Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
General Council Church of God 7th Day CUP
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 46 46 HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R.TOLSMA C HARLES M. GLENN R. B NTLEYEE 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 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor 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: April 1, 1997 TRANSMITTAL DATE: 3/18/97 HEARING DATE: 4/8/97 REQUEST: Conditional Use for a metal building 84' Iona by 60' wide BY: General Council Church of God 7th Dav LOCATION OF PROPERTY OR PROJECT: 1827 W. 3rd. W. of Albertson Store JIM JOHNSON, P/Z MALCOLM MACCOY, P2 RON MANNING, P/Z GREG OSLUND, 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: � CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: ADDRESS: / 7 IV 2P,Z LA:;LL-2Ze-,ZW,2 - GENERAL LOCATION: jj2 a7r' 26Y �- &'U sor DESCRIPTION OF PROPOSED CONDITIONAL USE: ti 1_✓�1 �%1 rte//r�r � �•� l � �/ l' h / � � _ _ � _ _ � ZONING CLASSIFICATION: �f�4' sec PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). I certify that the information contained herein is true and correct. Ddw /Lter Signature of Applicant Social Security Number,_vr-vv— �i�/ LEGAL NOTICE OF PUBT JC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at —.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at ,LOT TO SUBDIVISION, BLOCK 0 • CONTENTS OF CONDITIONAL USE APPLICATION An application for a conditional use permit shall be filed with the Administrator by the owner of the property for which such conditional use is proposed. At a minimum, the application shall contain the following information: N e, ad rens and phone number of a pli ant; c1iyll o/� �q� Name, address and phone number of owner of subject property; &' %' e— (, Legal description of property; Proof of ownership of subject property (warranty deed) and notarized consent of property owner; ( Description of existing use;c',tju,� c�►�rJ Cu�Oec� %����d' Present use of subject property; Proposed use of the subject property; The District (present zoning) t t pertains to the subject property; ffr -� Thirty (30) copies of a vicinity map of a scale of one inch equals three hundred feet (1 "=300'); Ch4acteristics of subject property wfiich make a conditional use desirable A listingoe maiAlaMiresses of all property owners (from authentic tax ftl�records of Ada County) who are within three hundred feet (300') of the external boundaries of the land being considered, and a list of all owners within the area being considered for a conditional use; 12 A fee established by the Council; $275.00 + $1.42 each for certified mailings for each property owner listed within the 300 feet = Total Fee A statement that the applicant or user of the property agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial; and The application shall be verified by the applicant which shall state that he has read the contents thereof and verifies that the information contained therein is true and correct. The property will be posted 1 week before the hearing stating they have l - applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this will be done as part of the application. • • GENERAL COUNCIL of the CHURCHES of GOD, 7TH DAY 1827 West Third Street • Meridian, Idaho • 83642 • (208) 888-3380 March 6, 1997 To whom it may concern: The purpose of building a permanent shelter instead of the traditional tent that we have been using for campmeeting is because the cost of renting the tent is prohibitive. It is becoming more difficult each year to get a tent large enough and is costing approximately $2,500.00 each week that we rent one. To buy a tent large enough to hold our campmeeting in is greater than the cost of building a permanent shelter we would like to construct. The life of a big tent is only 10-15 years and we would then need to replace it. The shelter we would like to build would last longer. The proposed permanent structure would be open and have canvas sides like a tent to give the tent revival feeling the congregation wants. We will be using the grass for the floor just like the tent. We only hold campmeeting there once a year so we will use the lawn for parking just the same as we have for past campmeetings. We will only put in lighting and a sound system, as the multi-purpose building has a kitchen and bathrooms that can be used for our campmeeting. We thank you for your help in completing this project General Council President Don Palmer At arxn. �wMq .y 1 WARRANTY,. DEED�A4, L 4 r��EE .inH 2 • •f !'.Y For value received Clarence LeRoy Carpenterand If", 3 #b Ethel Carpenter, husband and wifei,the grantors, do hereby r ;. grant,. bargain, sell and convey unto Gene'ral'Council g ieadquarters ; Meridi8ii, Idaho : ' ' of God, (seventh day), Inc.,/a corporation,,,.the grantee'�f the, T 6 following described premises in Ada County, Idaho, to -wit A tract of land situate in a portion of the 4"11 \y 8 Quarter of the Southeast Quarter:,`of Section s cc jhip 3 Northi.' Ransoa, -;woot, 8c1pa ���v��, Idaho, described. as }'fol�lt�w8 ! ?'� ,. t,� . ' Beginning at a one-half inch diameter .x' 24 'inches-`gy+ Jong iron bar, from which the 'Northwest::eorler of 11 the Southeast Quarter of Southeast Que,rtier of r 4 Section 1, a one inch diaf6ker`',i'ron. Abdr, { 12 bears North 89052' West 328.84 feet distxit;'thence s South 0°34' East 1074'55'feet to a one inch diameter x 24 inches long iron bar,• thence ,South :89°58' East 163.32 feet .to'a one-halfinch''diameter 2' `14 x '24 inches long iron bar; thence North 0°27 West '+ 266.72 feet to a one-half inch`'diameter x 24".'incHes," ,� r y 15 .N ;long iron bar; thence South 89'58' East '163.32' ` feet to a one-half inch diameter x 24 inches long` 1$ '-16 iron bar; thence North 0°27' West 807.23 feet to•.a one-half inch diameter x 24 inches long iron bar; k X17 :thence North 89°52' West 328.84 feet,:"mord of less, ,� �j " `fix to the""point of beginning �-Containin X7.08 res., `* t� more or less..-,,,? p�L5k }jy�.. 19 Together with all and singular the tenements, .iy7 hereditaments and appurtenances•,thereunto belonging ? ,j 20 or in anywise appertaining; and X21 Together with a non-exclusive easement for'ingress . G'�'..' ' , and egress to and from said parcel of land bet�teen nRc " �". P that certain public road known as'Cherry Lane and ui ;.`', said `parcel of land, the; reel property covered by said easement being more particularly described as follows: Commencing at a point which is situate South 89°58'. li�P' East a distance of 76.90 feet from the.Southwest corner of the parcel hereinabove described; thence 6South 0033' West a distance of 225.00 feet to R R'j a point; thence South 89058'East a distance of 50.00 27_feet to a point; thence North 0°33' East a distance of 225.00 feet to a point; thence North 89058' West a distance of 50 feet, more or less, to the point,of iRRANTY.DEED, P. 1 �y beginning. %4� .2 PROVIDED, HOWEVER, that the use of the. S outhIJ00., feet of said parcel of land shall be and by acceptance hereof the grafit66,ajrees-,td. such restriction, to the extent' that no' 4 either temporary or permanent,� or any -structures I .,,,", to be used for the occupancy of peop, e or animals-.". C6� 5 either temporary or permanent shall b K e ngtrudted:�" installed, erected or placed thereon, and' this_ '-`-" 6 restriction to constitute a covenant running I the land. bar 7 I Subject to all easements Vand' right's of way a+„ . . .8 record or appearing 017'': -:..tfie land '.'/v' 4� 9 'TO HAVE AND TO HOLD the said pioglin'isiBi<t4i'th�'iheir""" 10 appurtenances unto the said grantee, its'! succesgors'-Ahd;3 it assigns forever. And the said 9 'rantorgii., d .. .... 22 and with the - said grantee, that they ^aretifie owners "4nE" •de 0 N 13 simple of said premises; that they are free fro6'aill enc': I rances l. So 14 except taxes and assessments for the gr year 1968 which afd:,� liens'but 15 not yet due,nor:pa W 0 thkt:`: theyf,,i4 .16 and defend same from all� lawful claims khatsde.0,0 yy Sii 17 1 Dated, this 27th day of Tune' U. 18 19 26 27 11 - 28 WARRANTY b] ,Clarence ,Leroy ;:Carpenter ' r Ethel Carpentift J., r It 'iy. • al VwIr T 4� 1 y t� STATE OF IDAHO ss. � ^; y 2 County of Ada 3 on this day of u h , 1968, before me, then Y t , 4 undersigned, a Notary Public in IAnd for, jad. State, personally ���: 5 appeared Clarence LeRoy Carpenter and Ethel Carpenter, husband 4 a 6 and wife, known to me to be the persons whose names are 7 subscribed to the within instrument,-htid'tic knowledged`to me r e t� Fv 8 that they executed the same. t'•!,g IN WITNESS WHEREOF, I have hereuntoset my .hand and �( affixed my official seal the day and: year in this certificate' Y "` yry: first hereinabove written. K ` l k �'S:'J ', J • - � .. � fi � � � ter f� v tl ct 12 •� ��. § 13a r+ ��Notary Public. for Idaho• 5 ffi a ,14 Residing at Boise, .IdatTo dry ,J'► rzo }tayh�n , r f4� r t r J n Y t Qi 1 �• m :;, 16 .. - '`> x ky it t* i' �{ w 1 �. m � f8 17 : 18 y. PIonEER TITLE CO ss aTATE OF IDAHO, COUNTY OF ADA, ir 19 Filed for record at the request/of tti �,� r �b ?- + i af�Min. pastl.�clockc�J✓t. this --clary 01ra S f r 20 IONN DA T1D0. R 4-;71-1011 S , Depub ei%� LG 1 a h 21 sv s 22 cw 24 25 26 27 28 ,F, yP�(.�•'.�•�``� ,� at.. :t � ,fie k '. 1�., � .4�'IPi; t. ",i'..'!t".. ,` 1 ;:7C" •�.'+�.'^,. e yy, %'r. r F 4 , � _i, P f 'S • y �' l � �:�, Pv - QIP. CIO to 40 co 14 • 3 -m m - M' v....X. v) '. Y. OD • l N Q•i O N � a T a ,,► ,' W N Q�; f • N { i'" 1'•Pv �' too CA V O 00 A M �s caIn Ir ' ' �• N �� t o t W' to t s a N; ci in 1N O Q •'1d •721�t1 1�f U' 00 iY Lu ONS _ a M_` ++► r a ;'�'! ` "► w t . ^ p CRES1 Q# �; 'aa 3a3WN3N ®M Q as 3'IMti� '`' 1 t�► '" �' N N . .,N _ h ::� N d01 3 � o m r• �, L d of �. ' 3AV Nl 8 AN .l' 4.; I • � r ,. t • 1 t � • iy ��i T'• �R.' 4 l th M1j 10 K1� 1 /1 y. N - 4i =�•'f� ,fi }'7 yC •r a,�/e'y�� N N N +. ^��� M i .�, <_� '4 (,•t y ' S• t• T IN W a y t� :�..- Q 'Id 0 0 41 tic WP O '.