HomeMy WebLinkAboutK.D. Roofing CUP~;~ :?
4._
HUB OF"TREASURE VALLEY
Mayor
ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT
Co m it M m rc
CITY OF MERIDIAN
CHARLES ROUNTREE
33 EAST IDAHO PUBLIC WORKS
BUILDING DEPARTMENT
GLENN BENTLEY MERIDIAN, IDAHO 83642 ~~'~~) ~~~-" 11
RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING
KEITH BIRD DEPARTMENT
('_'O8) 884-5533
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 and Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: June 10, 1999
TRANSMITTAL DATE: May 11, 1999 HEARING DATE: June 17. 1999
FILE NUMBER: CUP-99-016
REQUEST: CONDITIONAL USE PERMIT FOR CHURCH PARKING RECREATIONAL
USES AND CONTRACTOR'S BUSINESS
BY: TREASURE~VAL`LEY~BAPTIST`CHURCH %~K: D:`ROOFING
LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD. SOUTH OF
I-84 & EAST OF TEARE AVE
_ TAMMY DE WEERD P/Z
MALCOLM MACCOY, P/Z
THOMAS BARBEIRO, P/Z
BYRON SMITH, P/Z
KEITH BORUP, P/Z
ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHARLIE ROUNTREE, C/C
_KEITH BIRD, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
_POLICE DEPARTMENT
CITY ATTORNEY
~=~~~CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN .IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL)
IDAHO TRANSPORTATION DEPARTMENT
ADA COUNTY (ANNEXATION)
YOUR CONCISE REMARKS:
SEP 12''00 14 54 FR CITY OF MERIDIAN 208 884 4259 TO P-AND-Z P.04i06
E~IIBIT 11
X.egal Description O;f Property for Limited Office (L-O~
A parcel of land being described as part of Lot 4, Bloclt 1, of
the 'x'imothy Subdivision, as shown on the official plat o£
recozd in ]3ook 31 of Plats at page 1923 in the office of the
1Zecorder`of .A,da County' in Boise, Xdaho, and. being situated
. in the SE 1/4 of Section 18, T. 3N., R. lE., Boise Meridian
and being more particularly described as follows:
Commencing at the Southeast corer of said Section. 18 fzozn
which the South 1/4 corner bears South 89°43'11" West,
2,649.02 feet;
thence Souith 89°43'11" West, 1,336.64 feet along 'the section
line and center line of Orrerland 12oad to a point;
thence Noztlt 00°28'SI" East, 201.00 Feet to the POINT~OF
13EGINNZNG;
thence South 89°43'11" West, 300.24 feet to a point;
thence North 00°26'49" fast, 498.,80 feet to a point;
thence North 89°40'58" East, 300.54 feet to a point;
thence South 00°28'51" West, 499.00 feet to the 1'O1NT OF
BEGINNING.
Said parcel contains 3.44 acres, more or less.
DEVLLUPMENT AGREEMENT - 14
v ti
i -
SEP 12 '00 1454 FR CITY OF MERIDIAN 208 884 4259 TO P-AND-Z P.05i06
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yM~ •• ~~. yK~
e. 1/~AJ~T A
' Legal Description Of Property for General Retail
and Service Commercial (C-G~
~~
A parcel of land being described as part of Lot 4., flock 1, of
the Timothy Subdivision, as shown on the official plat of
record in Boolc 31 of Plats at page 1923 ixx the office of the
1~ecorder of Ada County in Boise, Idaho, and being situated
in the SE1/4 of Section 18, T.3N., R.IE., Boise Meridian and
. being more particularay described as follows:
Commencing at the Southeast corner of said Section 1$ from
which the South 1/~# corner bears South 89°43'11" West,
2,649.02 feet;
thence South 89°43'11" West, X,336.64 feet along the section
line and center line of Overland Road to the POINT OF
BEGINNING;
thence North 00°28'51" East, 201.00 feet to a point;
thence South 89°43'11" West, 300.24 feel' to a point;
thence South 00°26'49" West, 201.00 feet to a point;,
thence North 89°43'13" East, 300.13 feet to the POINT OF
BEGINNING.
Said parcel contains 1.39 acres, more or less.
e
DEVELQPMfN'1' AGREEMENT - 15
OLVELOPM'F,,~!'L' AGREEMENT - 16
.~,.~ TI'STl11 nnrr ram .~,.~,
m SEP 12 '00 14 54 FR CITY OF MERIDIAN 208 884 4259 TO P-AND-Z a 'P.06i06
4
EXH~BYT .B
~indin s of Fact and Conclusions of T.aw Conditions of .A, ro~ral
er
4
UL"VELOPM'F„„~!'(' AGREEMENT • 16
.~,.~, Tnrni nnrr n~ .~,.~,
HUBBLE~GINEERING IN/~.
\• % ,/ O ~ C
701 S. Allen St., Suite 102 . Meridian, ID 83642
~9S• Sv~
•~RANSMITTAL LETTER FOR:
DELIVERIES _ PICK UPS DATE
--~ I i
Attn: ~ ~ Ef ~'W ~~i~)S ~~~ ~
~-
208/322-8992 . Fax 208/378-0329
~~ -03_00
Job No: .~ " Q7.S ~..
Project: (~ ;~ t~~~-I'~
WE ARE SENDING YOU:
As Requested -
Attached WE ARE PICKING UP- (*See remarks)
-Under Separate Cover,
Via
Use -
Information _ Record -Bidding - Cost Estimating
Review and Comment -Approval -
THE FOLLOWING:
- Print(s) _
~~ Specifications -
Plans
Shop Drawing(s)
_ Sample(s) _ Copy of Letter
_ Disk(s) (*See Disclaimer)
Copies Date Sheet No. Description
~ ~~ `T~ c> F ~z uT. S~fI PLA~N,f
REMARKS:
Copy To: - With Encl. By: ~ / ' ~~ ~~ ~ r
- With Encl. Signed:
DISK DISCLAIMER:(PLEASE READ AND SIGN). ALL USERS OF THIS ELECTRONIC DATA SHALL B RE OF THE PRECISION, OR LACK OF PRECISION,
THEREIN. WE ARE FORWARDING THIS ELECTRONIC DATA FOR YOUR CONVENIENCE ONL ,NOT AS AN ACCURATE REPRESENTATION OF THE
PROPOSED PROJECT. RUBBLE ENGINEERING, INC. IS NOT RESPONSIBLE FOR ANY DAMAGES INCURRED DUE TO RELIANCE OF THIS DATA.
~• 'r';
~~~FOR RUBBLE USE ONLY:
TOTAL TOTAL TIME RECEIVED BY:
TIME: TIME: DELIVERED:
`~' ~ ~ ? CLIENT COPY
~r
~ ~-"' ,.-~~`5-2Q~~~ 14 : ~F HU E EP•Ir I PdEEP. I NG . c J~ 37S ~~3~y F. • ~~r~:'
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SEP 12 '00 14 48 FR-CITY OF MERIDIAN -'208 884 4259 TO P-AND-Z P. 01/10
~~
~-~ ~'~'Cp ST t~F
~~ /' - A~JA C4UNYY R~GOROER ~~~~~ VtT~
( ~ J, aAv~a ttAVARRO
I7EVELOPIVIE~NT A,GREEMENTE 6~OEPUTY
1999 SP-9 P~1 130 ~ ~99~9U2.3
PAR';('liES: 1. ~ City of Meridian
2. Treasure Valley Baptist Church, Inc._ an Idaho
Corporation
"CHIS DEVELOPMENT AGRE MENT (this "Agreement"), is
made and ezttered into this~_ day of ~_, 1999, by and
between CITY OF MERIDIAN, a municipal corporation of'the State of Idaho,
hereafter called "CITY", and Treasure Valley Baptist Church, Inc., an Idaho
corporation, hereinafter called "DEVELOPI/R", whose address is 1300 South
Teare, Meridian, Idaho 83642.
1. It.ECITALS:
1.1. WHEREAS, "Developer" is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State
of Idaho, described in Exhibit A, which i.s attached hereto
and by this reference incorporated herein as if set forth in
full, herein afrer referred to as the "Property"; and
.1..2 WHEREAS, I.C. §67-651 lA, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-zoning that the owner or "Developer" make a written
commitment concerning the use or development of the
subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutozy authority by
the enactment of Ordinance 11-2-416L and 11-2-417D,
r-vhich authorizes development agreements upon the
annexation and/or re-zoning of land; and
1.4 WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property"s described in
,. Exhibit A, and has requested a designation of (L-O)
Limited Office District for the 3.441 acres and (C-G)
General Retail and Service Commercial District for the
1.102 acres, Municipal Code of the City of Meridian); and
1.5 ~ W)rIEREAS, "Developer" made representations at the
public hearings both before the Meridian Planning ~
Zoning Commission and before the Meridian City Council,
DEVELOPMENT AGREEMENT - i
~:
SEP 12 ' 00 14 ~ 48 FR CITY OF MERIDIAN 208 884 4259 TO P-AND-Z P . 02i 10
as to how the subject "Property" will be developed and
what improvements will be made; and
1.6 WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held Uefore the Planning & Zoning
Corrtmission, and subsequently before the City Council,
include responses of government subdivisions providing
services within. the City ~F Meridian planning jurisdiction,
and received further testimony and coinrnent; and
1.7 WHEREAS, City Council, the ~ day off . , 1999,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the,
"Findings"); and
1.8 WHEREAS, the "Findings" require the "Developer" enter
into a development agreement before the City Council,
takes final action on annexation and zoning designation;
and
1.9 "DE'VE)LOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that
this AgreeInertt was entered into voluntarily and at its
urging and requests; and
1..10 WFIEREA,S, "City" requires the "Developer" to enter. into -
' a development agreement for the purpose of ensuring that
J the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions
of this development agreement, herein being established as
a result of evidence received by the "City" in the
proceedings for annexation and zoning designation from
government subdivisions providing services within the
planning jurisdiction and from affected property owners
and to ensure annexation and zoning designation is in
accordance with the Comprehensive Plan of the City of
IT Meridian adopted December 21, 1993, Ordinance #629,
January ~, 1994, and the Zoning and Development
DFVF,LOPMLNT AGRE1rMENT - 2
SEP 12 '00 1449 FR CITY OF MERIDIAN 208 884 4259 TO P-AND-Z P.03i10
` Ordinance codified in Title 11, Muxlicipal Code of the CGity
of Meridian.
NO'W, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2; INCORI'ORA.TION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes bf this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided For, unless the clear context of the
presentat.ion of the same requires otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address. is 33 East Idaho Avenue, Meridian, Idaho 83642.
` 3.2 "AEVELOPER": means and refers to Treasure Valley
Baptist Church, Inc., an Idaho Corporation whose address
is 1300 Teare, Meridian, Idaho 83641, the party
developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
3.3 "PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by .this reference incorporated herein as if set forth at
length.
~. US)CS P)ERIVCX'X`TED BY'.CI-ITS AGREEIVZEN'x':
4.1. The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Sections 11-2-408 13 (7) and (11) Meridian
City Code which are herein, specified as follows:
(L-O) Limited Office District: The purpose of the (L-0)
District is to permit the establishment of groupings of
professional, research, executive, administrauve,
acc.o~~ntin.g, clerical, stenographic, piihliC. servi.Ce and
DEVELOPMENT AGREENIIJNT - 3
SEP 12 '00 1449 FR CITY OF MERIDIAN 208 884 4259 TO P-AND-Z P. 04/10
'~ similar uses. Research uses shall noC. involve heavy testing
operations of any kind or product manufacturing of such a
nature to create noise, vibration or emissions of a nature
offensive to the overall purpose of this district. ;The L-0
t District is designed to act as a buffer between other more
intense non-residential uses and high density residential
uses, and is thus a transitional use. Connection to the
' Municipal Water and Sewer System of the City of
Meridian is a requirement in this district.
~.
' (C-Gl General Retail and Service Commercial• The
' purpose of the (C-G) District is to provide for commercial
uses which are customarily operated entirely of almost
entirely within a building; to provide for a review of the
impact of proposed commercial uses which are auto and
service oriented and are located in close proximity to major
highway or arterial streets; to fulfill the need of travel-
related services as well as retail sales for the transient and
permanent motoring public. All such districts shall be,
connected to the Municipal Water and Sewer systems of
the City of Meridian, and shall not constitute strip
commercial development and encourage clustering of
commercial development.
With the limitation of uses on the land for church parking
and recreational use, and with a portion used as a
contractor roofing business at the location as depicted in
the "Site Plan" prepared by Robert G. Stewart, Architect,
dated 4128/99 Plan #1~D-9910.
4.2 No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5 • >r71/VELOPMENT IN CONDITIONAL YJSE: "X7eveloper" has
submitted to "City" an application for conditional use permit, and shall be
required to obtain the "City"'s approval thereof, in accordance to the City's
7_oni.ng & Development Ordinance criteria, therein, provided, prior to, and as
a condition of, the commencement of construction of any buildings or
improvements on the "Property" t11at. require a conditional use permit.
' UEVELOYN]:T;NT AGREEM$NT - 4
SEP 12 '00 1449 FR CITY OF MERIDIAN 208°884 4259 TO P-AND-Z P.05i10
~. CONDITION'S GOVERNING DEVELOPMENx' OF
SUBJECT PROPERTY: '
. 6.1 "Developer" shall develop the "Property" in accordance
r~vith the following special conditions:
6.1.1 All tlriveways and parking areas are to be paved in
accordance with City Ordinance. Additional
landscaping will need to be provided to meet one
three-inch caliper tree per 1,500 square feet of
asphalt.
6.1.2 A landscape setback of 35 feet beycind required
,. ~ right-of-way is encouraged as Overland Road is an
entrance corridor. Laridscaping needs to be
provided along the entire frontage of the .parcel
except for the driveway location.
` ~-
6.1.3 A screened trash enclosure is to be provided.
6.1.4 Adjacent residential use needs Co be screened from
parking lot, etc.
6.1.5 All outdoor storage of equipment and material needs
to be screened from view.. If storage.area is to be
used for parking of vehicles, paving will be needed_
6. l .6 No signage has been .proposed, and none is approved
w~.r with this application. All signage will be subject to
design review. No temporary signs, hags, banners,
etc., are permitted.
6.1.7 All building and parking lot construction shall
comply with the Americans with Disabilities Act.
6.1.8 Detailed landscape plan needs to be submitted .fox
review and approval that the devclopment.be
constructed in' accordance with the "Site Plan"
prepared by Robert G. Stewart, Architect, dated
4/28/99 Plan # IUD-9910.
DEVELOPMENT AGRI;EM~N1 - 5
6.1.9 Dedicate 48-feet of right-of--way from the centerline
of Overland Road abutting the parcel by means of
SEP 12 '00 14 49 FR CITY OF MERIDIAN 208 884 4259 TO P-AND-Z P.06i10
r
recordation of a final subdivision plat or e;cecution
of a warranty deed prior to issuance of a building
penlit (or`other regtured permits), whichever occurs
first. The owner will be compensated for all right-
' of-way dedicated as an addition to existing right-oF-
way from available impact .fee revenues in this
benefit zone, iF the owner submits a letter of
application to the impact fee administrator prior to
brealang ground, in accordance with Section 15 of
.ACHD Ordinance #188.
6.1. l OThere shall be do cross easement. for the parcels to
the east and north to use the subject parcel for
access to the public streets.
6.1.11 Construct a S-foot wide detached concrete sidewalk
within 2-Feet of the new right-o£ way on Overland
Road abutting the side. Coordinate the location, •
- elevation and grade of the sidewalk with District
s Gaff.
6.1..12Constnict one 24 to~30-foot wide driveway on
Overland road located to align with Retriever Street
to the south, approximately 110-feet west of the east
property line- Pane the driveway its full required
width and at least 30-feet beyond the edge of
pavement of Overland Road and inscall pavement
tapers with 15-foot radii abutting the existing
roadway edge.
6.1.13Locate any proposed gated entry a minimum of 50-
feet from a public road. Coordinate the location of
any proposed gated entry with District, staff.
(_ 1.14~Utility street cuts in the new pavement are not
allowed unless approved in writing by the District. ,
6.1.15 District policy requires restrictions on the width,
number and locations of driveways, and shall be
placed on future development of this parcel.
DEVLLOPMEIVT AGREEMENT - 6
SEP 12 '00 14 50 FR CITY OF MERIDIAN 208 8844259 TO P-AND-Z P.07i10
6.1.16Direct lot'or parcel access t'o Overland Road is
prohibited other than the access point that~has been
speciFically, a~~proved with the application. '
6.1.17Curb cut needs to be approved by ACRD.
6.1.18The proposed L-O parcel should grant an easement
for the sewer service line to the proposed C-G
parcel. 'The C-G parcel should grant across-access u
easement to, the I--O parcel.
