HomeMy WebLinkAboutLDS Church AZ• HUB OF TREASURE VALLEY
Mayor LEGAL DEPARTMENT
ROBERT D. CORRIE A Good Place to Live ~
(_OS) 88-4-4_6d
Council Members CITY OF MERIDIAN PUBLIC WORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887 ?Z 11
RON ANDERSON Phone {208) 888-4433 • Fax {208) 887-481~~c~~~NING AND ZONING
DEPARTMENT
KEITH BIRD MAR 0 2 1999 (208) 88.3-5533
City of Meridian
City CIerk Office
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: April 6 1999
TRANSMITTAL DATE: February 25, 1999 HEARING DATE: April 13, .1999
FILE NUMBER: AZ-99-003
REQUEST: ANNEXATION & ZONING OF 5 ACRES
BY: LOMBARD CONRAD ARCHITECTS
LOCATION OF PROPERTY OR PROJECT: 1985 BLACK CAT
TAMMY DE WEERD P/Z ( MERIDIAN SCHOOL DISTRICT
MALCOLM MACCOY, P/Z
MARK NELSON, 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 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 CONf~I$Ey~MARKS:
3 ~'
NOTICE OF HEARING
NOTIGE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, -that the City Council of the City of Meridian will hold
a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the
hour of 7:30 p.m. on May 18, 1999, for the purpose of reviewing and considering the
application of Lombard Conrad Architects for annexation and zoning of approximately 5
acres of land which is located at 1985 Black Cat Road. The applicant requests a zone
of L-O.
A more particular description of the above property is on~flle in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street; and is available for inspec#ion during
regular business hours.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 26th day of April, 1999.
WILLIAM G. B RG, JR., LERK
.PUBLISH April 2$ and May 12, 1999.
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** TX CONFIRMA~N REPORT **
DATE TIME TO/FROM
07 04/26 10 30 208 888 1097
AS OF APR 26 '''~'I10~31 PAGE. 01
CITY OF MERIDIAN
MODE MIN/SEC PGS CMDt# STATUS
EC--S 00'27" 001 191 OK.
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold
a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the
hour of 7:30 p.m. on May 18, 1999, for the purpose of reviewing and considering the
application of Lombard Conrad Architects for annexation and zoning of approximately 5
acres of land which is located at 1985 Black Cat Road. The applicant requests a zone
of L-O.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available fvr inspection during
regular business hours.
A copy of the application is available upon n3quest. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 26~' day of April, 1999.
WILLIAM G. BERG, JR., CITY CLERK
PUBLISH Apri128 and May 12, 1999.
~~,. .,~
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN- pursuant to the Ordinances of-the City of Meridian
and the Laws of the State of Idaho, that the Planning and Zoning Commission of the
City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, at the hour of 7:00 p.m. on April 13, 1999, for the purpose of reviewing
and considering the application of Lombard Conrad Architects for annexation and
zoning of approximately 5 acres of land which is located at 1985 Black Cat Road. The
applicant requests a zone of L-O.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 22"d day of March, 1999.
~~ M
ILLIAM G. BE G, JR., C ERK
PUBLISH March 24 & April 7, 1999
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** TX CONFIRM~N REPORT **
AS OF MAR 22 16:54 PAGE.01
CITY OF MERIDIAN
DATE TIME TO/FROM
18 03/22 16:54 208 888 1097
MODE MIN/SEC PGS CMD~ STATUS
EC--S 00'31" 001 029 OK
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian
and the Laws of the State of Idaho, that the Planning and Zoning Commission of the
City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, at the hour of 7;00 p.m. on April 13, 1999, for the purpose of reviewing
and considering the application of Lombard Conrad Architects for annexation and
zoning of approximately 5 acres of land which is located at 1985 Black Cat Road. The
applicant requests a zone of L-O.
A more particular description of the above property is on file in the City Clerk's
office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during
regular business hours.
A Copy of the application is available upon request. Any and all interested
persons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 22nd day of March, 1999.
PUBLISH March 24 ~ April 7, 1999.
ILLIAM G. BE G, JR., C ERK
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'~ HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT
(208) 884-4264
CITY OF MERIDIAN
Council Members PUBLIC WORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
(208) 887-2211
GLENN BENTLEY MERIDIAN, IDAHO 83642
RON ANDERSON Phone (208) 88$-4433 • Fax (208) 887-4813 PLANNING AND ZONING
DEPARTMENT
KEITH BIRD (208) 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: April 6 1999
TRANSMITTAL DATE: February 25, 1999 HEARING DATE: April 13, 1999
FILE NUMBER: AZ-99-003
REQUEST: ANNEXATION & ZONING OF 5-ACRES
BY: LOMBARD CONRAD ARCHITECTS
LOCATION OF PROPERTY OR PROJECT: 1985 BLACK CAT
TAMMY DE WEERD P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, 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 RECL,gMATION(PRELIM & FINAL)
IDAHO TRANSPORTATION DEPARTMENT
ADA COUNTY (ANNEXATION)
YOUR CONCISE REMARKS:
•
CITY OF MERIDIAN
33 East Idaho Street, Meridian, ID 83642
Phone: (208) 888-4433
Fax: (208) 887-4813
Ec~
FEB 1 7 t°J9
~'1'Y OF MERI'F'.•:r~~1
PI~~~NNING & ZOiv~IvG
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APPLICATION FOR ANNEXATION AND ZONING OR REZONE
PROPOSED NAME OF SUBDIVISION: w
GENERAL LOCATION: l ~ SS ~~-~=' ~-~~
TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): ~ir1M.~~i,ort_.. ~c.4-~1u~~
ACRES OF LAND IN PROPOSED ANNEXATION: ~
PRESENT LAND USE: t-~~C
PROPOSED LAND USE: ~ S c Hv M:.c- t'+
PRESENT ZONING DISTRICT: ~T ~A G~n~
PROPOSED ZONING DISTRICT:
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APPLICANT: Ca-~. ~, TS PHONE: La~~ 3~15~~co~?
ADDRESS: I~ 1 S !-}o~i_.t Yl~ ao~ ~ ~ ~7°~
ENGINEER, SURVEYOR, OR PLANNER: , • ~ • ~~ s ~-~~~ Co • PHONE: ~~ 34 `~ ' o18s
ADDRESS: I X16 S S ~~~+-~ d 80~~' . -~ ~3?oS~
-'T'f{-E~ Gp~-Po~io-'~ of 7'N'~ ~R~a~p~r~ct
$~k~ oF' 7~FE Lt{dPrc.E4 C3 ~' .~ESoS
OWNER(S) OF RECORD: GG~ 2c5'1- o~ L~-~2 t~-e1 `~'^ T~ PHONE:
ADDRESS:
Si tore f Applicant 1 ~/~~
•
February 3, 1999
Ms. Sherry Stiles
Meridian Planning and Zoning Dept.
200 E. Carlton
Meridian, ID 83642
REC~IVEI~
FE 6 - 4 1999
North America NW.
Re: LDS/CHERRY LANE BLACKCAT STAKE -ANNEXATION
LCA N° 98031.01 4-d '
Dear Sherry:
Please find an attached application for annexation of a 5-acre parcel located at 1985 Blackcat Road. The
property, recently purchased by the Church of Jesus Christ ofLatter-Day Saints, is planned to have a
26,000 sq. ft. stake center constructed on it within the next year.
The properly is currently located in Ada County in an "RT" zone and is occupied with an existing residence
which will be removed. I am proposing the property be rezoned to an "LO"zone due to the nature of the
project. We feel that the property which currently borders the city limits, will be better served by the
Meridian public agencies and will make all efforts to assist the City in coordinating and extending the
necessary utilities to the site.
I will see that the subject property is posted prior to all hearings as required and I have compiled this
information which I believe to be accurate and true with the direct assistance of the current property
owners.
Please feel free to call me with any questions that you may have regarding this application or if you need
additional information.
Sincerely,
LOMBAR~-CONRAD PS;I~CHITECTS, PA
Steve Ammons, AIA
President
cc: John Koudelka
98031.01 Meridian Planning and Zoning Letter 020399 SSjb
LOMBARD-CONRAD, ARCHITECTS, P.A. • 1221 SHORELINE LANE, BOISE, IDAHO 83702-6880 • (208) 345-6677 • FAX (208) 344-9002
1250 LAMOILLE HWY., #520, ELKO, NEVADA 89801 • (702) 778-9494 • FAX (702) 778-0495
19800 VILLAGE OFFICE COURT, #103, BEND, OREGON 97702 • (541) 382-9887 • FAX (541) 385-8816
Since 1972
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~~_. .
~-~-- ~ DATE: February 15, 1999
~--~r
TO: Brad Hawkins-Clark
Meridian Planning & Zoning Department
--,
~~~~ FROM: Steve Simmons
i
SUBJECT: L.D.S. Cherry Lane, Parkside Stake
98031.01 4d .
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Brad,
On behalf of the Church of Jesus Christ of Latter Day Saints
I am requesting a zoning amendment that will change the property
located at 1985 Blackcat Road (see attached legal description) from an
Ada County designation "RT" zone to an "LO" zone within the City of
Meridian. I hav al description of the property for your
use as r uested.
Please feel free to call ith y question ou may have.
Sincer ly,
~-
Ste n M. Simmons A.I.A.
State of Idaho )
S.S.
County of Ada )
On this ILj7H day of )vE U , in the year of 1999, before
Suzanne Nielsen, personally appeared Steven M. Simmons,
proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is (are) subscribed to the within instrument, and acknowledged
that he (she) (they) executed the same.
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Not Public
My Commissio xpires on b ~ .l5 .?U~5
From the desk of
Steven M. Simmons A.I.A.
President
LOMBARD-CONRAD ARCHITECTS, PA
1221 SHORELINE LANE
BOISE, IDAHO 83702
(208) 345-6677
Fax: (208)344-9002
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AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
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COUNTY OF ADA )
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I, J . o+~-~ ~. ~ u~l~ ~.,Kg~Gi~ a 7~0 ~u~y~2rs~ ~~rn ~-~. ~
(name) (address)
being first duly sworn upon
O ~ S ~- ~~ 7 L7 ~, ~ oath, despose and say:
(city) (state)
1. That I am the record owner of the property described on the attached, and I grant my permission
to
Lombard-Conrad Architects , 1221 Shoreline Lane, Boise, ID 83702
(name) (address)
to submit the accompanying application pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any
claim or liability resulting from any dispute as to the statements contained herein or as to the
ownership of the property which is the subject of the application.
Dated this ~ day of ~ Z u +4R. , 19
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
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98031.01 Affidavit of Legal Interest 4-d
Keslciing at ' yi9rrif~it
~~, '~~ ~ FEB-04-99 THU 10 ; 56 AM R L ESTATE FAX N0. 8 40 2913 P, 03
' FILE NO.: P171640 ~,
EXHIBIT A ,
A TRACT OF LAND IN THE SOUTHEAST 1/4 SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP
3 NORTH,°RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE
PARTICULARLY DESGRISED AS FOLLOWS:
8EGTNNING AT°A POINT ON THE SECTION LINE WHICH BEARS NORTH 0 DEGREE- ~ ,
17'1.0" EASY, 1064.62 FEET FROM TfI~ SECTION CORNER-COMMON TO SECTIONS 3,
4, 9 AND_10, TOWNSHIP 3 NORTH, RANGE 1 WEST,~BOISE MERIDIAN, THENCE ,.
NORTH 0 OE(~REE.17'10" EAST ALONG THE SECTION LINE, 411.34 FEET TO A POINT;
THENCE
NORTFI 89 DEGREES 39'2Q" WEST, 629.54 FEET TO A STEEL PIN; THENCE
SOUTH 0 DEGREE 17'10" WEST, 411.34 FEET 70`A STEEL PIN; THENCE
k SOUTH 89 DEGREES'39'20" EAST, 529.54 FEET TO THE POINT' OP BEGINNING. ~~
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END' OF LEGAL bESCRIPTION
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PIONEER TITLE COMTANY
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f1550-8754
FAX N0, 801 240 2913 P, 02
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DOISE, LOA;{D FFF 1Y, y DEPU7
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l.in Chureh Tar Appdmtnis[ra[ion 12nd Flnor
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Reviewed and approved by;
SPACE A110VL• TOk kl'sCl1kD[N(l DATA
,1.uw! IUSEJ:?p;>Q~1 A3>ZA?!); /i7:>a~?~1??f)!?/1I,7tw~Pt1t.?pi?(jc,7(,t 7~?(~(~1«1.1i.?A~AP113111t7A~?11~ P4C?(1i?DiPU~PA~PI;~ >~'.IOiA~
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FOR VAI.UI? Ri'CUtYLD k0$ER'J' L. WHITE, JR. and MARII,YN k. WHITE, Husband and Wifc
GRANTOR(s) does (do) hereby GRANT, BARGAIN. SCLG and CONVEY umo CORPORATION OF TIIE PRESIDING ~
BISHOP OF THh' C1IUACH OF JESUS CHRIST 6P J,ATTiaR-DAY 5AINTS, a Utah corporation sole, 3
GRAN'1'Lh(S), whose current address 1s: 50 bast North Temple Street, 12th Floor East, Salt Lake Ci,ty~
the following ticscribed real property in Utah $4150 Ads County, Slate of Idaho,
more parllcularly describcrf as follows, to wit:
SEE LEGAL, D1;SCRIPTION,`EXHI$IT "A", ATTACHED HERETO AND MADE`A PART HER1;01! A23D
CONSISTING OF ONF (i) PAGE.
Tax Parcel No,'s 51204449500 and 51204449450 s~
TO HAV[; AND TO F{OLD the said premises, with their appurtenances unto the said t7ranlee(s), and Orantees(s) heirs and assigns ~'
forever. And the said Grantor(s) dots (do) hereby covenant to and with the said Grantee(s), the Graluar(s) is/arc the owner(s) in [cc
simple of said premises; thm said prcndses are free from ail encun+branees, &XCEPT those to which this conveyance is expressly made %r
subject and those made, suffered or done by the Grantee(s); and subject to rescrvatiot+s, t'2striciions, dedications, tascments, rights of
way and agreolnclits, (if any) of record, and general taxes and assessments, indud4~s irrigation and utlllty assessments, (if any) for Ilte y
currrnt your, which art not yet due and payable, aril that Oran or(s) wilt warrant and defend the same from all lawful claims
whatsoever.
