HomeMy WebLinkAboutZ - Development Agreement Ada County Recorder Trent Tripple 2026-001072
Boise,Idaho Pgs=33 vbailey 01/07/2026 09:31:06 AM
CITY OF MERIDIAN IDAHO$0.00
Electronically Recorded
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Virgin Mary & St. Mark Coptic Orthodox Church Inc., Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into this 6th day of
January , 2026, by and between City of Meridian, a municipal corporation of the State of
Idaho, hereafter called"CITY," whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642, and
Virgin Mary & St. Mark Coptic Orthodox Church Inc., whose address is 4379 N. Locust Grove
Road, Meridian, Idaho 83646, hereinafter called "OWNER/DEVELOPER."
1. RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a certain
tract of land in the County of Ada, State of Idaho, described in Exhibit"A," which
is attached hereto and by this reference incorporated herein as if set forth in full,
hereinafter referred to as the "Property;" and
1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance,
establish provisions governing the creation, form, recording, modification,
enforcement and termination of development agreements required or permitted as a
condition of zoning that the Owner/Developer make a written commitment
concerning the use or development of the Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section
11-513-3 of the Unified Development Code("UDC"), which authorizes
development agreements and the modification of development agreements; and
1.4 WHEREAS, Owner/Developer has submitted an application for development
agreement modification to remove the property listed in Exhibit "A" from an
existing Development Agreement recorded in Ada County, Idaho as Instrument
#2016-086864 (Project name: Ashley Manor H-201.6-0043), and for the inclusion
of the Property into this new Agreement, which generally describes how the
Property will be developed and what improvements will be made; and
1.5 WHEREAS, Owner/Developer made representations at the duly noticed public
hearings before the Meridian City Council, as to how the property will be
developed and what improvements will be made; and
1.6 WHEREAS, the record of the proceedings for requested development agreement
modification held before the City Council includes responses of government
DEVELOPMENT AGREEMENT—VIRGIN MARY AND ST.MARK COPTIC ORTHODOX CHURCH H-2025-0015
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subdivisions providing services within the City of Meridian planning jurisdiction,
and includes further testimony and comment; and
1.7 WHEREAS, on the 22"d of July, 2025, the Meridian City Council approved certain
Findings of Fact and Conclusions of Law and Decision and Order("Findings"),
which have been incorporated into this Agreement and attached as Exhibit`B;"
and
1.8 WHEREAS, Owner/Developer 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 request; and
1.9 WHEREAS, the property listed in Exhibit "A" shall no longer be subject to the
terms of the existing Development Agreement recorded in Ada County, Idaho as
Instrument#2016-086864 (Project name: Ashley Manor H-2016-0043) and shall be
bound by the terms contained herein in this new agreement; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement modification 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 Agreement, herein being established as a result of evidence
received by the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from affected
property owners and to ensure zoning designations are in accordance with the
amended Comprehensive Plan of the City of Meridian on December 19, 2019,
Resolution No. 19-2179, and the UDC, Title 11.
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 incorporated 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 otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which
is a municipal corporation and government subdivision of the state of Idaho,
organized and existing by virtue of law of the State of Idaho, whose address is 33
East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Virgin Mary & St. Mark Coptic
Orthodox Church Inc., whose address is 4379 N. Locust Grove Road, Meridian,
Idaho 83646, the party that owns said Property and shall include any subsequent
owner(s) of the Property.
DEVELOPMENT AGREEMENT-VIRGIN MARY AND ST.MARK COPTIC ORTHODOX CHURCH H-2025-0015
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3.3 PROPERTY: means and refers to that certain parcel of Property located in the
County of Ada, City of Meridian as described in Exhibit "A" describing a parcel to be removed from
existing Development Agreement recorded in Ada County, Idaho as Instrument#2016-086864 (Project
name: Ashley Manor H-2016-0043), with such parcel being bound by this new Agreement, which
Exhibit "A" is attached hereto and by this reference incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to
develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed as
permitted, conditional and/or accessory uses under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1 Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Direct lot access to N. Locust Grove Rd., an arterial street, is prohibited in
accord with UDC 11-3A-3.
b. Sidewalk shall be installed along N. Locust Grove Rd. where it doesn't
currently exist in the location and width to match the existing sidewalk in
accord with the standards listed in UDC 11-3A-17 and as required by Ada
County Highway District(ACHD). The sidewalk shall go around the existing
irrigation vault to provide continuous pedestrian access.
c. Additional right-of-way shall be dedicated to ACHD to widen N. Bright Angel
Ave. and N. Locust Grove Rd. as required by ACHD. The pavement for N.
Bright Angel Ave. shall be widened and curb, gutter and sidewalk shall be
constructed with development of the site as required by ACHD.
d. All existing open waterways on the site shall be piped as set forth in UDC 11-
3A-6B.
e. Future development of this site shall be generally consistent with the conceptual
site plan and building elevations depicted in Section VI.0 of the Staff Report
attached to the Findings of Fact and Conclusions of Law attached hereto as
Exhibit"B" and the provisions contained herein.
f. Compliance with the specific use standards listed in UDC 11-4-3-6—Church or
place of religious worship is required.
g. The site plan submitted with the Certificate of Zoning Compliance application
for this site shall take into consideration the ultimate right-of-way for N. Locust
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Grove Rd. per the Master Street Map in regard to sidewalk, street buffer and
building locations.
h. Mitigation is required for any existing trees 4-inch caliper or greater that are
removed from the site in accord with the standards listed in UDC 11-3B-1OC.
Contact the City Arborist prior to removal of any trees from the site to confirm
mitigation requirements.
i. Future development of this site is required to comply with the design standards
listed in UDC 11-3A-19 and the Architectural Standards Manual.
j. The applicant shall submit and obtain approval of a Certificate of Zoning
Compliance and Administrative Design Review application prior to submittal
of a building permit application(s).
k. The church shall operate in accord with the hours specified herein in accord
with the shared use parking agreement, attached hereto as Exhibit"C," and
shall not extend beyond the hours of 6:00 a.m. to 10:00 p.m. as set forth in
UDC 11-2B-3B for the L-O zoning district.
