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HomeMy WebLinkAboutSeventh Day Adventist Church CUPWILLIAM G. BERG, JR., City Clerk .JANICEwL. SMITH, Clty 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 Chlef W.L. "BILL" GORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE Mayor GOUN 1 M MBER 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 recommenda~rons will be considered by the Meridian Planning Sl Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Aaril 1, 1997 TRANSMITTAL DATE: 3/18/97 HEARIII+~ DATE: 4/8/97 REQUEST: Conditional Use for a metal building 84' long by 60' wide BY: General Council Church of God 7th Dav LOCATION OF PROPERTY OR PROJECT:1827 V11`. 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 CITY ATTORNEY CITY ENGINEER CITY PLANNER HUB OF TREASURE YgL~Y A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 836df~ Phone (208) 888-4433 • FAX (208) $B'6-4813 Public WorksBuilding Depaztrnent (201))&87-2211 Motor Vehicle/Drivers License (208) b78-4443 MERIDIAN SCHOOL DISTRICT MERIDIAN POSL OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY !~lGHWAY DISTRICT ADA PLANNINGASSOCIATION CENTRAL DIS'BRICT HEALTH NAMPA MERID(i>kAt IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWEttCO. {PRELIM. 8~ FINAL PLAT) U.S. WEST (PLUM. ~ FINAL PLAT) INTFRMOUNT/R~I GAS (PRELIM. & FINAL PLAT] BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMA6tKS: ITY OF h~LERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: ~~~ ADDRESS: /~'~7 G~~ .~I- --r1CC~~,/~~1~J ~'~%~/~ GENERAL LOCATION: (/ _~1~ ~/,/k ~. / r - ,) ~~~~- DESCRIPTION OF PROPOSED CONDITIONAi. USE: - - ~~ - ,~~--,_. ._ ~ - ZONING CLASSIFICATION: ~ ~~h ~~ a/`/J",~~f "?~~~yl ~''`~S ~ur /3~~' dt S,~ 5~,s'~ y s~~ / ;~~~ i~>s PLAN: A plan of the proposed site for ~e 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 contaffied herein is true and correct. t~,y / t.~//~»l~ 1" Signature of Applicant Soaal Security Number~L~-zTd d~6 LEGAL NOTICE OF PUBT.IC HEARING Pursuant to established procedure, NOTICE IS I~ItEBY GIVEN that the Meridian FIanning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.s. The purpose of the Hearing is m consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION, BLOCK ,LOT TO GENERAL COUNCIL of the CHURCHES of GOD, 1827 West Third Street • Meridian, Idaho •83642 • (208) 888-3380 March 6, 1997 To whom it may concern: 7TH DAY a% 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 CONTENTS OF CONDITIOIrIAL USE APPLICATION An application for a conditional use permit shall be filed with the Administrator by the owner of the property for which sud-conditional use is proposed.. At a minimum, the application shall contain the following information: (~ Name, address and phone rmmber of appli ant; G~,v-i-~~Cd~/~~U~.~ Name, address and phone rnunber of owner of subject property; ~c/~/ ~ Legal description of property; Proof of ownership of subject property (warranty deed) and notarized consent ~~ of property owner; Description of existing use; c~L~r- ~ c~~tJ Ca.~,O~~~T~ ~~~y%i G. tiN~ /~q~~ r/ Present use of subject property; Proposed use of the subject property; ,~~ ~~~ ~ The District (present zonit~ t(h t pertains to the subject property; /~~ -~ Thirty (30) copies of a vicinity map of a scale of one inch equals three hundred feet (1"=300'); Ch~acteristics of subject prc~ rty w 'ch make a conditional use desirable; ~ / lL~~ ~~ ~ U .,~.~~~-Ght~Kh G~~~ C~'~.~~cc:Jj~---u~'r1 }1i~t~7%~~:. A hstrng oe mar rri~ai~sses of all property owners from authentic f r ( tax ecords of Ada County) wbo are within three hundred feet (300') of the external boundaries of the Band being considered, and a list of all owners within the area being coa~deFed for a conditional use; -~?~ A fee established by the Cou~T; $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 ro P PAY agrees to pay any additional sewer, water or toslt 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 corrtained therein is true and correct. The property will be posted 1 week before the hearing stating they have ,~~~~~~ applied for a Conditional Use Permit or Zoning. There must be a signed afI•idavit that Phis will be doneas part of the application. /~j~F - u~~ ~~~ilroyd/ ~~~~r Gaul f- ~'i~~~/ ee~ ~~rC~~~- ~r ~/ 7 / / / - / //~ ~c~9et'~1 Cj ~u~r/C~urc~~id~~~G~,f ,y ~ ~- _ - Tic ~~-~~1~/ ~~, ,~;~ c~u,~ ~ fi~ ~~ d ~ ~~ ~~ ~'~~ ~,~,~, ~7~ C~-e.vc ro~Cv~~lGi~~ ui1~~ ~~l'/ l~vc~~ ~~~ur /f~ri~ ~ ~ ~ ~ a ~-- ~ ~ ~ ti 1 ~o ~ ~ ~ ., J e ~' ~ ~ . . ~_ A ~ _ _~ ~ ~ y ~ _r~ Ati ~ O;`. `~J ,~~ ~ r ~ ,,~ M leM- C i `N r V 1 ''. ~ YYYp _ 1~y ~ 1 . o- 1 ~ ~ ~ ~ a cc k ~ : - ~ ~ g '~ ~ ~ ~ ~ r /~/ . ~ r` p` tl Ort 1 t °~ r A `~ yam, F- 1V11 ' G _ VI ~t;' ~, ~ ~ ~ ~ C~ - - •1 ~ ~ x ~ ~ ~. Y Y ,'' ,,~. ~ ~ ' ~ ~ s(. 1 ao ° ~`~-. ~ tiN~f ~ ~J ~ ~ ~^I j i ~ } - _~_ --~- C s ~, : ,~ ~ ~ ( K N M _ Y'1 iJ Z ~r ' _ , ~. ~ _ ~ a '(~ ,M - n _~ ,I. i ~/ • M r ' _.I ~ _' T ~ ~ . ~ I _'~ ~, i F r ~j l t 1 WARRANTY .DEED 1~ y,, 7~ h ~u~,i For value received, Clarence LeRoy. Carpenter: and :., .. , ''_'}~ •;~. 3 ~ ~" ~ ~.i Ethel Carpenter, husband and wife,,.the grantors, do beseby, ~ '.~.., ; rant bar ain sell and convey unto General CouncilE;hurches ~, ~'" g ~ g y ' ~•~ =. 8 Headquarters:I~eridian,.-~Idatio''~ ~;4: ~"`- of God, (seventh day) , Inc. , /a corporation, the granter;; ;the ,, ~zT ! '"7` 6 •.: • . ~ ro .., p.. . following described premises in Ada County,. Idaho, to-vit: .. ,~?i~= . dt '':.,.. 3 A tract of land situate ~in a portion of. the 5outbeasta'~~':~~:,~~?s~ ,.-.~s~. ;;1, 4 8 quarter of the Southeast Quarter•~'of Section 1,1 ~ ~ `~`~~y,• ~' `a~, r ,»,,~ ++~oohiehip. 3 North;.~Range :;W®st'Boi~ie l~eridian,,`Ads~A,;~ .~, ,{, f# ,, ' '~~?~''~`,#+tC'b~i~i~y, Idaho, described`, as '€bl~lows":" : " ~" `~-~'~ '-+~i~~+ ro '~ y ~~ ~r10 r.,. .. .: .Beginning at a one-half "inch ~ diameter .z 24 ~cti~ ~a .~ _ ' long iron bar, from which the Northwest.eor~nkr -Qf ~ `;: r !~ ~ '" ••j . 11 the Southeast Quarter of 'the Southeast .Quarffier: 'of -:..' ~•-•.`• '.:•. ~~_~ ~:; =-. Section 1, a one-half inch di2~eter •irem•:+ba:r, : ,' ~'~ ~ ~ 12 ,bears North 89° 52' West 328.84 -feet dist~tt; tfi~Cer' . '.: 3 ~ South 0°34' East 1074:55 feet' to axone-half inch ~ ~. ~' ~°,; . 7 N,;. "' ~13 ;. ",diameter x 24 inches long _iron bar; • thence :SouttE ; ;;r ~ ; g , , ~.` '~89 58 East 163.32 feet ao a one-half inch disme~ter :~ ~o • .14 x 24 inches long iron bar; thence North 0° 27 ~ ._ We~at ~ •, a ~ ~' ~ `` •. •266.72 feet to a one-half inch' diameter x 24'.'ind3es,~'': ;:~ s ~`~..~';15. '; ~ •: long iron bar; thence South 89°58' East 163:32'` 'v° ' a ~~' " ~ feet to a one-half inch diameter x 24 inches -long ': ~`= S`_ X16 iron bar; thence North 0° 27' West 807.23 feet to a ,` o ~ .y r _ ~•- ~ one-half inch diameter x 24 inches .long -iron bat, ~ ~~;' - ` ~~ r" ? 17 .n '::thence North 89°52' West 328.84 feet,:'more or'less~, F° ~ .,~ ~;~; . t ~~*~ ar to the"'point.^of beginning. r•-•Containi,ng 7.082 ~acaea, 'r roF... ~~~;*18 ~:t r ;more or less. .. , r t ~ 4 t ~.,, ~,•.i...~ ~ ~ ,. ~ ~~} 19 Together with all and singular the tenements;. ~ : ' ' ' '! ' '~ti~-iS " hereditaments and a urtenances•~thereunto belo ,`~t'.,;;,',,,~ '; or in anywise appertaining;' .and;. '~ ~- ~'~ 21 `.ti ' .• .Together with anon-excyusive~ easement for ingress ~' ~ '~ r'; ' ~~ ~ a ~,w .~ :. ~ ~ r t ~ ~'~r :`-and' egress to and from said parcel of land betw~ ; . : •., •- ~~ ~'~~ ' •. that certain public road .known as Cherry `Lane ana x,. ~. K~:` .,, `, 1':~aaid parcel of land, the;.re~l property covered ~7 - :. + ~r • ''-': - . ,23 °' '_ - said easement being more particularly described as ~ ~ - .; ~~e.• follows: ~ ';~.' {,,t,` '' s '~: ;,•~r•~ra. -.,•,:..;.• .. Commencing at a point which is situate South 89°58' ' ~'~5 :. . - East a distance of 76.90 feet from the.Southwest "" ~'_ ~.,~^ 6 .- t •'corner of the parcel hereinabove described; thence .~ ..;; f `,, ~ r South 0°33' West a distance of 225.00 feet to -- ~+: '~ ', a point; thence South 89°58'East a distance of SO.OCf `~' ~2"1., ~~_'.;-' ~~ feet to a point; thence -North 0°33' East a distance '~.. ;.. '~'y'' ~~ ~ of 225.00 feet to a oint• thence North 89°58' Nett • .~ 28• a distance of 50 feet, more or less, to the point .of ~ri~t ,. ~ . ,.., ti `~f~tARRANTY. DEED, P. 1 ~ +`~•~` ~ ' ham.. ~< ~:t , 1 beginning. - ~• '~. . ' v • 2 PROVIDED, HOWEVER, that the use of the.Soutli 100 _ 4°~~f..'.• feet of said parcel of land shall be restricted,..:.~.µ?:~;`'-;.::~'' ,,~,: 3 and by acceptance hereof the grantee .agrees ~to:' ::F'`H "'~'- x~:} ~;~ 4 such restriction, to the extent' that no buildings; ~;~ .. ;,;~r either temporary or permanent, or any'structures ~,#t~''' to be used for the occupancy of people or animais;'~.- ,;..,~'._ .' • ~.~',~:•~'~• 5 either to orar or ~ •~~~~_•~_;' mP y permanent, shall be cons tructed~';.;}_;:,,_.. ;,~+',; • installed, erected or placed thereon, ands this'- ~-= 6 >a ~, •. restriction to constitute a covenant nuiaingiwith ;;t ,~ . ,;} ~ ` the land . ,~y ~: t~~~ , ~t `,•~' Subject to all easements.~and" r'ights~ of~wa)r of 8 record or appearing on the land ; ~ ~ st`.}:" ' qA y ' r ~~ .+ w: .x'~~. ''yy 9 TO HAVE AND TO HOLD the ~ said ,premises,~.~wfth their ~; ":~'"F:` ' ~`~\. . 10 appurtenances unto the said grantee, its succesaorsand,"<~ ~` ~ .. :', ' . - }; -t a ~~ ~ r• ,r 11 assigns forever. And the said grantors ;do hereby ~ovenant3,tii ~`~~~', o ~ ~'' 12 and with the 'said rantee that the area. the avciers 'in tee ~~ l• ,' sZ g ~ y r..... 7 ~ _ ~ r': ~~ 13 simple of said premises; that they are free from all encumbrances z~ 14 exce t taxes and assessments for the ~ ~ ~` p year 1968 which are•.'now ._: -. ~. y.• -v... ~'' - ~.15 liens but, not ~- -. ; 1 ~. .~• f~'. ` :. ya ~ yet due nor payable,':and that: aheyP w~hl warrant.-,. Ly SW[. 16 and defend .the same from all lawful ~ claims phatsoed~er' i ~,~: -+~~it~¢ , .::, ~ ?' ; Dated this 2Zth day of June, 19,68 ~; 7. f 20 .L +' : ~ . C i. ~~ ~ Clarence Leroy CarQenter ~ ~ .~ . i ~ ~ .`} } ~!'~ YJ ~ ti ,; / ~~~ .. 22 Ethel Carpent r ~ - ~ ~ `~ _~ a.• , _~.;; -.1~. - .. `ti}~. 27 ... ,, 28 - ~ L. ~ ~` ..;y` ~.~ .2h ,~~~; :k, a~ it WARRANTY. DEED, ' P. 2 Y"- . ~ _ ~ ~~?~~f,~1 ' ~'~'~ w _ , 1 2 3 4 5 21 22 23 •' 24 25 26 27 28 _•: a: „. ~ , 4 JK{l, ~ rN.~.sa,-,..,'-...,.q..-..~..~~....,.. _..:.;~.r: .~'vx•r+t<~,~.w~srsM er.~•~,~•9,R•°ar;`~jl,,w g~-v~i~`,•, ~ 7 ' ~ . ~~ :.~ :.. STATE OF IDAHO ) ,-• ~ - _..~ County of Ada ) ~ .- a ~ ti. `.+ On this ~ day of ~t,_ L.y- , , 1968_, before me,.•~the , -T- :, undersigned, a Notary Public in and ford sa~d~ State, personallq appeared Clarence LeRoy Carpenter and Ethel Carpenter, husband_^•-'=~} and wife, known to me to be 'the persons whose names are ~ ~ ~ :: ,.. °u* subscribed to the within ins.t:rument,;~and~~cimowledged to me '~~ ~"3 ;~. ''?f .