Dared: ~J'
BERT I,. WHITE, JR, MARILYN K, ITE~~~,.. ~~
S'1'A'rl? OPG~ ~-~IjDJAHO , County of _~da , ~, '
On this T.1 . ,1.,_`'^sl,,,~_ day of ~,._._~ [.l~ n'Yl ~ ;n Ihu year of 1998 _„ before me
flee underN)',gst~ q~ _ a Notary pt~b-;c, personally appeared ~
RUI3~R ~ 3>Tr~.e•.and MARILYN 1C. WHITE ~~
known or iil~i 'loyge tr~yl~ 1 Qrson(a) whose name(s) are subscribed to the within
•~ lnsvutneat,~lnt •ktA~vl~ige~to ~ib,{ha[ t he ,~ executed the sam
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832157 WARRANTY DEED
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DON L,*SAXTON AND MARY ANN SAX ~~
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SAXTON AND ELLEN A
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the grantors do hereb ''~
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PARCEL I3 - SAXTON SUBDIVISION
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A tra.c~ of Land in the~SE 1/4 of Section 4. T, 3 N„ R, 1 W,
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pazticularly described as follows;
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Beginning at a point on the section line which bears N. 0°17'10" E. , 1064, 62
feet from the section corn
er common to Sections 3, 4. 9 and 10, T. 3 N,, R,
1 W-. B, M,, thence N, 0°17'!0" E. along the se
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ne, 411,34 feet to a
point; thence N. 89°39'20" W,, 529,54-feet to a steel pin• the
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411, 34 feet to a steel pin; thence S, 89°39'20" E,, 529.54 feet to the point of
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a
tract of land contains 5, 000 acres, more or less, subject to ease-
ments of record or i
.n use, and subject to an easemc:tt for ingress and egress
across the southerly 25 felt of the above-described
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;,ct, except ditch, road
and canal rights-of-way and easements tcigether with
ll
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water, water rights,
ditches and ditch rights and
ow
p
er easements of record or in use.
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• • 2
L ll S lurch (ICuna & Black Cat Roads )
An 8 Acre parcel lying in the N E ~ N E ~ of Section 28, T-2-N, R-1-W,
B. M., Ada bounty, Idaho. Being more Exu titularly described as follows;
Beginning at the N E corner of Section 28, '1'-2-N, R-1-W, B. M., Ada
County, Idaho and the real point of beginning; thenoe S 0° 05' 20" W 421.00
feet along the section line (the Centerline of S, Black Cat Road) to a point;
thence N 90° 00' 00" W 770.31 feet.to a point on the centerline of the Benton
~-atera.l; thence N 15° 17' 00" W 436.43 feet along said centerline to a point
on a bridge; thence S 90° OU' UU" E 886,00 feet along the section line (the
centerline of W. Kona Road) to a point, the teat point of beginning.
Said parcel contairtiny 8.00 Acres, more or Less.
Inclr~ding a road right of way along the north & east sides and an ilTlga_
tion lateral along the west side of the above described parcel and any other
existing easements or rights of way.
I, J. R. Wei.ssrock, a registered T~and Surveyor in the state of Idaho, do
hereby certify that"I made a survey of the property described above, I further
certify that the above description correctly shows the true dimensions of the
proPe~-"tY surveyed • _ .l ~-1
.~
__ ._- _ .. r na
• •
LL~S Q~[.lfl(~ (K[JNp, & aL,A~ CAT ~~) ADDI'IT~L ROAD R.IC~iT OF WAY
A 5.00 foot wide by 388.00 foot i
way along the west side of S. Black Cat Road be Used as additional right of
NE ~ of Section 28, T-2-N, R-1-W B, ~ located in the NE ~, NE..'~.
Particularly described as follows: M'~ Ada County, Idaho. Being rmre
Beginning at the NE ooa_-r~x of Section 'l8, T-2-N, R-1-W, B. M., Ada County,
Idaho; thence N 90° 00' 00" W 25.00 feet along the section line (the centerline
of W. Kama Road) to a point; thence 5 0° 05' 20" W 33.00 feet parallel to the
east .section line of said Section 28 (the centerline of S. Black Cat Road) and
the real. point of beginning; thence continuing s 0° 05' 20" W 388.00 feet"to a
point; thence N 90~ 00' 00" W 5.00 feet to a point; thence N 0° O5' 20" E
388.00 feet to a point; thence S 90° 00' 00" E 5.00 feet to a point, the real
point of beginning.
.~
Said. Parc-'el. cx~rita:ir~ireg 1940 square feet, more or Iess _
Including any existing eas~x~~riLs Czu rights of way.
N@'1~90"E
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• •
REcErv~D
~,~ March 24,1999 MAR 2 5 1999
City of Meridian,.
~~ Lombard Conrad Architects City Clerk ®ffice
1221 Shoreline Drive
Boise, ID 83702.
~ Re: Staff Level Approval
MAZ99-003 1985 Black Cat Road Rezone and Annexation
~.
~~ Facts and Findings:
C~
A. The Ada County Highway District (ACRD) staff has received the above referenced application
requesting annexation to the City of Meridian and a rezone from RT to LO. The 5.0-acre site'is
located on the west side of Black Cat Road approximately 1,300-feet north of Cherry Lane.
This development is estimated to generate 300 additional (10 existing) vehicle trips per day
~ based on the Institute of Transportation Engineers Trip Generation manual.
B. The application and site plan stamped as received by the City-of Meridian on February 17, 1999,
~~~-~ and submitted to the District on March 1, 1999, have been reviewed by the ACRD Planning and
C~ Development staff and conforms to applicable District standards/policy, or can be made to
~~~ conform with the change(s) to the plan described in the requirements stated below.
This is a staff level approval and will not be heard by the ACHD Commission unless the site
plan is changed in such a manner as to not conform with District standards/policy or an appeal
of the Planning and Development staff decision is submitted as described within the Standard
Requirements outlined below.
~+ If the rezone is approved and the District receives a development proposal, the District intends to
~~ provide the following requirements, in addition to any additional requirements that may apply
~~ upon District review of future development, to the City County:
Site Specific Requirements:
~ 1. Dedicate 48-feet ofright-of--way from the centerline of Black Cat 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 ACHD
Ordinance #188.
•
2. Utility street cuts in the new pavement are not allowed unless approved in writing by the District.
Contact Construction Services at 387-6280 (with file number) for details.
4~3. Construct a 5-foot wide detached concrete sidewalk on Black Cat Road abutting the site. Locate
~ the sidewalk within two-feet of the right-of--way of Black Cat Road. Coordinate the location,
~~ elevation and grade of the sidewalk with District staff.
~Z~
4. Locate all driveways a minimum of 220-feet from the nearest existing/proposed driveway on
Black Cat Road. Construct all driveways on Black Cat Road as 24 to 30-foot wide curb return
~ driveways. Pave the driveway its full required width and at least 30-feet beyond the edge of
pavement of Black Cat Road and install pavement tapers with 15-foot radii abutting the existing
roadway edge.
-~-->
~~---~5. Submit a site plan showing all existing and proposed driveways~on Black Cat Road located
within 200-feet either side of the north and south property lines.
.-~
~6. As required by District policy, restrictions on the width, number and locations of driveways,
shall be placed on future development of this parcel.
~ Standard Requirements:
_,~_,1. This decision of the Planning and Development Supervisor may be appealed to the Ada County
~~---~ Highway District Commission by the applicant or by another party within 15 calendar days from
C~ the date of this report. The request shali~pecifically id n ify each rea ~irPmPnt to hP
^~
~~~ rec~ered and inch~de a wri n xplanatinn of why ~nrh a ra4 ,irPmPn+ wo ild rP~nlt in a
substantial hard~hi or in .qhi v The request will be heard by the District Commission at an
evening meeting within 20 calendar days of the District's receipt of the appeal letter. The
appellant will be notified of the date and time of the Commission meeting.
~ •.
2. After ACRD Commission action, any request for reconsideration of the Commission's action
shall be made in writing to the Planning and Development Supervisor within two days of the.:
G.~~ action and shall include a minimum fee of $110.00. The re4ue~t for reconsiders ion hall
C~ specifically id n ify each requirPn,Pnt m hP rarnnciriarari and inrl„r1A Wrl n d0 umPntatlnn of
data that was not availahlP to the ommiS~inn at the t;,,,P n4';t'c nr;binal decl ion The request
for reconsideration will be heard by the District Commission at the next regular meeting of the
Commission. If the Commission agrees to reconsider the action, the applicant will be notified of
the date and time of the Commission meeting at which the reconsideration will be heard.
3. Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance.
~-
CCj
~~--~
MAZ99003.SLA
Page 2
•
4. All design and- construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACRD Ordinances unless specifically waived herein.
5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes..
~~
~6. Construction, use and property development shall,be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all Hiles, regulations, ordinances, plans, or
~ other regulatory and legal restrictions in force at the time the applicant or its successors in
interest advises the Highway District of its intent to change the planned use of the subject
property unless awaiver/variance of said requirements or other legal relief is granted pursuant to
C+ the law in effect at the time the change in use is sought.
~8. No change in the terms and conditions of this approval shall be valid unless they are in writing
~~ and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
~ Conclusion of Law:
~~ 1. ACHD requirements are intended to assure that the proposed use/development will not place an
~--F---~ undue burden on the existing vehicular and pedestrian transportation system within the vicinity
C~ impacted by the proposed development.
r---~
Should you have any questions or comments, please contact the ACRD Planning and Development staff
at 387-6170.
~~ Sincerely,
C~ 'Larry Sale.
CC~Planning and Development Supervisor
~~
~~cc: Project file
Lead agency
~-~-~
C~
~~
MAZ99003.SLA
Page 3
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cENTRA~ ~ CEN AL DISTRICT HEALTH DEPAR ENT.
•~• DISTRICT ~ Environmental Health Divisions
^^ ^ HEALTH '~ , Retur"n to:
~~ ^ Boise
DEPARTMENT " r~~ ^ Eagle
Rezone # ~ MAR o-~-rg~ ^ Garden City
,~ Meridian
Conditional Use # ~ C't~' o~ ~-~~'r,:TQU ^ Kuna
F Preliminary /-Final /Short Plat City Clerk ®ffice ^ ACZ ,
F. '
^ WI.
^ 2.
^ 3.
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^ 5.
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^ 9
^ 10.
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^ 13.
^ 14.
We have No Objections to this Proposal.
We recommend Denial of this Proposal.
A r
Specific knowledge as to the exact type of use must~be provided before we can comment on this Proposal.
We will require more data concerning soil `conditions on this Proposal before we can comment.
Before we can icomment concerning individual sewage disposal, we will require more data concerning th'e depth of:
^ high seasonal ground water ^ waste flow characteristics
^ or bedrock from original grade ^ other
This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
i s
This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
'water availability.
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
The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality: '
^ central sewage ^ community sewage system ^ community water
^ sewage dry lines ^ central water
Run-off is not to, create a mosquito breeding problem.
This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate"approval. ,,
Ifjresfr•oom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
a '
We will require plans be submitted fora plan'review~for any
^ food establishment ^ swimming pools or spas ^ child care center
^~ beverage establishment ^ grocery store
r - ~ ~ Date: `5 / ~ '
' .---~
Reviewed By:
~.
~p ~ ~ r
~ ~ _ ~ Review Sheet,
CDND 10/91 rcb, nr. 1191 A
` ~.
SCE ,
R '~D
t Tr7~QR - 5 119g9~9
ORGANIZED 1904 C11 i ®F 111.R~1;1,~)„/
• . ~ • . ~• •
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
3 March 1999 Phones: Area Code 208
'~ •~ OFFICE: Nampa 466-7861
Will Berg, City Clerk SHOP: Nampa 466-0663
City of Meridian
33 East Idaho
Meridian, ID 83642
RE: Annexation & Zoning of 5 Acres -Lombard Conrad Architects
Dear Commissioners:
I - .~.
F
~ The Nampa & Meridian Irrigation District hasr no comment on the annexation and zoning,
however, the District's Safford Lateral courses through the north boundary of the project. The
right-of--way of the Safford Lateral is 45~feet; 15 -feet to'the left and 30 feet to the right of center
f facing downstream. '~
Sincerely, '~~
~~~~~ ~~
Bill Henson, Asst. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT ~~
BH: dln
cc: File -Shop
File -Office
Water Superintendent
j, :.: ~..
- _ .. _.. .
~~ - t
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
N0'11'10"E
411.34'
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PACI~ ~
SANTA FE
March 26, 1999
City of Meridian
Planning and Zoning Commission
33 East Idaho
Meridian, Idaho 83642
Subject: Benchmark Land Company-Turnberry Crossings II, LLC
Public Hearing Application by Lombard Conrad Architects
Annexation and Zoning of 5 Acres at 1985 Black Cat Road
Dear Planning and Zoning Commission Members:
Regular Mail
We have reviewed a copy of the site plan for the proposed church to be constructed at 1985 Black
Cat Road. We feel that the church will be an excellent neighbor and a valuable part of the community
being created on Black Cat Road. We encourage you to support their request for annexation and
rezoning.
Please call me at 503-670-5437 if I can be of further assistance.
Sincerely,
BENCHMARK LAND COMPANY - Turnberry Crossings II, LLC
Pacific S a Fe Corporation, Manager & Member
~~ ---
-_
J n night
P 'ect Manager
cc: Lombard -Conrad Architects (1221 Shoreline Ln. Boise, ID 83702-6882)
file
,., ~ ,, ..
.,
17700 SW Upper Boones Ferry Road, Suite 100 Portland, Oregon 97224-7010
503-670-9300 Facsimile: 503-670-9400
~ _~
MERIDIAN PLANNING AND ZONING MEETING: APRIL 13. 1999
APPLICANT; LOMBARD CONRAD ARCHRECTS ITEM NUMBER: $
REQUEST:__ ANNEXATION >~ ZONING OF 5 ACRES FOR L-O ZONE
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY SEWER DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
COMMENTS
SEE ATTACHED LETTER
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
REVIEWED
REVIEWED
REVIEWED
SEE ATTACHED COMMENTS
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IFtR1GAT10N
SETTLERS IRRIGATION:
IDAHO POWER:
uS wEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTWER:
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS ~~
~d1,6
~^ ' G. ~
I. ~~1'_
~ ~~ W
All Materials presented at public meetings shall become property of the C' of Meridian.
,~ S I~ e u91~'~.. cue-cam'
~~f 5 - l0(~~1 ~( ~ev~ S ~ -~-~ tM;S
I ~ ,~
** TX STATUS REPORT *~
DATE TIME TOiFROM
31 04109 11 43 2083449002
200 E. Carlton, Ste. 201
Meridian, ID 83642
Phone: 984-5533
Fax 887-1297
Fa~c
AS OF APR 09 '99 11 43 PAGE. 01
PUBLIC LJORKS
MODE MINiSEC PGS CMDti STATUS
EC--S 00'34" 004 226 OK
Yo: Steve Si''~mor'1s ' ~.ombard From: Sonya Day
c_o n row
Fax: 3,y - q 00 Z Date: ~{ - y -q
Phone: Pages: '~ (Inducting cover sheet)
Re: L,ps Church ~--'tne c` .o - CC:
~/ Comments
^ Urgent ~ For Review ^ Please Comment ^ Please Reply ^ Please Recyr-ae
•Commerrts:
~ ~
~------~ DATE: February 5, 1999
TO: Sherry Stiles
~~ Meridian Planning and Development
~' FROM: Steve Simmons
SUBJECT: L.D.S. Cherrylane & Parkside Stake r
98031.01 4d
~~~'
4- ~~ .. ,..._f.
Dear Sherry,
Attached please find a submittal for the annexation of the
~'~---~ property located at 1985 Blackcat road. I am expecting a check
..~~~
from Salt Lake next week and was informed that you may be able
rf~ to review the packet and see if all of the information needed is there.
`--F '`--~~+
°-~ `~---'~ I have enclosed a de ~ r of explanation for your review.
~. ~*~ ~ Thanks,
~~
Steven Simmons A.I.A.
~---~,
`~---
~~~~ ,
~~ ~ .
I
_,_, From the desk of...
Steve M. Simmons A.I.A.
