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Home My WebLink AboutCherry Lane Baptist Church RZOFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKI EL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 0 HUB OF TREASURE VALLEY 0 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M'ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: June 3, 1997 TRANSMITTAL DATE: 5/21/97 HEARING DATE: 6/10/97 REQUEST: Rezone from R-4 to L -O for Cherry Lane Baptist Church BY: Cherry Lane Baptist Church LOCATION OF PROPERTY OR PROJECT: SW 1/4 of SE 1/4 of Section 2, T.3N, R IW Boise Meridian, Ada County JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NA -MPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U. S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 PROPOSED NAME OF SUBDIVISION:_L�, GENERAL LOCATION: -4.l 5 D LEGAL DESCRIPTION (ATTACH IF LENGTHY): See- OWNER(S) ee OWNER(S) OF RECORD: Ck pn ry L Rye. SA n1i_5 r CA krok PHONE: g%M ADDRESS: oZ 156 W i ,,b, APPLICANT: Cheryy bVe, 8Ag-r b'T " ij, - -rkks7ee PHONE: ADDRESS: Z/150 W, ENGINEER, SURVEYOR, OR PLANNER: 41/ A PHONE: ADDRESS: TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): C—A"_ ewC to 1 ACRES OF LAND IN PROPOSED ANNEXATION: �1 t-7 PRESENT LAND USE: C_A4lec�h, PROPOSED LAND USE: C Lx tc k- 0 D PRESENT ZONING DISTRICT: PROPOSED ZONING DISTRICT: Signature of Applicant J e,rr y 1), CsTcla • 0 ATTACHMENT TO APPLICATION TO REZONE 1. Cherry Lane Baptist Church 2150 W. Cherry Lane Meridian, ID 83642 2. Trustees: Don Lane (President) 7165 Joplin Road Meridian, ID 83642 Jim Jackson (Secretary) 10023 Skycrest Drive Boise, ID 83704 Jarvis Palmer 1502 Cruse Lane Nampa, ID 83687 Jerry Estep 939 W. Blue Downs Meridian, ID 83642 4. (attach legal descriptions) A. Par # 8759 of SW 4 SE 4 Sec 2 3N 1 W B. Par # 8802 of SW 4 SE 4 Sec 2 3N 1W 5. At present the two parcels in question are used as the location of Cherry Lane Baptist Church. A building of approximately 10,000: sq. ft. sits on the site. It also serves as a polling site for the city. 6. There would be no change in use. 7. Present zoning is R4, City of Meridian. 8. Proposed zoning is "Limited Office." 9. Characteristics of subject property which make zoning amendment desirable: The property currently has a building of approximately 10,000 square feet on site, and a parking lot which can handle over 100 cars. There is approximately another 10,000 square feet of undeveloped property between the existing structure and the parking lot. 10. Statement of necessity or desirability of development pertaining to the zoning amendment and harmony with adjacent development: The congregation has maxed out it's present facility and is in need of more space. Possible development would be along the order presented in the parking lot plan already approved and constructed. If the congregation decides to relocate, the existing property could become an office complex. At present there are new small businesses within one quarter mile of the church. In the future a Smith's grocery store will be at the next closest major intersection less than half a mile away. Development would then be in harmony with present construction. 11. Statement of how proposed zoning amendment relates to the City of Meridian Comprehensive Plan: The congregation believes that the zoning amendment fits with what is already taking place in the near vicinity of the church. If the congregation remains at its present location, use of the property does not change. If relocation is deemed necessary, potential sale of the property and new use would be much the same as current development. Statistically speaking, 92% of the time, another church will buy an existing church building. Obviously new churches are already coming to Meridian. ROBERT H. MC ADA COUNTY ASSWOR 650 MAIN ST. PARCEL NO. S12074,38759 BOISE, ID 83702 ADDRESS CORRECTION REQUESTED TAX CODE 0,3.., rr R—q CATEGORY DESCRIPTION LOTS/ACRES .^ MAq ETVAL �! 1996j,' 819 EXEMPT TAXPAYER'S VALUATION ASSESSMENT NOTICE TAXES ARE BASED ON THEVALUATION LISTED ON THIS STATEMENT IF THERE ARE ANY OUESTIONS REGARDING THIS STATEMENT NOTIFY THE ASSESSOR'S OFFICE KKK **TOTAL MARKET VALUIE** 364-2380 See the reverse side for further references 2150 W CHERRY KEEP THIS COPY FOR YOUR RECORDS PROPERTY ADDRESS YVyyyy�yA( X Mail To: CHERRY LANE dAPTIST CHURCH OF PAR #8759 OF 5W4SE4 2150 W CH5RRY LN SEC 2 3N 1W MERIDIAN IO- 83642.-1242 Ilftllltli,tflttllttlltftiff[111tltlfltflttitftlflfif1t11filll ROBERT H.M000ADE , ADA COUNTY ASSESSOR 650 MAIN ST. BOISE, ID 83702 ADDRESS CORRECTION REQUESTED CATEGORY DESCRIPTION 819 EXEMPT PARCELNO. 51202438802 * ' TAX CODE T03 k-4 • '! TOTS/AC ES I•I iY `•'" i M RK TVAI,I(IE it 996 1 046,+`� . _ TAXPAYER'S VALUATION ASSESSMENT NOTICE TAXES ARF BASED ONTHEVALUATION LISTED ON THIS STATI~MUff IF THERE ARE ANY QUESTIONS REGARDING THIS STATEMENT NOTIFY THE ASSESSOR'S OFFICE KKK **TOTAL MARKET VALUE** W CHERRY PROPERTY ADDRESS X PAR #6802 OF SW4SE4 SEC 2 3N 1W 364-2380 See the reverse side for further references KEEP THIS COPY FOR YOUR RECORDS Mail To: CHERRY LANE BAPTIST CHURCH 2150 W CHERRY LN1242 MERIDIAN ID 83642 01 0 NUBBLE ENGINEERING, INC. 7025 Emerald • Suite 200 • Boise, Idaho 83704 Proj.:90-119 (208) 322-8992 • Fax (208) 378-0329 2-1-91 REVISED PARCEL A DESCRIPTION FOR CHURCH PROPERTY TO BE DEEDED TO CRYSTALSPRINGS, A SUBDIVISION A PORTION OF THE SW 1/4 SE 1/4, SECTION 2, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the SW 1/4 of the SE 1/4 of Section 2, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a point marking the one-quarter corner common to Section 11 and the said Section 2, also said point being the Southeast corner of Sunnybrook Farms No. 1, a subdivision, as filed for record in the office of the Ada County Recorder, Boise, Ada County, Idaho in Book 44 of Plats at pages 3609 and 3610; thence South 89033146" East (formerly described as South 89033148" East) 663.87 feet along. the Southerly boundary of the said SE 1/4 of Section 2, which is also the centerline of Cherry Lane, to a point; thence North 0033150" East (formerly described as North 0033148" East) 25.00 feet to a point on the Northerly right-of-way line of the said Cherry Lane, also said point being the REAL POINT OF BEGINNING; thence continuing North 0°33150" East (formerly described as North 0°33148" East) 324.00 feet to a point; thence South 89033146" East (formerly described as South 89033148" East) 231.42 feet to a point; thence South 0015148" West 124.31 feet to a point; thence North 89 ° 33' 46" West 138.26 feet along a line Northerly of and parallel with the said Southerly boundary of the SE 1/4 of Section 2 to a point; Parcel "A" Crystalsprings, A Subdivision - Rev. Page 1 u Proj.:90-119 2-1-91 thence South 0015138" West 199.69 feet along a line Easterly of and parallel with the Easterly boundary of the said Sunnybrook Farms No. 1 to a point on the said Northerly right-of-way line of Cherry Lane; thence North 89.33146" West (formerly described as North 89.33148" West) 94.87 feet along the said Northerly right-of-way line of Cherry Lane to the point of beginning, comprising 1.09 acres (47,647.05 square feet), more or less. Prepared by Hubble Engineering, Inc. DMP/GLR/cros 725.des Note: Survey data was compiled from data of record and calculation data and not from a total field survey by Hubble Engineers, Inc. Parcel "A" Crystalsprings, A Subdivision - Rev. Page 2 ENGAfF�9� 0 • HUBBLE ENGINEERING, INC. 7025 Emerald • Suite 200 • Boise, Idaho 83704 :90-119 (208) 322-8992 9 Fax (208) 378-0329 PARCEL B DESCRIPTION FOR CRYSTALSPRINGS, A SUBDIVISION, PROPERTY TO BE DEEDED TO CHURCH PROPERTY A PORTION OF THE SW 1/4 SE 1/4, SECTION 2, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO 1-21-91 A parcel of land lying in a portion of the SW 1/4 of the SE 1/4 of Section 2, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a point marking the one-quarter corner common to Section 11 and the said Section 2; thence South 89°33146" East (formerly described as South 89'33148" East) 897.12 feet along the Southerly boundary of the said SE 1/4 of Section 2, which is also the centerline of Cherry Lane, to a point, also said point being the REAL POINT OF BEGINNING; thence continuing South 89'33146" East (formerly described as South 89' 33' 48" East) 362.62 feet along the said Southerly boundary of the SE 1/4 of Section 2 to a point; thence North 2'08139" West 224.92 feet to a point; thence North 89'3314611 West 353.17 feet along a line Northerly of and parallel with the said Southerly boundary of the SE 1/4 of Section 2 to a point; thence South 0'15148" West 224.69 feet to the point of beginning, comprising 1.85 acres (80,415.85 square feet), more or less. Prepared by Hubble Engineering, Inc. GLR/cros 717.des Parcel "B", Crystalsprings, A Subdivision • Sheet1 0 NAMES AND ADDRESS OF RESIDENCES AROUND C.L.B.C. 1 ORR, John & Michelle 1615 N. Kastle Falls Ave. 2 Fenix Construction Inc. 603 State St. Boise, Id. 83616 3 Retro Homes Box 386 Meridian, Id. 83680 4 HUARTE, James 1287 N. Santa Rosa Ave 5 Same as above 6 BENNETT, William & Pamela 1963 W. Silver Falls Ct. 7 Same as #4 8 BHD Builders 30200 Ranch Viejo Rd. Ste.G San Juan Capistrano, Ca. 92675-1560 9 ELS, Dennis & Helen 1964 W. Silver Falls Ct. 10 CLAMPITT, David & Cherlyn 1958 W. Silver Falls Ct. 11 MARTARA NO, Anthony & Lisa 1952 W. Silver Falls Ct. 12 VAN BLANKENSTEIN, Ian 1934 W. Silver Falls Ct. 13 MASON, Ted & Trudy 1941 W. Emerald Falls Ct. 14 FLOWERS, Carin 1983 W. Emerald Falls Ct. 15 PIERCE, George & Virginia 5105 Hillside Ave. Boise, ID. 83703 Page 1 • Sheet1 • 16 HARRISON, Gary & Patricia 9609 S. Timber Hawk Circle Apt. 23 Highlands Ranch, Co. 80126 17 MINSHEW, Casey 2349 W. Rainwater Ct. 18 RYE, Peter S. & Bok (Kim) & CHANG, IL K. & I (Kang) 2325 W. Rainwater Ct. 19 CRAMER, Diane 2303 W. Rainwater Ct. 20 LUNDGREEN, Kurt & Renee 2308 W. Rainwater Ct. 21 CARSON, Pamela 2326 W. Rainwater Ct. 22 BARRETT, Clare 2344 W. Rainwater Ct. 23 LIDDELL, Ivan & Marilyn 2362 W. Rainwater Ct. 24 SCHNEIDER, Larry & Tina 2359 W. RainFall Ct. 25 KENNEDY, Stephanie 2337 W. RainFall Ct. 26 PILCHER, Duane & Elinor 2317 W. RainFall Ct. 27 KEMMISH, Susan 2295 W. RainFall Ct. 28 MIZE, Melody & KISS, Gracy 2279 W. RainFall Ct. 29 LINAZASORO, Roberto 2251 W. RainFall St. 30 SLUDER, Richard & Dayna 2223 W. RainFall St. 31 SCHOONOVER, Douglas & JoAnn 2207 W. RainFall St. Page 2 • Sheet1 0 32 FOWZER, Lawrence & Susan 2189 W. RainFall St. 33 GAILEY, Eron & Sandra 2163 W. RainFall St. 34 GURR, Kenneth 1808 N. Cool Creek Ave. 35 RICE, Allen & Theresa 1820 N. Cool Creek Ave. 36 DODGE, Gary & Carol 1848 N. Cool Creek Ave. 37 FRANCISCO, Javier & IDOETA, Tracey 2314 W. RainFall St. 38 Paris- Probert Trust 2298 W. RainFall St. 39 HASTRITER, Johnny & Clarine 2280 W. RainFall St. 40 LAMPKINS, Steven & Lisa 2262 W. RainFall St. 41 LARSON, Daniel 2224 W. RainFall St. 42 HANSON, John & Diana 2194 W. RainFall St. 43 WEISS, David & Debra 1853 N. Cool Creek Ave. 44 RIGGS, Gene & Jean 1888 W. Rainy Creek PI. 45 CLARK, John & Patricia 836 La Cassia Dr. Boise, ID. 83705 46 STEVENSON, Donald & Shirley 2060 W. Lucerne St. 47 BARFUSS, Bruce & Kelly 2088 W. Lucerne St. Page 3 0 Sheet1 • 48 RUNYAN, David & Catherine 2100 W. Lucerne St. 49 BYERS, Darrel 1533 N. Tokay Way 50 EDDY, Scott & Sherry 2077 W. Lucerne St. 51 URIE, Audra & TRAUTMAN, Nikki 2055 W. Lucerne St. 52 SCHOENBORN, Darryl & Linda 2031 W. Lucerne St. 53 VIKER, Victoria Ann 1564 N. Vineyards Ave. 54 ARTS, Richard & Mary 1548 N. Vineyards Ave. 55 PRIGGE, Robert & Joan 1516 N. Vineyards Ave. 56 MITCHELL, John & Debbie 2188 W. Sonoma 57 BARTLETT, Kelly & Shawna 2196 W. Sonoma 58 WHITE, Edward 2200 W. Sonoma 59 PRYOR, Louise & William K. 2226 W. Sonoma 60 DUNNE, Tim & HUTCHINSON, Tyler 2250 W. Sonoma Page 4 To: City of Meridian From: Cherry Lane Baptist Church Date: April 23, 1997 Re: Application for rezone We have read the contents of this rezone application and hereby verify that the contents of this application are true and correct. Church Trustee 0 To: City of Meridian From: Cherry Lane Baptist Church Date: April 23, 1997 Re: Posting of property Cherry Lane Baptist Church will post their property, located at 2150 W. Cherry Lane in Meridian, Idaho, at least one week prior to the public hearing that will be set for the rezone application. We will use an official zoning notice, posted at the front entrance of our Wilding. ChiTrch"Trustee ai + v W v WEq ? t � u 3 �a. J to f z � e ai + v W v WEq ? t � u 3 �a. � CITY OF MERIDIAi RESEARCH REQUEST 7�� rr Date: Cc 1.A— l a��t-Cf?�� c� I Phone: Time: Description: I 0 -t � t j f Q C�c4 4z c a p rc) J- Results/Findings: k�Za�1� r4P1Pr0Vtc( 9-7 c frac nnoc c :t) -7-7Y Q�'/'re�it.c Arnwl,ed voo(�ncic.e $-044- 0 V\O( S!