> .XP ti that they executed the same. ~~~,, ~ -~;'" ~ " ti IN WITNESS WHEREOF, I have hereunto set my .hand and ' ~ ~ ~:~ ~ affixed my official seal the day and year. in this' certificate'~='~`~.'~?-' .-~ >: • ~ < <- ~ t :, ~ ;; •'first hereinabove written a~ ~-, „~ . ;.k ~- •,.ts'S .,j;, ~) ~~ 1 _ ~ // v '~ ~U ~Q v~ L } J O ~ ~~i ,,:.. Notary Public. for Idaho. -`°~~ ~'~'+ ~, Residing at~ Boise, Idalhcs is - ° ti ~ ; ~ . !. .'1 4 NQ~ ~ '. .!' ~ - • ~ tw ~~ y ~ Y~Y . ", . ~ x .Y=. _~ " o o''1i ~TA7E OF ID4H0, COUNiY OF RDA, ss. + , 3~ PIOdEER TITLE t~•' : `, t ~ -.k. Fired for record at the request of - _ _~s ~ 4 1tin.Das flat this B,Ot ~~ lOHKBA ^DA, R rN , - v ~ :~yv "~?s • vd~~~ 6 .~:: WARRANTY DEED, P. 3 t .. _ .. •~r ~ y~w•+~~TT.,'t~R!~ s. ~+ ~ :. i.° Fk ~':4 i. ~ ~ ~~ftlM-.: ~'t,~~.:~~iS~`#~~-: i' ~ '~'"'~.45 r t ,Z ,:~, t~ E ~ a i : t J.- pp \ -t. { ~~ a t i .. ~} •y ~. J ID M r.. O M 1 a i M:. 'I „~„~ _ r. ~ .~ ~ -01 N (V - - . to `.t7'{.. .~:r M ~' ' t . ~ O/ r, t 1.~ ~~, ~. .S is • ~• ^'/ ~ ~ .:. ~' 1~.~ •' j~~{ .- . L . ~,. ~ IA ~ ;' Mri V' ; . ~ ~ ~ N ~ a ~~ a ~ V' V ~ ~ ' ,~ y ~ ~ to ~p N Z c ,~,,: 1: 4 ~,Fa,1 ~ ' ';~,. ~- ~ r ~ N .N N ~ ~ / t r ~ ! ~r N fMry !'.7) ~ ~.~ ' w' w ~ ~ N {t ~ r ..r•I~ .r 'y' ~ a~ +• N ; O~ ~ '~ Q_ 1..1.1' ,+ i ~ a ~ ~ O ~ t .- ~ ~ ~ r 1 ^t' ~f. N; s ~ a ~.N a, y . `, Y ~ d' O ~ m _ mss- ,~ 'ld J.7S1SN 't'N Kf ,^ ~ O Irj :`, +~ f:' Q ~ t ~ r 1~h N ~ , µ -~ li :CREST' (, ro : w 1n . `~ S? ;°",.pn' .~ ~ ~ ,~1a3 ~~.~' sky.. 3 ~ ~:. ` , t. ~`. (~ ~ M : !•' • ~ ,' ~ ^ S, r w• f ' • ~D ~`~~• ' `^~j .~' 'aa 3a3wrv3~ ~ ; as ~7vQ-rMtii .;+ ~ ., Vii/ ~' .; ~ t+ +r ' ~ t N. N N ' ,N N ~ Q' ' : ~ ~ . ~~ '~ ,~ "~+~ 'yi .y +- ~1'A Y :,.~. ,^ ~~ r i"~I~rs,. t~. ~ ~ ,~ !f ;tn 111 - ~ • ~ •` f~~~,~i-•. t t' rlk ~ ~ ~"-n .. s~ '. 10 ~ .' 4! , , ,~ a i..:~~ tll s~' a ,.i' aw.« 3 ~, ~ A ', ~ jN pa N N N • ~ Q '+ '~ • ...-. ~ . + ~`b . a ~ ~ lirri ~.. s~' ., az ,,. ;• , ., . ... .. ~ 01 N N O ~ •~ J O ~y^ ~ ~ ~. ~ •I ~ t ' t MERIDIAN PLANNING & ZONING COMMISSION MEETING: May 13.1997 APPLICANT: GENERAL COUNCIL OF THE CHURCHES OF GOD 7TH DAY AGENDA ITEM NUMBER: 4 REQUEST: 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: COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 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 City Hall, 33 East Idaho Street, Meridian, appearing through its representative, Don referred to as .the "Representative," the Commission of the City of Meridian having evidence and the matter makes the following Conclusions of Law. FINDINGS OF FACT p.m., at the Meridian Idaho, the Applicant Palmer, hereinafter Planning and Zoning duly considered the Findings of Fact and 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 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. b~5. 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-~31 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 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 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 8. 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 (1j 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 COMMISSIONER SMITH COMMISSIONER MACCOY COMMISSIONER MANNING CHAIRMAN JOHNSON (TIE BREAKER) VOTED e VOTED ~ VOTED VOTED VOTED ~P/ 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, 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. MOTION: APPROVED: rn/j~ DISAPPROVED: FINDINGS OF FACT AND CTONC-LUSIONS OF LAW - Page 11. GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY F r MERIDIAN PLANNING & ZONING COMMISSION MEETING: April 8.1997 APPLICANT: GENERAL COUNCIL CHURCH OF GOD 7TH DAY AGENDA ITEM NUMBER: 14 REQUEST: PUBLIC HEARING: RE(~UEST FOR A CONDITIONAL USE PERMIT FOR A METAL BUILDING 84' LONG BY 60' WIDE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 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 HUB OF TREASURE VALLEY MEMORANDUM: A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer r`OUNGIL h"Eh"B~R~ WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z OMMISSION_ JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY April 3, 1997 Re; Request for Conditional Use Permit for metal building by the General Council Church of God 7t1i Day I have reviewed this submittal and o,,~er 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 Dav.CUP.doc , BERG, JR., Clty Clerk ITH, City Treasurer H, P.E., City Engineer ~. ~TUART, Water Works Supt. ~nN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chlef W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P 8 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' long 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, 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 CITY ATTORNEY CITY ENGINEER CITY PLANNER HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 88f-4813 Public Works/Building Department (208) 887-221 I Motor Vehicle/Drivers License (208) 888-4443 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. 8~ FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. 8~ FINAL PLAT) BUREAU OF RECLAMA RELIM. ~ FINAL PLAT) CITY FILES OTHER: •- YOUR CONCISE REMARKS: IV tA.++~G. BERG, JR., Clty Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., Clty 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, Flre Chief W.L. "BILL' GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ROBERT D. (70RRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMI ION Jlh[ 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 8z Zoning Commission, please submit your comments -and recommendation to Meridian City Hall, Attn: Wrlf Berg,' City Clerk by: Aaril 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: General Council Church of God 7th Dav 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, CIC WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT MERID44N SCHOOL DISTRICT MERID6AN 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. 8r FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. 8r FINAL PLAT) OTHE~S ~- ~ ~` YOUR CONCISE REMARKS: CITY ATTORNEY _ ,~. c., ~ r VL A j ,Q ,2 t o ~ ,e ~ t ,~ CITY ENGINEER J CITY PLANNER (,L .~ l~l ; ~ / ~ LO r^ T .y-1 s p ~v ~ CA itln ai ~ S ,~ ~,~~e I~Aht ' ~ tq 7 ~1ft'rw ftr. urCal?It~IB NUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FA,X (208) 887-4813 Public WorksBuilding Department (208) 887-221 I Motor Vehicle/Drivets License (208) 888-4443 c~nc SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUGER, Secretary QECELV~~ ~~ ~- . q ~ iAQ7 CITI~ o~ ~IERIOIpIv 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 ACRD 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 • Boise, Idaho 83714-6499 • Phone (208) 345-7680 CENTRAL CEIV ~ RAL DISTRICT HEALTH DEPART MENT •• DISTRICT Environmental Health Division ~1'HEALTH ~E~~ DEPARTMENT ~AK ~ s ~faglle Rezone ## _ rill ~F ,~E~en city Conditional Use # /yETOG T3lJ%Gi~ii/(r- ~-~' ~~,,,,,~ X 6Q ~~,~',~p eridian ~' ^ Kuna Preliminary /Final /Short Plat ~L ~~i~uc.. ~ or 6a ^ Acz ~. 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. ^ II ^ 12. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 15. Date: ~ I '~ I Reviewed By: CDHO 10/91 ~~. ~,...vs Revie Sheet !~?Ec'E~vE~ ~~°~i tt ~ ~~~,.~ ~, ,• ~:~~ ~1~l~~Inr~,,• 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 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 /daho Meridian, /D 83642 RE.• Conditional Use Permit -Genera/ Council Church of God 7th Day Dear Commissioners: The Nampa & Meridian /rrigation 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 /atera/s and waste ways must be protected. All municipal surface drainage must be retained on site. /f any surface drainage /eaves the site, the Nampa & Meridian /rrigation District must review drainage p/ans. The developer must comply with /daho Code 31-3805. /t is recommended that irrigation water be made availab/e to a// deve/opments within the Nampa & Meridian /rrigation District. Sincerely, ~,~~ ,~ Bill Henson, Asst. ater Superintendent NAMPA & MER/D/AN /RRIGATION D/STRICT BH.•d/n pc: File =Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 'j~ir~ia & ~icidia~ ~vugatioc~ D~zict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208-888-6201 Phones: Area Code 208 Don Palmer. General Council Church of God 7th Day 1827 West Third Meridian, ID 83642 ~, RE: Land Use Change Application for Metal Building Dear Mr. Palmer: OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampo 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. ~~~~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1 April-1997 MERIDIAN CITY COUNCIL MEETING: June 3.1997 APPLICANT: ~„,~~~ CH 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: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" 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: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning 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 wont' 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 Attomey 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 & Zoning 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 teasing 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 amulti-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 but 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 tha# everything is structurally sound and will meet all of the codes that Idaho Meridian Planning & Zoning 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. Meridian Planning & 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 & Zoning Commission April S, 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 Attomey 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 1 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 HUB OF TREASURE VALLEY 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" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: 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`h Day COUNCIL MEh~B RS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMIS&ION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY April 3, 1997 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 Dav.CL,T.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 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. i,5. 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-8 Medium Densit 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 (8j 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 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 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 8. 