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HomeMy WebLinkAboutWest Side Bible Chapel AZr ~~U~SLUa 1 ry ~ rv ~. ~_ ri:.. .. ... ... ~/.y ~l ~.: i._71 { l •Ys ~ v i v S,1eP /! ~ 95 V AMENDED ORDINANCE NO. 632 /$,~ r ;,. ~. AN AMENDED ORDINANCE OF THE CIT SCRIBED AS APOR~TNNOF HE , SEN 1 / 4 CERTAIN REAL PROPERTY WHICH IS DE OF THE SW 1 / 4 OF SECTION 5 , T . 3 N . , R .1 E . , B . M . - ~AI'SA ~'QU~1TY IDAHO.F_.-_ AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: PARCEL ONE A parcel of land locatedi East of the Boise Ageridian~fAdacCounty, Township 3 North, Range Idaho, being more particularly described as follows: Commencing at the section corner common to Sections 5, 6, 7, and 8 of said Township and Range, which is marked by a brass cap monument; thence South 89 ° 59' 16" Easa c1182 to theesouthwest corner of thelSE common to said sections 5 said oint being the TRUE 1/4 of the SW 1/4 of said section 5, P POINT OF BEGINNING; thence North 00 ° 26' 58" E 4 of 9said Sectiono 5 to a poi t ~ ne of said SE 1/4 of the SW 1/ thence South 89°32'56" East 240.00 feet and parallel with the center line of Fairview Avenue to a point; thence South 00°26'58" West 191.45 feet and parallel with the west line of said SE 1/4 of the SW 1/4 of said Section 5 to a point on the section line common to said Sections 5 and 6; thence North 89°59'16" West 240.01 feet along said common line to the POINT OF BEGINNING. AMENDED ORDINANCE - WESTSIDE BIBLE CHAPEL/HICKS Pag® 1 I above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries .of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Amended Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Amended Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~ ~~ day of c~e~~'e6'z' b'Zf" , 1995. APPROVED: ATTEST WILLIAM G. BERG, JR. .~jttl t~1l 1161111// ~q-G `~ 1 S ~'S / .,r , . ,,~~111 n111 , t~1;1~t~~ AMENDED ORDINANCE - WESTSIDE BIBLE CHAPEL/HICKS Page 4 ~ 1' ~•,~~ „~ ~' H JN Mu~~~~ S h$'£b4. a ~sh'lbl ~n~~gy~~,vD S W~ J ~S~ti ~3 I f ~~ ~, \~ -~ r ~~ l~ i~ i` ~. ., ~ , ~~, TV i M~ u Q~ _- n ~ `,' ~ ~ W Wn Q_ ~Z~[\ W ~~ N t~ J 1 ~ ~ ~ ;; ~, _ , ~ _ __ ~- ~ ~ s 9 P ~ ~ < 1 ~ G J a I = a W 1 ! s 3~ ~ I~ m .~ ,, -. ~, ,, ~~: ~;, ~' / / ///~ / ~" / /~ ,' '~ ., - ~ ~. EA a ~~ 1 , ~ ~ 6LENLOCH 3. ~ '• -~ 13 12 11 9 2 / b 1 ® ~ _ . ' 8 ~ E. IOCMMEA00M CT. ~ ..: '~ o ,~ ~ s T a g to u ~ 9 ,..- ~ ~ ,. -- - - ' ~ - e-1 9 1 t0 111 R Id 18 ~ 21 E A T ~ ~ GREEN MEA00 CT. Id IS K I3 t ~s y s 13 -~ ~s _ ~r~~• 4 S ~ T 12 E KATELYN OR. -s W 4 2 2 X e 11 D I 1 9 10 3 p ~ ~/ U Z - 1 • i3 W t3 C7 ROSE p ~2 ~ 28 S 19 2 19 11 ~ V ~ Z ~ ~a~~ Q ~ ~ T 2 9 ~O 1 28 Z zs 70 ~ ST. zz zs ~1 - •~y ?r 21 ~ ~, 24~ i8 1' 22 Z3 E~ z ~ ~ZZ/q2 I 1 l ~ C z E CHATEAU DR. 3 4 • ~• ti ' ~~ t~ - - >. -: ~+~.•• . . ~ ~ ~~N6 • ~M ~ SAP 1 51992 /=Z~ I@ 21 =vi ~1~ 19 20 = ~ - - - . J b Z ]KCREST ST. ~ ,1 n ~ . z s ~ s 'SS . ~ • s ~ s -._ •- p. ~~•. •-~'~!G~:jxrz~~ +r '~;+: ~ ~ ~. ~ ~, ~. - .~ r,~ ~ ~ III ~~ ~~ ~r~+`.~.~:v~ss>sq::i :~'^~L'^'-~~+.i--6 _ '=+s~r- rse--~- .~. .a i'ac~ ...n "~- =r•+-. T~'~.e i' ?~y~.da~T!A~-~-' ~~ ~.~~- :'"' .v-.:'1~i~'K^~:r-~','~~t'2'::}-w-„~-~M~~~e-!^' :~s~• •~ay,••Yj•~ - - -...avi-, '!t .!'3-a'.i~':,~sT.°r • .J-~7+~~^+'1• .. A„G~~..=~ ~~'~L'y.~s':i. :x -. - ~.~. - + _ _. . HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA MAX YERRINGTON ~ S CITY OF MERIDIAN ROBERT D. CORRIE GARY D. SM T H , P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Warta water rope. 33 EAST IDAHO WAYNE S. FORREY, AICP KENNY W. BOWERS, Fire Chief " MERIDIAN, IDAHO 83642 Planner & Zoning Administrator GORDON, Police Chief W.L "BILL JIM JOHNSON WAYNE G. GROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Chairman - Planning fl Zoning Public WorksBuiltiing Department (208) 887-2211 GRANT P. KINGSFORD Mayor January 20, 1994 Mr. James L. Boyd 877 W. Main Street, Suite 610 P.O. Box 7387 Boise, ID 83707-1387 Dear Mr. Boyd, On January 18, 1994 the Meridian City Council approved preparation of an ordinance authorizing annexation, zoning and Conditional Use Permit for the Westside Bible Chapel/Dennis Hicks application. This project involves the westerly 203 feet for the Westside Bible Chapel with the front 125 feet being zoned C-C and the remainder zoned C-G. The Conditional Use Permit allows Westside Bible Chapel to occupy the front portion of the Shoshoni Building for a Church. The easterly 506.69 feet will be purchased by Mr. Hicks and zoned C-G. Please feel free to close your real estate transaction for this property. The final ordinance will be processed at the February 1, 1994 City Council meeting. If you have any questions, please call me at 888-4433. Keep up your good work! Respectfully, City of Meridian VV ~ . Wayne S . Forney, AICP Planning Director/ Zoning Administrator ~~~ 9'Zlfl) ,ft~'ZICI 3,8ti,Lt 00N ~ v1i ~~~"Jt.. o I a~ hU ~W ~~ 01~ ~~ O 2~ ~~ O ~ N O S~y ~ h O ~ ~W n ~ ,05 s o ,LZ'8£S ~ ~W I i M.8£,PLOOS N ~ I ~W a M rn 0 n n rn 2 N 2 0 v h w ^~ i _ ~/ .3` ~ry A~ 2y a~ .s GJ~ N N O aMm ~~ N ,lS'LSL 1 '~ ~a 2 41 V ' i O v 3.t. ~' (w tp \ st fn ~ W ~~ . 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Y ~ I PACIFIC 960 Broadway Avenue Suite 312 Boise, Idaho 83706 PARCEL B PROPERTY DESCRIPTION DECEMBER 7, 1993 ~l A parcel of land located in the SE 1/4 of the SW 1/4 of Section 5, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the section corner common to Sections 5, 6, 7, and 8 of said Township and Range, which is marked by a brass cap monument; thence South 89°59'16" East 1336.31 feet along the section line common to said sections S and 8 to a point being 10.00 feet east of the southwest corner of the SE 1/4 of the SW 1/4 of said section 5; thence North 00°26'58" East 68.21 feet and parallel with the west line of said SE 1/4 of the SW 1/4 of said section 5; thence South 89°32'56" East 230.00 feet and parallel with the centerline of Fairview Avenue to the TRUE POINT OF BEGINNING, said point being 57.00 feet distant from. (when measured at right angles to) the center line of Fairview Avenue; thence North 00°2b'S8" East 619.56 feet and pazallel with the west line of the SE 1/4 of the SW 1/4 of said section 5 to a point; thence South 59°53'42" East 582.68 feet to a found 5/8" iron pin; thence South 00°23'38" West 331.27 feet to a point being 57.00 feet distant from (when measured at right angles to) the center line of Fairview Avenue; thence North 89°32'56" West 506.68 feet and parallel with the center line of Fairview Avenue to the POINT OF BEGINNING. Said parcel of land containing 240,786 square feet or 5.53 acres more or less. (208) 342-5400 Fax (208) 342-5353 Planning • Engineering • Surveying • Landscape Architecture • Environmental Services PACIFIC 960 Broadway Avenue Suite 312 Boise, Idaho 83706 PARCEL A PROPERTY DESCRIPTION DECEMBER 7, 1993 VJ~~ ~ l e I~ i ~,-~c A parcel of land located in the SE 1/4 of the SW 1/4 of Section 5, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the section corner common to Sections S, 6, 7, and 8 of said Township and Range, which is marked by a brass cap monument; thence South 89°59'16" East 1336.31 feet along the section line common to said sections 5 and 8 to a point being 10.00 feet east of the southwest corner of the SE 1/4 of the SW 1/4 of said section 5; thence North 00°26'58" East 68.21 feet and parallel with the west line of said SE 1/4 of the SW 1/4 of said section 5 to the TRUE POINT OF BEGINNING, said point being 57.00 feet distant from (when measured at right angles to) the center line of Fairview Avenue; thence North 00°26'58" East 750.51 feet and parallel with the west line of the SE 1/4 of the SW 1/4 of said section 5 to a point; thence South 59°53'42" East 264.67 feet to a point; thence South 00°26'58" West 619.56 feet to a point being 57.00 feet distant from (when measured at right angles to) the center line of Fairview Avenue; thence North 89°32'56" West 230.00 feet and parallel with the center line of Fairview Avenue to the POINT OF BEGINNING. Said parcel of land containing 157,558 square feet or 3.62 acres more or less. (208) 342-5400 Fax (208) 342-5353 Planning • Engineering • Surveying • Landscape Architecture • Environmental Services PACIFIC 960 Broadway Avenue Suite 312 Boise, Idaho 83706 ROAD DEDICATION PARCEL PROPERTY DESCRIPTION DECEMBER 7, 1993 ir- '-~~ ~~ Y \~~` W .~ ~>>.irv~pw ' A parcel of land located in the SE 1/4 of the SW 1/4 of Section 5, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the section corner common to Sections 5, 6, 7, and 8 of said Township and Range, which is mazked by a brass cap monument; thence South 89°59'16" East 1336.31 feet along the section line common to said sections 5 and 8 to a point being 10.00 feet east of the southwest corner of the SE 1/4 of the SW 1/4 of said section 5; thence North 00°26'58" East 61.21 feet and parallel with the west line of said SE 1/4 of the SW 1/4 of said section 5 to the TRITE POINT OF BEGINNING, said point being 50.00 feet distant from (when measured at right angles to) the center line of Fairview Avenue; thence North 00°26'58" East 7.00 feet and parallel with the west line of the SE 1/4 of the SW 1/4 of said section 5 to a point; thence South 89°32'56" East 736.68 feet and parallel with the center line of Fairview Avenue to a point; thence South 00°23'38" West 7.00 feet to a point being 50.00 feet distant from (when measured at right angles to) the center line of Fairview Avenue; thence North 89°32'56" West 736.69 feet and parallel with the center line of Fairview Avenue to the POINT OF BEGINNING. Said parcel of land containing 5156.80 square feet or 0.12 acres more or less. (208) 342-5400 Fax (208) 342-5353 Planning • Engineering • Surveying • Landscape Architecture • Environmental Services c r o _ i J ry ry mag ~ N U p. O M - U: \ v ~a ~~ ~ ~ ~ ~ ~ m ~ ~ a ~ o, ~ 00 ._ - ~h ~ J `~ M ~ ~, o ~ ; 0 m ~~-.,i~ a r~ . 9 J n Lz~~~~ -o ~ ~ L O N . ^ R ~ .v c°i ~ ~ r~ N v Q lJ •'~ ~ / • ~S'~5L z~ ~• }`y ~ 1 ~1r t i .~ .~ u s ,~ :~ ~ c ry ,t G o ~ N~ ~0'SZI 0 _a .. RI O ~ f ~ O ~. , d ~ MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 13 Kingsford: Thank you we appreciate that. Bowcutt: The applicant and myself did talk to Mr. Huber concerning their proposed development just north of us. The applicant has indicated that he would be willing to contribute a portion to basically bring that road up to public road standards if they would be willing to dedicate additional right of way there. The problem we have, we do have a 60' easement but the 22' of pavement is clear over on the north side and James Court Apartments currently has parking, landscaping on the other 38'. We don't have room on basically our current existing easement to make any expansion of that. If the property to the north were to agree to dedicate and of course James Court would agree to dedicate that existing 22' of pavement possibly we could work something out. Kingsford: Is that 22' of pavement and then the sidewalk is also in that easement? Bowcutt : Yes. Kingsford: So we'd be talking about a very adequate street section if we got an equal amount on the other side with sidewalk and pavement. Bowcutt: Right. The way the easement is right now is the pavement comes right up to the edge and then goes over 22' and then you have your curb, gutter, sidewalk and this is parking t shown on map) . Kingsford: Thank you. I will now close the public hearing. The Motion was made by Giesler and seconded by Yerrington to table this request and get a meeting set up with the affected three parties and review that prior to next meeting. Motion Carried: All Yea: ITEM #7: PUBLIC HEARING: ANNEXATION & ZONING REQUEST, WEST SIDE BIBLE CHURCH AND DENNIS HICKS: Kingsford: I will now open the Public Hearing and invite the owner or his designee to speak first. A ~~i ~Y `. MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 14 Jim Boyd, 9272 Shalan, Boise, was sworn by the attorney. Boyd: I'm representing West Side Bible Chapel and Dennis Hicks on this request for annexation and zoning and on the part of West Side Bible Church a conditional use. The property that we're speaking about is east of Meridian on Fairview Ave., known as the Shoshoni Building. It contains approximately 9.4 acres. West Side Bible Chapel will purchase the westerly 230' of the 9.4 acres and Mr. Hicks will purchase the balance of the property which would be approximately the easterly 516.7 feet of the property. The westerly portion that West Side Bible Chapel is going to purchase has an existing building on it. It's a 23,850 sq. ft. structure. West Side Bible Chapel will occupy the front portion of that existing building which will have approximately 6400 square feet that they will occupy. The balance of the building will continue to be occupied by the same tenants that are currently there and the same type of uses that have currently existed over the last few years. In order to fit the current uses that are in that warehouse, we request the zoning as a CG zone for the property with the exception of the front 125 feet which the church will occupy we're requesting a CC zone under conditional use. What I'm requesting this evening is that the Council approve the rezone, the annexation and the conditional use conditioned up the amendment to the Comprehensive Plan. Kingsford: That is to give some confidence to the Church as potential buyers to go ahead with that, is that true? Boyd: Yes. Kingsford: Anyone else to testify? Dan Wood, 2119 E. Chateau, was sworn by the attorney. Wood: How many members are in the church? Boyd: 50 to 75 people. Wood: With the portion that you own, how far over does it go to the west of the Shoshoni building? Boyd: The Shoshoni building is built pretty close to the westerly property line. There's about 45 - 50 feet from the west of the building to the westerly property line. T,,,,.,~~~_~_._ _~____ _-__--- ~ -.___- _ ~ _ ~ .. MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 15 Wood: Are there any plans to improve the lot? Boyd: Yes we intend to pave & landscape. Wood: Will the dance studio still be there and are there plans to improve from the studio out to Dixie Lane? Boyd: There's another development being approved to the north which will allow us to be contiguous for annexation. Wood: I would encourage not only your membership to maybe landscape it in such a way so it encourages them to go across the parking lot in front of the church. Will they exit that way or will they continue to encourage them to use Dixie Lane. Boyd: There's currently an ingress/egress there on Dixie Lane so I'm assuming unless there's some restriction that on that side of the building they would ingress/egress on that west side. Kingsford: State your objections. Wood: My concern was where they are asking for a commercial zoning eventually is what we're getting down to for a portion of that building, it's definitely going to have more traffic for that entrance coming in off Dixie Lane. So why not encourage them to either improve that a little bit better or encourage the people to go back across the front of the church and go out the other exit. Kingsford: Thank you. Anyone else to testify? No response. I will close the public hearing. The Motion was made by Giesler and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law on the annexation and zoning request for the West Side Bible Church with conditional use permit then conditioned upon the amendment to the Comprehensive Plan. Roll Call Votea Yerrington - Yea; Giesler - Yea; Corrie - Yea; Tolsma - Yea: Motion Carried: All Yea: ITEM #8: PUBLIC HEARING: CHERI MEADOWS SUBDIVISION: ANNEXATION & ZONING BY DAVE LEADER: .~ ~ry A~ ~h a~ o rn~ O V aW ~' ~\ ~~ O ~~ ti:gl ti.~r ~~, ~- 7 ~~ 0 N ~S~ M ~ OZ aW N _. _ - r 2.LZ'BE'E' 0 2 M,8£,£ZOOS n O h ro Z ~ ~^~ z / al`A rn t •~ h .