�� y'.T .7 •,' , NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on June 3, 1997, for the purpose of reviewing and considering the Application of General Council Church of God 7th Day, for a Conditional Use Permit for land located in the SE A SE % of Section 1, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located at 1827 W. 3`d, West of Albertson Store. The Application requests a Conditional Use Permit for construction of a metal building 84' long by 60' wide to hold church camp meetings. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 16th of May, 1997. ANOA K. DON, EPUTY C CLERK PUBLISH May 16 and May 23, 1997. b*4� !► r.w ) t ��, ter•+, ti r �–w •.� �. . 7cti 'Ii. �:'�. +s,i , L' 4 ._._ N 1L.'�. r CJ , ' . i : ;!. .t ` ; r:., 'r, p t •+..• x�\ [ •µ \'• ! i.n'7,••.. ' \til y_; � ;•'. ,S: I't'I ,. , t !t !�. FL! +�LY! y. Y � •! t ♦ T i:n � f 1� 1( P 7� "l.i 1(1 �1: It 6 in G7 0_I t0 M ro O q r 3 -0 co M' CY W �.•.. N � � fir. i.. ,Y � OOD11'1 � N .. { , � )'►'�� . �!: M f.. N (7 1— r r y{r� P ~1 .t !a ir• t y h N N $ En V! N LD © 4 u^N �• a � •� rGo N In in v N Q N N N +'ld A7S1l1�1 "'N OD . ... N:.: W O ,w 1 , O Ln t s:^ " O M — tt h v « }J u- CRE5T • , '�'�. Nati 7 r �'� +}. M' (D iV � • � � :�N� . -' '�. .�. i .,ter• 3a3WN3H 3'IVf]NM'd� `4 !�p +,. ► . in it N. N N °'MN ' 3AV Nl 8 AN _ a iti, 40 _ \} h i• jAl ,N. N N •. Q y r r !• w.. � ? A. l..'�{ 3 ! ,�•L y f JId 416 AN ,•r �� �� e:�� �! atw w N _ ON p 4+ N O' '' 1 .7: •r i . N • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on April 8, 1997, for the purpose of reviewing and considering the Application of General Council Church of God Ph Day, for a Conditional Use Permit for land located in the SE A SE % of Section 1, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located at 1827 W. 3`d, West of Albertson Store. The Application requests a Conditional Use Permit for construction of a metal building 84' long by 60' wide to hold church camp meetings. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 21 st of March, 1997. PUBLISH March 21 and March 28, 1997. 111 a � ers itle � L'" T Insurance Corporation A Stock Company Home Office -- Richmond Xir8inia STANDARD COVERAGE POLICY C-20568 SCHEDULE A AMOUNT $9,500.00 INSURED GENERAL COUNSEL CHURCHES OF GOD SEVENTH DAY, INC. EFFECTIVE DATE June 17 -g68 at 8:00 A. M. 1. The title to the fee simple estate or interest in the land described below is at the date hereof vested in: Clarence LeRoy Carpenter and Ethel Carpenter, husband and wife, presumptively as community property 2. The land referred to in this policy is described as follows: (See cow attached) Countersigned: CAPITOL TITLE COMPANY Avfhorized Officer aKA6e6t POL. FORM -74 SCHECULE A -LITHO IN U.,- : STANDARD COVERAGE_ POLICY- 1919 Lawyers Title Insurance Q:)rpordtion A Stock Company ctrnc OfTice -- Richn omi ,tits ;:vitt STANDARD COVERAGE P(D ICY SCHEDULE B This policy does not insure against loss or darnaye Ly the r,sor: of 'I,e following: PART 1 1. Taxes or assessments whicl` nre -)t >ho-vn exi5trny!ler. t cc- _ r uth.�4ly l. that levies taxes or assessments cn tea' p:operty cr t)y t v. ?. An facts, rights, interests, o- iair-;:s 4I ii Y 9 c hick are n.,t shover, �. ,r,. _ eco-:�� � �r,hlr_t.:auld tae ascertained by at-,inspectian of said io,. ! ar by makin, rrr� ; r ersur; i 3. Easements: cicirr.of easement or rhr ncwhich 4. Discrepancies, , iMcts in boundaryas short(,: ? in a ea s ar,y;:.. s which a correct survey v;ouid disclose, ur,: are not show( >>y _ r_,t, 5. Unpatented n-Jr-,ing claims; reserva ;)r exceptic ,s i � _,'. ".�; _ .,: :r issuance thereof; water rights, claims or title to +er. PART 11 6. General Taxes for the year 1968 which are,liens, are not yet due and payable. V. Liens and assessments of the Meridian Cemetery Maintenance District, and the rights and powers of said district as by law provided; said assessments are collected with the general taxes. 8. Liens and assessments of the Meridian Fire Protection District, and the rights and powers of said district as by law provided; said assessments are collected with the general taxes. 9. Liens and assessments of the Nampa -Meridian Irrigation District, and the rights, powers and easements of said district as by law provided. No delinquencies appear in the County Recorder's office. 10. Right-of-way Agreement dated April 16, 1907 executed by and between John A. Flack and Andrew J. Flack and Settlers Canal Company, Limited, a corporation, recorded May 17, 1907 in Book 62 of Deeds at page 407, records of Ada County, Idaho. 11. Ditch, road and canal and public utility easements as the same may exist over the premises. 12. Lack of ingress or egress by public roadway. 13• Unrecorded Contract of Sale from Clarence LeRpy Capp6nter and Ethel Carpenter to General Counsel Churches of God Seventh Day, Inc. Page 1 of Sched B—Pol. No. T 680414 ORIGINAL POL. FORM 74 -SCHEDULE B LITHO IN U.S.A. STANDARD COVERAGE POLICY -1969 Attached to and made a part of Lawyers Title Insurance Corporation PARCEL #3 Being a tract of land situate in a portion of the SEw of the SA of Section 1, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho and more particularly described as follows: Beginning at the.,NW corner of the SE4 of the SE� of Section 1, a i'1 diameter.- iron iameter:iron bar! thence South 890521 East 328.84 feet to a iT1 diameter by 2411 long iron bar; thence South 00341 East 1074.55 feet to a 2" diameter by 2411 long iron bar; thence South 89°58t East 163.32 feet to a ill diameter by 24" long iron bar; the TRUE POINT OF BEGINNING; thence South 890581 East 163.32.feet to a" diameter by 24" long iron bar; thence North 00271 West 266.72 feet to aT1 diameter by 2411 long iron bar; thence North 89°581 West 163.32 feet to a" diameter by 24" long iron bar; thence South 00271 East 266.72 feet, more or less to the true point of beginning. PARCEL #4 Being a tract of land situate in a portion of the SF� of the SFr of Section 1, Township 3 North, Range 1 West of the Boise "leridian, Ada County, Idaho and more particularly described as follows: Beginning at a`i"--diameter by 24" long iron bar; from which the NW corner of the SFr of the SE� of Section 1, a ill diameter iron bar bears North 89°521 West 328.84 feet distant; thence South 0°341 East 1074.55 feet,to a i'/ diameter by 24" long iron bar; thence South 89°581 East 163.32 feet to a" diameter by 24" long iron bar; thence North 00271 West 266.72 feet to a in diameter by 2411 long iron bar; thence South 890581 East 163.32 feet to a J" diameter by 24" long iron bar; thence North 00271 West 807.23 feet to a in diameter by 24" iron bar; thence N$rth 890521 West 328.84 feet more or less, to the point of CONDITIONS AND STIPULATIONS—CONTINUED S. Notice of Loss—Limitation of Action In addition to the notices required under paragraph 4(b), a statement in writing of any loss or damage for which it is claimed the Company is li- able ender this policy shall be furnished to the Company within sixty days after such loss or damage shall have been determined and no right of action shall occrue to the Insured under this policy until thirty days after such statement shall have been furnished, and no recovery shall be had by the Insured under this policy unless action shall be commenced thereon within five years after expiration of said thirty day period. Failure to furnish such statement of Icss or damage, or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Insured of any action under this policy. 6. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim insured against or to pay the full amount of this policy, or, in case loss is claimed under this policy by the owner of the indebtedness secured by a mortgage covered by this policy, the Company shall have the option to purchase said indebtedness; such purchase, payment or tender of payment of the full amount of this policy, together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder. In the event, after notice of claim has been given to the Company by the Insured, the Company offers to purchase said indebtedness, the owner of such indebted- ness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 7. Payment of Loss (a) The liability of the Company under this policy shall in no case exceed, in all, the actual loss of the Insured and costs and attorneys' fees which the Company may be obligated hereunder to pay. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon the Insured in litigation carried on by the Company for the Insured, and all costs and attorneys' fees in litigation carried on by the Insured with the written authorization of the Company. (c) No claim for damages shall orise or be maintainable under this policy (1) if the Company, after having received notice of an alleged defect, lien or encumbrance not excepted or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company, or (3) in the event the title is re- jected as unmarketable because of a defect, lien or encumbrance not excepted or excluded in this policy, until there has been a final determination by a court of competent jurisdiction sustaining such rejection. (d) All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto and no payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company; provided, however, if the owner of the indebtedness secured by a mortgage shown in Schedule B is an Insured herein then such payments shall not reduce pro tanto the amount of the insurance afforded hereunder as to such Insured, except 'to the extent that such payments reduce the amount of the indebtedness secured by such mortgage. Loss payable to the Insured under this policy shall be payable, first, to any insured owner of indebtedness secured by mortgage shown in Schedule B in the order of priority, ratably as their respective interests may appear if such ownership vests in more than one, and thereafter, or if there be no such insured owner of indebtedness, to the other Insured, ratably as their respective interests may appear. Payment in full by any person or voluntary satisfaction or release by the Insured of a mortgage covered by this policy shall terminate all liability of the Company to the insured owner of the indebtedness secured by such mortgage, except as provided in paragraph 2 hereof. thereafter. (e) When liability has been definitely fixed in accordance with the conditions of this policy the loss or damage shall be payable within thirty days S. Liability Noncumulative It is expressly understood that the amount of this policy is reduced by any amount the Company may pay under any policy insuring the validity or priority of any mortgage shown or referred to in Schedule B hereof or any mortgage hereafter executed by the Insured which is a charge or lien on the estate or interest described or referred to in Schedule A and the amount so paid shall be deemed a payment to the Insured under this policy. The provi- sions of this paragraph numbered 8, shall not apply to an insured owner of an indebtedness secured by a mortgage shown in Schedule B unless such In- sured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 9. Apportionment If the land described or referred to in Schedule A is described as separate and non-contiguous parcels, or if contiguous and such parcels are not used as one single site, and a loss is established affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rota basis as if the face amount of the policy was divided pro rata as to the value on the date of this policy of each separate independent parcel to the whole, ex- clusive of any improvements made subsequent to the date of this policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the Insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 10. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest i:s the Company unaffected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies which the Insured would have had against any person or property in respect to such claim had this policy not been issued. If the payment does not cover the loss of the Insured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of the Insured, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. The Insured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies. If the Insured is the owner of the indebtedness secured by a mortgage covered by this policy, such Insured may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the mortgage, or release any collateral security for the indebtedness, provided such act does not result in any loss of priority of the lien of the mortgage. 11. Policy Entire Contract Any action or actions or rights of action that the Insured may have or may bring against the Company arising out of the status of the lien of the mortgage covered by this policy or the title of the estate or interest insured herein must be based on the provisions of this policy. No provision or condition of this policy can be waived or changed except by writing endorsed hereon or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 12. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to its home Office, 3800 Cutshow Avenue, Richmond, Virginia. Lawyers Title Insurance Corporation Home Office~ Richmond ,Virginia .,L FORM 74— COVER SHEET — CONDITIONS AND STIPULATIONS LITHO IN U.S.A. STANDARD COVERAGE POLICY -1969 it \�/��� • • PARCEL #1 Being a tract of land situate in a portion of the SE4 of the SEI of Sec. 1, T.3N., R.1W., B.M.; Ada County, Idaho and more particularly described as follows: Beginning at the NW corner of the SE-14ofthe SEI of Sec. 1, a 2" dia. iron bar; thence S89°52'E 328.84 feet to a 2" dia. x 24" long iron bar; thence SO6W E 1074.55 feet to a 2" dia. x g4" long iron bar, the TRUE POINT OF BEG�NNING; thence SO WE 90.00 feet to a 2" dia. iron bar; thence S89 58'E 75.14 feet to a point; thence SO°33'W 135.00 fest to a point on the north R/W line of Cherry Lane; thence S89 58'E, along said R/W line 254 feet, more or less to a 2" dia. x 24" iron bar; thence N0827'W 225.00 feet to a 2" dia. x 24" iron bar; thence N89 58'W 326.64 feet, more or less, to the true point of beginning. Containing 1.457 Acres, more or less. Excepting therefrom the following described easement for access purposes: Beginning at the 2" dia. x 24" iron bar, from which She true point of beginning of aforementioned tract b8ars N89 58'W 76.90 feet distant; thence from said iron bar, SO 33'W 225.00 feet to a point on the north R/W line of Cherry Lane; thence S82 58'E, along said R/W line, 50.00 feet to a point; thence NO EE 225.00 feet to a 2" dia. x 24" long iron bar; thence N89 58'W 50.00 feet,to the point of beginning. Basis of Bearing; th8 most easterly line of said tract; by Solar observation = NO 27'W, as shown on a plat of a survey dated May 1968 by P.E. 836. ." 9 PARCEL #2 Being a tract of land situate in a portion of the SEI of the SE -1-4 of Sec. 1, T.3N., R.1W., B.M.; Ada County, Idaho and more particularly described as follows: Beginning at the NW corner of the SE4 of the SE-14of Sec. 1, a 2" dia. iron bar; thence S89°59'E 328.84 feet to a -Y' dia. x 24" long iron bar; thence S0 34'E 1164.55 feet to a z" dia. iron bar, the TRUE POINT OF BEGINNING; thence SOo34'E 135.00 to a 1" dia,, iron pipe on the north R/W line of Cherry Lane; thence S89 58'E, along said R/W line, 72.50 feet to a point; thence N0�33'E 13.5.00 feet to a point; thence N89 58'W 75.14 feet, more or less to the true point of beginning. Containing 0.229 Acres, more or less. Basis of Bearing; by Solar observation, as shown on a plat of a survey dated May 1968 by P.E. 836. PARCEL #4 Being a tract of land situate in a portion of the SEA,of the SE4 of Sec. 1, T.3N., R.1W,, 8,M,; Ada County, Idaho and more particularly described as folloias: Beginning at a j" dia. x 24" long iron bar; from which the NW corner 8f the SE4 of the SE -1% of Sec. 1, a I"dia. iron bar, bears N89 52'W 328.84 feet distant; thence SO 34'E 1074.55 feet to a =z" dia. x 24" long iron bar; thence S89058'E 163.32 feet to a dia. x 24" long iron bar; thence N0 g7'W 266.72 feet to a dia. x 24'' long iron bar; thence S89 58'E 163.32 feet to a -j" dia. x 24" long iron bar; thence NO g7'W 807.23 feet to a til, dia. x24" long iron bar; thence N89 52'W 326.84 feet, more or less, to the point of beginning. Containing 7.0032 Acres, more or less. Excepting t;at covenant as siown on a plat of a survey dated i%gay by ; . easements. -, ar",(; suujc;ct' to all irrigationrriyairrigationditch Basis of bearing., tz;6^most easterly line of said tract: by Solar obsarvation = t4o 47'W, as shown on the aforementioned plat. GENERAL COUNCIL of the CHURCHES of GOD, 7TH DAY 1827 West Third Street • Meridian, Idaho • 83642 • (208) 888-3380 March 6, 1997 To whom it may concern: The purpose of building a permanent shelter instead of the traditional tent that we have been using for campmeeting is because the cost of renting the tent is prohibitive. It is becoming more difficult each year to get a tent large enough and is costing approximately $2,500.00 each week that we rent one. To buy a tent large enough to hold our campmeeting in is greater than the cost of building a permanent shelter we would like to construct. The life of a big tent is only 10-15 years and we would then need to replace it. The shelter we would like to build would last longer. The proposed permanent structure would be open and have canvas sides like a tent to give the tent revival feeling the congregation wants. We will be using the grass for the floor just like the tent. We only hold campmeeting there once a year so we will use the lawn for parking just the same as we have for past campmeetings. We will only put in lighting and a sound system, as the multi-purpose building has a kitchen and bathrooms that can be used for our campmeeting. We thank you for your help in completing this project General Council President Don Palmer V 16 Vo. s 0 1!4 23 7 31201449100 s 1201438400 /0400 !00.00 PAR951212120715 12 L! 120 \7" 2X90 51212120610 \— —twi— N — . bO I R757027600 41 HR57027600110 I "".,.0.. .1.702760090 IR13702760290 R5702760100 II 83702760260 t 0 '4102M 85702760110 57 2 2 51201442010 1 ;. 51201449305 S1201449395 >< 0 LS,119 149500 0 I 2tf 17308 S1212110366 0212 1 1 0374 . . R945300013- 1116463 1145-' ti 51212110372 I 2tf 17308 R945300013- 1116463 1145-' g n 82453000012' 3 4 71 I 3 %. i R94530000254 R9453000160 R9453000155 R9453000040 I 5 5 3 4 ON000170 tIj R9433000045 R9453000035 ""530 "1 60 R9453000175 R9453000063 II IiI -t-433_0 3 R04330�00073 R94530001115 894$3000190 R9453000070 2 II 9453000200 89433000105 8945300090 *94 ItSMOOONS f R9433000205 R9433000210 R9453000093 . R9433000io5 R9433000,05 R94S3000f00 II R9453000220 R9453000211 I Is 17 it t9 20 I R9453000225 R9433000119 it now I 11 W:■ �.., x .- , - ��. ,�..:..a �� t Rim :l • R b74 21 A-2 h I �m r 11 �■ : ■! 11' 111' :1 =1� 1111 1w:r 0 0 C a-lj L-.,A,e�j Meridian City Council • June 3, 1997 Page 6 Stiles: Yes Morrow. Mr. Mayor, then Ms. Stiles and Mr. Smith if there is no presentation here by a representative by Westpark Company are you comfortable with all of the information that you have been provided and see an reason that we cannot go forward with this at this juncture? Stiles: No, I have no problem with this plat. Morrow. That being the case Mr. Mayor I would move that we approve the final plat for Sportsman Pointe No. 7 by Westpark Co. Inc. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the final plat of Sportsman Pointe Subdivision No. 7, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR USE OF A METAL BUILDING 84' LONG BY 60 WIDE BY GENERAL COUNCIL CHURCH OF GOD 7T" DAY: Corrie: I will open the public hearing at this time and invite the representative from the Church of God 7th day to come forward. Don Palmer, 575 E. Covered Road, Kuna, was sworn by the City Attorney. Palmer: As I testified before the Planning and Zoning and you probably have gotten the comments of that and I don't want to rehash too many things on that part over because I know you have a long agenda. So I will give a brief accounting of what we have done in the past years. We actually started down on King Street we held our first camp meeting down on King Street in a little church which is straight east of where the Davis food store used to be on King Street. We held camp meeting there in a tent. That started when the first I can remember is when I was 6 and we have been holding camp meetings every year since. Our camp meeting there was with a tent and we also had a tent that we used for cooking with. From there why we bought ground down on 2 '/ Street and we started holding camp meetings there in about 54. There we used a tent and we also built a facility with kitchen and dining hall and also had a publishing house there that we have used over the years for our publications. Then years later we built a dome tent, probably some of you can remember and I brought a picture of it so you might remember. The dome tent we used for well over right on 25 years until we sold that piece of ground and then moved down to where we are presently. At that place we have always used the camp grounds for our parking area. We had our lawn, because it Meridian City Council June 3, 1997 Page 7 is only a yearly function, it is not a weekly function or monthly function. We only hold a camp meeting on the grounds once a year. So we have use for our parking for our camp meeting over and above what we had regular for our regular fellowship meetings has just been our lawns and we have also used our lawns for baseball fields and such as that down there on the old camp ground. We also have people come and bring tents and their campers and whatever to stay in there. So we have utilized our grounds quite well in that manner. We use it for the parking and also the City of Meridian until we sold it most of your parade started off there on our grounds and left there and that is where you met and used it to start off with for your parades for many years. From where we have moved to now off of Cherry Lane and we have been holding camp meeting there and this will be our 8th year we have been leasing a tent we built previously to that a multi-purpose building for our dining halls, for all of our needs as for as restroom facilities and these kinds of things. We brought in a 6 inch water line, we have two fire hydrants there on our own grounds for fire safety. We also brought in an 8 inch line from the north side of our property for our sewage system. So we have been using this system and it has met our requirements in this park quite well. When we moved down there after we got our building done for our dining hall we have been using a tent every year and it is becoming hard to get a tent that is big enough for our yearly function and also the Boise River Festival is being held just before ours and they are taking all of the tents that are available. So we are having a very hard time getting tents, they are also becoming very expensive to rent. So we have been using our grounds down there as we have been on the old one. We have been using our lawns for our yearly function to park on and for people to put tents or their campers or whatever they have for this weekly function that we have once a year. It has always been over the fourth of July weekend so we have tried to do that so that people from out of state and long distances they can take two or three days on their vacation, stop by, be at an old fashioned camp meeting and go on their vacation. It has been really quite functional for us. We looked at moving our old dome down there but we couldn't get anybody that would go through an engineer so we could use it. And to build another one like it would have cost as much as what it would to put up a permanent building. So it just hasn't been cost effective to go ahead and do that. So we have also with our lawns down there put up a ball field and the church leagues here in the City have used it for a number of years until this year they have used our ball field in the leagues to play ball. So this year is the first year they haven't used it for their leagues but it is being used for practice and things and so it is being utilized quite well. If we put a lot of asphalt down on our lawns for a yearly function then that would take away from what we use it the rest of the year for. So we have tried very hard to utilize everything to the best of our ability. We have done landscaping down there every year we have added to it. We plant more trees, last year we put up a flag pole, I guess you would call it. It is a brick area where people could buy bricks and we have put their names on a plaque, similar to what the City of Meridian has down at the park. So that when people donated money in somebody's name or themselves it was put into that. So we have done a lot of things in that manner to make it look more appropriate and make it look dressed up. So we do try to use our facility so that it is used in the community as much as possible. And we use our lawns like I say in our camp meeting, that is what we have used for our parking, it is only a yearly function Meridian City Council • June 3, 1997 Page 8 not weekly or monthly. We use it for seven days and then that is the end of our camp meeting and then we just have our local church and what is done there normally. I guess with that. Morrow. Mr. Mayor, question, Mr. Palmer in the course of your normal events the parking that you currently have that is paved is adequate to handle your events that you have now? Palmer: For our weekly church service and things yes it is more than adequate for what we have there for what we have. Our overflow with our camp meeting that is why we use our baseball field and things for our parking and tents and campers so that people can use it. Morrow: I understand, this is over the 4th of July weekend which is typically fairly hot and if it was asphalt it would be less than comfortable camping is that a fair statement? Palmer: Very much so, because it is very hot usually over the 4th of July. Also our supplies and things for our camp meeting we buy most of them here locally from the merchants in town as far as our foods. We have been buying most of them from Jerry and Bill's towns and now that they have closed up we also have started buying an awful lot of them from Albertson's and some of the other local stores here. With the number of people that come through and that we feed, that does add up to quite a sum of money that is being spent here locally as far as our event that is here. Morrow. Another question, over the 30 years the City of Meridian has jointly used your facilities when you were not using in terms of staging area and ball fields and so on and so forth. Palmer: The church leagues once we moved down to where we are at not they used our baseball field in your league program for the churches. This will be the first year it hasn't been used since we made our baseball field there. It is not a real elite baseball field like what the City of Meridian has down here at the parks but it served a purpose and a lot of them use it for practice and our own church league uses it for practice also. Morrow. Would that use be somewhat diminished by asphalting these particular areas that we are talking about? Palmer: Yes it would. Morrow. Does the church plan in the future to allow small practice fields for youth programs to practice in that what is your off season? Palmer: The churches have asked to take and be able to use it and a lot of them do use it for practice and things. Meridian City Council • • June 3, 1997 Page 9 Morrow. I have no more questions? Rountree: Have you had an opportunity to review the findings of fact and conclusions of law that were prepared by Planning & Zoning? Palmer: Yes Rountree: Do you have any questions or concerns with any of the conditions? Palmer: I went over the, the main one that seemed to be was the one from the Fire Chief and I met with him Monday and spoke to him about things and we can comply with that without any problems. The main one would be putting up a lot of asphalt and things on our yard for a yearly function that we only do once a year, we use it for seven days and then we would have a great big large piece of asphalt that really we couldn't use for anything else. For a small group to put on more than one camp meeting a year you just wouldn't want to do it. We have no intentions of doing it more than once a year. Corrie: Any further questions from Council? Tolsma: Yes, this building is more like a frame work with metal roof and then you will use the canvas side walls (inaudible) Palmer: Yes I gave copies Tolsma: When you are done with the camp meeting you just take the side walls down (inaudible) Palmer: Yes the only thing that will be in our building, it will be similar to this right here. It is just a long structure that is 84 feet long and 60 wide. The back of it and 20 feet down on each side will be solid sheet metal so that the sound will carry back and not over bother anybody who is residence anywhere else. We will bring steel down approximately 7 feet so that we will have about 7 feet of canvas from here around that we will use. When the camp meeting is over those will be taken down and it will be an open, vacant field there really because the only other things that will be in there will be electricity for lights and sound system and that will be all. It is a very basic structure (inaudible) off white so it is not overly bright and yet it will serve the purpose (inaudible). Corrie: Any further questions from Council? Anyone else from the audience who would like to issue testimony at this time? Lezli Luneskas, 632 West Idaho, Meridian, was sworn by the City Attorney. Luneskas: Hi, I actually am involved because I am the Director of Children's ministries for our national camp meeting. The asphalt would be a really big problem for what I do with the kids during that week. It is July and we like to have them outside and get them Meridian City Council • June 3, 1997 Page 10 really hyper and wired during the morning so they can takes naps in the afternoon and be able to get through services at night. So I do a lot of running around with them on that green space. We utilize probably every foot of it with anything from follow the leader to the different games we set up. Were that to be asphalted I would have so many problems with injuries and scraped knees and plus just not being able to do a lot of the games that we do. Children obviously need to be outside at summertime it is a chance for us to show them a fun time and teach them things. Another thing that I do is utilize a lot of that grass space and green space for doing special attractions and special events for them during