-GV\o( � Yhinu�eS . ck �PdeVc�� REQUESTOR'S SIGNA # of pages: Date Fin' bed• ;715��1 Staff proving di g' formation: Time required: Ci �Omr,a Staff Comments. S - Qac tf c( '5hau s j i I,es 14-v 1 ss eye -1A,14 fA4 -LoyU w a S G ��/�v� o� Ctn c� - n �l (y cazcc/ c( c r al t ela llu -�� y. /)Wj)o(J0f o fd-oo n d -� -7cf .fin) 40 shay sj �e� �J )LI01 ROLL CALL: 4. PS 7 MERIDIAN CITY COUNCIL AGENDA TUESDAY, SEPTEMBER 16, 1997 - 7:30 P.M. CITY COUNCIL CHAMBERS X WALT MORROW X CHARLIE ROUNTREE X -GLENN BENTLEY X RON TOLSMA X MAYOR ROBERT CORRIE MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 2,1997: (APPROVED) MINUTES OF SPECIAL MEETING HELD SEPTEMBER 3,1997: (APPROVED) 1 TABLED SEPTEMBER 2, 1997: ORDINANCE #760 - COMMISSIONS, BOARDS, COMMITTEES: (TABLED UNTIL OCTOBER 7,1997) ' 2. TABLED SEPTEMBER 2, 1997: ORDINANCE #761 COMMISSION: (TABLED UNTIL OCTOBER 7, 1997) - TRAFFIC SAFETY 3. TABLED SEPTEMBER 2, 1997: PRELIMINARY PLAT FOR SHERB . ROOKE I r c Meridian City Council September 16, 1997 • Page 12 Corrie: Motion made and seconded on the decision as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: ORDINANCE #774 — CHERRY LANE BAPTIST CHURCH REZONE: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE SW % OF THE SE % OF SECTION 2, T.3N, RAW OF B.M., IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance No. 774 read in its entirety? Hearing none I will entertain a motion on Ordinance #774. Tolsma: Mr. Mayor, I move we approve Ordinance #774 with the suspension of rules. Morrow. Second Corrie :Motion made by Mr. Tolsma, second by Mr. Morrow to adopt Ordinance #774 with the suspension of rules. Roll call vote. ROLL CALL VOTE: Morrow — Yea, Bentley —Yea, Rountree - Yea, Tolsma — Yea MOTION CARRIED: All Yea ITEM #8: ORDINANCE #775 — VACATION OF GENTRY WAY? Corrie: AN ORDINANCE VACATING THE EXISTING TEN FOOT WIDE PUBLIC UTILITY DRAINAGE AND IRRIGATION EASEMENT ADJACENT TO GENTRY WAY IN LOT 12 AND LOT 13 AMENDED MAGIC VIEW SUBDIVISION A SUBDIVISION IN MERIDIAN IDAHO AND RECORDED IN THE RECORDS OF ADA COUNTY, STATE OF IDAHO AND PROVIDING FOR AN EFFECTIVE DATE. (End of Tape) Stiles: Mr. Mayor, does that indicate that the right of way is vacated? Corrie: It is the public utility drainage and irrigation easement adjacent to Gentry Way, it is a ten foot wide area. Counselor, you wrote the ordinance? Crookston: I wrote it two or three different times and the final one eliminates the right of way. I don't have a copy of what you are looking at right now. Rountree: The issue was to leave the road right of way and to leave the irrigation easement there as I recall. OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer • • HUB OF TREASURE VALLEY P_ Good Place to Live CITY OF MERIDIAN COUNCILMEN RRONALD R. OBERTGESLERA 33 EAST IDAHO MAXYERRINGTON ROBERT D. CORRIE MERIDIAN, IDAHO 83642 Chairman Zoning & Planning Phone (208) 888-4433 JIM JOHNSON FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor Cherry Lane Baptist Church 2150 E. Cherry Lane Meridian, ID 83642 Pastor Melton: allow occupancy=in your"facility until there is a Fire hydrant installed to serve your prenty„ It s V41so necessary that we receive a driveway Plan �oc:ing access points anel the hydrant Respectfully, City of Meridian Way Wayne S. t=orrey; AICP Planning Director Cherry Lane Baptist Church 2150 E. Cherry Lane Meridian, ID 83642 Pastor Melton: COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning 6 Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI Respectfully, City of Meridian Wayne S. Forrey; AICP Planning Director • HUB OF TREASURE VALLEY • OFFICIALS p Good Place to Live WAYNES.FAICP,City Clerk JANICICE GASS,Treasurer CITY OF MERIDIAN BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief N MERIDIA , IDAHO 83642 BILL GORDON, Police Chief Phone (208) 888-4433 GARY SMITH, P.E., City Engineer FAX (208) 887-4813 GRANT P. KINGSFORD Mayor Cherry Lane Baptist Church 2150 E. Cherry Lane Meridian, ID 83642 Pastor Melton: COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning 6 Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI Respectfully, City of Meridian Wayne S. Forrey; AICP Planning Director CJ PHONE MESSAGE MEMO a.m Talked with , A • P Date q - g ' Time 10,.00 p.m. (Imt�^wis) lsl Of .R� LO • & P n ST C%AU P.CA Phone No. -` 2 t SC�AU.?Lg `LW -s (Address) Re P%QE placed call ❑ Party called ❑ 1 returned call Mc- message ❑ reply TO S� fie. iw�aY-o.�tr�.e.�.•k r� \c..,�s w��h.. �e.s p e< <��. r r Y,i w 1 be LO v",^ ,''V� n �-.r k �r. �. 10 � c.,.. d 5�-�-e.. �u �v�o .nn-�-�•-�s w � � � Party's ❑ message 69 reply ��-G ,J`O �� V, s, si �. � n . 1 L_ vs e �.. lr. P ♦� ems... G-•�- 'C V� G fie_ Ci i d NOC., GLC. W i �►.. Vit._ Action or follow-up necessary ►�� l ccN,% -kLl�'� �o l !~ a w �D Project No. Project title ❑ Place in File (title) E PHONE MESSAGE MEMO 10 2 a.m. Talked with O 5 �� *L,_ Date - 1 C' 3 Time `�' ~ S 42) Of L � 1� �-L- _Phone No. (company) (Address) Re I placed call ❑ Party called ❑ I returned call My ER"essage ❑ reply _r Q n t - - - - - . 1 . _ . . ex a) a k u. 'i -i cn� w� �. �n.c. r V- - r - Party's ❑ message ii�. d� 0 � reply �C-OS�a'�G► " c�'�- '-As I1 � - O"I `,��r t wi. • d , i C. t%a S e4A T%bl �GVA, A L • SGtI p� Cr 1.., 5D --I-C-) r C. �. nv�-c_ n.r-odoS e d.Lc v. v.�.�.+�-t \00k t+ Ctrs kd C �.. �,�. c�,R, • Action or follow-up necessary a..I- -k n o-t� C Project No. Project title ❑ Place in File (tni.) PHONE MESSAGE MEMO �t�ST� a.m. 5k Talked with Date �� 3 Time � ' (inihais) � g Of �� \ 5� Ct'�Vra►�-� Phone No. Re r My message ❑ Party called ❑ I returned call ❑ feply Party's ❑ message reply E= Sc,« Action or follow-up necessary T \A-`"`^ � �� C QJL-vics� 'y o ISO b ec,�% 4k - Project Project No Project title ❑ Place in File (rirb) City of Meridian INTER -OFFICE MEMO FROM: QVCE, �ti2.�c.CkLE.T��J SUBJECT: &CwrrA N T w/ TO: &_6 Saws crn.�t. w�v J . L3s kv e Sh►� �4-c.�• . 1le- A►kmm. cAi ► Inmos�� nna�� a "r- t %s'% &-v-. o m R k oto . of . Lie. I to cU4.Z mA . �k alsc t � Talked with Of PHONE MESSAGE MEMO D'k S Phone No. �� J (Addr°sO Re r u GE7_I placed call ❑ Party called ❑ I returned call My message ❑ reply I p ti. cl oot ACO D S 5N -C.- -ys 04 Party's ❑ message (,L reply a\ �:,C.v/v-e, �\c Action or follow-up necessary Project No. Project title ❑ Place in File City of Meridian INTER -OFFICE MEMO DATE Avow S� Z q5 FRO SUBJECT: TO - 610 Co.?- ri e- Meridian City Council August 4, 1998 Page 6 Bird: Second. • Corrie: Motion is made by Mr. Rountree and second by Mr. Bird that we table the action on the statement until August 18th meeting. Any further discussion? All those in favor say aye. MOTION CARRIED: All ayes. ITEM NO. 4: AMENDED ORDINANCE #774 — REZONE CHERRY LANE BAPTIST CHURCH: Corrie: Is there any discussion on the amended ordinance #774 before I read the first part. Rountree: Mr. Mayor I have a question as to the status of the timing of this. I think this was discussed, time slips, but a good number of months ago. Has this just been tabled for some action or it's not been our agenda for months. If I might ask that question of Shari. She seems to want to tell me. Stiles: Mr. Mayor and Council, Councilman Rountree the ordinance that was initially adopted didn't even include the property where the Cherry Lane Baptist Church was. It rezoned the adjacent subdivision to L-0, parts of the subdivision. And we requested the amended legal description and got that just recently so that's why we made sure that it got back on the agenda. Rountree: Okay. Corrie: Any further questions of staff? Amended Ordinance #774 is an ordinance of the City of Meridian amending and changing the zoning of certain real property in the City of Meridian which is described as a portion of SW % of the SE % of Section 2, townhship 3 north, range 1 west of Boise Meridian Idaho and providing for an effective date. Is there anyone from the audience that would like to have amended ordinance no. 774 read in its entirety? Hearing none, council, what's your pleasure? Bentley: I move we adopt the amended ordinance for the rezone at Cherry Lane Baptist Church #774 with suspension of rules, authorize the Mayor to sign and the Clerk to attest. Rountree: Second. Corrie: Motion is made by Mr. Bentley and second by Mr. Rountree to accept the amended ordinance #774 with the suspension of rules. Any further discussion? Hearing none, all those in favor of the motion say — I'm sorry roll call vote. ROLL CALL VOTE: Anderson, absent. Bentley, yea. Rountree, yea. Bird, yea. • Meridian City Council August 4, 1998 Page 7 MOTION CARRIED: All ayes. • ITEM NO. 5: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 121.897 ACRES TO R-4 FOR PROPOSED THOUSAND SPRINGS SUB. BY FARWEST DEVELOPERS AND MARTY GOLDSMITH — NORTH OF VICTORY AND WEST OF EAGLE ROAD: (TABLED TO AUGUST 18, 1998) ITEM NO. 6: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING 1.66 ACRES (C -G) BY KANTI PATEL: Corrie: I'll open the public hearing and is Kanti Patel here? KANTI PATEL WAS SWORN BY THE ASSISTANT CITY ATTORNEY. Patel: My guy that is suppose to be here is not here. He got all the information. I am waiting for him. Corrie: When do you expect him to be here? Do you know? Patel: He called me. He is supposed to be here at 7:30. 1 don't know what happened to him. Corrie: Well, we'll see if there's anybody else from the public that wants to testify and then we'll come back here. Is there anyone else from the public that wants to testify in this request for annexation and zoning? WAYNE FORREY 3045 THAN PLACE, BOISE WAS SWORN BY THE ASSISTANT CITY ATTORNEY. Forrey: Mayor and members of the council, I was kind of hoping to hear the presentation, but I work with Hubble Engineers and Hubble Engineering is purchasing property adjacent to this proposed development site, and we are totally in favor of the annexation, the zoning request of C -G and also the development of the site as proposed. But we'd like to hear the presentation if we could and maybe if that's later tonight if we could maybe have another opportunity to comment if necessary. That's it. We are in support of the project. Corrie: Thank you Wayne. Forrey: Thank you. 0 ! RECHVED SEP 15 IS97 COY OF MIN September 12, 1997 Cherry Lane Baptist Church 2150 W. Cherry Lane Meridian, ID 83642 RE: - Fence and Retention Area (See attached) Dear Sir: Per my conversation with your office today, demand is hereby made to the Cherry Lane Baptist Church to make repairs to the fence per attached. Last year I was told by the church that work would be completed shortly on the retention area so the foundation of the fence would not be affected. This work was not done and the fence is starting to lean because the dirt has eroded at the base of the fence. I have been talking to your church the last six weeks and I have no comfort level that the work will be done. If the fence is not permanently secured within fourteen days from the date of this letter I will have no further option but to turn this matter over to the owner's attorney and you will be asked to pay any costs incurred by the owner. I fear that if this work is not completed before the next winter, it will not be standing by spring. It is my understanding that you want to use the sand located by the well house at Kastle Falls Subdivision and you are welcome to do so. However, if you do not want to use the sand please let me know so I can have it removed. By copy of this letter to City of Meridian I am asking their help in getting this work completed. Please call me at 884-1145. Sincerely, Georgia Mackley 1287 N. Santa Rosa Meridian, ID 83642 Work Phone: 939-6000 Home Phone: 884-1145 CC: Valeri Place HOA City of Meridian I .1 CY OI P � N N 110 M m Av 1NOWIIIN 'N (� ♦ GTi Q O f m O� f o �� o f �' M U')o, a QQ rI n w 4' Io L?j N Z .o r x— 2 �In rNi `� W I j Q m N F' --i 2♦ M Q e M ^ A Z ! N ♦ nl W N iM 10 Ir n 2 a 'Id Sllvd 0100 'N W SNUIVO •N ® . )A �� s0 M Fri M N N� In M f n n h It01 N �' 10 A ♦ M N M 10 O O ONUI O }oft 'J f It oP 1 A n S 7.j N�/ 4 10 f ti•�� •N Y: 2' r N ►+ M ►j I/�y�) 1 as P h' N M IJ M U n. O SL w UJ N tl N ` J S J IQ, a LL. so _ Q O P N M1 n Z CZ N M N - N� ^ M Q ♦ N Z N. `%� — Lr W^ W N N N - _ }� v ��S M p If f It v O r T N / N N N M M M w w w N N 3AV X332i3. M M O m N N (� �� N Y Io h • Nl N _ O U IMr+ u - - v _ N N M co 0 _ N N N fy N 3 w ,,,'t N J M M 3 Odx33ti�Nlvti N Is ,,,► N N V� — o xdM nN Qr „ r C�{0O — N M Pu, �— Z N M m � a a .n. .� � N N w = ♦ yNN ti to N P N cs_, W N O O 0 ti t Q N N N N N h ) N ob !Lee i ineavM •N ayI sv ?l !� y ',d "' 9NI,HdVdS ; ,D P Irl M T Z M "M 1JJ Y f M O i -j_ a 0 n W Y. Irl ♦ s h O o tD N N N N N �1Vi m �`,� Ol Ip N A 1 PL; , \� V c N -ld Np N 1\O��'/ N l / n Meridian City Council September 16, 1997 Page 12 Corrie: Motion made and seconded on the decision as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: ORDINANCE #774 - CHERRY LANE BAPTIST CHURCH REZONE: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING. OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE SW % OF THE SE % OF SECTION 2, T.3N, RAW OF B.M., IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance No. 774 read in its entirety? Hearing none I will entertain a motion on Ordinance #774. Tolsma: Mr. Mayor, I move we approve Ordinance #774 with the suspension of rules. Morrow. Second Corrie :Motion made by Mr. Tolsma, second by Mr. Morrow to adopt Ordinance #774 with the suspension of rules. Roll call vote. ROLL CALL VOTE: Morrow — Yea, Bentley Yea, Rountree - Yea, Tolsma — Yea MOTION CARRIED: All Yea ITEM #8: ORDINANCE #775 — VACATION OF GENTRY WAY? Corrie: AN ORDINANCE VACATING THE EXISTING TEN FOOT WIDE PUBLIC UTILITY DRAINAGE AND IRRIGATION EASEMENT ADJACENT TO GENTRY WAY IN LOT 12 AND LOT 13 AMENDED MAGIC VIEW SUBDIVISION A SUBDIVISION IN MERIDIAN IDAHO AND RECORDED IN THE RECORDS OF ADA COUNTY, STATE OF IDAHO AND PROVIDING FOR AN EFFECTIVE DATE. (End of Tape) Stiles: Mr. Mayor, does that indicate that the right of way is vacated? Corrie: It is the public utility drainage and irrigation easement adjacent to Gentry Way, it is a ten foot wide area. Counselor, you wrote the ordinance? Crookston: I wrote it two or three different times and the final one eliminates the right of way. I don't have a copy of what you are looking at right now. Rountree: The issue was to leave the road right of way and to leave the irrigation easement there as I recall. • 0 ORDINANCE NO. 774 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, IDAHO; 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 change the zoning from R-4 Residential to Limited Office (L-0), for the following described parcel 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 aforementioned real property which is described as follows: A parcel of land lying in a portion of the SW k of the SE 4 of Section 2, T. 3N., R. 1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a point marking the one-quarter corner common to Section 11 and the said Section 2, also said point being the Southeast corner of Sunnybrook Farms No. 1, a subdivision, as filed for record in the office of the Ada County Recorder, Boise, Ada County, Idaho in Book 44 of Plats at pages 3609 and 3610; thence South 89°33146" East (formerly described as South 89°33148" East) 663.87 feet along the Southerly boundary of the said SE 4 of Section 2, which is also the centerline of Cherry Lane, to a point; thence North 0°33150" East (formerly described as North 0°33148" East) 25.00 feet to a point on the Northerly right-of-way line of the said Cherry Lane, also said point being the REAL POINT OF BEGINNING; thence continuing North 0°33'50" East (formerly described as North 0°33,48" East) 324.00 feet to a point; thence South 89°33146" East (formerly described as South REZONE ANNEXATION ORDINANCE - CHERRY LANE BAPTIST CHURCH - PAGE 1 • 89°33'48" East) 231.42 feet to a point; • thence South 0°15148" West 124.31 feet to a point; thence North 89'33146" West 138.26 feet along a line Northerly of and parallel with the said Southerly boundary of the SE k of Section 2 to a point; thence South 0015138" West 199.69 feet along a line Easterly of and parallel with the Easterly boundary of the said Sunnybrook Farms No. 1 to a point on the said Northerly right-of-way line of Cherry Lane; thence North 89033146" West (formerly described as North 89'33148" West) 94.87 feet along the said Northerly right-of-way line of Cherry Lane to the point of beginning, comprising 1.09 acres (47,647.05 square feet), more or less. be, and the same is hereby rezoned from R-4 Residential to Limited Office (L -O) and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. This rezoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian City Council on the request for rezone. Section 2. The Applicant shall comply with all of the Ordinances of the City of Meridian including the Fire Code, Life Safety Code, the Uniform Building, Electrical, Plumbing Codes and all of the Ordinances of the City of Meridian. That the Applicant shall enter into a Development Agreement and/or the property shall be developed under the conditional use permit process. Section 3. That if the Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R- 4. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall REZONE ANNEXATION ORDINANCE CHERRY LANE BAPTIST CHURCH - PAGE 2 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 September, 1997. I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy .of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. '774LL by the City Council and Mayor of the City of Meridian, on the _ day of September, 1997, as the same appears in my office. DATED this L�day of September, 1997. REAL 7 r �rrrrpntr �ri+�N�� REZONE ANNEXATION ORDINANCE - CHERRY LANE BAPTIST CHURCH - City Clerk, City of $firidian Ada County, Idaho PAGE 3 0 9 STATE OF IDAHO,) : ss. County of Ada, ) On this �+-`` day of September, 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared William G. Berg, Jr., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS PWOF, I have hereu et my hand and affixed my official seo-VTE ay- and year i th' certific first above written . ; °��, A; 0 SEAL 0UQ �,\O Nota Pub c or daho %Re din at4m r' 'an Idaho ®•° Commission pires: Y-2� CITY\REZONE\city'�'r`ezone\baptist.L-0 REZONE ANNEXATION ORDINANCE - CHERRY LANE BAPTIST CHURCH - 970781397 PAGE 4 Meridian City Council September 2, 1997 Page 32 ITEM #16: LATE COMERS AGREEMENT FOR ROGER MICHENER: Corrie: I guess this is a request for a late comers agreement, this isn't exactly a late comers agreement. Morrow. Mr. Mayor, I believe what we are after here essentially is by virtue of the letter is the approval of the Council for Mr. Michener to enter into a late comers agreement with the City and we would instruct our City Attorney and City Engineer to prepare that document. Corrie: I just wanted to make sure (inaudible) Morrow. That is a motion Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to have the City Attorney draw up the late comers agreement for Roger Michener, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO L-0 BY CHERRY LANE BAPTIST CHURCH, 2150 W. CHERRY LANE: Corrie: Is there a representative from Cherry Lane Baptist Church this evening? Randy Fout, 2062 N. Gladewater, Meridian, was sworn by the City Attorney. Fout: Mr. Mayor and Mr. Councilmen, I would just real quickly like to bring you up to date on page 12 of the facts and findings as to what our church has done to comply with the Planning and Zoning restrictions. I will do that as quick as possible. Number one talks about the drainage system which was required by the City when did our parking lot. We have had an engineer look at that and confer that we are on the right track. Now what we are doing is filling the level to the point where the ground water no longer stands. We have added material since our first meeting with Planning and Zoning we do have existing material to be added on site right now. We feel like in number two that will take care of the odor and mosquito problems because there will be no water standing any longer at that point. The stability of the fence issue there in number two. Prior to our construction of any parking lot that fence had fallen down at least once. And I believe a couple of times before we did anything to it after we did the work it fell down again. We then required our contractor to come back in, he put in some longer posts and more concrete. To my knowledge it has not fallen down since then. So we have dealt with that issue and would continue if that is still a problem. Number 3 there we have since our meeting planted trees, we now have 27 trees on site. And our nursery I believe has Meridian City Council • September 2, 1997 Page 33 talked to your office about the plan there, we have 27 trees planted we have other trees that are waiting to be planted. Number 4, the building inspector has been contacted, the fire alarm system has been updated and fixed, it had a small problem. The fire department is contacting AEI as of this week to meet with them to inspect that. The electrical inspector has been there and there is one outlet that didn't work and we are fixing to satisfy him. After those two things are done the certificate of occupancy will be issued to us. So that is what we have done, are there any questions? Come: Thank you, is there anyone from the public that would like to issue testimony on this request for rezone? David Runyon, 2100 West Lucerne Street, Meridian, was sworn by the City Attorney. Runyon: As I reviewed their application of rezone the main thing that stuck out in my mind is it seemed like they were planning on moving from this building soon. In fact I have heard that they have purchased a piece of property and planned to indeed relocate. The thing that stands out in my mind is why would they ask for a rezone well perhaps to increase their property value which I understand would benefit probably resale value of their property. My concern is that when they leave the new tenant that comes in will have an easier time of converting that space to an office area. That is one concern, the other concern I had is existing lighting on the building now, the church there are two flood lamps one at each apex of the church that have no diffusers or anything on it and they shine directly into the back of my home. I am on Cherry Lane immediately across from their parking lot. It has been a thorn in my side ever since we moved in and realized that was a problem. I suppose that if they had come to the City Council with a specific building plan that they wanted to do or remodeling that they wanted to do I understand that it is zoned R-4 ,and that previously were allowed in R-4 zone and that zoning has been changed. I would then agree that it should be changed to L -O. But as it stands I see no plan for any kind of building that they are going to put on their site. And I see no reason why we should change the zoning to R-4 just to improve their property value. I see that it would be a detriment to the neighbors and I see that there would be a possibility that would have further lighting problems with any new structures that are put in. So for these reasons I request that the City Council request the application for rezone. Thank you Corrie: Thank you, anyone else from the public that would like to issue testimony at this time. Hearing none, would you like to (inaudible) Fout: Just a point of clarification I think it says right in the facts of fact that our intent is in the long term to relocate because of space requirements. That was not a secret, we have not purchased any land at this point in time nor do we have any land in mind to purchase. So we don't know when that is going to happen. Our purpose for rezoning is to make our building more sellable to a variety of things. Not just a church which would be allowed and that would certainly be our number one choice, but to some small offices. Meridian City Council September 2, 1997 Page 34 Corrie: Anyone else from the public that wishes to testify? Council, discussion. At this point I will close the public hearing. Any further questions? Morrow. Mr. Mayor, if there are no further questions I would move that we adopt the findings of fact and conclusions of law as prepared for us by P & Z. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the findings of fact and conclusions of law as prepared by Planning and Zoning, any further discussion? Roll call vote ROLL CALL VOTE: Morrow — Yea, Bentley — Yea, Rountree — Yea, Tolsma — Yea MOTION CARRIED: All Yea Corrie: Motion for a decision? Morrow. Mr. Mayor it is recommended that the property set forth in the application be approved. by the City Council on the zoning amendment requested under the conditions set forth in these findings of fact and conclusions of law. Including that the property only be developed under the conditional use permit process. And that the ordinance rezoning the property not be approved by the City Council until the previously required improvements to the property have been completed by the applicant and that the applicant obtains a proper certificate of occupancy to the building on the property. Or that the grant of this application be conditioned' upon the applicant complying with and meeting the previously required improvements to the property, the applicant obtaining a certificate of occupancy for the building on the property. If the applicant fails to comply with and meet the previously required improvements of the property and or fails to obtain a certificate of occupancy on the building on the application for rezoning the property pursuant to this application be denied and that the previously existing zoning of R4 low density residential district be maintained. That if the applicant is not- agreeable with these findings of fact and conclusions of law and is not agreeable with the property only being developed under the conditional use permit process and the conditions imposed hereunder the application for the zoning amendment should be denied. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the decision as read, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian City Council September 2, 1997 Page 35 Morrow: Point of clarification Mr. Runyon, what this basically means is that at some point in time should this property be sold and they wish to develop office or whatever then the process has to go through the conditional use process and you and all of your neighbors within a 300 foot radius would have an opportunity for direct input at that point in time. So these findings of fact and conclusions do take into account your long term (inaudible). Bentley: One other point Mr. Fout can you take a look at the lighting and if it is indeed intruding try to rectify that. Henry: Clint Henry, I was just going to say there is only one light on the building that would be on during the night. The light in the front of the building, as I understand from neighbors that have complained before is always turned off. So it is not on over night. So it would just be the light that faces the east. One other thing I was going to say is there is a certificate of occupancy on the building before the last addition. I don't know why the new certificate was not taken care of but that is the one we are talking about. Crookston: Would you state your name and address please? Henry: Clint Henry, 2864 West Parkstone, Meridian. Corrie: Do we need an ordinance for rezone? Crookston: Yes Morrow: Mr. Mayor, I wold move that we instruct the City Attorney to prepare a rezone ordinance. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to have the City Attorney prepare a rezone ordinance, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR A VACATION OF GENTRY WAY IN AMENDED MAGIC VIEW SUBDIVISION AND PUBLIC UTILITIES, DRAINAGE AND IRRIGATION EASEMENTS BY DICK MESSERSMITH — PUBLIC RIGHT OF WAY ADJACENT TO LOTS 12 AND 13: Corrie: At this time I will open the public hearing and ask that the representative of the vacation of Gentry Way come forward. Tom Eddy, 290 N. Maple Grove Road, Boise, was sworn by the City Attorney. MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 2.1997 APPLICANT: CHERRY LANE BAPTIST CHURCH ITEM NUMBER: REQUEST: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO L-0 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS P A Z MINUTES FOR 74-97 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: "REVIEWED" (� SEE ATTACHED COMMENTS 4C r SEE ATTACHED COMMENTS call,�v SEE ATTACHED COMMENTS V"� QVf 4 BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. IT Meridian Planning & Zorla Commission July 8, 1997 Page 30 Myall: Well (Inaudible) but now with the driveway out to Wilson Lane the big trucks come in there all of the vehicles come in there right in front of my house. The driveway goes round in front of my window and that is not too pleasant. Johnson: Is Wilson lane a private lane? Myall: No, it is a County lane it has, the dead end lane has not been finished on side. It is a county road. Johnson: Well that was my understanding it is not a private lane it is a County lane. Myall: it is a county road but it is a dead end and it doesn't have sidewalks you know finished on either side. Johnson: Thank you, any other questions of Ms. Myall? Is there anyone else from the public that would like to address the Commission on this application. Are there any further comments from the applicant? (inaudible) Zimmerman: In the event that you would like to have unmounted copies that are the same size I do have those available tonight. You had asked me (inaudible) Johnson: We would like those at least one copy for our records. Does anyone else any comment from the staff or Commissioners themselves before I close the public hearing then? I will close the public hearing at this time. This is an application for a conditional use permit, it would require findings of fact and conclusions of law. MacCoy: Mr. Chairman, I move that we have the Counsel prepare findings of fact and conclusions of law for this project. Smith: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE BREAK ITEM #13: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO L-0 BY CHERRY LANE BAPTIST CHURCH — 2150 W. CHERRY LANE: Johnson: At this time I will formerly open the public hearing and invite the applicant or the applicant's representative to address the Commission. 