~ ,OS .W I w M o~ i o ~~ ''_ `0' I ~ 3~. ~ vt~, ` W ~ i{~ U y ~~ f L~ N O d OII M' 0 n O 2 Z ~ •~ y ~I r = w m v ayi m ~ 3 y ~ ~ ~ a O ~ a~~o ~ ~ ~ ~ ~ ~ ~ Q ~ 3 z s ~ g ~I ~ y Ol 2< ,8S'9Z9 M.BS,_ 00 ~ ~i 8j ~~ "oo o ~ p \ ~\ ~ \ \~ ,LB'04 .~y I a ~ a \ ti~\y \ _ ~~ m a F 64 `~I ° I ,.Q,. M 8S.8LOOS ~ I '£9L .8Z'!9 ~ ~ ~ • ~ oo a. ~' V1 (~ ,!S'LSL 0 n `g rn Z N 2 (,tiS'9!£! M„Bti,91.005) ,>sS'9!£! M,8S,9Z.OOS b n I \ ~ ~ ~ ~ , ~~ O z ~ e ~ Q~ r 3M ~ ~N i ~^ ~W ~~ ~~ a~ "~^ C3~ ~ z hN' a~ ,OS v'~ 3a. tiff 7rn~ nrnrr~ac 'n ~ .°p Meridian City Council January 4, 1994 Page 19 Kingsford: My recommendation it would be together, you guys set up a time then that we can jointly meet and publish that than. Anything else Counselor. Crookston: No, nothing Kingsford: Mr. Morrow, good to see our friend here and family. Kingsford: Max Yerrington: Nothing, I hate to se Bob leave, Chief watch out. Kingsford: Got to get up early in the mornings, Max is only moderately wrong times , you might want to think about some overload springs on the cars they might need them. Crookston: Mr. Mayor, I did forget one thing that Mr. Forrey kindly reminded me of. The Council took action back in April regarding the west side Bible Chapel, they had requested annexation and zoning, the Council basically told them we are going to annex you but you are going to have to do something with the zoning. The Council action was to bas~.cally table their request until the Comprehensive Plan amendments were completed. They are now completed, the question I have is whether or not you want to give me some direction in regards to an Ordinance for their annexation and zoning. Kingsford: I think it would be appropriate that Mr. Forrey re- visit them and make sure that,~how it fits with our Comprehensive Plan as adopted and then get you guys that loop and move along with it. Crookston: Thank You Kingsford: Bob Corrie: Nothing Kingsford: Ron Tolsma: Nothing Kingsford: Wilbert Berg: Nothing Ohm ~ - l ~ - ~ ¢. ~2Z~ /~-t. lc~.~- ~~ ~~D 9 Kingsford: Entertain a motion ~9l~`-~ Meridian City Council January 4, 1994 Page 19 Kingsford: My recommendation it would be together, you guys set up a time then that we can jointly meet and publish that than. Anything else Counselor. Crookston: No, nothing Kingsford: Mr. Morrow, good to see our friend here and family. Kingsford: Max Yerrington: Nothing, I hate to se Bob leave, Chief watch out. Kingsford: Got to get up early in the mornings, Max is only moderately wrong times, you might want to think about some overload springs on the cars they might need them. Crookston: Mr. Mayor, I did forget one thing that Mr. Forrey kindly reminded me of. The Council took action back in .April regarding the west side Bible Chapel, they had requested annexation and zoning, the Council basically told them we are going to annex you but you are going to have to do something with the zoning. The Council action was to bas~.cally table their request until the Comprehensive Plan amendments were completed. They are now completed, the question I have is whether or not you want to give me some direction in regards to an Ordinance for their annexation and zoning. Kingsford: I think it would be appropriate that Mr. Forrey re- visit them and make sure that, how it fits with our Comprehensive Plan as adopted and then get you guys that loop and move along with it. Crookston: Thank You Kingsford: Bob Corrie: Nothing Kingsford: Ron Tolsma: Nothing Kingsford: Wilbert Berg: Nothing Kingsford: Entertain a motion yey S ",. 1 .." T _ 9 ... S - .. -'.~ ~ ~ :t rz~ :T~~ - _~ p '1a-a ,i ~ ys , -_ 3- .l ~ t - s R .r!' _ '~ - .4"~ ~.~_ 'A -.~ :rY43P _ iax ~ / -~/y }~ {/~~ - {g - ... - _ y - -:1 ~ I~ _ _ - .v: ,. ~. ~~~IIIII~R~~ r: j~^ ' ~ ~~ _ ~,n* ?` , ~ _ 'fi'r ~~< :~ z . . ~ ~ ~ ~ : . F .. n,e ._. ~. - ~ ,- _ _ ~F ~y.. t ~ ~~,. I{~ J 7' ~ ~ ~~ ~^ ~ M _- ~~ ., ~ } ,R~ ` _ Ate' ~T ,_. _ ...;~. ~ _ Y : -~?~ sa _ :r l a.kl~ - ~ t.=..'' . % ' 44° k ~ {~~ ~ ~ ~~ ~ ~ ~ ., . ti ~ i . _ c ... _ , .n' .. 4 b- A ~i- _ . 6'J~` ~vfi-, ti~~f. f _~ ~ rt', s1. "JE ~ V 3F~ ~ ~ -~ . - .. -.. -. e - _ o ~ , ;. : . _ ~' _ _ _ . . .. r _ ~ ~' ~ ~ `..-~ ~' ~.,, ~ ee .IT _ t -~._ f _ _ i. .:: .~ ~_ .i ~F ~~ C ~ T . .. ~ ~. ~F br ~`n S i r ,r h } ~.._~.~ _ a[~a S~_ ~tY ~ 5.. tip' _ ~I' e .T;,. w ~ i`a != v+~_ 7 3 .i5 { L.'!.~ _'~T. fi.. C~ .h,y - 4~ky ~. ., ~. "42' . - .. .. .. - + _ -., ,. .~ , . ~ ~' ~ '_ ;. .. o- . .. ~. .. r > . p' ~- ~ fi~ .. ~ _ 'i _ _ w~~ ~ ~ - - ~ .4, ~ It .: ~r R i .. _ ' ~ , ,_, Jt~ ~° ~ _ ,h _ ~. _, ~ ,. - ~ i. ,, ~ sue" - _ .. _ ~ `t' • Y ..tvf Y 3'' ~- .~ . - _ ~ . ~ ~ ~G i , ,. a.Y.. _ .~.. r.. "Lalra l.c ~.... ..e~~S' MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 13 Kingsford: Thank you we appreciate that. Bowcutt: The applicant and myself did talk to Mr. Huber concerning their proposed development just north of" us. The applicant has indicated that he would be willing to contribute a portion to basically bring that road up to public road standards if they would be willing to dedicate additional right of way there. The problem we have, we do have a 60' easement but the 22' of pavement is clear over on the north side and James Court Apartments currently has parking, landscaping on the other 38'. We don't have room on basically our current existing easement to make any expansion of that. If the property to the north were to agree to dedicate and of course James Court would agree to dedicate that existing 22' of pavement possibly we could work something out. Kingsford: Is that 22' of pavement and then the sidewalk is also in that easement? Bowcutt : Yes. Kingsford: So we'd be talking about a very adequate street section if we got an equal amount on the other side with sidewalk and pavement. Bowcutt: Right. The way the easement is right now is the pavement comes right up to the edge and then goes over 22' and then you have your curb, gutter, sidewalk and this is parking (shown on map). Kingsford: Thank you. I will now close the public hearing. The Motion was made by Giesler and seconded by Yerrington to table this request and get a meeting set up with the affected three parties and review that prior to next meeting. Motion Carried: All Yea: ITEM #7: PUBLIC HEARING: ANNEXATION & ZONING REQUEST, WEST SIDE BIBLE CHURCH AND DENNIS HICKS: Kingsford: I will now open the Public Hearing and invite the owner or his designee to speak first. MERIDIAN CITY COUNCIL MARCH 16, 1993 PAGE 14 Jim Boyd, 9272 Shalan, Boise, was sworn by the attorney. Boyd: I'm representing West Side Bible Chapel and Dennis Hicks on this request for annexation and zoning and on the part of West Side Bible Church a conditional use. The property that we're speaking about is east of Meridian on Fairview Ave., known as the Shoshoni Building. It contains approximately 9.4 acres. West Side Hible Chapel will purchase the westerly 230' of the 9.4 acres and Mr. Hicks will purchase the balance of the property which would be approximately the easterly 516.7 feet of the property. The westerly portion that West Side Bible Chapel is going to purchase has an existing building on it. It's a 23,850 sq. ft. structure. West Side Bible Chapel will occupy the front portion of that existing building which will have approximately 6400 square feet that they will occupy. The balance of the building will continue to be occupied by the same tenants that are currently there and the same type of uses that have currently existed over the last few years. In order to fit the current uses that are in that warehouse, we request the zoning as a CG zone for the property with the exception of the front 125 feet which the church will occupy we're requesting a CC zone under conditional use. What I'm requesting this evening is that the Council approve the rezone, the annexation and the conditional use conditioned up the amendment to the Comprehensive Plan. Kingsford: That is to give some confidence to the Church as potential buyers to go ahead with that, is that true? Boyd: Yes. Kingsford: Anyone else to testify? Dan Wood, 2119 E. Chateau, was sworn by the attorney. Wood: How many members are in the church? Boyd: 50 to 75 people. Wood: With the portion that you own, how far over does it go to the west of the Shoshoni building? Boyd: The Shoshoni building is built pretty close to the westerly property line. There's about 45 - 50 feet from the west of the building to the westerly property line. _ • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION WESTSIDE BIBLE CHAPEL and DENNIS HICKS ANNEXATION AND ZONING AND CONDITIONAL USE A PORTION OF THE SE 1/4 OF THE SW 14 OF SECTION 5, T.3 N., R.1 E., B.M. MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on January 12, 1992, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the Applicant appearing through Jim Boyd and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 12, 1992, the first publication of which was fifteen {15) days prior to said hearing; that the matter was duly considered at the January 12, 1992, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning and conditional use is described in the FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 1 • application, and by this reference is incorporated herein; that the property is approximately 9.4 acres in size; it is north of Fairview Avenue, East of Locust Grove Road, and is adjacent to Dixie Lane, a private road. 3. That the property is presently zoned by the county as R- T (Rural Transition); that the Applicant requests that the southerly 125 feet• of the westerly 230 feet of the property be zoned Community Commercial (CC) and the balance of the property zoned General retail and Service Commercial. 4. The general area surrounding the property is used agriculturally and residentially; that recently property to the east of the subject property was annexed and zoned and is planned for a planned unit development, but the subject property is not adjacent to this property; the owners of the property to the north and east of the subject property, David Leader and Jerry P. Rodman, have applied for annexation and that application was also heard by the Commission on January 12, 1993; that if the Leader/Rodman parcel is not annexed the subject parcel will not be contiguous to the city limits of Meridian. 5. That the property is only adjacent and abutting to the present City limits if the I,e~er/Rodman parcel is annexed. 6. The Applicants, d '~ an and Dennis Hicks, are not the titled owners of the subject parcel; that the parcel is owned by the Turner Family Partnership and it has consented to the application for annexation and zoning. 7. That the property included in the annexation and zoning FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 2 ! • application is within the Area of Impact of the City of Meridian. 8. That the parcel of ground requested to be annexed is included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan; that the property is in or near the area designated in the Meridian Comprehensive Plan, Policy Diagram, as the NORTH CURVE, a.Neighborhood; that it may be in the Residential Reserve Area that is next to the North Curve Neighborhood on the east; that it is difficult to tell where the NORTH CURVE Neighborhood ends and the Rural Residential Reserve, adjacent thereto, begins, as shown on the Meridian Policy Diagram on page 7 of the Comprehensive Plan; that Neighborhood is defined in the Comprehensive Plan as follows: "The neighborhood is a residential area -with uniform characteristics of a size comparable to that usually served by an elementary school or a small business convenience center or a local park. Although neighborhoods occur in various shapes and sizes, a section of the city measuring one-half or one-and-one-half miles across is usually used for planning purposes. It has facilities within easy walking distances and provides the basis for community identification."; that the property is either in the North Curve Neighborhood or it is in the Residential Reserve Area adjacent to the east. 9. ~ That the Policy Diagram is addressed at page 6 of the Comprehensive Plan; that it states in part as follows: "The Policy Diagram is to be used as a general guide for land use decision-making----not as a legalistic, literal and definitive map. As applications and proposals of land uses are submitted, the Policy Diagram is not intended to be used as the sole, authoritative means for decision-making. Rather, it is but one of the many tools which are available for public officials as they exercise their responsibility regarding the health, safety and welfare of the general public." FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 3 10. The property has an existing 23,850 square foot building located thereon; that the tenants in the building are retail/commercial uses except for the New Hope Christian Church; the proposed uses of the building will be the same continued uses except that the Westside Bible Chapel will use the southerly portion of the building which has been requested to be zoned Community Commercial with a conditional use permit for the operation of the church; that the present uses are either conforming uses allowed as grandfathered uses to the•Ada County Zoning Ordinance. 11. There was no oral testimony from persons other than the Applicant at the hearing but there was a letter received from Harry Jensen that stated that he had no objection to the annexation but felt that the sewer needed to be extended. 12. That in the Rural Area section of the Comprehensive Plan it does state that land in agricultural activity should so remain in agricultural activity until it is no longer economical to exclude orderly growth and development to maintain agricultural pursuits. 13., That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed. 14. That the property can be physically serviced with City water and sewer. 15. Ada County Hichway District, the Meridian Fire Department, .Central District Health Department, City Zoning FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 4 ~ ~ Administrator, and Meridian City Engineer submitted comments and such shall be incorporated herein as if set forth in full. 16. That the Community Business District is defined as follows: "(C-C1 Community Business District: The purpose of the (C-C) District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate-off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian." 17. That the General Retail and Service Commercial District is defined as follows: "The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel- related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development." 18. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 5 . .. ~ ~ property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning use application under Idaho Code, Section 50- 222, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation would be contiguous to the present City limits of the City of Meridian if (Z ~ a ~~ the annexation of Leader/~ks property is approved and the property, would then be contiguous and annexation would not be a shoestring annexation. 7. That the annexation application fias been initiated by the Applicant, with the consent of the owner of the property, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 6 • • upon the annexation of land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and the Meridian Comprehensive Plan; that since the property is included in either the NORTH CURVE Neighborhood or the Residential Reserve Area adjacent thereto on the east, the annexation thereof would be in compliance with the Comprehensive Plan but the requested zoning would and the conditional use would not be; that a comprehensive plan change would be necessary to allow the use of the`property in a community commercial or general retail and service commercial fashion. 