1. Compliance with the shared use parking agreement shall be required. The
shared use parking agreement attached hereto as Exhibit"C" shall supersede
the draft shared use parking agreement included in Section VI.E of the Staff
Report attached to the Findings of Fact and Conclusions of Law attached hereto
as Exhibit`B."
in. Directional signs shall be installed on the site as notice of the availability of off-
site parking in accord with UDC 11-3A-7A.Id.
n. City Council granted the Owner/Developer's request for a reduced buffer to
residential uses along the northern boundary of the site from 20 feet to 5 feet as
allowed by UDC 11-3B-9C.2. The reduced buffer width shall not affect
building setbacks; all structures shall be set back from the property line a
minimum of the buffer width required in the applicable zoning district.
6. APPROVAL PERIOD: If this Agreement has not been fully executed within six (6)
months after the date of the Findings, the City may, at its sole discretion, declare the Agreement null
and void.
7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING
DESIGNATION:
7.1 Acts of Default. In the event Owner/Developer, or Owner's Developer's 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 terms
and conditions included in this Agreement in connection with the Property, this
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Agreement may be terminated by the City upon compliance with the requirements
of the Zoning Ordinance.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
agreement, Owner/Developer shall have thirty(30) days from receipt of written
notice from City to initiate commencement of action to correct the breach and cure
the default, which actions must be prosecuted with diligence and completed within
one hundred eighty (180) days; provided, however, that in the case of any such
default that cannot with diligence be cured within such one hundred eighty (180)
day period, 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.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice
from City as described in Section 7.2, City shall, upon satisfaction of the notice and
hearing procedures set forth in Idaho Code § 67-6511 A, have the right, but not a
duty, to de-annex all or a portion of the Property, reverse the zoning designations
described herein, and terminate City services to the de-annexed Property, including
water service and/or sewer service. Further, City shall have the right to file an
action at law or in equity to enforce the provisions of this Agreement. Because the
covenants, agreements, conditions, and obligations contained herein are unique to
the Property and integral to the City's decision to annex and/or re-zone the
Property, City and Owner/Developer stipulate that specific performance is an
appropriate, but not exclusive, remedy in the event of default. Owner/Developer
reserves all rights to contest whether a default has occurred.
7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto
shall be governed by and construed in accordance with the laws of the State of
Idaho, including all matters of construction, validity,performance, and
enforcement. Any action brought by any party hereto shall be brought within Ada
County, Idaho.
7.5 Delay. In the event the performance of any covenant to be performed hereunder by
either Owner/Developer or City is delayed for causes that 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.
7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more
of the covenants or conditions hereof shall apply solely to the default and defaults
waived and shall neither bar any other rights or remedies of City nor apply to any
subsequent default of any such or other covenants and conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or
the entirety of said development of the Property as required by this Agreement or by City ordinance or
policy, notify the City Engineer and request the City Engineer's inspections and written ordinance or
policy, notify the City Engineer and request the City Engineer's inspections and written approval of
such completed improvements or portion therefor in accordance with the terms and conditions of this
Agreement and all other ordinance of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including
all of the Exhibits, and submit proof of such recording to Owner/Developer.
DEVELOPMENT AGREEMENT-VIRGIN MARY AND ST.MARK COPTIC ORTHODOX CHURCH H-2025-0015
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10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid
and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable
letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to
insure the installation of required improvements, which the Owner/Developer agrees to provide, if
required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if the
improvements have not been installed, completed, and accepted by the City, or sufficient surety of
performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all
ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. 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, return receipt requested, addressed as follows:
CITY: with copy to:
City Clerk City Attorney
City of Meridian City of Meridian
33 E. Broadway Ave. 33 E. Broadway Ave.
Meridian, Idaho 83642 Meridian, Idaho 83642
OWNER/DEVELOPER:
Virgin Mary & St. Mark Coptic Orthodox Church, Inc.
PO BOX 6881
4379 N. Locust Grove Road
Meridian, Idaho 83646
14.1 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.
15. 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.
16. 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 constitute a breach of and a
default under this Agreement by the other party so failing to perform.
17. 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 Owner/Developer, 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
DEVELOPMENT AGREEMENT-VIRGIN MARY AND ST.MARK COPTIC ORTHODOX CHURCH H-2025-0015
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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 Owner/Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has
determined that Owner/Developer has fully performed its obligations under this Agreement.
18. INVALID 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.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each
party shall act reasonable in giving any consent, approval, or taking any other action under this
Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable
action or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to
remove a portion of the Property ("Removed Property") from this Agreement at any time,provided
that the City and the owner of the Removed Property concurrently enter into a modified development
agreement governing the development and use of the Removed Property. The remaining portion of the
Property, which has not been removed from this Agreement as described above, shall continue to be
bound by the terms of this Agreement.
22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer 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 Owner/Developer 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 the Property 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
upon execution of the Mayor and City Clerk.
[End of text. Acknowledgements, signatures, and Exhibits A and B follow.]
DEVELOPMENT AGREEMENT-VIRGIN MARY AND ST.MARK COPTIC ORTHODOX CHURCH H-2025-0015
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER:
Virgin Mary & St. Mark Coptic Orthodox Church, Inc.
c
By (name): A:l G8G r 1RaP-/a.
Its (title): vice - Pre s 1 deh T
JEANETTE DEL CID
State of Idaho Notary Public-State of Idaho
ss:Commission Number 20234333
County of Ada My Commission Expires Nov 8, 2029
..
On this 5( day of Dea y id/, 2025, before me, the undersigned, a Notary Public in and.for�said State,
personally appeared V" , known or identified to me to be the V I a—?yk-5 I�St 11t of
Virgin Mary&St.Mark Coptic Orthodox Church,Inc. and the person who signed above and acknowledged to me that they
executed the same.
1N WITNESS WHEREOF,I have hereunto set my hand and affixed�my official seal the day and year in this certificate
first above written.
Notary Public
My Commission Expires: i`n\i
CITY OF MERIDIAN ATTEST:
`
By:
Mao ert . Si Fison 1-6-2026 Chris Johns , City <<.-CA"" 1-6-2026
State of Idaho )
ss
County of Ada )
2026
On this 6th day of January 242-55-, before me, a Notary Public,personally appeared Robert E.Simison
and Chris Johnson,known 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.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate
first above written.