7 •Meridian Planning & Zo$% Commission July 8, 1997 Page 31 Randy Fout, 2062 N. Gladewater, Meridian, was sworn by the City Attorney. Fout: Mr. Chairman and Mr. Commissioners Cherry Lane Baptist Church has reached a point where it has outgrown its existing property and is looking at the options of purchasing other property and selling the existing building and property. I would like to address some of the issues in the memorandum that we received just recently. So that you will know what we are doing since we have paved our parking lot. We have installed our sprinkler system, sod, landscaped the medians with appropriate shrubs and bushes. WE have been working on taking care of the drainage system problem we have put fill in there, we still have more to put in. We have taken care of all but one small section of that at least we think we have until we have more wet weather: We do have some trees purchased sitting on the property to be planted right now and we will purchase the remaining trees and get those in the ground. As far as certificate of occupancy, that we were surprised by. We have no idea why or if we do or don't have and why we don't. So we will certainly check into that and take care of that issue. Since we have been using the property for two years I am surprised that we don't have. Johnson: Anything further Mr. Fout, any questions of Mr. Fout from the Commissioners? Borup: Mr. Chairman, I was rather dismayed and concerned a little bit by staff comments on these items. You say you have been in there two years ago and these things were supposed to be done at that time. The landscaping .and etc. is there a reason that wasn't done at that time? Fout: Part of the reason is the road was redone just about the same time we had to wait for Ada County Highway Department to finish the road. They then promised they would complete part of the front end which we had to wait considerable amount of time for that to take place. Once that was done the very next available time the following spring we sodded that front, got our sprinkler system in and sodded the front. The drainage system hasn't been a problem, it says in here that the design engineer has been contacted and we have had no contact from him about the situation. We have been working on it to solve the problem within ourselves but we have had no contact from him. So if the City has contacted him he has not relayed any of that information onto us. Borup: So at this point you are not sure whether the drainage problem is solved or not? Fout: We are sure that it is and we have more fill that we can put in it if we need to. The issue is we have a really high water table there and we have to get it filled up enough so that when it does rain the water will disappear under the dirt. When it was done originally the contractor left it too low. Borup: You do have grade there that allows you to raise that then? Fout: Yes we do. Meridian Planning & Zoo Commission July 8, 1997 Page 32 Borup: You said you had purchased some of the trees, do you have any idea how many some is? Fout: I was going to count them tonight, it looks like there are somewhere between 12 to 15 trees sitting there that were supposed to have been planted this month by now but they are not in the ground but they will be. One of the issues that we are waiting for is to discuss whether we can plant those trees in different locations than what is on the plan. Or we need to follow the exact plan. Our medians in the parking lot are very small and would take a very small tree. Thus we put shrubbery in there thinking that would be adequate so we need to discuss that with the code enforcers and staff. MacCoy: Keith has brought up the same questions that many of us have. I was really kind of appalled when I read the staff report on this and said that these were items that were left over from the beginning. I couldn't understand why they weren't picked up. I have been on your site over there and looked at it and it is true your medians are very narrow and have a difficult time with a big tree. There is a lot of I think they call it trash junk or what have you sitting in the back of your area which is seen from Cherry. I don't know if it is casings or pallets or whatever it is back there. It just doesn't look like (inaudible) I guess is what it amounts to. So I am assuming you are going to clean all of that up. I just have one other question looking ahead if you get your rezoning that you request I would assume you are planning on expanding your building? Fout: No sir we are planning on moving sites. We really don't have parking available to expand that facility there. MacCoy: That was my next question if you expand your building where are you going to park. Fout: That is our problem, we have a full parking lot and we can't park (inaudible) Johnson: Didn't you testify you are preparing the property for resale? Fout; That is correct. MacCoy: One of the things that I was going to caution and people do all kinds of things or groups do all kinds of things. You have housing behind which is single type story type housing not, second stories so you would have a difficult time doing much of anything. With that. plus parking and who knows what else you have problems with there. Fout: We have a real problem and recognize that parking situation. That is why we are preparing it for resale thus your issues will be taken care of because for resale it needs to be clean, trees need to be planted. So of those things were oversights in the process Meridian Planning & Zoo Commission July 8, 1997 Page 33 of volunteer people changing jobs and someone else coming along and realizing this had to be done. For instance the certificate, this is the first I have heard of this. MacCoy: So you don't plan to change the exterior or your building by anything, that is the way it is and it is going to stay that way. Fout: We may repaint it for resale but other than that no. MacCoy: That is al I have Smith: I basically reaffirm what Commissioner Borup and Commissioner MacCoy said. I am disappointed that these other issues that were part of your building permit application requirements, requirements not options were not completed. And without wasting everybody's time any more I would like to refer to the last paragraph of staffs report that the ordinance rezoning on the property not be approved until the noted improvements have been completed and the proper certificate of occupancy has been obtained for the building. So I guess I would like to make, I don't know what else there is to discuss about it. MacCoy: You did raise a question, Shari where do we lack from getting this thing resolved? Stiles: Chairman Johnson, Commissioners, as far as what is in our report? MacCoy: Yes, I feel the same way Byron does, as long as these things are standing out here facing us I am willing to very quickly join your staff report and say that is it. Stiles: I think that you could go ahead and order the findings of fact and conclusions of law and simply have included within those findings that the annexation ordinance not take effect until those other improvements have been completed. The Council would just not pass it and it would still remain the zone it is now until those improvements were made and their certificate of occupancy was received. Johnson: I have a question about that if I might. Maybe I am confused, what we have got is an application for a rezone to LO right. What we are saying in effect is that they didn't comply with the original application for zoning which was R-4 is that correct? Stiles: I don't know that they didn't comply with the original application for zoning, they didn't comply with the requirements of their building permit. Johnson: Then my point is this, I guess what I am seeing here is maybe they didn't do it right the first time and they ignored what we suggested they do. And realizing that we are working here primarily with a volunteer group for lack of a better term a non-profit group whose design engineer doesn't even talk to them. How best can we resolve the situation they are in now so they can proceed with the LO and get rid of the property Meridian Planning & Zoej Commission July 8, 1997 Page 34 and move onto something more suitable for their venture I guess is what my main concern would be. Rather than at this point try to be vindictive and say well you didn't do the things that we asked you to first so we are going to make you do that and the minute you do that you are not going to be able to use it anyway and you are going to move on to a new zoning of LO. I am a little confused here as to what we are trying to do. Stiles: We don't have any objection to the rezone, in fact it needs to be rezoned. But I don't think they should be facilitated into selling their property to someone else to have somebody else inherit the problem that they need to take care of those problems themselves before it is a re -saleable property. Johnson: So in order to do that and back to Malcolm's question that check list of things that need to be completed exactly what is on that list? Stiles: Finish their landscaping and drainage and get their certificate of occupancy. Johnson: Those three things as stated in your memorandum? Stiles: Yes, at that time we were not requiring bonding for improvements and we were also not following closely the certificates of occupancy as we are today. It may be that in the future we have to get bonding for improvements prior to even issuing a building permit. Johnson: I understand that, that is not the way we did it then. Okay, I can understand the drainage situation, I can understand the certificate of occupancy but isn't the landscape requirement going to change with the rezone with whatever happens there. Is it going to applicable to whatever the rezone is, we don't know that do we? Stiles: Unless you want to require, I mean commissioners or Council could require that it have a 35 foot landscape setback as I require on other properties along Cherry lane. Johnson: I guess my want is to be a little sympathetic with the situation and -try to help them move as best they can and staff comply with the city requirements that is the just of my whole question. Stiles; I am not suggesting they do anything beyond what was presented as being proposed in September of 1994 when they submitted their plans. Johnson: I understand that in September of 1994 they thought they were going to stay there. I just had to see people spend money for something they are never going to realize. But I do understand the position you are in as well. Anyone else? Borup: Your comments started me thinking on things along that same line. When I first saw this I thought they were just in for a zoning change this is the third church we have Meridian Planning & Zoo Commission Is July 8, 1997 Page 35 had in the last little bit for a zoning change because the new requirements. If another use comes in there are you saying that the landscaping requirement or the landscaping as was really proposed would be appropriate for whatever new business would come in there. What I am leading to is if not then maybe that is a waste of effort there to do a lot of landscaping that would have to be changed in the future or maybe more appropriate for a new business to do that themselves. Johnson: We are all just kind of thinking out loud here. Stiles: We have a lot more control over the rezone and the subsequent sale of that property then we would if it is just rezone and they go ahead and sell it to somebody and then we have to tell the new occupant that you can't get a occupancy because the past occupant never complied with any of their requirements. Johnson: So that is why I was trying to get a short list and l guess we got a short list. Stiles: It is pretty short. Johnson: The only one I would question on that list would perhaps be the landscaping requirement at this point. Stiles: That was shown on their plan in 1994. Johnson: I understand that. Borup: Mr. Chairman, would any new business use coming in require a conditional use or with an LO zoning an office could just move in. Johnson: If it is just zoned LO an could just move in. Stiles: They couldn't get an occupancy certificate. Johnson: They have no drainage and (inaudible) Borup: Most of the things that have gone through here I am not sure how they end up at City Council but they have all been conditioned on the conditional use permit anyway no matter what the zoning is. So that was my question, does this apply to this situation too. That would go back to however it was originally approved. Well it was originally approved as an R-4 so I guess that is something we can do right now. Johnson: Let's complete this hearing process if we can at this point. Is there anyone else from the public that is here to address this application at this point? Are there any questions of Mr. Fout since we have had our discussion here kind of informally. Meridian Planning & Z^ Commission July 8, 1997 Page 36 Borup: If you have already got half the trees bought I would assume you need to go ahead with installing those at this point anyway. Fout: We really have no problem with meetings those requirements. Whatever we can work out with the staff as far as location that is not the issue with us. The issue is we would like to resolve those things so that we can move on. Johnson: In that regard then have you done anything toward addressing the drainage? Fout: We have put fill dirt in May trying to bring it to a level where it will balance the drainage out. We have got all of it solved except for one corner, one area. That we will continue to work on until it is adequate for the City. Borup: Has an engineer looked at a redesign of that then or how did you determine how much fill you needed and what it was going to take etc. Fout: Our pastor is here and he probably could address. that better. Clint Henry, 2865 West Parkstone, Meridian, was sworn by the City Attorney. Henry: As far as the drainage situation, I would estimate that we probably have not had more than three to five inches of water standing there I the ditch and that was because our contractor who put the parking lot in dug below the water table and exposed that water. We have really only tried to being in enough dirt just to eliminate that problem. The ditch o the east side of our property was pretty deep at that time. There was a comment about the stability of the fence that is between us and the subdivision immediately to our east. We feel like that problem was created by our contractor when he dug the soil away from the fence. Although we would also say that the fence had fallen down prior to any work on the parking lot and previously to that. Since the last repair was made on the fence which I if I understood right was charged to the contractor that did the work on the parking lot the fence has remained in an upright position since then. So it would seem to me with our drainage situation and just trying to cover up the water table that we have not changed the amount of water that the ditches would be able to hold because obviously water was already there (inaudible) and the problem was primarily they are just on the east side. That is probably the only thing I would know to say about the ditches themselves. As far as we know the construction was done according to design but have just not had any communication from our engineer about the concerns that have been raised to him. I did field a question or a concern from someone that I think had represented Linder Falls Subdivision. I think shortly after the construction was completed about some of the issues that you saw in the report about mosquitoes and the standing water there. That is the only call that I have had there at the church. That is probably all I would know to say unless you had a specific question. Meridian Planning & Zoo Commission July 8, 1997 Page 37 Borup: You are referring to ditches, those are ditches that drain somewhere or could you elaborate on what you are talking about the ditches? Henry: I think the word is swale that is there in your report. So I would be referring to the same thing, it is along the East side and the south side of the parking lot. Borup: So it is a drainage swale there that is not draining. Henry: Only over on the northeast corner and the east side where the contractor dug below the water table. Borup: So, maybe our engineer may have a comment Mr. Chairman. Johnson: Gary Smith did you have a comment regarding the drainage? Eng. Smith: I might issue a point of clarification perhaps. The swale along the north side of the parking lot and along the east side of the parking lot is a retention basin. The water doesn't go anywhere from it. Johnson: It is on site retention right? Eng. Smith: It is on site retention for this parking lot only. Borup: Isn't by definition water normally stands in there after a heavy rain. Eng. Smith: It would only stand if there was an impermeable barrier on the bottom of the swale otherwise it would percolate down. 