10. That the uses in the building on the property may be allowed to continue under 11-2-406 E. but if they did not continue to meet the requirements of that section or they were discontinued or abandoned after a year those uses could not be re-instituted; that it is also concluded that because the present uses would be "grandfathered" to be lawful non-conforming uses, they could not be transferred or conveyed. 11. It is concluded that property must be zoned when it is annexed; ,that since the requested zoning would not be in compliance with Meridian Comprehensive Plan, that the application should be denied or tabled until a Comprehensive Plan amendment, is pursued by the Applicant which would allow the requested zoning; the amendment would have to approved by the Meridian City Council. 12. That if the property is ultimately annexed all ditches, canals, and waterways would have to be tiled as a condition of FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 7 annexation and if not so tiled the property shall be subject to de- annexation. 13. That if the property is ultimately annexed and zoned the requirements of the irrigation district, Ada County Highway District, and City Engineer would have to be met. 14. If a Comprehensive Plan amendment is pursued and adopted, and with compliance of the conditions contained herein, the annexation and zoning would be in the best interest of the City of Meridian. 15. Therefore, based on the Application, the testimony and evidence, the Meridian Comprehensive Plan, the above Findings of Fact and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be either denied or tabled to allow the Applicant to pursue a Comprehensive Plan amendment to allow the desired zoning. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) FINDINGS OF FACT & CONCLUSIONS OF LAW VOTED VOTED VOTED VOTED VOTED Page - 8 ~. DECISION AND RECONIIKENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they deny or table the application until a Comprehensive Plan amendment is approved which would allow the zoning requested by the applicant. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 9 r ~ C O M M E N T S AI~IlVEXATION & ZONING REQUEST W/CUP FOR CHURCH WESTSIDE BIBLE CHURCH 1: Ada County Highway Dist: See Sttached Findings: 2: Central District Health: Can approve with central water & sewer: 3: City Engineer: S ee attached con4nents: 4: Fire Dept: Fire Dept does not have problem with change of the building: Fire hydrants will need to be installed: 5: Police Dept: No Objections: 6: Zoning Adminstrator: This application could reC3Llire a change to the Co~rehensive Plan before it is approved. 7; PUBLIC HEARING HELD BEFORE THE PLANNI NCB & ZQNI'NG CQMMISS~~'ON ON ~9gNUARY~ 12;~~ 1 g93 ATTORNEY TO PREPARE pINDINGS; ' 8: AT PLANNING & ZONING MEETING H ELD 'FEBRUARY 9", 7 5~3 p1,ANNING & ZONING COMM~S•SION APPROVE THE FINDINGS AND RECOMMENDED THAT THE CITY COUNCIL HEREBY DENY~OR TABLE THIS APPLICATION UNTIL qN AMENDMENT TO THE COMP,REFIENS•I~VE IS APPRgVED WHICH:` WpULD ALLOW THE ZONING REQUESTED BY THE APpLICATI~ON, [COPY OF FINDINGS ATTACHEDa) n U v INTER-DEPARTMENT CORRESPONDENCE CHARLES L. WINDER, President MERANXDF/DSTECH JAMES E. BRUCE. Vice President a-s-s2 GLENN J. RHODES, Secretary TO: ACHD Commission DATE: January 4, 1993 FROM: Development Services SUBJECT: MERIDIAN -ANNEXATION Dixie & Fairview CG & CC (Dennis Hicks and Westside Bible Chapel % James L. Boyd, The Winder Company, P.O. Box 7387, Boise, ID 83707-1387) FACTS & FINDINGS: 1. Westside Bible Chapel is requesting annexation of 9.4 acres of property into the City of Meridian with a zoning request of general retail and service commercial (CG) for all of the property except the southerly 125-feet of the westerly 230-feet which will be community business dis- trict (CC) . 2. Fairview Avenue currently has 100-feet of right-of-way and is improved with 70-feet of pavement. The 2000 . Urban Street Functional Street Classification Map designates Fairview as a principal arterial roadway, which generally requires a minimum of 114-feet of right-of-way, 5 traffic lanes (65-foot street section) and 5-foot sidewalks . The ultimate right-of-way shouid be acquired when a specific development plan is submitted to minimize acquisition and construction costs in the future. 3. ACHD 1990 traffic counts show the two-way average daily traffic (ADT} on Fairview to be 19,469. The ACHD Capital Improvement Plan shows Fairview as currently operat- ing at Level of Service (LOS) A/B and is projected to operate at LOS A / B in 2000. It is not approved for use of Road Impact Fee funds to in- crease its capacity; therefore, Road Impact Fee offsets may not be given for construction of the full roadway section by the developer, but may be given for right-of-way dedication in addition to what exists now. 4. Dixie Lane is a private street that is improved with gravel. It serves as access to a residence to the north of subject parcel. ada county highway district 318 East 37th ~ Boise, Idaho 83714 • Phone (208) 345-7680 biERIDIAN ANNEXA~ .J Dixie & Fairview CG &• January 4, 1993 Page 2 5. This application is scheduled for public hearing by the Meridian Plan- ning & Zoning Commission on January 12, 1993. If the annexation is approved and development proceeds, the District will provide the following recommendations to Meridian Planning & Zoning as con- ditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 57-feet of right-of-way from the centerline of Fairview abut- ting parcel (7 additional feet) . 2. The District will review any development of subject parcel when a spe- cific site plan is submitted . Access to Fairview will be tightly con- trolled . STANDARD REQUIREMENTS 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies. 2. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 3. Provide written approval from the appropriate irrigation/drainage dis- trict authorizing storm runoff into their system. 4. Locate obstructions (utility facilities, irrigation and drainage appur- tenances, etc.) outside of the proposed street improvements. Authoriza- tion for relocations shall be obtained from the appropriate entity. 5. Continue existing irrigation and drainage systems across parcel. 6. Submit three sets of street construction plans to the District for review and appropriate action. 7. Submit site drainage plans and calculations for review and appropriate action by ACHD . The proposed drainage system shall retain all storm water on-site. 8. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 9. Locate driveway curb cuts a minimum of 5-feet from the side lot proper- ty lines when the driveways are not being shared with the adjacent property. bIERIDIAN ANNEXA~ N Dixie & Fairview January 4, 1993 Page 3 CG ~ ; 10. A right-of-way permit must be obtained from ACRD for all street and utility construction within the public right-of-way. Contact Construc- tion Services at 345-?66? (with zoning file number) for details. 11. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. STAFF SUBMITTING DATE OF COMMISSION APPROVAL: Larry Sale JAN 0 G 1993 1 I O~Oi ~ 71011 710i~ .. .._ .~~ I ~I . _~ • I I 1 V= I r.c_ .. r•~ L 71tt1NM M ~. ~.~ • n I ~ ~• 71. 71 •. • 4 • t A ~ ! _ 0 ~ ~ ' ~~- a i ~ ~ •~- 6• ~~ s ~ Y y ~ y ~~ Y ~ ~ _ • ~.~ ~ ~ ' 0 ~ ~ 'li 31110 'M w V Y~OyOw•7 N ~. '1J i ~e~~~-~_ O I 1 r e y ~~ ..~__ v 1.1111~~~ vl l I .. ..~~ -1 O s~ ~~ "t'S ~1 '' ~ L • HUB OF TREASURE VALLEY • OFFICIALS JACK NIEMANN, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chlef BILL GORDON, Police Chiet GARY SMITH, City Engineer MEMORANDUM CITY OF MERIDIAN 33 EAST IDAHO A Good Place to Live MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning 8 Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI January A, 1993 TO: MAYOR, CITY COUNCIL, PLANNING & ZONING FROM : GARY D. SMITH, P. E. RE: WESTSIDE HIBLE CHAPEL & DENNIS HICKS (Annexation, Zcn~~a..g~~~`°oiEa.C~i~t:ional Use) i.. .~~ ~ ~ ~ ,, r«y t~ (~ ,~ 4~ .. ,z~r ~`. I have reviewed tha~s submittal and have the followin for your process: 1. 2. i n f ormat~3.'on k comments hearing 9 and consideration during the ~~ ~~~, ~~ ~~ ~nr5 ;:proper~!t~y` ~,s ~ ad~ace~t; and c.orrtiguous to the Rodman%Le~ad~e~r Propert~.y which is 'adjacent to existing City limit bound,~ry;~~ ~' ~e R`adman/Leader property is also being cons'~#f2red at ~~ this hearing for annexation and zoning. The annexation description should include the ad 'acen~t ~' J purti~~;r~: - o°F~a~,re°v i e w Aw e n u e northerly o f t_he section line. ~,;~ . s A 10" diam.eter?~:water line: exists along the north side of Fairview.~'Aver-ue, ~adjac~nf, ~o this property. s.~ ... .a..,~.~,N„._.~.,~. 3. Preliminary discussion with Rodman/Leader engineer indicates a sanitary sewer line will be extended from the Idaho Athletic Club to Dixie Lane and north on Dixie Lane to a point of entry to the Rodman/Leader property. 4. With water available and sewer soon to be constructed, this 9.4 acres can be connected to sanitary sewer and domestic water. The connection of the Shoshoni Building will be required by City Ordinance when the service is within 300 feet of the property. 5. Parking for the church is required in accordance with Ordinance requirements at one space for each five seats. Parking for the other building uses shall be provided as required by City Ordinance. Storm drainage from the on-site parking area must be disposed of through a drainage system designed by an architect or engineer registered in the State of Idaho and approved by the City Engineer. 6. Landscaping, lighting, screening & signing shall be done in accordaace with applicable sections of the City Ordinances. 7. The westerly 10 feet of this property is the easterly 10 feet of Dixie Lane (private). ~ ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Meridian City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:31 0' clock p. m. , on March 16, 1993, for the purpose of reviewing and considering the Application of WESTSIDE BIBLE CHAPEL and DENNIS HICKS, for annexation and zoning of approximately 9.4 acres which property is generally located North of Fairview Avenue and East of Dixie Lane and generally described as the Southeast 1/4 of the Southwest 1/4, Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. That the application requests annexation with zoning of general retail and service commercial tCG) for all of the property except the southerly 125 feet of the westerly 23~i feet which it is being requested to be zoned community business (CC>. Further, Applicant requests a Conditional Use Permit for a church, located in the Southeast 1/4 of the Southwest 1/4, Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. The property is known by the address 204G East Fairview Avenue, Meridian, Idaho. A more particular legal description of the above property is on file in the City Clerk's Office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED thi~~Y~ day of -Y~~rA~v~l , 1993. OFFICIALS JACK NIEMANN, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Flre Chief BILL GORDON, Police Chief GARY SMITH, City Engineer • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor February 17, 1993 Mr. Jim Boyd The Winder Company P.O. Box 7387 ~,.,w.~'~_~,..~,° Boise, Idaho 83707-138.7 ,•,~,.~~ RE: Annexation & ~~>'~>_rg`° Request~Y w/Conditioner-Use Permit: Dear Jim, :ter w, °; COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIMJOHNSON Centennial Coordinator PATSY FEDRIZZI At the Merid:5,an Planning ~ Zoning C~nission meeting'Faeld February 9, 1993, the C~ission considered the Findings Qf Fact and Conclusions 'dn tY%~ application of West Side 8ilale~.~lapi/1 and Dennis Hicks. It was the Commissions recoltanendaton'that the_ Nierit'~ian City Council either deny or`table this application until a~Comprehensive f Plan Amendn~t is approved 'that` would allow this zona.~g. At the present tines dour clients could request a Comprehensive Plan Amendment but ie;;action could be taken on it by th~~City of Meridian for a period of approximately six nnnths.as under"the Idaho Code the Comprehensive P7_ari can only be amended every six` months and we are in the process of 3ust~ ccxnplet~s3.i, an Amendment at this time. ~,~..., If your clients requests a Crej•iensve Plan change, they could also request the application be tabled and both applications could run concurrently. Please advise how the applicants wish to proceed on this request. .~ & Zoning Cityi6f Meridian, Il3. MERIDIAN PLANNING &~ ZONING FEBRUARY 9, 1993 PAGE 4 Motion Carried: All Yea: Crookston: Returning to position, Riddlemoser stepping down. ITEM #5: FINDINGS OF FACT ON REGlUEST FOR ANNEXATION AND ZONING BY DAVE LEADER: The Motion was made by Rountree and seconded by Shearer that the Meridian Planning & Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Hepper - yea; Rountree - Yea; Shearer - Yea; Alidjani - Yea; Motion Carried: All yea: The Motion was made by Rountree and seconded by Alidjani that the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above in the Conclusions of Law for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law~and that the Applicants be specifically required to file all ditches, canals and waterways as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and the conditions of these Finds and Conclusions and that if the conditions are not met that the property be de-annexed. Motion Carried: All Yea: ITEM #b: FINDINGS OF FACT ON REQUEST FOR ANNEXATION~AND ZONING W/CONDITIONAL USE PERMIT BY WESTSIDE BIBLE CHURCH & DENNIS HICKS: The Motion was made by Alidjani and seconded by Rountree that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - yea; Motion Carried: All Yea: r j r ~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION WESTSIDE BIBLE CHAPEL and DENNIS HICKS ANNEBATION AND ZONING AND CONDITIONAL USE A PORTION OF THE SE 1/4 OF THE SW 14 OF SECTION 5, T.3 N., R.1 E., B.M. - MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on January 12, 1992, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the Applicant appearing through Jim Boyd and having duly considered the matter, the Planning and Zoning Commission-makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 12, 1992, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 12, 1992, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning and conditional use is described in the FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 1 i t i application, and by this reference is incorporated herein; that the property is approximately 9.4 acres in size; it is north of Fairview Avenue, East of Locust Grove Road, and is adjacent to Dixie Lane, a private road. 3. That the property is presently zoned by the county as R- T (Rural Transition); that the Applicant requests that the southerly. 125 feet of the westerly 230 feet of the property be zoned Community Commercial (CC) and the balance of the property zoned General retail and Service Commercial. 4. The general area surrounding the property is used agriculturally and residentially; that recently property to the east of the subject property was annexed and zoned and is planned for a planned unit development, but the subject property is not adjacent to this property; the owners of the property to the north and east of the subject property, David Leader and Jerry P. Rodman, have applied for annexation and that application was also heard by the Commission on January 12, 1993; that if the Leader/Rodman parcel is not annexed the subject parcel will not be contiguous to the city limits of Meridian. 5. That the property is only adjacent and abutting to the present City limits if the Leader/Rodman parcel is annexed. 