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 TAE 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 5~~~ 3 `~' 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, parking, paving and landscape requirements, and all ordinances ~f_the City of Meridian. The conditional use should bye sub'ect to review upon notice to the ,t ~dd~~;oro-~ Applicant by the City. No ~~~~ ~~u'n°-^"~"~ ~~ ~"'~P5%''`d a~a• MOTION: S~l3~Q' 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 'JAS!:CE L. SMITH, City Treasurer GARY D. SMITH, P.E., Clty 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 Chlef W.L. "BILL" CORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicie/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor r0 N I titer AB Rc WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMI ION 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: Aaril 1. 1997 TRANSMITTAL DATE: 3/18/97 HEARING DATE: 4/8/97 REQUEST: Conditional Use for a metal buildin 84'. Ion b 60' wide BY: General Council Church of God 7th Da 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 CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. ~ FINAL PLAT) ADA COUNTY kIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. 8r FINAL PLAT) U.S. WEST (PRELIM. ~ FINAL PLAT) INTERMOUNTAQV GAS (PRELIM. ~ FINAL PLAT) BUREAU OF RECLAMA RELIM. & FINAL PLAT) CITY FILES OTHER: r. .~ YOUR CONCISE REMARK !V K'''1CIa.,ai G. BERG, JR., Clry Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., Clry Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFf', Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL' CORDON, Pollee Chief WAYNE G. CROOKSTON, JR., Attorney ROBERT D. (70RRIE Mayor COUNCIL h"EMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P 8 Z COMMI ION Jllwt JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND AIALCOLM 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: Wtll Berg, City Clerk by: Aaril 1. 1997 TRANSMITTAL DATE: 3/18/97 HEARING DATE: 4/8/97 REQUEST: Conditional Use for a metal buiiding 84' long 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, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, CIC WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT 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. 8~ 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 ATTORNEY ~ t,., ~~ i LL AJ .!~ ~ t n /'h .e ~ t .,2 CITY ENGINEER J CITY PLANNER (.t..~ ~. ~ Lo r^ Te~fs wN~ C,gn/ne~i~= s, ~~~~~ !SAM ~ 1q_ 7 HUB OF TREASURE VALLEY A Good Place to Live CITY OF N1~RIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887.4813 Public WorksBuilding Depar~ent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 C' SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary ~: ; ... ,~j ~ tog? u!~ ii- ~1ER101~4~t 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 ACRD 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 37fih • Boise, Idaho 83714-6499 • Phone (208) 345-7680 REcl~t n MAK 2 ~ ~QppBSise Eagle Rezone # SIN ~9F ,~E~j~en city Conditional Use # .~'lETC/L ,~(~/!~/~/G- ~S'S~' ~l.~,N~i j~ ~ ~~,/1~~ri ~~'u'eridian ^ Kuna Preliminary /Final /Short Plat , ^ ACZ (~~N~=r2r~: Co~,~u~. CHv~c/~ o.= 6ac:Q `frL, b,4.v ~. 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. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 15. Date: ~ / ~ /~ ' Reviewed By: Revie Sheet CDHD 10/91 rcb, rer. I/9S CENTRAL CEIV I r~AL DISTRICT HEALTH DEPART ~~IENT •• DISTRICT Environmental Health Division 'HEALTH DEPARTMENT ~?E~~~v~ 'ha~r~ia & 11~~crdta~ ~I~vcigatta~ Dca~riet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 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 /daho Meridian, lD 83642 RE.• Conditional Use Permit -Genera/ Council Church of God 7th Day Dear Commissioners: The Nampa & Meridian lrrigation 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 latera/s and waste ways must be protected. A// municipa/surface drainage must be retained on site. if any surface drainage leaves the site, the Nampa & Meridian lrrigation District must review drainage plans. The developer must comp/y with /daho Code 31-3805. /t is recommended that irrigation water be made availab/e to all deve/opments within the Nampa & Meridian lrrigation District. Sincerely, ~.~~ ,~ Bill Henson, Asst. ater Superintendent NAMPA & MER/D/AN /RR/GAT/ON D/STR/CT 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 'ha~rr~za & ~fvcu~C'a~c ~Ivugat~o~ Dc~acict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208-888-6201 Phones: Areo Code 208 Don Palmer General Council Church of God 7th Day 1827 West Third Meridian, ID 83642 .% RE: Land Use Change Application for Metal Building Dear Mr. Palmer: 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. ~~~~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROIEC7 RIGHTS - 40,000 t MERIDIAN CITY COUNCIL MEETING: OCTOBER 3 1995 APPLICANT: ITEM NUMBER; 14 REQUEST; SEVENTH DAY ADVENTIST CHURCH• CONSTRUCTION AT TEN MILE AND CHERRY LANE 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: COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. I~~C~Y~l'ED SKINNER FAWCETT r.~,w o~cEs RICHARD A. SHINNER CHARLES W.FAWCETT DENNIS GIBALA ROBERT E. KYTE VIA FACSIMILE 887-4813 William G. Berg Jr., City Clerk City of Meridian 33 E Idaho Meridian, ID 83642 September 24, 1995 S EP 2 6 1995 CITY OF ~FRIDIAN blb SOUTH 8TH STREET POST OFFICE BOX 700 BOISE, IDAHO 83701 TELEPHONE (208) 34b-2663 TELECOPIER (208) 34b-2668 RE: SEVENTH-DAY ADVENTIST CHURCH CONSTRUCTION AT TEN MILE AND CHERRY LANE Dear Mr. Berg: This letter is to request that you add an agenda item to the City Council meeting agenda for the evening of Tuesday, October 3, 1995: Construction of a Seventh-day Adventist Church at the corner of Ten Mile Road and Cherry Lane in the City of Meridian. The Southern Idaho Corporation of Seventh-day Adventists ("SDA")purchased a lot consisting of a little over three acres at Ten Mile Road and Cherry Lane in 1988. It is my understanding that the zoning at that time was as it is today, for residential use. However, at its meeting of November 15, 1988, the City Council voted the annexation of land that included SDA's parcel of property and voted approval of a Conditional Use Permit for SDA to construct a church building on its property. In addition, certain waivers for curbs, gutters and sidewalks were voted for SDA. Unfortunately, the local congregation did not have the funds available to construct its church building. Since then, the church has been raising the money necessary to proceed with construction. At this time, the funds are in hand to allow for commencement of the construction. In contacting Sherry Stiles, Planning and Zoning with the City of Meridian, a question was raised whether the church had authority to proceed with the construction, or would have to apply for a change in zoning to accommodate construction of the church. Ms. Stiles discussed this matter with the City Attorney who suggested that the process to determine this would be to have the matter placed William G. Berg, Jr. September 24, 1995 Page 2 on the October 3, 1995, City Council agenda for consideration. Thus, you are now receiving SDA's request. It is the desire of the Seventh-day Adventist Church to commence construction without the added costs or delay of rezoning hearings. SDA is simply requesting authority to proceed with construction of its church building. SDA is aware that waiver of the inclusion of curb, gutter and sidewalks is no longer possible. Representing the Seventh-day Adventist Church at the City Council meeting at 7:30 p.m. on October 3, 1995 will be Edward Scheresky, corporation secretary and Gary Dodge, corporation treasurer. Of course, the local congregation may send representatives as well. If SDA can provide you additional information regarding this request, or if there is any difficulty in scheduling this item for the Council's agenda, please contact Edward Scheresky, Southern Idaho Corporation of Seventh-day Adventists, 7777 Fairview Ave., P.O. Box 4878, Boise, Idaho 83711 telephone (208) 375-7524 or FAX 375-7526. Of course, if our firm can assist you in anyway, do not hesitate to contact me. Thank you. Very truly yours, S FAWCE B RT E. REK/smj c: Edward Scheresky MERIDIAN CITY COUNCIL NOVENIDER 15, 1988 ' PAGE #3 understanding that in the past they have had sane problem with taking the time or the courtesy to notify the building department in terms of making such minim~un inspections as footing & foundations, so there is a track record here of not doing things as best as they can be done and being in that business myself, I know that in Meridian it has been the policy of this ad<nir..^tration and past adminstrations to keep things as simple as possible, so the cost is a~: a minimnAn to our cii~ens and so that woe can have a reasonable degree of success in our lives. It seem to me here that maybe sane of the energies are a little misdirected and being fran that building eanrninity, one of the reasons we keep things simple here in Meridian is so we do riot have the horrendous bureaucracies like they have in Boise. Those bureacracies are created by these kind of situations with everybody wanting to fudge a little bit. So it seems to me that the people with young families are entitled to have wood fences or any kind of fence to keep those children off of Franklin Road.and with that in mind it seems the proper thing to do here for the builders and developers to put the burn where it belongs, put the fencing where it belongs so it protects the residents children and so that it protects Mrs. Schlekeway's rights and that we ought to press on fran that standpoint. Everybody is free to ask for a Variance but I think in terms of me personally, I would be inclined to vote against it. Mayor Kingsford: Any other cannents, if not I would entertain a Notion. The Notion was made by Morrow and seconded by Myers that we accept Councilman Giesler's recac>mendation to stay with the Ordinances as suggested. Motion Carried: All Yea: City Attorney: One comment, as I understand the Notion that is in no way a ruling in advance of a request for a Variance, they still have the right to request a Variance, there is no guarantee that it would be granted but they still have the right to approach and petition the Council for a Variance. Mayor Kingsford: That is correct, they have not done that as yet. Item #2: Public Hearing: Annexation & Zoning Request, W/Conditional Use Permit by Seventh Day Adventist Church: Mayor Kingsford: Mr. Allison would you like to oaYte forward and be sworn: Allison, 1040 East Pine, Allison was sworn by the City Attorney: Allison: We are here tonite asking annexation & zoning of approximately 4.75 acres at the NE corner of Cherry Lane & Ten Mile. We are further requesting this be split into two parcels, the principal reason for the split is the Church requi.xes only three acres of land and the owners would prefer not to sell a portion of an irrigated parcel but to sell the entire parcel. Therefore the Church asked me and I agreed to purchase the renaming property. We have reviewed the cx~rrts fr+cm the various departrnents, further research has been