'If the soils beneath the swale were permeable and I don't know how it was constructed. There is some, there is an infiltration trench along part of that system at the very north or southwest corner of the project. That is a trench and there is an infiltration trench in the very northeast corner of the swales that would allow the water to supposedly penetrate into the ground through some gravels. So this thing was designed as I can read these plans that were submitted was designed to drain to the east side and the north side of the- parking lot the swales were designed to drain toward this infiltration trench in the northeast corner. Obviously if you have ground water that is existing in the trench because it was built at an elevation other than what was design then you are just going to have water there. It is going to stand (inaudible) and it is not going to drain away. Borup: Mr. Smith, you feel in filling those trenches up above the ground water is a solution for that then? Eng. Smith: I assume if it is filled to a point that would eliminate the ground water from wicking up through the soil. I don't know that, I don't know what that distance is but water will wick upwards for a distance. I don't know what the design, I couldn't get an answer from the design engineer as to how it was built. He pretty much said he Meridian Planning & Zoeb Commission July 8, 1997 Page 38 provided the sign plans, it was built by somebody else, it was staked by somebody else and he wasn't involved in it. So he couldn't give me any background information on where the bottom of the swales were at the time I talked to him in 1995 and wrote him a letter requesting some input because of the complaints that we were receiving on the mosquitoes and the odors. Borup: I think what my concern is it sounds like the church is making effort to take care of the problem, I just wonder if it is going to be a permanent solution or temporary solution. I am not sure the best way to determine that. Eng. Smith: I think it would be helpful to have someone to have the church provide us with some information on this .design plan as to whether it is built or can be built in accordance with the design plan. Or if the elevation of the parking lot was constructed at such a grade that you don't have the holding capacity in the drainage swales for the design storm on the parking lot area. I really don't know what is there now what exists as compared to what was designed. In the storm drain thing it is all a matter of what you want to put up with. How long is it going to take if, you get a serious thunderstorm that is beyond your design of your parking lot and you have a flooded parking lot for a period of time. Eventually it drains away so what do you want to put up with as far as inconvenience goes. We have adopted the design standards from the highway district so that you really don't have an inconvenience factor to deal with. That is what we have tried to get the parking lots designed to. In this case I really don't know what is there compared to what was designed. The design engineer can't tell me. . Borup: It sounds like you are saying the original design would have been adequate though as on paper. Eng. Smith: On paper yes sir. According to the engineer that stamped the plan but I can't tell you Commissioner if the amount of soil that has been placed in the bottom of those swales has resolved the problem and still provide it a reasonable facility to dispose of storm water. Borup: Is there any other solution other than having the design engineer or some other engineer come out and take a look at it and determine what really needs to be done. Would that be correct procedure? Eng. Smith: That would be my thoughts. I don't know of any other way to tell what the capability is. Borup: It sounds like the problem is just the ground water and that little spot then getting it up above that ground water may do it. My question would be whether that is the only problem. Eng. Smith: I think that probably that will resolve the water in the bottom of the swale. Meridian Planning & Z^ Commission July 8, 1997 Page 39 Borup: Which has been the neighbors complaints is that correct? Henry: As I would understand it then the dirt that has been brought in our building and grass committee has not completed the spreading out of the dirt but in the areas where they had done their work I could see a difference. Borup: It sounds like one of the concerns of the City was some of the neighbors complaints. You mentioned if the others design them properly that is their problem to live with. Johnson: Any further comments from anyone? If not I will close the public hearing at this time. Fitzgerald: Chairman Johnson and Commission if I could since we have closed the public hearing at this point I would kind of like to address that question that the Commission and the Chairman raised. In terms of the issues from the prior zoning or building permit or whatever history is behind that which.) am not aware of. I would like to clarify in terms of general what the Commission is doing. Number one under section 11-2-416 K there are standards in which the Commission looks at this application. Under that application then you determine whether or not the application for a rezone or a zoning amendment is proper. In terms of the question that arose as to continued or other uses the Commission can recommend the property only be developed under a conditional use permit or a development commitment or a commitment from the developer be agreed to. But in terms of the prior problems with the property that would like to the original annexation or the conditions imposed upon under the building permit when that was issued or a conditional use permit that was issued. That is where the enforcement process would come in. Does that clarify or confuse? Johnson: I am impressed that you remembered all of those ordinance numbers. What would you like to do commissioners? MacCoy: I guess I would like to table this until we got it cleaned up. Johnson: I would suggest we put some stipulations in there as to what cleaned up means specifically. MacCoy: (Inaudible) Borup: I don't know that we need to table it to get things taken care of. Fitzgerald: Mr. Chairman, may I make a comment at this point. Again going back to the issue that is before the Commission is this application for a zoning amendment. Should it be rezoned from Ro-4 to L -O in terms of these prior problems or issues of, I don't want to use the word non-compliance. But certainly that is one issue but that should not necessarily, the duty of the Planning and Zoning Commission is to make a Meridian Planning & Zoo Commission July 8, 1997 Page 40 recommendation on this application to the City Council. So the motion to prepare findings of fact and if there are conditions that the Commission would like to impose in terms of that rezone then that would certainly be the proper way to approach it. Johnson: You would incorporate those in the findings of fact is what you are saying? Fitzgerald: That is correct. MacCoy: That sounds like a better idea. Can we do that that way, Mr. Chairman, I move we have the Counsel prepare findings of fact and conclusions of law for this project, in light of the staff report. Borup: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact on the application for a rezone from R-4 to L -O by Cherry Lane Baptist Church, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Does anyone have any questions on what we did on that? (Inaudible) Johnson: Well we had a public hearing and as I recall I closed the public hearing because nobody raised their hand. (Inaudible) Johnson: No, I asked if there was anyone else that would like to address the Commission on this application I believe is what I said. (Inaudible) Johnson: There wasn't a motion for you to be opposed to at that point. (Inaudible) Johnson: The only way we can accommodate you is to reopen the public hearing and I am not too sure that we can do that now that we have gone all the way to findings of fact, I will have to ask the City Attorney that. Fitzgerald: At this point the public hearing has been closed, we have had the motion. Meridian Planning & Zd& Commission July 8, 1997 Page 41 Johnson: Your alternative at this point is to appear before the City Council. Here is the progress of what happens or the chain of events. Tonight we have a public hearing and we gather testimony which we would hope would include both sides of the issues. We just got one side of the issue tonight. Now we have the City Attorney look at it from a legal standpoint that is what we have been talking about. He prepares the document we went through several of those this evening. There is no public testimony at the Planning and Zoning Commission when that document is presented which will be our next meeting August 12th. Then following that since this body has no authority in this situation it moves to the City Council at which time they re -notice and there is another public hearing. At that opportunity which will probably be late August or Early September depending on their workload you will have an opportunity to go before them again. I would encourage you to do so. The other thing you ' can do is you can offer written testimony in advance of that which will be incorporated in the public hearing with the City. It will not become part of our findings of fact because we have passed that stage. So I apologize for the confusion and I guess next time I will have to make myself more clear about if anyone has anything else to add to the hearing this evening. I apologize for that. ITEM #14: PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR A FAMILY HOME DAY BY B. GAIL CARRITHERS —1060 TAMMY PLACE: Johnson: At this time I would open this public hearing and ask that the applicant address the Commission or the applicant's representative. Betty Gail Carrithers, 1060 Tammy Place, Meridian was sworn by the City Attorney. Carrithers: I am a family home child care provider. My family and I recently relocated here from Vancouver, Washington where I was a licensed day care provider. In my day care I provide a safe and secure environment for the children to learn and play. I teach the children to be good citizens and to respect one another and the property of others. At no time would the children in my care be allowed to run wildly through the neighborhood. I am aware of the limited parking space available in our culdesac. I do not feel that this will be a problem to anyone we have room to accommodate four vehicles on our property in addition to our own. It has been my experience that rarely do more than 2 parents arrive at the same time and we can easily handle the parking for them. I feel that my day care will be an asset to the community as providing quality care and teaching good moral standards. I feel that I have met the requirements for an accessory use permit and would like to be granted one. Johnson: I am sure we have several questions, Mr. MacCoy? MacCoy: Have you been in receipt of this material here? Carrithers: Yes I have OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY it COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN GLENN R. BE TLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City En ineer Shari Stiles, P&Z Administrator July 3, 1997 Re: Request for Rezone from R-4 to L -O by CHERRY LANE BAPTIST CHURCH We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: This request for rezone to L -O is generally consistent with the goals of the Comprehensive Plan. The Zoning and Development Ordinance does not list churches as a permitted or conditionally permitted use. Therefore, the rezone to L -O is appropriate. In September of 1994, plans for a building expansion were submitted to the Building Department for approval. As part of those plans, the parking lot was to be expanded, with appropriate drainage facilities installed, and landscaping was to be completed. To date, not all of the items shown on the construction plans have been completed. For example, the drainage system doesn't function properly. Water stands in the swales long enough that algae and other plant life grows. The City has fielded complaints from adjacent property owners regarding odors, mosquitoes, and the stability of fences adjacent to the retention areas. Gary Smith, Meridian City Engineer, has discussed this situation with the design engineer, both in written form and over the phone; however nothing has been done to rectify the situation. The other item not yet completed is the installation of the landscaping shown on the plans. With roughly 49,000 square feet of asphalt, 33 trees would be required (1:1500 s.f.). Two trees are existing. The plan shows 28 trees that were to be installed along the frontage of Cherry Lane and in islands within and adjacent to the building and parking lot. The only landscaping accomplished is that the front area was grassed and a few bushes were placed within the landscaping islands. As Cherry Lane is an entrance corridor to our City, it is imperative that the proper improvements be completed. Also, it appears that no Certificate of Occupancy was ever given for the building. Cherry Lane Baptist.rez Planning & Zoning Commission/Mayor & Council July 3, 1997 Page 2 Although staff concurs with the rezone application, we would request that the ordinance rezoning the property not be approved until the noted improvements have been completed and a proper Certificate of Occupancy has been obtained for the building. Cherry Lane Baptist.rez BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CHERRY LANE BAPTIST CHURCH REZONE OF APPROXIMATELY 1.9 ACRES FROM R-4 TO L -O 2150 WEST CHERRY LANE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on July 8, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representative, Randy Fout, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the rezone application was published for two (2) consecutive weeks prior to said public hearing scheduled on July 8, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 8, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property consists of two parcels which together contain approximately 1.9 acres and is located within the City of Meridian. The property is described in the application which description is incorporated herein. The Applicant is the owner of record of the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. CHERRY LANE BAPTIST CHURCH 3. The property is presently zoned (R-4) Low Density Residential District and the Applicant requests a rezone to (L -O) Limited Office District. 