6. The Applicants, Jerry P. Rodman and Dennis Hicks, are not the titled owners of the subject parcel; that the parcel is owned by the Turner Family Partnership and it has consented to the application for annexation and zoning. 7. That the property included in the annexation and zoning FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 2 application is within the Area of Impact of the City of Meridian. 8. That the parcel of ground requested to be annexed is included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan; that the property is in or near the area designated in the Meridian Comprehensive Plan, Policy Diagram, as the NORTH CURVE, a.Neighborhood; that it may be in the Residential Reserve Area that is next to the North Curve Neighborhood on the east; that it is difficult to tell where the NORTH CURVE Neighborhood ends and the Rural Residential Reserve, adjacent thereto, begins, as shown on the Meridian Policy Diagram on page 7 of the Comprehensive Plan; that Neighborhood is defined in the Comprehensive Plan as follows: "The neighborhood is a residential area with uniform characteristics of a size comparable to that usually served by an elementary school or a small business convenience center or a local park. Although neighborhoods occur in various shapes and sizes, a section of the city measuring one-half or one-and-one-half miles across is usually used for planning purposes. It has facilities within easy walking distances and provides the basis for community identification."; that the property is either in the North Curve Neighborhood or it is in the Residential Reserve Area adjacent to the east. 9. ~ That the Policy Diagram is addressed at page 6 of the Comprehensive Plan; that it states in part as follows: "The Policy Diagram is to be used as a general guide for land use decision-making----not as a legalistic, literal and definitive map. As applications and proposals of land uses are submitted, the Policy Diagram is not intended to be used as the sole, authoritative means for decision-making. Rather, it is but one of the many tools which are available for public officials as they exercise their responsibility regarding the health, safety and welfare of the general public." FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 3 • 10. The property has an existing 23,850 square foot building located thereon; that the tenants in the building are retail/commercial uses except for the New Hope Christian Church; the proposed uses of the building will be the same continued uses except that the Westside Bible Chapel will use the southerly portion of the building which has been requested to be zoned Community Commercial with a conditional use permit for the operation of the church; that the present uses are either conforming uses allowed as grandfathered uses to the Ada County Zoning Ordinance. 11. There was no oral testimony from persons other than the Applicant at the hearing but there was a letter received from Harry Jensen that stated that he had no objection to the annexation but felt that the sewer needed to be extended. 12. That in the Rural Area section of the Comprehensive Plan it does state that land in agricultural activity should so remain in agricultural activity until it is no longer economical to exclude orderly growth and development to maintain agricultural pursuits. 13., That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed. 14. That the property can be physically serviced with City water and sewer. 15. Ada County Hichway District, the Meridian Fire Department, Central District Health Department, City Zoning FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 4 . • i Administrator, and Meridian City Engineer submitted comments and such shall be incorporated herein as if set forth in full. 16. That the Community Business District is defined as follows: "jC-C1 Community Business District: The purpose of the (C-CJ District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate-off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian." 17. That the General Retail and Service Commercial District is defined as follows: "The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel- related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development." 18. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice. to owners of property within 300 feet of the external boundaries of the Applicant's FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 5 ~~ ~ • i property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning use application under Idaho Code, Section 50- 222, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation would be contiguous to the present City limits of the City of Meridian if the annexation of Leader/Hicks property is approved and the property, would then be contiguous and annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, with the consent of the owner of the property, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 6 . • upon the annexation of land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and the Meridian Comprehensive Plan; that since the property is included in either the NORTH CURVE Neighborhood or the Residential Reserve Area adjacent thereto on the east, the annexation thereof would be in compliance with the Comprehensive Plan but the requested zoning would and the conditional use would not be; that a comprehensive plan change would be necessary to allow the use of the property in a community commercial or general retail and service commercial fashion. 10. That the uses in the building on the property may be allowed to continue under 11-2-406 E. but if they did not continue to meet the requirements of that section or they were discontinued or abandoned after a year those uses could not be re-instituted; that it is also concluded that because the present uses would be "grandfathered" to be lawful non-conforming uses, they could not be transferred or conveyed. 11. It is concluded that property must be zoned when it is annexed; ,that since the requested zoning would not be in compliance with Meridian Comprehensive Plan, that the application should be denied or tabled until a Comprehensive Plan amendment, is pursued by the Applicant which would allow the requested zoning; the amendment would have to approved by the Meridian City Council. 12. That if the property is ultimately annexed all ditches, canals, and waterways would have to be tiled as a condition of FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 7 annexation and if not so tiled the property shall be subject to de- annexation. 13. That if the property is ultimately annexed and zoned the requirements of the irrigation district, Ada County Highway District, and City Engineer would have to be met. 14. If a Comprehensive Plan amendment is pursued and adopted, and with compliance of the conditions contained herein, the annexation and zoning would be in the best interest of the City of Meridian. 15. Therefore, based on the Application, the testimony and evidence, the Meridian Comprehensive Plan, the above Findings of Fact and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be either denied or tabled to allow the Applicant to pursue a Comprehensive Plan amendment to allow the desired zoning. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 8 ,.. DECISION AND RECOI~IIKENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they deny or table the application until a Comprehensive Plan amendment is approved which would allow the zoning requested by the applicant. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 9 • • COMMENTS ANNEXATION & ZONING REQUEST W/CUP FOR CHURCH WFSTSIDE BIBLE CHCTRCH 1: Ada County Highway Dist: See Sttached Findings: 2: Central District Health: Can approve with central water & sewer: 3: City Engineer: S ee attached c~runents: 4: Fire Dept: Fire Dept does not have problem with change of the building: Fire hydrants will need to be installed: 5: Police Dept: No Objections: 6: Zoning Adminstrator: This application could require a change to the Comprehensive Plan before it is approved. 7; PUBLIC HEARING HELD BEFORE THE PLANNI NPa & ZpN~NG CpM1NfiS~~~ON QN ~ J~ANUARY~ 12;x' ~ g9'3 ATTORNEY TO PREPARE BINDINGS; 8: AT PLANNING & ZONING MEETING H ELD ~'EBRUARY~ ga 7 ~3 p1.ANNfiNG & ZpNfiNG CQMM-~SSTON APPROVE THE FTNDfiNGS AND RECOMMENDED .THAT THE CfiTh COUNCfiL HE:REB~~'DEN~ pR TABLE THIS APPLICATION UNTIL AN AMENDMENT TO THE COMQRE~E~S~VE ~S ApPRpV~D WfLxCEI' V~pUt;D ALLOW THE ZQNTNG REQUESTED BY~ THE AppLfiCATfi`QN; [COp~~ OF f~'NDfiNOS ATTACHED; ) B 6~ INTER-DEPARTMENT CORRESPONDENCE CHARLES L. WINDER, President JAMES E. BRUCE, Vice President GLENN J. RHODES, Secretary TO: ACHD Commission FROM: Development Services MERANXDF/DSTECH i-s-az DATE: January 4, 1993 SUBJECT : MERIDIAN -ANNEXATION Dixie & Fairview CG & CC (Dennis Hicks and Westside Bible Chapel °~ James L. Boyd, The Winder Company, P.O. Box 7387, Boise, ID 83707-1387) FACTS & FINDINGS: 1. Westside Bible Chapel is requesting annexation of 9.4 acres of property into the City of Meridian with a zoning request of general retail and service commercial (CG) for all of the property except the southerly 125-feet of the westerly 230-feet which will be community business dis- trict (CC) . 2. Fairview Avenue currently has 100-feet of right-of-way and is improved with 70-feet of pavement . The 2000 Urban Street Functional Street Classification Map designates Fairview as a principal arterial roadway, which generally requires a minimum of 114-feet of right-of-way, 5 traffic lanes (65-foot street section) and 5-foot sidewalks. The ultimate right-of-way should be acquired when a specific development plan is submitted to minimize acquisition and construction costs in the future. 3. ACHD 1990 traffic counts show the two-way average daily traffic (ADT) on Fairview to be 19,469. The ACRD Capital Improvement Plan shows Fairview as currently operat- ing at Level of Service (LOS) A/B and is projected to operate at LOS A/B in 2000. It is not approved for use of Road Impact Fee funds to in- crease its capacity; therefore, Road Impact Fee offsets may not be given for construction of the full roadway section by the developer, but may be given for right-of-way dedication in addition to what exists now. 4. Dixie Lane is a private street that is improved with gravel. It serves as access to a residence to the north of subject parcel. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ` MERIDIAN ANNEXAT~1 Dixie & Fairview CG & • January 4, 1993 Page 2 5. This application is scheduled for public hearing by the Meridian Plan- ning & Zoning Commission on January 12, 1993. , If the annexation is approved and development proceeds, the District will provide the following recommendations to Meridian Planning & Zoning as con- ditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 57-feet of right-of-way from the centerline of Fairview abut- ting parcel (7 additional feet) . 2. The District will review any development of subject parcel when a spe- cific site plan is submitted. Access to Fairview will be tightly con- trolled. STANDARD REQUIREMENTS 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies. 2. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 3. Provide written approval from the appropriate irrigation/drainage dis- trict authorizing storm runoff into their system. 4. Locate obstructions (utility facilities, irrigation and drainage appur- tenances, etc .) outside of the proposed street improvements . Authoriza- tion for relocations shall be obtained from the appropriate entity. 5. Continue existing irrigation and drainage systems across parcel. 6. Submit three sets of street construction plans to the District for review and appropriate action. 7. Submit site drainage plans and calculations for review and appropriate action by ACHD . The proposed drainage system shall retain all storm water on-site . 8. Provide design data for proposed access to public streets for review and appropriate action by ACHD . 9. Locate driveway curb cuts a minimum of 5-feet from the side lot proper- ty lines when the driveways are not being shared with the adjacent property . ` MERIDIAN ANNEXA'1~N Dixie & Fairview CG & January 4, 1993 Page 3 10. A right-of-way permit must be obtained from ACRD for all street and utility construction within the public right-of-way. Contact Construc- tion Services at 345-7667. (with zoning file number) for details. 11. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Larry Sale JAN 0 G 1993 ~.a. ~, ~.or noa - ... .-- . I ~! I ~ ,, s `' v ~:-may ' H• ` • • Q e 0 ~ • rrr~' } J ~~ ^ • ~ • r 4 • ~ • • ~ • •ie a~sro •r .-~ ~ w ~ _ ...~ _ ~ v~ ~ ~~' Moro _.~ ., ~I r r- i i i ~- I I i I: O ~~ s~ ~~ ~~ "" ~ L ~Z ~~ OFFICIALS JACK NIEMANN, Clty Clerk JANICE GABS, Treasurer BRUCE D. STUART, Water Worke Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Weate Water Supt. KENNY BOWERS, Fire Chlef BILL GORDON, Police Chief GARY SMITH, City Engineer MEMORANDUM Th zt Roma Ci~yjr also and~~y the a the a TO: MAYOR, CITY COUNCIL, PLANNING & ZONING FROM : GARY D. SMITH, P. E. RE: WESTSIDE BIBLE CHAPEL & DENNIS HICKS tAnnexation, Z<~t~~"~~i~ional Use) COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & PlanMng JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI January A, 1993 t++"'. I have reviewed~~~hf~ submittal and have the;:.following comments for your infotxim$,on and consideratint `during the hearing process: ~~~"¢ ~~ ~~''.~ , 1. 2. HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO • MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor $;~< ~, ~~r~otpe ~ ~,. ad,~.ce~r+ta ,and. contiguous to the n/~e+a~' M o $''rt which is- adjacent to existing 1imi~ ~ a~f~° '~ ey~nRodman/Leader property is bein z ~` g ~~re ==at this hear~;~g for annexation zonin'~.~~T'.e annexation description should include djace>~t~ n~~~'o#~ivfew Avenue northerly of ect i o>rt 1 ine. A 10" d i'am.~t erg mat e~ 1 i of Fairvieai~~~flye=tiue, f,dja ~i 54 gti~~~k 45 exists along the north side tY„;`~.n this property. 3. Preliminary discussion with Rodman/Leader engineer indicates a sanitary sewer line will be extended from the Idaho Athletic Club to Dixie Lane and north on Dixie Lane to a point of entry to the Rodman/Leader property. 4. With water available and sewer soon to be constructed, this 9.4 acres can be connected to sanitary sewer and domestic water. The connection of the Shoshoni Building will be required by City Ordinance when the service is within 300 feet of the property. • 5. Parking for the church is required in accordance with Ordinance requirements at one space for each five seats. Parking for the other building uses shall be provided as required by City Ordinance. Storm drainage from the on-site parking area must be disposed of through a drainage system designed by an architect or engineer registered in the State of Idaho and approved by the City Engineer. 6. Landscaping, lighting, screening & signing shall be done in accordnace with applicable sections of the City Ordinances. 7. The westerly 10 feet of this property is the easterly 10 feet of Dixie Lane (private). r ' ~ • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION WESTSIDE BIBLE CHAPEL and DENNIS HICKS ANNEBATION AND ZONING AND CONDITIONAL USE A PORTION OF THE SE 1/4 OF THE SW 14 OF SECTION 5, T.3 N., R.1 E., B.M. - MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on January 12, 1992, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the Applicant appearing through Jim Boyd and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 12, 1992, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 12, 1992, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning and conditional use is described in the FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 1 _~ application, and by this reference is incorporated herein; that the property is approximately 9.4 acres in size; it is north of Fairview Avenue, East of Locust Grove Road, and is adjacent to Dixie Lane, a private road. 3. That the property is presently zoned by the county as R- T (Rural Transition); that the Applicant requests that the southerly. 