LOMBARD-CONRAD ARCHITECTS, PA
1221 SHORELINE LANE
BOISE, IDAHO 83702
r~~~~~ (208) 345-6677
1
;~.m._-~, .,.~_ m.} Fax: (208) 344-9002
~~~ `~FEB-04-99 THU 10:56 AM
82 ...._, .... __.
Tax Slatcmcnls rA be sant ro:
l.pS Church Tax Administrarion 2?nd Floor
SO l9nst Nonh Tempple Street
$$h Salt l.akc City, Uroti 8410>-3670
Reviewed and approved by;
`~ I ~_~ t~~{ ~~ ~~~~I-(~1
R ESTATE
~ r
~IONEER TITLE COMPANY
O~ ADA COUNTY
X550-8754
FAX N0, 801- 40
r.G' ~•I ~ r,•.~
1.1tt Y R..CO ,CF"F
DAVID ttA~kRRO
a01SE, IDA;ID
SP 26 PPS 3~ G~
2913 P, 02
1\L.V VI\VLV n~.r~..~.
PIONE'~p
fEE .,~DEPUT
38Q~2 ~4.
SPACE A130VC rOk kI:CY)RI)tNCr DATA
'S~fl~>r,C ~(jC,r,~}t,1U; ~~`; ASS?•{):?~;?~1~1;?0~ ~,JU,Jj~7~?~?ClC 7j <>~~ LI~~~A ~?O~~AA~ Z11~1.L'jr.1(~?4r ~~>~ X~.14I~,~.1~ ~C-~ 111 A~~~ ~~?:
h~
~~
WARRANTY DEED ~~
~~ ~~
:a (INDIVIDUAL) ~~
%+
y~ FnR Vnl.ill? RT;CIiIVED R03iERT L. WHITE, JR. and MARII,Y'N IC. WHITE, Husband and Wii:c ~''
C:RANTOR(s) does (do) hereby GRANT, BARGAIN, STsLI~ and CONVEY unro CORPORA2ION OF T11E Y'RESIDZNG
..,r .. BISHOP pF THE CIIURCH OF JESUS CHRIST OF I,ATTI;R-DAY SAINTS, a Utah corlioracion sole. ~`
~f
GRAN'!'Lf•:(S), whose current address is: 50 ~;ast: North Temple St:reet:, 12th Floor East, Salt Lake Clty~`~
the following tlcscribed real property in Utah 841$0 Ads County, Slate of Idaho, ~~~
more pat7ic~"Ilarly described as follows, to wit;
SEE LEGAL. DL~SCkIPTION, EXHIi3IT "A'~, ATTACH)rD IiERETO AND MADLr A PART IiERE01~ AND
CONSISTING OFwONF (1) PAGE.
1:
Tax Parcel No.'s S1204449500 and 51204449450
TO HAVE AND TQ HOLD the said premises, with their appurtenances unto the sa)d Grantee(s), and Granrees(s) heirs and assigns
forever. And llic said Grantor(s) does (do) licrcby covenant to and with the said Grantee(s), the Grantor(s) is/arc the owner(s) in fee
sintnlc of said premises; that said premises are free from all cncurnbl'altees, EXCEPT those to which this conveyance is expressly made
subject and those madt, Suffered or done by the Grantee(s); and subjeel to rescrvacious, reslricli4ns, dedications, easements, rights of
way and agr~erncnts, (if any) of record, and general taxes and assessments, includes irrigation and utility assessments, (if any) for the
current yeu, which are poi yel due and payable, and shat Grantor(s) wil[ warrant and defend the same from alt law[ui claims
whatsoever,
Dated:
t.:
. BERT I.. WHITE, JR, MARILYN K. ITE ,"." y~'y
..
? _ r..
..~ f~
S'1'A'1'1? Q>: IDAHO , County of r Ad ~ ' ~~-'
a , ss.
L r '~`- .
' On this
~•~••• se... day oC-..,.M
~~~ ~ ~ , in thu oar of 1.998.. ~~
f'l'ee under 4 t~ ~ , _`_ , a Notary Petblic, personally appeared y -"^ -•~-' before me ~„
RU131;R 4 ' ~ti'r 4,and MARILYN `"'
known or itlcM~l~~'to~gie tale I FIN ~rson(s) whose name(s) are ,w " "- ~,
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•~ instrurttettt,~ind ekt~l~ige~io ~jbttlat~ t he _.L_, executed the same -~
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~•r `~.~ h•rt.Na~~S~ Residing at: BOISE ID ~ _, j,
,rrr4N~8'1 * \o•`• My Commission Expires: - ~~,Q~ off, rC
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CITY OF MERIDIAN
' "Hub of Treasure Valley"
33 E. -Idaho
Meridian, Idaho 83642
888-4433
customer's Z_~-~_qal
Order No. Date
Name LSU
Address
Phone:
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LDS CHURCH -1985 BLACK CAT ~~..
PROPERTY OWNERS WITHIN 300'
BOISE RESEARCH CENTER INC
12426 W EXPLORER DR STE 220
BOISE ID 83713-1S60
N BLACK CAT RD
GOLF VIEW ASSOCIATES L P
PO BOX 3510
KETCHUM ID 83340-3510
4750 W WHITE ASH DR
4728 W WHITE ASH DR
W WHITE ASH DR
4695 W WHITE ASH DR
MILLIRON RICKY V & KATHY L
BENCHMARK LAND CO -
MERIDIAN (QUENZER) L L C
17700 SW UPPER BOONES FERRY RD
SUITE # 100
PORTLAND OR 97224
4973 W RAVENSCROFT ST
5007 W RAVENSCROFT ST
4989 W RAVENSCROFT ST
CARSON PHILIP & WANDA
1947 N BLACK CAT RD
MERIDIAN ID 83642-5363
N BLACK CAT RD
4450 W .CHERRY LN CHURCH OF JESUS CHRIST OF
MERIDIAN ID 83642-5432 LATTER-DAY SAINTS
W CHERRY LANE 50 E NORTH TEMPLE ST
12TH FLOOR EAST
QUENZER EUGENE & ARDYCE SALT LAKE CITY UT 84150
4020 N BLACK CAT RD N BLACK CAT RD
MERIDIAN ID 83642-5330 1985 N BLACK CAT RD
2023 N BLACK CAT RD
ELLIOTT YVETTE MARIE
1923 N BLACK CAT RD
MERIDIAN ID 83642-5363
STAFFORD JOE N & ELEANOR L
1735 N BLACK CAT RD
MERIDIAN ID 83642-5363
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ROBERT D. CORRIE
Mayor
GARY D. SMITH, P.E.
Public Works Director
March 9, 2000
__ _..
Y ~ ~~
CITY OF.~~MERIDIAN
PUBLIC WORKS / BUILDINf'= ~pARTMENT
~ ~
Mr. Tom Scholtens
Building Official
Ada County Development Services
650 Main Street
Boise, Idaho 83702
~~~ ~~ ~
~~,. ~ ~p9
~ ~y ~~
COUNCIL MEMBERS
CHARLES M.ROUNTREE
GLENN R. BENTLEY
RON ANDERSON
KEITH BIRD
R,~cE'R'EI~
MAR - 9 2000
G OF I~RIDIAN
RE: LDS Church Building Permit -Locust Grove Road, South of Overland Road
Dear Mr. Scholtens:
This building site is presently outside the city limits of Meridian, however, city sewer and water
.service exist in Locust Grove Road, adjacent to this site. James Lystrup, architect for this
project, asked the Meridian City Council for approval to connect this building to our water and
sewer system.
The City Council approved his request at their regularly scheduled meeting held on March 7,
2000. As a part of that approval, the project land owner will enter into an agreement with the
City of Meridian to immediately begin application for annexation into the City of Meridian.
Sin erely,
Gary D. Smith, PE
City Engineer
Pc: file, James Lystrup
200 East Carlton, Suite 100 Meridian, Idaho 83642 Phone (208) 887-2211 Fax (208) 887- 1297
F. ~-
~. ~ _ ~
MERIDIAN CITY COUNCIL MEETING:. JUNE 15 1999
APPLICANT: LOMBARD CONRAD ARCHITECTS AGENDA ITEM NUMBER: 7
REQUEST; ANNEXATION AND ZONING OF LDS CHURCH AT 1985 d rdih whc2
AGENCY ~ COMMENTS
CITY CLERK:
F
CITY ENGINEER: ~
CITY PLANNING DIRECTOR:
CITY ATTORNEY: ~~`~1'
SEE ATTA( , I
CITY POLICE DEPT: C!Cv/ `'
I
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE: '
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE: _~p>~
y~
CENTRA
NAMPA~ ~ ~
SETTL ~ jj ~j1O~
ER ''nn~ / ,, I U
~c~ (.Li ~ Z I ~ U
fDAHO ~
,.
US WE` ~~ ~ ~~ I l a---
I
WTER~~
~,
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
JUN 10 '99 16 86 FR CITY' OF MERIDIAN 208 884 4259 TO PUBLIC~~IORKS P.02i07
( • •
r
CITY OP MERIDIAN '
ORDINANCE NO.
AN ORDINANCE F1NllING TX IAT CERTAIN LAND LIES CONTIGUOUS OR
ADJACENT TO THE CITY LIMITS OF THE CI'1`Y Ot= MERIDIAN, COUNTY OF AD11,
STATE OF IDAHO; AND FINll1NG TT-IAT THE OWNER HAS MADE A REQUEST FOR
ANNEXATION 1N WRITING TO THE COUNCIL; ANL~ THAT SAID LAND EE
ANNEXED TO THE (;ITY OF MERIDUIN AND .ZONING DESIGNATED LIMITED
OFFICE DIS'1"1tICT (L-O); AND DECLARING TI IA1" SAID LAND, BY PROPER LEGAL
DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN,
COUNTY OF ADA,` STATE OF 1DAl i0; REPEALING ALL ORll1NANCES,
RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONI=LICT HEREWITH; AND
DiREC'TING THE CITY ENGINEL'-K'1 O AD.D SAID PROPERTY TO Z~ IE OI'l ICIAL MAPS
Ofi THE CITY OF MERIDIAN, IDAIiO; AND DIRECTING THE CLERK OI= TIE CITY OF
N111RID1AN TO I=ILE A CERTIFIED COPY OF "1"111r ORDINANCE AND MAl' 01= TI-iE
AREAS TU BE ANNEXED WIT1-I ADA COUNTY RECORDER, ACJL7ITOR, TREASURER
AND ASSLSSOIZ., AND TFIE STATE TAX COMMISSION OF TFII/ STATE OF I]~AHO,
PURSUANT TO IDAHO CODE SECTION 50-223 AND SEC1"ION 63-221.5.
13E 1"I' OlZ17A1NLD B~1' TIE MAYOR ANI~ THE COUNCIL OF TEIE CITY OF MERIDIAN,
COUNTY OF ADA, STATE OF TDAldO:
SEC'I"ION I .FINDINGS: l'hat the following descrihed land is contiguous and
adjacent to the City of Meridian, Idaho, and chat the City of I~leridian has received a written
request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit:
A tract. of,land in the SE 1/4 SL' 1/4 of Section 4, T. 3 N., R. 1 W., B.M., Ada County,
Idaho, more particularly described as~follows:
Eeg:ln.ning at a point on the section lino. which bears N. 0°17'10" E., 1064.62 feet from
the- section corner common to Sections 3, 4, 9 and 10, '1`. 3 N., R. I W., B.M., thence
N. ~°17'10" E. along the section line, 41 1..34 feet to a point; thence N. 89°39'20" W.,
529.54 feet to a•steel pin; thence S. 0°17'10" W., 411.54 feet to a steel pin; thence S.
89°39'20" E., S19.S4 feet to the point of beginning. Said tract of land contains .5.000
acres, more vz less, subject. to easements of record oz in use, and subject to an easement
fr~r ingress and egress"across the. southerly 25 feet of the above-described tract, except
ditch, road and canal rights-of--way and easements together with all water, water rights,
ditches and ditch rights and power easements of record or in use.
THE CORPORATION OF THE PRESIDING BISHOP OF THE
CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS
ANNEXATION AND ZONING ORDINANCE
,.,;>
t:.
JUN 10 '99 16 86 FR CITY OF MERIDIAN 208 884 4259 TO PUBLIC'IJORKS P.03i07
SECTIUNL: That the above-described real property ybe, and the same is hereby
annc,~ced and made a part: of the City,of Mcridi.an, .Ada County, ldaho.
SECTION 3: That the real property herein by this ordinance annexed to the City of
Mcridzan hereinabove described shall be zoned Limited Office District. (L-0).
SECTION ~: That the City Engineer is hereby directed to alter all use and area maps as
well as the official -coning maps, compxehensive plan and all official maps depicting the
boundaries of the City of Meridian in accordance with this ordinance.. .,.
SECTIONS: The coning designation set forth in Section 3 of this .ordinance is subject
to the terms and. conditions of that certain T~cvelopment Agreement by and between the City
of Meridian and the owner. of the land described in Section 1 dated the day of
1999.
SECTION h: ,All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
SECTION 7: This ordinance shall be in fiill force and effect froze and after its passage,
approval and publication, according to law.
SECTION 8: The Cleric of the Giry o£ Meridian shall, within ten (l 0) days following
the effecuve date of this ordinance, duly file a certified copy of this ordinance and a map
prepared in a draftsman manner plainly and clearly designating the boundaries of the City of
Meridian, including the lands herein annexed, with the following officials of the County of Ada,
State of Idaho, to-wit: the ltccorder, Auditor, Treasurer and Assessor and shall also file
THE CORPORATION OF THE PRESIDING BISHOP OF THE
CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS 2
ANNEXATION AND ZONING ORDINANCE
JUN 10 '99 1607 FR CITY OF MERIDIAN 208 884 425.9 TO PUBLIC FORKS P.04i07
I
simultaneously a certified copy of this ordiz~.ance and map with the .State Tax Commission of
the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223.
PASSED BY THE COUNCIL OF TXIE CITY OF MERIDIAN, 1llAH0, this day
of , 1999.
APPROVED BY THE MAYOR OF TI-!E CYTY OP MERIDIAN, IDAHO, this day
of , 1999. ~ '
{
MAYOR
ATTEST
~tl
CITY CLEIZI~
t
msg\Z:IlNork\M\Meridian 15360M\LDSBIackCaflAZ. ORD,Wf~D'-
THE CORPORATION OF THE PRESIDING BISHOP OF THE
CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS ~- 3
ANNEXATION AND ZONING ORDINANCE ~ -
t
MERIDIAN CITY COUNCIL MEETING:__ MAY 18, 1999
APPLICANT: JAMES AND KAREN HOLLISTER AGENDA ITEM NUMBER:Q4
REQUEST: ORDINANCE FOR ANNEXATION AND ZONING OF YUKON SUBDIVISION ~U
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED ORDINANCE
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:
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BUREAU OF RECLAMATION: ~~
OTHER:
All Materials presented at public meetings shall become
of the City of Meridian.
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MEMORANDUM ~~
~\ i 3' o eri ian
Ciiy Clerk Office
To: Angel Sims
From: Marlene St.