CHARLENE WAY Chadot-W
COMMISSION NO. 67390 Notary Public f4Ees:
3-28-2028
NOTARY PUBLIC My Commissio
STATE OF IDAHO
DEVELOPMENT AGREEMENT—VIRGIN MARY AND ST.MARK COPTIC ORTHODOX CHURCH H-2025-0015
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Instrument # 2026-001072
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PARCEL DESCRIPTION
FOR
VIRGIN MARY AND ST. MARK COPTIC CHIRCH
A parcel of land being a portion of Lot 10 of Crestwood Subdivision No. 1 as shown on the
Official Plat thereof on file in Book 28 of Plats at Page 1757-1758 in the Office of the
Recorder of Ada County, Idaho, tying in the NE 1/4 of Section 31,Township 4 North, Range 1
East, Boise Meridian,Ada County, Idaho, said parcel of land being more particularly
described as follows:
Commencing a brass cap at the NE corner of Section 31;thence along the East Line of
Section 31, S.0 0033'02"W. 1329.50 feet to a point;thence N.89048'3 9"W. 32.99 feet to a
5/8"iron p i n marking the West right-of-way of N. Locust Grave Road, also being the POINT
OF BEGINNING;
Thence along the north line of Lot 10 Crestwood Subdivision No 1, N.8904839"W. 208.73
feet to a 5/8" iron pin;
Thence along t h e East right-of-way for N. Bright Angel Ave., S.0013439"W. 116.50 feet to a
a point;
Thence S.8 9049'42"E. 208.71 feet to a 5/8"iron pin;
Thence along the West right-of-way of N. Locust Grove Road, N.00035'06"E. 116.43 feet to
the POINT OF BEGINNING.
Said parcel contains 0.56 acres more or less and is subject to all existing easements and
right-of-ways of record or implied.
15758
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Instrument # 2026-001072
EXHIBIT B
DRAWING SHOWING A PORTION LOT 10 OF
CRESTWOOD SUBDIVISION NO. 1 LYING IN THE NE
1/4 OF SECTION 31, T.4N., RJE., B.M., ADA
COUNTY, IDAHO, 2023.
CP&F NO. 111098263
30 29
31 32
N89'45'39"W ¢
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BOUNDARY LINE V,
SECTION UNE
--^ PROPOSED BOUNDARY
-- — — — — — — LOT LINE
RIGHT OF WAY DEDICATION
FOUND 5f8- IRON PIN
FOUND ALUMINUM CAP
L1 CALCULATED POINT-NOT SET
GRAPHIC SCALE
30 15 3O 611 12O
[IN KET)
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16 CN�:' � ® � ° `: OF
S/16/23 E 1 1 VIRGIN MARY AND ST. MARK COPTIC CHURCH
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�Iinstrument # 2026-001072
EXHII 1712936 09:31:06 AM Page 11 of 33
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW IDIANY
AND DECISION& ORDER
In the Matter of the Request for Modification to the Existing Development Agreement(Inst.#2016-
086864—Ashley Manor)for a New Agreement Applying Only to the Subject Property to Update
the Development Plan and Change the Approved Use of the Property from Office to a Church,by
Virgin Mary and St. Mark Coptic Orthodox Church.
Case No(s).H-2025-0015
For the City Council Hearing Date of: July 8,2025(Findings on July 22,2025)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 8, 2025,incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of July 8,2025,incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 8, 2025,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of July 8, 2025,incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use
Planning Act of 1975,"codified at Chapter 65, Title 67,Idaho Code(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019, Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision,which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the
Community Development Department,the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR VIRGIN MARY AND ST.MARK COPTIC ORTHODOX CHURCH-MDA H-2025-0015
- 1 -
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7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of July 8, 2025, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's request for a modification to the existing development agreement is hereby
approved per the provisions in the Staff Report for the hearing date of July 8, 2025, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted, including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-652 1(1)(d) and 67-8003, an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of July 8, 2025
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR VIRGIN MARY AND ST.MARK COPTIC ORTHODOX CHURCH-MDA H-2025-0015
-2-
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By action of the City Council at its regular meeting held on the 22nd day of July
2025.
COUNCIL PRESIDENT LUKE CAVENER VOTED AYE
COUNCIL VICE PRESIDENT LIZ STRADER VOTED
COUNCIL MEMBER DOUG TAYLOR VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE
COUNCIL MEMBER BRIAN WHITLOCK VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Rob imison 7-22-2025
Attest:
z 6,��
SF,AL
Chris Johns'
City Clerk
Copy served upon Applicant, Community Development Department,Public Works Department and City
Attorney.
By:
Cha&wW 0-� Dated: 7-22-2025
City Clerk's Office
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR VIRGIN MARY AND ST.MARK COPTIC ORTHODOX CHURCH-MDA H-2025-0015
-3 -
Instrument # 2026-001072
01/07/2026 09:31:06 AM Page 14 of 33
COMMUNITY DEVELOPMENT
IDINF
DEPARTMENT REPORT
HEARING July 8, 2025 Legend
DATE: Project Location City Limits
TO: Mayor& City Council ;::Area of Impact 0 Analysis
FROM: Sonya Allen,Associate Planner
208-884-5533
k
sallen@meridiancity.org
m J111
APPLICANT: Nader Rafla
SUBJECT: H-2025-0015
Virgin Mary and St. Mark Coptic r-----_®
Orthodox Church—MDA
- -�k�
A
LOCATION: 4383 N. Locust Grove Rd.,in the
northeast 1/4 of Section 31,TAN., R.IE.
(Parcels R1608650276 and
R1608650278)
I. PROJECT OVERVIEW
A. Summary
Modification to the existing development agreement(Inst. #2016-086864) for a new agreement
applying only to the subject property to update the development plan and change the approved
use of the property from office to a church.
B. Issues/Waivers
The Applicant requests City Council approval of a reduced buffer width from 25 feet to 5 feet
along the northern property boundary adjacent to the existing residential use.
Staff recommends the Applicant submit and obtain Director approval of Alternative Compliance
applications for an alternative off-street parking plan as set forth in UDC 11-3C-7F in order to
comply with the off-street parking standards listed in UDC 11-3C-6; and a reduced street buffer
width along N. Locust Grove Rd.prior to City Council approval of the signed DA. This will
ensure the DA isn't amended for a development plan that isn't approved for development. If one
or both of these applications is denied by the Director,revisions to the site plan shall be made to
comply with the minimum standards for such in UDC 11-3C-6 and/or UDC Table 11-2B-3, as
applicable.