125 feet- of the westerly 230 feet of the property be zoned Community Commercial (CC) and the balance of the property zoned General retail and Service Commercial. 4. The general area surrounding the property is used agriculturally and residentially; that recently property to the east of the subject property was annexed and zoned and is planned for a planned unit development, but the subject property is not adjacent to this property; the owners of the property to the north and east of the subject property, David Leader and Jerry P. Rodman, have applied for annexation and that application was also heard by the Commission on January 12, 1993; that if the Leader/Rodman parcel is not annexed the subject parcel will not be contiguous to the city limits of Meridian. 5. That the property is only adjacent and abutting to the present City limits if the r/Rodman parcel is annexed. 6. The Applicants, ~ - an and Dennis Hicks, are not the titled owners of the subject parcel; that the parcel is owned by the Turner Family Partnership and it has consented to the application for annexation and zoning. 7. That the property included in the annexation and zoning FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 2 e application is within the Area of Impact of the City of Meridian. 8. That the parcel of ground requested to be annexed is included within the Meridian Urban Service Planning Area (U.S.P.A.j as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan; that the property is in or near the area designated in the Meridian Comprehensive Plan, Policy Diagram, as the NORTH CURVE, a.Neighborhood; that it may be in the Residential Reserve Area that is next to the North Curve Neighborhood on the east; that it is difficult to tell where the NORTH CURVE Neighborhood ends and the Rural Residential Reserve, adjacent thereto, begins, as shown on the Meridian Policy Diagram on page 7 of the Comprehensive Plan; that Neighborhood is defined in the Comprehensive Plan as follows: "The neighborhood is a residential area with uniform characteristics of a size comparable to that usually served by an elementary school or a small business convenience center or a local park. Although neighborhoods occur in various shapes and sizes, a section of the city measuring one-half or one-and-one-half miles across is usually used for planning purposes. It has facilities within easy walking distances and provides the basis for community identification."; that the property is either in the North Curve Neighborhood or it is in the Residential Reserve Area adjacent to the east. 9. ~ That the Policy Diagram is addressed at page 6 of the Comprehensive Plan; that it states in part as follows: "The Policy Diagram is to be used as a general guide for land use decision-making----not as a legalistic, literal and definitive map. As applications and proposals of land uses are submitted, the Policy Diagram is not intended to be used as the sole, authoritative means for decision-making. Rather, it is but one of the many tools which are available for public officials as they exercise their responsibility regarding the health, safety and welfare of the general public." FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 3 _• 10. The property has an existing 23,850 square foot building located thereon; that the tenants in the building are retail/commercial uses except for the New Hope Christian Church; the proposed uses of the building will be the same continued uses except that the Westside Bible Chapel will use the southerly portion of the building which has been requested to be zoned Community Commercial with a conditional use permit for the operation of the church; that the present uses are either conforming uses allowed as grandfathered uses to the • Ada County Zoning Ordinance. 11. There was no oral testimony from persons other than the Applicant at the hearing but there was a letter received from Harry Jensen that stated that he had no objection to the annexation but felt that the sewer needed to be extended. 12. That in the Rural Area section of the Comprehensive Plan it does state that land in agricultural activity should so remain in agricultural activity until it is no longer economical to exclude orderly growth and development to maintain agricultural pursuits. 13., That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed. 14. That the property can be physically serviced with City water and sewer. 15. Ada County Hichway District, the Meridian Fire Department, Central District Health Department, City Zoning FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 4 • • Administrator, and Meridian City Engineer submitted comments and such shall be incorporated herein as if set forth in full. 16. That the Community Business District is defined as follows: "(C-C1 Community Business District: The purpose of the (C-C) District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate-off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian." 17. That the General Retail and Service Commercial District is defined as follows: "The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel- related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development." 18. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 5 .• • property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning use application under Idaho Code, Section 50- 222, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, as amended, anti the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation would be contiguous to the present City limits of the Gity of Meridian if (Z~ ~ ~/ the annexation of Leader/~3.:~ks property is approved and the property, would then be contiguous and annexation would not be a shoestring annexation. 7. That the annexation application bas been initiated by the Applicant, with the consent of the owner of the property, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 6 .~ • upon the annexation of land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and the Meridian Comprehensive Plan; that since the property is included in either the NORTH CURVE Neighborhood or the Residential Reserve Area adjacent thereto on the east, the annexation thereof would be in compliance with the Comprehensive Plan but the requested zoning would and the conditional use would not be; that a comprehensive plan change would be necessary to allow the use of the`property in a community commercial or general retail and service commercial fashion. 10. That the uses in the building on the property may be allowed to continue under 11-2-406 E. but if they did not continue to meet the requirements of that section or they were discontinued or abandoned after a year those uses could not be re-instituted; that it is also concluded that because the present uses would be "grandfathered" to be lawful non-conforming uses, they could not be transferred or conveyed. 11. It is concluded that property must be zoned when it is annexed; ,that since the requested zoning would not be in compliance with Meridian Comprehensive Plan, that the application should be denied or tabled until a Comprehensive Plari amendment. is pursued by the Applicant which would allow the requested zoning; the amendment would have to approved by the Meridian City Council. 12. That if the property is ultimately annexed all ditches, canals, and waterways would have to be tiled as a condition of FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 7 -~ ~ annexation and if not so tiled the property shall be subject to de- annexation. 13. That if the property is ultimately annexed and zoned the requirements of the irrigation district, Ada County Highway District, and City Engineer would have to be met. 14. If a Comprehensive Plan amendment is pursued and adopted, and with compliance of the conditions contained herein, the annexation and zoning woula be in the best interest of the City of Meridian. 15. Therefore, based on the Application, the testimony and evidence, the Meridian Comprehensive Plan, the above Findings of Fact and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be either denied or tabled to allow the Applicant to pursue a Comprehensive Plan amendment to allow the desired zoning. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED. COMMISSIONER ROUNTREE ~ VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 8 • ~• i DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they deny or table the application until a Comprehensive Plan amendment is approved which would allow the zoning requested by the applicant. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 9 ~~~ ~J ~~~ ~ ~fi~fa~~ ~~ ~ y~~~, ~ cse z r C ~ ~S e 1 ~~ ~~~~ ~~cz~~-r.~~' ~ ~~~ °~~' ~~ /y~~ tel. . ~ ~ off`" ~, ~ .~- ...~ ~:~ . ~. ~~ ~~ ~ .~~ . ~~'i~3 a ~ • MERIDIAN PLAN993G & ZONING JANUARY 12, PAGE 24 Johnson: Thank you. Anyone else to testify? the attorney. Don Bryan, 2070 N. Locust Grove, was sworn by roblems I'm going to have. Number one is Bryan: There s a-few P is Platted and it shows all the lots the way this subdivision now my headgate is located in backed up along this fence line, ro erty and my headgate this corner. The ditch combo dthe southP and going down to mY separates the water going ate is down Dixie down here. My access to that headgto deal with that property oing Lane. That's a concern how are oing to Put fencing along the irrigation situation? Are they 9 ditch to keep kids out of it? Clerk Niemann: If it's along the fence line then they will have to the it. is my Bryan: I' m real uncomfortable witnaDe~lownednby thetproperty understanding that that lane is desigbelieve if they do research owners that dwell on that street. that they own that lane and their the ones that control the access. That' s al l I have. one else to testify? No response. I Johnson: Thank you. Any will close the public hearing. Discussion (See tape) Rountree and seconded by Shearer to have The Motion was made by the attorney prepare Findings of Fact and Conclusions of Law. Motion Carried: All Yea: ITEM #8: PUBLIC HEARING: RESTESIDEFOBIBLEEXCHAPEL & DENNIS W/CONDITIONAL USE PERMIT BY WE HICKS: ublic hearing. Is there a Johnson: I will now open the p representative present? ! 9272 Sholan Ave., Boise, was sworn by the attorney. Jim Boyd, Boyd: I'm speaking on behalf of West Side Bible Chapel and Dennis Hicks on their request for annexation and the conditional use for the West Side Bible Chapel. • oc~nV~ CHARLES L. WINDER, President JAMES E. BRUCE, Vice President GLENN J. RHODES, Secretary January 7, 1993 TO: Dennis Hicks & Westside Bible Chapel c/o James L. Boyd The Winder Company PO Box 7387 Boise ID 83707-1387 FROM: Larry Sale, Supervisor Development Services SUBJECT: MERIDIAN ANNEXATION DIXIE & FAIRVIEW CG & CC Your application for the above referenced project was approved by the Commissioners of the Ada County Highway District on January 6, 1993. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. cc: Development Services Chron Meridian City Hall ada county highway district 318 East 37th ~ Boise, Idaho 83714 • Phone (208) 345-7680 n U INTER-DEPARTMENT CORRESPONDENCE MERANXDP' / DgTECH 1-6-92 TO: ACHD Commission DATE: January 4, 1993 FROM: Development Services SUBJECT: MERIDIAN -ANNEXATION Dixie & Fairview CG & CC (Dennis Hicks and Westside Bible Chapel ~ James L. Boyd, The Winder Company, P.O. Box 7387, Boise, ID 83707-1387) FACTS & FINDINGS: 1. Westside Bible Chapel is requesting annexation of 9.4 acres of property into the City of Meridian with a zoning request of general retail and service commercial (CG) for all of the property except the southerly 125-feet of the westerly 230-feet which will be community business dis- trict (CC). 2. Fairview Avenue currently has 100-feet of right-of-way and is improved with 70-feet of pavement. The 2000 Urban Street Functional Street Classification Map designates Fairview as a principal arterial roadway, which generally requires a minimum of 114-feet of right-of-way, 5 traffic lanes (65-foot street section) and 5-foot sidewalks. The ultimate right-of-way should be acquired when a specific development plan is submitted to minimize acquisition and construction costs in the future. 3. ACHD 1990 traffic counts show the two-way average daily traffic (ADT) on Fairview to be 19,469. The ACRD Capital Improvement Plan shows Fairview as currently operat- ing at Level of Service (LOS) A/B and is projected to operate at LOS A/B in 2000. It is not approved for use of Road Impact Fee funds to in- crease its capacity; therefore, Road Impact Fee offsets may not be given for construction of the full roadway section by the developer, but may be given for right-of-way dedication in addition to what exists now. 4. Dixie Lane is a private street that is improved with gravel. It serves as access to a residence to the north of subject parcel. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phon® (208) 345-7680 CHARLES L. WINDER, President JAMES E. BRUCE, Vice President GLENN J. RHODES, Secretary MERIDIAN ANNEXA~N Dixie & Fairview CG & • January 4, 1993 Page 2 5. This application is scheduled for public hearing by the Meridian Plan- ning & Zoning Commission on January 12, 1993. If the annexation is approved and development proceeds, the District will provide the following recommendations to Meridian Planning & Zoning as con- ditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 5?-feet of right-of-way from the centerline of Fairview abut- ting parcel (7 additional feet) . 2 . The District will review any development of subject parcel when a spe- cific site plan is submitted. Access to Fairview will be tightly con- trolled. STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies. 2. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 3. Provide written approval from the appropriate irrigation/drainage dis- trict authorizing storm runoff into their system. 4. Locate obstructions (utility facilities, irrigation and drainage appur- tenances, etc.) outside of the proposed street improvements. Authoriza- tion for relocations shall be obtained from the appropriate entity. 5. Continue existing irrigation and drainage systems across parcel. 6. Submit three sets of street construction plans to the District for review and appropriate action. 7. Submit site drainage plans and calculations for review and appropriate action by ACHD . The proposed drainage system shall retain all storm water on-site. 8. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 9. Locate driveway curb cuts a minimum of 5-feet from the side lot proper- ty lines when the driveways are not being shared with the adjacent property. MERIDIAN ANNEXA~N Dixie & Fairview CG & • ' January 4, 1993 Page 3 10. A right-of-way permit must be obtained from ACRD for all street and utility construction within the public right-of-way. Contact Construc- tion Services at 345-7667 (with zoning file number) for details. 11. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Larry Sale J1rC•H.D. -ENG. _ a.w ~ 7/011 710q •. _ •" .__ . P .. ...__ _-~. 