that week. For example last year we brought in a petting zoo and utilized part of that. We had a special game afternoon outside. This year we are looking at doing a water balloon festival type of thing. Or some sort of water something I haven't exactly decided what. But having them do that on asphalt is going to make it really slippery and I am going to have a lot of injuries and a lot of kids getting hurt and a program that is not going to be as useful or fun and I am not going to have their attention as long if I have to keep them inside and off of that green space. Corrie: Any questions for Lezli? Thank you Lezli Wayne Williamson, 11535 West Hazeldale Court, Boise, was sworn by the City Attorney. Williamson: I think Don has covered most of the things I was going to say. The one thing that we do have in our organization is rather unique. The churches are all a local autonomy which probably cuts down on the funds that we get. So the funds are usually pretty tight around there. I believe that putting in very much asphalt would be an insurmountable burden to us. The labor is basically done by our local people. We have skilled people to do this type work so I think we could put up the building fine. The asphalt would be a financial burden to us. The local church has always been very cooperative in letting us use their parking area and the access this (inaudible). I don't know as I have much more to say. Only I do think that the building would be much safer than a tent in a wind storm it gets quite blustery at times. I think it would look much nicer and I guess we just appreciate your consideration if you can go along with us for this variance. Corrie: Any questions? Thank you Wayne, anyone else from the audience who would like to issue testimony? Council any questions or discussion? Rountree: I just ask for comments from staff? Anything to add. Stiles: Councilman Rountree, Mayor and Council, I guess the only thing that I was wondering in my comments as I was reviewing the project whether they met the conditions for the parking requirements and landscaping requirements even for what they have existing today. Whether they have the paved parking area as required by ordinance and whether their landscaping meets landscaping requirements. Not that they Meridian City Council • June 3, 1997 Page 11 should displace green space with asphalt just merely that they met the requirements for existing uses. I guess that wasn't really clear from the site plan that we had. Corrie: Gary any comments? Any further comments from the Council, questions? Morrow. Mr. Morrow, I guess from my standpoint I don't have a problem with the existing things meeting the requirements or whatever. I do think it doesn't make sense for this type of an event to convert green space to asphalt. So I think that from my perspective I would like to see the findings reflect that very clearly that additional asphalt for this event is not required and I offer that for a point of discussion. Rountree: Are you suggesting then possibly an amendment to these findings or new findings on this matter to clarify that. I really only find it in one location where it even mentions the paving. Morrow I think that the place I found it was the decision and recommendation, I did not find it elsewhere in the findings. I think that from my perspective they could simply be amended eliminating that reference or clarifying that reference that it not be a requirement of this conditional use for additional asphalt. I guess the other question with respect that comes to mind to the existing facility and whether the current load is sufficient for parking and landscaping is that (inaudible) were they sufficient at the time that the structure were originally built, does anybody know? Charles Ward, 435 East Columbia, Meridian, was sworn by the City Attorney. Ward: The question was when the present facilities were constructed is that your question, the local church was first occupied in the Spring of 1970. The other buildings other than the large building that Don had reference to that was built just a few years ago the other building on there would have been built about 74 1 believe. So prior to 1976 at any rate. Morrow: I guess my question is at that particular time were there parking requirements that were addressed in terms of asphalt and landscaping requirements do you recall? Ward: None that I remember, we were in the County at the time and we were, I don't even remember if we had an impact area that time. We did have a building permit and it was all done in, we did have a master plan for the entire ten acres at that time. We complied with everything that was required at that time. Morrow. I don't think that there were impact areas until after 1976. Corrie: If you are ready for a decision I will close the public hearing. Morrow. Shari and Gary do you have any final comments based on the testimony that has been offered? Meridian City Council June 3, 1997 Page 12 Rountree: I would make a final comment, I would just encourage the church members to continue their efforts to increase their landscaping and their energies in those directions as you have indicated you have been doing continually and I think that would be a real positive addition. Corrie: I will close the public hearing. Morrow. Mr. Mayor, I would move that we adopt the findings of fact and conclusions as prepared for us by P & Z. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the findings of fact and conclusions of law as prepared by the Planning and Zoning Commission, roll call vote. ROLL CALL VOTE: Morrow — Yea, Bentley — Yea, Rountree — Yea, Tolsma — Yea MOTION CARRIED: All Yea Morrow. Mr. Mayor, I would move that the City Council of the City of Meridian approve the conditional 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 or similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements, fire and life safety codes, uniform fire code and all of the other ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City and a final sentence stating that there will be no paving requirement for the camp ground area. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma, discussion? Rountree:. Just to clarify your motion, no additional paving? Morrow. That is correct. Corrie: Any additional discussion? All those in favor of the decision or recommendation as stated by Mr. Morrow? Opposed? MOTION CARRIED: All Yea 0 MERIDIAN CITY COUNCIL MEETING: June 3.1997 APPLICANT: CHURCH OF GOD 7TH DAY ITEM NUMBER; 9 REQUEST: CONDITIONAL USE PERMIT FOR USE OF A METAL BUILDING 84' LONG BY 60' WIDE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: COMMENTS SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW lb CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: fvv� �lf MERIDIAN SCHOOL DISTRICT: P 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: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ,( SEE ATTACHED COMMENTS U' 0,04"-, 6u,, All Materials presented at public meetings shall become property of the City of Meridian. Post -it® Fax Note 7671 Date p of 10, To From Co./15ept. v Co. Phone # Phone # Fax # Fax # Meridian Planning & Zoeg Commission April 8, 1997 Page 28 Borup: Unless there is something that we are missing I don't think there is anything that you have to worry about there. I would be in favor of eliminating the alley paving requirement and have you take a look the curb and gutter could be a safety aspect. I was going to go by and look at that but I didn't. Bever: Well the Ada County Highway said they will just do it. Oslund: Delete the parking too. Borup: (Inaudible) shall be provided in accordance (inaudible) Johnson: Anybody else? Well thank you, we appreciate the money you have expended improving the building, it looks much better. I have known that building since it was built and it is much more attractive than it was. This is a public hearing, anyone else that would like to come before the Commission on this? Seeing no one then I will close the public hearing at this time. Oslund: Mr. Chairman, I move that we have the City Attorney prepare findings of fact on this conditional use permit. MacCoy: Second Johnson: Moved and seconded that we have the City Attorney prepare findings of fact on item #13, all those in favor? Opposed? MOTION CARRIED: All Yea SEVEN MINUTE BREAK ITEM#14: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A METAL BUILDING 84' LONG BY 60' WIDE BY GENERAL COUNCIL CHURCH OF GOD 7T" DAY: Johnson: I will now open the public hearing and ask the applicant's representative to approach the podium and address the Commission. Don Palmer, 575 East Hubbard Road, Kuna, was sworn by the City Attorney. Johnson: Do you want to elaborate a .little bit more on what you are going to do. We have read the application, I think all of us and understand you want to convert to a permanent structure more or less from a temporary one. So if you could tell us what you are going to do. Palmer: We have been holding church camp meetings here in Meridian in the city limits since about 54 and different places throughout the City as we had property. We have Meridian Planning & ZoIng Commission April 8, 1997 Page 29 been leasing tents for this weekly function that we do and it is getting to the point where it is costing us about $2500 a year just to lease a tent. We can purchase a building that is this size here which is 84' long and 60' wide for the same price of what it would take us ten years of leasing a tent to buy a tent for the size we need will cost more than the building which seems very odd to me but to get a tent that is larger than what we had been using they are very expensive. What we would like to do is to be able to put up a permanent shelter to take the place of the tent so we don't have to have that expense of putting it up and taking it down. The only usage that it would be used for, the only things that would be in it would be electricity. Five years ago we put a multi-purpose building that takes care of the amount of people that we do have in every year as far as rest rooms and things like this here. So the main thing this building is doing is just taking the place of a tent. It will be