Staff also recommends the Applicant submit an updated shared use parking agreement and/or
hours of operation for the church that don't conflict with the standard operating hours for both
uses,including the Holy holidays(i.e. Feasts), for inclusion in the new DA.
Note:Because the Applicant has a deadline to obtain Council approval of the proposed MDA in a
purchase agreement for this property in the near future, Staff is recommending the Council act on
this application at the upcoming hearing rather than continuing it to a subsequent meeting to
resolve the above-noted issues.
01v ol'"/Ie idian Department Reliorrt 1, 1)1-oJect 0\er ew
Instrument # 2026-001072
01/07/2026 09:31:06 AM Page 15 of 33
C. Recommendation
Staff. Approval
D. Decision
City Council: Pending
I1, COMMUNITY METRICS
Table 1: Land Use
Description Details Map Ref.
Existing Land Use(s) Vacant/undeveloped -
Proposed Land Use(s) Church -
Existing Zoning L-O(Limited Office) VI.A.2
Proposed Zoning NA
Adopted FLUM Designation MU-N(Mixed Use—Neighborhood)(0.4 acres)&MDR VLA.3
(Medium Density Residential)(0.14 acres)
Proposed FLUM Designation MU-R
Table 2: Process Facts
Description Details
Preapplication Meeting date 1/28/2025
Neighborhood Meeting 4/21/2025
Site posting date 6/21/2025
Note: See City/Agency Comments and Conditions Section and public record for all department/agency
comments received. Copy this link into a separate browser:
https://weblink.meridiancity.orglWebLinkIBrowse.aspx?id-393924&dbid=0&repo=Mc-ridiancity).
Table 3: Project Overview
Description Details
History Ashley Manor(Ord.#16-1706;DA Inst.#2016-086864;ROS#10604
Physical Features Parkins-Nourse Lateral runs along east boundary of site along N.Locust
Grove Rd.—most of the ditch is piped with a short 20'+/-section that is
open at the north end.
Acreage 0.55 acres
Ili, STAFF ANALYSIS
Comprehensive Plan and Unified Development Code (UDC)
A. General Overview
The subject application encompasses two (2)parcels of land fronting on both N. Locust Grove
Rd., an arterial street, and N. Bright Angel Ave., a local street,which are governed by a
Development Agreement(DA) approved with annexation of the property in 2016. The DA
includes a portion of the abutting property to the south that was originally part of the subject
property.
The Parkins-Nourse Lateral runs along the eastern boundary of the site; a small section
approximately 20 feet long is currently open at the north end and the remainder is piped. If
development is approved,the open section is required to be piped.
The conceptual development plan included in the existing DA, shown below in Section VI.B,
anticipated the existing house on the northern portion of the property either being remodeled for
an office use and remaining or being removed and a new office building constructed in its place.
City ol'Meridiaii Department Report 11. C'olmmln tv Metrics
Instrument # 2026-001072
01/07/2026 09:31:06 AM Page 16 of 33
The southern portion of the property was anticipated to develop with a new office building or the
existing office on the adjacent parcel to the south would be expanded onto the subject property.
Since that time,the residential home has been removed from the site and wasn't replaced with a
new building.
Existing provisions included in the DA are as follows:
1. Direct lot access to N. Locust Grove Road,an arterial street,is prohibited in accord with
UDC 11-3A-3.
2. Sidewalk shall be installed along N. Locust Grove Road where it doesn't currently exist
and along N. Bright Angel Avenue in accord with the standards listed in UDC ll-3A-17.
The sidewalk along Locust Grove shall go around the existing irrigation vault to provide
continuous pedestrian access.
3. Future development of this site shall be generally consistent with the conceptual site plan
and building elevations depicted in Exhibit A and the conditions noted in the staff report.
4. The site plan submitted with the Certificate of Zoning Compliance application for this
site shall take into consideration the ultimate right-of-way for N. Locust Grove Road per
the Master Street Map in regard to sidewalk, street buffer and building locations.
5. Mitigation is required for any existing trees 4-inch caliper or greater that are removed
from the site in accord with the standards listed in UDC I 1-313-1OC. Contact Elroy Huff,
City Arborist,prior to removal of any trees from the site to confirm mitigation
requirements.
6. Future development of this site is required to comply with the design standards listed in
UDC 11-3A-19 and the Architectural Standards Manual.
7. The applicant shall submit and obtain approval of a Certificate of Zoning Compliance
and Design Review application prior to submittal of a building permit application(s).
8. Hours of operation in the L-O district are limited to the hours between 6:00 am and 10:00
pm as set forth in UDC 11-2B-3A.4.
9. The residential use of the subject property shall cease upon annexation ordinance
approval.
10. If the existing structure is to be retained on the site,the applicant shall be required to
cease using any other existing water source or method of disposing of sewage and
connect to City water and sewer service within sixty(60) days of approval of the
annexation ordinance per MCC 9-1-4 and MCC 9-4-8.
B. Development Agreement Modification
A new DA is proposed, which would only apply to the subject property and change the
development plan approved for the site from office to a church use. A conceptual development
plan and building elevations were submitted, included below in Section VI.C,that depicts a 9,930
square foot 2-story building with a main level approximately 4' above ground level and a lower-
level daylight basement; the elevations will include windows at the lower level that aren't
currently shown. The Applicant states the building will be equipped with fire sprinklers. For this
reason and because of the proximity of Bright Angel Ave. and Locust Grove Rd. to the proposed
building,internal fire access within the site is not required; however, a Fire Department
connection for the building needs to be provided on the street access side and within 100' of a fire
hydrant.
Ot� I` I :icli r� DcpI trtiiieiit Report t II[. Stafl'Aii1 ysis
Instrument # 2026-001072
01/07/2026 09:31:06 AM Page 17 of 33
A total of 11 off-street vehicle parking spaces are depicted on the conceptual development plan
on the subject property. Access for the site is proposed via N. Bright Angel Ave. with no access
via N. Locust Grove Rd. The Applicant states the allowed occupancy for the building is 160.