1p i aa~ 1 i i {. G 1' u ~u V \~- I ,• •~ ~r ., ~ '1a X110 'N ~ w ~ O . ~~ 1 S L COMMENT S ANNEXATION & ZONING REQUEST W/CUP FOR CHURCH WESTSIDE BIBLE CHURCH 1: Ada County Highway Dist: See Sttached Findings: 2: Central District Health: Can approve with central water & sewer: 3: City Engineer: S ee attached comments: 4: Fire Dept: Fire Dept does not have problem with change of the building: Fire hydrants will need to be installed: 5: Police Dept: No Objections: 6: Zoning Adminstrator: This~:application could require a change to the Comprehensive Plan before it is approved. r • (O G ~1°~ CHARLES L. WINDER, President JAMES E. BRUCE, Vice President GLENN J. RHODES, Secretary TO: ACHD Commission FROM: Development Services INTER-DEPARTMENT CORRESPONDENCE MERANXDF/DgTECH 1-6-92 DATE: January 4, 1993 SUBJECT: MERIDIAN -ANNEXATION Dixie & Fairview CG & CC (Dennis Hicks and Westside Bible Chapel ~ James L. Boyd, The Winder Company, P.O. Box 7387, Boise, ID 83707-1387) FACTS & FINDINGS: 1. Westside Bible Chapel is requesting annexation of 9.4 acres of property into the City of Meridian with a zoning request of general retail and service commercial (CG) for all of the property except the southerly 125-feet of the westerly 230-feet which will be community business dis- trict (CC) . 2. Fairview Avenue currently has 100-feet of right-of-way and is improved with 70-feet of pavement . The 2000 Urban Street Functional Street Classification Map designates Fairview as a principal arterial roadway, which generally requires a minimum of 114-feet of right-of-way, 5 traffic lanes (65-foot street section) and 5-foot sidewalks. The ultimate right-of-way should be acquired when a specific development plan is submitted to minimize acquisition and construction costs in the future . 3. ACHD 1990 traffic counts show the two-way average daily traffic (ADT) on Fairview to be 19,469. The ACHD Capital Improvement Plan shows Fairview as currently operat- ing at Level of Service (LOS) A / B and is projected to operate at LOS A/B in 2000. It is not approved for use of Road Impact Fee funds to in- crease its capacity; therefore, Road Impact Fee offsets may not be given for construction of the full roadway section by the developer, but may be given for right-of-way dedication in addition to what exists now. 4. Dixie Lane is a private street that is improved with gravel. It serves rs as access to a residence to the north of subject parcel. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 J I MERIDIAN ANNEXATLON Dixie & Fairview CG & January 4, 1993 Page 2 5. This application is scheduled for public hearing by the Meridian Plan- ning & Zoning Commission on January 12, 1993. If the annexation is approved and development proceeds, the District will provide the following recommendations to Meridian Planning & Zoning as con- ditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 57-feet of right-of-way from the centerline of Fairview abut- ting parcel (7 additional feet) . 2. The District will review any development of subject parcel when a spe- cific site plan is submitted. Access to Fairview will be tightly con- trolled . STANDARD REQUIREMENTS: 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies. 2. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 3. Provide written approval from the appropriate irrigation/drainage dis- trict authorizing storm runoff into their system. 4. Locate obstructions (utility facilities, irrigation and drainage appur- tenances, etc.) outside of the proposed street improvements. Authoriza- tion for relocations shall be obtained from the appropriate entity. 5. Continue existing irrigation and drainage systems across parcel. 6. Submit three sets of street construction plans to the District for review and appropriate action. 7. Submit site drainage plans and calculations for review and appropriate action by ACRD . The proposed drainage system shall retain all storm water on-site . 8. Provide design data for proposed access to public streets for review and appropriate action by ACHD . 9. Locate driveway curb cuts a minimum of 5-feet from the side lot proper- ty lines when the driveways are not being shared with the adjacent property. MERIDIAN ANNEXAT~N Dixie & Fairview CG & January 4, 1993 Page 3 • 10. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way. Contact Construc- tion Services at 345-7667 (with zoning file number) for details. 11. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Larry Sale JAN 0 G 1993 • • • HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS JACK NIEMANN, Clty Clerk CITY OF MERIDIAN JANICE GASS, Treasurer BRUCE D. STUART, water works supt. WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO EARL WARD, Waste WeterSupt. MERIDIAN, IDAHO 83642 KENNY BOWERS, Flre Chief BILL GORDON, Police Chief Phone (208) 888-4433 GARY SMITH, City Engineer FAX (208) 887-4813 GRANT P. KINGSFORD Mayor MEMORANDUM T0: MAYOR, CITY COUNCIL, PLANNING & ZONING FROM: GARY D. SMITH, P. E. RE: WESTSIDE BIBLE CHAPEL & DENNIS HICKS tAnnexation, Z~•~`g°°'~.~ional Use) COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAJ(YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI January 8, 1993 ~~~..~.-~ ~ ~ ~`'" ''ate \ , A~ {" I have reviewed nvF`'r ~ s submittal and have tlx:_ following comments for your infc~n~on and consideration ``~~ring the hearing process : ~ ~ ~`~~~ ,rs ~$ ~ ~ ~ ~~ 1. Th~$~ t ~~rc~pe ~~; ad mod; ~.'O~~tiguous to the Roc~~p~r~-~"%e~a o `° ;:~~i~.~~a+d~~i~~ent to existing City limit t~ e~~ odman/Lader property is also beings ~N`~' a ~at this hearing for annexation and;~::''~ zonin " e annexation ~escrip~t~on should include the '~djace .' .~~ ++w>fslw ~rrenue northerly of the ~ctioii line. a~"r ~~~ ~ ~~~ 2. A 10" diate ate lii~~f~exis=ts along the north side of Fairview~~!'~ue,~d~ac~nte =~~ this property. 3. Preliminary discussion with Rodman/Leader engineer indicates a sanitary sewer line will be extended from the Idaho Athletic Club to Dixie Lane and north on Dixie Lane to a point of entry to the Rodman/Leader property. 4. With water available and sewer soon to be constructed, this 9.4 acres can be connected to sanitary sewer and domestic water. The connection of the Shoshoni Building will be required by City Ordinance when the service is within 300 feet of the property. • 5. Parking for the church is required in accordance with Ordinance requirements at one space for each five seats. Parking for the other building uses shall be provided as required by City Ordinance. Storm drainage from the on-site parking area must be disposed of through a drainage system designed by an architect or engineer registered in the State of Idaho and approved by the City Engineer. 6. Landscaping, lighting, screening & signing shall be done in accordnace with applicable sections of the City Ordinances. 7. The westerly 10 feet of this property is the easterly 10 feet of Dixie Lane tprivate). ~~ Cif ~ ~ 'H H _~ '~ K' _ ~ O ~ b -d d ~+ ~ I S N H ,b H N M -H N F~ _ ~ - •~, 'zi V ~ ~~ .C+ ~ Idl y 'fZ .Z' ~~ n=2 r ~ ~ N-_H ~- N ~ ~ d = z - 8 ~ ~ ~ d C+~ • d ~ ~ H N _ ` 3 f~A iyi ~ O H ~T1 ~ N ~ M ~ H 3 ~ N ~ ~ 3 • ~ y •• !ti b • Ri ~ ~~Oy ~ ~ ~ro~0 ~~ r r~ H ~ O O ~ ~ ~ ~ v i ~i ~ ~ K ~ v y ~ N N d v ~ b l~O ~ v ? lfl Fes- - W •L=TJ. v d H H k •• i M COrJ O d • ~~~ n iM~ Fi H ~~~ • r H 0 ~~ ~ ~~ ~ o ~A ~ O ,~j ~ H y ~ L=J z i N 3 H ~i~ 4 3 ~ 3 O ~ o b~ N Z O ro~ •. ~y N F-' G1 N n i--' W Cn QH Z ~°~~ •• ~ yHy ~~~H ~b~J A~ ~ FA ~ II~~~ y~ . ~ ~` ~~ H OH~ U'- o-OiJ •• -,~~ H G z~ . ~ .. ~~ .y. b HN ~~ ` ~ ~ N NO z~ O "~S ~~ ~~ ~ ~E CT bd H •. H z° N G~ b C~7 •• (] I--~ I--' N N O ro c~ W r~ H ?~ REVIEW SHEET CENTRAL • • • DISTRICT C HEALTH DEPARTMENT Rezon® # Conditional Use # G~~s % s/vim= ~3i b ~ C ~~..~ / Preliminary/FinaVShort Plat ~ ~~ ~ ~~ 2 /i ~~,J Retum to: ^ BOIS@ ^ Eagle ^ Garden City ® Meridian ^ Kuna ^ Acz ^ 1. We have no objections to this proposal. ^ 2. We recommend denial of this proposal. 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. ^ 4. We will require more data concerning soil conditions on this proposal before we can comment. ^ 5. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. n approve this proposal for individual sewage disposal to be located above solid lava layers: W ~ 2 feet ^ 4 feet ^ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ Central sewage ^ Community sewage system ^ Community water well ^ Interim sewage ^ Cernral water ^ Individual sewage ^ Individual water ^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmernal Quality: ^ Central sewage ^ Commun'ity sewage system^ Community water ^ Sewage dry lines ^ Central water ^ 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would recommend deferral urnil high seasonal ground water can be determined if other considerations indicate approval. ^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan reiew for any: ^ Food establishment ^ Swimming pools or spas ^ Beverage establishmern ^ Grocery store 13. ~~~ .SAP%/~ Sy~..Pr~ ~cl,S~ /3.~ ~Vii~~/fl~~/.) S A~-2 ci drg-~ ^ Child Care Cerner DATE: ~d-Iot9~~ "2_- Reviewed by: `~ n v CDHD 10-81 rcb .~~ --! : I I .I 1 1 1 1 .1 1 = ~C - ~ O~ b b d d y ~ _ Z O ~zr ~~~~~:~~ ~S ~ ~ 8 ro ~ y ~ ~ ~ d =_ H _ ~ 2 ~ ~ K N ~ _ N N y ~ i..i y .~. A R, O b A'' 3 y Z C7 ~~ H H ~ d ~ ~ iri 3 iii ~ ~ ~ ~ 3 y .. ~ ~ • R' ~~d~y~ ~~ y ~ O H ~~ 3 H ~ ~ H ry,, F'+ O O zzO "C~'~ ~ t~ Ki K~ (~] v ,~ ~ v ~ Ca ~ H ~ ~ y I--' ~ ~ 1111111 III 111111 yy ''~ W 70 y C] 4 N ~ N~ ~ o o H N 3 c~ fC ~ N ~ ~ CG] bD Gd _ 3 3 O _ N r~ ~ kb+7 3 ~ E ~ C~J d F~-+ ~ ~ O 7C ~ti ~ t" _ O ~. z ~ H _- - - O_ - -~ y •• O H R'~ F~- N ~-+ ~ v N ~ G7 r w m H I--~ F--~ F-' l0 N ("~ ~ 'y y'~ fzb d Zi ~ y~ N ~'d ~yy' ~I O ° ' ~~ `y C~iJJ i Fri `C'' ~sj f~ ~ V~ H ® i V ~ IC ~ o~C'~ Ow ,~. ~ ~ yro f7 Z o O-n ~, ~ ~3 ~ C~J ~ ~ ro ( ~ "1~ y~n~„c~ i< ~ro~ ro m .~ ~ N F~ "OA O trJ ~ ,~ O QQH \J ~~ ~ 1 ~7 ~ ~ ~ ~ ~ ~ ~ - 'b ~ r ' ~ H H 5 N ~~ y 'ti O w Ui ~ i`+ N [Vl]1 ~ Fd O ~,. .. -: 5[~C ~ .. ~ ~ ~~~ ~ ~ ~~!I.III-~II~I.IIII IIIII iilillll r ~ ~ H c ~ ~ ~ ~ ~ y~- ~ ~ ~ ~ ~ ~ ~ o o ~ ~ ~ 3 ~ H ~ _ N ~ ~C -~ itN ~ Gd 3 3 ~O 3 C ~_ O r b b idi N~ 3~ d~~ N n ~ N ~., y ~0~ _ '~L ~ ~ R'7 d ~ -~ Z ~ _ N d ~ ~ ~ ~ ~ ~ ~ ~ O on H N -H ~ -~ t~ ~ ~ ~ r ~ ~ z - ~5~~~ .:08 ~ ~ z ~ y ~ ~ b ^ N ~ ~ ~ d ~ 2 ~ 3 ~ d ~, ~ ~ H ~ ~ _ H H y N Cn Q'' O~ a, 3 H Z ~ Z ;~ H d Fi ~ ~ 3 ~ iii ~ ~ 3 Cr] ~ y .. Rs b ~ R'+ d H H b C iii ~yi ~b ~ O H d7 ~ - rte'' b ~ O ~ 'U = H H ~ ~ H - O O r ~ r ~ ~ - ~ ~ ~ ~ b~ . 8 ~' ., y ~ .. ~ ~ ~ ~~ ~ ~ d ~, ~ ~ ~ ~ N r" I-~ K y ~ ~ '~` ~' ~ G] N y ~0 1~ - [[~rJJ W rCsTJr ~ • • W • ~ (n . ~ ~- ~ ~ ~' ~1 ~ ~ ~ ~ s ~ ~ _ ~~ ~, ~ ~~ ~ ~~~ ~~°~~ ~ ~ ~ ~ N •• nd •• ~ bH ~ ~ cam. O~ O ~ \9` ~ ~ 1e A~ ~ ~~ ~ ~ ~ b ~ ~ ~ ~ ~ 4~ ~ yv, ~~~~~ ~~ ~~ e ICI `"~ ~ ~~~ ~,~~~~ Noo ~ ~ ~ ~ rr ~m~ b ~~g ~° o c~ ~ ~ ~ ~ ~O~yH h0'JO ~cOi~ N ~ ~ H ~~ ~ ro HH O b ~9 ~ ~ 1° ~ ~• O ~~ ~~O ~ C7~ ~ w ~j "' ~°' ~ fn U] ~ trJ ~ ~ ~ H L17 ~ • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on January 12, 1993, for the purpose of reviewing and considering the Application of WESTSIDE BIBLE CHAPEL and DENNIS HICKS, for annexation and zoning of approximately 9.4 acres which property is generally located North of Fairview Avenue and East of Dixie Lane and generally described as the Southeast 1/4 of the Southwest 1/4, Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. That the Application requests annexation with zoning of general retail and service commercial (CG) for all of the property except the southerly 125 feet of the westerly 230 feet which it is being requested to be zoned community business (CC). Further, Applicant requests a Conditional Use Permit for a church, located in the Southeast 1/4 of the Southwest 1/4, Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. The property is known by the address 2040 East Fairview Avenue, Meridian, Idaho. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this~~ ~ ~ day of December, 1992. JACK NI~MANN, C,I''1'Y CLERK N " G ~ ~ ~ yN1.~ ~ O ~N~pp C ~ O O ~ ~ ~ H ~ _ o ~ ~ ro =o v ('~ ~ ~ c~ v, ~-- ~ . ° = .17.1 ~4 ~ ~ `~ ~ ~ _~ ~ d ~ ~ ~ ~ ~ ~ ~ -~ O - H ~ -1..1 e ~ o ~ ~ ~ z ~ ~ ~ N ~~I1 "~~ Z ~ ~ ~C n UNi ~ 40 b ~ ~ H Z G 7 ~ ~ n _ - - N ~ ~ Cy ~ '..' H 3 H N ~ 3 ~ ~ ' ~ y r1, b ~ ~ R' ~ N H ~ ~ ~ - _ ~^ O H O ~ t~ O ~ b ~ ~ z tzn 'r b 'K try ~ 1-31 H ~.. ~ H a tr" ~ t~ ~ t" ~ d ,~ 8 ~ .. ~~, ~ " e N ~ ~~ ~ ~ - N ti O H N F~l,' v , G7 N lfl ~ ~ . w~~ - ~, .. W • ~ ~ ~ Cl1 H I-~ Z ~ N lD N o y ~~~ ~~° ~°~ ~ " H N" ~ H ,~ ° ~ ~ ~ o ro 1y-1 1-' N o ro o "h o ~ ~ ~,~~~~ z~ H C sr 'TI N ~ ~ ~ apt" ~ ~ LTJ ~O OLV O ~n rr ~~~ ,.d ~~~ H ~J O N [!~ h1 ',d tin o wd ~~o z~ ~ ~ ~ ~ .. k C '3 N O ~~ ~~ ro bd H Eli ~ ~ O z G7 ~ ~ QQ 2 ~ro ~ d~ H ~ ~ w ~ ~ ~ THE WINDER COMPANY Commerclel Real Estate Brokerage First Interstate Center 877 W. Main St., Suite 610 P.O. Box 7367 Boise, Idaho 83707-1387 Telephone (208) 343-2300 December 9, 1992 Mr. Jack Niemann City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Dear Jack: Enclosed is the application for annexation and rezone of the 9.4 acres located east of Meridian, commonly known as the Shoshoni Building. I have also enclosed an application for Conditional Use for the Westside Bible Chapel to occupy 6,431 square feet of the subject building. If you have any questions regarding any portion of this application or need additional information, please do not hesitate to contact me. Sincerely, r _ " {' `J u~ J, :J es L. Boyd J Executive Vice President Enclosure JLB/kmk JLB1209B.LTR cc: Mr. John T. Turner Mr. Dennis W. Hicks Westside Bible Chapel Mr. Lawrence Ross • THE WINDER COMPANY December 8, 1992 Commercial Real Estate Brokerage First Interstate Center 877 W. Main St., Suite 610 P.O. Box 7387 Boise, Idaho 83707-1387 Telephone (208) 343-2300 Mr. Jack Niemann City Clerk City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Dear Mr. Niemann: Enclosed is an Application for Annexation into the City of Meridian with a Zoning Request of general retail and service commercial (CG) for all of the property except the southerly 125 feet of the westerly 230 feet which is being requested community business district (CC). The subject property contains approximately 9.4 acres. Westside Bible Chapel plans to purchase the westerly 230' of the parcel (Parcel A), which includes an existing building of 23,850 square feet. This building is amulti-tenant structure of eight tenants. An enclosed Exhibit shows the floor plan of the building as well as the tenants in each Space. The balance of the property, the easterly 516.7 feet (Parcel B), will be purchased by Mr. Dennis Hicks. The present use of the building is retail/commercial uses. An Exhibit is enclosed which shows the current tenants in the building. The balance of the excess land has been used for agricultural purposes. The proposed use of the building will be the same continued uses except for Spaces 1 and 2, which will be remodeled and occupied by Westside Bible Chapel. Presently the property is within the boundaries of Ada County and this proposal is to request annexation into the City of Meridian. The City of Meridian is not encouraging strip commercial development on the north side of Meridian, therefore, it is not the intent of this rezone to contnbute to strip development. The intent of this request is to provide a zone that is compatible to the existing uses in the building. This request should provide minimal ingress/egress points onto Fairview Avenue while providing services for the surrounding residential uses. • The characteristics which make the subject property desirable for general retail/service commercial are the current uses that have been and currently exist in the occupied building. The requested zoning is compatible with those uses which have been occurring on the east side of Meridian fronting both the south and north sides of Fairview (i.e. Emergency Medical Clinic, Idaho Athletic Club, Cole's Marine Center, etc.). The proposed use by Westside Bible Chapel is based on a Conditional Use, which is being presented with the Annexation Request for Space 1 and Space 2. Space 7, (Boise Ice Company) will continue based upon current grandfather use of Space, Space 6 (Mighty Auto), Space 8 (Time Step Dance) and Space 5 (F & L Boats) are allowed uses within the general retail and service commercial zone. Space 4 (Mountain West Construction) will be vacated and J.L. Williams, which currently occupies Space 2, will be relocated to Space 4. Space 1 (Roth Crafts) will vacate the premises, which will provide Space 1 and Space 2 for use by Westside Bible Chapel. If you have any further questions, please feel free to contact me. Sincerely, ,~~ es L. Boyd Executive Vice President Enclosure JLB/kmk JLB1204A.LTR • • APPLIATION FOR ANNEXATION APPROVAL & . ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION I. GENERAL INFORMATION FILING INFORMATION" (PROPOSED NAME OF SUBDIVISION) N/A (GENERAL LOCATION) N E Corner of Dixie Lane and Fairview Ave (LEGAL DESCRIPTION - ATTACH IF LENGTHY) See Attached Legal Description Turner Family Partnership CIO Mr John T Turner 206-325-9073 (OWNER(S) OF RECORD) (NAME) (TELEPHONE N0:) 173 37th Ave. E., Seattle, WA 98112 362-0235 (ADDRESS) Dennis W. Hicks and Wes ci de Bi hl a ('haRal (APPLICANT) (NAME) (TELEPHONE NO.) c/o James L. Boyd, The Winder Company P.O. Box 7387, Boise, Idaho 83707-1387 208-343- 2300 (ADDRESS) W & H Pacific C/0 Steahen H Sweet (ENGINEER, SURVEY08 OR PLANNER) (NAME) (TELEPHONE N0.) 960 Broadway Ave ,'Suite 312, Boise, ID 83706 208-342-5400 (ADDRESS) _ Meridian City - (JURISDICTION(S) REQUIRING APP80VAL) (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, 1NUU5'1'Lt1l~1J+/ ~~ +50 ( 9 4 AC - CGl ACRES OF LAND IN CONTIGUOUS . OWNERSHIP. (ACCEPTED BY:) (FEE) `_ December 7, 1992 Items for Annexation and Rezoning: 1. Name. address, and phone number of applicant: Westside Bible Chapel, c/o Mr. Alan L. Kester, 8080 Boulder Drive, Boise, Idaho 83709 ph. 377-2808 2. Name. address. and ,phone number of owner: Turner Family Partnership, c% Mr. John T. Turner, 173 37th Avenue East, Seattle, Washington 98112 ph. 206-325-9073 3. Notarized Request for Zoning Amendment from Owner: See attached notarized Request 4. Legal Description of properri: See attached legal description 5. Present land use and proposed use: See attached letter 6. Present district and proposed district: See attached letter 7. Characteristics of subject property to make zoning amendment desirable: See attached letter 8. Desirability of development pertaining to zoning amendment and its harmony with adjacent development: See attached letter JLB1207A.FRM • November 30, 1992 Mr. Jack Niemann City Clerk City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Dear Mr. Niemann: This letter shall authorize Westside Bible Chapel and Dennis W. Hicks to request annexation and zoning into the City of Meridian for the property located at 2040 E. Fairview Avenue, per attached Exhibit A. Signed: TURNER F. BY: (X/(/~(~ (/ Joh urne ~vo~°®° Jo~eo~o _v ~P C/~ ..., ,V~~~~ry`eya ~m p~® ~MwrS10N ~p Ipl/ l~e~ ~D~ ~ "> FS, I~ ~j `" :' :NOTARY ''~, v ) d STATE OF ® s °"' ° `"' 1 ~ ~ cn ; ~'UBl1G r ) SS. ~ ~ 4 -° ~~ COUNTY OF ) °~~~'~°'ll ~-os-~,-= •~~o ~\\~\~~ r ' C~ ~Qe a ~F WASN~~°°~ On this I ~ day of ~ ~ ,r~,.; `®"°°, 19~~before me, the undersigned, a Notary Public in and for said State, personally appeared J oliN TtcZr214vc~ 'T~~R~-known to me to be the persons who executed the above and foregoing instrument, and said person(, acknowledged to me th he) (she) (they) executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate firlst, above w 'tten. cy Notary Public f ~ (state) Residing at g.e ~. r-r ~ ~ JLBl 130A.LTR . ~~~ 7 E' •`E{ ~:r _ ~` ~y~4.i ^S 1'@I1~8e$ s ~ *E~.;ti"$ t, • i~ - °..t e ~C's4 a_.jr~y q`-s~N yl-,~"'~:~ •1,1i~ 'R"' :' John I. Turner and yEditha Turner.. a- .5.7. a7~ -;^.re~^~3t; - ~r`.: ' ' _ Joanne E. Sheppard a 10.7325$ iaterest;~ - John Terence _'urner a 10.7325$ interest, ~_ ._ ,,.. : ,:. .r . = N. .,v, Thomas Joseph Turner a 10.7325$ interest; and Leslie E. Co_e a 10.7325$ interest, to the Grantee, Turner Farm.y Partnership, whose address is: : 1300 Sunrise Rim Road, 3oise, Idaho 837C5, the foli•~•rinP describ•:~. . ~: r. premises in Ada Coun.~:. Ida`:o, to c~i*_: A parcel of :and in te.' SEl/y ~:i/4 of Section 5, .. 3 IJ. , R. 1 E. , ~.I. , Ada ~~ County, Idaho, being sore pa^c__ularly g descri._d as fcl?~ws: Y ~. ;:. Eeginning at the sec`io~ corr~^ co-.-on to ., ~. Y ~ Sections S, 5, 7,. a.Zd d, _. 3 cl., .°.. 1 E., " Ii."I. , which corner is r..ar~cea b,r a brass cap n High:•:sy tto. 3J and is 21.? :nt_t ~ h South of *h_ center lire cf said ::igh::ay s tdo. 30; tY~...ce .tort*: 83°3~'3C`= East aloZ;; the seetior. line cn.a.::c:~ to ;i~_c~i^^ S ~ '" and 8 a di~-ance ~` 17~5.7u fee'; tt~ance ,.' i~'orth 0°07' East fi3_55 `e.t to t're Real ~f. Place o_` Be-=irtniag; :::::c:z _ .al pls _e of 4, beginning i s at an into r~ec:°_cr. or the - 47esterly b~•sr.dary of the SE1/~ S:•a/4 of .. Section 5 with the ::ortherl;r bou.^.dsry of the right cF way of iiigh:~ay i:o. 3ii; thence South 89°5~' East along the :IcrtZerly (.- :y boundary o= the rig::t of way o: uic::way ~ ;10. 30, a dista:.ce of 746.7) feet; thence I~orth 0°02' East 339.1 feet to a steel stake; t:~e:c.e t:orth 5JO1_5' ?test 3e4.0 feet ;; to an into-:.ection with t a •.•:esterll- °' - boundary c' said SE1: '+ S:a/w; the :ce Scrat:~ _ '° ~ 0° li' West 31oag th~v: •~s rE^_~: 5oe:rdary ~' of said Sr:i 4 s.:l/~t 753.2 feet to the R1:r~E. PLACE t)F _'^,I:..:I:iG. E CiP; . _ ..trii. to : _°•:et ::i=~ sa- , t`.e • ^ .. lice e^ roe:.. :;u^c ~ yes . entire ;rie.- • - - ~ SIBJEC_ :. a Deed of ':r..~ _ -~~_ t:.n 7th ~ . day Of A4r•:mot, 1373, bf a:d ~a^:?~Z John J. , ' Tuz•ner an. 'v'. Ed'_t::a i!._ ::^, ..-~.:3^:; and e FS ~ ~ 4 C' ~~ _ T' " ~d~tap `~p wvr?~~Ot~l,t~~Y`tl ~ ~ SItd`~ThBSa r~a,~i.~'~L•+i :=a~- +-sw~.-"sr ~;<~,`~°~t~' •~rt~ ~.• CO O~'3t 8~e8 ~ o ira National ~anb: ,,,N...A., Baise, j ~. ,~.: a~aa6c~"` `a~ox~e ;pugusti~30 ~ ~ _ ' tea . ~' az ' ' cord's`•~`• y.~ ~~. h"~i/:. '1.~ ~. - •<AND`'~TO ~ OLb er ~' ~'eiai"ses,~~ a th ~~;k. sL. . ' `essors~~an~~ ~o ever°.'~ ~• an ee• s cc f "~~` -~~ c ~ w.. to -d ~. eref~)ia, eaiiiit ~~ d With~the ,saLd _~~~'~ s ~,.-~;~'~.;~•- 6`ra~~ea~ .hey are ej~owner ,~in;Mgeesimple of. said, premises.;., ~ , ~~ ¢ - -tF`iat they are free fro~i all` encumbrances except current taxes and ""-assessments,°.and that they will +rarrant and defend the sane from . all lawful. cla~.ms whams soever. ~ - ~~/~[1Vy{/'' ~.. ~~~ ,~.}:~ ' ~ .Li .. ~ 1976. • `~~ ` I.i1 ~4.~I~ . •..O ~~~\/V • I.~LGy Y-i 4• ~ ~ L/•~f ~~1. j/_~_~1.~/! r.~/-~ ~ ~I i•f -~/` / ` / ~ / , A ~ . ~" V - ~-STATE OF IDAHO ) _ ss. County of Ada ) r ,. -. Jj ~=~. On this _4 ~~ day of Sanaary, 1976, bs'ore >r~, the undersigned, a notary publiq,in and for said State, per,:onally appeared JOHN J. TURNER and x'DITIiP. TLt?::ER, husband and wiie, kno:•rn _ _ to me to be the persons whose names are s!•`~scrihed t-o the foregoing a , instrument, and acknowledged to me that they exec::_ei :he sa^:e. -'~'~ ItJ WITI'IESS WHEREOF, I have hereunto set rr.•/ hand and a, ~ _ affixed my official seal, the day and year in this certi:icate_ '" first above written. -~ -"l ~ •~ ~ - '~ ~ ' .~:'~. ~" ~~i! Wit:: __. _ _ ~.,_ ,r,-.. ._ _ _...___ ......_ .o ary Public Por Idaho -- '' ' ~ Residing at Boise Idaho - 'STATE ,OF.'WASHINGTON ) _ - .. ;Count_ y of JrCt~'~ ~ ss. ~ ~ '~ • On this ~~ ~~ day of ~/,-i'.~C 4~! ~~!~ before me, the undersigned, a notary pub?ic in and for sai State, personalty appeared JOAt1idE E. TURNE.°., knovrZ to ue to be the ~.•_rso:~ er:~osc~ na:=e $'~ JO~1:iE E. TUICNEFt SHEP°ARD) - 2 - ecuted the--same. _ _ _ _ . ~ ~au~l.-r. ut waanuvuiww ,•i._ ~„ ~..c-~ ~ ~ ~•, e; ~r~ ~,. t- ._..... ~`~ ~`~ County: of _~7t ) ., ~ ~.r ~ - _ . /~ . ' uh 3 ^~:_ -- ~ ,~/ -da of ~'~. •' .'-GG~~u~ , •,before me, ` - On•t s Hof ~ y .~:_•~~rs:~,ahe:,undersigned, a notary public in ~ n or sa~'~'State, personally `°~°'~~' ~ .;`appeared JOHN TERENCE TURNER,: known to me to be the person whose :===name-"is` subscribed to''the foregoing. instrument, and acknowledged ;~?'° s;~~^to• nee~`~that he ~ executed the same. ` ~ - -` ~ IN ~IITNESS WHEREOF, I have hereunto set my hand and ;.E,. ~tf~fixed my o,.ficial seal, the day and ye~ in this certificate first • - above Gtritten. ~ ~~ ~ i :: ~~' of pry Public fdx• a§ gton ` ' `, , Residing at „~'2,x.~./ ~~' 4JA ~ J` STATE OF IDAHO ) ss. County of Ada ) On this %- ~~ day o: 1 ~?'~~-''Zc.d~.~ 1976 , before me, the undersigned, a notary public in anti For said State, personally appeared THOMAS JOSEPH TURNER, known to me to be tl-.e person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and . affi;ced my official seal, the day and year in this certificate first =- above written. .... ~_ai-..,...5 - .. ~ l ." otary Public for Idaho • Residing at Boise, Idaho STATE .OF IDAHO ) ~- ) ss. - - ""- County of Ada ) l ~~ day of 7';~L-i~ 1976 before me, On thi3 the undersigned, a notary pub] ici.n an~ nor the said ,S'tate, persona=. ~ y appeared LESLIE E_ COLE, known to tae to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that 3 y, ~ ~ r ~t ~_•- _ - i .i . sv} ,~, - ° ~ ~ ~~7'~tr ¢~ 'ti~'37e :', ..- -fie .cr ~k.'~ '~ 14i"'~ i +7A°'1 y,~^~,~ :: - `k P,~~tr'~ Ti....~~~1: D.c.- . ti<.a7? _.~L.'.c" .. ~ ~.. to-• •-_. 1. r•~ - 1 t` r? ~..-~fV+f : - t~ _ , sur as i_;.:~; r.:'•.:r: c' ;^:.. i~~ tar rec:c•: ^;n >r/r~ ~S~ ~o [. ~ ... .Y•~';yaf..~ . . • COMMITMENT FOR TITLE INSURANCE s SCHEDULE C Fis Number: P115896 The land referred to in this Commitment is described as follows: A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE i EAST, BOISE MERIDIAN, AOA COUNTY, IDAHO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION CORNER COMMON TO SECTION 5,6,7 ANO 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, WHICH CORNER IS MARKED BY A BRASS CAP IN HIGHWAY N0.30 AND IS 21.2 FEET SOUTH OF THE CENTER LINE OF SAID HIGHWAY N0.30, THENCE NORTH 89 34' 30° EAST ALONG THE SECTION LINE COMMON TO SECTIONS 5 AND 8 A DISTANCE OF 1326.70 FEET, THENCE NORTH 0 07' EAST A DISTANCE OF 60.55 FEET TO THE REAL PLACE OF BEGINNING, WHICH REAL PLACE OF BEGINNING IS AT AN INTERSECTION OF THE WESTERLY BOUNDARY OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5 WITH THE NORTHERLY BOUNDARY OF THE RIGHT OF WAY OF HIGHWAY N0.30, THENCE SOUTH 89 58' EAST ALONG THE NORTHERLY BOUNDARY OF THE RIGHT OF WAY OF HIGHWAY N0.30, A DISTANCE OF 746.70 FEET TO THE WEST LINE OF THE PROPERTY CONVEYED BY DEED RECORDED UNDER INSTRUMENT N0.9208018, THENCE NORTH 0 02' EAST A DISTANCE OF 338:1 FEET ALONG SAID WEST LINE TO A STEEL STAKE, THENCE NORTH 60 15' WEST A DISTANCE OF 864.0 FEET TO AN INTERSECTION WITH THE WESTERLY BOUNDARY OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, THENCE SOUTH 011' WEST ALONG THE WESTERLY BOUNDARY OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER 763.2 FEET TO THE REAL PLACE OF BEGINNING. END OF LEGAL DESCRIPTION _. :. ~ . ~ o ~ . ~ ~, ~ cc ~ ` _ HIS/ Of.:. ii V ~ N W 0 y ~i N W ~ o h 'a N • ~ M/y~ W 0 V ` O 9 ~ ~ ' k Q 4 0~ ~ ~ - - ,o ~~ - ..~x ~: ~~ oD~ ' ~~y} ~~ 0 ~ g. • c~ 0 ~~so~ $~ m ~, ,: e Q ~ ~, . y : s ri N~ a r w 0 ~ ~ 0 AV! •.°+ ~: tD • QO ' ~ :^ ~nl ~ O y~: ~ - .~- s s z 1 + S EA C- , • _ - oLENLOCH T. 3 ~ '~ - . ~3 12 II 9 / f 1 ® ~ # _ 8 ~ E. LOtMMFA00M CL ~ ~; •- ~ 4 ~ ~ _ - s s s 9 to o • - _ ~~ 9 .• o r~ Is Is 19 + J 12 E KATELYN OR. t=le 19 zo al ~ T 9 3 s a ~ E. W 4 T1 q GREEN MEAOOW 2 2 _ X 0 11 CT. le ID I+ • 13 I 1 ~ 9 10 3 2 5 L~ W .~ ' Z 2 C ~ /ZZ/G12 is 14 ~3 W t3 1 C I ROSE ~ z E CHATEAU OR. 17 ~2 ~ 29 2 11 v ~ ~ -_ - / 3 4 21 S 19 IR ~ ~ Q ~~~~ e ~ 7 d 9 10 ~ 26 Z Ls• ;00~ ST. 23 2 O' r+a ?~ 21 ~ 2 ~ G 24• • :' ~6 l° 22 23 L1~ ~ .i !il s ~ I!I 2~ Z W a ; 19 20 r ffi -. C s REST ST. :.~K 1 ' z s s s M' ~ • v • F~ - ._.~ . ~ ~ - -.~~ ~~ ~ ~ ` . a r s~. . 3 .or - -. aQ' ! .lei x~ ^,,.~,.,:,,, ~ ii=. - fi' _ _ - s ~ _-~., :~- --- ~. ~, ~: - •~-- =~~~ ~- FDA PLJIN~pC ~M SEP 1 51992 __•. - --,. ., _ ~ ,L ~ g-~-_~, ~~:,,, ;,, _ - _ ---__....__ ~ ~-~..-e_,~ .. -_ ~_-.---- ;.~_~_.._ .._.r_ - __._ ~ ~ ~• I ~ , ya 4 ~ .a e ~ 1~ ~ n .. _. q ._..,I....._.. n.. .rl I t .i a u.. a ~ •~ ~ •i ~. ~~~ ~~ ~~ •~ .. ~ \,~ .. . I ---- --• Y -_ . • '' ~ / I~ vi o ~ ~ I :I I ~ z ~~! ~ ~ ~ _ ~ ~' ; ..~1 ~~~.! --- .,. • • PROPERTY • THE WINDER COMPANY Commercial Real Estate Brokerage First Interstate Center 877 W. Main St., Suite 610 P.O. Box 7387 Boise, Idaho 83707-1387 Telephone (208) 343-2300 December 8, 1992 Mr. Jack Niemann City Clerk City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Deaz Mr. Niemann: Enclosed is a Conditional Use Permit Application for Westside Bible Chapel to occupy the front portion of the building at 2040 E. Fairview Avenue containing approximately 23,850 squaze feet. Also enclosed is a floor plan of the existing building which shows the current tenants. Westside Bible Chapel will occupy Space 1 and Space 2, which consists of 6,400 squaze feet, under the zoning classification of CC. The balance of the building will be occupied with the existing tenants, under the zoning classi5cation of CG, as follows: Space 3 - New Hope Christian Church Space 4 - J.L. Williams Company (J.L. Space 4) Space 5 - F & L Boats Space 6 - Mighty Auto Space 7 - Boise Ice Company Space 8 - Time Step Dance Studio Williams will relocate from Space 2 to The proposed uses will continue to be the same as existing uses with the exception that J.L. Williams Company will relocate from Space 2 to Space 4. Roth Crafts will vacate Space 1, therefore allowing Westside Bible Chapel to occupy both Spaces 1 and 2 for their future use as a church. With the residential growth in the Meridian azea, the subject property provides an excellent opportunity for mixed use of retail/commercial aswell asthat portion of the property occupied as a church. The church use will primarily be utilized on Sunday and evenings, which will not impact the retaiUcommercial uses during normal business hours. If you have any further questions, please feel free to contact me. Sincerely, 4~ amen L. Boyd l Executive Vice President Enclosure JLB/kmk JLB1204C.LTR • • CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME : Westsi de Bi bl a Chapel C/0 Mr. Alan L . Kester PHO~ 377-2808 ADDRESS : 2040 E . Fairview Ave . GENERAL LOCATION: N.E. Corner of Fairview and Dixie Lane DESCRIPTION OF PROPOSED CONDITIONAL USE : The proposed use~~ i s to occupy approx. 6,431 sq.ft. of the 23,850 sq.ft. building fora church use. The balance of the building will continue the same uses that presently exist. ZONING CLASSIFICATION: CC PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards. LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by - for the property generally described as located at BLOCK TO SUBDIVISION LOT NUMBER • • ~~ o U n ~ Q .