done with regards to a couple itens, that were not specifically addressed, na¢n~ely the sewer issue. I will eannent on what the City Engineer has told me and if he wants to further correct that he may, my under- standing was that he met with Mike Nelson fran Ben-F`ran Savings out of Portland, Oregon and with Paul Whitewho is the developers representative with regards to Cherry Lane Village and they did not relieve it was in their interest at the present time to provide the easement necessary to extend the sewer service over to Ten Mile Road. So at the present time it is my tmderstancling we cannot make sewer available to the property. We are also requesting a Conditional Use Permit for the benefit of the Church. That would be to enable then to build the Church on the front three acres. N~RIDIAN CITY COUNCIL NOVF~~ER 15, 1988 . . PAGE # 4 Mayor Kingsford: Any questions by the Council of Mr. Allison? Giesler: Would the rest of the property stay, what zoning are you requesting? Allison: We are requesting an R-4 Zoning on the entire property, the difference being on the front three acres a Conditional Use Permit as well to allow the Church. We did have one additional ccnment that we wanted to address since we had not received ACHD's requirements at the P & Z Hearing and I had not given them to the Church , we have a representative of the Church with us here tonite and he would like to address one specific issue at this meeting. Mayor Kingsford: I will now open the Public Hearing, is there anyone else from the audience who wishes to offer testimony on this. request? James Miller, 351 Liberty Drive, Nampa, Miller was sworn by the City Attorney: Miller: We are requesting a waiver of the requirements for installation of curb, gutter and sidewalk on that three acre parcel, primarily because it will be a costly and extra expense that will place an undue hardship oar the Church Membership at this particular time, secondly it is not a cacmercial develognerit but it is a Church develogn~xit and thirdly there are other churches on Cherry Lane at this point in time that do not have curb, gutter and sidewalks. Specifically I could mention the Cherry Lane Baptist Church and the First Church of Christ. However at the time the property is developed we are pre- pared to give the required property to ACS, at a later date when it is developed if the City Council would grant a waiver for the requirements of curb, gutter & sidewalks at this time. Mayor Kingsford: any Questions? Nbrraw: Are you aware that at such time if that waiver is granted, as at such time those curbs, gutter & sidewalks are put in they will be at the Church's expense? All you are doing is deferring the time at which you are going to pay. Miller: That is understood: Mayor Kingsford: Is there anyone else in the audience who wishes to offer testmmny on this request? There was no response, the Public Hearing was closed. Council Members you have Findings of Fact & Conclusions that were prepared for the Planning & Zoning Comm fission, there are no appreciable difference, is there a Notion on those Findings? The Motion was made by Myers and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law as prepared for the Planning & Zoning Camnission: Motion Carried: Roll Call Vote: Morrow, Yea: Giesler, Yea: Myers, Yea: Tolsma, Yea: Mayor Kingsford: We have prepared an Ordinance for the Annexation & Zoning of this property and being no adverse testinrmy, this is Ordinanre #500, an Ordinance of the City of Meridian annexing & zoning a portion of the Southwest Quarter of the Southwest QuartPS of Section 2, Township 3 North, Range 1 West of the Boise Meridian, Ada County Idaho; and providing an effective date, is there anyone in the audience who wishes Ordinance #500 read in its entirety? There was no response. The Notion was made by Tolsma and seconded by Giesler that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #500 as read be passed and approved: Motion Approved: Roll Call Vote: Morrow, Yea: Giesler, Yea: Myers, Yea: Tolsma, Yea: N~RIDIAN cITY COUNCIz NOVF,NID~ER 15, 1988 PAS # 5 The Notion was made by Nbrrow and seconded by Myers to approve the Conditional Use Permit for the Seventh Day Adventist Church which allows building of a church in a R-4 Residential Zone: Notion Carried: All Yea: The Notion was made by Morrow and seconded by Giesler to waive the t of AC~FID for curbs, gutters and sidewalks for the Seventh Day Adventist Church until such time as the adjacent property develops: Motion Carried: All Yea: Item #4: James Matlock: Travel Trailer as T~nporary Residence: Mayor Kingsford: Mr. Matlock would you Dome forward and address the Council. Matlock: I did not realize when I moved into that property, the amount of work that was needed to be done to make the house liveable, I would like to request an additional 45 days, I know the original time was up some time ago, I am to the point of installing the gas line so I can heat the house, if I can get an additional 45 days I w211 be able to move into the house. The Motion was made by Giesler and seconded by Myers to grant Mr. Matlock an additional 45 days use of the Travel Trailer as a tanporary residence. Motion Carried: All Yea: Item #5: Susan Quarnstrcm: Request to park trailer h,cme behind Rosselli's on Franklin Road while repairs are being made to trailer: Mayor Kingsford: Ms. Quarstran would you cane forward and address the Council: Quarstran: G~1e rented the house from Rosselli's with the condition that it would be alright to park, I was living in a ten wide trailer by 55, and it was really not live- able, we were told on good faith by lmsselli that it would be alright to park it while it is being repaired, it is not going to be used as a residence just redone so it can be moved back into a park or resold. Mayor Kingsford: For the Councils information, she asked the City Clerk about this and it was thought this should be approved by the Council Giesler: How long period time are we looking at? Quarstran: We anticipate no longer than one year. if it does go aver that we could came and ask for a extension. Giesler: Do you have any problems with any of the neighbors or anything like that? Quarstran: I have a small problem with Teresa Sidmor~ who owns sane property back there, she has advised the City Clerk that it is two feet on her property, it does hang aver two feet into the easement as soon as we can clear out sane weeds wse will reposition it . Giesler: There won't be any utilities or anything like that hooked up to it? Quarstrom: No. 8F~5'7~Q0 ORDINANCE NO.~r~ SEVENTH DAY ADVENTIST CHURCH ANNEXATION AN ORDINANCE OF 'PHE CITY OF MERIDIAN ANNEXING AND ZONING A PORTION OF 'PHE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND. PROVIDING AN EFFECTIVE DATE; WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City the real property which is described in Exhibits "A" and "B" attached hereto and incorporated herein by this reference as if set forth in full herein. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That the described and referenced real property in Exhibits "A" and "B" is hereby annexed to the City of Meridian, and shall be zoned as follows: R-4 RESIDENTIAL. Section 2: That this Ordinance does not supersede the record, particularly the Findings of Fact and Conclusions, pertaining to this annexation, but said record is made a part hereof by this reference and incorporated herein. Section 3: That the City Clerk shall cause one (1) copy of the legal description and map which shall plainly and clearly AMBROSE, FITZ(iERALD 8 CROOKSTON Aflomsys end Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall take effect and be in force from and after its passage, approval and publication as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this,/~ day of November, 1988. APPROVED: ~ -~ :~ ~ , V Mayor--GRANT KING~FORD EST: ;, AMBROSE, FITZCiERALD 3CROOKSTON Atlomeys and Counsslon P.O. Box 427 Ms-idlan, Idaho 6362 Telephone 888J461 Jack) Niemann" j City Cler '~-SKATE OF IDAHO, ) i SS. County of Ada, ) I, Jack Niemann, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE ANNEXING AND ZONING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAI~T-0; AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. y.0~7 , by the City Council and Mayor of the City of Meridian, on the ~~~~ day of November, 1988, ~a,,~s the same appears in my office. DATED this ~~~ day of November, 1988. STATE OF IDAHO, ) ss. County of Ada, ) City~Clerk, C ty of Meridian 1 Ada :County,/ daho i ~. .~_ On this ~~ day of November, 1988, before me, the undersiged, a Notary Public in and for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~` ~ Ary~ ~. .SEAL ~ ~ ^,1~ ri~ ~ -. o ~ r 9 tary Public ror Iaano siding at: Meridian, Idaho commission expires on April 1,1993 AM81iOBE, FITZCiERALD a CROOICSTON Atlomeyf and Counaalon P.O. Box 427 Meridian, Idaho 83642 Telephone 888-4481 EXHIBIT "A" Th i s parcel i s a part i on of +.he S~l1!'45~~11/4 of Section 2, Tawnsh i p 3 North, Range 1 West of thr BGi=_e Pleridian and is mare particularly described as tallow: BEGINNING at the southwest corner ~~f said SW1i4SW1/4; Thence North U°19'07" East along the wes+.erly boundary of said $W1/4SW1/4 a distance of 345.50 feet; v Thence Sou+.h 88°38'31"•East parallel with the southerly boundary of sai d SW1.~4SW1,'4 a distance of 417.50 feet; Thence South 0°19'U7" West parallel with the said westerly boundary a distance of 345.50 feet to a point on said southerly boundary; Thence North $8°38'31" West a distance of 417.50 feet to the POINT OF BEGINNING. This parcel contains 3.311 acres and is subject to county road rights-of-way along the westerly and southerly boundaries and to a 7.5 toot wide irrigation easement along the easterly boundary. EXHIBIT "B" Pr~RGEL 2 This parcel is .