The Applicant proposes an alternative off-street parking plan for shared parking agreement with a
nearby daycare facility(Brighter Beginnings Learning Center)located at 1463 E. Star Rd. to use
up to 15 of their parking spaces on Saturdays(church's overflow needs most likely between 9:00
am and 1:00 pm), Sundays and Holy holidays when the owner's parking needs are expected to be
less—additional spaces require approval. The normal business hours of operation for the daycare
are currently Monday through Friday from 6:30 am to 6:00 pm but could expand to Saturdays in
the future.
The proposed operational hours of the church are as follows:
Standard Operational Hours:
Saturdays: From 9:00 am—1:00 pm : Liturgy and Sunday school
From 6:00 pm—7:00 pm :Vespers prayers
From 7:00 pm—9:00 pm ; Mid night praises
Sunday: From 9,00 am—2:00 pm : Liturgy and Sunday school
Feasts Schedule of Operation:
Friday before passion week:9:OOam—3:00pm
The passion week:
Saturday:9:00am—2:OOpm : Liturgy and Sunday School
6:OOpm—9:OOpm :Vespers and Midnight Praises
Sunday:9:OOam—2:00pm ;Palm Sunday
6:00pm—9:00 pm : Night passion week prayers
Saturday: 12:00am—6:30am:Apocalypse Prayers and Divine Liturgy
5:00pm—10:00pm:Feast of the resurrection liturgy
Sunday: 10:00 am—2:00pm:Sunday School and Feast Celebration Gathering
Nativity Feast:
January 61h:5:00 pm—9:00 pm : Nativity Feast Divine Liturgy
January 7`h: 10:00 am—2;00pm :Sunday School and Feast Celebration
Gathering
Feast of the Baptism of Our Lord Jesus Christ
Variable day in January based on the Coptic Calendar
5:00 pm—9:00 pm :Feast Divine Liturgy
C. Staffs Analysis
The proposed church use is listed as a principal permitted use in the L-O (Limited Office)zoning
district per UDC Table 11-2B-2, subject to the specific use standards listed in UDC 11-4-3-6
Church or Place of Religious Worship, as follows: "Schools, child daycare services, meeting
facilities for clubs and organizations, and other similar uses not operated primarily for the
Uity ol,Nlc idian I)CImrtillent l�ePolt lll. Sta9`C.r' nalys s
Instrument # 2026-001072
01/07/2026 09:31:06 AM Page 18 of 33
purpose of religious instruction, worship, government of the church, or the fellowship of its
congregation may be permitted to the extent the activity is otherwise permitted in the district."
A corridor improvement project,which includes widening N. Locust Grove Rd. along the east
boundary of the site,is included in the Capital Investment Program for design year 2028-2029.
Additional right-of-way(ROW)is required to be dedicated with development to total 50 feet
from centerline of Locust Grove Rd. as required by ACHD for the ultimate expansion of the road
to 5-lanes. A typical street section required by ACHD for such roadway is shown below:
OL EL
�0 is 05 �a
5-Lane Minor Arterial Street Section w/Multi-Use Path
59/99 2 10 8 2 1 11 1 11 1 11 1 11 1 11 2 8 10 2
Rightof Way at Private and Public:intersections shall adjust tothe setbacks required within the Multi-Use PathwayToolkit
Right of Way at driveways shall adjust to the setbacks required within the Multi-Use Pathway Toolkit
Additional ROW is required to be dedicated with development along Bright Angel Ave. for a 3-
lane commercial roadway to total 27 feet from centerline. A typical street section required by
ACHD for such roadway is shown below:
gas n
2-Lane Commercial w/Parking
36/50 2 5 .5 7.5 10 1Q 7.5 .S 5 2
(Parking) (P.erking)
3-Lane Commercial
40/54 2 5 .5 13 13 13 S 5 2
A 25-foot wide street buffer is required to be provided along Locust Grove Rd.,measured from
the ultimate back of curb location,with landscaping in accord with the standards listed in UDC
11-313-7C. The proposed concept plan depicts a reduced buffer width of 12'6",which
requires submittal of an alternative compliance application and demonstration that a
unique hardship caused by the required street buffer exists; the request needs to also
include a proposal of a specific alternative landscape plan that meets or exceeds the intent
of the required buffer—in no case shall the width be reduced to less than 10% of the depth
of the lot(after ROW dedication). A reduction to the buffer width shall not affect building
setbacks—all structures shall be set back from the property line a minimum of the buffer
width required in the district. Such application/request has not been submitted or approved
by the Director and would need to be in order for the proposed development plan to be
viable. This application should be submitted and approved prior to City Council approval
of the signed DA if the subject MDA application is approved.
A minimum 20-foot wide buffer to residential uses is required to be provided along the
northern property boundary per UDC Table 11-2B-3 with landscaping per the standards
listed in UDC 11-313-9C.The Applicant requests a reduced buffer width of 5 feet along this
boundary with no reductions to the building setback. The UDC(I1-3B-9C.2) states, "The
width of the buffer is determined by the district in which the property is located, unless such
width is otherwise modified by City Council at a public hearing with notice to surrounding
property owners. The tables of dimensional standards for each district in accord with Chapter 2,
"District Regulations", of this Title establish the minimum buffer size. A reduction to the buffer
width shall not affect building setbacks; all structures shall be set back from the property line a
01 ol''Mcrid ialr 1)Cpftr nient Ra polt 111. Stal'I'Anak'sis
Instrument # 2026-001072
01/07/2026 09:31:06 AM Page 19 of 33
minimum of the buffer width required in the applicable zoning district." Staff recommends the
Applicant obtain a letter from the residential property owner stating they're in agreement
with the reduced buffer width proposed prior to the Council hearing(if they are in
agreement). The Council should determine if the request is appropriate.
Based on the square footage of the building, a minimum of 20 off-street vehicle parking spaces
and one(1)bicycle parking space are required to be provided for non-residential uses in
commercial districts per UDC 11-3C-6B.1. With the proposed development plan,only 11 off-
street parking space are provided on the site; an additional 15 spaces are proposed to be provided
off-site through a shared use parking agreement,which will provide a total of 26 off-street
parking spaces for the site.There are conflicts that exist between the standard hours of operation
of the daycare and the proposed church on Saturday evenings between 6:00 pm and 9:00 pm and
during certain days/times on Holy holidays(i.e. Feasts). Staff recommends the Applicant
submit an updated shared use parking agreement and/or hours of operation for the church
that don't conflict with the standard operating hours for both uses,including those for Holy
holidays (i.e.Feasts). This should be submitted prior to City Council approval of the signed
DA if the proposed MDA application is approved, and included as an exhibit in the DA.