-~ CI N F" ~ O~ U c ~QN ~ .o U a~U ~ U = QN R:v~6V a Q G =.1 U U o ~¢N _ ~ V ~c~ a:r i ~Q A o ~ t~~, ~O P, v~ O ~ O~' ~ ~ ~ x 0 x ¢U aV„ N O Q. to .t'8££ UU ce ~ R. I° Z' £9L ~- -- ~T 0 e • November 24, 1992 • OWNERSHIP ANALYSIS FOR REZONE PROPERTY TO WEST - 1600 E. Fairview Parcel #S1105336400 36.10 acres 150 Owner: Osborn (Ozzie) &Stenberg & Shirley G. Stenberg 3600 Greenbrier Boise, Idaho 83705 (343-8130) PROPERTY TO NORTH Parcel #S1105346800 23.72 acres Owner: Jerry P. Rodman GO David Suhr 10608 Cruser Boise, Idaho 83709 PROPERTY TO EAST Parcel #S1105346715 5.85 acres Owner: Sara L. Ewing 1500 Eldorado, Suite 4 Boise, Idaho 83704 PROPERTY TO SOUTH (Pleasant Valley Subdivision) LOT 1 Parcel #87104250005 Owner: Jess J. & Pilart Agueda Cortabitarte 2365 E. Fairview Meridian, Idaho 83642 • PART OF LOT 2 (Northwest Corner of Lot) Parcel #87104250450 9T x 445' Owner: Lorraine J. Thompson GO Patsy Donahue 2295 E. Fairview Meridian, Idaho 83642 PART OF LOT 2 (Balance of Lot) Parcel #87104250250 Owner: Steven K. Hoppe 2325 E. Fairview Meridian, Idaho 83642 PART OF LOT 3 (Northeast Corner of Lot) Parcel #87104250950 Owner: Arthur W. & Ruela Edwards 130' x 170' A & R Green Thumb 2255 E. Fairview Meridian, Idaho 83642 PART OF LOT 3 (Balance of Lot) Parcel #87104250500 Owner: Arthur W. & Ruela Edwards A & R Green Thumb 2255 E. Fairview Meridian, Idaho 83642 PART OF LOT 4 (Northwest Corner of Lot) Parcel #87104250960 130' x 170' Owner: Arthur W. & Ruela Edwards A & R Green Thumb 2255 E. Fairview Meridian, Idaho 83642 PART OF LOT 4 (Balance of Lot) Parcel #87104250500 Owner: Arthur W. & Ruela Edwards A & R Green Thumb 2255 E. Fairview Meridian, Idaho 83642 U PART OF LOT 5 (Northeast Corner of Lot) Parcel #87104251200 95' x 306' Owner: D. L. Carpenter General Delivery Priest River, Idaho 83856 PART OF LOT 5 (Balance of Lot) Parcel #87104250970 Owner: Dee & Helena L. Lowe 2115 E. Fairview Meridian, Idaho 83642 PART OF LOT 6 (Northwest Corner of Lot) Parcel #87104251800 100' x 450' Owner: Charles C. Harvey Jr. & Karin L. Hagan 2065 E. Fairview Meridian, Idaho 83642 PART OF LOT 6 (Balance of Lot) Parcel #87104251625 Owner: Harry R. Jensen & Mary Lee Jensen 2075 E. Fairview Meridian, Idaho 83642 LOT 7 (West Side of Lot) Parcel #87104252870 Owner: Lawrence R. Tuclcness Et Ux 1915 E. Fairview Meridian, Idaho 83642 LOT 7 (East Side of Lot) Parcel #87104252500 Owner: Ted & Tressie F. Snodgrass 2030 E. Fairview Meridian, Idaho 83642 • • LOTS 8-17 Pazcel #87104253291 Owner: Roger C. Crandlemire 1400 Floating Feather Road Eagle, Idaho 83616 JLB1124A.FRM • 1 ' • I E T ~ I ~ Q I ~ a ~ TffAU A S I ~ ~ ' 3LENLOCH T. 3 2 13 12 II 9 2 !/ I I ® ' 9 1~ 8 E. LOCHMEADOW CT. i~ 4 ~ ~ T 6 7 8 9 10 11 9 ~ o - -~ -- 8 9 t0 II 4 S 6 13 14 IS ' ~~~~~ 20 2I 4 ~ a 12 E. KA TELYN DR. IB Is A T 9 3 ~ 3 E. ~~ q GREEN ME ADOW 2 2 W X 8 I I 4 CT. ~ 18 IS 14 •13 W 1 I 9 10 32 ~ ~~~ Z 2 a I /zz~~2 15 I 14 ~3 W t3 `` I IosP 17 ~z °- 3 E CHATEAU DR. L ~ za 2 II ~ _ ~ O 3 2 4 S 19 18 S ~ '7 2 Q 9 10 J 25' Z )0~ ST. 2s~ ~' 22 23 Iy -~~. 21 N Q 24 16 I' 22 23 Yt+ ;~~ Z~o IP 2~ Z W a J" Q ~ KCREST ST. 3 I < I IT. TIiF I+`~ • is .~ Q RT ivgr-- ~~~ - _-_ _ __-_. - --- __ f ~T A ~~ A ADA R~ ~1SSQpA1~9N SEP 1 51992 C/TY MER/D _. , ..h. ~• ~. .. .r ~j~ f.. ~~I-: -, /•~ . /' I„• !.~ 'y: • • TI11S Sketdt IS ~ location pvrpose8 ~. ~ ~ •r ~ ~, only. The Company assumes no it FfONEER TRLE COMPANY of Ada County ((..... ,.. s> EEC ~ - ~ °~ - -.~.. ~s~+ _~ tr ` ~ r 4 ~~ ~ ~~~ i t '^~ ~ ~ ~;~ a,, x.ti.,~~;"s.sr~R'. x'w w ~•x- -_'~i'~'p uiy ~ip`~" ~~'~.. ~~ ytsN~.^ysy.~ r tf M~`~ t 3;;f s"t rte. ~ ,- ~ ~ ~' ~; . - 1~R-1 ir:+rt~k'i"' >~.'.. Z. .~ ~i M ~y iy~~ k`~~_ _ uIq _ __ '~ R w4 ~ ~ . Yt y i, ~pL Y.- ~_ ~~ # .. } ~ ~ Sx ~ 'Y fir, { +~` a ; ,; ~1~ta1^"~~!~~w',,.~~ .t~ -ss -t ~ y,'- ;a~~> "sr' ~!.yt ,i .' ~,~.'~~e. •~, "'fi'r' t y y~ ~= ~ ~ ._ w '. r ~ .!tom'"'°~. ~ _ v ~ tR~ ~ .. ~ ~ a ~{ ~: ... '4 ~ - .FP. a fi; ~= .q 4fi ~= t~ -r ~ ~ ~~ ~ x ~f ~a' -~•Y`a i .p ~ny~~ ~• A _. .. .. ..- I_ ~`H b"r ` ~ ' ~ ~"+ ~~~' o tor ~ 1 `~ - -} A s ~..x r. i '{~ _,4% „cLz-. ~. :__ . _ _ ~ ~. ~ -r ' 1 + - k~ -.. t .~ .. ~ -.._ . ~ . a I o~ eA 9 .• 6LENlOCH 3 ~• 13 12 tl 9 2 / H 1 ® ~ "~ e _ ~ - •~ d E. IOCMMEA00 M CT. 4 ~ 7 - s T s 9 to le ~ - .• o .I~l a 0 b 13 14 IS •`N~1~~~' 8 9 10 11 ' 4 ~ la E. K ATELYN OR. - Is 19 20 21 A T 9 s 3 a T E. W 4 'rr , cREeN MEAOOw a 2 x a " cr. ~ c 3 Is Is Ia 13 I 1 9 '~ 5L $ W Q z - 2 , I /z2/~2 IS 1 I I 14 ~3 W C3 _ r• C 2tOSE I z E CHATEAU DR. 17 ~2 ~ t8 0 2 ~ S 19 18 11 ~~++ i v ~ 27 - - • ' 3 s NNNNN~' ~ Q • 7 d 9 IC J 2S Z 2 z3 ~+ z '' 18 IT 22 23 ` L4~ rit -' . is y0d IB 2 t ZW ~ ~ Z ' s x 3 ,_aKCREST ST. ~ ~n "d. <' z s a s ~ . 'p O ~® ~ _~ - _ - Yy 'T.. ~w~,:.. r. ,_-...- .~~,~ ~ -- _ - ~rP. i ~A PIAMAIINC ~oaarron CEP 1 51992 • • December 7, 1992 Information for Conditional Use Application 1. Name, address, and phone number of app. hp 'cant: Westside Bible Chapel, c% Mr. Alan L. Kester, 8080 Boulder Drive, Boise, Idaho 83709 ph. 377-2808 2. Name, address. and shone number of owner: Turner Family Partnership, c% Mr. John T. Turner, 173 37th Avenue East, Seattle, Washington 98112 ph. 20b-325-9073 3. Legal descri tion: See enclosed legal description of property 4. Proof of Ownership: See attached Warrantee Deed 5. Description of existin use: See attached letter 6. Present use of subject property: See attached letter 7. Proposed use of subject property: See attached letter 8. Vicinity map: See attached vicinity map of the property 9. Characteristics of the subject property: See attached letter 10. Mailing addresses of property owners within 300' of subject propertx: See attached mailing list representing those owners who are within 300' of the external boundaries of the property being considered for Conditional Use. JLB1207A.FRM ,' • COMMITMENT FOR T~E INSURANCE SCHEDULE C Fie Number. P115896 The land referred to in this Commitment is described as follows: A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION CORNER COMMON TO SECTION 5,6,7 AND 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, WHICH CORNER IS MARKED BY A BRASS CAP IN HIGHWAY N0.30 AND IS 21.2 FEET SOUTH OF THE CENTER UNE OF SAID HIGHWAY N0.30, THENCE NORTH 89 34' 30° EAST ALONG THE SECTION UNE COMMON TO SECTIONS 5 AND 8 A DISTANCE OF 1326.70 FEET, THENCE NORTH 0 07' EAST A DISTANCE OF 60.55 FEET TO THE REAL PLACE OF BEGINNING, WHICH REAL PLACE OF BEGINNING IS AT AN INTERSECTION OF THE WESTERLY BOUNDARY OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5 WITH THE NORTHERLY BOUNDARY OF THE RIGHT OF WAY OF HIGHWAY NO. 30, THENCE SOUTH 89 58' EAST ALONG THE NORTHERLY BOUNDARY OF THE RIGHT OF WAY OF HIGHWAY N0.30, A DISTANCE OF 746.70 FEET TO THE WEST UNE OF THE PROPERTY CONVEYED BY DEED RECORDED UNDER INSTRUMENT N0.9208018, THENCE NORTH 0 02' EAST A DISTANCE OF 338.1 FEET ALONG SAID WEST UNE TO A STEEL STAKE, THENCE NORTH 6015' WEST A DISTANCE OF 864.0 FEET TO AN INTERSECTION WITH THE WESTERLY BOUNDARY OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, THENCE SOUTH 0 11' WEST ALONG THE WESTERLY BOUNDARY OF SAID SOUTHEAST QUARTER t~F THE SOUTHWEST QUARTER 763.2 FEET TO THE REAL PLACE OF BEGINNING. END 01= LEGAL DESCRIPTION r - ~ s r,. ~~,. v' r ,•. ~ .. , :'', • • This Sketch is for kttxtion purposes .ri. 3 N '~' ~ ~, only. The Company assumes no IiabrT v ' PIONEEEi T~f 1.E COhIIPANIf ; _ of Ada CaudY _..____,_ ,. , P^ _ ,,...,., ~..~ .. i ,~r•a' : ~ .~' ~. . ~., i- _. .,. ~-I~i'+ais~~_ rA..mZ.ges. r~ t : ~'"~ .~ -~+a ~ ~~_i?7"~'9i ~ ~ .~iY~+~i ~~N - ;a 2~"y'~"" ~-(.`~~.'F'~' ,? ~.. ~c:.'y _. ~~ ~ f. ,7y ~+ ~..•..y~a Ai :fem. ;''~ic. "' . `x.~ a ~. q~~7r:~.... r., . ~~.- -_._ ~.t Cf wt nom. ' John 1. Turner and yEditha Turner- a =5 7.07$. e_ st . . ` Joanne E. She _: _,.. _ >~ - ppara a 10.7325 iaterest,t.. _ _ ~ ,•~ V,., John Terence ='urner a 10.7325$ interest;: T Thomas Joseph Turner a 10.7325$ interest; and Leslie E. Core a 10.7325$ interest, to the Grantee, Turner Fami'_y Partnership, whose address is: 1300 Sunrise Rim Road, 3oise, Idaho 83705, the fo'_i•~•rinP descriL•:d • l+ 4: .~ t premises in Ada Coun~.~•. Ide`~o, to wit: A parcel of .and in t:.' SEI/+ 5:•i? /4 of '. Section 5, .. 3 Id. , R. 1 E. , 5.I.1. , Ada -~- County, Ida`., being core particularly ~` descri::_d a~ fcl'_~ws: • • Eetiinning a_ tY:e sec'io*+ corn~^ .co-,won to :.d ~ Sections 5, :~, 7, azd 5, _. 3 i., .°.. 2 E., ~ E.K., which corner is r..ar~cec i~,r a brass cap ?n High:•:3y Ito. 3J an3 is 21.2 feet . Y South of t::a center lre cf sai3 1'sigh:.ay tio. 30; tY-...cE ::ort?: 89°3~'?0" East alone ^ ~: ~. line cn-~.:.cn to Jectif+^ ; 5 the sectior. ~ ''- ~ ~ and 8 a dis-:ince o° 1_'25.7:, feet; thence ' t~'orth 0°U7' E3st 51.55 .e.t to t're Real ~. Place of Be~rinniaE; whic:~ r.al pls_e of _ ~~~ beginning i, at an intersectic: ar the 'rlesterly b~sr.dary o: the SEl/C S:l1/~ of ~:. ~. Section 5 with t're ::crtherly boundary of • the right c_` wa; of iii:~haay I:o. 3u; thenca : South 89°55' East along the tortherly ;~.~' boundary o' the rig::t of way o: uivhsray t iJo. 30, a vista.^.ce of 746.7 feet; theZCe I•lorth 0°02' East 339.1 feet .o a steel :- stake; t::e:c:e Borth 50°15' Jest 86.0 feet to an intcr:;ection with t a i7esterly '-' - boundary c` said SEl:'~ 5::1/4; t'r.~ace Sout`- _ 0°li' Wes: ~lozg the 1:.^tE^_. Sourdary of sai~ ST:iu 5::1/4 753.2 :ee~ to the Rf::~i. PLACE OF _~~Z:::II:iG. - I:::CEY?• _ ..tr:p t_: :eet :ri:~ a:~. t`.e • ~ ` sice .cr roa.. : L': ^ ~J.~i... 'riz, • entir? ~: • S:JEJEC: T. a Deed of Z^_s _ -~__ r:.' 7:h [•. " day of Au= :st, 1373, by a: ? ~e=.:?e1 John J. E Turner a:._ °1. Edit::a T~,^: ~^, ~.~,::3^~.; and ` _ i _ ;, s C Ea E .: r' j. ..~:~: `~ -- - - daho cotcpoi~atioA;""trustee, ana -rne ~- -_. •- _ - .-- - daho ira National, dank • N....A. Boise, ~`, ~~„,~ a ..~. ?~ tittmiea ~ ~'N ~; co . ~ , ci~n ~. F ~ ~ -ter ~~~. ~ f ~'AN!?'~TO OL1y ati remi`ses~-~o-r~ .~,th ~•' ~~.-.' -."~`'. .. v.~; .t - ..+ ~. ~' ~d:' an ae• cce`ss~ ss o ever':,x ~^s"_: 6 ~~ J 6. - •~ auto -- do• ere~~i~~ enaiRt~~o,~and'fi~ith'~~he ' aid ` ~~~'~ s~° . gr ea' he_ : are > hekaowner :~ee~i~ple ofrsaid: prem~.se , ry~~',c7I! ~, ~"~'- 4` ; z-t;aat` they are free from' all_ `encumbrances except _ current taxes -and - "••assessments,°and that they•wilh .tarrant~ and defend the sa>ze from ~• ' V~`all lawful claims ~wha~ soever. ,. - _,C`5~;;:DATED _ - /~'-s 1976. - ..... -..,.. - ° 1 p/ ,l(~ ~- '`_ ~ / , Lam' 7 • LG ~ ~- . ~ •_~~ . V - ~'STATE OF IDAHO ) _ ss. County of Ada ) ~ ;; _ On this ~ day of ~nua y, 197E, be=are rye, the . . ~ ~~ undersigned, a notar- y publ r„ in and for said State, per.:onalZy appeared JOHN J. TURNER and xDITIiP. ^t Lt?.:~R, husband and wile, kno:-ra ,, to me to be the persons whose names are s~-`~scribecl to the foregoing , instrument, and acknowledged to me thst they eicc::~e1 the sac:e. IP! WITPlESS WiiEREOF, I have hereunto set r../ hand -and affixed my official seal, the day an3 ~ea^ in this cP^=ificate ~'"- first above written. '~ •"z ~ r a° s ~_ _.-- • .~, +' ~ •~ %~ Wit'. , . __. __ .-._... ,-. •. _ ~_._ .._.. ___. _........ ..o ary Pu he for T_daho :- '` Residing at Boise, Idaho . •' STATE ,OF.~WASHINGTON ) .~ _ - ~ County of i~Ct?• )~ -= .. ~ On this ~~ ; _s day of ~"/~s'..~L <.~ ~~ c/ before me, J`;.~ ~ the undersigned, a notary public in an for sal Sate, personal~y I appeared JOAIINE E. TURNS°, kno`rz to me to be the p=rson ~rhose na::e $'xa 30.1cME E. TUlCNER SHEPPARD) - 2 - the same.. _ _ ~ ro~EC ~' County of L'1't ) _ .; _ _ . ~ `~ ~: .: 1~~~' ~ 'P ~ On ~s ~~ -day of ' •' r~t•G~lu ,before me, . _~x:_~~:S:~,the:.undersigned, a notary public s.n ~ na oar said' tate, perso:~ally .appeared JOHN TERENCE TURNEit,:known to me to be-the person w ose "-''•name ,~is: subscribed tc~the~•forego.ng_ instrument, 'and 'acknowledged ,`^=~'fy'°to' ine-:-that he'executed the same. -~ ., .. •: -:- - -~ IN ~~ITNESS WHEREOF, I have hereunto set my hand and `'. ~f~tixed my official seal, the day and ye~ in this certificate first ~•'- above taritten. C ~~. s _.. •~, i '.; ot,~ry Public fd7r ~v.ngton ' ' ~,• Residing at ,y2yL..~ . E" 41A . a~ . STATE OF IDAH~~ ) ss. County of Ada ) ~ ~~ , On this ~ ~' day of ~ ~~1:-~•, X976 , before me, the undersigned, a notary public in anti for said State, personally appeared THOMAS JOSEPH TURNER, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. ' IN 41ITNESS 4JHEREOF, I have hereunto set my hand and . affi;ced my official seal, the day and year in this certificate first =~ above written .• ' •' ~ '~ - _ - otary Public for Idaho - - Residing at Boiee, Idaho ~- STATE .OF IDAHO ) • ~"• ' County of Ada ) On this ~~ day of~~:~•i~ 1976 , before me, _ _ _.t:1s undersigned, a notary public in and ror the said State, persona:.iy appeared LESLIE E. COLE, known to ms to be the person whose name is - subscribed to the foregoing itstrument, and acknowledged to me that - 3 f~ r ~ .F ~~' .. l ~~ . ~..~ . ~~=~:~; a 1' ,. y - - Y ! ,~ x ... ~ ... ro .. .. - ...G ~4'. 1, tl{~}~,li.~. _ - ~ sur as s~;.a: r.-•.:r c-:,^:.... rem Mr recsd .: t`- ~:, 3c/~ ~~+ i W~----~ ~~~ ;` ~"' • • November 30, 1992 Mr. Jack Niemann City Clerk City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Dear Mr. Niemann: This letter shall authorize Westside Bible Chapel and Dennis W. Hicks to request annexation and zoning into the City of Meridian for the property located at 2040 E. Fairview Avenue, per attached Exhibit A. Signed: TURNER F BY: Lf/I/~C~ Joh carne =,~•°•• J ~+~ ~ i' _- ~~P.....,U~,~ iii, , I ~ r STATE OF ) v '"" ' pUBll~ _ ) SS. re N~~-~- .°. COUNTY OF ) `s '~'-, 605-~,-~`~~~_ •,..... °fa~ OF WASN~~,-- On this I ~ day of Qv ~,•~w` "`~~, 19~before me, the undersigned, a Notary Public in and for said State, personally appeared .~ o ft N T~t212 ~n~ ~u,Qi known to me to be the persons who executed the above and foregoing instrument, and said person(, acknowledged to me th he) (she) (they) 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 w 'tten. Notary Public f w ~ (state) Residing at g2 p-rt -~ JLB1130A.LTR • COMMITMENT FOR TI•E INSURANCE SCHEDULE C Fie Number: Pt 15896 The land referred to in this Commitment is described as follows: A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5. TOWNSHIP 3 NORTH, RANGE t EAST, BOISE MERIDIAN, ADA COUNTY. IDAHO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION CORNEA COMMON TO SECTION 5,6,7 AND 8, TOWNSHIP 3 NORTH, RANGE t EAST, BOISE MERIDIAN, WHICH CORNER IS MARItEO BY A BRASS CAP IN HIGHWAY N0.30 ANO IS 21.2 FEET SOUTH OF THE CENTER UNE OF SAID HIGHWAY NO. 30, THENCE NORTH 89 34' 30" EAST ALONG THE SECTION UNE COMMON TO SECTIONS 5 AND 8 A DISTANCE OF 1326.70 FEET, THENCE NORTH 0 OT EAST A DISTANCE OF 60.55 FEET TO THE REAL PLACE OF BEGINNING, WHICH REAL PLACE OF BEGINNING IS AT AN INTERSECTION OF THE WESTERLY BOUNDARY OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5 WITH THE NORTHERLY BOUNDARY OF THE RIGHT OF WAY OF HIGHWAY N0.30, THENCE SOUTH 89 58' EAST ALONG THE NORTHERLY BOUNDARY OF THE RIGHT OF WAY OF HIGHWAY N0.30, A DISTANCE OF 746.70 FEET TO THE WEST UNE OF THE PROPERTY CONVEYED BY DEED RECORDED UNDER INSTRUMENT N0.9208018, THENCE NORTH 0 02' EAST A DISTANCE OF 338.1 FEET ALONG SAID WEST UNE TO A STEEL STAKE. THENCE NORTH 6015' WEST A DISTANCE OF 864.0 FEET TO AN INTERSECTION WITH THE WESTERLY BOUNDARY OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, THENCE SOUTH 011' WEST ALONG THE WESTERLY BOUNDARY OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER 763.2 FEE Tt TO THE REAL PLACE OF BEGINNING. END OF LEGAL DESCRIPTION NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on January 12, 1993, for the purpose of reviewing and considering the Application of WESTSIDE BIBLE CHAPEL and DENNIS HICKS, for annexation and zoning of approximately 9.4 acres which property is generally located North of Fairview Avenue and East of Dixie Lane and generally described as the Southeast 1/4 of the Southwest 1/4, Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. That the Application requests annexation with zoning of general retail and service commercial (CG) for all of the property except the southerly 125 feet of the westerly 230 feet which it is being requested to be zoned community business (CC). Further, Applicant requests a Conditional Use Permit for a church, located in the Southeast 1/4 of the Southwest 1/4, Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. The property is known by the address 2040 East Fairview Avenue, Meridian, Idaho. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED thi~a`~~ day of December, 1992. JACK NIE~IANN; CI,~'Y CLERK i .. _1 i, .. 4. i ?~ ' . ~~~ •~ ~~_ _ m..:._ .........~......., ..~......_. _ _ _ __ `• ... .. ~ ~ €a ,._ ;. I ~ u a ~ 'I i. ~. ._~ .. _......I~..... d ... ~~. .... .'I . ~ ..~~ 7 D' G N C °, . C ~ I .. --......_.____.. .. _i • T i ~ i ~ '. a+%o~ . u~ •~ + . 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