structure that will not be completely enclosed so that it will still have an open effect that the people like as far as church camp is concerned. The parking that we have will be the same that we have had the last 18 years. We won't be making any changes there other than just (inaudible). Johnson: I am having trouble visualizing the structure, do you have anything, like a schematic or something with canvas sides. I am assuming those are removable or how does that work? Palmer: Basically I gave the schematics and all of that to, I turned all of that into them. what it is, is a long type building, more like a hay shed affect like our multi-purpose building (End of Tape) will have a permanent back and will come down to the ground and then 20 feet out from there. Then the rest of the sides will be partially down 7 feet, the rest of it will be canvas so that they can open it up and let the air and stuff in. That way when we are through the canvas sides will be taken off and put away. Johnson: Is this a building, we have a schematic here but that is not good enough for me because I can't visualize what it is going to look like. Is this a package you buy, is this specifically designed for this? Palmer: Yes Johnson: So these people have brochures or anything? Palmer: Yes, I gave those to Daunt when I (inaudible). Johnson: But it didn't come in with your application or anything and you don't have them here tonight. Palmer: No I do not, they just gave us so many for what we had. It is basically a steel building, the sides are steel, the roof is steel and the supporting arch beams they are steel. Manning: Like a Quonset hut' only with open panels in it? Meridian Planning & Zoning Commission April 8, 1997 Page 30 Palmer: Yes, instead of being a Quonset but just visualize a long building with a pitched roof on it. I gave most of my stuff to Daunt on that because he only shot us a few brochures. I didn't have any to bring. Borup: Is this an arched roof or (inaudible) with a pitched roof? Palmer: It is a roof that is just like a roof on a house. It is a straight line roof like this. Borup: How tall would the ceiling level be? Palmer: The ceiling level will be about 18 feet at the top I believe it is and the Borup: Bottom of the truss, it does have, is the truss flat along the bottom or (inaudible) Palmer: Explain that so I understand where you are going? Borup: Well you have an arched truss like that, does it have a cord along the bottom also? Palmer: No Borup: I am just trying to picture how high this is. One of the questions I had if this is al under, if this grass is all under the roof how well is the grass going to grow if it is down very low. Palmer: It is going to be 14 foot sides. Borup: Okay, that is what I was wondering. (Inaudible) Borup: Except for the one back and then about 20 feet down the sides so that it will allow the sound to come back in and not to bother anybody anywhere else. MacCoy: I was going to ask (Inaudible) structural drawings here. Nobody draws things like this unless you have a structural engineer because he has his (inaudible) somebody on your staff or somebody (inaudible). It is very much detailed. Palmer: The drawing is done by the company that and by their engineers and then they had it also looked at by engineers with the Idaho stamped to be able to do it for the wind stress and all of these things. Then for the footing we went over to the architect over at Nampa Stan Olson and he had on the footings had them engineered by a local engineer for us so that everything is structurally sound and will meet all of the codes that Idaho Meridian Planning & Zoog Commission April 8, 1997 Page 31 and the City of Meridian look at. I asked Daunt about it and he said he didn't see a problem with the structural affect of it. MacCoy: No there is not and that is the reason I was going to ask because when you are doing an open air system like this what appears to be an open air system you have other loads to take care of (inaudible) when you have people inside. Now you mentioned your roof is steel, is that painted blue? Palmer: White, off white so it won't have a high pitch glare. MacCoy: (Inaudible) You say they (inaudible) so actually they just hang off the roof. Palmer: The steel will come down seven feet on the sides and then it will be 8 feet of canvas. MacCoy: To the ground? Palmer: Yes MacCoy: (Inaudible) Palmer: As far as the engineering the company that we bought it from we made them go through and engineer it for Idaho and they could do everything, but for the concrete bumpers that go down and the pillars that go down into the ground to hold it. Because they don't know our soil and whatever we had that done by an engineer through Stan Olson. MacCoy: (Inaudible) Palmer: I have been in building off and off for a -lot of years too and construction. We are trying to comply with all of the codes on that. MacCoy: A couple of just general questions here, what about your lighting? Palmer: Inside? MacCoy: Inside and outside both. Palmer: Okay, the inside we will take:;.and use just general fluorescent lighting because it is a soft light, it is not one that is real glaring. The only thing that will be inside the building will be lights and a sound system. MacCoy: The sound system since you are only going to use it once a year (inaudible) take that away. 0 0 Meridian Planning 9 & zoning Commission April 8, 1997 Page 32 Palmer: Yes, just like we do in the tents. MacCoy: Of course that brings up a couple of items. You plan to take your lights out at the end of the year around the time period. Palmer: No they are up inside so that there won't be any weather that can get to them. MacCoy: Are you going to have an emergency circuit set up inside there. (Inaudible) lights go out you don't want panic out there. Palmer: Usually services are done about nine in the evening so we have got an hour or more of light as far as that goes. MacCoy: You say your (inaudible) in your existing building (Inaudible). Palmer: No, what we have set up there is for a crowd of up to about 1000 and the most we usually have is 400 at a time. We have a lot of facilities that we have never been able to fulfill. MacCoy: Alright, coming up from your parking lot to your tent (inaudible) what kind of path are you going to have for that. What we are actually looking for is how are you going to take care of people with canes and wheelchairs and that type of thing? Palmer: They drive right up to the tent. We have several that are in wheelchairs and where it is going to be we have a drive and they drive right up per near to it and then there is a lawn and then they drive right up to us so they can get out right there. We have a number of people who are in wheelchairs and these are things we have worked with for a long time. MacCoy: Good, you have that taken care of. Anything you have to add to that? Johnson: Any other questions? Thank you very much, this is a public hearing, is anyone else here to address the Commission on this application? If not then I will close the public hearing at this time, it is a conditional use it will require findings of fact. Manning: I move we request findings of fact on this matter. Oslund: Second Johnson: We have a motion by Commissioner Manning, a second by departing Commissioner Oslund to have findings of fact and conclusions of law prepared on the application for General Council Church of God 7th Day, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian Planning & Ag Commission is April 8, 1997 Page 33 Johnson: Are you familiar with what we did? Well earlier in the evening when I am sure you were here we were going through findings of fact, they are these legal documents that really addresses the application in accordance with our zoning and ordinances and comments and testimony received. There is not much in your specific case. The City Attorney will prepare those at our next scheduled meeting which is May 13th we will review those and as soon as those are prepared you are welcome to get a copy of those and review them. From that stage on they go to the city Council as soon as they can be put on their agenda the City Council will review those as well and that would be the near final step in getting your approval. ITEM #15: PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR A BAKERY BY BRIGITTE STONE: Johnson: We are in receipt, I will open the public hearing first and make a comment that we are in receipt of some recent letters to the Commission including a petition that was submitted this evening. I don't have the lady's name that submitted the petition, we have given the applicant a copy but I would like someone to talk to us before we are through with the public hearing on the petition since there aren't any addresses given of the people who signed it. So I want to make sure that these people live in the adjacent area, close and not in Lewiston. At this time I will ask the applicant to come forward and address the Commission, Brigitte Stone or a representative. Brigitte Stone, 626 McGlinchey Avenue, Meridian, was sworn by the :City Attorney. Derrick Bell, 1445 West Carlton, Meridian, was sworn by the City Attorney. Johnson: Well we have your application Brigitte if you would just elaborate somewhat on that and then we will ask you questions. Stone: Basically what I really want to elaborate is what I am proposing is a commissary bakery not a full fledge shop where people come to and buy from me. I have contracts with, throughout the different coffee shops here in Meridian and also in Nampa. Basically what we propose is a commissary bakery where I am the only individual basically baking. I have contract individuals, two at the most that make the deliveries to the certain points. That is basically, you cannot tell from the outside it is a bakery unless you walk in the inside. Because the structure that we proposed was basically so if I ever decided to resale my home somebody can make it into supposedly a Jacuzzi or a third bonus room at that time. We have been approved by the Central District Health Department with the proposal that we .gave them. Right now we have been working out of Parrots and Dippin Dots for a temporary home until we could come to some resolve because when we applied for this the permits in the beginning there was some misunderstanding and the building permits were basically revoked and then it became a real big issue. We have letters from customers that we conduct very professional business. There is basically, it is just a commissary, I am the only one that works there at night. We have had a lot of traffic coming and going because I have been moving my 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: • COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA C GLENN R. BENTLEY 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 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor April 3, 1997 To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer Re; Request for Conditional Use Permit for metal building by the General Council Church of God 7`" Day I have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council.: 1. Sanitary Sewer and Water to this facility would be via. existing service lines. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. Please provide any information that you may have with regards to your anticipated water demand. Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 7th Day.CUP.doc BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY CONDITIONAL USE PERMIT FOR USE OF METAL BUILDING 84 FEET LONG AND 60 FEET WIDE 1827 West 3rd Street MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on April 8, 1997, at the hour of 7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant appearing through its representative, Don Palmer, hereinafter referred to as the "Representative," 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 application for the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 8, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY 2. The property included in the application for a conditional use permit is described in the application, and by this reference is incorporated herein as if set forth in full. This property is located within the City of Meridian, Ada County, state of Idaho at 1827 West 3rd Street. 3. Pursuant to the application, the Applicant, GENERAL COUNCIL of the CHURCHES of GOD, 7TH DAY, is the owner of record of the property. 4. Pursuant to the application and the accompanying letter from the Representative, General Council President, the Applicant seeks a conditional use permit to use a metal building 84 feet in length and 60 feet in width for church camp meetings rather than a tent. The cost of renting the tent for such use is cost prohibitive. The cost of purchasing a tent is greater than the cost of the proposed metal building. Additionally, the useable life of the proposed metal building is greater that the useable life of a tent. The proposed metal building would be an open permanent structure with canvass sides similar to a tent. The openness and canvass sides will provide the "revival feeling" which the congregation desires. The existing grass would be used for the floor of the proposed metal building. The camp meetings would be held within the facility once a year, so the lawn will be used for parking as it has been used in the past for camp meetings. The amenities of the proposed metal building would consist of lights and a sound system; restrooms and a kitchen are otherwise provided in the existing multi-purpose building. The Applicant agrees to pay FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY 0 • additional sewer, water or trash fees or charges associated with the use. 5. The Representative testified substantially as follows. They have held church camp meetings in City of Meridian since 1954. They have leased tents for the annual camp meetings, which last one week. The cost of renting the tent(s) is becoming cost prohibitive. It costs approximately $2,500.00 to rent a tent for the camp meeting. They can purchase the proposed building at a cost of renting the tents for ten years. The cost of purchasing a tent with sufficient room would cost more than the cost of the proposed building. They would like to put up a permanent shelter to take the place of the tent to eliminate the expense of putting up and taking down the tent. The proposed building would only have electricity in it. The existing multi-purpose building would provide the necessary restroom facilities and similar necessary facilities. The proposed building is eliminating the necessity of the tent used each year for the. camp meeting. The proposed building will not be entirely enclosed to provide the ambience desired by those attending the camp meetings. The parking will remain the same. There will be no changes other than the erection of the proposed building. 6. In response to questions from Chairman Johnson, the Represenative testified substantially as follows. The proposed building is a long type of building. The proposed building is a steel framed building with a pitched roof and canvass walls on the sides, which can be raised and lowered. The proposed building is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY a pre-packaged type of building specifically designed for the proposed type of use. 7. In response to questions from Commissioner Borup, the Represenative testified that the roof is similar to a roof on a house. The ceiling height will be approximately 18 feet high. 8. In response to questions from Commissioner MacCoy, the Represenative testified substantially as follows. The drawings of the building are prepared by the engineers of the manufacturer, and the manufacturer also had the drawings reviewed by a licensed Idaho engineer. The plans for the footings were engineered by a local engineer so that the proposed building would be structurally sound and meet all the requirements of the state of Idaho and City of Meridian. The roof will be an off white. The sides (walls) of the proposed building will be metal and extend down from the top seven feet. The remaining wall will be canvass measuring eight feet to the ground. The inside lighting of the building will consist of general fluorescent lighting, which is not glaring. The only amenities inside the proposed building will be the lights and a sound system. The lights will be permanent, but the sound system will be removable. Because the church services or activities are completed by 9:00 p.m., there is approximately one hour before it becomes dark. The facilities that they have are set up for about 1,000 participants, but they usually have only 400 participants at one time. With regard to accommodations for disabled people, they can drive up to the proposed building. They have several members FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY or participants who are in wheelchairs, and they have made accommodations for them in the past. 9. Bruce Freckleton, Assistant to the City Engineer, submitted comments, which comments are incorporated herein as if set forth in full. His comments included the following. Sanitary sewer and water to this facility would be via existing service lines. Assessments for sewer and water service will be reviewed to determine whether additional load would justify an adjustment. The Applicant is requested to provide any information it may have with regard to anticipated water demand. The Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 10. Shari Stiles, Planning and Zoning Administrator, 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. 11. The Meridian City Police Department submitted comments, which comments are incorporated herein as if set forth in full. 12. The Meridian Fire Department submitted comments, which comments are incorporated herein as if set forth in full. Its comments included that the Applicant needs to meet the Article 32 of the 1994 Uniform Fire Code for tents and canopies. 13. The Ada County Highway District and the Central District Health Department submitted comments, which respective comments are incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY 14. Nampa & Meridian Irrigation District submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting; b. All laterals and waste ways must be protected; C. 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; d. The developer must comply with Idaho Code Section 31-3805; and e. It is recommended that irrigation water be made available to all developments with the Nampa & Meridian Irrigation District. 15. There was no further testimony given at the hearing. 16. The property is currently zoned (R-8) Medium Density Residential District; that in the ZONING SCHEDULE OF USE CONTROL, Sections 11-2-409 B. Commercial, Churches are listed as a conditional use in the (R-8) Medium Density Residential District. 17. The (R-8) Medium Density Residential District is described in the Zoning and Development Ordinance, 11-2-408 B 4. as follows: (R-81 Medium Density Residential District: The purpose of the (R-8) District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion ''of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY 9 • 18. Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 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 of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. 3. The City of Meridian 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. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY 0 In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the. Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The Planning and Zoning Commission judges this application for a conditional use upon the basis of guidelines contained in Section 11-2-418 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, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page B. GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY C. If there is compliance with the conditions set forth herein, the use should be operated and maintained to be harmonious and appropriate in appearance with the intended character of the general vicinity and should not change the essential character of the area; d. The use would .not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; e. The Applicant shall be able to provide adequately for the essential public facilities and services such as fire protection, drainage structures, refuse disposal, water and sewer, but the Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 11. Since conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning and Development Ordinance, shall not be transferable to another owner or lessor of the property or to another property; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY b. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; C. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Fire Department and other governmental agencies submitting comments; d. The conditional use shall be for the construction or erection of one (1) metal building 84 feet in length and 60 feet in width at the property in accordance with the plans submitted by Applicant and in accordance with all engineering, structural and other requirements of the state of Idaho, Ada County and the City of Meridian pertaining to the construction of buildings; e. All ordinances of the City of Meridian must be met, including but not limited.to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements. 12. The above -conditions are concluded to be reasonable and the Applicant shall meet these conditions. 13. It is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY 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. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER SMITH VOTED COMMISSIONER MACCOY VOTED COMMISSIONER MANNING VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional 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 or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code,. and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the CZrld/�7�at°� Applicant by the City. %r% `l &1,12( Abe IWAIVd,k'IJ cD�tr%Z��C dei- r MOTION: ma ✓ APPROVED: DISAPPROVED: FINDINGS OF FACT AN CONCLUSIONS OF LAW - Page 11. GENERAL COUNCIL OF THE CHURCHES'OF GOD, 7TH DAY WILLIAM G. BERG, JR., City Clerk JAN;CE 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 . HUB OF TREASURE VALLEY it 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 TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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: April 1, 1997 TRANSMITTAL DATE: 3/18/97 HEARING DATE: 4/8/97 REQUEST: Conditional Use for a metal building 84'. lona by 60' wide BY: General Council Church of God 7th Day LOCATION OF PROPERTY OR PROJECT: 1827 W. 3rd. W. of Albertson Store JIM JOHNSON, P2 MALCOLM MACCOY, P2 RON MANNING, P/Z GREG OSLUND, P2 KEITH BORUP, P2 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 RECLAMA RELIM. &FINAL PLAT) CITY FILES OTHER: -- 2— /) —_ 9�) YOUR CONCISE REMARK W#,!Isar 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 0 HUB OF TREASURE VALLEY 4& A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 • FAX (208) 887-4813 Public Works/Budding Deparn=t (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. OORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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: Wilt Berg, City Clerk by: April 1. 1997 TRANSMITTAL DATE: 3/18/97 HEARING DATE: 4/8/97 REQUEST: Conditional Use for a metal building 84'. long by 60' wide BY: Goneral Council Church of God 7th Dalt LOCATION OF PROPERTY OR PROJECT: 1827 W. 3rd, W. of Albertson Store JIM JOHNSON, P2 MALCOLM MACCOY, P2 RON MANNING, P2 GREG OSLUND, P2 KEITH BORUP, P2 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 MERMAN 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: 3" Q / YOUR CONCISE REMARKS: CITY ATTORNEY rrtr (y i L.L AJ It,2 fio �'►�.¢� f ,2 CITY ENGINEER CITY PLANNER 144 U'r-C.. A0-1-ic-14 31VT zor 71,0 4 s p w a CA i1lnTE= 5-. �ECEI MAK 7 5 19 7 2 SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary PEGE"ED P r n .3 11047 CITY 00 MERIDIAN City of Meridian 33 East Idaho Meridian, ID 83642 Re: MCU -09-97 1827 West 3rd Street • March 26, 1997 The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above. This item will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to require Commission review. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. If you have any questions please feel free to call me at 345-7662. Sincerely, Steve Arnold Senior Development Analyst cc: Project file Chron file ada county highway district 318 East 37th 9 Boise, Idaho 83714-6499 • Phone (208) 345-7680 CENTRAL CENTRAL DISTRICT HEALTH DEPARMENT •• DISTRICT Environmental Health Division HEALTH F?FC&tW'F Cl—WDEPARTMENT MANk 2 IS - �gle Rezone # CITY OF ME p*n city Conditional Use # IgZ77311, 90il-bl, ✓1 - SY i�N� X % f kl'lk ericlian ❑ Kuna Preliminary / Final / Short Plat , ❑ ACZ l�ENr�2tcC. Cor/iyu�.. CHv'ec// coF 60d `77A bow I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ 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 El beverage establishment El grocery store F-1 15. Date: a /'2 /5� Reviewed By: CDHD 10/91 rcb, rev. WS Revie Sheet a 0 • . RE0E1VjEr) 4 PY 0 1 lot,.-- • 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 RE: Conditional Use Permit - General Council Church of God 7th Day Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and waste ways must be protected. 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. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. Superintendent Bill Henson, As NA MPA & MERIDIAN IRRIGATION DISTRICT BH: d/n PC: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Phones: Area Code 208 26 March 1997 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 City of Meridian Boise 345-2431 33 East Idaho Meridian, ID 83642 RE: Conditional Use Permit - General Council Church of God 7th Day Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and waste ways must be protected. 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. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. Superintendent Bill Henson, As NA MPA & MERIDIAN IRRIGATION DISTRICT BH: d/n PC: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1 April 1997 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Don Palmer General Council Church of God 7th Day 1827 West Third Meridian, ID 83642 rr RE: Land Use Change Application for Metal Building Dear Mr. Palmer: Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 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 City of Meridian enc. (C(ilpl APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on thisday of 1996. COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) A �� DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - r<A VOTED VOTED,Jp� VOTED VOTED VOTED 6( t Meridian Planning & Z009 Commission • May 13, 1997 Page 5 ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE/SERVICE BUSINESS/BARBER SHOP BY BIG BEAVER PROPERTIES LLC: Johnson: Are there any items for discussion on the findings of fact as prepared by our City Attorney? Borup: Has the applicant received a copy yet? Johnson: Is the applicant represented? Apparently not. Borup: I had some other comments for the applicant but I don't believe I will do that. 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, I would like it to also be shown that we have Commissioner Smith involved here and the name should be changed on our roll call. Johnson: We have a motion and a second to approve the findings of fact and conclusions of law as prepared, roll call vote. ROLL CALL VOTE: Borup — Yea, Smith — Yea, MacCoy — Yea, Manning — Yea MOTION CARRIED: All Yea MacCoy: Mr. Chairman, the Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the applicant with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking, paving and landscape requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Smith: Second Johnson: A motion and a second on the Commissioner MacCoy's recommendation to City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR USE OF A METAL BUILDING 84' LONG AND 60' WIDE BY GENERAL COUNCIL OF THE CHURCHES OF GOD 7T" DAY: f Meridian Planning & Z009 Commission • May 13, 1997 Page 6 Johnson: You have read these findings of fact and conclusions of law, are there any comments, additions, deletions or corrections? Entertain a motion for approval please. Manning: Mr. Chairman, I make a motion the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. MacCoy: Second Johnson: Motion by Commissioner Manning, second by Commissioner MacCoy to approve the findings of fact as prepared, roll call vote. ROLL CALL VOTE: Borup — Yea, Smith — Yea, MacCoy — Yea, Manning — Yea MOTION CARRIED: All Yea Johnson: Recommendation to the City Council? Manning: Mr. Chairman, the Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional 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 or similar conditions as found justified and appropriate by the City Council. And that the property be required to meet the water and sewer requirements, fire and life safety code, uniform fire codes, parking, paving and landscape requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Borup: Second Johnson: All those in favor of the recommendation as stated by Commissioner Manning? Opposed? MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ACCESSORY USE PERMIT FOR A BAKERY BY BRIGETTE STONE: Johnson: Any comments regarding these findings of fact and conclusions of law as prepared by the City Attorney? Borup: Mr. Chairman, I move the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. MERIDIAN PLANNING & ZONING COMMISSION MEETING: May 13.1997 APPLICANT: GENERAL COUNCIL OF THE CHURCHES OF GOD 7TH DAY AGENDA ITEM NUMBER/!5— REQUEST: UMBERREQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR USE OF A METAL BUILDING 84' LONG AND 60' WIDE 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 it, JP � Ix CFP`' All Materials presented at public meetings shall become property of the City of Meridian. 6 MERIDIAN PLANNING & ZONING COMMISSION MEETING: April 8. 1997 APPLICANT: GENERAL COUNCIL CHURCH OF GOD 7TH DAY AGENDA ITEM NUMBER: 14 REQUEST: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A METAL BUILDING 84' LONG BY 60' WIDE 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 f� "REVIEWED" SEE ATTACHED COMMENTS �!"i� " SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS J C/ 1 All Materials presented at public meetings shall become property of the City of Meridian.