4. Pursuant to the application, the property is presently used for a church. The proposed use of the property is to continue for a church. 5. Randy Pout, the representative of the Applicant, testified and explained substantially as set forth hereinafter. The Applicant has outgrown its existing property, and is considering purchasing other property and selling this property. Since paving the parking lot at the property, the Applicant has installed a sprinkler system and sod, landscaped the medians with appropriate shrubs and bushes. The Applicant has been trying to address the drainage system problem by laying additional fill in the area. The Applicant still has more fill to lay in the area. The Applicant has trees on the property to be planted, and intends to purchase and plant more trees. The Applicant was surprised by the City staff's comment concerning the Applicant's lack of a Certificate of Occupancy. The Applicant does not know why it does not have such certificate. The Applicant intends to check into the lack of such certificate and obtain it. 6. In response to questions of Commissioner Borup, Randy Pout, testified substantially as follows. The reason the landscaping had not been completed is that Cherry Lane was being re -constructed, and the Applicant had to wait until the completion of that re -construction. Once the re -construction of Cherry Lane FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. CHERRY LANE BAPTIST CHURCH was completed, the Applicant proceeded, at earliest available time, with laying the sod, installing the sprinkler system. The Applicant has been attempting to correct drainage system problem on its own; it has not been contacted by or had any contact with the design engineer. The Applicant believes the drainage problem has been solved; however, it has more fill to lay in the area. The problem relates to a low grade of the ground and the high water table. The Applicant is filling the area to raise the grade of the area and eliminate the drainage problem. There exists approximately 12 trees at the property to be planted. One of the issues concerning the planting of the trees is whether the Applicant can relocate where the trees are to be planted or if it must follow the exact plan. The medians in the parking lot are very small and require small trees. Consequently, the Applicant planted shrubbery in the medians believing the shrubbery would be adequate. 7. Commissioner MacCoy commented that he was appalled to learn from the City staff's comments that requirements initially imposed had not yet been completed. Further, he has viewed the property and it appears to have junk or trash on the property which is visible from Cherry Lane. 8. In response to questions of Commissioner MacCoy, Randy Fout, testified substantially as follows. The Applicant does not plan to expand the building on the property, but plans to move from the property. The property does not have sufficient area for FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. CHERRY LANE BAPTIST CHURCH 0 0 parking which would be required for an expansion of the building on the property. 9. In response to a question of Chairman Johnson, Randy Pout, testified substantially that the Applicant is preparing the property for resale. 10. In response to further questions of Commissioner MacCoy, Randy Pout, testified substantially as follows. The Applicant recognizes the problems it has with the property, including available area for parking. These problems are the reasons that the Applicant is preparing the property for resale. As a result of the preparation of the property for resale, the issues or questions brought up by the Commission will be addressed, such as a clean appearance and landscaping of the property. Some of those matters have been oversights by the Applicant and the result of changes in the volunteers. The building will not be altered,. other than it may be repainted. 11. Commissioner Smith commented substantially as follows. He shares the sentiments of Commissioners Borup and MacCoy concerning the property and the comments of City staff. 12. Chairman Johnson, Commissioners MacCoy and Borup, and the Planning and Zoning Administrator discussed the matters addressed in the City staff's comments and the lack of completion of requirements initially imposed upon the Applicant, including how best to address these issues. In this regard, Planning and Zoning Administrator, Shari Stiles, commented that the City staff does not have an objection to the rezone of the property; however, she does FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. CHERRY LANE BAPTIST CHURCH not believe it appropriate that the property be rezoned to facilitate the Applicant's. sale of the property and shift these issues and matters onto the purchaser of the property. 13. In response to further questions of Commissioner Borup, Randy Pout, testified substantially as follows. The Applicant does not have an objection to meeting the requirements initially imposed upon the Applicant as outlined in the City staff's comments. The issue from the Applicant's stand point is to resolve these matters so it may move forward with its plans. 14. In response to further questions of Chairman Johnson, Randy Pout, testified substantially as follows. The Applicant has laid fill dirt to correct the drainage problem. The Applicant has the drainage problem resolved except for one part of the area. It will continue to work to resolve the problem in this remaining area until it is adequate to the City. 15. In response to questions of Commissioner Borup, Clint Henry, a representative of the Applicant, testified substantially as follows. With regard to the drainage problem, he estimates that there has not been more than three to five inches of water standing in the area. The Applicant has tried to bring in enough dirt to eliminate the problem. With regard to the stability of the fence, which is located between the property and the subdivision east of the property, the Applicant believes that the problem was created by its contractor when the contractor dug the dirt away from the fence to pave the parking area. However, he points out that the fence was falling down and apart prior to the time the construction FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. CHERRY LANE BAPTIST CHURCH commenced on the parking area. The problem of the drainage and the fence relate to the acts of the Applicant's contractor. However, to his knowledge the construction by the contractor was in accordance with the design, and the Applicant has had no communication with its engineer about the drainage problems. The Applicant has received only one telephone call concerning the standing water and. mosquitoes. With regard to the standing water, he is referring to a swale along east side and south side of the parking on the property. 16. City Engineer Gary Smith commented substantially as follows concerning the drainage issue. The Swale along the north side and the east side of the parking lot is a retention basin. The water does not flow from the area. The swale is an on-site retention area for the parking lot. The water in the swale will only stand in the basin if the bottom is impermeable, otherwise the water would percolate down into the subsurface. Based upon the submitted plans, there is an infiltration trench at the very north and southwest corner of the project. The water should drain, penetrating into the ground through some gravel. The project was designed to drain toward the infiltration trench. However, if the project was not constructed at the proper elevation, the water will not drain away. Fill dirt will eliminate ground water from wicking up through the soil; however, he does not have an answer as to whether the Applicant's action of placing fill dirt in the area will correct the problem. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. CHERRY LANE BAPTIST CHURCH 17. Commissioner Borup commented that he is concerned whether the remedial action being taken by the Applicant is a permanent or temporary correction of the existing drainage problem. City Engineer Gary Smith commented in response substantially as follows. It would be helpful for the Applicant to provide the City with information on the design of the parking area to determine whether it is constructed or can be constructed in accordance with the design plan, or whether the elevation of the parking lot was constructed at such a grade that there exists insufficient holding capacity in the drainage swales for the storm water runoff from the parking area. 18. The proposed zoning amendment is consistent with the Meridian Comprehensive Plan. 19. A church is a permitted use in the (L-0) Limited Office District. 20., That the (L -O) Limited Office District is described in the Zoning Ordinance, 11-2-408 B. 7 as follows: (L-01 LIMITED OFFICE DISTRICT: The purpose of the (L-0) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L -O District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 21. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted comments FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. CHERRY LANE BAPTIST CHURCH • which comments are incorporated herein as if set forth in full. Their comments stated: The request for rezone to L -O is generally consistent with the goals of the Comprehensive Plan. The Zoning and Development Ordinance does not list churches as a permitted or conditionally permitted use. Therefore, the rezone to L -O is appropriate. In September of 1994, plans for a building expansion were submitted to the Building Department for approval. As part of those plans, the parking lot was to be expanded, with appropriate drainage facilities installed, and landscaping was to be completed. To date, not all of the items shown on the construction plans have been completed. For example, the drainage system doesn't function properly. Water stands in the swales long enough that algae and other plant life grows. The City has fielded complaints from adjacent property owners regarding odors, mosquitoes, and the stability of fences adjacent to the retention areas. Gary Smith, Meridian City Engineer, has discussed this situation with the design engineer, both in written form and over the phone; however nothing has been done to rectify the situation. The other item not yet completed is the installation of the landscaping shown on the plans. With roughly 49,000 square feet of asphalt, 33 trees would be. required (1:1500 s.f.). Two trees are existing. The plans show 28 trees that were to be installed along the frontage of Cherry Lane and in islands within and adjacent to the building and parking lot. The only landscaping accomplished is that the front area was grassed and a few bushes were placed within the landscaping islands. As Cherry Lane is an entrance corridor to our city, it is imperative that the proper improvements be completed. Also, it appears that no Certificate of Occupancy was ever given for the building. Although staff concurs with the rezone application,'we would request that the ordinance rezoning the property not be approved until the noted improvements have been completed and a proper Certificate of Occupancy has been obtained for the building. 22. The Meridian Police Department, the Meridian Fire Department and the Central District Health Department submitted FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. CHERRY LANE BAPTIST CHURCH comments on the subject application, which respective comments are hereby incorporated herein.as if set forth in full. 23. The Nampa & Meridian Irrigation District has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 24. The Ada County Highway District has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 25. There were no other comments by the public regarding this application. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property.. 2. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 3. The City of Meridian has authority to place conditions upon granting a zoning amendment. 4. This Application for a zoning amendment has been judged upon the basis of guidelines contained in Section 11-2-416 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. CHERRY LANE BAPTIST CHURCH c: • Idaho Code, the. Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. Section 11-2-416 A. states in part as follows: When the public necessity, convenience, general welfare or zoning and development practice require, the Council . may amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classifications of property as well as the regulations and provisions of this Ordinance. 6. Section 11-2-416 K of, the Zoning And Development Ordinance of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments. Upon a review of those requirements and a review of the facts presented and conditions of the area, it is specifically concluded as follows: (a) The (L -O) Limited Office District zoning would be harmonious with and in accordance with the Comprehensive Plan; (b) The area included in the proposed zoning amendment is intended to be developed. in a fashion which would be allowed under the proposed new zoning; (c) The property, if designed and used as allowed in the (L- 0) Limited Office District, would be designed and constructed to be harmonious with the surrounding area, which is developed in the fashion of the (R-4) Low Density Residential District; (d) The (L -O) Limited Office District use would not be hazardous to the existing or future uses of the surrounding neighborhood; (e) The (L -O) Limited Office District development would not create excessive additional requirements at public cost for public facilities and services, and would not be detrimental to the economic welfare of the community; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. CHERRY LANE BAPTIST CHURCH (f) The existing and represented continued use would not involve uses, activities, processes, materials, equipment or conditions of operation which would be detrimental to any person, property or the general welfare of the area; however, the amount of traffic may increase rather than if it remained under an (R-4) Low Density Residential District development; (g) The area should have vehicular approaches to the property which will be designed to decrease interference with traffic on surrounding public streets; (h) A rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance; and (i) The proposed zoning amendment is in the best interest of City of Meridian. 