6.1.19_ Applicant shall provide a lettez of approval from
Sanitary Service Company for the location and
construction of the trash enclosure prior to applying
for building permits.
P
6.1.20A11 building and ~parlcing lot construction shall
comply with the Americans with Disabilities Act.
7. COIVII'LIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Developer" or
"Developer"'s heirs, successors, assigns, to comply with Section 6 entitled
"Cozlditions Governing Development of subject "Property" of this agreement
within two (2) years of the date this Agreement is effective, and after the
"City" has complied with the notice and hearing procedures as outlined in I.C.
§ 67-65p9, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AlVl7 REVERSAL OF
a ZONING DESIGNATION:
"Developer" consents upon default to the de-anne~cation and/or a
reversal of the toning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-~vvit:
8.1 That the "City" provide written notice of any failure to
comply with this Agreement to "Developer" and if the
"Developer" fails to cure such failure within six (6) months
of such notice.
9. INSPECTION: "Developer" shall, immediately upon completion
of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City
DEvFLOPML:NT AGREEMENT - 7
SEP 12 '00 14~50.FR CITY OF MERIDIAN 208 884 4259 TO P-AND-Z P.08i10
r
Engineer and request the City Engineer's inspections and written approval of
Such completed iinprovemezlts or portioin thereof in accordance with the terms
and condiuons' of this Development Agreement and all other ordinances of
the "C;it~y" that apply to said Development.
1 U. DEFAULT:
10.1 In the event "Developer", "Developer"'s heirs, successors,
assigns, or subsequent owners of the "Property" or any
oilier person acquiring an intcres~t in the "Property", fail to
faithfully comply with all. of the''terms and conditions
'included in this Agreement in connection with the
"Property", this Agreement may be modified or terminated
by the "City" upon compliance with the requirements of
the Zoning Ordinance.
10.2 . A waiver by "City" of any default by "Developer" of any
one or more of the covenants ox conditions hereof shall
apply solely to the breach and breaches waived and shall
not bar any other rights or remedies of "City" or apply to
. any subsequent breach of any such ar other covenants and
. conditions.
1 I . ~ REQUIREMENT FOR RECORDATION: "City" shall record
either a ctlemorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Developer"'s cost, and submit proof of such recording to.
"Developer';, prior to the third reading of the Meridian Zoning Ordinance in
conncct.ion with the annexation and zoning of the "Property" by the City
Council.. 1F.for any reason after such recordation, the City Council fails to
adopt the ordinance in connection with the annexation and zoning of the
q ~ ; "Property" contemplated hereby, the "City" shall execute and record an
appropriate i.nstntment of release 4f this Agreement.
y 12. ZOIVXIV'G: "City" shall, following recordation of the duly
approved 1lgreemett, enact a valid and binding. ordinance zoning the
' "Property" as specified herein.
13. REML-'D,T.:1/S: This Ab~reement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer", oz Icy any successor
or successors in title or by the assigns of the parties hereto. Enforcement may
be sought by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein. '~
DEVELOPMENT AGRELMI:NT - 8
SEP 12 '00 14 50 FR CITY OF MERIDIAN 208 884 4259 TO P-AND-Z P.09i10
13.1 In the event of a material breach of this Agreei7~en.t, the
parties agree that "City" and "Developer" shall have thirty
(3()) days after delivery of notice of said breach to correct
the same prior to the non-breaching party's scelcing of any
remedy provided.for herein; provided, however, that in the
case of any such default which cannot with diligence be
cured within such thirty (30) day period, if the defaulting
parry shall comzxlence to cure the same within. such thirty
(30) day period and thereafter shall prosecute the curing of
same with diligence and continuity,,th~n the time allowed
to cure such failure may be extended for such period as
may be necessazy to complete the curing of the same with
diligence and continuity.
13.2 In the event the performance of any covenant to be
performed hereunder by either "Developer" or "City" is
delayed for causes which are beyond the reasonable control
of the party responsible for such performance, which shall
include, without limitation, acts of civil disobedience,
sfrilces or similar causes, the time for such performance
shall be~extended~by the amount of time of such delay.
14, SURETY OF PERFORMANCE: The ."City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under 11-9-606 C of the Meridian City Code, do
insure that installation of the improvements, which the "Developer" agrees to
provide, if'required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Developer" agrees
that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "City" and "Developer" have entered-into an addendum
agreement stating when the improvements will be completed in a phased
developed; and in any event, no Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed; cozxtpleted, and
accepted by the "City".
1 C . A13IlllE SY ALL CITY ORDINANCES: That "Developer"
agrees to abide by all ordinances of the City of Meridian and the "Property'`
shall be subject to dc-annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the pindings of pact azld
Conclusions of Law, this Development Agreement, and the Ordinances of the
City of Meridian.
DEVELOPMENT ACr~!?L'NI~NT - 9
SEP 12 '00 14 51 FR CITY OF MERIDIAN 208 884 4259 TO P-AND-Z P.10i10
1°7. NOTICES: Any notice desired by the parties and/or xequired~ by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, post~~le prepaid, return receipt requested, addressed as follows:
CITY:
cJo City Engineer
CiCy of Meridian
33 E. Idaho Ave.y
Mcridiaz~, 1.17 $3642
DEVELOPER:
Treasure Valley Baptist Church,
an Idaho Corporation
1300 South Teare
Meridian, Idaho $3642
with copy co:
City Clerk
City o;F Meridian
33 E. Idaho Ave.
Meridian, 11.7 83642
Robert L. Aldridge
1209 N_ 8`'' Street
Boise, Idaho $3702
17.1 A party shall have the right to change its address by
delivering to the other parry a written notification thereof
in accordance with the requirements of this section.
18. AT1'O.IZNEY FEES: Should any litigation b.e conunenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or fdrfeiture of this
Agreement.
19. 'I"IME IS OF THE ESSENCE: The parries hereto aclalowledge
and agree that time is strictly of the essence with respect to each~and every
teen, condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a default
under this A.17reement by the other party so failing to perform.
2U. BINDING U'PON' SU'CCF.SSOItS: This Agreement shall be
binding upon and .inure to the benefit of the parries' respective heirs,
` "` successors, assigns and personal representatives, including "City"'s~corporate
authorities and their successors in office. "Phis Agreement shall be binding on
the owner of the ",Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing hozein shall in any way .
DE'uT'LOl'ML;NTACREEMENT - l OJ
SEP 12 " 00 14 ~ 53, FR CITY OF MERIDIAN 208 884 4259 TO P-AND-Z P . 01 i06
prevent sale or alienation of Che "Property", or portions thereof, except that
` any sale or alienation shall be subject to the provisions hereof and any
.successor owner oz owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Developer", to execute appropriate and recordable evidence of
termination of this~Agrecrnent if "City", in its sole and reasonable discretion,
had determined that ".Developer" has fully performed its obligations under this.
A.greemcnt.
21.' INVALID PROVISION; Zf any provision of this Agreement is
held nod valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect airy of the other provisions contained herein.
°~ 22. FINAL AGI2.>EEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer"
and "City" relative-to the subject matter hereof, and there are no promises,
ab*reem.ents, conditions or understanding, either oral or written, express or
implied, between "Developer" and "City", other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, ~'
' change or addition to this .Agreement shall be binding upon the parties, hereto
unless reduced. to writing and,signed by them or their successors in interest or
~t.heir assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
22.1
No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or arztended without the
approval of the City Council after the ""City".has
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
r the Meridian Zoning Ordinance in connecrtion with the annexation and zoning
of the "Property" and execution of the Mayor and City Clerlc.
DEVELOPML'-N!' AGRFE1v1ENT - 11
SEP 12 '00 1453 FR CITY OF MERIDIAN 208 884 4259 TO P-AND-Z P.02i06
ACIQVOWZ.EI7GMEN'z'S
IN WITNESS WHEREOF, tt~e parties have herein executed this
a,F;reement and Made it eFfective as hereinabove provided..
TREASUR;~ VALLEY BAPTIST
CHURCH an Idaho Corporation
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PRESIDENT
Attest:-....._...___..: ------.._...._.^..~
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120BERT L. ALDRIDGE, SECRETARY .
BY RI/SO.LUTION NO.
CITY Op NIpRIDIAN
Attest;
,G~~~~
CITY CLERIC
BY RESOLUTION 1V 0. 2~
BY:
/~ ,.~ ,
ROBERT I7. CORRIE
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ms,q/7.,:\WarkWl\Mcridian C5360M\Trc~su~c Valley Baptise. AL1DcvclopAgr
DEVELOPMENT AGREEMENT - 12
z
SEP 12 '00 1453 FR CITY OF MERIDIAN 208 884 4259 TO P-AND-Z P.03i06
S'TAT~ OF II~AT-IO )
as
COUNTY Ok ADA
On is ay of ~~ 1~ , in the year 1999, before
ztte, ':.~-~ a Notary Public, crsonall
P Y
appeared Richard emichele and .(Zobert L. Aldridge, known or identified to me
to be the President and Secretary of "treasure Valley Baptist Church', Inc., an
Idaho Corporation, and who executed the instrument az>.d acknowledge to nle that
they executed the same on behalf of said corporation.
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Commission expires: Q~~~~a~0.3
STATE Op' IDAHO
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County of Ada
On 'this~_ day of , in the year ~,
before me, a Notary Public, personally appeared Robert D. Cowie anal 'William
G. Berg, know or identified to me~to~~be the Mayor and Clerlc, respectirrely, of the
C,'ity of .Meridian, who executed the instrument oz the person that e,~cecuted the
instrur><1ez1<t of behalf of said City, and acknowledged to me that such City
`executed the same.
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DEVET,OPMENT AGREEMENT - 13
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RUBBLE ENGINEERING, INC.
9550 W. Bethel Court • Boise, Idaho 83709-0569 (208) 322-8992 Fax (208) 378-0329
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SURE
TRANSMITTAL LETTER FOR:
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Job No: ~~ ~ y
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WE ARE SENDING YOU: WE ARE PICKING UP(*See remarks)
- As Requested ~ Attached -Under Seperate Cover,
Via
Use - Record Bidding -Cost Estimating
Information "Review and Comment ~ Approval -
THE FOLLOWING:
-Print(s)
-Specifications
C pies Date
-/~/~ Plan(s) ~ Sample(s) ~ Copy of Letter
- Shop Drawing(s) -Disk(s) (*See Disclaimer below)
Sheet No. Description
•Q 5 47'l S 1~lAG % GYM LJ 7'7 ~
REMARKS:
Copy To: _ With Encl. By:~G~ ~ v ,
With Encl. J + ~,(~y77 ~ v
- Signed:,~~~~~/~
DISK DISCLAIMER:(PLEASE READ AND SIGN). ALL USERS OF THIS ELECTRONIC DATA SHALL BE AWARE OF THE PRECISION, OR LACK OF PRECISION,
PROPOSED PRO ECT.OHUBBLEDIENG NEIERINGCINCOIS NOT RESPONSIBLEF OR ANY DIAMAGEOSNNCURRED DUE TO RELIANCE OF TH S DATATION OF THE
FOR RUBBLE USE ONLY:
TOTAL TOTAL TIME RECEIVED BY:
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BUILDING FOR K.D. ROOFING ROIIERT G. STEWART
ARCHITECT
PH. 887.' 1775 5139 OVERL.4`ID Rn., BOISE, IDAllO, PI[. n 3~3-7300,.
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200 E. Carlton
Suite 201 ~ ~ ~ ~
Meridian, ID 83642
Ph: (208) 884-5533 ~ ~ ~ ~
Fx: (208) 887-1297
Fa~c
To: Brent Claibom, Hubble Eng. From: Brad Hawkins-Clark
Fax: 378-0329 Pages: 2
Phone: 322-8992 ate: 06/28/00
Re: KD Roofing -Plans Review CCa
^ Urgent ^ For Review Please Comment ^ Please Reply ^ Please Recycle
~ Brent,
~~._.~-
I've reviewed the plan submittal for KD Roofing on Overland Road for a Certificate of Zoning
Compliance (CZC). The plans were given to me by our Public Works/Building Department last week. A
CZC is required prior to submitting for building and civil review. For the P&Z Department to approve
and issue a CZC, please submit and/or reply to the following items:
1. Please submit three (3) copies of a detailed landscape plan. This was a condition of approval when
this site was issued a CUP last September. A draft landscape plan was submitted by Robert
Stewart, Architect, with the original application, but we need a final, detailed plan that demonstrates
compliance with the conceptual landscape plan, showing species, location and size of trees,
groundcovers, sod, etc.
2. City ordinance requires 1 tree per 1,500 s.f. of asphalt on the site. Please provide a total asphalt
paving calculation and a total tree count to demonstrate compliance with this required ratio. (This
was also provided on Stewart's 4/28/99 Site Plan, Sheet 1.)
3. Please submit an ACRD approval letter or ACRD-stamped copy of the Site Plan approving the
location of the driveway curb cuts, right-of-way dedication and sidewalk locations. Contact the
ACHD Planning & Development Department at 387-6170 to obtain this letter. (Note: we are not
requiring ACHD's full-blown Plans Acceptance letter, only a Plans Review letter that approves the
items noted above.)
~~ 4. An exterior trash enclosure/receptacle is required on the site. A condition of the CUP was to
provide a letter of acceptance or stamped site plan from Sanitary Services Company approving the
location, construction and size of the trash enclosure. Stewart's 4/28/99 Site Plan proposed a trash
_ ~ ~' dumpster in the NE corner of the fenced contractor's yard area, but it will need to be located on a
-~Cptr`- ~~ pad accessible by pavement. Please revise Sheet C-2, Site Dimension & Water Plan, to reflect this
addition.
~~ ~~
June 28, 2000
5. Please provide details on the type of~fencing to be provided along the western property-line.
Upon submittal of these items, we should be able to generate the CZC within 3 days so you can submit
for building permits at the Building Department.
Please call if you have any questions.
• Page 2
~;4. J
MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21.1999
APPLICANT: TREASURE VALLEY BAPTIST CHURCH . AGENDA ITEM NUMBER: 2
REQUEST: CONDITIONAL USE PERMIT FOR TREASURE VALLEY BAPTIST CHURCH 8~ KD ROOFING
AGENCY COMMENTS
CITY CLERK: '
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER 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:
SEE ATTACHED FINDINGS
BUREAU OF RECLAMATION:
`` OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
APPLICATION OF TREASURE
VALLEY BAPTIST CHURCH,
INC., -FOR A CONDITIONAL
USE PERMIT FOR CHURCH
PARKING, RECREATIONAL USES
AND CONTRACTOR'S BUSINESS
AT 1300 SOUTH TEARE,
MERIDIAN, IDAHO
Case No. CUP-99-016
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT SUBJECT TO
CONDITIONS
The above entitled conditional use permit application having come on for
public hearing before the City Council on July 20, 1999 and continued to August 17,
1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning
Administrator, appeared and testified at the July 20, 1999, public hearing, and appearing
and testifying at the August 17, 1999, hearingwere Brad Hawkins-Clark, Assistant Planner
for the Planning and Zoning Department, Gary Smith, Public Worlcs Director, Jay
Edmunds, and the Applicant's representative, Robert L. Aldridge, and no one having
testified in opposition
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / IC D. ROOFING - I
and the City Council having received the staff report and the record made before the
Planning and Zoning Commission, and being fully advised in the premises, the Council
finds and concludes as follows:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was
published for two (2) consecutive weeks prior to the said public hearing scheduled for
July 20, 1999, and continued to August 17, 1999, before the City Council, the first
publication appearing and written notice having been mailed to property owners or
purchasers of record within three hundred (300') feet of the external boundaries of the
property under consideration more than fifteen (15) days prior to said hearing and with
the notice of public hearing having been posted upon the property under consideration
more than one week before said hearing and the copies of all notices were made
available to newspaper, radio and television stations as public service announcements;
and the matter having been duly considered by the City Council at the said public
hearing on July 20, 1999 and continued to August 17, 1999; and the Applicant,
affected property owners, and government subdivisions providing services within the
planning jurisdiction of the City of Meridian, having been given full opportunity to
express comments and submit evidence.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / I<. D. ROOFING - 2
2. There has been compliance with all notice and hearing
requirements set forth in Idaho Code §§67-6509 and 67-6512; and §§11-2-416E and
11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication
and Proof of Posting filed with the staff report..
3. Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Title 11 Municipal Code of the City of Meridian
and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps
and the Ordinance establishing the Impact Area Boundary Ordinance and Map.
4. The property is located at 1300 South Teare, Meridian, Idaho.
5. The owner of record of the subject property is Treasure Valley
Baptist Church,,Inc., an Idaho Corporation, Meridian, Idaho.
6. Applicant is Treasure Valley Baptist Church, Inc., an Idaho
Corporation of Meridian, Idaho.