Subject: RESOLUTION, CERTIFICATE OF CLERK and CERTIFICATION OF THE
CITY CLERK /File no. AZ-98-106
Date: April 30, 1999
Angel:
Here are the Resolution and the Certificate of the Clerk for the Hollister
Development Agreement. I have also attached the Certification of the City Clerk
pertaining to the Hollisters Annexation and Zoning Ordinance.
K,
i~ Meridian City Council Meeting
June 15, 1999
Page 29
Berg: Mayor and members of the Council, Mrs. Culver came in and talked with us and
pointed that out thaf they had no intentions to develop the property right away, thought
two years was even more than they anticipated. They felt they were following the
direction of the City Council and the City of Meridian as to be annexed because of the
sewer hook up I believe is what it was, and she was very concerned about the two year,
but she didn't want to delay our benefit, but I don't think a delay is going to benefit one
or the other intentions of getting it right the first time. So I would concur with Mr. Gigray
to make 'sure she's signing the right documents that she feels is best for her property
and the right intent towards the city of which her intentions are.
Gigray: Yeah, and it's all there.
Come: Okay we can table item four and five until the next meeting or what is your
pleasure?
Bird: Mr. Mayor I move that we table the development agreement by Alice Culver at
911 E. Pine and also the annexation and zoning ordinance of Alice Culver at 91.1 E.
Pine until July 6th, 1999 so tha# that she may look at the new development agreement
the attorney has drawn up.
.Anderson: Second.
Corrie: Motion made and second that we table item number 4 and number 5 as stated
until July 6, 1999 meeting. Any further discussion? Hearing none, all those in favor of
the motion say aye. _
MOTION CARRIED: ALL AYES.
6. DEVELOPMENT AGREEMENT BY THE,LD CHURCH AT 198.5 BLACK CAT
ROAD:
Corrie: Mr. Berg, they have signed that t understand.., Is that correct?
Berg: Mayor and members of the Council, they have signed the development
agreement.
Corrie: I'll entertain. a motion on the item number six for the resolution as well.
Bentley: Mr. Mayor, I move we approve the development agreement by the LDS
Church 1985 Black Cat Road, authorize the Mayor to sign and the Clerk to attest and
the resolution.
Bird: Second.
'~ Meridian City Counal Meeting
June 15, 1999
Page 30
Corrie: Do we know the number of the resolution then would be?
Berg: 236.
Corrie: 236, all right. Motion made and second that the development agreement be
approved and the resolution number 236 be approved and the Mayor to sign and the
Clerk to attest. Any.further discussion? Hearing none, all those in favor of the motion
say aye.
MOTION~CARRIED: ALL AYES.
7. ANNEXATION AND ZONING ORDINANCE #829 -- 1985 BLACK CAT ROAD
(LDS CHURCH) j_-_=
Corrie: Mr. Clerk would you read that be title only?
Berg: Mr. Mayor and members of the Council, (ORDINANCE #829 WAS READ BY
TITLE ONLY).
Corrie: All right, is there anyone from the audience who would like to have Ordinance
#829 read in its entirety?
Anderson: Mr. Mayor, 1 would make a motion that we approve Ordinance #829 for the
annexation of the property at 1985 Black Cat Raad with suspension of rules.
Bird: Second.
Corrie: Motion made by Mr. Anderson second by Mr. Bird to approve the annexation
and zoning ordinance #829 with suspension of rules. Any further discussion?
ROLL CALL VOTE: ROUNTREE, YEA. ANDERSON, YEA. BENTLEY, YEA. BIRD,
YEA.
MOTION CARRIED: ALL YEAS.
8. DEVELOPMENT AGREEMENT BY JOINT SCHOOL DISTRICT NO. 2 ON E.
PINE:
Corrie: I guess Mr. Clerk, has the Board~signed that one?
Berg: Mr. Mayor and members of the Council, I do have a signed development
agreement. They met last night and approved the agreement. I will have a copy of the
minutes for my record as soon as they are written. `
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ADA CCt?NTY RECaRt!ER ~,
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~ITY OF MERIDIAN
ORDINANCE NO. ~~ 9
AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR
ADJACENT .TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA,
STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR
ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE
ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LIMITED
OFFICE DISTRICT (L-O); AND DECLARING THAT SAID LAND, BY PROPER LEGAL
DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN,
COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND
DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS
OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF
MERIDIAN TO FILE'A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE
AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER
AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO,
PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215.
BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDLAN,
COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. FINDINGS: That the following described land is contiguous and
adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written
request for annexation to the City of Meridian, Idaho, by the owner of aid Property to-wit:
A tract of land in the SE 1/4 SE 1/4 of Section 4, T. 3 N., R. 1 W., B.M., Ada County,
Idaho, more particularly described as follows:
Beginning at a point on the section line which bears N. 0° 17' 10" E., 1064.62 feet from
the section corner common to Sections 3, 4, 9 and 10, T. 3 N., R. 1 W., B.M., thence
N. 0°17'10" E. along the section Line, 411.34 feet to a point; thence N. 89°39'20" W.,
529.54 feet to a steel pin; thence S. 0°17'10" W., 411.34 feet to a steel pin; thence S.
89°39'20" E., 529.54 feet to the point of beginning. Said tract of land contains 5.000
acres, more or less, subject to easements of record or in use, and subject to an easement
for ingress and egress across the southerly 25 feet of the above-described tract, except
ditch, road and canal rights-of-way and easements together with all water, water rights,
ditches and ditch rights and power easements of record or in use.
THE CORPORATION OF THE PRESIDING BISHOP OF THE
CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS 1
ANNEXATION AND ZONING ORDINANCE
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SECTION 2: That the above-described real property be, and the same is hereby
,
annexed and made a part of the-City of Meridian, Ada County, Idaho.
~`• SECTION 3:--That the real property herein by this ordinance annexed to the City of
Meridian hereinabove described shall be zoned Limited Office District (L-O).
9 ~ i
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SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as
well as the official zoning maps, comprehensive plan and all official maps depicting the
boundaries of the City of Meridian in accordance with this ordinance.
SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject
to the terms and conditions of that certain Development Agreement by and between the City
.~
of Meridian and the owner of ,the land described~.in~ Section ~1 dated the ls~ti day of
~~~- , 1999.
SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled. ~*> ,# 5'
SECTION 7: This ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
SECTION 8: The Clerlc of the City of Meridian shall, within ten (10) days following
the effective date of this ordinance, duly file a certified copy of this ordinance and a map
prepared in a draftsman manner plainly and .clearly designating the boundaries of the City of
Meridian, including the lands herein annexed, with the following officials of the County of Ada,
State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file
THE~CORPORATION,OF THE PRESIDING BISHOP DF;THE
CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS 2
ANNEXATION AND ZONING ORDINANCE
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simultaneously a certified copy of this ordinance and map with the State Tax Commission of
the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ! ~ day
of Gwy..Q_ , 1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ! S~day
of Gtr,-~~ , 1999.
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ANNEXATION AND ZONING ORDINANCE
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STATE OF IDAHO,)
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County of Ada. )
On this~_day of SLe+l~l~ , 1999, before me, the undersigned, a
Notary Public in and for said State, personally appeared ROBERT D. CORRIE and
WILLIAM G. BERG, JR., known to me to be the Mayor,and City Cleric of the CITY of
.Meridian, Idaho, and who executed the within instrument, and acknowledged to me
that the City of~Meridian executed the same. F - ,
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IN WITNESS`WHEREOF, Ihave hereunto set my hand and affixed my official
seal the day and year first above written.
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THE CORPORATION OF THE PRESIDING BISHOP OF THE
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ANNEXATION AND ZONING ORDINANCE
BUREAU OF RECLAMATION:
~~~ .
OTMER:
All Materials presented at public meetings shall become property of the City of Meridian.
4
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tal Commission of the State of Idaho
I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County,
State of Idaho, do hereby certify that the attached copy of Ordinance No. ~~~
passed by the City Council of the City of Meridian, on the day of ~,
1999, is a true and correct copy of the original of said document which is in the care,
custody and control of the ~~~~Clerlc of the City of Meridian.
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9 S~~ ~ILLIAM G. BERG, JR.
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STATi=, OF IDAHO,•,~~'r-~~~J~j~1~~~~`````
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County of Ada, )
On this ~ 5 day of ~~ , in the year 1999, before me,
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`n ~~ , a Notary Public, appeared
WILLLA.i G. BERG, JR., known or identified to me to be the City Clerk of the City
of Meridian, Idaho that executed the said instrument, and acknowledged to me that
he executed the same on behalf of the City of Meridian.
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MERIDIAN CITY COUNCIL MEETING: JUNE 15. 1999
APPLICANT: LOMBARD CONRAD ARCHITECTS AGENDA ITEM NUMBER: 6
REQUEST: ___ .ANNEXATION AND ZONING OF LDS CHURCH AT 1985 ~~A
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY: SEE ATTACHED DEVELOPMENT AGREEMENT
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: J/
SETTLERS IRRIGATION: t ~
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS: I `'
BUREAU OF RECLAMATION: ~Q,~
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OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
RESOLUTION NO ~ 3 ~
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A RESOLUTION"OF THE CITY COUNCIL-OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
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THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT' ;DATED THE
l~ DAY OF ~~--~ , 1999 BY~AND BETWEEN THE CITY OF
MERIDIAN AND THE CORPORATION OF THE PRESIDING BISHOP OF
THE CHURCH OF JESUS CHRIST OF LATTER. DAY SAINTS.
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BE IT RESOLVED'BY THE MAYOR AlVD~COJ1VCIL OF THE CITY OF
MERIDIAN, IDAHO:
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WHEREAS, it is in the best interests.of the City4of Meridian to enter into an
agreement with THE CORPORATION'OF..THE-PRESIDING BISHOP OF THE
CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS; denoted as
"DEVELOPMENT AGREEMENT", a copy ofwhich.is attached hereto marked as
Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in
said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as ,follows:
1. The Mayor and Clerlc are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with THE CORPORATION OF THE
PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DAY
SAINTS entitled "DEVELOPMENT AGREEMENT" dated the D-day of
~Gc~.e-- ,.1999, by and between the City of Meridian and THE
CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS
CHRIST OF LATTER DAY SAINTS, a copy of which is attached hereto marked as
Exhibit "A" to this Resolution and to bind this City to its terms and conditions.
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
TO ENTER INTO A DEVELOPMENT AGREEMENT WITH
'THE CORPORATION OE THE PRESIDING~BISHOP,~OF,THE CHURCH OF
JESUS CHRIST OF, LATTER DAY SAINTS / LDS;CHURCH 198SBLACK CAT
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PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ day
of ~~ir~-e.-.. , 1999.
APPROVED BY THE MAYOR' OF THE CITY' OF~MERIDIAN, IDAHO, this ~5 ~
day of ~~ , 1999.
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RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
• TO ENTER INTO A DEVELOPMENT AGREEMENT WITH -_
THE CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF
JESUS CHRIST OF LATTER DAY SAINTS / LDS CHURCH 1985 BLACK CAT
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2 ~ - ~,
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CERTIFICATE ROF CLERK
OF
THECITY OF MERIDLAN~
I, the undersigned, do hereby certify:
3
1. That I am the duly appointed and elected Clerk of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho, with its
principal office at 33 East Idaho, Meridian, Idaho.
,.
2. ~ That as the City Clerlc of this City, I am the custodian of it`s records and
minutes and do hereby certify that on the ~ day of G~-2_._ , 1999, the
following action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
~~ AGREEMENT ENTITLED `;DEVELOPMENT AGREEMENT", DATED THE 1~
DAY OF ~vGvn~2 , 1999, BY AND BETWEEN THE CITY OF MERIDIAN
AND THE CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH
OF JESUS°CHRIST OF LATTER DAY SAINTS.
BE IT RESOLVED BY_THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter
into an agreement with THE 'CORPORATION OF THE PRESIDING BISHOP
OF THE .CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, denoted as
"DEVELOPMENT AGREEMENT", 'a copy of which is attached hereto marked
as Exhibit "A" to this Resolution, the reasons and authority for which are as
set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
CERTIFICATE OE CLERK OF THE I
CITY OF MERIDIAN
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1. The Mayor -and Clerk are hereby authorized to enter into and on
behalf of the City of Meridian that certain agreement with THE
CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS
CHRIST OF LATTER DA_Y SAINTS entitled "DEVELOPMENT AGREEMENT"
dated the~~day of ~-/Gv~-~. , 1999, by and between the City of Meridian
and THE CORPORATION OF THE PRESIDING}BISHOP OF THE CHURCH
OF JESUS CHRIST OF LATTER DAY SAINTS, a copy of which is attached'
hereto marked as Exhibit ~`A" to this Resolution and to bind this City to its
terms and cozlditions.
~ ~~,~
WILLIAM G. BERG, JR.
~~~ .
9
STATE OF ~IDAI~~O ta~'• ~ .~,.~~
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County of Ada, ~`l~~<<~)u~ nn+++'`~'
On this~day of ~o~U tiE , in the year 1999, before me,
Q: , a Notary Public, appeared
WILL G. BERG, JR., known or identified to me to be the City Clerk of the City
of 1Vleridiai~, Idaho that executed the said instrument, and acknowledged to me -that
he executed the same on behalf of the City of Meridian.
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** TX CONFIRMATION REPORT ** AS OF JUN 10 '99 16 08 PAGE.01
CITY OF MERIDIAN
DATE TIME TOiFROM MODE °MINiSEC PGS CMD# STATUS
11 06110 16 06 PUBLIC WORKS OF--S 01'34" 00? 014 OK
HUB OFTR.EiSUREYAGLEY
Mayor
ROBERT D. CORR~
A Good Plart co Live LEGAL DEp~4RTMENT
I^081 3s11ZG1
CITY OF MERIDIAN
~.,~~~{, Mertiltrs PUBLIC WORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
GLENN BENTLEY MERIDLs1N, IDAAO 83612 l'oa1 d37.,~ I 1
RON ANDERSON Phone (208) 888-aa73 • Fax (208) 887~B13 PLANNING AND ZONING
DEPARTMENT
KEITH BIRD 1.09) 931-5533
FACSIMILE COVER SHEET
DATE
7 - ~~ 9 ~ ~
FAX NUMBER: . :
~
~
To
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:
1 •
TITLE/DEPARTM ENT:
CONFIDENTIAL: YES NO
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET):
FR M: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218
NAME: ~ t ~~ ~
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T1TLElDEPARTMENT: ~,~ f ~--~
COMMENTS: ~S C~~~ ~ ~1~1e~ 1,1LI/~
~~ ~°n C7oJ ~l IUfM/C~S' ~ f ~ ~- ~->~',I~c~
D~ Ccu~ , ~. ~ r ~ ~ Q9
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY (208) 888-4433. ,
~.
Mavor HUB OF TRE.aSURE VALLEY
ROBERT D. CORRIE A Good Place to Live
~o ,~ ,t M min ..CITY OFk, MERIDIAN
CHARLES ROUNTREE ~ 33 EAST IDAHO
GLENN BENTLEY MERIDIAN, IDAHO 83612
RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813
KEITH B [RD
FACSIMILE COVER SHEET
LEGAL DEPARTMENT
(~os~ ssa-~z~.~
PUBL[C WORKS
BUILD[NG DEPARTMENT
(~oa) as7-~, t t
PLAiYNING AND ZONING
DEPARTMENT
(208)331-5533
FAX NUMBER: ~ ~•] - ~~ 9? DATE: ~ O
TO:~CZC.~ ~• ~ 1111
TITLE/DEPARTMENT:
CONFIDENTIAL: YES, NO x
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET):.