7. It is concluded that the City could rezone the property (L -O) Limited Office District, but once the property was rezoned (L-0) Limited Office District, the Applicant could place many different uses on the property without additional approval from the City other than building permits, which limits the control that the City should have over the development and the uses of the property. Because the City should have control over any uses that are to be placed on the land, it is, therefore, concluded, as a condition of rezoning, that any use or development of the property shall only be allowed under the conditional use process. 8. It is concluded that the property should be rezoned (L-0) Limited Office District, but only capable of being developed under the conditional use permit process. 9. It is further concluded that the Applicant must meet and comply with the comments, recommendations and requirements of Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. CHERRY LANE BAPTIST CHURCH Planning and Zoning Administrator. Their comments, recommendations and requirements include, but are not limited to, the following: (1) The Applicant shall cause the existing drainage problems of the drainage system facilities installed for the parking area be addressed by a state of Idaho licensed engineer or other competent person, and the Applicant shall take such action that is appropriate to correct the problems and functioning of the said drainage system facility; (2) The Applicant shall take such necessary appropriate remedial action and measures to correct problems with odors and mosquitoes resulting from standing water on the property, and the stability of the fences adjacent to the water retention areas; (3) The Applicant shall complete the installation of the landscaping at the property in accordance with the landscaping plans previously submitted to the City, including the planting of 33 trees; and (4) The Applicant shall, as required by City ordinance, obtain a Certificate of Occupancy for its occupation and use of the building on the property. 8. It is further concluded that the Applicant must meet and comply with the comments, recommendations and requirements of the Meridian Police Department, the Meridian Fire Department, the Central District Health Department, the Nampa & Meridian Irrigation District, the Ada County Highway District and any other governmental agency submitting comments on this application. 9. It is further concluded that either: a. The ordinance rezoning the property not be approved by the City Council until the previously required improvements of the property have been completed by the Applicant and the Applicant obtains a proper Certificate of Occupancy for the building; or b. This application be granted conditioned upon the Applicant complying with and meeting the previously required improvements to the property and it obtaining a Certificate of Occupancy for the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. CHERRY LANE BAPTIST CHURCH building on the property, and that if the Applicant fails to comply with and meet the previously required improvements for the property and/or fails to obtain a Certificate of Occupancy for the building on the property, the rezoning of the property, pursuant to this application be denied and its zoning remain (R-4) Low Density Residential District. 10. Proper and adequate access to the property is available and must be maintained by the Applicant, with appropriate buffering to residential properties and traffic on Cherry Lane Road and surrounding residential areas. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings.of Fact and Conclusions of Law. COMMISSIONER BORUP COMMISSIONER MANNING COMMISSIONER MACCOY COMMISSIONER SMITH CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED • �V VOTED i • -_ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. CHERRY LANE BAPTIST CHURCH DECISION AND RECO)G ENDATION The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for the zoning amendment requested under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the property only be developed under the conditional use permit process; that either the ordinance rezoning the property not be approved by the City Council until the previously required improvements of the property have been completed by the Applicant and the Applicant obtains a proper Certificate of Occupancy for the building on the property, or that the grant of this application be conditioned upon the Applicant complying with and meeting the previously required improvements to the property and the Applicant obtaining a Certificate of Occupancy for the building on the property, and if the Applicant fails to comply with and meet the previously required improvements to the property and/or fails to obtain a Certificate of Occupancy for the building on the application for rezoning of the property pursuant to this application, be denied and that the previously existing zoning of (R-4) Low Density Residential District be maintained; that if the Applicant is not agreeable with these Findings of Fact and Conclusions of Law and is not agreeable that the property only be developed under the conditional use permit process, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. CHERRY LANE BAPTIST CHURCH 0 conditions imposed hereunder, amendment should be denied. MOTION: APPROVED• 91417 • the application for the zoning DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. CHERRY LANE BAPTIST CHURCH WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney aHUB OF TREASURE VALLEY 4& A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBER WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: June 3, 1997 TRANSMITTAL DATE: 5/21/97 HEARING DATE: 6/10/97 REQUEST: Rezone from R-4 to 1,0 for Cherry Lane Baptist Church BY: Cherry Lane Baptist Church LOCATION OF PROPERTY OR PROJECT: SW 1/4 of SE 1/4 of Section 2. T.3N, R. IW Boise Meridian, Ada County JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) CITY OF NERMN WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 40 HUB OF TREASURE VALLEY 40 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 " FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: June 3, 1997 TRANSMITTAL DATE: 5/21/97 HEARING DATE: 6/10/97 REQUEST: Rezone from R-4 to L -O for Cherry Lane Baptist Church BY: Cherry Lane Baptist Church LOCATION OF PROPERTY OR PROJECT: SW 1/4 of SE 1/4 of Section 2, T.3N, R. IW Boise Meridian, Ada County JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: % 2 W �P 1-arb 1,0 w-- X o t Nor CITY of VIERIDIAN CIT CENTRAL CE DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # — GO Preliminary / Final / Short Plat L DISTRICT HEALTH DE Environmental Health Division SI. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. I�EcEIvED J U 1_ U 1 199rurn to: ❑ Boise CITYOF MERIDIAN[] Eagle ❑ Garden city Meridian ❑ Kuna ❑ ACz ❑ 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. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store El 15. Date: / �6 /� % Reviewed By: Review Sheet 00 10191 rcb, rev. WS ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Street Runoff is not to create a mosquito breeding problem. ❑ 11. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection ❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store El 15. Date: / �6 /� % Reviewed By: Review Sheet 00 10191 rcb, rev. WS 0 0 0 D J U L 11 1997 �1 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 RE: Rezone from R-4 to L-0 for Cherry Lane Baptist Church Dear Commissioners: All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans and we will require a Land Use Change/Site Development application be filed for review. The District has no further comment regarding this project with the exception of the above. Sincerely, ;John P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT JPA: dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Phones: Area Code 208 % Ju 1 �% OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 William Berg, City Clerk Boise 345-2431 City of Meridian 33 East Idaho Meridian, ID 83642 RE: Rezone from R-4 to L-0 for Cherry Lane Baptist Church Dear Commissioners: All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans and we will require a Land Use Change/Site Development application be filed for review. The District has no further comment regarding this project with the exception of the above. Sincerely, ;John P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT JPA: dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 8 July 1997 Gene P. Smith Hubble Engineering, Inc. 9550 West Bethel Court Boise, ID 83709 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Crossroads sub. No. 6 Dear Mr. Smith: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above - referenced development. If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent Ramon & Marilyn Yorgason City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 B01SE PROJECT RIGHTS - 40,000 LJ APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this Z day of J -e , 199 ROLL CALL COUNCILMAN MORROW VOTED PA COUNCILMAN BENTLEY VOTEDI COUNCILMAN ROUNTREE VOTED COUNCILMAN TOLSMA VOTED MAYOR CORRIE (TIE BREAKER) VOTED (INITIAL) APPROV DISAPPROVED. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Meridian Planning & Zoning Commission August 12, 1997 Page 4 Johnson: Moved and seconded we pass that recommendation onto the City Council as stated by Commissioner MacCoy, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE FROM R-4 TO L-0 BY CHERRY LANE BAPTIST CHURCH 2150 W. CHERRY LANE: Johnson: Do either of the commissioners have any comments- regarding these findings of fact as prepared by our City Attorney? Entertain a motion for approval please. Borup:. Mr. Chairman, I move the Planning and Zoning Commission of the City of Meridian hereby adopt and approves these findings of fact and conclusions of law. MacCoy: Second Johnson: A motion and a second to approve the findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Borup — Yea, Manning — Absent, MacCoy — Yea, Smith — Absent, Johnson — Yea MOTION CARRIED: All Yea Johnson: Is there a recommendation for the City Council? MacCoy: Mr. Chairman, the Planning and Zoning Commission hereby recommends that the property set forth in the application by approved by the City Council with the zoning amendment requested and the other conditions set forth in these findings of fact and conclusions of law. Including that the property only be developed . under the conditional use permit process. That either the ordinance rezoning the property not be approved by the City Council until the previously required improvements of the property have been completed by the applicant and the applicant obtains a proper certificate of occupancy for the building and the property. Or that the grant of this application be conditioned upon the applicant complying with meeting the previously required improvements to the property and the applicant obtain a certificate of occupancy for the building on the property. If the applicant fails to comply with and meet the previously required improvements to the property and or fails to obtain a certificate of occupancy for the building on the application for rezoning of the property pursuant to this application be denied that the previously existing zone of R-4 low density residential district be maintained. That if the applicant is not agreeable with these findings of fact and. conclusions of law and is not agreeable that the property only be developed under the conditional use permit and the conditions imposed here under the application for the zoning amendment should be denied. Meridian Planning & Zoning Commission August 12, 1997 Page 5 Borup: Second Johnson: Moved and seconded we pass the recommendation on as prepared in the findings of fact and conclusions of law by the City Attorney, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR AN ACCESSORY USE PERMIT FOR A FAMILY HOME DAY CARE BY B. GAIL CARRITHERS —1060 TAMMY PLACE: Johnson: Is there any discussion, does anyone have any comments regarding these findings of fact and conclusions of law? MacCoy: Mr. Chairman, the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. Borup: Second Johnson: Moved and seconded we approve the findings as prepared, roll call vote. ROLL CALL VOTE: Borup — Yea, Manning — Absent, MacCoy — Yea, Smith — Yea, Johnson— Yea Johnson: Recommendation to the City? Borup: Mr. Chairman, I move the Planning and Zoning Commission hereby decides and hereby approves this accessory use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. More particularly set forth in paragraph 12 of the conclusions of law that the property be required to meet the water and sewer requirements, the fire and life safety codes and the uniform building codes and other ordinances of the City of Meridian. The accessory use shall be subject to annual review by the City upon notice to the applicant. MacCoy: Second Johnson: Motion and a second to approve the Accessory Use permit, all those in favor? Opposed? MOTION CARRIED: All Yea 6 MERIDIAN PLANNING & ZONING COMMISSION MEETING: August 12,1997 APPLICANT: CHERRY LANE BAPTIST CHURCH AGENDA ITEM NUMBER: 3 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE FROM R4 TO L-0 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. 0 MERIDIAN PLANNING & ZONING COMMISSION MEETING: July 8.1997 APPLICANT: CHERRY LANE BAPTIST CHURCH AGENDA ITEM NUMBER: 13 REQUEST: PUBLIC HEARING: REQUEST FOR A REZONE FROM R4 TO L-0 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS lt' SEE ATTACHED COMMENT C I)m ov e I All Materials presented at public meeting* f"Rbecome property of the City of Meridian. C% 2U3 -WARRANTY DEED (Optional) Recorded ❑ Microfilmed ❑ Indexed ❑ Platted ❑ Deed Card ❑ Compared ❑ Prin nd for 8021003 Key Punched ❑ Master File ❑ Abstracted ❑ by Syms -York Company, Boise, Idaho To Treasurer ❑ El CT -8321 GH (DO NOT WHITE ABOVE THIS LINE) WARRANTY DEED PAUL FREDRICK RICHARDSON and GRACE GERALDINE RICHARDSON, GRANTOR(S) of MERIDIAN, County of ADA, State of Idaho hereby CONVEYS, GRANTS and WARRANTS TO CALVARY SOUTHERN BAPTIST CIJURCH OF BOISE' IDAHO' tINCORPORATED}"'� 911 South Cole Road, Boise, Idaho R,ANt'EE(S) of BOISE, County of ADA, State of Idaho for the sum of TWENTY-NINE THOUSAND SIX HUNDRED FOUR Dollars ($ 29)604.