Per UDC 11-3C-7A, conditions favorable to providing alternatives to off-street parking are as
follows: (Staff's analysis is in italics)
1. There are convenient pedestrian connections between separate properties;
Sidewalks along streets provide a pedestrian connection between the two properties.
2. The properties and/or uses are within one thousand(1,000)feet of each other;
The properties are within approximately 600 feet of each other.
3. The principal operating hours of the uses are not in substantial conflict with one another;
and
The proposed hours for the church and the existing daycare facility hours of operation
are listed above. The hours of operation between the two uses conflict on the Friday
before passion week from 9:00 am to 3:00 pm, on Saturday during passion week from
1:00 to 2:00 pm,January 6'4 (Tuesday)from 5:00 to 6:00 pm,January 7`" (Wednesday)
from 10:00 am to 2:00 pm, and possibly on the variable day in January based on the
Coptic Calendar. The parking agreement doesn't state parking can be utilized on
Saturday evenings from 6:00 to 9:00 pm—because the daycare isn't currently open on
Saturdays, these hours can probably be included. Because the minimum on-site
parking standards are not being met,Staff sees this as a significant conflict during
these times. For this reason,Staff recommends the Applicant submit an updated
shared use parking agreement and/or hours of operation for the church that don't
conflict with the standard operating hours for both uses, including the Holy holidays
(i.e. Feasts),for inclusion in the new DA.
If the daycare facility decides to operate on Saturdays in the future, shared parking
would not be available during the standard operating hours between 9:00 am and 1:00
pm for liturgy and Sunday school or during Passion Week between 9:00 and 2:00 pm and
from 5:00 pm to 6:00 pm during the feast of the resurrection liturgy. This would present
a significant conflict if this happens, which would require an alternative shared
parking agreement.
Note: The Applicant states that Passion Week is a week that lies between April and early
May the date varies based on the Coptic calendar. The only event that will be outside
that week will be Good Friday, which is a working day for the congregation—attendance
Ot� ol,Nlclidian Delml-tillent 1 epolt 111. Sta1`CA:1alysis
Instrument # 2026-001072
01/07/2026 09:31:06 AM Page 20 of 33
is usually very limited and should be able to be accommodated on-site with possibly a
couple of overflow spaces on the street.
4. Directional signs provide notice of the availability of parking.
Signs will need to be provided if this application is approved.
Per UDC 11-3C-7B,the shared use agreement must comply with the following standards: (Staff's
analysis is in italics)
1. All parties involved with the shared use parking area shall submit a written agreement to
the director, signed by the applicable parties involved. The agreement shall specify the
following:
a. Party or parties responsible for construction; and
This is not applicable as the parking lot has already been constructed.
b. Party or parties responsible for maintenance.
The proposed agreement does not include information on who is responsible for
maintenance of the surface of the existing parking area other than that the User is
responsible for keeping the area clean. If approved, the agreement should be
revised to include this information.
2. The applicant or owner shall record such agreement with the Ada County Recorder prior
to issuance of any permits.
If this application is approved, a revised agreement that includes all information
specified herein will need to be recorded.
3. The shared use parking agreement may be terminated by the parties only if off street
parking is provided in conformance with this article and approved by the director prior to
the termination.
The proposed agreement states that the agreement could continue indefinitely or until
either party ends it. Prior to termination of the agreement, the church will provide
street parking in accord with 11-3C-7 to be approved by the City—this should be
amended to specify oIstreet parking.
Note:Parking concerns were raised by Staff during the pre-application and conveyed to the
Applicant. Staff suggested the Applicant work with the abutting property owner to the south
to enter into a shared parking agreement or purchase additional land to enlarge the site. The
Applicant states neither of these options is feasible.
Although the proposed use will comply with the minimum off-street parking standards through
the shared use parking agreement if it or the hours of operation of the church are amended so that
no conflicts exist and if it's approved by the Director, additional parking may be needed for an
occupancy of 160 people,which will overflow off-site along streets within the residential
neighborhood.
If Council determines the proposed MDA is appropriate, Staff recommends most of the existing
DA provisions, as still applicable,be carried over to the new DA along with new provisions as
discussed above and noted below in Section IV.
IV. CITY/AGENCY COMMENTS & CONDITIONS
Staff recommends the Applicant submit and obtain Director approval of Alternative
Compliance applications for an alternative off-street parking plan as set forth in UDC 11-3C-7F
0tv oFNIcHdiair Department Report IV. City Agency Cc>miliclits S: Coll(fiti�lls
Instrument # 2026-001072
01/07/2026 09:31:06 AM Page 21 of 33
in order to comply with the off-street parking standards listed in UDC 11-3C-6; and a reduced
street buffer width along N. Locust Grove Rd.prior to City Council approval of the signed DA.
This will ensure the DA isn't amended for a development plan that isn't approved for
development. If one or both of these applications is denied by the Director, revisions to the site
plan shall be made to comply with the minimum standards for such in UDC 11-3C-6 and/or
UDC Table 11-213-3, as applicable.
Additionally, Staff recommends the Applicant submit an updated shared use parking
agreement and/or hours of operation for the church that don't conflict with the standard
operating hours for both uses,including the Holy holidays (i.e. Feasts),for inclusion in the new
DA.
A. Planning Division
The new DA shall be signed by the property owner and returned to the Planning Division within
six(6)months of the City Council granting the modification. The DA shall, at a minimum,
incorporate the following provisions:
1. Direct lot access to N. Locust Grove Road, an arterial street,is prohibited in accord with
UDC 11-3A-3.
2. Sidewalk shall be installed along N. Locust Grove Road where it doesn't currently exist in
the location and width to match the existing sidewalk in accord with the standards listed in
UDC 11-3A-17 and as required by ACHD. The sidewalk shall go around the existing
irrigation vault to provide continuous pedestrian access.