7. The present land use of the subject property is vacant, grass
covered, land and limited use for recreational purposes by the church.
8. The proposed land use of the subject property is for church parking
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / I<. D. ROOFING - 3
and:.recreational use, and a portion is to be°used as a contractor roofing business at the
location as depicted in the "Site Plan" prepared by Robert G. Stewart, Architect, dated
4/28/99 Plan #I~D-9910.
9. The present zoning district of the subject property is (C-G)
General Retail and Service Commercial for the 1.102 acres and (L-O) Limited Office
for the 3.441 acres as defined in § § 11-2-408 (B) (11) (7) of the Zoning and
Development Ordinance of the City of Meridian.
10. The requested conditional use permit is desirable because the size
of existing church property within the City is becoming inadequate and additional
room for expansion is needed. The general commercial frontage property is consistent
with neighboring commercial properties and industrial uses °currently exist. Traffic on
Overland Road is such that this is a very desirable location for a local business and
industrial uses currently exist. The proposed use for this property is consistent with
existing uses in the area and industrial uses currently exist. From Meridian Road east
along the north side of Overland Road to beyond this property, several commercial and
industrial uses currently exist.
11. A list of the mailing addresses~of all property owners who own
property located within three hundred (300') feet of the external boundaries of the land
being considered and all property owners included within the property being
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT'SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / IC. D. ROOFING - 4
considered as evidenced. from the official tax records of Ada County was supplied by
the Applicant.
12. That the proposed conditional use will be harmonious, compatible
and in accordance with the Comprehensive Plan. Df particular relevance are the
Economic Development and Land Use sections of the Comprehensive Plan. In the
Economic Development section the forecasted needs are that additional land for
employment related uses is needed. The Generalized Land Use.Map of 1993
designates this area for Mixed/Planned Use Development. This requested use fits very
well the definition for Mixed/Planned Uses and the Economic Development Goal
Statement. The Land Use section of the Comprehensive Plan contains an objective to
encourage Mixed/Planned Uses along the I-84 corridor, which are attractive and
compatible with high-volume traffic corridors. The roofing business along Overland
Road would meet this objective. The business would be landscaped and fenced in
appropriate areas to maintain ahigh-quality visual appearance.
13. The Applicant paid the fee established by the City Council for the
application herein submitted.
14. The land subject to the application is intended to be developed in
accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated
4/28/99 Plan #I~D-9910.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / I<. D. ROOFING - 5
15. The proposed development and use is allowed in the (C-G)
General Retail and Service Commercial zone and the (L-O) Limited Office zone as a
conditional use with no additional permit requirements.
16. The following are development and conditional use considerations
which must be taken into account in order to assure that the proposed conditional use
and development is in compliance with the standards of § 11-2-418C of the Municipal
Code of the City of Meridian:
16.1 The proposed use will in fact constitute a conditional use as
prescribed in the zoning ordinance because of the church use in the
L-O zone and construction business in the C-G zone.
16.2 To insure that the development and proposed use will be designed,
constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing and intended character
of the general vicinity and will not involve uses, activities,
processes, materials, equipment and conditions of operation that
will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors:
16.2.1 All driveways and parking areas are to be paved in
accordance with City Ordinance. Additional landscaping
will need to be provided to meet one three-inch caliper tree
per 1,500 square feet of asphalt.
16.2.2 A landscape setback of 35 feet beyond required right-of--way
is encouraged as Overland Road is an entrance corridor.
Landscaping needs to be provided along the entire frontage
of the parcel except for the_driveway location.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / I<. D. ROOFING - 6~
16.2.3 A screened trash enclosure is to be provided.
16.2.4Acijacent residential use needs to be screened from parking
lot, etc.
16.2.5 All outdoor storage of equipment and material needs to be
screened from view. If storage area is to be used for parking
of vehicles, paving will be needed.
16.2.6No signage has been proposed, and none is approved with
this application. All signage will be subject to design review.
No temporary signs, flags, banners, etc., are permitted.
16.2.7A11 building and parking lot construction shall comply with
the Americans with Disabilities Act.
16.2.8 Detailed landscape plan needs to be submitted for review
and approval that the development be constructed in
accordance with the "Site Plan" prepared by Robert G.
Stewart, Architect, dated 4/28/99 Plan # IUD-9910.
17. Iri order to assure that the affected and subject area will be served
adequately by essential public facilities and services, Staff has received the following
comments from the political subdivisions providing services within the City of
Meridian planning jurisdiction:
17.1 Ada County Highway District (ACHD) "Site Specific
Requirements" set forth in that certain report submitted by Larry
Sale, Planning and Development Supervisor, dated June 3, 1999,
RE: Staff Level Approval MCUP99-016/AZ-99-007as follows:
17.1.1 Dedicate 48-feet of right-of--way from the centerline of
Overland Road abutting the. parcel by means of recordation
of a final subdivision plat or execution of a warranty deed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE. VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 7
prior to issuance of a building permit (or other required
permits), whichever occurs first. The owner will be
compensated for all right-of-way dedicated as an addition to
existing right-of-way from available impact fee revenues in
this benefit zone, if the owner submits a letter of application
to the impact fee administrator prior to breaking ground, in
accordance with Section 15 of ACRD Ordinance #188.
17.1.2 There shall be no cross easement for the parcels to the east
and north to use the subject parcel for access to the public
streets.
17.1.3 Construct a 5-foot wide detached concrete sidewalk within
2-feet of the new right-of--way on Overland Road abutting
the side. Coordinate the location, elevation and grade of the
sidewalk with District staff. ,
17.1.4 Construct one 24 to 30-foot wide driveway on Overland
Road located to align with Retriever Street to the south,
approximately 110-feet west of the east property line. Pave
the driveway its full required. width and at least 30-feet
beyond the edge of pavement of Overland Road and install
pavement tapers with 15-foot radii abutting- the existing
roadway edge.
17.1.5 Locate any proposed gated entry a minimum of 50-feet from
a public road. Coordinate the location of any proposed
gated entry with District staff.
17.1.6 Utility street cuts in the new pavement are not allowed
unless approved in writing by the District.
17.1.7 District policy requires restrictions on the width, number
and locations of driveways, and shall be placed on future
development of this parcel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / IC D. ROOFING - 8
17.1.8 Direct lot or parcel access to Overland Road is prohibited
other than the access point-that has been specifically
approved with the application.
17.2 The City of Meridian Planning and Zoning Department and Public
Works comments dated June 17, 1999, as follows:
17.2.1 Curb cut needs to be approved by ACHD.
17.2.2 The proposed L-O parcel should grant an easement for the
sewer service line to the proposed C-G parcel. The C-G
parcel should grant across-access easement to the L-O
parcel.
17.2.3 Applicant shall provide a letter of approval from Sanitary
Service Company for the location and construction of the
trash enclosure prior to applying for building permits.
17.2.4A11 building and parking lot construction shall comply with
the Americans with Disabilities Act.
18. Given the considerations of the comments from the above
referenced governmental subdivisions providing services the considerations of
additional public cost for public facilities and services required' by the proposed
development will not impose such expense upon the public if the developer pays for the
requested improvements and complies with the comment requests and the economic
welfare of the City and its residence and tax and rate payers will be protected.
19. The natural or scenic feature(s) of major importance affected by
this application are: none.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING. - 9
CONCLUSIONS OF LAW
1. Idaho Code § 67-6512 provides in part that:
(A) As part of a zoning ordinance the City Council may provide for the
processing of applications for special or conditional-use permits;
and
(B) That a special use permit may be granted to an applicant if the
proposed use is otherwise prohibited by the terms of the zoning
ordinance, but may be allowed with conditions under specific
provisions of the zoning ordinance, subject to the ability of
political subdivisions, including school districts, to provide services
for the proposed use, and when it is not in conflict with the plan;
and
(C) That upon the granting of a special use permit, conditions may be
attached to a special use permit, including, but not limited to,
those:
1) Minimizing adverse impact on other development;
2) Controlling the sequence and timing of development;
3) Controlling the duration of development;
4) Assuring that development is maintained properly;
5) Designating the exact location and nature of development;
requiring the provision for on-site or off--site public facilities
or services; requiring more restrictive standards than those
generally required in an ordinance; requiring mitigation of
effects of the proposed development upon service delivery
by any political subdivision, including school districts,
providing services within the planning jurisdiction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / IC. D. ROOFING - 10
2. The, City of Meridian has exercised its authority to provide for the
processing of applications for Conditional Use Permits by the enactment of § 11-2-418
Municipal Code.
3. Idaho Code § 67-6504 provides that the City Council may exercise all of
the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is
lcno~vn as the "Local Land Use Planning Act of 1975."
4. Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Title 11 Municipal Code of the City of Meridian
and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps
and the Ordinance establishing the Impact Area Boundary Ordinance and Map.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby
ORDER and this does Order that:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / IC D. ROOFING - 11
1. The applicant, Treasure Valley Baptist Church, Inc., is granted a
conditional use permit for 4.5 acres located at 1300 South Teare Avenue, Meridian,
Idaho, and subject to the following terms and conditions:
1.1 The proposed land use of the subject property is for church parking and
recreational use, and a portion is to be used as a contractor roofing business
at the location as depicted in the "Site Plan" prepared by Robert G.
Stewart, Architect, dated 4/28/99 Plan #I~D-9910.
1.2 The conditions of the conditional use permit are as follows:
1.2.1 All driveways and parking areas are to be paved in accordance
with City Ordinance. Additional landscaping will need to be
provided to meet one three-inch caliper tree per 1,500 square
feet of asphalt.
1.2.2 A landscape setback of 35 feet beyond required right-of--way is
encouraged as Overland Road is an entrance corridor.
Landscaping needs to be provided along the entire frontage of
the parcel except for the driveway location.
1.2.3 A screened trash enclosure is to be provided.
1.2.4 Adjacent residential use needs to be screened from parking
lot, etc.
1.2.5 All outdoor storage `of equipment and material needs to be
screened from view. If storage area is to be used for parking
of vehicles, paving will be needed.
1.2.6 No signage has been proposed, and none is approved with this
application. All signage will be subject to design review. No
temporary signs, flags, banners, etc., are permitted.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / IC. D. ROOFING - 12
1.2.7 All building and parking lot construction shall comply with
the Americans with Disabilities Act.
1.2.8 Detailed landscape plan needs to be submitted for review and
approval that the development be constructed in accordance
with the "Site Plan" prepared by Robert G. Stewart,
Architect, dated 4/28/99 Plan # IUD-9910.
1.2.9 Dedicate 48-feet of right-of--way from the centerline of
Overland Road abutting the parcel by means of recordation of
a final subdivision plat or execution of a warranty deed prior
to issuance of a building permit (or other required permits),
whichever occurs first. The owner will be compensated for all
right-of-~vay dedicated as an addition to existing right-of-way
from available impact fee revenues in this benefit zone, if the
owner submits a letter of application to the impact fee
administrator prior to breaking ground, in accordance with
Section 15 of ACHD Ordinance # 188.
1.2.10 There shall be no cross easement for the parcels to the east
and north to use the subject parcel for access to the public
streets.
1.2.11 Construct a 5-foot wide detached concrete sidewalk within 2-
feet of the new right-of--way on Overland Road abutting the
side. Coordinate the location, elevation and grade of the
sidewalk with District staff.
1.2.12 Construct one 24 to 30-foot wide driveway on Overland Road
located to align with Retriever Street to the south,
approximately 110-feet west of the east property line. Pave
the driveway its full required width and at least 30-feet
beyond the edge of pavement of Overland Road and install
pavement tapers with 15-foot radii abutting the existing
roadway edge.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / IC. D. ROOFING - 13
1.2.13 Locate any proposed gated entry a minimum of 50-feet from
a public road. Coordinate the location of any proposed gated
entry with District staff.
1.2.14 Utility street cuts in the new pavement are not allowed unless
approved in writing by the District.
1.2.15 District policy requires restrictions on the width, number and
locations of driveways, and shall be placed on future
development of this parcel.
1.2.16 Direct lot or parcel access to Overland Road is prohibited
other than the access point that has been specifically
approved with the application.
1.2.17 Curb cut needs to be approved by ACRD.
1.2.18 The proposed L-O parcel should grant an easement for the
sewer service line to the proposed C-G parcel. The C-G parcel
should- grant across-access easement to the L-O parcel.
1.2.19Applicant shall provide a letter of approval from Sanitary
Service Company for. the location and construction of the
trash enclosure prior to applying for building permits.
1.2.20A11 building and parking lot construction shall comply with
the Americans with Disabilities Act.
2. That the City Attorney draft an Order Granting Conditional Use Permit in
accordance with this Decision, which shall be signed by the Mayor and City Clerk and
then a copy served by the Cleric upon the applicant, the Planning and Zoning
Department, the Public Worlcs Department and any affected party requested notice.-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 14
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit may within twenty-eight (28) days after the date of this
decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the
day of , 1999.
ROLL CALL
COUNCILMAN ANDERSON
COUNCILMAN BENTLEY
COUNCILMAN BIRD
COUNCILMAN ROUNTREE
MAYOR ROBERT D. CORRIE (TIE BREAKER)
VOTED
VOTED
VOTED
VOTED
DATED:
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / I<. D. ROOFING - .15
MOTION: APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs
Department and the City Attorney.
By:
City Cleric
Dated:
msg/Z:\Worlc\M\Meridian 15360M\Treasure Valley Baptist AZ\CityCouncilFfClsOrd.CUP
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / IC. D. ROOFING - 16
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE ) CUP-99-016
APPLICATION OF TREASURE VALLEY )
BAPTIST CHURCH, INC., FORA ) ORDER OF CONDITIONAL
CONDITIONAL USE PERMIT ) APPROVAL OF
FOR CHURCH PARKING, RECREATIONAL ) CONDITIONAL-USE PERMIT
USES AND CONTRACTOR'S 'BUSINESS AT )
1300 SOUTH TEARE, MERIDIAN, IDAHO )
.)
This matter coming before the City Council on the day of
1999, for final action on conditional use permit application and the Council having
.received and approving the recommendation of the Planning and Zoning Commission the
Council takes the following action:
1. That the Applicant, Treasure Valley Baptist Church, Inc., owner of the property is
granted a conditional use permit for church parking and recreational use, and a portion is
to be used as a contractor's roofing business, as depicted in the "Site Plan" prepared by
Robert G. Stewart, dated 4/28/99 Plan #KD-9910, as conditionally approved by order of
the City Council on the day of , 1999, for the development of
the aforementioned projects and which property is described hereinbelow to-wit:
Limited Office ~L-O~
A parcel of land being described as part of Lot 4, Block 1, of the Timothy
Subdivision, as shown on the official plat of record in Book 31 of Plats at page
1923 in the office of the Recorder. of Ada County in Boise, Idaho, and being
situated in the SE 1/4 of Section 18, T. 3N., R. 1 E., Boise Meridian and being more
particularly described as follows:
Commencing at the Southeast corner of said Section 18 from which the South 1/4
corner bears South 89°43'11" West, 2,649.02 feet;
,~
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING
thence South 89°43'11" West, 1,336.64 feet along the section line and center line
of Overland Road to a point;
thence North 00°28'51" East, 201.00 feet to the POINT OF BEGINNING;
thence South 89°43'11" West, 300.24 feet to a point;
thence North 00°26'49" East, 498.80 feet to a point;
thence North 89°40'58" East, 300.54 feet to a point;
thence South 00°28'51." West, 499.00 feet to the POINT OF BEGINNING.
Said parcel contains 3.44 acres, more or less.
General Retail and Service Commercial (C-G~
A parcel of land being described as part of Lot 4, Block 1, of the Timothy
Subdivision, as shown on the official plat of record in Book 31 of Plats at page
1923 in the office of the Recorder of Ada County in Boise, Idaho, and being
situated in the SE1/4 of Section 18, T.3N., R.1 E., Boise Meridian and being more
particularly described as follows:
Commencing at the Southeast corner of said Section 18 from which the South 1/4
corner bears South 89°43'11" West, 2,649.02 feet;
thence South 89°43'11" West, 1,336.64 feet along the section line and center line
of Overland Road to the POINT OF BEGINNING;
thence North 00°28'51" East, 201.00 feet to a point;
thence South 89°43'11" West, 300.24 feet to a point;
thence South 00°26'49" West, 201.00 feet to a point;
thence,North 89°43'13" East, 300.13 feet to the POINT OF BEGINNING.
Said parcel contains 1.39 acres, more or less.
2. This permit is subject to the following terms and conditions:
That the above named applicant is granted a conditional use permit to use the
property for church parking and recreational use, and a portion is to be used as a
contractor's roofing business, subject to the following conditions of use and
development:
2.1 The Planning. and Zoning Commission hereby recommends the granting of
the annexation, subject fo the hereinafter conditions set forth, subject to the
following conditions precedent:
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING
2.1.1 The proposed land use of the subject property is for church parking
and recreational use, and a portion is to be used as a contractor
roofing business at the location as depicted in the "Site Plan"
prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan #KD-
9910.