FR~M: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218
„, n ~
NAME:
On/ ~Ccu~ I Aida (~/~ R ~ , Q9
PLEASE- CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY (208) 888-4433.
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TiTLE/DEPARTMENT: C~~K
COMMENTS: LOS C t~vlec~+ ~ f-YL(~~ ~ l 1 J 1 /~1Y~.
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MERIDIAN CITY COUNCIL MEETING
MAY 18, 1999
PAGE 20
Corrie: Motion made and second to close the public hearing. All those.in favor say aye.
MOTION CARRIED: ALL AYES.
Rountree: Mr. Mayor, a question for City Attorney. Findings on a vacation?
Gigray: We have, yeah, we've done that before. We just did an order granting the
approval of the request and then we've just had it signed by the Mayor and then since
there is no debate here about any of the recommendations, we just pull the Findings
from this. The orders before have signified,the, City's approval the requested vacation
and I just have included the language which I stated. If you don't want that language in
there, just say so; in your motion. I'll do as you say.
Rountree: Sure you will: Mr. Mayor I move that we~~have the CityAttorney prepare
Findings of Fact and Conclusions. of Law and Order of Decision recommending the
approval of the request for vacation of lots 8 and~9 in block 8, Meridian Greens
Subdivision.
Bentley: Second.
Corrie: Motion is made by Mr. Rountree second by Mr. Bentley to approve the request
for vacation of lots 8 and 9 of block 8 of Meridian Greens Subdivision and order the
attorney to draw up the Findings of Fact and Conclusions of Law:
°Gigr2y: Mr. Mayor and members,of the Council,-just a point of clarification on the
motion so I know what to do. If you do -not want the language that it's subject and
dependent upon the applicant filing an appropriate petition for vacation to the Ada
County Highway District, I will not include that in the order. Now tell me not to. If you
don't direct that way, then I will include that.
Rountree: I understood that the first time. That's why I didn't include it in my motion
that I -think it's'~wise that we direct them to check in case there's a legal issue.
Gigray: Thank you.
Corrie:: Any further, discussion? Hearing none, all those in favor of the original, motion
say aye.
MOTION CARRIED: ALL AYES.
10. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 5 ACRES (FOR L-
O ZONING} BY LOMBARD CONRAD ARCHITECTS-1985 BLACK CAT:
MERIDIAN CITY COUNCIL MEETING
MAY 18, 1999
PAGE 21,
Corrie: At_this time I will open the public hearing and invite staff first. Any comments on
your recommendations and any other comments you might have.
Stiles: Mr. Mayor and Council, this is a request for annexation and zoning to L-O for an
LDS church. Staff's recommendation was since this is shown as single family
residential in the Comprehensive Plan that if it is rezoned that it be limited to .public and
quasi public uses and ask that you incorporate our comments in our memo dated April
9th, 1999 in your findings.
Smith: Mr.~ Mayor and council members, I noticed in reviewing the recommendations
that Planning and Zoning and Public Works had submitted that a comment was
inadvertently omitted concerning the required extension of the sanitary sewer line along
the west side of Black Cat Road. qAt the present time it ends at the south side of
Turnberry Subdivision.- The sewer line would need-to be extended,to the south along
the west side of Black Cat Road to -the south boundary of the parcel that's being
requested for ahnexation and zoning. I'd like to have that added as a condition from the
Public. Works Department. Thank you.
Corrie: Shari, since we're~in a public,hearing,v do.you recommend that we have a
development agreement or are you requesting one since there are a~lot of~conditions
here? .. ,~ ..
s .
Stiles: I don't know how else we would restrict it if it's your desire to restrict it to those
uses that we stated irn our.recommendation: Unless we can require that through a deed
restriction or just through the annexation ordinance itself. Most of the other
requirements that we have in here weycan; pretty much handle through the building
permit- process. ~ ~ .
Y.tm ` 3. ~ ,. '.~.
v~
,v.. Vw
Corrie: All right}, since this is a public hearing,,isahe representative.from_ Lombard
Conrad Architects here?^ Yes, sir: W ' ~ , ~ ~ 4
STEVE SIMMONS
>&
Simmons; Mr. Mayor anda members, of the Council, my name is Steve Simmons with
Lombard Conrad Architects representing the applicant. Our address 1221 Shoreline
Lane, Boise, Idaho 83702,.- We, have reviewed staffs recommendations and take no
exceptions to any of those. ~ Nor do we take any exception to the latest additions by Mr.
Smith or Shari, either one.
Corrie: Okay thank you. Any questions from Council? Thank you. Is there anyone
else here that would~like #o issue testimony in=this request from Lombard. Conrad
Architects? Council, any further questions? I'II entertain a motion to close the public
hearings - ~~
MERIDIAN CITY COUNCIL MEETING
MAY 18, 1999
PAGE 22
Bird: So moved.
Anderson: Second.
Corrie: Motion made and second to close the public hearing. All those in favor say aye.
MOTION CARRIED: ALL AYES.
Corrie: Any comments or discussion from Council? I'll entertain a motion on the
request for annexation and zoning of 5 acres for L-O zoning by Lombard Conrad
Architects.
Rountree: Mr. Mayor, I move that we have the City Attorney Findings of Fact and
Conclusions of Law and Order of Decision and an annexation ordinance along with a
development agreement for the annexation and zoning of the five acres on Black Cat.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the annexation
and zoning and draw up the Findings of Fact and Conclusions of Law and Order of
Decision and the ordinance of the annexation along with the development agreement on
item number ten. Any further discussion?
Bird: Mr. Mayor I think Mr. Gigray has got a question.
Gigray: Mr. Mayor and members of the Council, just for further direction, does that
motion include that the conditions of the development agreement and of our order of
decision would be those in the recommendation of City Council and would that motion
also include the additional requirement as requested by the Public Works Director that
we would include language that they are to extend the sewer line down Black Cat to the
subject property?
Rountree: The only: clarification I would make would be the .recommendation from
Planning and Zoning, not City Council.
Corrie: Point of information, are we adding what Gary wanted on that? Is that what
you're doing too?
Bird: They agreed to it.
Corrie: Okay, any further comments? Hearing none, all in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
k.
~.•
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~.
Meridian City. Counal Meeting
June 15, 1999
Page 29
Berg: Mayor and. members of the Council, Mrs. Culver came in and talked with us and
.pointed that out that they had no intentions to develop-the property right away, thought
two years was even more than they anticipated. They felt they were following the
direction of the City Council and the City of Meridian as to be annexed because of the
sewer hook up I believe is what it was, and she was very concerned about the two year,
but she didn't want to delay our benefit, but I don't think a delay is going to benefit one
or the other intentions of getting it right the first time. So I would concur with Mr. Gigray
to make sure she's signing the right documents that she feels is best for her property
and the right intent towards the city of which her intentions are.
Gigray: Yeah, and it's all there.
Corrie: Okay we can table. item four and five until the next meeting or what is your
pleasure?
Bird: Mr. Mayor I move that we table the development agreement by Alice Culver at
911 E. Pine and also the annexation and zoning ordinance of Alice Culver at 911 E.
Pine until July 6th, 1999 so that that she may look at the new development agreement
the attorney has drawn up.
Anderson: Second.
Corrie: Motion made and second that we table item number 4 and number 5 as stated
until July 6, 1999 meeting. Any further discussion? Hearing none, all those in favor of
the motion say aye.
MOTION CARRIED: ALL AYES.
6. DEVELOPMENT AGREEMENT BY THE LDS CHURCH AT 1985 BLACK CAT
ROAD:
Corrie: Mr. Berg, they have signed that l understand. is that correct?
Berg: Mayor and members of the Council, they have signed the development
agreement.
Corrie: I'll entertain a motion on the item number six for the resolution as well.
Bentley: Mr. Mayor, I move we approve the development agreement by the LDS
Church 1985 Black Cat Road, authorize the Mayor to sign and the Clerk to attest and
the. resolution.
Bird: Second.
/~
}? }
Meridian City Council Meeting
June 15, 1999
Page 30
Corrie: Do we know the number of the resolution then would be?
Berg: 236.
Corrie: 236, all right. Motion made and second that the development agreement be
approved and the resolution number 236 be approved and the Mayor to sign and the
Clerk to attest. Any further discussion? Hearing none, all those in favor of the motion
say aye.
MOTION CARRIED: ALL AYES.
7. ANNEXATION AND ZONING ORDINANCE #829 -- 1985 BLACK CAT ROAD
(LDS CHURCH):
Corrie: Mr. Clerk would you read that be title only?
Berg: Mr. Mayor and members of the Council, (ORDINANCE #829 WAS READ BY
TITLE ONLY).
Corrie: All right, is there anyone from the audience who would like to have Ordinance
#829 read in its entirety?
Anderson: Mr. Mayor, I would make a motion that we approve Ordinance #829 for the
annexation of the property at 1985 Black Cat Road with suspension of rules.
Bird: Second.
Corrie: Motion made by Mr. Anderson second by Mr. Bird to approve the annexation
and zoning ordinance #829 with suspension of rules. Any further discussion?
ROLL CALL VOTE: ROUNTREE, YEA. ANDERSON, YEA. BENTLEY, YEA. BIRD,
YEA.
MOTION CARRIED: ALL YEAS.
8. DEVELOPMENT AGREEMENT BY JOINT SCHOOL DISTRICT NO. 2 ON E.
PINE:
Corrie: I guess Mr. Clerk, has the Board signed that one?
Berg: Mr. Mayor and members of the Council, I do have a signed development
agreement. They met last night and approved the agreement. I will have a copy of the
minutes for my record as soon as they are written.
r R,
interoffice ,
M E M O R A N D U M
REcE~~
To: William G. Berg, Jr. JUN 1 6 X999
r~ ,
CITY OF 1PI~RIDIAN
From: Marlene St. George
Subject: LOMBARD CONRAD (LDS CHURCH AT 1985 BLACKCAT)
Date: June 16, 1999
Will:
Please find attached the originals of the Resolution and Certificate of
the Clerk in regards to the above matter. T previously sent to your office on May 26th'
the originals of the Resolution and Certificate of the Clerk, a copy of the letter
enclosed. I sent them along with the original Development Agreement.
I had also sent a notary page on May 26th for the, ordinance, so see you
if you have it, and if you need another notary page let me know.
If you need anything further in this matter just let me know.
Thanks, Marlene
msg/Z:\Work\M\Meridian 15360M\LDSB1ackCat\BergMemo061699
--
- ~ OFFICE COP`S
' ~ WHITE, PETERSON, PRUSS, MORROW ~t GIGRAY, P. A.
ATTORNEYS AT LAW
.. J
a JusT[N P. AYtswoarH 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE.
JuuE KLEIN FISCHEA POST OFFICE BOX 1150 ,104 NINTH AVENUE SOUTH
WM. E GIGRAY,`III. MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 247
_ TEL (208) 288-2499 ~ NAMPA. IDAHO 83653.0247
D. SAMUEL JOHNSON FAX (208).288-2501 < TEL (208) 466.9272
WILLIAM A. MORROW FAX (208) 466-4405
CHRISTOPHER S. NYE Email via Internet @~ wfgC~wppmg.com
Y PHILIP A. PETERSON PLEASE REPLY TO
-STEPHEN L. PRUSS , MERIDIAN OFFICE
ERIC S. ROSSMAN
TODD A. ROSSMAN t
R. STEPHEN RUTHEAFORD' ,.
TERRENCE R. WHITE '
t `°s
"''"
t
F
z ~ ~ ~Ma 216,:1'999
William G. Berg, Jr:, Citv Cleric
MERIDIAN -CITY HALL
33 East Idaho
' Meridian, Idaho 83642
Re: ~ LOMBARD CONRAD ARCHITECTS~FOR LDS CHURCH AT~•
1985 BLACK CAT ROAD /ANNEXATION AND ZONING
w FINDINGS and the DEVELOPMENT AGREEMENT
Dear Will:'
' Please find enclosed the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION
-FORANNEXATION AND ZONING_prepared asper instructions from the Council meeting
of May 18, 1999, and which are on the agenda for June 1, 1999..
I~have also attached hereto the DevelopmentAgreement for the above matter,.,
~along:with-the.originals~of:.the~Resolution,and'Certifica e of~the--Cle'rh~forFthe;Development
__ _ _ - ,_,
~Agreement~ After the Council. meeting of June 1, 1999, if Council approves the Findings of
Fact and Conclusions of Law for the above matter, then the Findings w11I need to be attached
to the Development Agreement as E.~chibit "B". 3 -
" p After the Findings of Fact and Conclusions of L'aw: and Decision and Order
Granting Application for Annexation and Zoning have been adopted, please submit the
Development Agreement;to the 'owners for signatures.
W ,~
If you have any questions please advise.
a' -
Very truly yours,
r ^ -
.F C M'~:,C~.
R. Stephen- u erford ,.
4 msg\Z:\WorlcWiWieridian 15360M\LDSBIaclcCat\FFCL and DevAgtClk.ltr ~°
RESOLUTION NO
s~
s is~rn~ .w ~ ~ ~ •, , i
A RESOLUTION OE THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE
DAY OF , 1999, BY AND BETWEEN THE CITY OF
MERIDIAN AND THE CORPORATION OF THE PRESIDING BISHOP OF
THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with THE CORPORATION OF THE PRESIDING BISHOP OF THE
CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, denoted as
"DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as
Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in
said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Clerlc are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with THE CORPORATION OF THE
PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DAY
SAINTS entitled "DEVELOPMENT AGREEMENT" dated the day of
1999, by and between the City of Meridian and THE
CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS
CHRIST OF LATTER DAY SAINTS, a copy of which is attached hereto marked as
Exhibit "A" to this Resolution and to bind this City to its terms and conditions.
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
TO ENTER INTO A DEVELOPMENT AGREEMENT WITH
THE CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF
JESUS CHRIST OF LATTER DAY SAINTS / LDS CHURCH 1985 BLACK CAT
iy
l
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day
of _ , 1999. ti
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of , 1999.
MAYOR
ATTEST:
CITY CLERK
r
msg\Z:\Worlc\M\Meridian 15360M\LDSB1aclcCat\Resolution
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING 2
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
TO ENTER INTO A DEVELOPMENT AGREEMENT WITH
THE CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF
JESUS CHRIST OF LATTER DAY SAINTS / LDS CHURCH 1985 BLACK CAT
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Cleric of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho, with its
principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Cleric of this City, I am the custodian of its records and
minutes and do hereby certify that on the day of , 1999, the
following. action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE
MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE
DAY OF , 1999, BY AND BETWEEN THE CITY OF MERIDIAN
AND THE CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH
OF JESUS CHRIST OF LATTER DAY SAINTS.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter
into an agreement with THE CORPORATION OF THE PRESIDING BISHOP
OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, denoted as
"DEVELOPMENT AGREEMENT", a copy of which is attached hereto rnarlced
as Exhibit "A" to this Resolution, the reasons and authority for which are as
set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
'COUNCIL as follows:
CERTIFICATE OF CLERK OF THE 1
CITY OF MERIDIAN
1. The Mayor and Cleric are hereby authorized to enter into and on
behalf of the City of Meridian that certain agreement with THE
CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS
CHRIST OF LATTER DAY SAINTS entitled "DEVELOPMENT AGREEMENT"
dated the day `of , 1999, by and between the City of Meridian
and THE CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH
OF JESUS CHRIST OF LATTER DAY SAINTS, a copy of which is attached
hereto marked as Exhibit "A" to this Resolution and to bind this City to its
terms and conditions.