-771 DOLLARS AND 77/100ths the following described tract() of land in ADA County, State of Idaho: A portion of land located in the E,SW4SE4 of Section 2, Township 3 North, Range 1 West, Boise Meridian more particularly described as follows: Commencing at the quarter corner common to Sections 2 and 11, T. 3N., R 1 W., B.M., Ada County, Idaho; thence South 89851' E. 663.68 feet to a point; thence North 25.00 feet to the REAL POINT OF BEGINNING; thence North 32� 00 feet to a point; thence South 89 51' E. 231.00 feet to a point; thence South 32.00 feet toa point; thence North 89 51' W. 231.00 feet to the REAL POINT OF BEGINNING. EXCEPT any portion thereof lying -within the right-of-way of CHERRY LANE. Subject to that certain Real Estate Agreement dated August 17, 1970, and under which a Warranty Deed.is held in escrow from James B. 'Fairchild and Patricia J. Fairchild, husband and wife, to Grantors herein, which is unrecorded, Said Warranty Deed to Grantor herein to be delivered to Grantors by the escrow agent upon satisfaction of the indebtedness created by said agreement, which said indebtedness secured thereby, the Grantee herein does by acceptance of this Warranty Deed, assume and agree to pay, perform and discharge, according to the terms thereof. Location of above described property. 2150 West Cherry Lane House No. Street VYITNESS the hand of said Grantors this 10th day of August A.D. 19 79 c��4 4 4' � r au l Fr r i y--har on / Grace eraldine Richar son (NOTARY SEAL) State of Idaho County of Ada Ada County, Idaho, ss. Reauest of I personally appeared before me Tss. On the 10th day of Au gu s t A.D. 19 79 Paul Fredrick Richards:on';ar��l Order No. 91026850TN/ CORPORATE WARRANTY DEED FOR VALUE RECEIVED, CHERRY LANE BAPTIST CHURCH OF MERIDIAN, IDAHO, INC. an Idaho Corporation a corporation organized and existing under the laws of the State of Idaho, with its principal office at 2150 W. CHERRY MERIDIAN, IDAHO 83642 of County of ADA , State of Idaho, GRANTOR, hereby GRANT, BARGAIN, SELL and CONVEY unto MAX A. BOESIGER, INC., an Idaho Corporation GRANTEE whose current address is: 6445 GLENWOOD, BOISE, IDAHO 83703 the following described real property located in ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that Grantor is the owner in fee simple of said premises; that said premises are free from all encum- brances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by ;the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. The officers who sign this deed hereby certify that this deed and the transfer represented thereby was du- ly authorized under a resolution duly adopted by the board of directors of the Grantor at a lawful meeting duly held and attended by a quorum. In witness whereof, the Grantor has caused its corporate name to be hereunto affixed by its duly authoriz- ed officers this 25th day of March , in the year of 1991 ICOHPOHAIE `iF All CHERRY LANE BAPTIST CHURCH OF DIAN, INC. (CORPORATE NAME) DOf ALD R. LANEPRESIDENT Attest ��lap,U JBMES R. JACI SON SECRETARY STATE OF IDAHO , County of ADA , ss On this 25th day of March in the year of 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared Do a l d R. Tana and JaMesc; R Jackson known or identified tome to be the President and Secretary of the corporation that executed the instrumentor the persor5L who executed the instrument on behalf of said cor- poration, and acknowledged to me that such corporation executed the same. STATE OF IDAHO. COUNTY OF 2 I hereby certify that this instrument was Fled for record at the request 4 of C m at minutes past o'clock M . Z 4 this day of 11 Z 19 . in my office. and duly recorded in Book O of Deeds at Page Ex Officio Recorder E, i Order No.: ST-91026850TN/WO EXHIBIT "A" A parcel of land lying in a portion of the Southwest 1/4 of the Southeast 1/4 of Section 2, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a point marking the One -Quarter corner common to Section 1.1 and the said Section 2, also said point being the Southeast corner of SUNNYBROOK FARMS NO. 1, A SUBDIVISION, as filed for record in the office of the Ada County Recorder, Boise, Ada County, Idaho in•Book 44 of Plats at Pages 3609 and 3610; thence South 89 degrees 33'46" East (formerly described as South 89 degrees 33'48" East) 663.87 feet along the Southerly boundary of the said Southeast 1/4 of Section 2, which is also the centerline of Cherry Lane, to a point; thence North 0 degrees 33'50" East (formerly described as North 0 degrees 33'48" East) 25.00 feet to a point on the Northerly right-of-way line of the said Cherry Lane, also said point being THE REAL POINT OF BEGINNING; thence continuing North 0 degrees 33'50" East (formerly described as North 0 degrees 33148" East) 324.00 feet to a point; thence South 89 degrees 33'46" East (formerly described as South 89 degrees 33'48" East) 231.42 feet to a point; thence South 0 degrees 15'48" West 124.31 feet to a point; thence North 89 degrees 33'46" West 138.26 feet along a line Northerly of and parallel with the said Southerly boundary of the Southeast 1/4 of Section 2 to a point; thence South 0 degrees 15'38" West 199.69 feet along a line Easterly of and parallel with the Easterly boundary of the said SUNNYBROOK FARMS NO. 1 to a point on the said Northerly right-of-way line of Cherry Lane; thence North 89 degrees 3346" West (formerly described as North 89 degrees 33'48" West) 94.87 feet along the said Northerly right-of-way line to Cherry Lane to THE POINT OF BEGINNING. READ & APPROVED, i Order No. 91026851 TN f 0055 } i"✓ CORPORATE WARRANTY DEED FOR VALUE RECEIVED, MAX A. BOESIGER, INC. an Idaho Corporation, organized and existing under the laws of the State of Idaho, with its principal office at a corporation of County of ADA State of Idaho, GRANTOR, hereby GRANT, BARGAIN, SELL and CONVEY unto CHERRY LANE BAPTIST CHURCH O MERIDIAN, IDAHO, INC., an Idaho Corporation ' GRANTEE whose current address is: 2150 W. CERRY LANE, MERIDIAN, IDHO 83642 the following described real property located in ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that Grantor is the owner in fee simple of said premises; that said premises are free from all encum- brances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by tithe Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. The officers who sign this deed hereby certify that this deed and the transfer represented thereby was du- ly authorized under a resolution duly adopted by the board of directors of the Grantor at a lawful meeting duly held and attended by a quorum. In witness whereof, the Grantor has caused its corporate name to be hereunto affixed by its duly authoriz- ed officers this 25th day of March , in the year of 1991 i ICORPORAIE SEAL) PRESIDENT STATE OF IDAHO . County of ADA ss. On this day of in the year of _ before me, the undersigned, a Nutary Public in and for said State, personally appeared known or identified to me to be the of the corporation that executed the instrument or the person_ who executed the instrument on behalf of said cor- poration, and acknowledged to me that such corporation executed the same. MAX A. BOESIGER, INC. (CORPORATE NAME) By MAX A. BOESIGER, JR., PRESIDENT Attest: SECRETARY STATE OF IDAHO. COUNTY OF Z CA I hereby certify that this instrument was fried tot record at the request of C K M at minutes past o'clock M . Z —1 this day of Z 19 , in my office, and duly recorded in Book G of Deeds at Page Ex Officio Recorder �r Order No.: ST -91026851 TN/WO EXHIBIT "A" A parcel of land lying in a portion of the Southwest 1/4 of the Southeast 1/4 of Section 2, Township 3 North, Range 1 West, Raise Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a point marking the one-quarter corner common Lu sec -Lion 11 and 1 -he said Section 2; thence South 89 degrees 33'46" East (formerly described as South 89 degrees 33'48" East) 897.12 feet along the Southerly boundary of the said Southeast 1/4 of Section 2, which is also the centerline of Cherry Lane, to a point, also said point being THE REAL POINT OF BEGINNING; thence continuing South 89 degrees 33'46" East (formerly described as South 89 degrees 33'48" East) 362.62 feet along the said Southerly boundary of the Southeast 1/4 of Section 2 to a point; thence North 2 degrees 08'39" West 224.92 feet to a point; thence North 89 degrees 33'46" West 353.17 feet along a line Northerly of and parallel with the said Southerly boundary of the Southeast 1/4 of Section 2 to a point; thence South 0 degrees 15'48" West 224.69 feet to THE POINT OF BEGINNING. I AMENDED ORDINANCE NO. 774 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE SOUTHWEST % OF THE SOUTHEAST % OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, IDAHO; 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 change the zoning from R-4 Residential to Limited Office (L -O), for the following described parcel 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 aforementioned real property which is described as follows: A parcel of land lying in a portion of the SW % of the SE % of Section 2, T. 3N., R. 1 W., B.M., Meridian„ Ada County, Idaho and more particularly described as follows: Commencing at a point marking the one-quarter corner common to Section 11 and the said Section 2; thence South 89033'16" East, (formerly described as South 89051' East) 758.87 feet along the southerly boundary of the said SE % of Section 2, which is also the centerline of Cherry Lane, to a point, also said point being the REAL POINT OF BEGINNING; thence continuing South 89°33'46" East (formerly described as South 89°51" East) 500.87 feet along the said southerly boundary of the SE % of Section 2 to a point; thence North 2008'39" West, 224.92 feet to a point; thence North 89033'46" West, 491.43 feet along a line northerly of and parallel with the said southerly boundary of the SE % of Section 2 to a point; RECORDED-REQEST OF AOA CU NTY RECUR1 FA �aCi�n J. DAVID NAVARRO BOISE, IDAHO FEEDEPUTY REZONE ORDINANCE- 1 CHERRY LANE BAPTIST CHURCH 1998 AU 20 PM 2: 19 's/'1°/"�-19 8 0 7 9 7 41 thence South 0015'38" West, 224.69 feet to the Point of Beginning, comprising 2.56 acres (111,480 square feet), more or less. be, and the same is hereby rezoned from R-4 Residential to Limited Office (L -O) and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. This rezoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian City Council on the request for rezone. Section 2. The Applicant shall comply with all of the Ordinances of the City of Meridian including Fire Code, Life Safety Code, the Uniform Building, Electrical, Plumbing Codes and all of the Ordinances of the City of Meridian. That the Applicant shall enter into a Development Agreement and/or the property shall be developed under the conditional use permit process. Section 3. That if the Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R-4. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this 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 4- day of 1998. APPROVED: Fnial - �; r� �—We., 10 - ROBERT D. CORRIE 400 REZONE ORDINANCE CHERRY LANE BAPTIST CHURCH ATTEST: CLERK —WILLIAM 09. BERG, JR. STATE OF IDAHO, ) ss. County of Ada, I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE SOUTHWEST % OF THE SOUTHEAST % OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 774, by the City Council and Mayor of the City of Meridian, on the T day of , 1998, as the same appears in my office. this day of BEAL = T �p 1� STATE OF IDAHO, �z City Clerk, City of Meridian Ada County, Idaho ss. County of Ada, ) On this �_ day of 1998, tary blic in and for said State, personally before me, the undersigned, a No appeared William G. Berg, Jr., known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. REZONE ORDINANCE CHERRY LANE BAPTIST CHURCH ci IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,•� L L. SJ `•ry r 10 �oTAR p ti'. Notaryblic. or Ida o s = Residing at: : My Commission Expires: .. �''6,,f T� OF L�..•`� REZONE ORDINANCE 4 CHERRY LANE BAPTIST CHURCH t . ) 0&1-� &Ie CI'T'Y OF MERIDIAN PUBLIC WORKS DEPARTMENT LETTER OF TRANSMITTAL July 23, 1998 To: Meridian Legal Dept. Attn: John Prior From. Bruce Freckleton Subject: Corrected legal description for ordinance preparation rnciosea are ine iouowmn COPIES DATE 1 Ea. 7/23/98 : DESCRIPTION Revised legal description by Hubble Engineering dated 2/2/98 These are transmitted: ❑ For your ❑ For action ❑ For review ® For your use ❑ As requested information specified below and comment Remarks; Attached is a revised legal description for the Cherry Lane Baptist Church. The legal description in the approved Ordinance for annexation is incorrect. The State Tax commission bounced the Ordinance sometime last year, and it has taken some time to get a new revised one. We need to prepare an amended ordinance with this new legal. Copy to: File 5k.,.. ' 200 E. Carlton Street, Signed: 100 Meridian, Idaho 83642-2600 (208) 887-221 Wax (208) 887- PPI s (' 1P��?✓ Project No. 98037on 7��- albblAw'-z 40e'y"O'� DESCRIPTION FOR CHERRY LANE BAPTIST CHURCH CHANGE OF ZONE A PORTION OF THE SW1/4, SE1/4, SECTION 2, T.3N., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO February 2, 1998 A parcel of land lying in a poi Burr or the SW1/4 of the SE1/4 of SeCtlon 2, T.W. R.1 W., B.M., Meridian, Ada County, Idaho and more particularly desenbed as follows* Corywwricing at a point marking the one-quarter comer common to Section 11 and the sold Scctlon 2; J thence South 8903346" East. (formerly described as South 89°51' East) 7:51197 feet along the southerly boundary of the said SE1/4 of Section 2, which is auo Uie centerline of Cherry Lane, to a point, also said point being the REAL POINT OF BEGINNING; thence continuing South 89°3348" East (formerly described as South 89051" East) 500.87 feet along the said southerly boundary of the SE1/4 of Section 2 to a point; thence North 2008'39" West, 224.92 feet to a point; thence North 89"3346" West, 491.43 feet along a line northerly of and parallel wlth the said southerly boundary of the SE1/4 of Section to a point; thence South 0^15'38" Wouk 224.69 feet to the Point of Beginning. oomprbing 2.56 acres (111,480 square feet), more or less. MMOKN PUBLIC WORKS DEPT. PJS/vw/chrylnbapch FEB 03 '98 15:12 Prepared by: I IUBBLE ENGINEERING, INC. 5 Patrick J. Schcffler, P.L.S. TOTAL P.02 1 208 378 0329 PAGE.02