2.2 The conditions of the conditional use permit are as follows:
~ 2.2.1 All driveways and parking areas are to be paved in accordance with
City Ordinance. Additional landscaping will need to be provided to
meet one three-inch caliper tree per 1,500 square feet of asphalt.
,~ 2.2.2 A landscape setback of 35 feet beyond required right-of-way.is
encouraged as Overland Road is an entrance corridor. Landscaping
needs to be provided along the entire frontage of the parcel except
for the driveway location.
"_ 2.2.3 A screened trash enclosure is to be provided.
? 2.2.4 Adjacent residential use needs to be screened from parking lot, etc.
,/ 2.2.5. All outdoor storage of equipment and material needs to be screened
from view. If storage area is to be used for parking.of vehicles,
paving will be needed.
~/ 2.2.6 No signage has been proposed, and none is approved with this
application. All signage will be subject to design review. No
temporary signs, flags, banners, etc., are permitted.
,/ 2.2.7 All building and parking lot construction shall comply with the
Americans with Disabilities Act.
e? 2.2.8 .Detailed landscape plan needs to be submitted for review and
approval that the development be constructed in accordance with the
"Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99
Plan # KD-9910.
~/ 2.2.9 Dedicate 48-feet of right-of-way from the centerline of Overland
Road abutting the parcel by means of recordation of a final
subdivision plat or execution of a warranty deed prior to issuance of
a building permit (or other required permits), whichever occurs first.
The owner will be compensated for all right-of--way dedicated as an
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING
addition to existing right-of--way from available impact fee revenues
in this benefit zone, if the owner submits a letter of application to the
impact fee administrator prior to breaking ground, in accordance with
Section ~15 of ACHD Ordinance #188.
2.2.10 There shall be no cross easement for the parcels to the east and
north to use the subject parcel for access to the public streets.
2.2.11 Construct a 5-foot wide detached concrete sidewalk within 2-feet of
the new right-of--way on Overland Road abutting the side.
Coordinate the location, elevation and grade of the sidewalk with
District staff.
2.2.12 Construct one 24 to 30-foot wide driveway on Overland Road
located to align with Retriever Street to the south, approximately
110-feet west of the east property line. Pave the driveway its full
required width and at least 30-feet beyond the edge of pavement of
Overland Road and install pavement tapers with 15-foot radii
abutting the existing roadway edge.
2.2.13 Locate any proposed gated entry a minimum of 50-feet from a public
road. Coordinate the location of any proposed gated entry with
District staff.
2.2.14 Utility street cuts in the new pavement are not allowed unless
approved in writing by the District.
2.2.15 District policy requires restrictions on the width, number and
locations of driveways, and shall be placed on future development of
this parcel.
2.2.16 Direct lot or parcel access to Overland Road is prohibited other than
the access point that has been specifically approved with the
.application.
2.2.17 Curb cut needs to be approved by ACHD.
2.2.18 The proposed L-0 parcel should- grant an easement for the sewer
service line to the proposed C-G parcel. The C-G parcel should
grant across-access easement to the L-O parcel.
ORDER OF CONDITIONAL APPROVAL 4
OF CONDITIONAL USE PERMIT
TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING
~`
2.2.19 Applicant shall provide a letter of approval from Sanitary Service
Company for the location and construction of the trash enclosure
prior to applying for building permits.
2.2.20 All building and parking lot construction shall comply with the
Americans with Disabilities Act.
3. That the City Attorney draft an Order Granting Conditional Use Permit in
accordance with this Decision, which shall.be signed by the Mayor and City Clerk and
then a copy served by the Clerk upon the applicant, the Planning and Zoning
Department, the Public Works Department and any affected party requested notice.
4. The above conditions are concluded to be reasonable and the applicant
shall meet such requirements as a condition of approval of the application for a
conditional use permit. `
5. This order shall be automatically amended for the description of said
parcel at such time as the approval and recording of the final plat of Treasure Valley
Baptist Church, Inc.
6. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of § 11-2-418 J of the Municipal Code of the City of
Meridian, a copy of which is attached to this permit.
By action of the City Council at its regular meeting held on
1999.
By:
ROBERT D. CORRIE
Mayor, City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
City Clerk
By:
Dated:
msg/Z:\Work\M\Meridian 15360M\Treasure Valley Baptist AZ\CUPOrder
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE. PERMIT
TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING
~ v~
interoffice
MEMORANDUM
To: William G. Berg, Jr. AUK 3 ~ ~99g
From: Wm. F. Gigray, III ~~ f'"''`_ ~ :,_ _..~~:~~~
Subject: TREASURE VALLEY BAPTIST CHURCH, INC. /CUP-99-016
Date: August 27, 1999
Will:
Please find attached the Findings of Fact and Conclusions of Law and
Decision and Order Granting Conditional Use Permit Subject to Conditions and the
Order of Conditional Approval of Conditional Use Permit. I have prepared the
Findings for the Council's consideration as directed at the council meeting and public
hearing on the 17t". Please note that I advise that no action be taken on these
Findings until action is completed on the annexation and zoning, and that the
annexation ordinance is published. This is to assure the real property, which is
subject to this matter is subject to the ordinances and within the boundaries of the
City of Meridian.
I have additionally attached the original of the Order of Conditional
Approval of Conditional Use Permit, if Council approves the Findings please present
to the Mayor for his signature, and then serve conformed copies upon the Applicant,
Planning and Zoning Department, Public Worlcs and the City Attorney office.
If you have any questions please advise.
msg/Z:\Worlc\M\Meridian 15360M\Treasure Valley Baptist AZ\ClerkFfClOrdandOrderCUP.ltr
MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 7.1999
APPLICANT: TREASURE VALLEY BAPTIST CHURCH:. AGENDA ITEM NUMBER: 8
REQUEST: CONDITIONAL USE PERMIT
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER: '
CITY PLANNING DIRECTOR:
CITY ATTORNEY: SEE ATTACHED FINDINGS a.
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY, BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
i
~7
~d~~ ~ ?
~~ ~~~
~ ~
~~ ~~ s
~~~ S
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
BEFORE THE P-CANNING AND ZONING COMMISSION
IN THE MATTER OF THE
APPLICATION OF TREASURE
VALLEY BAPTIST CHURCH,
INC., FOR A CONDITIONAL
USE PERMIT FOR CHURCH
PARIQNG, RECREATIONAL USES
AND CONTRACTOR'S BUSINESS
AT 1300 SOUTH TEARE,
MERIDIAN, IDAHO
Case No. CUP-99-016
FINDINGS OF FACT AND`
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT SUBJECT TO
CONDITIONS
The above entitled conditional use permit application having come on for
public hearing before the City Council on July 20, 1999. and continued to August 17,
1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning
Administrator, appeared and testified at the July 20, 1999, public hearing, "and appearing
and testifying at the August 17, 1999, hearing were Brad Hawkins-Clark, Assistant Planner
for the Planning and Zoning Department, Gary Smith, Public Works Director, Jay
Edmunds,- and the Applicant's representative, Robert L. Aldridge, and no one, having
testified in opposition
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 1
and the City Council having received. the staff :report and the record made before the
Planning and -Zoning Commission, and being fully advised~in the premises, the Council`
finds and, concludes as follows:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was
published for two (2) consecutive weeks prior to the said public hearing scheduled for
July 20, 1999, and continued to August 17, 1999, before the City Council, the first
publication appearing and written notice having been mailed to property owners or
purchasers of record within three hundred (300') feet of the external boundaries of the
property under consideration more than fifteen (1 S) days prior to said hearing and with
the notice of public hearing having been posted upon the property under consideration
more than one week before said hearing and the copies of all notices were made
available to newspaper, radio and television stations as public service announcements;
and the matter having been duly considered by the City Council at the said public
hearing on July 20, 1999 and continued to August 17, 1999; and the Applicant,
affected property owners, acid government subdivisions providing services within the
planning jurisdiction of the City of Meridian, having been given full opportunity to
express comments and submit evidence.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / I<. D. ROOFING - 2
2. ,There has been compliance with all notice and hearing
requirements set forth in Idaho Code §§67=6509 and 67-6512; and §§11-2-416E and
11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication
and Proof of Posting filed-with the staff report.
3. Council. takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Title 11 Municipal Code of the City of Meridian
and all current zoning-maps thereof and the Comprehensive Plan of the City of
Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps
and the Ordinance establishing the Impact Area Boundary Ordinance and Map.
4. The property is located at 1300 South Teere, Meridian, Idaho.
5. The owner of record of the subject property is Treasure Valley
Baptist Church, Inc., an Idaho Corporation, Meridian, Idaho.
6. Applicant is Treasure Valley Baptist Church, Inc., an Idaho
Corporationyof Meridian, Idaho.
7. The present land use of the subject property is vacant, grass
covered, land and limited use for recreational purposes by the church.
8. The proposed land use of the subject property is for church parking
b
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT. SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / IC. D. ROOFING - 3
and recreational use, and a portion is to be used as a contractor roofing business at the
location as depicted in the "Site Plan" prepared by.Robert G. Stewart, Architect, dated
4/28/99 Plan #ICD-9910.
9. ~ The present zoning district of the subject property is (C-G)
General Retail and Service Commercial for the 1.102 acres and (L-O) Limited Office
for the 3.441 acres as' defined in §§ 11-2-408 (B) (11) (7) of the Zoning and
Development Ordinance of the City of Meridian.
10. The requested conditional use permit is desirable because the size
of existing church property within the City is becoming. inadequate and additional
room for expansion is needed. The general commercial frontage property is consistent
with neighboring commercial properties and industrial uses currently exist. Traffic on
Overland Road is such that this is a very desirable location for a local business and
industrial uses currently exist. The proposed use for this property is consistent with
existing uses in the area and industrial uses currently exist. From Meridian Road east
along the north side of Overland Road to beyond this property, several commercial and
f
industrial uses currently exist.
11. A list of the mailing addresses of all property owners who own
property located witli~in three hundred (300') feet of the external boundaries of the land
4
being considered and all property owners included-within the property being
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
} TREASURE VALLEY BAPTIST CHURCH, INC. / IC. D. ROOFING - 4
considered as evidenced from the official tax -records of Ada County was supplied by
the Applicant.
12. That the proposed conditional use will be harmonious, compatible
and in accordance with the Comprehensive Plan. Of particular relevance are the
Economic Development and Land Use sections of the. Comprehensive Plan. In the
Economic Development section the forecasted needs are that additional~land fora
employment related uses is needed. The Generalized Land Use Map of +1993
designates this area for Mixed/Planned Use Development. This requested use fits very
well the definition for Mixed/1'lanned Uses and the Economic Development Goal
Statement. The Land Use section of the Comprehensive Plan contains`an objective to
encourage Mixed/Planned Uses along the I-84 corridor, which are attractive and
compatible with high-volume traffic corridors. The roofing business along Overland
Road would meet this objective. The business would be landscaped and.fenced in
appropriate areas to maintain ahigh-quality visual appearance.
13. The Applicant paid the fee established by the City Council for the
application herein submitted.
14. The land subject to the application is intended to be developed in
accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated
4/28/99 Plan #I<.D-9910.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / I<. D. ROOFING - 5
15. The proposed development and use is allowed in the (C-G)
General Retail and~Service Commercial zone and the (L-O) Limited Office zone as a
conditional use with no additional permit requirements.
1 b. The following are development and conditional use considerations
which must be taken into account in order to assure that the proposed conditional use
and development is in compliance with the standards of § 11-2-418C of the Municipal
Code of the City of Meridian:
16.1 The proposed use will in fact constitute a conditional use as
. prescribed in the zoning ordinance because of the church use in the
L-O zone and construction business in the C-G zone.
16.2 To insure that the development and proposed use will be designed,
constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing and intended character
of the general vicinity and will not involve uses, activities,
processes, materials, equipment and conditions of operation that
will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes,
,glare or odors:
16.2.1 All driveways and parking areas are to be paved in
accordance with City Ordinance. Additional landscaping
will need to be provided to meet one three-inch caliper tree
per 1,500 square feet of asphalt.
1 b.2.2 A landscape setback of 35 feet beyond required right-of--way
is encouraged as Overland Road is an°entrance corridor.
Landscaping needs to be provided along the entire frontage
of the parcel except for the driveway location.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / IC. D. ROOFING..- 6
16.2.3 A screened trash enclosure is to be provided.
16.2.4Adjacent residential use needs to be screened from parking
lot, etc.
16.2.5 All outdoor storage of equipment and material needs to be
screened from view. If storage area is to be used for parking
of vehicles, paving will be needed.
16.2.6No signage has been proposed,. and none is approved with
this application. All signage will be subject to design review.
No temporary signs, flags, banners, etc., are permitted.
16.2.7A11 building and parking lot construction shall comply with
the Americans with Disabilities Act.
16.2.8 Detailed landscape plan needs to be submitted for review
and approval that the development be constructed in
accordance with the "Site Plan" prepared by Robert G.
Stewart, Architect, dated 4/28/99 Plan # I<D-9910:
17. In order to assure that the affected and subject area will be served
adequately by essential public facilities and services, Staff has received the following
comments from the political subdivisions providing services within the City of
Meridian planning jurisdiction:
17.1 Ada County Highway District (ACRD) "Site Specific
Requirements" set_forth in that certain report submitted by Larry
Sale, Planning and Development Supervisor, dated June 3, 1999,
RE: Staff Level Approval MCUP99-016/AZ-99-007as follows:
17.1.1 Dedicate 48-feet of right-of--way from the centerline of
Overland Road abutting the parcel by means of recordation
of a final subdivision plat or execution of a warranty deed
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / I<. D. ROOFING -
prior to issuance of a building permit (or other required
permits), whichever occurs first. The owner will be
compensated for all right-of-way dedicated a"s an addition to
existing right-of-~vay from available impact fee revenues in
this benefit zone, if the -owner submits a letter of application
to the impact fee administrator prior to breaking ground, in
accordance with.. Section 15 of ACHD Ordinance # 188.
17.1.2 There- shall be no cross easement for the parcels to the east
and north to use the subject parcel for access to the public
streets. . -
17.1.3 Construct a 5-foot wide detached concrete sidewalk within
2-feet of -the new right-of--way on Overland Road abutting
the side. Coordinate the location, elevation and grade of -the
sidewalk with District staff.
17.1.4 Construct one 24 to 30-foot wide driveway on Overland
Road located to align with Retriever Street- to the south,
approximately 110-feet west of the east property line. Pave
the driveway its full required width and at least 30-feet
beyond the edge of pavement of OverlandsRoad and install
pavement tapers with 15-foot radii abutting the existing
roadway edge.
17.1.5 Locate any proposed gated entry a minimum of 50-feet from
a public road. Coordinate the location of any proposed
gated entry with District staff.
17.1.6 Utility street,cuts in the new pavement are not allowed
unless approved in writing by the District.
17.1.7 District policy requires restrictions on the width, number
and locations of driveways, and shall be placed on future
development of this parcel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / IC. D..ROOFING -
17.1.8 Direct lot or parcel access to Overland Road is prohibited
other than the access point that has been specifically
approved with the application.
17.2 The City of Meridian Planning and Zoning Department and Public
Works comments dated June 17, 1999, as follows:
17.2.1 Curb cut needs to be approved by ACRD.
17.2.2 The proposed L-O parcel should grant an easement for the
sewer service line to the proposed GG parcel. The C-G
parcel should grant across-access `easement to the L-O
parcel.
17.2.3 Applicant shall provide a letter of approval from Sanitary
Service Company. for the location and construction of the
trash enclosure prior to applying for building permits.
17.2.4A11 building and parking lot construction shall comply with
the Americans with Disabilities Act.
18. Given the considerations of the comments from the above
referenced governmental subdivisions providing services the considerations of
additional public cost for public facilities and services required by the proposed
development will not impose such expense .upon the public if the developer pays for the
requested improvements and complies with the comment requests and the economic
welfare of the City and its residence and tax and rate payers will be protected.