~ portion of the SW1/4SWli4 of Section ~, Township 3 North, Range 1 West of the Boise Meridian and is morF particularly described as follows: trOMMENCING at the southwest corner of said SW1/4SW1/4; Thence North 0°19'07" East along the westerly boundary of said SW1/4SW1/4 a distance of 345.50 feet to the TRUE POINT OF BEGINNING; Thence continuing North 0°19'07" East along said westerly boundary a distance of 167.00 feet; Thence South 88°38'31" East parallel with the southerly boundary of said SW1/4SW1/4 a distance of 417.50 feet; Thenr_e South 0°19'07" West parallel with said westerly boundary a distance of 167.00 feet; Thence North 88° 3$'31" West a distance of 417.5u feet to the TRUE POINT OF BEGINNING. This parcel contains 1.b0 acres and is subject to a county road right-of -way along the westerly boundary and ko a 7.5 foot wide irrigation easement along the northerly and easterly boundaries. Apia Courty, Idaho • !Q/~ ~dd ~ , • TIlt M. /"~ DAT ~~h/QA~CS ECO i=R epu /~~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION S 7TH DAY ADVENTIST CHURCH ANNEXATION, ZONING, AND CONDITIONAL USE PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS AMBROSE, FITZGERAID 6CROOKSTON Attomeya and Counaslons P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 The above entitled annexation, zoning and conditional use application having come on for consideration on October 11, 1988, at approximatley 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the applicant appearing and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the annexation, zoning and conditional use was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 11, 1988, the first publication of which was 15 days prior to said hearing; that the matter was duly considered at the October 11, 1988 hearing; that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the Application for annexation, zoning and conditional use, is described in the application, and by this reference is incorporated herein; that the property is approximately five (5) acres in size; it is bound on the South by Cherry Lane, on the North by farm ground, on the West by Ten Mile Road, and, on the East by farm ground; access to AMBROSE, FITZGERALD QCROOKSTON Attorneys and Counselors P.O. Box 427 Msridlan, Idaho 83842 Telephone 888.4181 the property could be from Cherry Lane or from Ten Mile Road; there is residential property to the West across Ten. Mile Road. 3. The property is presently zoned by the county as AP-2, Agricultural Preservation and the present use is farm ground; the Applicant is requesting annexation and zoning of R-4 Residential with a conditional use for a church on 3.25 acres and a residence on 1.5 acres. 4. That the property is adjacent and abutting to the present City limits. 5. The owner of the property is Joan P. Priest, personal representative of the Davidson Estate and she has consented to the Application. 6. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 7. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan; that the property is in the Cherry Lane Neighborhood as designated on the Policy Diagram contained in the Comprehensive Plan. 8. That the proposed use of the property is for a church and residence. 9. That if the land were annexed at this time the City would be obligated to provide, at a minimum, police and fire protection services. 10. That the property can be serviced with City water and sewer. 11. That the Applicant did submit a request for a conditional use for developement as a church. 12. That there was no testimony from the public objecting to the Application. 13. Ada County Highway District and the Department of Health may submit comments and such will be incorporated herein as if set forth in full. 14. That the Central District Health Department may submit comments which will be incorporated herein as if set forth in full. 15. That the City Engineer may submit comments which will be incorporated herein as if set forth in full. 16. That the R-4 zone is described in the Zoning Ordinance 11-2-408 B.1. as follows: (R-4) Low Density Residential District: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of in- compatible non-residential uses. The (R-4) District allows for a maximum of four (4> dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 17. That Section 11-2-409 B provides that churches are AMBROSE, FIT2t3ERALD BCROOKSTON Attorneys and Counselors P.O. Box 127 McAdlan,ldaho 83842 Telephone 88&4481 allowed conditional uses in the R-4 zone. 18. That proper notice has been given as required by law AMBROSE, FITZGERALD 6 CROOKSTON Attorneys and Counseloro P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 and all procedures before the Planning and Zoning Commission have been given and met. 19. That the Applicant has submitted petitions signed by at least 75$ of the people owning property within 300 feet of the external boundaries of the property indicating their approval. of the property as requested by the Applicant. CONCLUSIONS 1. That the City has authority to annex land pursuant to 5U-222, Idaho Code and authority to grant conditional uses pursuant to 67-6512, Idaho Code and Section 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 2. That the Planning and Zoning Commission has judged this annexation, zoning and conditional use application by the guidelines, standards, criteria, and policies contained in Section 50-222; Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan as amended February 19, 1985, and the record submitted to it and things of which it can take judicial notice. 3. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 4. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 5. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 6. That the annexation application has been initiated by the Applicant, with consent of the owner, and the annexation is not upon the initiation of the City of Meridian. 7. That since the annexation and zoning of land is a legislative function the City has authority to place conditions upon the annexation of land and that the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and Section 11-2-418(D) of the City Zoning Ordinances. 8. That 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, the Planning and Zoning Commission preliminarily concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by AMBROSE, FITZGERALD 6 CROOKSTON Attomsys end Counselor P.O. Box 427 Msrldlan, IdMo 83842 Telephone 8884181 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 same. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use should not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has water and sewer service available. 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. The use would not invovle 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 or noise. h. Sufficient parking for the property and the proposed use must be provided. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. AMBROSE, FITZGERALD QCROOKSTON Attorneys end Counselor P.O. Box 427 Meridian, Idaho 83842 Telephone 8884181 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements; that the applicant shall be required to connect to Meridian water and sewer; that the property will be subject to Site Planning Review. 10. That proper and adequate access to the property is available but will have to be improved to allow the proposed development. 11. That it is concluded that the annexation, zoning and conditional use would be in the best interests of the City of Meridian. 12. Therefore, based on the Application, the testimony and evidence, these Findings and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be annexed and zoned as requested and the conditional use granted; that the conditions should be those stated above and upon issuance of final platting or issuance of a building permit and other conditions to be explored at the City Council level; that such annexation would be orderly developement and reasonable if the conditions are met. 13. That due to the fact that these findings and conclusions were prepared prior to hearing they may have to be altered, changed or amended after the hearing. AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 888J481 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Commissioner Rountree Voted ~°J 1 Commissioner Shearer ~ Voted~~ )~ Commissioner Johnson Voted ~~ Commissioner Alidjani Voted~c9 Chairman Morrow Voted ~~ ~g RECOMMENDATION AMBROSE, FITZGERALD 3CROOKSTON Attorneys end Counseloro P.O. Box 427 Merfdien, Idaho 83842 Telephone 8884481 It is hereby recommended to the City Council that the property should be annexed and zoned R-4 Residential and the conditonal use be granted under the conditions stated hereinabove and those investigated and set forth by the City Council. MOTION: APPROVED ~ t y~'y DISAPPROVED 8~5`7~.Q0 ORDINANCE N0._=~~- SEVENTH DAY ADVENTIST CHURCH ANNEXATION AN ORDINANCE OF' THE CITY OF MERIDIAN ANNEXING AND ZONING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE; WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City the real property which is described in Exhibits "A" and "B" attached hereto and incorporated herein by this reference as if set forth in full herein. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That the described and referenced real property in Exhibits "A" and "B" is hereby annexed to the City of Meridian, and shall be zoned as follows: R-4 RESIDENTIAL. Section 2: That this Ordinance does not supercede the record, particularly the Findings of Fact and Conclusions, pertaining to this annexation, but said record is made a part hereof by this reference and incorporated herein. Section 3: That the City Clerk shall cause one (1) copy of the legal description and map which shall plainly and clearly AMBROSE, FITZGERALD R Cti00KSTON Attorneys and Counselor P.O. Box ~T McMdian,ldeho 83842 Telephone 8881181 designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall take effect and be in force from and after its passage, approval and publication as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this,/~ day of November, 1988. APPROVED: Mayor--GRANT K N FORD AMBROSE, FITZ(iERALD ACROOKSTON Attorneys and COUnNlofe P.O. l3ox •27 Meridian, lddq 83412 Telephons888d161 TEST: ackJ Niemann=f City Cler -SrI`ATE OF IDAHO, ) i/ Ss. County Hof Ada, ) I, Jack Niemann, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE ANNEXING AND ZONING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDA~jO; AND PROVIDING AN EFFECTIVE DATE", passed as Ordinance No. ~ OC3 , by the City Council and Mayor of the City of Meridian, on the ~ ~~!1 day of November, 1988, ajs the same appears in my office. DATED this ~~~`j day of November, 1988. ,- City Clerk, C ty of Meridian ,% Ada ,County, daho i ~_~ AMBROSE, FITZGERALD 3 CROOKSTON Attomsys and Counselor P.O. Box 427 MsMdisn,Idaho 83642 Telephone 8884481 STATE OF IDAHO, ~ County of Ada, ss. On this ~~~ day of November, 1988, before me, the undersiged, a Notary Public in and for said State, personally appeared Jack Niemann, known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS my official seal written. ,.... ;.. WHEREOF, I have hereunto set my hand and affixed the day and year in this certificate first above ''-~ ~~°' fix, "'~__;'. ~: SEAL ~ `~ -'~7't ~'t~~, a' ., ~ ~ a •~48 r ~ `P ;;" J~ v ~f A, ~~°~~a~:~~sct:.. ~~ N ary Public for Idaho siding at: Meridian, Idaho My commission expires on April 1,1993 EXHIBIT "A" This parcel i s a portion of the S~~!1-'4S!