STATE OF IDAHO, )
. ss.
County of Ada,
WILLIAM G. BERG, JR.
On this day of , in the year 1999, before me,
a Notary Public, appeared
WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City
of Meridian, Idaho that executed the said instrument, and acknowledged to me that
he executed the same on behalf of the City of Meridian.
(SEAL)
Notary Public for Idaho
Commission Expires:_
msg\Z:\Work\M~IVleridian 15360M\I,DSB1ackCat\CertificationClerkfor RES
CERTIFICATE OF CLERK OF THE 2
CITY OF MERIDIAN
ADA CQUHTY RECQRpER ~
. .:. DAVi~ NA~rAR~;a
DEVELOPMENT AGREEMENT
t 999 Jed i 7 P~9 I~ 2
RECORDED - REQUEST OF
E~F~OEPiJ i Y
~g906b55$
PARTIES: 1. City of Meridian
2. The Corporation of the Presiding Bishop of the Church of
Jesus Christ of Latter Day Saints
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this day of ~~rrL.e~ , 1999, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and THE CORPORATION OF THE PRESIDING
BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS,
hereinafter called "DEVELOPER", whose address is 50 East North Temple
Street, 12`h Floor East, Salt Lalce City, Utah. ,
1. RECITALS:
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 is attached hereto
and by this reference incorporated herein as if set forth in
full, herein after 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 statutory authority by
the enactment of Ordinance 11-2-416L and 11-2-417D,
which 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, (Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Developer" made representations at the
public hearings both before the Meridian Planning &
Zoning Commission and before the Meridian City Council,
DEVELOPMENT AGREEMENT - 1
~•;
~~'~i y
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 before the Planning Sz Zoning
Commission, and subsequently before the City Council,
include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
1.7 WHEREAS, City Council, the 1st day of June, 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 "DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at its
urging and requests; and
1.10. WHEREAS, "City" requires the "Developer" to enter into
a development agreement for the purpose of ensuring that
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
Meridian adopted December 21, 1993, Ordinance #629,
January 4, 1994, and the Zoning and Development
DEVELOPMENT AGREEMENT - 2
• .
Ordinance codified in Title 11, Municipal Code of the City
of Meridian.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:.
2. INCORPORATION 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 of this Agreement the
follo~~~ing words, terms, and phrases herein contained in `this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation 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 "DEVELOPER": means and refers to The Corporation of
the Presiding Bishop of the Church of Jesus Christ of
Latter Day Saints whose address is 50 East North Temple
Street, 12`'' Floor East, Salt Lake City, Utah 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.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Section 11-2-408 B.7. Meridian City Code
which are herein specified as follows:
(L-O) Limited Office District: The purpose of the (L-O)
District is to permit the establishment of groupings of
DEVELOPMENT AGREEiv1ENT - 3
•
professional, research, executive, administrative,
accounting, clerical, stenographic, public service and
similar uses. Research uses shall not involve heavy testing
operations of any kind or product manufacturing of such a
nature to create noise, vibration, or emissions of a nature
offensive to the overall purpose of this district. The L-O
District is designed to act as a buffer between other more
intense non-residential uses and high density:residential
uses, and is thus a transitional `use. Connection to the
Municipal Water and Sewer systems of the City of
Meridian is a requirement in this district.
4.2 I\TO change in the uses specified in this Agreement shall be
allowed without modification of this Agreement..
5. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
5.1 "Developer" shall develop the "Property" in accordance
with the following special conditions:
5..1.1 Developer enter into a Development Agreement, that
provides in the event the conditions therein- are not met by
the Developer that the property shall be subject to de-
xr
annexation, with the City of Meridian which provides for
the following conditions of development to-wit:
5.1.1 Applicant shall comply with Ada County Highway
District requirements. A copy of ACHD approval
letter and copy of recorded warranty deed for
additional right-of-way shall be submitted prior to
'` applying for building permit.
5.1.2 a.ny existing irrigation drainage ditches crossing the
property shall be tiled per City Ordinance 1 1-9- ,
605.M. The ditches to be piped shall be shown on
the site plans. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral
users' association, with written confirmation of said
approval submitted to the Public Worlcs
Department.
t~
DEVELOPMENT AGREEMENT - 4
~i ~
5.1.3 Any existing domestic wells and/or septic systems
within this project shall be removed from their
domestic service per City Ordinance Section 5-7-5
17. Wells may be used for non-domestic purposes
such as landscape irrigation.
5.1.4 Off-street parking shall be provided in accordance
with Section 11-2-414 of the City of Meridian
Zoning and Development Ordinance and/or as
detailed in site-specific requirements.
5.1.5 Paving and striping shall be'in accordance with the
standards set forth in Sections 11-2-414.D.4 and
11-2-414.D.5 of the City of Meridian Zoning and
Development Ordinance and in accordance with
Americans with Disabilities Act (ADA)
requirements.
5.1.6 A drainage plan designed by a State of Idaho
licensed architect or engineer is required and shall
be submitted to the City Engineer (Ord. 557, 10-1-
91) for all off-street parking areas. All site drainage
shall be contained and disposed of on-site.
5.1.7 Outside lighting shall be designed and placed so as
not to direct illumination on any nearby residential
areas and in accordance with City Ordinance
Section 11-2-414.D.3.
5.1.8 Five-foot-wide sidewalks shall be provided and
constructed in accordance with City Ordinance
Section 11-9-606.B. Crossing of the existing ditches
with a continuous sidewalk along Black Cat Road
shall be provided in coordination with adjacent
property.
5.1.9 All construction shall conform to the requirements
of the Americans With Disabilities Act.
5.1.lOThe Public Worlcs Department shall be provided
with information on anticipated fire flow and
domestic water requirements for the proposed site.
Flow and pressure from the existing mains should be
DEVELOPMENT AGREEMENT - 5
•
monitored with the Meridian Water Department to
determine whether adequate fire protection exists.
5.1.11 Applicant shall be required to enter into an
Assessment Agreement with the City of Meridian.
5.1.12 Handicapped accessible parking spaces shall be
provided in accordance with the Americans With
Disabilities Act. For the number of parking spaces
shown on the preliminary site plan, a minimum of
eight handicapped accessible stalls shall be provided.
All building and parking lot construction shall meet
the requirements of the Americans With Disabilities
Act.
5.1.13 No City water shall be allowed for landscape
irrigation.
5.1.14 Six-foot-high, permanent perimeter fencing and
buffering shall be provided adjacent to the existing
residential and agricultural uses.
5.1.15A Certificate of Zoning Compliance shall be
required prior to applying for a building permit. A
detailed site plan showing landscaping, screened
trash enclosures, parking, etc., shall be provided for
approval. A minimum 20-foot-wide planting strip
beyond required right-of-way shall be provided.
Locations and construction requirements for trash
areas shall be coordinated with Meridian Sanitary
Services, Inc., and Applicant shall provide a letter of
approval from their office prior to applying for
building permits.
5.1.16Utility locations shall be coordinated with Meridian
Public Worlcs Department. The Applicant shall
extend the City sewer line to the subject property
along the west side of Blaclc Cat Road from the
Turnberry No. 1 Subdivision.
5.1.17The annexation shall limit the use of the property to
public and quasi-public uses.
DEVELOPMENT AGREEMENT - 6
•
5.1.1 SAssessment fees for water and sewer service are
determined during the building plan review process.
Any applicable latecomer fees will also be
determined at that time.
5.1.18A11 signage shall be subject to design review.
5.1.19The Applicant shall obtain written approval for the
central sewage and central water prior to the
approval of the annexation and zoning.
5.1.20 =18-feet of right-of-way from the centerline of Blaclc
Cat Road abutting the parcel shall be dedicated 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.
5.1.21 Utility street cuts in the new pavement are not
allowed unless approved in writing by the District.
5.1.22A 5-foot-wide detached concrete sidewalk shall be
constructed on Black Cat Road abutting the site.
The sidewalk shall be located within two-feet of the
right-of-~vay of Black Cat Road. The location,
elevation and grade of the sidewalk shall be
coordinated with the District staff.
5.1.23A11 driveways shall be located a minimum of 220-
feet from the nearest existing~proposed driveway on
Blaclc Cat Road. All driveways on Blaclc Cat Road
shall be constructed as 24 to 30-foot wide curb
return driveways. The driveway shall be paved its
full required width and at least 30-feet beyond the
edge of pavement on Black Cat Road and pavement
DEVELOPMENT AGREEMENT - 7
? ~ ~~
tapers installed with 15-foot radii abutting the
existing roadway edge.
5.1.24A site plan shall be submitted showing all existing
and proposed driveways on Black Cat Road located
within 200-feet either side of the north and south
property lines. ''
5.1.25As required by Districtrpolicy, restrictions on the
width, number and locations of driveways, shall be
placed on future development of `this parcel.
6. COMPLIANCE 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 5'entitled
"Conditions Governing Development of subject "Property" of this agreement
within two (2) years of the date this Agreement is effective, and after the r
"City" has complied with the notice and hearing procedures as outlined in~I.C.
§ 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" consents upon default to the de-annexation and/or a
reversal•of the zoning designation of the "Property" subject to and"conditioned
upon-the follo~~~ing conditions precedent to-wit:
s Y
7.1 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:
8. 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
Engineer gild requests the City Engineer's inspections and written approval of°
such conipl'eted improvements or portion thereof in accordance with the terms
and conditions "of this Development Agreement and all other ordinances of
the "City" chat apply to said Development.
DEV~LOPMI=~1T ACR~EM GNT - 8 ; , ~ ~~
CvbL'Vl'iVlt~'.'1V 1 AC11<I~1rNC~N~1~ -
9. DEFAULT:
). l In the event "Developer", "Developer"'s heirs, successors,
assigns, or subsequent owners of the "Property" or any
other person acquiring an interest 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.
9.2 A `vaiver by "City" of any default by "Developer" of any
one or more of the covenants or 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 or other covenants and
conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum 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
connection with the annexation and zoning of the "Property" by the City
Council. If for any reason after such recordation, the City Council fails to
adopt the ordinance in connection with the annexation and zoning of the
"Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
11. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Developer", or by 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.
12.1 In the event of a material breach of this Agreement, the
parties agree that "City" and ~"Developer" shall have thirty
(30) days after delivery of notice of said breach to correct
D~VELOPMEV~T AGRL~MENT - 9
the same prior to the non-breaching party's seeking of any
remedy provided for herein; provided, however, that's the
case of any such default which cannot with diligence be
cured within such thirty (30) day period, if the defaulting
party shall commence to cure the°same within such thirty
(30) day period and thereafter shall prosecute the curing of
same ~-~~ith diligence and continuity, then the time`allowed
to cure such failure may be extended for such period as
maybe necessary to complete the curing of the same with
diligence and continuity.
f ~ t„
12.2 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,
strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
13. SURETY OF PERFOF:MANCE: 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, to
insure that installation of t11e improvements, which the "Developer" agrees to
provide; if regttired~by the "City". ~ ~ ~~ .,
~ 4
19:~. CERTIFICATE OF OCCUPANCY: The "Developer" agrees
that i1o, Certificates of Occupancy will be issued until all improvements are ''
completed, unless the "City" and "Developer" -have entered into an addendum
agreement stating «~hen 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, completed, and
accepted by the "City".
s.
15. ABIDE BY ALL CITY ORDINANCES: That "Developer"
agrees to abide by all ordinances of the City of Meridian"and the "Property"
shall be subject to de-annelation if the owner or his assigns, heirs, or
successors shall not sleet the conditions contained in the "Findings of Fact and
Conclusions of La~~~; fthis Development Agreement, and the Ordinances of the
City of Meridian.
t
16. ~ 1VOTICES: ~1~zy notice desired by the parties and/or required by
this Agreement shall be deemed`delivered if and when personally delivered or
DEVELOPMENT f\GREE~~IENT - 10
~it
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
with copy to:'
City Clerlc
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
DEVELOPER:
The Corporation of the Presiding
Bishop of the Church of Jesus Christ
of Latter Day Saints
50 East North Temple Street
12`'' Floor East
Salt Lalce City, Utah
16.1 A party shall have the right to change its address by
delivering to the other party a written notificatiori thereof
in accordance with the requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced
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 forfeiture of this
Agreement.
18. `TIME IS OF THE ESSENCE: The parties hereto acknowledge
and agree that time is strictly of the essence with respect to each and every
term, 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 Agreement by the other party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that
DEVELOPMENT AGREEMENT - 11
any sale or alienation shall. be subject to the provisions hereof and any
successor owner or 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
terulination of this Agreement if "City", in its sole_and reasonable discretion,
had determined that "Developer" has fully performed its obligations under this
Agreement.
20. INVALID PROVISION: If any provision of this Agreement is
held not v~llid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any ol~ the other provisions contained herein.
21. FINAL AGREEMENT: 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,
agreements, conditions or understanding, either oral or written, express or
implied, between "Developer" and "City", other than as are stated herein.
Except as herein otlleitivise 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
their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
21.1 \TO condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended 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.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the Meridian Zoning Ordinance in connection with the annexation and zoning
of the "Property" and execution of the Mayor and City Clerlc.
D~VELOP~Ii~~~TAGR~L~4ENT- 12
ACI<-NOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
7
fo y
T Corporation of the
Presiding Bishop of the Church
of Jesus Christ of Latter Day
Saints,
DEVELOPER
Attest:
~~
BY RESOLUTION NO.
CITY OF MERIDIAN
BY: '
YOR ROBERT D. CORRIE
Attest:
CITY CLERK
BY RESOLUTION NO. ~ ~6
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DI:V~LOP\~I L.A'T AGREL~IENT - 13
•
ZD~4 N o
STATE 01= ~ )
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COUNTY Op C'A N yor/ )
On this~_ day of ~ u n,F , in the year 1999, before
m~-~~ ~• ~12A(~~w-- a Notary Public, personally appeared
a~^~ ~`~.~c ~F'~ ~~- ,known or ~ identified to me to be the
~' ~~-/7?~1~.hE~ and of the corporation that
executed the instrument or the persons who executed the instrument on behalf
of said corporation, and acknowledged to me that such corporation executed the
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sa~i~~e
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STATE O!= IDAHO 1
:ss
County of Ada )
On this. 15 day of ~ ~~E , in the year 1999,
before me, a Notary Public, personally appeared Robert D. Come and William
G. Berg, ltilo`v or identified to me to be the Mayor and Clerk, respectively, of the
City of Meridian, who executed the instrument or the person that executed the
instrumei:~ of beh<<lf of said City, and acknowledged to me that such City
executed t!Ze same.
