held with
representatives of key service providers to this property. Based on the joint
agency/depmtment meeting and other comments received from
agencies/departments, stafffinds that the public services listed above can be made
available to accommodate the proposed development. However, the joint agency
review was based on the conceptual plan, the Planned Development shall require
detailed review. The Commission and Council should reference any written
and/or verbal testimony submitted by any public service provider) regarding their
ability to adequately service this project
H. Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
If approved, the developer will be fmancing the extension of sewer, water. local
street (driveway) infrastructure. utilities and irrigation services to serve the
project. Other required site improvements will be funded and constructed by the
developer through the CZClPlanned Development approval process, The primary
public costs to serve the future uses will be fire and police facilities and services.
Staff finds there will notbe excessive additional requirements at public cost and
that the proposed zoning and subsequent development will not be detrimental to
the community's economic welfare.
Cherry Lane Christi an Chu(ch Exhibit D
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I. Will the proposed uses 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;
Staff finds that any future uses on this site will generate additional traffic on
adjacent roadways above and beyond the existing residences. The level of impact
will depend upon the type of future use(s) and the square footage of the buildings.
Staff recognizes that traffic and noise will increase with the approval of this
development; however, do to the large size of the site and number of proposed
accesses, staff does not believe that the amount generated will be detrimental to
the general welfare of the public. Traffic will further be reviewed and
accommodated by ACHD review of the detailed traffic study.
The purpose ofthe C-N zone is to "to pennit small scale convenience business
uses which are intended to meet the daily needs of the residents in the immediate
neighborhood. .. .and shall not constitute all or any part of a strip development
concept:' (MCCll-7-2.H) As such, staff does not anticipate future uses will
create smoke, fumes, glare, or odors that will be detrimental to the general welfare
of persons or property in the area. Staff does not anticipate the proposed
annexation and subsequent use(s) will create excessive noise, smoke, fumes, glare,
or odors. Staff finds that the proposed Church! Private School uses should not be
detrimental to people, property or the general welfare of the area.
MCC 11-16-4 provides the P&Z Conlmission and City Council the authority to
require a property owner to enter into a Development Agreement with the City of
Meridian that may require some written commitment for all future uses to more
fully comply with this finding. Due to the close proximity of existing and future
residential uses, the scale of the project, and relation to neighboring uses, staff
believes that a Development Agreement is necessary to ensure that the purpose of
the C~N zone is maintained. Please see Annexation & Zoning Facts and
Comments below.
J. Will the area have vehicular approaches to the property which shan be so
designed as not to create an interference with traffic on surrounding public
streets;
Tills parcel has a large amount of frontage on both Franklin Road and limited
frontage on Ten-Mile Road. The applicant is conceptually proposing four
driveway approaches to Franklin Road: a shared access at the mid section (for
possible future signalization), two right in and right out accesses, and a full access
at approximately the ~ section line. ACHD considers access points in their
analysis of development applications and has requested a detailed traffic study.
Staff believes that these locations will provide adequate access, but it may be
restricted based upon the detailed traffic study. To help future traffic flows in this
Cherry Lane Christian Church Exhibit D
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area, staff believes that cross access between the subject property and the property
to the west and north should be provided. If cross access is provided from the
west and north, patrons of the church/school, storage facility, and multifamily
development can access Franklin Road at the 1h section line, also to be cost shared
with the property to the west. Staff believes that the proposed uses (and access)
should not be hazardous to neighboring uses or traffic flows, but development
should be restricted until ACHD has had adequate time to review a traffic study.
The Commission and Council should rely on public testimony, ACHD staff, and
City staff's analysis when detennining whether or not a vehicular approach to
Franklin Road will interfere with traffic on surrounding public streets. See Special
Consideration #1 below for more analysis.
K. Will not result in the destruction, loss 0);' damage of a natural or scenic
feature of major importance; and
Staffis unaware of any natural of scenic features of major importance on this site
and finds that no natural or scenic features of maj or importance will be lost or
damaged by approving the annexation and zoning application. Any existing trees
larger than 4" caliper that are removed shall be mitigated for, per the Landscape
Ordinance.
L. Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992),j
The legal description submitted with the application, prepared by Stephen Lee
PLS of Pinnacle Engineers, Inc., shows that the property is contiguous to the
existing corporate boundary ofthe City of Meridian. The land directly north, and
northeast ofthe subject property have previously been annexed into the City and
this is a logical expansion of the City boundary. The applicant is proposing to
develop the land in substantial compliance with the City's Comprehensive Plan.
In accordance with the findings listed above, staff finds that the
annexation/zoning of this property would be in the best interest oillie City.
NOTE: Staff has included Development Agreement stipulations for annexation
and zoning of this property below.
Cheny Lane Christian Church Exhibit D
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AGREEMENT
THIS AGREEMENT is made and entered into this 1 nth day of
February, 2005, by and between Cherry Lane Christian Church and The City of
Meridian, Idaho with respect to parcel #9050 at E SIDE SE1/4SE1/4 Section 10 3N1W
as shown in Figure A.
Well 27 Lot
Cherry Lane Christian Church. owner of the referenced parcel, agrees to allow the City
of Meridian and it's agents access to the site for the purposes of drilling and sampling a
test water well, known as Well #27 Test Well. The City of Meridian agrees to pay
Cherry Lane Christian Church one hundred dollars ($100.00) for the use of this property
during the test drilling. The City of Meridian further agrees to the following:
1) The City will reclaim the site to a similar condition as it exists before
the test well.
2) if the City does not find a viable aquifer, the City will abandon the test
well.
At the Cities sole discretion and based on the results obtained from Test Well #27 the
City may purchase the parcel described above. If the City chooses to purchase the
parcel, Cherry Lane Christian Church agrees to sell the parcel for the total purchase
price of $21,000 and further agrees to cooperate with the City in completing the
transaction. The City agrees to allow a cross access agreement with Cherry Lane
Christian Church and to jointly agree on well house appearance. Cherry Lane Christian
Church agrees to grant and coordinate an easement for a flush line to Ten Mile Creek.
Well #26 Test Well ~ 1 of 2
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IN WITNESS WHEREOF! the parties do execute this Agreement the day
and year first above written.
By
CITY OF MERIDIANr IDAHO
By:
Attest:
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Well #26 Test Well- 2 of 2
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FIgure A
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roadway
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This sheet has been added to the document to
accommodate recording information.
Sanitary Sewer Easement for Cherry Lane
Christian Church, 2511 W. Cherry lane.
Approved by the Meridian City Council on December 6,
2005.
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,SAN IT ARV SEWER EASEMENT
THIS INDENTURE} effective this 21sT day of November, 200,Q, by the undersigned Cherry
Lane Christian Church! who maintains a mailing address of P.O. Box 671, Meridian, 10
83680, hereafter referred to as '$GRANTOR" for the benefit of the City of Meridian, a
municipal corporation of the State of Idaho that maintains a mailing address of 33 East
Idaho Street, Meridian, Idaho 83642. hereafter referred to as "CITY",
WITNESSETH:
WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through an underground
pipeline to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipeline from time to
time by the CITY;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor,
and other good and valuable consideration, the Grantor does hereby give, grant
and convey unto the CITY the right-of-way for the permanent and temporary
construction easements for the construction, operation and maintenance of a
sanitary sewer line over and across the following described property:
(SEE ATTACHED EXHIBITS A-1, A-2, & A-3)
The permanent easement hereby granted is for the purpose of construction and
operation of a sanitary sewer line and allied facilities, together with maintenance,
repair and replacement at the convenience of the CITY, with the free right of access
to such facilities at any and all times,
The temporary construction easement is for the purpose of construction of a
sanitary sewer line and related incidental work. The temporary construction
easement shall expire when the construction contract terminates.
TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the
said CITY, its successors and assigns forever.
1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between
the parties hereto, that the CITY, in constructing and in making future
repairs, will expediently replace and restore the premises to a
condition comparable to that existent prior to undertaking such
construction. repairs and replacement. However) the CITY will not be
responsible for repairing, replacing or restoring any permanent
structures, large trees or brush placed within the area described in
this easement.
SANITARY SEWER EASEMENT, Page 1 of2
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THE GRANTOR(S) do hereby covenant and agree that they will not place or allow
to be placed any permanent structures, large trees or brush within the area
described for this easement, which would interfere with the use of said easement,
for the purposes stated herein.
THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized
and possessed of the aforementioned and described tract of land, and that he has a
good and lawful right to convey said easement, and that he will warrant and forever
defend the title and quiet possession thereof against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures
the day and year first hereinabove written.