3. Additional right-of-way shall be dedicated to ACHD to widen N. Bright Angel Ave. and N.
Locust Grove Rd. as required by ACHD. The pavement for N. Bright Angel Ave. shall be
widened and curb, gutter and sidewalk shall be constructed with development of the site as
required by ACHD.
4. All existing open waterways on the site shall be piped as set forth in UDC 11-3A-6B.
5. Future development of this site shall be generally consistent with the conceptual site plan and
building elevations depicted in Section VII.D and the provisions included herein.
6. Compliance with the specific use standards listed in UDC 11-4-3-6—Church or place of
religious worship is required.
7. The site plan submitted with the Certificate of Zoning Compliance application for this site
shall take into consideration the ultimate right-of-way for N. Locust Grove Road per the
Master Street Map in regard to sidewalk, street buffer and building locations.
8. Mitigation is required for any existing trees 4-inch caliper or greater that are removed from
the site in accord with the standards listed in UDC 11-3B-1 OC. Contact the City Arborist
prior to removal of any trees from the site to confirm mitigation requirements.
9. Future development of this site is required to comply with the design standards listed in UDC
11-3A-19 and the Architectural Standards Manual.
10. The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and
Administrative Design Review application prior to submittal of a building permit
application(s).
11. The church shall operate in accord with the hours specified herein in accord with the shared
use parking agreement and shall not extend beyond the hours of 6:00 am to 10:00 pm as set
forth in UDC 11-2B-3B for the L-O zoning district.
0tv of N' el ilia ll Dcpa rtlllctlt lZcp art IV. Otv ,/\L icy Coiiwiczits d: Coiiditioiis
Instrument # 2026-001072
01/07/2026 09:31:06 AM Page 22 of 33
12. Compliance with the shared use agreement for parking included in Section VI.E shall be
required.
13. Directional signs shall be installed on the site as notice of the availability of off-site parking
in accord with UDC 11-3A-7A.Id.
14. City Council granted the Applicant's request for a reduced buffer to residential uses along the
northern boundary of the site from 20 feet to 5 feet as allowed by UDC 11-3B-9C.2. The
reduced buffer width shall not affect building setbacks; all structures shall be set back from
the property line a minimum of the buffer width required in the applicable zoning district.
Other Agency comments may be accessed in the project file in the public record. Copy and paste the
following link into your browser:
https://weblink.meridiancity.org/WebLink/Browse.aspx?id-393924&dbid-0&repo Meridian City
V. ACTION
A. Staff:
Staff recommends approval of the requested Development Agreement Modification that includes
the above provisions in Section IV.
B. City Council:
The Meridian City Council heard these items on July 8,2025. At the public hearing,the Council
moved to approve the subject MDA request contingent upon the Director's approval of the two
21 forthcoming alternative compliance applications, as noted.
1. Summary of the City Council public hearing:
a. In favor: Kerrelos Youseff
b. In opposition: None
C. Commenting: Tom Rawlins, Parkins-Nourse ditchrider
d. Written testimony: None
e. Staff r�esenting�pplication: Sonya Allen
f. Other Staff commenting on application: None
2. Key issue(s) of public testimony:
a. There is only a certain time of the year that the Parkins-Nourse lateral would be able to
pipe i.e. durin the off-irri anon season .
3. Key issue(s) of discussion by City Council:
a. If the purchase of the property to the north goes through it would allow for additional
parking to be.provided for the proposed use but it's not.reguired.
b. In support of the faith community and the proposed church.
4. City Council change(s)to Commission recommendation.
a. Council granted the request for a reduced buffer width to the residential uses to the north
from 20' to 5'.
b. At the request of Staff, Council included a modification to DA provision#11 to restrict
the business hours of operation of the church to the hours between 6:00 and 10:00 pm as
set forth in UDC 11-213-313 for the L-O zoning district.
C. Council approved the MDA request as recomm
ended by Staff contingent upon the
Director's approval of forthcoming alternative compliance applications for a reduced
street buffer along Locust Grove Rd. and an alternative off-street parking plan i.e
shared use parking agreement
Cite ()I'Mcririian i)cf)artment Rcport V. ACTION
Instrument # 2026-001072
01/07/2026 09:31:06 AM Page 23 of 33
VI. EXHIBITS
A. Project Area Maps
(link to Project Overview)
1. Aerial
Legend ,' 2
Project Location
f Area of Impact
OAnalysis _
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Wyyk �t y
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2. Zoning Map
_
Legend ! L-Qk
Project Location ---
;;:Area of Impact
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Instrument # 2026-001072
01/07/2026 09:31:06 AM Page 24 of 33
3. Future Land Use
Legend Low a
Project Location
Density
Area of Impact !
/�'� Residentia
V l +
Analysis
Commercial Ciylc o 1
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4. Planned Development Map
,
Legend
0
Project Location
Area of Impact -
�_" City Limits
— Planned Parcels y s
Analysis
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4 'it:, of Vleridliall 17epartment 1tcport Vl. Exhibits
Instrument # 2026-001072
01/07/2026 09:31:06 AM Page 25 of 33
B. Approved Conceptual Development Plan&Building Elevations Included in Existing
Development Agreement
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City of'Meridian Departnient, Report V1. Exhibits
Instrument # 2026-001072
01/07/2026 09:31:06 AM Page 26 of 33
C. Proposed Conceptual Development Plan (dated: 7/3/2025)—NOT APPROVED &Building Elevations
(dated: 6/28/2025)
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Instrument # 2026-001072
01/07/2026 09:31:06 AM Page 27 of 33
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Instrument # 2026-001072
01/07/2026 09:31:06 AM Page 28 of 33
D. Floor Plan—Main Level and Lower Level (dated: 6/28/2025)
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Instrument # 2026-001072
01/07/2026 09:31:06 AM Page 29 of 33
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Instrument # 2026-001072
01/07/2026 09:31:06 AM Page 30 of 33
E. Shared Parking Agreement-NOT APPROVED
PARKING AGREEMENT
This agreement is made between:
Brighter Beginnings Learning Center ("Owner"), located at 1463 E Star Dr, Meridian, ID 83646,
and Virgin Mary&St. Mark Coptic Orthodox Church, Inc. ("User") which is in process of
acquiring 4379 N Locust Grove Rd Meridian, ID 83646.