•J1/4 c,f Section ~, Tc~wnsh i p 3 North, Range 1 Jest of the Bc~i _e P~1Fr i di an and i s mc~re particular•1';Y de scribede.s foll~~ws: BEGINNING at the southwest corner of said SW1/4S1~J1:4; Thence North U°19'G7" East along the westerly boundary of said SW1/4SW1/4 a distance of 345.50 feet: v Thence South 3x°3x'31"-East parallel with the southerly boundary of said SWI/4SW1/4 a distance of 417.50 feet; Thence Sou+.h 0°19'07" West parallel with the said westerly boundary a distance of 345.50 feet to a point on said southerly boundary; Thence North x$°3x'31" West a distance of 417.50 feet to the PGINT 4F BEGINNING. This parcel contains 3.311 acres and is sub,iect to county road rights-of-way along tt'ie westerly and southerly boundaries and to a 7.5 foot wide irrigation easement along tt-~e easterly boundary. EXHIBIT "B" Pfi,RCEL Th i s parts 1 i s a par t i on of the SWlf`4S-.J1i4 of Section ~, Townsh i p 3 North , Range 1 GJest of the Boise Meridian arrd i s morF particularly described as follows: COMMENCINu at the southwest corner of said SW1/4SW1~'4; Thence North 0°iS''G7" East along the westerly boundary of said SW1/4SW1/4 a distance of 345.50 feet to the TRUE POINT OF BEGINNING; Thence continuing North G°19'G7" East along said westerly boundary a distance of 167.GG feet; Thencr South 88°38'31" East parallel with the southerly boundary of said SW1/4SW1/4 a distance of 417.5E feet; Thenr_e South G°ly'G7" West parallel with said westerly baundary a distance of 1b7.GG feet; Thence North 88° 3$'31" West a distance of 417.5E feet to the TRUE POIP~T OF BEGINNING. This parcel contains 1.50 acres and is subject to a county road right-of-way along the westerly boundary and to a 7.5 foot wide irrigation easement along the northerly and easterly boundaries. Ms County, Idaho • upt rf ?~ Tlllfi M. DAT J0911V DA ~ I[3Af~ ECO tR epu /~~ 7NIERIDIAN CITY COUNCIL NOVF~ER 15, 1988 PAGE #3 understanding that in the past they have had scene problem with taking the time or the courtesy to notify the building departrnP,nt in terms of making such miniimun inspections as footing & foundations, so there is a track record here of not doing things as best as they can be done and being in that business myself, I know that in Meridian it has been the policy of this admin..^tration and past adminstrations to keep things as simple as possible, so the cost is d~ a minimum to our cii:zens and so that we can have a reasonable degree of success in our lives. It seegn to me here that maybe some of the energies are a little misdirected and being fran that building caYnnuiity, one of the reasons we keep things simple here in Meridian is so woe do not have the horrendous bureaucracies like they have in Boise. Those bureacracies are created by these kind of situations with everybody wanting to fudge a little bit. So it seems to me that the people with young families are entitled to have wood fences or any kind of fence to keep those children off of Franklin Road and with that in mind it seems the proper thing to do here for the builders and developers to put the berm where it belongs, put the fencing where it belongs so it protects the residents children and so that it protects Mrs. Schlekeway's rights and that we ought to press on fran that standpoint. Everybody is free to ask for a Variance but I think in terms of me personally, I would be inclined to vote against it. Mayor Kingsford: Any other oamnents, if not I would entertain a Notion. The Motion was made by Morrow and seconded by Myers that we accept Councilman Giesler's recanmendation to stay with the Ordinances as suggested. Motion Carried: All Yea: City Attorney: One cantnent, as I understand the Notion that is in no way a ruling in advance of a request for a Variance, they still have the right to request a Variance, there is no guarantee that it would be granted but they still have the right to approach and petition the Council for a Variance. Mayor Kingsford: That is correct, they have not done that as yet. Item #2: Public Hearing: Annexation & Zoning Request, W/Conditional Use Permit by Seventh Day Adventist Church: Mayor Kingsford: Mr. Allison would you like to cane forward and be sworn: Allison, 1040 East Pine, Allison was sworn by the City Attorney: Allison: We are here tonite asking annexation & zoning of approximately 4.75 acres at the NE corner of Cherry Lane & Ten Mile. We are further requesting this be split into two parcels, the principal reason for the split is the Church requires only three acres of land and the owners would prefer not to sell a portion of an irrigated parcel but to sell the entixe parcel. Therefore the Church asked me and I agreed to purchase the r~naining property. We have reviewed the oamtients fran the various departments, further research has been done with regards to a couple items, that were not specifically addressed, namely the sewer issue, I will cannerLt on what the City Engineer has told me and if he wants to further correct that he may, my under- standing was that he met with Mike Nelson Fran Ben-Fran Savings out of Portland, Oregon and with Paul White who is the developers representative with regards to Cherry Lane Village and they did not i.~elieve it was in their interest at the present time to provide the easement necessary to extend the sewer service over to Ten Mile Road. So at the present time it is my understanding we cannot make sewer available to the property. We are also requesting a Conditional Use Permit for the benefit of the Church. That would be to enable them to build the Church on the front three acres. 'NNIERIRIDIAN CITY COUNCIL NOVE~IDER 15, 1988 ` PAGE # 4 Mayor Kingsford: Any questions by the Council of Mr. Allison? Giesler: Would the rest of the property stay, what zoning are you requesting? Allison: We are requesting an R-4 Zoning on the entire property, the difference being on the front three acres a Conditional Use Permit as well to allow the Church. We did have one additional coimtent that we wanted to address since we had not received ACHD's requirements at the P & Z Hearing and I had not given then to the Church , we have a representative of the Church with us here tonite and he would like to address one specific issue at this meeting. Mayor Kingsford: I will now open the Public Hearing, is there. anyone else from the audience who wishes to offer testimony on this request? James Miller, 351 Liberty Drive, Nampa, Miller was sworn by the City Attorney: Miller: We are requesting a waiver of the requirements for installation of curb, gutter and sidetivalk on that three acre parcel, primarily because it will be a costly and extra expense that will place an undue hardship on the Church Nlenbership at this particular time, secondly it is not a caYmercial development but it is a Church develognent and thirdly there are other churches on Cherry Lane at this point in time that do not have curb, gutter and sidewalks. Specifically I could mention the Cherry Lane Baptist Church and the First Church of Christ. However at the time the property is developed wee are pre- pared to give the required property to ACRD, at a later date when it is developed if the City Council would grant a waiver for the requirements of curb, gutter & sidewalks at this time. Mayor Kingsford: any Questions? Morrow: Are you aware that at such time if that waiver is granted, as at such time those curbs, gutter & sidewalks are put in they will be at the Church's expense? All you are doing is deferring the time at which you are going to pay. Miller: That is understood: Mayor Kingsford: Is there anyone else in the audience who wishes to offer testimony on this request? 'There was no response, the Public Hearing was closed. Council Members you have Findings of Fact & Conclusions that were prepared for the Planning & Zoning Comm- ission, there are no appreciable difference, is time a Notion on those Findings? The Motion was made by Myers and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law as prepared for the Planning & Zoning Camtission: Motion Carried: Roll Call Vote: Morrow, Yea: Giesler, Yea: Myers, Yea: Tolsma, Yea: Mayor Kingsford: We have prepared an Ordinance for the Annexation & Zoning of this property and being no adverse testimony, this is Ordinance #500, an Ordinance of the City of Meridian annexing & zoning a portion of the Southwest Quarter of the Southwest Quarter of Section 2, Township 3 North, Range 1 West of the Boise Meridian, Ada County Idaho; and providing an effective date, is there anyone in the audience who wishes Ordinance #500 read in its entirety? There was no response. The Nation was made by Tolsma and seconded by Giesler that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #500 as read be passed and approved: Motion Approved: Roll Call Vote: Morrow, Yea: Giesler, Yea: Myers, Yea: Tolsma, Yea: ~~lERIDIAN CITY COUNCIL NOVII~ER 15, 1988 PAGE # 5 The Motion was made by Morrow and seconded by Myers to approve the Conditional Use Permit for the Seventh Day Adventist Church which allows building of a church in a R-4 Residential Zone: Motion Carried: All Yea: The Motion was made by Morrow and seconded by Giesler to waive the requirement of ACfID for curbs, gutters and sidewalks for the Seventh Day Adventist Church until such time as the adjacent property develops: Motion Carried: All Yea: Item #4: James Matlock: Travel Trailer as 'T'emporary Residence: Mayor Kingsford: Mr. Matlock would you cane forward and address the Council. Matlock: I did not realize when I moved into that property, the amount of work that was needed to be done to make the house liveable, I would like to request an additional 45 days, I know the original time was up sane time ago, I am to the point of installing the gas line so I can heat the house, if I can get an additional 45 days I will be able to move into the house. The Motion was made by Giesler and seconded by Myers to grant Mr. Matlock an additional 45 days use of the Travel Trailer as a temporary residence. Notion Carried: All Yea: Item #5: Susan Quarnstran: Request to park trailer bane behind Rosselli's on Franklin Road while repairs are being made to trailer: Mayor Kingsford: Ms. Quarstran would you cane forward and address the Council: Quarstrom: ~Ve rented the house from Rosselli's with the condition that it would be alright to park, I was living in a ten wide trailer by 55, and it was really not live- able, we were told on good faith by Rosselli that it would be alright to park it while it is being repaired, it is not going to be used as a residence just redone so it can be moved back into a park or resold. Mayor Kingsford: For the Councils information, she asked the City Clerk about this and it was thought this should be approved by the Council Giesler: How long period time are we lookinz~ at? Quarstran: We anticipate no longer than one year. if it does go over that woe could cane and ask for a extension. Giesler: Do you have any problems with any of the neighbors or anything like that? Quarstrom: I have a small problem with Teresa SidmorQ who owns sane property back there, she has advised the City Clerk that it is two