19. The natural or scenic feature(s) of major importance affected by
this application are: none.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST,CHURCH, INC. / I<. D. ROOFING -
CONCLUSIONS OF LAW
Idaho Code § 67-6512 provides in part that:
(A) As part of a zoning ordinance the City Council may provide for the
processing of applications for special or conditional use permits;
and
(B) That a special use permit maybe granted to an applicant if the
proposed use is otherwise prohibited by the terms of the zoning
ordinance, but maybe allowed with conditions under specific
provisions of the zoning ordinance, subject to the •ability of
political subdivisions, including school districts, to provide services
for the proposed use, and when it is not in conflict with the plan;
and
(C) That upon the granting of a special use permit, conditions may be
attached to a special use permit, including, but not limited to,
those:
1) Minimizing adverse impact on other development;
2) Controlling the sequence and timing of development;
3) Controlling the duration of development;
4) Assuring that development ~is maintained properly;
5) Designating the exact location and nature of development;
requiring the provision for on-site or off-site public facilities
or services; requiring more restrictive standards than those
generally required in an ordinance; requiring mitigation of
effects of the proposed development upon service delivery
by any political subdivision, including school districts,
providing services within the planning jurisdiction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / IC. D. ROOFING - 10
2. The City of Meridian has exercised its authority to provide for the
processing of applications for- Conditional Use Permits by the enactment of § 11-2-418
Municipal Code. `
3. Idaho Code § 67-6504 provides that the City Council may exercise all of
the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is
known as the "Local Land Use SPlanning Act of 1975."
4. Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Title 11 Municipal.Code of the City of Meridian
and all current zoning maps thereof and the Comprehensive Plan of the City of
Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps
and the Ordinance establishing the Impact Area Boundary Ordinance and Map.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby
ORDER and this does Order that:
FINDINGS OF FACT AND CONCLUSIONS OF LAW.
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 11
HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE A Good Place to Live ~~'r tv~D
~~ci~ Members CITY OF MERID ~~ ~~~
IAN ~~~ 1 7 1999
CHARLES ROUNTREE 33 EAST IDAHO ~~„
GLENN BENTZEY MERIDIAN, IDAHO 83642 City of :Meridian L~
RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 City Clerk Office /
KEITH BIRD ~ • ~O~
MEMORANDUM: June 17, 1999
To: Planning & Zoning Commission/Mayoi• and•City Council
From: Bruce Freckleton; Assistant to City En weer
Shazi Stiles, P&Z Administrator [~
Re: Request for Annexation and Zoning of 3.441 Acres to L-O and 1.102 Acres.to C-G
by Treasure Valley Baptist Church
We 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:
SITE SPECIFIC REQUIREMENTS:
1. Curb cut needs to be approved by ACRD.
2. All driveways and parking areas are to be paved in accordance with City Ordinance.
Additional landscaping will need to be provided to meet one three-inch caliper tree per 1,500
square feet of asphalt.
3. A development agreement is required as a condition of annexation
4. As two separate zones are being requested, two separate legal descriptions must be submitted.
These legal descriptions must be tied to government corners, not subdivision lot corners and
shall include half of the right-of--way of Overland Road.
5. The proposed L-O parcel should grant an easement for the sewer service line to the proposed
C-G parcel. The C-G parcel should grant across-access easement to the L-O parcel.
6. A landscape setback of 35 feet beyond required ri t-of--way is encouraged as Overland Road
is an entrance corridor. Landscaping needs to be provided along the entire frontage of the
parcel except for the driveway location.
7. A screened trash enclosure is to be provided. Applicant to provide a letter of approval from
Sanitary Service Company for the location and construction of the trash enclosure prior to
applying for building permits.
CUP-49-016
AZ-99-007
TV BC-KDRoofing.RZ.CUP
~.
P&Z Commission/Mayor & Council
June 17, 1999
Page 2 `
8. Adjacent residential use needs to be screened from pazking lot, etc.
9. All outdoor storage of equipment and material needs to be screened from view. If storage
azea is to be used for pazking of vehicles, paving will be needed.
10. No azchitectural details, elevations or construction materials were provided.
11. No signage has been proposed, and none is approved with this application. All signage will
be subject to design review. No temporary signs, flags, banners, etc., aze permitted.
12. All building and parking lot construction shall. comply with the Americans with Disabilities
Act.
13. Revise site plan to show centerline of Overland Road.
14. Detailed landscape plan needs to be submitted for review and approval.
CUP-99-01 ]
TVBC-KDRoofing.RZ.CUP
_ ~_
f; ~~ - "REPAIR & REROO(Y
SPECIALIST" ,~~~! A ~
Kendall M. Doty
K ~~~~~
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Mobile: 887-5095 • Office: (208) 887-1775
ROOFING IN
Cellular: 850-2313
DATE: April 29, 1999
TO: City of Meridian
C.
2190 S. Locust Grog ~ ~-~~
• Meridian, ID 8364 ~ ~~
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ATTN: Sherry Stihls ~ ~ ~_
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RE: Materials used on Overland Property belonging to K.D.'Roofing, Inc.
Roofing - 40-year Presidentials
Vinyl Siding
Metal Soffet & Facia
Wood Structure
Wood Trusses - 5112 pitch
If you have any question, feel free to give me a call - 887-1775 or 850-2313.
Thank you,
Kendall M. Doty
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BUILDING FOR K.D. ROOFING
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~ ~ ~ ~ PFi 887-7775 ARCHITECT
A ~ -a 5189 OVERLAND RD., BOISE, IDA}(O, PIi. # 313-7800
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BUILDING FOR K.D. ROOFING
PH. 887-1775
.ROBERT G. STEWART
ARCHITECT
5189 OVERLAND RD., BOISE, IDAHO, PH. M 117800
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ROBERT G. STEWART
ARCHITECT .
PH.I 887-1775 ; ~ ~ ' : • 5184 OVERLAND RD., BOLSE, mAllO, P1L M la1-7800. ~ ~
City of Meridian
Conditional Use Permit
ADDlication Checklist
Applicant•
Project: • ('~-~r-~.~. ~
Date: S' /~/4~1,
- Item
No.
_ ._. .
_,.. . _.._ _. .._ . _._ __.
= . _ ;. _,_ Description, = : ~ -_ ~ _ °r
_ -.- ~
;_ _. t_.. _
°-Comments
~=
1. A licant contact information /
2. Pro ert owner contact information /
3. Le al descri tion
4.a. Warrant deed /
4.b. Notarized consent of roe owner --•--~
5. Descri tion of existin use (buildin use /
6. Present use of ro ert other land use /
7. Pro sed use of ro e /
8. Zone of ro ert /
9. Vicinity ma - 30 copies /
0. Site lan scale of not less than 1"=50' - 35 copies
10.a. Buildin locations ~/
10.b. Parkin and loadin areas /
10
c _ _
- - --
Traffic access drives
.
.
10
d __
Traffic circulation atterns ' /
.
.
e
10 O en/common s aces ' ~' ~~ ti/
.
.
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10 Landsca e lan ', r
.
.
10 ~ \~
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Refuse & service areas , /
.
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10 ~
,
includin : ~ ~
Utilities lan
.
. ,
-Sewer ~ ~ /
-Water ~ /
- Irri ation ' ?
-Storm drains e
10.' Sinae '
10.'. 8'/2" x 11" co of site lan
10.k. Buildin elevations ont, rear and sides /
10.1. Construction materials (may be included on elevations
drawin
11. Surroundin ro ert mailin addresses
12 Characteristics,ofprnperty that make conditional use
desirable
13. A lication and mailin fee /
14. Additional services statement /
15. A lication verification statement /
16. Postin of ro ert affidavit
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,CUPChecklist2
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CITY OF MERIDIAN
APPLICATION FOR A CONDITIONAL USE PERMIT
MAY 0 6 1999
CI'I'7 i.)t? d'iBa~IDIAN
PLAI~~l~I & NIN(
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NAME: Treasure Valley Baptist Church, PHONF,: 336-_9__8_8.0____
c/o Robert L. Aldridge
ADDRESS: 1209 N 8th Stre t, Boi sP ,ID F3~7f12 ____ _____
GENERAL LOCATION: East of Meridian Rd. on Overland Rd., Lot 4, Blkl, Timothy Subd.
DESCRIPTION OF PROPOSED CONDITIONAL USE: Part church parking and
recreational uses and part contractor's business
ZONING CLASSIFICATION: Part L-0 and Part C-G
I certify that the information
LEGAL NO'I'[CE OF PUBLIC I-TEARING
Pursuani to established procedure, NOTICE IS HEREBY GIVEN. that the Meridian Planning and
Zoning Commission wil! hold a Public Hearing in the Meridian City Hall on _ ____
.m. The purpose of the Hearing is to consider a
for
at
CONDITIONAL USE PERMIT submitted by
the property generally described as located at
SUBDIVISION, BLOCK ,LOT
TO
Supplemental Information to Application for Conditions Use Permit
1. Applicant:
Treasure Valley Baptist Church,
c/o Robert L. Aldridge
1209 N. 8~' St.
Boise, ID 83702
Phone - (208) 336-9880
2. Owner:
Treasure Valley Baptist Church,
1300 So. Teare
Meridian, ID 83642
Phone - (208) 888-4545
3. Legal description: Lot 4 in Block 1 of Timothy Subdivision, according to
the plat thereof filed in Book 31 of plats at page 1923, amended by
affidavit recorded under instrument. No. 7704108, records of Ada County,
Idaho.
4. Proof of ownership (Warranty Deed) attached.
5. Presently the land is grass covered and is used in a limited way for
recreation by the Church.
6. The land is presently vacant.
7. Following annexation approval, a boundary line adjustment will be
requested. The boundary line adjustment will accomplish consolidating
the Church property into one parcel and create a smaller (approx. 1 acre)
parcel with frontage on Overland Road. The Church plans to use the
additional space for additional parking, recreational activities and future
expansion. The parcel fronting Overland Road is planned to be used as a
roofing business.
8. This property is currently in Ada County and is zoned M-1.
9. Thirty copies of a vicinity map are enclosed.
,~ ~~
10. Thirty-five copies of the site plan, an 81/2 x 11 copy of the site plan
showing elevations and a construction materials list are enclosed.
11. Mailing addresses have been requested.
12. The requested conditional use is desirable because the size of existing
church property within the City is becoming inadequate and additional
room for expansion is needed. The general commercial frontage property
is consistent with neighboring commercial properties. Traffic on Overland
Road is such that this is a very desirable location for a local business.
The proposed use for this property is consistent with existing uses in the
area. From Meridian Road east along the north side of Overland Road to
beyond this property, several commercial and industrial uses currently
exist. The proposed use is also compatible with the City of Meridian
Comprehensive Plan. Of particular relevance are the Economic
Development and Land Use sections of the Comprehensive Plan. In the
Economic Development section the forecasted needs are that additional
land for employment related uses is needed. The Generalized Land Use
Map of 1993 designates this area for Mixed/Planned Use Development.
This requested use fits very well the defnition far mixed-planned uses and
the economic development goal statement. The Land Use section of the
Comprehensive Plan contains an objective to encourage mixed planned
uses along the I-84 corridor which are attractive and compatible with
high-volume traffic corridors. The roofing business along Overland Road
meets this objective. The business will be landscaped and fenced in
appropriate areas to maintain ahigh-quality visual appearance.
13. Proper°fees are enclosed.
14. The users of the property hereby agree to pay any additional sewer, water
or trash fees or charges associated with the use of the properly.
15. The property will be posted one week before the public hearing.
I certify that the i
ri'contained here is true
Signa re of Applicant
sta~-F ~°~~: ~, :~.`~C oa~f:~~,-~ ~coQaSe~ ~o~s~c~e~s -~c~'h~n~
o c~ OJec~os~~ , W ~`\ c~o~ ~n.~e_ o~~l S~9c~ao~e .
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'.~U.U::U::!.-2.(!: M ~1,,,;~~ :U::U::4: NI::V:M :tl::tl:'N: ~ " `:u-~ ~•~•• jul~`, JQiQ ~~~ :1~.~::l']•: ~CI::C-::U::U+:/.)::U::tI::U:141_ :tl::tl:::.
WARRANTY DEED
~,
~~ (INDIVIDUAL) ;~
~.
FOR VALUE RECEIVED HOYT C. DOBSON, an unmarried man and HOYT CL DOBSON, as personal
d
representative of the Estate of MARY ALICE EDGLEY SPATES DOBSON, DeceasE~
Z
^ GRANTOR(S) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto S
TREASURE VALLEY BAPTIST CHURCH, INC., an Idaho corporation ~^
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GRANTEE(S), whose current a
c;ounty, State of Idaho,
the following described real property in Ada
^
more particularly described as follows, to wit: .,
_h
LOT 4 IN BLOCK 1 OF TIMOTHY SUBDIVISION, ACCORDING TO THE PLAT THEREOF ]?ICED IN
BOOK 31 OF PLATS AT PAGE 1923, AMENDED BY AFFIDAVIT RECORDED UNDER INSTRUMENT
N0. 7704108, RECORDS OF ADA COUNTY, IDAHO.
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A portion of Tax Parcel iYo. k8461250350
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees(s) heirs and assigns
forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) is~'are the owner(s) in fee
simple of said premises; that said premises are free from all encumbrances. EXCEPT those to which this conve;~ance is expressly made
subject and those made, suffered or,done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of
way and agreements, (if any) of record, and general texts and assessments, includes irrigation and utility assessments, (if any) for the
current year, which arc n t yet due and payable, and that Grantor(s) will warrant and defend the same from alt lawful claims ^
whatsoever. ~ ~
Dated: February s, 1998 ^
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YT D BSON epres
ersona
HOY DOBSON,
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^ STATE OF ID 0 ,County of Ada , u. ~.
~
r ~~ day of
On this February , in the year of 19913 , before me ~~
~
~
^ the undersigned a Notary Public, personally appeared ~
~-
~
` ^~ HOYT C. DOBSON ~
~~
~~ known or identified to me to be the person(s ) whose name(s) is subscribed to the within : ~`
=.~ instrument, and acknowledged to me that
~ _ he _ executed the same.
~ '
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^ Notary Public.
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t-S Residing at:
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My Commission E es: ~.
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f~ Qf~l'tl~Q[~Ql~l~(~[iV[iW[ifl(i~(i0Pit1~~~ [i4f~ F1 C` L1'gE"~t~_~: Ll ~ _C~ C~'C> > [ Ci~iL(i0[I !i~[iC~li^Pi [iL[~4:>7iF7'G~:,
=-164292 JB/Afl
PIONEER TITLE COMPANY
OF AOA COUNTY
821 West Statc Strcet /Boise, Idaho 83702
(208) 336-6700
888 North Cole Road /Boise, Idaho 83704
(208) 377-
vieWed and approved by: ~ '
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l~;ngineers Surveyors Planners
Project: 11454
Date: April 30, 1999
PARCEL DESCRIPTION
OE LOT 4, BLOCK 1
TIMOTHY SUBDIVISION
A parcel of land being l.ot 4, Block 1, of the Timothy Subdivision as shown on the Official
Plat of Record in Book.31 of Plats at page 1923 in the office of the Recorder of Ada County in Boise,
Idaho, and more particularly described as follows:
Beginning at a'/z" iron pin marking the Northwest corner of said Lot 4, Block 1;
thence along the Northerly boundary of Lot 4, North 89°40'58" East, 300.54 feet (formerly
described as North 89°44'18" East, 300.00 feet) to a found Yz" iron pin marking the Northeast
corner of said Lot 4;
thence leaving said Northerly boundary of said Lot 4, South 00°28'51" West, 660.00 feet
(formerly described as South 00°28'51" East, 660.00 feet) along the Easterly boundary of said lot to
a found'/z" iron pin marking the Southeast corner of said lot;
thence South 89°43' 11 "West, 300.15 feet (formerly described as South 89°44' 18" West,
300.00 feet) along a line being 40.00 feet Northerly and parallel to the center line of Overland
Road to a found''/z" iron pin marking the Southwest corner of said Lot 4;
thence North 00°26'49" East, 659.80 feet (formerly described as North 00°28'51" East,
660.00 feet) along the Westerly boundary of said tot to the point of beginning.
Said parcel contains 4.55 acres, more or less.
END OF DESCRIPTION .
Prepared by:
J-U-B ENGINEERS, Inc.
o~,t.. ~q~y0
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4/29/99
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r= ~ TREASURE VALLEY BAPTIST CHURCH -LOT 4 BLK 1, TIMOTHY SUB.