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Commission expires: ~ ~1 /Sla ~~ a
' DEVELOPMENT AGREEMENT - 14
Legal Description Of Pro~ert~
EXHIBIT A
DEVELOPMI\rT AGREEMENT - 15
LJ
•
A tract of land in the SE 1/4 SE 1/4 of Section 4, T. 3 N., R. 1 W., B.M., Ada
County, Idaho, more particularly described as follows:
Beginning at a point on the section line which bears N. 0°17'10" E., 1064.62
feet from the section corner common to Sections 3, 4, 9 and 10, T. 3 1V., R. 1
W., B.M., thence N. 0°17'10" E. along the section line, 411.34 feet to a point;
thence N. 89°39'20" W., 529.54 feet to a steel pin; thence S. 0°17'10" W.,
411.34 feet to a steel pin; thence S. 89°39'20" E., 529.54 feet- to the point of
beginning. Said tract of land contains 5.000 acres, more or less, subject to
easements of record or in use, and subject to an easement for ingress and egress
across the southerly 25 feet of the above-described tract, except ditch, road
and canal rights-of-way and easements together with all water, water rights,
ditches and ditch rights and power easements of record or in use.
EXHIBIT "A" TO THE DEVELOPMENT AGREEMENT
•
EXHIBIT B
•
Findings c>f Fact and Conclusions of-Law/Conditions of AF~roval
DEVELOPMENT AGREEMENT - 16
• •
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE )
APPLICATION OF LOMBARD )
CONRAD ARCHITECTS, THE )
APPLICATION FOR )
ANNEXATION AND ZONING )
OF 5.0 ACRES FOR LDS )
CHURCH AT 1985 BLACK CAT )
ROAD, MERIDIAN, IDAHO )
Case No. AZ-99-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on
for public hearing on May 18, 1999, at the hour of 7:00 o'clock p.m., and Shari
Stiles, Planning and Zoning Administrator, and Gary Smith, Public Worlcs, having
appeared and testified, and the Applicant's representative, Steve Simmons of
Lombard Conrad Architects, having appeared and testified and no one having
testified in opposition and the City Council having duly considered the evidence and
the record in this matter therefore makes the following Findings of Fact and
Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for May 18, 1999, before the City Council, the first publication appearing
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
•
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 considerationmore than
one ~veelc before said hearing; and that 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 May 18, 1999,- public
hearing; 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.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A,
Municipal Code of the City of Meridian.
3. The City Council 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.
4. The property which is the subject to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2
AND DECISION AND ORDER GRANTING,APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
•
if set forth in full. The property is approximately 5.0 acres in size. The property is
located at 1985 Black Cat Road, .Meridian, Idaho.
5. The Applicant, Lombard Conrad Architects, is acting on behalf of the
record owner of the property, The Corporation of the Presiding Bishop of the Church
of JesLis Christ of Latter Day Saints, of 50 East North Temple Street, 12th Floor
East, Salt Lalce City, Utah, and has filed a written request for annexation and zoning.
6. The property is presently zoned by Ada County as Rural Transitional,
(R-T), and consists of a residential dwelling.
7. The Applicant requests the property be zoned Limited Office (L-O).
8. The Applicant has requested the annexation and this zoning, and the
application vas not initiated at the request of the City of Meridian.
9. The property is located on the west side of Black Cat Road
approximately 1,300 feet north of Cherry Lane, Meridian, Idaho.
10. The proposed site of the subject property is located at 1985 Black Cat
Road, Meridian, Idaho.
11. The city limits.of the City of Meridian are adjacent and abut on the east
side of the subject real property.
12. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
13. The entire parcel of the property is included within the Meridian Urban
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
•
Service Planning Area as the Urban Service Planning Area -is defined in the Meridian
Comprehensive Plan.
14. The Applicant proposes to develop the subject property in the following
manner: construct a 26,000 square foot stake center.
1 S. The Applicant's requested zoning of the subject real property as
Limited Office (L.-O) is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Ada County
Single .Family Residential, subject to quasi and public access.
16. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Planning and Zoning Administrator and Assistant City
Engineer Recommendations as follows:
16.1 Applicant shall provide a legal description stamped by an Idaho
Registered Land Surveyor, which meets the requirements of the City of
Meridian and Idaho State Tax Commission.
16.2 Applicant shall comply with Ada County Highway District
requirements. A copy of ACRD approval letter and copy of recorded
warranty deed for additional right-of-~vay shall be submitted prior to
applying for building permit.
16.3 Any existing irrigation/drainage ditches crossing the property shall be
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4
AND DECISION AND.ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
~~
tiled per City Ordinance 1 1-9-605.M. The ditches to be piped shall be
shown on the site plans. Plans shall be approved by the appropriate
irrigation/drainage district, or lateral users' association, with written
confirmation of said approval submitted to the Public Worlcs
Department.
16.4 Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance Section
5-7-5 17. Wells may be used for non-domestic purposes such as
landscape irrigation.
16.5 Off-street parking shall be provided in accordance with Section 11-2-
414 of the City of Meridian Zoning and Development Ordinance and/or
as detailed in site-specific requirements.
16.6 Paving and striping shall be in accordance with the standards set forth
in Sections 11-2-414.D:4 and 11-2-414.D.5 of the City of Meridian
Zoning and Development Ordinance and in accordance with Americans
with Disabilities Act (ADA) requirements.
16.7 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the -City Engineer (Ord.
557, 10-1-91) for all off-street parking areas. All site drainage shall be
'contained and disposed of on-site.
16.8 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Section 11-2-414.D.3.
16.9 Five-foot-wide side~vallcs shall be provided and constructed in
accordance with City Ordinance Section 11-9-606.B. Crossing of the
existing ditches with a continuous sidewalk along Black Cat Road shall
be provided in coordination with adjacent property.
16.10 All construction shall conform to the requirements of the Americans
With Disabilities Act.
16.11 The Public Worlcs Department shall be provided with information on
anticipated fire flow and domestic water requirements for the proposed
site. Flow and pressure from the existing mains should be monitored
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
u
with the Meridian Water Department to determine whether adequate
fire protection exists.
16.12 Applicant shall be required to enter into an Assessment Agreement with
the City of Lleridian.
16.13 Handicapped accessible parking spaces shall be provided in accordance
with the Americans With Disabilities Act. For the number of parking
spaces shown on the preliminary site plan, a minimum of eight
handicapped accessible stalls shall be provided. All building and parking
lot construction shall meet the requirements of the Americans With
Disabilities Act.
16.14 No City water shall be allowed for landscape irrigation.
16.15 Si;Y-foot-high, permanent perimeter fencing and buffering shall be
provided adjacent to the existing residential and agricultural uses.
16.16 A Certificate of Zoning Compliance shall be required prior to applying
for a building permit. A detailed site plan showing landscaping,
screened trash enclosures, parking, etc., shall be provided and approved.
A minimum 20-foot-wide planting strip beyond required right-of-way
shall be provided. Locations and construction requirements for trash
areas shall be coordinated with Meridian Sanitary Services, Inc., and
Applicant shall provide a letter of approval from their office prior to
applying for building permits.
16.17 Utility locations shall be coordinated with Meridian Public Worlcs
Department. The Applicant shall extend the City sewer line to the
subject property along the west side of Blaclc Cat Road from the
Turnberry No. 1 Subdivision.
16.18 The annexation shall limit the use of the property to public and quasi-.
public uses.
16.19 Assessment fees for water and sewer service are determined during the
building plan review process. Any applicable latecomer fees will also be
determined at that time.
16.20 All signage shall be subject to design review.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
•
Adopt the Central District Health Department's Recommendations as follows:
16.21 The Applicant shall obtain written approval for the central sewage and
central water prior to the approval of the annexation and zoning.
Adopt the Ada County Highway District's Recommendations as follows:
16.22 48-feet of right-of-way from the centerline of Black Cat Road abutting
the parcel shall be dedicated 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.
16.23 Utility street cuts in the new pavement are not allowed unless approved
in writing by the District.
16.24 A 5-foot-wide detached concrete sidewalk shall be constructed on Black
Cat Road abutting the site. The sidewalk shall be located within two-
feet of the right-of-way of Blaclc Cat Road. The location, elevation and
grade of the sidewalk shall be coordinated with the District staff.
16.25 All driveways shall be located a minimum of 220-feet from the nearest
existingfproposed driveway on Blaclc Cat Road. All driveways on Black
Cat Road shall be constructed as 24 to 30-foot wide curb return
driveways. The driveway shall be paved its full required width and at
least 30-feet beyond the edge of pavement on Black Cat Road and
pavement tapers installed with 15-foot radii abutting the existing
roadway edge.
16.26 A site plan shall be submitted showing all existing and proposed
driveways on Blaclc Cat Road located within 200-feet either side of the
north and south property lines.
16.27 As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
•
17. It is found that if the developer pays for the requested improvements
and complies ~~~ith the conditions set forth in these findings of fact no. 16, and all
subparts, the economic welfare of the City and its residents and tax and- rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
18. It is found that the development considerations which must be taken
into account, in order to assure the proposed development is designed, constructed,
operated and maintained in a manner which is harmonious and appropriate in
appearance with the existing, or intended character of the general vicinity, in order to
assure that the proposed use will not change the essential character of the affected
., ~~_
vicinity and ~~~ill insure that the proposed uses will not be hazardous or disturbing to
the existing, or future neighboring uses, particularly considering the impact of
proposed development on potential to produce excessive traffic, noise, smoke, fumes,
glare and odors.
19. The proposed development will serve existing and growing needs and
will provide services to surrounding institutional, commercial and residential
development.
20. The development of the property as an (L-O;) Limited Office, as
requested by the Applicant, will be compatible to the development in the surrounding
area subject to the conditions of development herein found to be reasonable in
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
relation to the requested zone (L-O) Limited Office District and is accordance with
the adoptive Comprehensive Plan of the City of Meridian.
'? 1. There are no major or scenic features of major importance that affect
the consideration of this application.
22. The subject annexation request and zoning designation and proposed
development relates to the goals and policies of the Comprehensive plan of the City
as follo~~~s:
22.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
22.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
22.3 The expansion of commercial development is facilitated by the granting
of this application subject to the conditions herein set forth.
22.4 The application is consistent with Meridian's self identity.
22.5 The proposed development will be consistent with the goal of supplying
employment and economic self-sufficiency for the existing and future
residents of the City and the reduction of the reliance upon Boise and
the strengthening of the City's ability to finance and implement public
improvements, services and its open space character.
22.6 The preservation and improvement of the character and quality of
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
2 2.7 Compliance `with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
22.8 Compatible and efficient' use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
23. The property can be physically serviced with City water and sewer, if
applicant extends the lines.
24. Meridian has, and is, experiencing a population increase; that there are
pressures on land previously used for agricultural uses to be developed into
commercial uses and other uses.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section SO-222. The Municipal Code of the City of Meridian Section 11-
2-417 provides the City may annex real property that is within the Meridian Urban
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 y
AND DECISION AND ORDER GRANTING APPLICATION
FOR ~-1.NNEXATION AND ZONING/LDS CHURCH
Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted
December°21, 1993, Ord. No. 629, January 4, 1994.
4. The following are found to be pertinent provisions of_the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
4.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter`.
4.3 The expansion of commercial development is facilitated by the granting
of this application subject to the conditions herein set forth.
4.4 The application is consistent with Meridian's self identity.
4.5 The proposed development will be consistent with the goal of supplying
employment and economic self-sufficiency for the existing and future
residents of the City and the reduction of the reliance upon Boise and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR A~~INEXATION AND ZONING/LDS CHURCH
the strengthening of the City's ability to finance and implement public
improvements, services and its open space character.
-1.6 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
=~.7 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
4.8 Compatible and efficient use of land, through innovative and-functional
site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
5. The requested zoning of Limited Office, (L-O) is defined in the Zoning
Ordinance at 11-2-408 B. 7. as follows:
(L-O) Limited Office District: The purpose of the (L-O) District is to
permit the establishment of groupings of professional, research,
executive, administrative, accounting, clerical, stenographic, public
service and similar uses. Research uses shall not involve heavy testing
operations of any ldnd or product manufacturing of such a nature to
create noise, vibration, or emissions of a nature offensive to the overall
purpose of this district. The L-O District is designed to act as a buffer
between other more intense non-residential uses and high density
residential uses, and is thus a transitional use. Connection to the
Municipal Water and Sewer systems of the City of Meridian is a
requirement in this district.
6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B,
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
! t-
Commercial, lists commercial uses allowed in the various zoning districts of the City;
that churches are listed as permitted uses in the Limited Office (L-O) District.
7. Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
S. The development of~the annexed land, if annexed, shall meet and
comply with the Ordinances of the City of Meridian including, but not limited to:
Section 11-9-616 which pertains to development time schedules and requirements;
Section 11-9-605 M, which pertains to the piping of ditches; and`Section 11-9-606 B
14., which pertains to pressurized irrigation systems.
9. The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
10. Section 11-2-417 D of the Zoning and Development Ordinance
provides in part as follows:
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
conimitinent concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNE;YATION AND ZONING/LDS CHURCH
•
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS O;F FACT AND CONCLUSIONS OF -LAW, the City Council does
hereby Order and this does Order:
1. This application is for annexation and zoning of 5.0 acres located at
1985 Placlc Cat Road, Meridian, Idaho. The legal description shall be prepared by a
Registered Land Surveyor, Licensed by the State of-Idaho, and shall conform to all
the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per
Ordinance No. 686.
2. That the City Attorney shall prepare for consideration by the City
Council the appropriate ordinance for the annexation and zoning designation, (L-O)
Limited Office Ordinance shall not be finally approved by the City Council until
provisions of parts 1 and 3 of this order have been met; and
3. Developer enter into a Development Agreement, that provides in the
event the conditions therein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian which provides for the following
conditions of development to-wit:
3.1 Applicant shall comply with Ada County Highway District
requirements. A copy of ACRD approval letter and copy of recorded
warranty deed for additional right-of--way shall be submitted prior to
applying for building permit.
3.2 Any existing irrigation/drainage ditches crossing the property shall be
tiled per City- Ordinance 1 1-9-605.M. The ditches to be piped shall be
shown on the site plans. Plans shall be approved by the appropriate
irrigation/drainage district, or lateral users' association, with written
confirmation of said approval submitted to the Public Worlcs
Department.
3.3 Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance Section
5-7-5 17. Wells may be used for non-domestic purposes such as
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXE-1TION AND ZONING/LDS CHURCH
landscape irrigation.
3.4 Off-street parking shall be provided in accordance with Section 11-2-
414 of the City of Meridian Zoning and Development Ordinance and/or
as detailed in site-specific requirements.
3.~ ~ Paving and striping shall be in accordance with the standards set forth
in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian
Zoning and Development Ordinance and in accordance with Americans
with Disabilities Act (ADA) requirements.
~.6 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer (Ord.
557, 10-1-91) for all off-street parking areas. All site drainage shall be
contained and disposed of on-site.
3.7 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Section 11-2-414.D.3. t
3.8 Five-foot-wide sidewalks shall be provided and constructed in
accordance with City Ordinance Section 11-9-606.B. Crossing of the
existing ditches with a continuous sidewalk along Black Cat Road shall
be provided in coordination with adjacent property.
3.9 All construction shall conform to the requirements of the Americans
tiVith Disabilities Act.
3.10 The Public Worlcs Department shall be provided with information on
anticipated fire flow and domestic water requirements for the proposed
site. Flow and pressure from the existing mains should be monitored
`with the Meridian Water Department to determine whether adequate
fire protection exists.