User may use up to 15 parking spaces on Owner's property on Saturdays (church's overflow
needs most likely between gam and 1 prn), Sundays and on Holy holidays, when Owner's
parking needs are expected to be less. Additional spaces require approval.
Agreement acknowledges Owner's current regular business hours are 6:30AM -6:00PM
Monday thru Friday but could be expanded to Saturdays in the future.
User will keep the area clean and follow all parking rules. Owner is not responsible for any
damage, theft, loss, or injury. User agrees to hold Owner harmless from any issues arising from
their use of the parking spaces. User accepts full responsibility for its members use and all
members also agree to hold Owner harmless from any issues arising frorn their use.
Shared use parking agreement starts upon church completion, continues indefinitely or until
either party ends it. Prior to a parking agreement termination, the church will provide street
parking, in conformance with 11-3C-7, to be approved by the city of Meridian.
Signed &Agreed:
OWNER: USER:
Brighter Beg�innings Learning Center Virgin Mary&St. Mark Coptic Orthodox Church,
e e
By: 6eej Feltehkqee Inc.c,
Bv
. Fe. kA
Name: Greg Feltenberger By. ;lqA MAce CwfPhA, Pryideht
Title: Owner Name: Fr. Mina Salama
Date: 06/30/25 Title: President
Date: 06/30/25
MAINTENANCE OF THE 15 PARKING SPACES:
Virgin Mary&St. Mark Coptic Orthodox Church, Inc.
,,- Vd-m
,By: Y;06
Name: Nader Rafla
Title: Church Member
Date: 06/30/25
01v ol"Meridian Department Report VL Exhihils
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Instrument # 2026-001072
01/07/2026 09:31:06 AM Page 31 of 33
F. Legal Description &Exhibit Map of Property to be Included in New Development
Agreement
PARCEL DESCRIPTION
FOR
VIRGIN MARY AND ST, MARK COPTIC CHIRCH
A parcel of Land being a portion of Lot 10 of Crestwood Subdivision No, 1 as shown on the
Off iciaL Plat thereof on file In Book 28 of Plats at Page 1757-1758 in the Office of the
Recorder of Ada County, Idaho, tying In the N E 1/4 of Section 31,Township 4 North, Range 1
East, Boise Meridian,Ada County, Idaho, said parcel of(and being more particularly
described as follows:
Commencing a brass cap at the NE corner of Section 31;thence along the East tine of
Section 31,S.00033'02"W 1329.50 feetto a point;thence N.89048'39"W,32.99 feet to a
5/8"iron pin marking the West right-of-way of N. Locust Grove Road, also being the POINT
OF BEG]NNING;
Thence along the north Line of Lot 10 Crestwood Subdivision No 1, N�891148'39"W.208,73
feet to a 5/8"iron pin;
Thence along the East right-of-way for N. Bright Angel Ave., S.001134'39"W, 116.50 feet to a
a point;
Thence S,8911,49'42"E. 208.71 feet to a 518"iron pin;
Thence along the West right-of-way of N. Locust Grove Road, N.001135'06"E. 116.43 feet to
the POI NT OF BEG!N N ING.
Said parcel contains 0.56 acres more or Less and is subject to all existing easements and
right-of-ways of record or implied.
16750 w<
City ol'Meridian I Department Report V1. Exhibits
Instrument # 2026-001072
01/07/2026 09:31:06 AM Page 32 of 33
EXHIBIT 8
DRAWING SHOWING A PORTION LOT 10 OF
CRESTWOOD SUBDINASIGN NO. 1 LYING IN THE NE
1/4 OF SECTION 31, T.4N,, RJE., B.M., ADA
COUNTY, IDAHO, 2023.
f-P&F NO. W09BZ63
30 29
31 32
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15352 391w Han,
14,00,
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WARRANn DEED NO M22-04W4
1 4.0V %40 194.71,
< 1/4 CORNER
CL 167 E SECTION 31
C;l&F NO 2022-019451%
UIDLIINSARY LINE yr
sEnow owc
PROPOUD 9wND"y
— — — — — — — LOT LINE
97.H7 CF WAY DENCAWN
FGMD 51W IRON PIN
FAND ALUMINUM CAP
CALGLN-ATED PNNY-Nat SE7
GRAPHIC SCALE
'120
rl
l a now D �4RON MARY AND ST. MARX COP CHURCH
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City ol'Meridian I Department Report Vt. Exhibits
EXHIBIT C InatmmeoIns7tr$umment all 14
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Trent Tripple Fee: $10.00 TIC
asteele
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SHARED PARKING AGREEMENT
This agreement is made between:
The owner of the building and land - Located at 1463 E Star Dr., Meridian, ID 83646 ("Owner"),
and Virgin Mary & St. Mark Coptic Orthodox Church, Inc. ("User") which is in process of
acquiring 4379 N Locust Grove Rd Meridian, ID 83646.
User may use up to 15 parking spaces on Owner's property on Saturdays and Sundays and on
Holy holidays when Owner does not have regular business hours (6:30AM-6:OOPM Monday
thru Friday). Additional spaces require approval.
This agreement starts upon church completion and continues indefinitely, or until either party
ends it.
User will keep the area clean and follow all parking rules. Owner is not responsible for any
damage, theft, loss, or injury. User agrees to hold Owner harmless from any issues arising from
their use of the parking spaces. User accepts full responsibility for its members use and all
members also agree to hold Owner harmless from any issues arising from their use.
Shared use parking agreement may be terminated by the parties however the church will
provide street parking in conformance with 11-3C-7 prior to the termination to be approved by
the city of Meridian.
Signed &Agreed:
OWNER: USER:
Buil and Lan wner Virgin Mary & St. Mark Coptic Orthodox Church, Inc.
146 E' tar Dr., eri Ja , 1 6 MAINTENANCE OF THE 15 PARKING SPACES:
By: Virgin Mary & St. Mark Co tic Ortho x Church, Inc.
By:
Name: Greg Fe enber er
Title: Owner Name: Dr. Nader Rafla
DaterIt - 2oZ5 Title: Vice President Waage
7 ,�
Date:_. f 7 I-2 0 5 P L,p1�1 ••.
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EXPIRES
1Z-04-2029,��
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