. g PROPERTY OWNERS WITHIN 300'
TREASURE VALLEY BAPTIST CHURCH
1300 S TEARS AVE
MERIDIAN ID 83642-6614
1300 S TEARS AVE
E OVERLAND RD ~ ¢ ,
IDAHO KING CORPORATION THE
1109 MAIN ST STE 500
BOISE ID 83702-5641
1305 N LOCUST GROVE RD
SWINDELL MAX & BLANCHE AND
S WINDELL REX A & PHYLLIS
STEPHEN W FRENCH
1109 MAIN ST
SUITE #500 b
BOISE ID 83702
E OVERLAND RD x x
DOBSON HOYT C & MARY A
600 W 76TH AVE APT 303
ANCHORAGE AK 99518-2566
1230 E OVERLAND RD
EDMUNDS JAY C & ETHEL N
1500 S TEARS AVE
MERIDIAN ID 83642-6651
S TEARS AVE
1500 S TEARS AVE
SPORTSMAN POINTS OWNERS
ASSOCIATION INC
PO BOX 344
MERIDIAN ID 83680-0344
GEM PARK II PARTNERSHIP
PO BOX 344
MERIDIAN ID 83680-0344
E OVERLAND RD
RADA JOHN D & BEVERLY R
1300 E SHEPHERD ST
MERIDIAN ID 83642-6694
BARBER CURTIS L & MICHELLE
1272 E SHEPHERD ST
MERIDIAN ID 83642-6694
OLIVER CHARLES LEE &
BRIDGETT A
1244 E SHEPHERD ST
MERIDIAN ID 83642-6694
REYNOLDS FAMILY TRUST
REYNOLDS S & B L TRUSTEES
2153 S RETIEVER WAY
MERIDIAN ID 83642
1218 E SHEPHERD ST
DIXON SCOTT ALLEN & HEATHER
1186 E SHEPHERD ST
MERIDIAN ID 83642-7434
JACKSON ROCKY L
1158 E SHEPHERD ST
MERIDIAN ID 83642
WARF LAMOYNE & KAREN K
1120 E SHEPHERD ST
MERIDIAN ID 83642-7434
MERKLING MICHAEL L &
MERKLING KATHLEEN S
1094 SHEPHERD ST
MERIDIAN ID 83642
KOELLING CRAIG A &
KOELLING JOY L
1072 E SHEPHERD ST
MERIDIAN ID 83642
WILLIAMS FRANK E & AIMEE J
1046 E SHEPHERD ST
MERIDIAN ID 83642-7434
JONES FRANKLIN H & PAULINE E
1265 E SHEPHERD ST
MERIDIAN ID 83642-6694
J _~ ~
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GROVES DARRELL E & NANCY K
1239 E SHEPHERD ST
MERIDIAN ID 83642-6694
ASHFORD JOHNS & SHARON A
1221 E SHEPHERD ST
MERIDIAN ID 83642-6694
BROWN JAMES LEE & SHERRY L
1660 S RETRIEVER WAY
MERIDIAN ID 83642-7437
KING DON M &
KING JANICE N
1167 E SHEPHERD ST
MERIDIAN ID 83642-7434
COLEMAN KEVIN L
1139 E SHEPHERD ST
MERIDIAN ID 83642-7434
JUDGE ROGER D & SANDRA
1107 E SHEPHERD ST
MERIDIAN ID 83642-7434
CHURCH DEBRA R
1035 E SHEPHERD ST
MERIDIAN ID 83642-7434
<.~.~~
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1. The applicant, Treasure Valley Baptist Church, Inc., is granted a
conditional use permit for 4.5 acres located at 1300 South Teare Avenue, Meridian,
Idaho, and subject to the following terms and conditions:
1.1 The proposed land use of the subject property is for church parking and
recreational use, and a portion is to be used as a contractor roofing business
at the location as depicted in the "Site Plan" prepared by Robert G.
Stewart, Architect, dated 4/28/99 Plan #I~D-9910.
1.2 The conditions of the conditional use permit are as follows:
1.2.1 All driveways and parking areas are to be paved in accordance
with City Ordinance. Additional landscaping will need to be
provided to meet one three-inch caliper tree per 1,500 square
feet of asphalt.
1.2.2 A landscape setback of 35 feet beyond required right-of-way is
encouraged as Overland Road is an entrance corridor.
Landscaping needs to be provided along the entire frontage of
the parcel except for the driveway location.
1.2.3 A screened trash enclosure is to be provided.
1.2.4 Adjacent residential use needs to be screened from parking
lot, etc.
1.2.5 All outdoor storage of equipment and material needs to be
screened from view. If storage area is to be used for parking
of vehicles, paving will be needed.
1.2.6 No signage has been proposed, and none is approved with this
application. All signage will be subject to design review. No
temporary signs, flags, banners, etc., are permitted.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / I<. D. ROOFING - 12
1.2:7 All building and .parking lot construction shall comply with
the Americans with Disabilities Act.
1.2.8 Detailed landscape plan needs to be submitted for review and
approval that the development be constructed in accordance
with the "Site Plan" prepared by Robert G. Stewart,
Architect, dated 4/28/99 Plan # IUD-9910.
1.2.9 Dedicate 48-feet of right-of-way from the.. centerline of
Overland Road abutting the parcel by means of recordation of
a final subdivision plat or execution of a warranty deed prior
to issuance of a building permit (or other required permits),
whichever occurs first. The owner will be compensated for all
right-of--way dedicated as an addition to existing right-of-way
from available impact fee revenues in this benefit zone, if the
owner submits a letter of application to the impact fee
administrator prior to breaking ground, in accordance with
Section 1 S of ACRD Ordinance # 188.
1.2.10 There shall be no cross easement for the parcels to the east
and north to use the subject parcel for access to the public
streets.
1.2.11 Construct a 5-foot wide detached concrete sidewalk within 2-
feet of the new right-of--way on Overland Road abutting the
-side. Coordinate the location, elevation and grade of the
sidewalk with District staff.
1.2..12 Construct one 24 to 30-footwide driveway on Overland Road
located to align with Retriever Street to the south,
approximately 110-feet west of the east property line. Pave
the driveway its full required width and at least 30-feet
beyond the edge of pavement of Overland Road and install
pavement tapers with 15-foot radii abutting the existing
roadway edge.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE.VALLEY BAPTIST CHURCH, INC. / IC D. ROOFING - 13
1.2.13 Locate any proposed .gated entry a minimum of 50-feet from
a public road. Coordinate the location of any proposed gated
entry with District staff.
1.2.14 Utility street cuts in the new pavement are not allowed unless
approved in writing by the District.
1.2.15 District policy requires restrictions on the width, number and
locations of driveways, and shall be placed on future
development of this parcel.
1.2.16 Direct lot or parcel access to Overland Road is prohibited
other than the access point that has been specifically
approved with the application.
1.2.17 Curb cut needs to be approved by ACHD.
1.2.18 The proposed L-O parcel should grant an easement for the
sewer service-line to the proposed C-G parcel. The C-G parcel
should grant across-access easement to the L-O parcel.
1.2.19Applicant shall provide a letter of approval from Sanitary
Service Company for the location and construction of the
trash enclosure prior to applying for building permits.
1.2.20A11 building and parking lot construction shall comply with
the Americans with Disabilities Act.
2. That the City Attorney draft an Order Granting Conditional Use Permit in
accordance with this Decision, which shall be signed by the Mayor and City Clerk and
then a -copy. served by the Clerk upon the applicant, the Planning and Zoning
Department, the Public Worlcs Department and any affected party requested notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / IC D. ROOFING - 14
NOTICE OF FINAL ACTION
Please take notice "that this is. a final action of the governing body of the City of
Meridiah; pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit may within twenty-eight (28) days after the date of this
decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
By action of the City Council at its regular meeting held on the
day of , 1999.
ROLL CALL
COUNCILMAN ANDERSON
COUNCILMAN BENTLEY
VOTED
VOTED
COUNCILMAN BIRD
COUNCILMAN ROUNTREE
VOTED
VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / IC. D. ROOFING - 15
MOTION: APPROVED: DISAPPROVED: ''
Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs
Department and the City Attorney.
By:
City Cleric
Dated:
msg/Z:\Wodc\M\Meridian 15360M\Treasure Valley Baptist AZ\CityCouncilFfClsOrd.CUP
~.
s
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / IC. D. ROOFING - 16
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE ) CUP-99-016
APPLICATION OF TREASURE VALLEY )
.BAPTIST CHURCH, INC., FORA ) ORDER OF CONDITIONAL
CONDITIONAL USE PERMIT ) APPROVAL OF
FOR CHURCH PARKING, RECREATIONAL ) CONDITIONAL USE PERMIT
USES AND CONTRACTOR'S BUSINESS AT )
1300 SOUTH 7EARE, MERIDIAN, IDAHO )
This matter coming before the City Council on the day of
1999, for final action on conditional use permit application and the Council having
received and approving the recommendation of the Planning and Zoning Commission the
Council takes the following action:
1. That the Applicant, Treasure Valley Baptist Church, Inc., owner of the property is
granted a conditional use permit for church parking and recreational use, and a portion is
to be used as a contractor's roofing business, as depicted in the "Site Plan" prepared by
Robert G. Stewart, dated 4/28/99 Plan #KD-9910, as conditionally approved by order of
the City Council on the day of , 1999, for the development of
the aforementioned projects and which property is described hereinbelow to-wit:
Limited Office (L-O~
A parcel of land being described as part of Lot 4, Block 1, of the Timothy
Subdivision, as shown on the official plat of record in Book 31 of Plats at page
1923 in the office of the Recorder of Ada County in Boise, Idaho, and being
situated in the SE 1/4 of Section 18, T. 3N., R. 1 E., Boise Meridian and being more
particularly described as follows: '
Commencing at the Southeast corner of said Section 18 from which the South 1/4
corner bears South 89°43'11" West, 2,649.02 feet;
!K
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING
thence South 89°43'11" West, 1,336.64 feet along the section line and center line
of Overland Road to a point;
thence North 00°28'51" East, 201.00 feet to the POINT OF BEGINNING;
thence South 89°43'11" West, 300..24 feet to a point;
thence North 00°26'49" East, 498.80 feet to a point;
thence North 89°40'58" East, 300.54 feet to a point;
thence South 00°28'51" West, 499.00 feet to the POINT OF BEGINNING.
Said parcel contains 3.44 acres, more or less.
General Retail and Service Commercial (C-G)•
A parcel of land being described as part of Lot 4, Block 1, of the Timothy
Subdivision, as shown on the official plat of record in Book 31 of Plats at page
1923 in the office of the Recorder of Ada County in Boise, Idaho, and being
situated in the SE1/4 of Section 18, T.3N., R.1E., Boise Meridian and being more
particularly described as follows:
Commencing at the Southeast corner of said Section 18 from which the South 1/4
corner bears South 89°43'11" West, 2,649.02 feet;
thence South 89°43'11" West, 1,336.64 feet along-the section line and center line
of Overland Road to the POINT OF BEGINNING;
thence North 00°28'51" East, 201.00 feet to a point;
thence South 89°43'11" West, 300.24 feet to a point;
thence South 00°26'49" West, 201.00 feet to a point;
thence North 89°43'13" East; 300.13 feet to the POINT OF BEGINNING.
Said parcel contains 1.39 acres, more or less.
2. This permit is subject to the following terms_and conditions:
That the above named applicant is granted a conditional use permit to use the
property for church parking and recreational use, and a portion is to be used as a
contractor's roofing business, subject to the following conditions of use and
development:
2.1 The Planning and Zoning Commission hereby recommends the granting of
the annexation, subject to the hereinafter conditions set forth, subject to the
following conditions precedent:
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING
2.1.1 The proposed land use of the subject property is for church parking
and recreational use, and a portion is to be used as a contractor
roofing business at the location as depicted in the "Site Plan"
prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan #KD-
9910.
2.2 The conditions of the conditional use permit are as follows:
2.2.1 All driveways and parking areas are to be paved in accordance with
City Ordinance. Additional landscaping will need to be provided to
meet one three-inch caliper tree per 1,500 square feet of asphalt.
2.2.2 A landscape setback of 35 feet beyond required right-of-way is
encouraged as Overland Road is an entrance corridor. Landscaping
needs to be provided along the entire .frontage of the parcel except
for the driveway location. 5
2.2.3 A screened trash enclosure is to be provided.
2.2.4 Adjacent residential use needs to be screened from parking lot, etc.
2.2.5 All outdoor storage of equipment and material needs to be screened
from view. If storage area is to be used for parking of vehicles,
paving'will be needed.
2.2.6 No signage has been proposed, and none is approved with this
application. All .signage will be subject to design review. No
temporary signs, flags, banners, etc., are permitted.
2.2.7 All building and parking lot construction shall comply with the
Americans with Disabilities Act.
2.2.8 Detailed landscape plan needs to be submitted for review and
approval that the development be constructed in accordance with the
"Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99
Plan # KD-9910.
2.2.9 Dedicate 48-feet of right-of--way from the centerline of Overland
Road abutting the parcel by means of recordation. of a final
subdivision plat or execution of a warranty deed prior to issuance of
a building permit (or other required permits),. whichever occurs first.
The owner will be compensated for all right-of--way dedicated as an
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING
addition to existing right-of-vvay,from available impact fee revenues
in this benefit zone, if the ov~rner submits a letter of application to the
impact fee administrator prior to breaking ground, in accordance with
Section 15 of ACRD Ordinaince #188.
2.2.10 There shall be no cross easement for the parcels to the east and
north to use the subject parcel for access to the public streets.
2.2.11 Construct a 5-foot wide deta~~ched concrete sidewalk within 2-feet of
the new right-of-way on Overland Road abutting the side. Y
Coordinate the location, elevation and grade of the sidewalk with
District staff.
2.2.12 Construct one 24 fo 30-foot 'wide driveway on Overland Road
located to align with Retriever Street to the south, approximately
110-feet west of the east property line. Pave the driveway its full
required width and at least 30-feet beyond the edge of pavement of
Overland Road and install pavement tapers with 15-foot radii
abutting the existing roadway edge.
2.2.13 Locate any proposed gatedentry a minimum of 50-feet from a,public
road.. Coordinate the location of any proposed gated entry with
District staff.
2.2.14 Utility street cuts in the new pavement are not allowed unless
approved in writing by the District.
2.2.15 District policy requires restrictions on the width, number and
locations of driveways, and shall be placed on future development of
this parcel.
2.2.16 Direct lot or parcel access to Overland Road,is prohibited other than
the access point that has beE:n specifically approved with the
application.
2.2.17 Curb cut needs to be approved by ACHD.
2.2.18 The proposed L-O parcel should grant an easement for the sewer
service line to the proposed C-G parcel. The C-G parcel should
grant across-access easement to the L-O parcel.
ORDER OF CONDITIONAL APPROVAL 4
OF CONDITIONAL USE PERMIT
TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING.,
2.2.19 Applicant shall provide a letter of approval from Sanitary Service
Company for the location and construction of the trash enclosure
prior to applying for building permits.
2.2.20 All building and parking lot construction shall comply with the
Americans with Disabilities Act.
3. That the City Attorney-draft an Order Granting Conditional Use Permit in
accordance with this Decision, which shall be signed by the Mayor and,City Clerk and
then a copy served by the Clerk upon the applicant, the Planning and Zoning
Department, the Public Works Department and any affected party requested notice.
4. The above conditions are concluded to be reasonable and the applicant.
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
5. This order shall be automatically amended for the description of said
parcel at such time as the approval and recording of the final plat of Treasure Valley
Baptist Church, Inc.
6. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the provisions of § 1,1-2-418 J of the Municipal Code of the City of
Meridian, a copy of which is attached to this permit.
By action of the City Council at its regular meeting held on
1999.
By:
ROBERT D. CORRIE
Mayor, City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
By: Dated:
City Clerk
msg/Z:\Work\M\Meridian 15360M\Treasure Valley Baptist AZ\CUPOrder
ORDER OF CONDITIONAL APPROVAL
OF CONDITIONAL USE PERMIT
TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING
1 1
a~
MERIDIAN CITY COUNCIL MEETING: AUGUST 1T 7999
AGENDA ITEM NUMBER: a 1
APPLICANT: K.D. ROOFING
REQUEST: CONDRIONAL USE PERMIT FOR TREASURE VALLEY BAPTIST CHURCH
COM_EN7S
AGr- SEE ATTACHED MINUTES
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN. SCHOOL DISTRICT:
SEE ATTACHED RECOMMENDATION
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
{DAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
Ali Materials presented at public meetings shall become property of the City of Meridian.
Meridian City Council Meeting
July 20, 1999
Page48
Bird: Oh, yeah. I change that to August 17«, 1999.
Corrie: is there a second.
Bentley: Motion made and second to continue the public hearing on number 16 until.
August the 17th. Any further comment? Hearing none, all those in favor of the motion
say aye.
MOTION CARRIED: ALL AYES.
17. PUBLIC. HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR
CHURCH PARKING, RECREATIONAL USES AND CONTRACTOR'S
BUSINESS BY TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING=
NORTH OF OVERLAND RD, SOUTH OF I-84 & EAST OF TEARS AVE:
Corrie: I'(f entertain a motion to do that for the 17th as well.
Bentley:,. So moved.
Rountree: Second.
Corrie: Motion made and second that we have the conditional use permit on number 17
noticed for a public hearing for August 17th. Further comments? All those in favor of
the motion say aye.
MOTION CARRIED: ALL AYES.
18. DEVELOPMENT AGREEMENT BY MATTHEW & DANITA HARTZ FOR 1990
N. MERIDIAN ROAD:
Corrie: We do have that development agreement.