feet on her property, it does hang over two feet into the eas~eri~ as soon as we can clear out sane weeds w+e will reposition it . Giesler: There won't be any utilities or anything like that hooked up to it? Quarstran: No. { MERIDIAN P & Z OCPORFR 11, 1988 PAGE # 2 Chairman Morrow: I will maw open the Public Hearing, is there anyone in the audience who wishes to offer testimony on this request? There was no response, the Public Hearing was closed. Are there any additional caatn~nts or questions of the CaYmission? There were none. Cemission Members you have Preliminary Findings of Fact and Conclusions, is there a Motion to approve these Findings? The Notion was made by Alidjani and seconded by Rountree that the Meridian Planning & Zoning Cce~mission hereby adopts and approves the Findings of Fact and Conclusions as prepared by the City Attorney: Motion Carried: Roll Call Vote: Alidjani, Yea: Johnson, Yea:Rountree, Yea: Nbrrow, Yea: The Motion was made by Rountree and seconded by Johnson that the Meridian Planning & Zoning Camtission hereby recnds to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicants for the property described in the application: Notion Carried: All Yea: Item #2: Public Hearing: Request for Annexation & Zoning W/Conditional Use Permit~by the Seventh Day Church: Chariman Morrow: Is there saneone present to represent this request? If so would they please cc~tie forward and state their mane and address and be sworn by the City Attorney. Rich Allison, 1040 East Pine, Mr. Allison was swr~rn by the City Attorney: Allison: The Seventh Day Adventist Church is requesting Annexation & Zoning of approximately five acres of property located at the NE corner of Ten Mile and Cherry Lane, the Church is also requesting a Conditional Use Permit on approximately 3 1/4 acres for a church location, the remaining property will be purchased by a second party, myself, due to the nature and the way the property lays the cx~mer prefers to sell the five acres as one parcel.~ince it is surrounded by irrigation. ditches oat two sides. I have read the catments as received, the only area that would require quite a bit of additional review and study would be the sewer, if in fact adjacent owners, or nearby owners to this property would be in agreement to share in the costs we could possibily extend the sewer service. We would also have to have the cooperation of the owner of the property in Cherry Lane Village Subdivision that has not as yet been platted arrive at a route fran Turnberry Way to Ten Mile Road. Rountree: What is going to happen to the additional parcel that is being split off? Allison: The additional parcel, I am going to purchase and I plan on building a hone for myself on this property. City Attorney: In the Findings of Fact item #10 reflect that water & sewer are available, when I prepared these I did not have the Engineers arnrnnts so they will need to be amended to reflect the problem with the sewer, I did Yver incorporate the Engineers oamtients assunung they would be available by this hearing. Johnson: Item #10 states that the property can be serviced with water & sewer not that it is available, I would not think they would need changed. City Attorney: I guess it would be alright then as long as the reference is made to the Engineers cements . MERIDIAN P & Z OCTOBER 11, 1988 PAGE # 3 Chairman Morrow: I will now open the Public Hearing, is there anyone fron the audience who wishes to testify on this request? There was no response, the Public Hearing was closed. Are there any more comments or questions of the Commission? There were none. Comtission Nl~nbers, you have Findings of Fact & Conclusions, is there a Notion to approve these Findings? The Notion was made by Rountree and seconded by Alidjani that the Meridian Planning & Zoning Commission hereby adopts and approves the Findings of Fact and Conclusions as prepared by the City Attorney on this request: Motion Carried: Roll Call Vote: Rountree, Yea: Johnson, Yea; Alidjani, Yea: Nbrrow, Yea: The Motion was made by Johnson and seconded by Alidjani that it is hereby recatmended to the City Council that the property should be annexed and zoned R-4 Residential and the Conditional Use Permit be granted under the conditions stated in the Fint~ings of Fact and Conclusions and those investigated and set forth by the City Council. Motion Carried: All Yea: Item #3: Public Hearing: Proposed Amenc~nents to the Comprehensive Plan: Chairman Morrow: I would ask the City Attorney to give a brief overview of what the proposed amenctnents are City Attorney: The major change is to change the NE quadrant of I-84 and Meridian Road which is presently designated as regional shopping center site, the change is to change the designation fron that to a mixed use area to accomplish that we need to change several itons in the Ccnrprehensive Plan, which would be the Policy Diagram_ score text a~mendmPalts throughout the Plan which reference the shopping center site, sore of the policies relating to development are changed, the other throe quadrants are already mixed use areas, there has to be a change in the arterial transportation concept plan, the other changes are to the amendment procedures as now stated in the Plan. Chai~nan Nbrrow: I will now open .the Public Hearing, is there anyone in the audience who wishes to testify on this matter? There was no response, the Public Hearing was closed. Is there any questions or discussion fron the Commission? There was none. I would then entPx~tain a Notion for Findings. The Notion was made by Johnson and seconded by Rountree to have the City Attorney prepare Findings of Fact and Conclusions on these proposed amendments: Notion Carried: All Yea: The Notion was made. by Alidjani and seconded by Rountree that the Findings of Fact and Conclusions show a favorable reca~dation to the City Council: Notion Carried: All Yea: Chairnian Nbrrow: I will give the Commission a report on the meeting I attended of the Idaho Planning Association last week, the sessions I attended in terms of the courses were the Historic Preservation issue which was simply a tour of the Pocatello area ,they have a whole bunch of historic buildings, they want to perserve everything but it all has to come from government funds because the private sector is not willing to spend the monies it would take, they mere all for that we are talking primarily MERIDIAN P & Z OC`T'OBER 11, 1988 PAGE # 4 about professional planners, the purpose of me going to this was to see if the City of Meridian ought to stay a manber, probably is not going to hurt to stay a manber for the fee involved. It gives us an opportunity to see what professional people are thinking. The second session I attended was the revenue allocation financing, probably the best thing fran that conference that would apply to the City of Meridian, and basically it was incremental increases in .the property tax simply if you take a piece of property and improve that property, you can finance the improved portion of that-with the increases in tax revenue fran the property tax. The next seminar was the hearing examiner system, it does not make a lot of sense for anyone to use that as it just prolongs the process. The last thing I attended was law and litigation in terms of planning esentially the most outstanding thing to cane from that is that basically that you can be sued for anything .and there was a case in Idaho Falls that said that when you issue public notice in the paper of your hearings you should also mail out your mailings on that same date and apparently the City of Idaho Falls lost sane litigation because the two dates did not coincide, this might be something for the Counselor to look into. That was the only great point that was brought up with the exception of civil rights apparently a large percentage of the land use cases that are brought and are successful have been brought under civil rights litigation. They had a panel discussion on Friday afternam with the people in the audience discussing the problems they have with their local Planning & Zoning Catmissions and however they choose to do it.Essentially the im~oression I had fran this sessiari was the system that we have in the City of Meridian is probably quite candidly one of the best in the State of Idaho, it sears to be the most efficient, it seems to be the most objective, it seems to be the most well run quite frankly in many other cases they have hearing examiners, they have boards of appeal, all of than can rathP~- bulkly, do not seen to get done what needs to be done in particul City of Idaho Falls, apparently anybody serving on the P & Z CamLission over a are marked persons by and large the general gist I got fran attending this conference was that there sears to be a conflict between professional planners and elected officials. It sears to me that the general impression that the planners have is that no one should be responsible to the electoral and that planning and zoning more or less ought to be a function of the textbook as opposed to what the realities are, based on that it seems to me that we ought to renain a manb~s, we probably ought to attend the annual meeting, beyond that I clo not think we ought to extend our irivoly- ment in the association very much. I think the City is to be congratulated on the way it handles things, it is obvious it is far better than other places and the other thing is I think that probably based on what I saw there is the closer we can keep the system that we have to the general public and to the citizens that we work for the better off we are meaning simply that we do not want to get into the position of anploying professional planners. Being no further business to cane before the CaYmission the Motion was made by Rountree and seconded by Johnson to adjourn at 8:07 p.m.: Motion Carried: All Yea: (TAPE ~ FILE OF THESE PR(JC'EEDIlVGS) APPRWED: G~~~~~_____~ RP(JW RMAN ATTEST: J ' Nic~riann City Clerk .~' 7TH DAY ADVENTIST CHURCH PLAN CHECK (preliminary) 1. Designate screened trash receptacle area. 2. Designate four handicap accessible parking spaces with at least one 8" adjacent access aisle. All accessible parking and access aisle shall be properly designated with striping and signage. Handicap parking should be as close as possible to main entrance. 3. Designate handicap accessible ramps. 4. Show square footage of asphalt. One 3" caliper tree is required for every 1500 square feet of asphalt. 5. Show landscaping detail for north side of building. 