Gra tor
Cherry Lane Ch lstian Church
By: Larry Woodwar.Q, Outreach Minister
Wc9tP d'al'''
STATE OF IDAHO)
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County of Ada )
On this3.:i)~day of f\t)\l'\'.\'\"\...\~r;2005, qefore me Nh(.vu,nf> A \b~r-- \CSc 1,-""
personal!yappeared L....Gt. -( (\..) \.....l..JOOG\ 0. "(c\ , proved to me on the
basis of satisfactory evidence to be the persons whose names is SUbscribed to the
within instrument, and acknowledged that they executed the same.
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NOTARY PUBLIC FOR IDAHO
My Commission Expires on ~ ...-a---:s-, 0
Beneficiary: CITY OF MERIDIAN
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Date approved by Council: It. --6 -{/ ~ 'l;"'lrli~)Irr"f . ~<...~,\..."
SANITARY SEWER EASEMENT, Page 2 of 2 Itllt/tllltl\\\\\\"
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STATE OF IDAHO, )
55.
County of Ada )
On this ~ ..f-l-t day of htC(tJ1./r-iN , 2005, before me, the
undersigned, a Notary Public in and for said State, personally appeared Tammy de
Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk,
respectively, of the City of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
(SEAL)
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NOTARY PUBLIC FOR IDAHO
RESIDING AT: /11.1: {Io~! .JeI
MY COMMISSION EXPIRES; Ifj-~/'i"--{I
SANITARY SEWER EASEMENT, Page 3 of 3
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EXHIBIT A-1
Project:
Parcel No:
Date:
11873
51210449010
November 17,2005
PARCEL DESCRIPTION
PERMANENT EASEMENT
That portion of the Southeast 14 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada
County, Idaho, as shown on the attached exhibit, and more particularly described as follows:
Commencing at the Southeast corner of Section 10; thence along the Easterly boundary of the
Southeast 14 of said section, North 00.51'46" East, 301.75 feet; thence North 89"08'14" West, 25.00 feet to the
Westerly prescriptive right-of-way of Ten Mile Road, the POINT OF BEGINNING;
thence North 45" 35'14" West, 105.58 feet;
thence North 88.27'10" West, 1,452.46 feet to the Westerly boundary of the Church Subdivision;
thence along said boundary, North 01" 33'00" East, 692.02 feet;
thence South 43 "17'03" East, 28.28 feet;
thence South 01"33'00" West, 642.02 feet;
thence South 88' 27'10" East, 1,444,23 feet;
thence South 45.35'14" East, 88.84 feet to the Westerly prescriptive right-of-way of Ten Mile Road;
thence along said right-of-way, South 00"51'46" West, 41.39 feet to the POINT OF BEGINNING.
Containing 1,371 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-B ENGINEERS, Inc.
Ronald M. Hodge, P ,L.S.
RMH/TLK:lhc
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EXHIBIT A-2
Project:
Parcel No:
Date:
11873
51210449010
November 17, 2005
PARCEL DE5CRrPTJOI~
TEMPORARY EASEMENT
That portion of the Southeast ~ of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada
County, Idaho, as shown on the attached exhibit, and more particularly described as foUows:
Commencing at the Southeast corner of Section 10; thence along the Easterly boundary of the
Southeast ~ of said section, North 00.51'46" East, 343.14 feet; thence North 89' 08'14" West, 25.00 feet to the
Westerly prescriptive right-of-way of Ten Mile Road, the POINT OF BEGINNING;
thence North 45" 35'14" West, 88.84 feet;
thence North 88'27'10" West, 1,444.23 feet;
thence North 01.33'00" East, 642.02 feet;
thence South 88'27'00" East, 50.00 feet;
thence South 01" 33'00" West, 592.02 feet;
thence South 88.27'10" East, 1,413.86 feet;
thence South 45.35'14" East, 60.93 feet to the Westerly prescriptive right-at-way of Ten Mile Road;
thence along said right-of.way, South 00"51'46" Westf 68.99 feet to the POINT OF BEGINNING.
Containing 2.434 acres, more or less.
END OF DESCRIPTION
Prepared by:
J-U-8 ENGINEERS, Inc.
Ronald M. Hodge, P.L.S.
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