Bentley: Is it signed?
Corrie: Yes, looks like it. Mr. Clerk, that has been signed. It shows here it has. Any
comments or questions on the development agreement, item number 18?
Rountree:.Mr. Mayor I just ask that staff has any comments?
Stiles:. No.
" Corrie: No staff comments, all right.
}
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE ) Case No. CUP-99-019
REQUEST FOR CONDITIONAL ) .RECOMMENDATION TO CITY
USE PERMIT FOR A PRIVATE ) COUNCIL
SCHOOL )
CAPITAL CHRISTIAN CENTER, .)'
Applicant )
INTRODUCTION
1. The property is located north of Fairview and west of Eagle Rd. at 2760
E. Fairview Avenue, Meridian, Idaho. ,. ~ 3;
2. The owner of record ~of the °subject property is Capital Christian Center
of 2760 E. Fairview, Meridian.
3. Applicant is owner of record.
4. The subject property is currently zoned Limited Office (L-O). The
zoning district of Limited°~Office (L-O) is defined~within the City of Meridian Zoning
and Development Ordinance, Section 11-2-408(B)(7). .a
i
~I
5. The proposed application requests a conditional use permit for use of an
I . ~ ~ 4
existing building fora private school: aThe Limited Office (L-O) zoning designation
within the City of Meridian"Zoning and.Development Ordinance requires a
conditional'use permit be`obtained for most uses including those requested by the
RECOMMENDATION TO CITY COUNCIL - 1
CONDITIONAL USE PERMIT -PRIVATE SCHOOL -CAPITAL
CHRISTLAN CENTER
t
a
Applicant. (Meridian City Zoning and Development Ordinance, Section 11-2-
, ,
409(B).
6. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Policy.
7. The Meridian Planning and Zoning Commission takes note of and
recognizes the concerns of Cheryl Knighton of 2580 E. Clarene Ct., Meridian, Idaho,
dated July 13, 1999.. .
RECOMMENDATION
1. The Meridian Planning and Zoning Commission hereby recommends to
the City Council of the City of'Meridian that they approve the conditional use
permit as requested by the applicant, subject to the following:
Adopt the Meridian Fire Department's Recommendations as follows:
1.1 Applicants shall satisfy all fire code requirements including those
pertaining to water flow and fire hydrants.
1.2 The Building shall convert to AE Occupancy, fitted with an alarm
system.
1.3 Plans for food preparation shall be confirmed with the Meridian City
Fire Department, as a hood system may have to be added.
Adopt the Meridian Planning and Zoning Department recommendations as follows:
1.4 All Uniform Building and all Uniform Fire Codes must be met.
RECOMMENDATION TO CITY COUNCIL - 2
CONDITIONAL USE PERMIT -PRIVATE SCHOOL -CAPITAL
CHRISTIAN CENTER
n
1.5 Any additional sewer and water assessments must be paid by the
Applicant. _
1.6 Applicant shall provide appropriate fencing'and buffering as required by
the Planning and Zoning Administrator.
1.7 Parking on unpaved areas shall be prohibited.
1.8 All°signage must go through the permit process for review.
Adopt the Central District Health Department recommendations as follows:
1.9 The Central District Health Department shall review all plans fo`r on-
site food preparation.
ey/Z:\WorkWl\Meridian 15360M\Capital Christian Center CUP\SchoolPZ.Rec
RECOMMENDATION TO CITY COUNCIL - 3
CONDITIONAL USE PERMIT -PRIVATE SCHOOL -CAPITAL
CHRISTIAN CENTER
~~
R~°E~~
JUL 1 91999
~~ ~~~~~~
BEFORE THE PLANNING AND ZONING COMMISSION
IN THE MATTER OF THE
APPLICATION OF TREASURE
VALLEY BAPTIST CHURCH,
FOR A CONDITIONAL USE
PERMIT FOR CHURCH
PARIQNG, RECREATIONAL USES
AND CONTRACTOR'S BUSINESS
AT 1300 SOUTH TEARS,
MERIDIAN,. IDAHO
Case No. CUP-99-016
FINDINGS AND
RECOMMENDATION FOR
APPROVAL OF CONDITIONAL
USE PERMIT
The above entitled conditional use permit application having come before
the Planning and Zoning Commission on the 17th day of June, 1999, and Shari Stiles,
Planning and ZoningAdministrator, appeared and testified, and appearing on behalf of the
Applicant, Treasure Valley Baptist Church, Inc., was Robert L. Aldridge, having appeared
and testified in favor of the application and Don Icing appearing in opposition, and the
Commission having received the staff report, and being fully advised in the premises, the
Commission finds and concludes as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMLT T SUBJECT TO CONDITIONS
TREASURE VALL-EY-BAPTIST~CHURCH-INC...-/.I~.D..ROOFING --~1
FINDINGS
1. The Commission takes judicial notice of its zoning, subdivisions
and development ordinances codified at Title 11, Municipal Code of the City of
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the
City, of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994,
and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and
Map and the Ada County Zoning Ordinance.
2. Staff has complied with the requirements of I.C. §§ 67-6509 and
67-6512 and §§ 11-2-416E and 11-2-418E.
3. The Applicant is Treasure Valley Baptist Church, Inc., an Idaho
Corporation located at 1300 South Teare, Meridian, Idaho 83642, whose telephone
number is (208) 888-4545.
4. The legal description of the property is as follows:
A parcel of land being Lot 4, Bloclc 1, of the Timothy Subdivision as
shown on the Official Plat of Record in Book 31 of Plats at page 1923 in
the office of the Recorder of Ada County in Boise, Idaho, and more
particularly described as follows:
Beginning at a ~/2" iron pin marking the Northwest corner of said Lot 4,
Bloclc l;
thence along the Northerly boundary of Lot 4, North 89°40'58" East,
300.54 feet (formerly described as North 89°44' 18" East, 300.00 feet) to
a found i/a" iron pin marking the Northeast corner of said Lot 4;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / IC.D. ROOFING - 2
thence leaving said Northerly boundary of said Lot 4, South 00°28'51"
West, 660.00 feet (formerly described as South 00°28'51" East, 660.00
feet) along the Easterly boundary of said lot to a found 1/2" iron pin
marking the Southeast corner of said lot;
thence South 89°43'11" West, 300.15 feet (formerly described as South
89°44' 18" West, 3.00.00 feet) along a line being 40.00 feet Northerly and
parallel to the center line of Overland Road to a found 1/2" iron pin
marking the Southwest corner of said Lot 4;
thence North 00°26'49" East, 659.80 feet (formerly described as North
00°28'51" East, 660.00 feet) along the Westerly boundary of said lot to
the point of beginning.
Said parcel contains 4.55 acres, more or -less.
5. The present land use of the subject property is vacant, grass
covered, eland and limited use for recreational purposes by the church.'
6. The proposed land use of the subject property is for church parking
and recreational use, and a portion is to be used as a contractor roofing business at the
location as depicted in the "Site Plan" prepared by Robert G. Stewart, Architect, dated
4/28/99 Plan #I~D-9910.
7. The present zoning district of the subject property is Ada County
M-1.
8. The requested conditional use permit is desirable because the size
of existing church property within the City is becoming inadequate and additional
room for' expansion is needed. The general commercial frontage property is consistent
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / I<.D. ROOFING - 3
with neighboring commercial properties and industrial uses currently exist. Traffic on
Overland Road is such that this is a very desirable location for a local business and
industrial uses currently exist. The proposed use for this property is consistent with
existing uses in the area and industrial uses currently exist. From Meridian Road east
along the north side of Overland Road to beyond this property, several commercial and
industrial uses currently exist.
9. A list of the mailing addresses of all property owners who own
property located within three hundred (300') feet of the external boundaries of the land
being considered and all' property owners included within the property being
considered as evidenced `from the official tax records of Ada County was supplied by
the Applicant.
10: That the proposed zoning designation will be harmonious,
compatible and in accordance with the Comprehensive Plan. Of particular relevance
are the Economic Development and Land Use sections of the Comprehensive Plan. In
the Economic Development section the forecasted needs are that additional land for
employment related uses is needed. The Generalized Land Use Map of 1993
designates this area for Mixed/Planned Use Development. This requested use fits very
well the definition for Mixed/Planned Uses and the Economic Development Goal
Statement. The Land Use section of the Comprehensive Plan contains an objective to
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / I.D. ROOFING - 4
encourage Mixed/Planned Uses along the I-84 corridor, which are attractive and
compatible with high-volume traffic corridors. The roofing business along Overland
Road would meet this objective. The business would be landscaped and fenced in
appropriate areas to maintain ahigh-quality visual appearance.
11. The Applicant paid the fee established by the City Council for the
application herein submitted.
12. The land subject to the application is intended to be developed in
accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated
4/28/99 Plan #I~D-9910.
13. The proposed development and use is allowed in the requested
zone as a conditional use with no additional permit requirements.
14. A development agreement was recommended as a condition of the
zoning designation application.
15. The following are development and conditional use considerations
which must be taken into account in order to assure that the proposed conditional use
and development is in compliance with the standards of § 11-2-418C of the Municipal
Code ~of the City of Meridian:
' 15.1 The proposed use will in fact constitute a conditional use as
prescribed in the zoning ordinance because of the church
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT-SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / I.D. ROOFING - 5
use in the L-O zone and construction business in the C-G
zone.
15.2 ~ That the proposed zoning designation will be harmonious,
compatible and in accordance with the Comprehensive Plan.
Of particular relevance are the Economic Development and
Land Use sections of the Comprehensive Plan. In the
Economic Development section the forecasted needs are
that additional land for employment related uses is needed.
The Generalized Land Use Map of 1993 designates this area
for Mixed/Planned Use,Development. This requested use
fits very well the definition for Mixed/Planned Uses and the
Economic Development Goal Statement. The Land Use
section of the Comprehensive Plan contains an objective to
encourage Mixed/Planned Uses along the I-84 corridor,
which are attractive and compatible with high-volume traffic
corridors. The roofing business along Overland Road would
meet this objective. The business would be landscaped and
fenced in appropriate areas to maintain ahigh-quality visual
appearance.
15.3 To insure that the development and proposed use will be
designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing
and intended character of the general vicinity and will not
involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or
odors:
15.3.1 All driveways and parking areas are to be paved in
accordance with City Ordinance. Additional
landscaping will need to be provided to meet one
three-inch caliper tree per 1,500 square feet of
asphalt.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING- 6
15.2 A development agreement is required as a condition
of annexation.
15.3 A landscape setback of 35 feet beyond required right-
of-~vay is encouraged as Overland Road is an entrance
corridor. Landscaping needs to be provided along the
entire frontage of the parcel except for the driveway
location.
15.4 A screened trash enclosure is to be provided.
15.5 Adjacent residential use needs to be screened from
parking lot, etc.
15.6 All outdoor storage of equipment and material needs
to be screened from view. If storage area is to be used
for parking of vehicles, paving will be needed.
15.7 No signage has been proposed, and none is approved
with this application. All signage will be subject to
design review. No temporary signs, flags, banners,
etc., are permitted.
15.8 All building and parking lot construction shall comply
with the Americans with Disabilities Act.
15.9 Detailed landscape plan needs to be submitted for
review and approval that the development be
constructed in accordance with the ~"Site Plan"
prepared by Robert G. Stewart, Architect, dated
4/28/99 Plan # I<.D-9910.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / I<.D. ROOFING -
16. In order to assure that the affected and subject area will be served
adequately by essential public facilities and services, Staff has received the following
comments from the political subdivisions providing services within the City of
Meridian planning jurisdiction:
16.1 Ada County Highway District (ACHD) "Site Specific
Requirements" set forth in that certain report submitted by Larry
Sale,.Planning and Development Supervisor, dated June 3, 1999,
RE: Staff Level Approval MCUP99-016/AZ-99-007as follows:
16.1.1 Dedicate 48-feet of right-of-way from the centerline of
Overland Road abutting the parcel by means of recordation
of a final subdivision plat or execution of a warranty deed
prior to issuance of a building permit (or other required
permits), whichever occurs first. The owner will be
compensated for all right-of--way dedicated as an addition to
existing right-of-way from available impact fee revenues in
this benefit zone, if the owner submits a letter of application
to the impact fee administrator prior to breaking ground, in
accordance with Section 15 of ACRD Ordinance # 188.
16.1.2 Provide a recorded cross access easement for the parcels to
the east and north to use this parcel for access to the public
streets prior to issuance of a building permit (or other
required permits).
16.1.3 Construct a 5-foot wide detached concrete sidewalk within
2-feet of the new right-of-way on Overland Road abutting
'the side. Coordinate the location, elevation and grade of the
sidewalk with District staff.
16.1.4 Construct one 24 to 30-foot wide driveway on Overland
Road located to align with Retriever Street to the south,
approximately 110-feet west of the east property line. Pave
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / I<.D. ROOFING - 8
the driveway its full required width and at least 30-feet
beyond the edge of pavement of Overland Road and install
pavement tapers with 15-foot radii abutting the existing
roadway edge.
16.1.5 Locate any proposed gated entry a minimum of 50-feet from
a public road. Coordinate the location of any proposed
`gated entry with District staff.
16.1.6 Utility street cuts in `the new pavement are not allowed
unless approved in writing by the District.
16.1.7 District policy requires restrictions on the width, number
and locations of driveways, and shall be placed on future
development of this .parcel.
16.1.8 Direct lot or parcel access to Overland Road is prohibited
other than the access point that has been specifically
approved with the application.
16.2 The City of Meridian Planning and Zoning Department and Public
Works- comments dated June 17, 1999, as follows:
16.2.1 Curb cut needs to be approved by ACHD.
16.2.2 A development agreement is required as a condition of
annexation.
16.2.3 The proposed L-O parcel should grant an easement for the
sewer service line to the proposed C-G parcel. The C-G
parcel should grant across-access easement to the L-O
parcel.
16.2.4Applicant shall provide a letter of approval from Sanitary
Service Company for the location and construction of the
trash enclosure prior to applying for building permits.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / ICD. ROOFING -
s.
16.2.5 All building and parking lot construction shall comply with
the Americans with Disabilities Act.
17. Given the consideration's of the comments from the above
referenced governmental subdivisions providing services the considerations of
additional public cost for public facilities and services required by the proposed
development will not impose such e,`cpense upon the public if the developer pays for the
requested improvements and complies with the comment requests and the economic
welfare of the City and its residence and tax and rate payers will be protected.
18. The natural or scenic feature(s) of major importance affected by
this application are: none.
RECOMMENDATIONS
1. The Planning and Zoning Commission hereby recommends the
granting of the annexation, subject to the hereinafter conditions set forth, subject to
the following conditions precedent:
1.1 The proposed land use of the subject property is for church
parking and recreational use, and a portion is to be used as a
contractor roofing business at the location as depicted in the
"Site Plan" prepared by Robert G. Stewart, Architect, dated
4/28/99 Plan #I<.D-9910.
1.2 The conditions of the conditional use permit are as follows:
1.2.1 All driveways and parking areas are to be paved in
accordance with City Ordinance. Additional
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / I.D. ROOFING - 10
landscaping will need to be provided to meet one
three-inch caliper tree per 1,500 square feet of
asphalt.
1.2.2 A development agreement is required as a condition
of annexation.
1.2.3 A landscape setback of 35 feet beyond required right-
of-way is encouraged as Overland Road is an entrance
corridor. Landscaping needs to be provided along the
entire frontage of the parcel except for the driveway
location.
1.2.4 A screened trash enclosure is to be provided.
1.2.5 Adjacent residential use needs to be screened from
parking lot, etc.
1.2.6 All outdoor storage of equipment and material needs
to be screened from view. If storage area is to be used
for parking of vehicles, paving will be needed.
1.2.7 No signage has been proposed, and none is approved
with this application. All signage will be subject to
design review. No temporary signs, flags, banners,
etc., are permitted.
1.2.8 All building and parking lot construction shall
comply with the Americans with Disabilities Act.
1.2.9 Detailed landscape plan needs to be submitted for
review and approval that the development be
constructed in accordance with the "Site Plan"
prepared by Robert G. Stewart, Architect, dated
4/28/99 Plan # I<.D-9910.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL.
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / I.D. ROOFING - 11
1.2.10 Dedicate 48-feet of right-of--way from the centerline
of Overland Road abutting the parcel by means of
recordation of a final subdivision plat or execution of
a warranty deed prior to issuance of a building permit
(or other required permits), whichever occurs first.
The owner will be compensated for all right-of--way
dedicated as an addition to existing right-of--way from
available impact fee revenues in this benefit zone, if
the owner submits a letter of application to the
impact fee administrator prior to breaking ground, in
accordance with Section 15 of ACRD Ordinance
#188.