6. Dedicate additional 5' for ACHD right-of--way on Ten-Mile Road. J ~. Need ACHD approval letter. - C, ~ r~~'u%~~S y5 ~ ~Q di C~~e~ ~a~- CC~7~~ ~ C ~.d . CO~rLC~ec/ Ca ~ c°S 1"a~ /~°v~'ew 6y P~ ~ ~'0'/+-A-.3r~~x. 8. PI~~s~ ~~~ ~ g ~ - ~ ~~ rczd a/s~9~O ENGINEER//VG BRIGGS INC. January 24, 1996 Mr. Jim Rabbitt Meridian Planning & Zoning 33 E. Idaho Street Meridian, Idaho 83642 Re: Seventh Day Adventist Church Dear Jim: Enclosed is a revised site plan of the church site with the changes you asked for. I tried to include everything we discussed; however, please call me if you have any questions or if I have missed something. Please let me know if this plan is acceptable so I can send additional plans to Public Works for review. Sincerely, BRIGGS ENGINEERING, INC. S /~ ~~s Stan McHutchison, P.E. Enclosure: Plans -Sheets C1 & C2 cc: Ed Doherty w/Enclosures 960109 1111 S. Orchard, Suite 600 ~ Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 ~NGINEERI/yG BRIGGS) ING. March 28, 1996 Mr. Jim Rabbitt City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 Re: Seventh Day Adventist Church Dear Jim: Enclosed per your request are two (2) copies of the site plan with the revisions in the handicap parking spaces. Please call me if you have any questions. Sincerely, BRIGGS ENGINEERING, INC. Stan McHutchison, P.E. Enclosure: Plans (2 copies) ~ 4~'~-If ~ cc: Ed Doherty w/enclosure' Doug Olson w/enclosure 960109-20-1 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 MERIDIAN ACADEMY MULTI-USE BUILDING Square footage of all buildings is approx. 34,488. Using definition of community center (1 parking space for every 300 sq. ft.), 115 parking spaces are called for. 139 total parking spaces are provided: ~„ l y '73 /? s , s~- o ~ ^~ ~r^ ~~ %s s : ~ e ,~ ~c ~, Of the 139 parking spaces provided, at least 5 should be H.C. spaces and one of the five should have an adjacent 8' access aisle. All H.C. spaces should be properly designated with striping and signage. 3 . Total square footage of asphalt should be shown with one 3 ° caliper tree for every 1500 sq. ft. of alpha t. / ~ S~~ ~ ~ O~ All parking spaces should be 9' X 19' with a 25' driveway aisle. ~, S. G v-t q X~ v c....~ 2 y~ q ~s~ C 5. Enclosed trash receptacle should be designated. ~1< Handrails and insulation shall be provided in restrooms per ADA requirements. (1~~< Designate H.C. access ramp from parking area. CITY OF MERIDIAN CERTIFICATE OF- OCCUPANCY 0 ~.~ BUILDING PERMIT Issued: 3/27/96 Permit No: 1551. Att Notes: DWNERlflPPLICANT----------_.._______-_._-PROPERTY LOCATION--°________________~__ SEVENTH-DAY AISVENTISTS I 3150 CHERRY LANE W -.7777 FAIRVIEW AVE I BOISE ID 83706 I Lot: 0 Blocks Lotng.Legal: 208T3~15-7524 I Sub: T:.7TH'DAY ADVENTIST GHURCH S: f Parc No.• i CONTRACTOR- --- - - - -- ------ ------DESIGNER---- -___-- --------______ _ _. DOUG OLSON CONSTRUCTION- ` - 11456 ROXBURY CT. 80`I 8E I D 83704 I 208/337-2794 i 100/000-@000 ~ROJECT INFO---~-------------- ---- ------------------- -------------- ------- Pr,j Va 1 ue : X227, 000. 00 ~ I SFD UNITS : 0~ MFD. UN I TS s @ Prj Type: NEW I SFD SQ FT: 0 MFD-SG! FT: ~1 Occ Tyyped CHURCH I Occ Grp: Occ Loads I COMMERCIAL: B, 760 GARAGE: Cnstr Type: _ I INDUSTRIAL: 0 Land Use: 1 ' PRDJECT (VOTES----~_.~~__-__-------~~___~______-----------------------------------__-_ BUILDING-.PERMIT L847.00 LESS !6150.00 APPLICATION FEE _ - OCCUPANCY CONDITIIaNS/COMMENTS-----------------____~_______~~_-----.----------------~- P~ 30 ,f~fry S 7~v~-~~ o-r- o, r r - c ~~ ~ ~ zd rv i ~l ~ l ~~ ~ c~ o g ~`~ OCCUPANCY REQUIREMENTS APPLICABLE APPROVALS .. ~ ~ - 4 Certificates of occupancy must be posted in a conspicuous place when. the occupancy of the structure is other than Building Department residential. Deviation from the approved. occupancy for which this Planning and oning certificate has been issued is unlawful. The issuance of a Certificate of Occupancy shall not be gineering epartment construed as an approval of a violation of the provisions- ofthe Meridian City Building and Fire Codes or of other ~~ ~~ ordinances of this jurisdiction. ~ ~ FYre Department ~- ~~ Adv'e~`~` ~ ~ ~i _~~ ~jool ~~PPL" ICATION FOR AMENDMENT TO LETTER OF CREDIT (COMMERCIAL OR STANDBY TO: ^ United States National Bank of Oregon ^ U S. Bank of Nevada ^ U S. Bank of California ^ U S. Bank of Utah ® US. Bank of Idaho ^ US. Bank of Washington, National Association U.S. BANtC~ E 07/08/97 ~ ~ 5000344 ~ - ~ - ---~ ~ I Please amend or request one of your affiliates to amend on our behalf the above-referenced letter of credit ("Credit") AMEND BY: ^ Airmai] ^ Teletransmiss7on ^ Courier ^ FAX Copy to: Attention: ACCOUNT PARTY DENEFICIARY THE SOUTHERN IDAHO CORPORATION OF SEVENTH- CITY OF MERIDIAN DDAAyY ,Aq~DpVEEIN~TTIISSTTS DBA IDAHO CONFERENCE OF SEVENT - 33 E. IDAHO /777--FAIRVIEASAVE, BOISE, ID 83711-4878 MERIDIAN, ID 83642 rL>;Aa>r AMtNU AS FOLLOWS: PLEASE EXTEND LETTER OF CREDIT MATURITY DATE TO 07/15/98. All other ternu and conditions of the Credit and the application and agreement therefor remain unchanged. The undersigned understands this amendment is subject to acceptance by the beneficiary. Bank's issuance of the amendment constitutes its agreement hereto. If Oregon law applies the following disclosure is required: Under O_re¢on law, most agreements promises and commitments made by lenders after October 3, 1989, concerning loans and other credit extensions which are not for personal, family, or household purposes or secured solely by the borrower's residence must be in wri6n~_ e>R.*e~. rnnei~tornr:e... ~..d i.- ..:.~.....~ L- _t_ ,__ ~__ _ _ ~ ~ 208 375-7524 SEVENTH-DAY ADVENTISTS DBA IDAHO CONFERENCE OFI 77J-~F,~iI$W A TREASURER COR~ES~ONDENT BANK AGREEMENT (IF APPLICABLE) l:uxNFJPORDFNT DANK NAME AUT ORI -r TLE ~~ . .. ......... .......... O.at. FOR ADMINISTRATIVE USE ONLY ~~ a confirmed. This extension of credit is approved in cco i ' s ent llm m OFFIC - a rdance w th the Bank s curr re re nts. ' OFFICER S NAME AND NUMBER (PLEASE PRINT) FEE • • .. • • .. .. RRY THOMPSON 7 3 0 7 ^ Race Manual ^ Other LIGOA OBLIGATION NUMBER 0 ~ LiB1. T'YYE MAIL CODE COMPANY/COST CENTER TELEPHONE NUMBER ~ 0 0 16-L1Gtl 3!% JUL 14 '97 15 05 208 454 1587 PAGE.01 U.S. BANK U. S. BANK OF IDAHO INTERNATIONAL BANKING DIVISION 101 SOUTH CAPITOL BOULEVARD P. O. BOX 8247 BOISE, IDAHO, 83733 U.S.A. SWIFT USBKUS5I FAX (208) 383-7641 ---------------------------- AMENDMENT TO IRREVOCABLE STANDBY LETTER OF CREDIT JULY 17, 1997 ----------------------------------------------------------------- BENEFICIARY APPLICANT: CITY OF MERIDIAN THE SOUTHERN IDAHO CORP OF 33 E. IDAHO AVE. SEVENTH-DAY ADVENTISTS MERIDIAN, IDAHO 83642 DBA IDAHO CONFERENCE OF SEVENTH-DAY ADVENTISTS 777 FAIRVIEW AVENUE BOISE, IDAHO 83711 ----------------------------------------------------------------- LETTER OF CREDIT NUMBER: S000344 ~~~~~~~ AMENDMENT NUMBER: 001 ----------------------------------------------------------------- WE HEREBY AMEND IRREVOCABLE STANDBY LETTER OF CREDIT AS FOLLOWS: +THE EXPIRY DATE IS EXTENDED TO JULY 15, 1998 ALL OTHER TERMS REMAIN UNCHANGED ----------------------------------------------------------------- U. S. BANK OF IDAHO ~~' Vt~,~~~~ AUTHORIZED SIGNATURE ** THIS PAGE 1 FORMS AN INTEGRAL PART OF.CREDIT S000344 ** l 6 -739 - I 1 ~9d us. ~-nifc RECEIVED JAN 1 7 1997 v. s. BANK OF IDAHO INTERNATIONAL BANKING DIVISION CITY OF MERIDIAN 101 SOUTH CAPITOL BOULEVARD P. O. BOX 8247 BOISE, IDAHO, 83733 U.S.A. SWIFT USBKUS5I FAX (208j 383-7563 IRREVOCABLE STANDBY LETTER OF CREDIT" ~~~=~ JANUARY 08., 1997 ----------------------------------------------------------------- BENEFICIARY: APPLICANT: CITY OF MERIDIAN THE SOUTHERN IDAHO CORPORATION 33 E. IDAHO AVE. OF MERIDIAN, IDAHO 83642 IDAHO.CONFERENCE OF SEVENTH-DAY ADVENTISTS 7777 FAIRVIEW AVENUE BOISE, IDAHO 83711-4878 ----------------------------------------------------------------- LETTER OF CREDIT NUMBER: S000344 _ _ ' EXPIRY DATE: JULY 15, 1997 AT: ISSUING BANKS INTERNATIONAL BANKING COUNTERS IACATED AT 101 SOUTH CAPITOL BLVD., BOISE, IDAHO 83733 ON OR BEFORE S:OOPM DEAR SIRS: WE HEREBY AUTHORIZE YOU TO DRAW ON U.S. BANK OF IDAHO, BOISE, IDAHO FOR ACCOUNT OF APPLICANT AS FOLLOWS: THIS LETTER OF CREDIT IS ESTABLISHED IN THE AGGREGATE AMOUNT OF USD 36,300.00 ( THIRTY SIX THOUSAND THREE HUNDRED 00/100 USD AVAILABLE BY YOUR DRAFT(S) DRAWN AT SIGHT ACCOMPANIED BY THE FOLLOWING DOCUMENTS ~: + THE ORIGINAL OF THIS LETTER OF CREDIT FOR ENDORSEMENT + A STATEMENT PUPORTEDLY SIGNED BY AN AUTHORIZED INDIVIDUAL OF THE BENEFICIARY AS FOLLOWS: "THE SOUTHERN IDAHO CORPORATION OF SEVENTH-DAY ADVENTISTS HAS FAILED TO PERFORM OR IS IN DEFAULT OF THE COMPLETION OF LANDSCAPING AND THE WELL AT .3150 W. CHERRY LANE, MERIDIAN, IDAHO 83642." ** THIS PAGE 1 FORMS AN INTEGRAL PART OF CREDIT S000344 ** 16 -7349 -1 1/94 > , U.S. BANK PARTIAL DRaiiINGS NOT PERMITTED. . PURSUANT TO II.S. LAW WE ARE PROHIBITED FROM ISSUING, TRANSFERRING, ACCEPTING OR PAYING LETTERS OF CREDIT TO ANY PARTY OR ENTITY IDENTIFIED BY THE OFFICE OF FOREIGN ASSETS CONTROL, U.S. DEPT OF TREASURY, OR SUBJECT TO THE DENIAL OF EXPORT PRIVILEGES BY THE U.S. DEPT OF COMMERCE. ALL DRAFTS DRAWN MUST BE MARKED: " DRAWN UNDER U.S. BANK IDAHO IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER S000344" THIS CREDIT .IS SUBJECT TO "THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS" (1993 REVISION) INTERNATIONAL CHAMBER OF 'COMMERCE PUBLICATION NO. 500 WE HEREBY AGREE WITH DRAWERS OF DRAFTS UNDER AND IN COMPLIANCE WITH THE''1'ffitMS OF THIS CREDIT THAT .THE SAME SHALL BE DULY HONORED ON DUE PRESENTATION TO THE DRAWEE. ALL BANK CBARGES OTHER THAN THOSE OF U.S. BANK OF IDAHO, IF ANY, ARE FOR THB BENEFICIARY. U. S. BANK OF IDAHO IS A MEMBER OF THE FEDERAL RESERVE SYSTEM G~n~~a.~ AUTHORIZED SIGNATURE ** THIS PAGE 2 FORMS AN INTEGRAL PART OF CREDIT S000344 ** 16-7349-1 194 ~~ ~ ~ ~ November 6, 1995 ~t'~CEI~'~~ NOV 0 7 1995 Meridian Mayor and Councilmen Meridian City Hall 33 E Idaho Ave Meridian ID 83642 Re: Meridian Seventh-day Adventist Church C1TY ®F ~~~i~j~ The action by the council to continue the Conditional Use Permit for the construction of the church was greatly appreciated. The process of raising funds for the construction cost has been long and sometimes discouraging to the members. The reality of their own church in which to worship in the near future is a dream coming true. When the Pastor contacted the city for a building permit and was faced with the possibility of not being able to use the site for a church they were concerned but willing to follow the process necessary for approval. The membership is thankful for the continuance, and plans to begin construction later this fall or early spring. I would like to thank you, Mayor, and the council members, for the support given to the church members. We trust the church's presence will contribute to the community in support of moral and ethical values. Cordially yours, ~~ Vice resident for Finance GWD/Pg .~~,. ,o 7777 Fairview Avenue • P.O. Box 4878 • Boise, Idaho 83711-4878 • (208) 375-7524 • Fax (208) 375-7526