1.2.11 Provide a recorded cross access easement for the
parcels to the east and north to use this parcel for
access to the public streets prior to issuance of a
building permit (or other required permits).
1.2.12 Construct a 5-foot wide detached concrete sidewalk
within 2-feet of the new right-of--way on Overland
Road abutting the side. Coordinate the location,
elevation and grade of the sidewalk with District
staff.
2.13 Construct one 24 to 30-foot wide driveway on
Overland Road located to align with Retriever Street
to the south, approximately 110-feet west of the east
property line. Pave the driveway its full required
width and at least 30-feet beyond the edge of
pavement of Overland Road and install pavement
tapers with 15-foot radii abutting the existing
roadway edge.
1.2.14 Locate any proposed gated entry a minimum of 50-
feet from a public road. Coordinate the location of
any proposed gated entry with District staff.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING - 12
1.2.1 S Utility street cuts in the new pavement are not
allowed unless approved in writing by the District.
1.2.16 District policy requires restrictions on the width,
number and locations of driveways, and shall be
placed on future development of this parcel.
1.2.17 Direct lot or parcel access to Overland Road is
prohibited other than the access point that has been
specifically approved with the application.
1.2.18 Curb cut needs to be approved by ACHD.
1.2.19 The proposed L-O parcel should grant an easement
for the sewer service line to the proposed C-G parcel.
The C-G parcel should grant across-access easement
to the L-0 parcel.
2.20Applicant shall provide a letter of approval from
Sanitary Service Company for the location and'
construction of the trash enclosure prior to applying
for building permits.
1.2.21 All building and parking lot construction shall
comply with the Americans with Disabilities Act.
By action of the Planning and Zoning Commission at its special meeting
and public hearing held in this matter on June 17, 1999.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / I<.D. ROOFING - 13
ROLL CALL
MOTION:
COMMISSIONER THOMAS BARBEIRO
COMMISSIONER KEITH BORUP
COMMISSIONER TAMMY DeWEERD
COMMISSIONER BYRON SMITH
VOTED
VOTED
VOTED,
.e
VOTED
CHAIRMAN MALCOLM MACCOY (TIE .BREAKER) VOTED,
DATED:
APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
By: Dated:
City Clerlc
ms~Z:\Worlc\M\Meridian 15360M\Treasure Valley Baptist AZ\Ffcls.cup
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS
TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING - 14
~;
MERIDIAN CITY COUNCIL MEETING:. JULY 20 1999
APPLICANT: TREASURE VALLEY BAPTIST CHURCH K.D. ROOFING AGENDA ITEM NUMBER: 17
REQUEST: CUP FOR CHURCH PARKING RECREATIONAL USES & CONTRACTOR'S BUSINESS
AGENCY
COMMENTS
-CITY CLERK: ~ SEE ATTACHED MINUTES FROM P & Z
CITY ENGINEER: • SEE ATTACHED LETTER RECEIVED
-CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
REVIEWED
SEE ATTACHED COMMENTS
'CITY BUILDING DEPT:
CITY WATER DEPT:
REVIEWED
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
'BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
Meridian Planning and ~„ning Commission
June 17, 1999
Page 32
Gigray: I'm sorry.
De Weerd: What was your comment?
Borup: The comment was just one of the trees crossed on the line, yeah but that's
something that can be handled in staff review the landscaping design I think. It's not
that critical of an item.
Smith: It's actually, more than one, but -
(Inaudible)
Borup: f'm sorry, 1 already close the public hearing. Do we have any other motions or
discussion?
De Weerd: No discussion.
Smith: I apologize, I didn't hear the gentleman's testimony, but it was primarily a traffic
concern nothing else?
Borup: Yes. Well that was my understanding that he was concerned about the traffic
that is generated.
Smith: Then Mr. Chairman, I would like to make a motion thatwe recommend to City
Council approval of this request for annexation and zoning 4.6 acres by Treasure Valley
Baptist Church and K.D. Roofing.
De Weerd: Second.
Borup: 1 have a motion and a second. All in favor?
MOTION CARRIED: ALL AYES.
''5. PUBLIC HEARING: REQUEST FOR CONDITIONAL" USE PERMIT FOR
CHURCH PARKING, RECREATIONAL USES AND CONTRACTOR'S BUSINESS BY
TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING-NORTH OF OVERLAND
RD,'SOUTH OF I-84 & EAST OF TEARE AVE:
Borup: We do have a condtional for item number five, which is a church parking,
recreations{ uses and contractor's business by Treasure Valley Baptist Church and K.D.
Roofing. This same project that we just discussed on the annexation and zoning.
Shari, do you have any comments on this item other than what you've -
Meridian Planning and Z~~ting Commission
June 17, 1999
Page 33
Stiles: Just maybe to address your concern. One of our comments is that we did
request additional landscaping and that we would do a detailed landscape review for
approval to meet our needs.
Borup: I know you always handle that real thoroughly anyway. 1'd like to open the
public hearing and ask the applicant to come forward.
Aldridge: Bob Aldridge, 3300 Falcon Drive, Meridian, Idaho. Same comments as
before. It's the same situation. This just carries out the split in zoning. We only need
the lower zoning for the church now and in the future, but the office obviously requires
the L-O designation.
Borup: Would you Pike to incorporate your previous comments?
Aldridge: Yes, we'd like to do so.
Borup: Okay thank you.
De Weerd: And did you want to enter into your testimony your comment on the
landscaping?
Aldridge: Yes, mabye I can supplement it at this time. I think when the original plan
was drawn, whoever drew it, drew it with a 30 foot setback and it should probably be a
35 so we'll work with Shari on making sure that all gets done properly, but it will be at 35
so everything should be out of all the potential future expansion areas of the road.
Borup: That's what I was looking at. The design there showing possible future right-of-
way. Thank you.
Aldridge: That is one of the staff conditions so we would have to comply with that in any
event.
Borup: Thank you.
Barbeiro: I'd like to ask'question of Mr. Aldridge please. Mr. Aldridge the request is for
in addition to recreational uses, could you define that?
Aldridge: Yeah, we were planning softball on it, soccer. I'm too old to play soccer, but
it's that sort of thing and we have picnics out there. Actually the uses we used to do out
there now has become parking lot and got lost so we're in the process of getting ready
to build, assuming this is approved, a little backstop and so forth in the one corner and
we have - if you want to come out Jufy 4th we're having all day preaching conference
and picnic on the grounds, so it's that kind of stuff, so you're invited.
Barbeiro: That would the lawn area you have designated here.
°} Meridiar Planning and Zoning Commission
June 17, 1999
Page 34
Aldridge: Yes, that's approximately three and a half acres out of the four and a half
acres.
Barbeiro: Thank you.
Borup: Thank you. Do we have anyone from the public who would like to testify on this
application? Seeing none,.--
De Weerd: Mr. Chairman, I move that we close the public hearing.
Smith: Second.
Borup: Afl in favor.
MOTION CARRIED: ALL AYES.
Borup: The. public hearing is closed.
De Weerd: I have no further comments.
Borup: Do we have, a motion from anyone?
Smith: Mr. Chairman, I would like to make a motion that we recommend to City Council
approval of this request for conditional use permit and that as always we incorporate
staff comments as part of our recommendation although I neglected to say that on the
last one.
De Weerd: I would second that.
Borup: Thank you. All in favor?
MOTION CARRIED: ALL AYES.
6. PUBLtC HEARING: REQUEST FOR COMPREHENS{VE PLAN AMENDMENT
TO CHANGE LAND USE FROM RESIDENTIAL TO MIXED USE (RESIDENTIAL
& OFFICE BUILDINGS) BY J-U-B ENGINEERS, iNC.-WEST OF EAGLE RD,
BETWEEN FAiRV1EW & USTICK:
Borup: Ms. Stiles, do we have any staff comment on this?
Stiles: Mr. Chairman, Commissioners, other than the comments that you received, we
don't have any comments. Well ! guess I do have a comment. As a result of the two
Comprehensive Plan amendments, I received requests for three additional
Comprehensive Plan amendments and they all want to be considered at the same time.
J~ ~~£
Meridian Planning and Zoning Commission ~L..J '
C/O Meridian City Clerk ~ ~ ~ .~ J ~99~
6-15- 99
~'.Lv :7I ~rl~_Ci'i11Z1
Dear Sirs,
Please accept this letter as my testimony concerning the annexation hearing of KD Roofing and Treasure Valley Baptist
Church.
I have spoken with Kendell Doty of KD Roofing and studied the site plans for the propose project and have but a few
concerns. First is the trash Dempster. Although the prevailing winds will blow garbage onto his own lawn area, I would
recommend an auxiliary covered fence in that matter. Second Weed control on the fill area surrounding the proposed slatted
fence. I have seen Mr. Doty's personal property and I would expect he'd maintain his business site with the same high
standard Last, water lines right of way. The site plan shows the water line going towards the easement described in
instrument no. 597317. At "NO TIME" will proposed water line interfere or interrupt irrigation access. The final matter is
not up for negotiation.
Now to the issue of TVBC parking and play ground Past experience has led to the realization that TVBC really does not
comprehend a neighbor not being transcended into a state of nirvana after being caught in one of their headlights in his own
backyard or kitchen. In other words, it's a nuisance. With this in mind, I would expect that a retainer fence and barrier shrubs
be part of this zoning contingency. Further more any added lighting should be directional and baffled from surrounding
properties. The use of voice amplification should not even be considered and Ada County Noise Ordnance and Speed Limits
should be strictly enforced.
Sincerely, j f ~ /~
~J ~ f ~ ~` ~~ ~_
Jay Edmunds
1500So. Teare Ave.
Meridian, Id 83642
Mayas HUB OF TREASURE VALLEY
ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT
COIfICIt n~ mhNrc
CITY OF MERIDIAN c~ox> xxa-.~~~a
CHARLES ROUNTREE PUBLIC WORKS
33 EAST IDAHO ~- BUtLDtNC DEP.4RT~1ENl~
GLENN BENTLEY MERIDIAN, IDAHO 8364 ~ C' ~ ~?~ t'ox~ xx~_,~ i i
RON ANDERSON Phone (208) 888-4433 • Fax (208) 88 813 1J PLANNING AND ZONING
KEITH BIRD ~~~ ~ ~ ~~~~ DEPARTMENT
(~O8)8xa-5533
Ci`. ~- ~f ~;It~ri~i~n
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 and Zoning Commission,.please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by:_ June 10, 1999
TRANSMITTAL DATE: May 11, 1999 HEARING DATE: June 17,.1999
FILE NUMBER: CUP-99-016
REQUEST: CONDITIONAL USE PERMIT FOR CHURCH PARKING RECREATIONAL
USES AND CONTRACTOR'S BUSINESS
BY: TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING
LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD SOUTH OF
I-84 & EAST OF TEARE AVE
_, TAMMY DE WEERD P/Z
MALCOLM MACCOY
P/Z MERIDIAN SCHOOL DISTRICT
,
THOMAS BARBEIRO
P/Z -MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
,
_BYR~ON SMITH, P/Z ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
-KEITH BORUP, P/Z
ROBERT CORRIE
MAYOR CENTRAL DISTRICT HEALTH
-,
,
_RON ANDERSON, C/C NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
-CHARLIE ROUNTREE, C/C
t_KEITH BIRD
C/C IDAHO POWER CO.(PRELIM & FINAL PLAT)
,
-GLENN BENTLEY, C/C U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
-WATER DEPARTMENT
SEWER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL)
-
BUILDING DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT
-
FIRE DEPARTMENT ADA COUNTY (ANNEXATION)
POLICE DEPARTMENT YOUR CONCISE RE K
CITY;ATTORNEY
-CITY ENGINEER
-CITY PLANNER . ~ ~
Mayor HUB OF TREASURE VALLEY
ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT
~n il M m rt
CITY OF MERIDIAN
P~iB~~c ~~oRK
CHARLES ROUNTREE s
33 EAST IDAHO BUILDING DEPARTMENT
GLENN BENTLEY MERIDIAN, IDAHO 83642 ('°!~~ x~~-'-'-I I
RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING
KEITH BIRD DEPARTMENT
F (208) 88-t-S33
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 and Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: June 10, 1999
TRANSMITTAL DATE: May 11, 1999 HEARING DATE: June 17, 1999
FILE NUMBER: CUP-99-016
REQUEST: CONDITIONAL USE PERMIT FOR CHURCH PARKING RECREATIONAL
USES AND CONTRACTOR'S BUSINESS
BY: TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING
LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD SOUTH OF
I-84 & EAST OF TEARE'AVE
,_ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT
MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT
_BYRON SMITH, P2 ADA PLANNING ASSOCIATION
-KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH
,-ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT
_RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT
-CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT)
-KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT)
,-GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
-WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL)'
-SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT
BUILDING DEPARTMENT ADA COUNTY (ANNEXATION)
FIRE DEPARTMENT
-POLICE DEPARTMENT
YOUR CONCISE REMARKS:
~ ~ o ` / /
CITY ATTORNEY _
-CITY ENGINEER L(_ (j~q.yl„z r ,~',Qr ~/o~.,~ ~ / ~~ ~,g ,~fS ~~1; CL.
-CITY PLANNER
5'c.c r /-} c c~ c,v; u _ n/ .~ ~ c -f a i3 ~ /~~v
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/ NUB `OF TREASURE VALLEY.
Mayor
ROBERT D. CORR~ A Good Place to Live
co~n~;l Members CITY OF MERIDIAN
CHARLES ROUNTREE 33 EAST IDAHO
GLENN BENTLEY MERIDIAN, IDAHO 83642
RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813
KEITH B[RD
LEGAL DEPARTMENT
(208) 88a--t'6a
PUBLIC WORKS
BUILDING DEPARTMENT
('_08)887-'211
PLANNING AND ZONING
.DEPARTMENT
('_08) 881-5533
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 and Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: June 10, 1999
TRANSMITTAL DATE: May 11, 1999 HEARING DATE: June 17, 1999
FILE NUMBER: CUP-99-016
REQUEST:_ CONDITIONAL USE PERMIT FOR CHURCH PARKING, RECREATIONAL
USES AND CONTRACTOR'S BUSINESS
BY: TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING
LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD, SOUTH OF
I-84 & EAST OF TEARE AVE
- TAMMY DE WEERD P/Z
MALCOLM MACCOY, P2
THOMAS BARBEIRO, P2
BYRON SMITH, P/Z
KEITH BORUP, P/Z
^ROBERT CORRiE, MAYOR
RON ANDERSON, CiC
CHARLIE ROUNTREE, C/C
rKEITH BIRD,. C/C
_IGLENN BENTLEY, C/C
_~VVATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
_POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL)
IDAHO TRANSPORTATION DEPARTMENT
ADA COUNTY. (AN~N~EXATION) l~
YOUR CONCISE REMARKS: /VU __ ~~i~-/~-f
CENTRAL CEN { tZAL DISTRICT HEALTH DEPART 1~1ENT
••
Rezone # _ ~,~ .~,~ r
ti' `.r
Conditional Use # L-~ f c7 ci -O/ 6
Preliminary /Final /Short Plat
Return to:
^ Boise
^ Eagle
^ Garden City
Meridian
Kuna
. ^ Acz
~l. 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 wil4 require more data concerning the depth of:
^ high seasonal ground water ^ waste flow characteristics
^ or bedrock from original grade ^ other
^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
^ 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 {fines ^ central water
^ 10. Run-off is not to create a mosquito breeding problem.
^ I I. This Department would recommend .deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
^ 13. 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
^ 14. Date: / /
Reviewed: By:
DISTRICT Environmental Health Division
~'1'HEALTH
DEPARTMENT -- -_ ~ -~, - . _ _ _ ._
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CDHD ID/91 r~. «~. u9, Review Sheet
"REPAIR & REROO~"~
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Kendall M. Doty
Mobile: 887-5096 ~ 1• Office: (208} 887-1775
ROOFING, INC.
Cellular: 850-2313 ~ 2190 S. Locust Grove Fax^ (208) 595-0738
• Meridian, ID 83642
DATE: Apri129, 1999
TO: City of Meridian- ~~~~I ~~
ATTN: Sherry Stihls ~ L ~) i 7 X999
Cit~i of ~4~ ri:Yian_
RE: Materials used on Overland Property belonging to K.D. Roofing, Inc. City Cierk C)tfice
Roofing - 40-year Presidentials
Vinyl Siding
Metal Soffet & Facia
Wood Structure
Wood Trusses - 5/12 pitch
If you have any question, feel free to give me a call - 887-1775 or 850-2313.
Thank you,
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DATE: April 29, 1999 T ~~ "
TO: City of Meridian k "`~ t~ 1~ `. ,
ATTN: Sherry Stihls --.
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RE: Materials used on Overland Property belonging to K.D. Roofing, Inc.
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Vinyl Siding
Metal Soffet & Facia
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Thank you,
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