3.11 Applicant shall be required to enter into an Assessment Agreement with
the City of Meridian.
3.12 Handicapped accessible parking spaces shall be provided in accordance
with the Americans With Disabilities Act. For the number of parking
spaces shown on the preliminary site plan, a minimum of eight
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15
AND DECISION AND- ORDER GRANTING APPLICATION
FOR ANNEXATION A1~1D ZONING/LDS CHURCH
•
handicapped accessible stalls shall be provided. All building and parking
lot construction shall meet the requirements of the Americans With
Disabilities Act.
3.13 No City water shall be allowed for landscape irrigation.
3.14 Six-foot-high, permanent perimeter fencing and buffering shall be
provided adjacent to the existing residential and agricultural uses.
3.15 A Certificate of Zoning Compliance shall be required prior to applying
for a building permit. A detailed site plan showing landscaping,
screened trash enclosures, parking, etc., shall be provided for approval.
A minimum 20-foot-wide planting strip beyond required right-of-~vay
shall be provided. Locations and construction requirements for trash
areas shall be coordinated with Meridian Sanitary Services, Inc., and
Applicant shall provide a letter of approval from their office prior to
applying for building permits.
3.16 Utility locations shall be coordinated with Meridian Public Worlcs
Department. The Applicant shall extend the City sewer line to the
subject property along the west side of Blaclc Cat Road from the
Turnberry No. 1 Subdivision.
3.17 The annexation shall limit the use of the property to public and quasi- '
public uses. `
3.18 Assessment fees for water and sewer service are determined during the
building plan review process. Any applicable .latecomer fees will also be
determined at that time.
3.18 All signage shall be subject to design review.
3.19 The Applicant shall obtain written approval for the central sewage and
central water prior to the approval of the annexation and zoning.
3.20 48-feet of right-of-~vay from the centerline of Blaclc Cat Road abutting
the parcel shall be dedicated 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
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 ~ of ACHD Ordinance # 188.
3.21 Utility street cuts in the new pavement are not allowed unless approved
in writing by the District.
3.22- A 5-foot-wide detached concrete sidewalk shall be constructed on Black
Cat Road abutting the site. The side~vallc shall be located within two-
feet of the right-of-way of Blaclc Cat Road. The location, elevation and
grade of the sidewalk shall be coordinated with the District staff.
3.23 All driveways shall be located a minimum of 220-feet from the nearest
existin~proposed driveway on Blaclc Cat Road. All driveways on Black
Cat Road shall be constructed as 24 to 30-foot wide curb return
driveways. The driveway shall be paved its full required width and at
least 30-feet beyond the edge of pavement on Black Cat Road and
pavement tapers installed-with 15-foot radii abutting the existing
roadway edge.
3.24 A site plan shall be submitted showing all existing and proposed
driveways on Blaclc Cat Road located within 200-feet either side of the
north and south property lines.
3.25 As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
.-,
,~
ice,,, ~,)
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 is a person ~vho
has an interest in real property which may beadversely affected by the issuance or
denial of the annexation and zoning and who may within twenty-eight (28) days
after the date of this decision and order'seelc a judicial review as provided by Chapter
52, Title 67, Idaho Code. .-
~.
By action of the City Council at its regular meeting held ~~~ l s~ , 1999.
ROLL CALL
COUNCILMAN RON ANDERSON
COUNCILMAN GLENN BENTLEY
COUNCILMAN KEITH BIRD
COUNCILMAN CHARLIE ROUNTREE
MAYOR R/OBERT D. CORRIE (TIE BREAKER)
DATE: ~/ ~~ ~~
INDINGS OF FACT AND CONCLUSIONS OF LAW -Page 18
ND DECISION AND ORDER GRANTING APPLICATION
OR ANNEXATION AND ZONING/LDS CHURCH
,,
VOTED ~ ~~
~ G'
VOTED
VOTED,
VOTEDv~
VOTED
MOTION:
APPROVE ~ ~TSAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
B .~~~G~~=--- /,j~~ ~ Dated: ~~~~~~
City Cleric `~``~,,sSZia ~~~JJJJ,~f,y,
r
mSg/Z:\Worl:\NI\Nleridian li360M\LDSBIackC~FC ~O
,,,~, e~.,,.~ ,~ ,,,,
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 19
AND DECISION .AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
i
A tract of land in the SE I/4 SE 1/4 of Section 4, T. 3 N., R. 1 W., B.l~l., Ada
County, Idaho, more .particularly described as follows:
Beginning at a point on the section line which bears N. 0° 17' 10" E., 1064.62
feet from the section corner common to Sections 3, 4, 9 and 10, T. 3 N., R. 1
tiV., B.M., thence N. 0°17'10" E. along the section line, 411.34 feet to a point;
thence N. 89°39'20" W., 529.54 feet to a steel pin; thence S. "0°17' 10" W.,
411.34 feet to a steel pin; thence S. 89°39'20" E., 529.54 feet to the point of
beginning. Said tract of land contains 5.000 acres, more or less, subject to
easements of record or in use, and subject to an easement for ingress and egress
across the southerly 25 feet of the above-described tract, e;ccept ditch, road
and canal rights-of-~vay and easements together with all water, water rights,
_ ditches and ditch rights and power easements of record or in use.
EXHIBIT "A" TO THE FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION FOR
ANNEXATION AND ZONING/LDS CHURCH
,.
,._
LOMBARD-CONRAD A~ITECTS P.A. •
1221 Shoreline Lane , r LETTE OF TRANSMITTAL ,
BOISE, IDAHO •.83702-6880 ~ ~`
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'` (208) 345-6677 ' ~~ ~
FAX, (208) .344=90/02 {
TO ~ ~ ~ ~.~ ~~-{~ ~
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DATE JOB NO.
~~
TRANSMI AL N FILE COD
ATTENTION
REF.
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WE ARE SENDING YOU ATTACHED THE FOLLOWING ITEMS.
^ Shop Drawings ^ Prints' ^ Samples ^ Specifications
^ D
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s ra
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COPIES 'DATE NO. DESCRIPTION
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THESE ARE TRANSMITTED AS CHECKED BELOW:
or Your Use ^ For Review & Comment
} As Requested ^ ~ Note Markings
^ Other 4
^ No Exceptions Noted
^ Returned for Corrections
'REMARKS:
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COPIES TO:
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W/ENCL
SIGNED:
~-.._.
** TX CONFIRM~ON REPORT ** AS OF JUN 02 'i39 14:44 PAGE.01
'' CITY OF MERIDIAN
DATE TIME TO/FROM MODE MIN/SEC PGS CMDtt STATUS
07 06/02 14:43 PUBLIC WORKS OF--S 00'55" 004 141 OK
-------------------------------------------------------------------------------------------
Mo~c~ KUB OF TRF1tSURE VALLEY
R09ERT D, CORR~ A Good Plate co Live LEGAL DEPART{~IENT
Counril Mr~hr~
CHARLES ROUNTREE T A
Cj~~y O~ MERIDIA~
33 EAST IDAHO 1'-OS) 981.16.1
PUBLIC WORKS
BUILDING DEP.4RTlLIENT
GLENN BENTLEY MERIDIAN, IDAHO 83642 l=o9t s8~-__ I t
RON ANDERSON Phone (208) 888.4433 • Fax (208) 887-33 t 3 PLANNING AND ZONING
KEITH H[RD DEP.4RT~IENT
(2!)8) 891-5537
FACSIMILE COVER SHEET
FAX NUMBER: ~_ g ~ - ~ ~ ~~ DATE: ~ Z
TO: 1 1 1 I ~~ - -
TITLE/DEPARTMENT:
CONFIDENTIAL: YES NO
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET):
F OM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218
NAME:
U
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY (208) 888-4433. ~ ~ ~'
~ ~
MERIDIAN CITY COUNCIL MEETING: JUNE 1 1999
APPLICANT: LOMBARD CONRAD ARCHITECTS AGENDA ITEM NUMBER: 7
REQUEST: ANNEXATION AND ZONING OF 5 ACRES FOR LDS CHURCH
AGENCY
CITY CLERK:
COMMENTS
SEE ATTACHED MINUTES
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
SEE ATTACHED FINDINGS
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'-"'"~ r~ ~
"ll_Al
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All ~ ~ 4 J
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'II become property of the City of Meridian.
~'
• •
Meridian City Council Meeting
June 1, 1999
Page 6
Rountree: Mr. Mayor I move we that. approve the Findings of Fact and Conclusions of
Law and Decision and Order with modifications made to the Decision and Order on
page 10, item 2.1 B substituting the word "allowed" for the word "acquired". And on
page 11 of the same document item 2.6 that should read the applicant shall not pipe the
Nine Mile Drain and shall provide a multiple use pathway along Nine Mile Drain and
utilize Nine Mile Drain as an amenity to the development.
Bentley: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bentley to approve the Findings of
Fact and Conclusions of Law with the additions and corrections in the motion. Is there
any further discussion? Hearing none, roll call vote.
ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD, YEA.
MOTION CARRIED: ALL YEAS.
Corrie: Do we need a motion on that to work the amendment on the ordinance or are
you just going to do it?
Rountree: That's in the Decision and Order.
Corrie: Okay, all right.
7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
ANNEXATION & ZONING OF 5 ACRES (FOR L-O ZONING) BY LOMBARD
CONRAD ARCHITECTS-1985 BLACK CAT:
Corrie: Staff.
Stiles: Mr. Mayor and Council, this would have required a development agreement
according to the Decision and Order. The only thing I would request on page 16 under
item 3.15 line three, I'd. ask.that the words "and approved" be changed to "for approval"
by the Planning and Zoning. Department. lt's just a minor issue, but the way it's worded,
it almost -not that it would happen in this case, but some people may think that the fact
that they have provided a plan means it will be approved.
Corrie: Anything else Shari?
Stiles: No, that's all. Thank you.
Corrie: Further discussion on item number seven by Council? I'll entertain a motion on
item number seven.
• •
Meridian City Council Meeting
June 1, 1999
Page 7
Bentley: Mr. Mayor I move we approve the annexation and zoning of 5 acres Lombard
Conrad Architects with the change on page 16 number 3.15 changing "and approved" to
"for approval" and prepare a Decision and Order.
Bird: Second.
Corrie: Motion is made and'second that we approve the Finding`s of Fact and
Conclusions of Law - do we need other Findings of Fact and Conclusions of Law or can
we use these? I'm confused here: We don't need other Findings of Fact and .
Conclusions of Law. Do we have to approve these? All right, we have a motion before
the floor the Findings of Fact and Conclusions of Law be approved with the corrections
as stated. Any further discussion? '
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD,
=YEA.
MOTION CARRIED: ALL YEAS.
8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
ANNEXATION & ZONING OF ONE ACRE (FOR R-15 ZONING) BY ALICE
CULVER-911 E-PINE STREET:
Corrie: Staff comments?
Stiles: Mr. Mayor and Council, this wil! also require a development agreement and
under 3.6 on page 14, if it is your desire that since could be reworded if the R-15 zone is
approved, all development proposals .shall be processed under the conditional use
permit process.
Come: Anyone here from the Alice Culver here tonight? Council any further
discussion?
Bentley: I have none.
Bird: I have none.
Come: -I'll entertain a motion on the number eight.
Bentley: Mr. Mayor, I move we approve the Findings of Fact and Conclusions of Law
and Decision and Order granting application for annexation and zoning for Alice Culver
with the change noted on page 14, 3.6 that ifthe R-15 zone is approved that all
development proposals shall be.processed under the conditional use process.
:~
Mayor HUB OF TRE.~SURE VALLEY
ROBERT D. CORRIE ~ A Good Place to Live
~o,~ iI~I mgrs CITY OF~ MERIDIAN
CHARLES ROUNTREE 33 EAST IDAHO
GLENN BENTLEY MERIDIAN, IDAHO 83642
RON ANDERSON Phone (208) 888-4433 •"Fax (208) 887-4813
KEITH BIRD
FACSIMILE COVER SHEET
LEGAL DEPARTMENT
hoa> aaa-az~.~
PUBLIC WORKS
BUILDING DEPARTMENT
c~oa> aa~_» i i
PLANNING AND ZONING
DEPARTMENT
(208)asa-5533
FAX NUMBER: ~5 ~ ~ -~ ~ ~~ DATE: UL 2 ~
TO: I Lim (J~~~I~~
TITLE/DEPARTMENT:
CONFIDENTIAL: YES NO
TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET):
F~F~OM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218
NAME:
PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS
SUCCESSFULLY (208) 888-4433.
•
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF LOMBARD
CONRAD ARCHITECTS, THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 5.0 ACRES FOR LDS
CHURCH AT 1985 BLACK CAT
ROAD, MERIDIAN, IDAHO
6
Case No. AZ-99-003
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on
for public hearing on May 18, 1999, at the hour of 7:00 o'clock p.m., and Shari
Stiles, Planning and Zoning Administrator, and Gary Smith., Public Worlcs, having
appeared and testified, and the Applicant's representative, Steve Simmons of
Lombard Conrad Architects, having appeared and testified and no one having
testified in opposition and the City Council having duly considered the evidence and
the record in this matter therefore makes the following Findings of Fact and
Conclusions of Law, and Decision and Order:
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive ~veelcs prior to said public hearing
scheduled for May 18, 1999, before the City Council, the first publication appearing
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
,,
•
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 that 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 May 18, 1999, public
hearing; 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.
2. There has been compliance with all notice and hearing requirements set
forth u1 Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A,
Municipal Code of the City of Meridian.
3. The City Council 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.
4. The property which is the subject to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
a
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
L~
if set forth in full. The property is approximately 5.0 acres in size. The property is
located at 1985 Blaclc Cat Road, Meridian, Idaho.
5. The Applicant, Lombard Conrad Architects, is acting on behalf of the
record owner of the property, The Corporation of the Presiding Bishop of the Church
of Jesus Christ of Latter Day Saints, of 50 East North Temple Street, 12th Floor
East, Salt Lalce City, Utah, and has filed a written request for annexation and zoning.
6. The property is presently zoned by Ada County as Rural Transitional,
(R-T), and consists of a residential dwelling.
7. The Applicant requests the property be zoned Limited Office (L-O).
8. The Applicant has requested the annexation and. this zoning, and the
application was not initiated at the request of the City of Meridian.
9. The property is located on the west side of Black Cat Road
approximately 1,300 feet north of Cherry Lane, Meridian, Idaho.
10. The proposed site of the subject property is located at 1985 Blaclc Cat
Road, Meridian, Idaho.
11. The city limits.of the City of Meridian are adjacent and abut on the east
side of the subject real property.
12. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
13. The entire parcel of the property is included within the Meridian Urban
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
14. The Applicant proposes to develop the subject property in the following
manner: construct a 26,000 square foot stake center.
1 S. The Applicant's requested zoning of the subject real property as
Limited Office (L-O) is consistent with the Meridian Comprehensive Plan
Generalized Land Use Map which designates the subject property as Ada County
Single Family Residential, subject to quasi and public access.
16. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose. expense upon the public if the following conditions of development are
imposed:
Adopt the Planning and Zoning Administrator and Assistant City
Engineer Recommendations as follows:
16.1 Applicant shall provide a legal description stamped by an Idaho
Registered Land Surveyor, which meets the requirements of the City of
Meridian and Idaho State Tax Commission.
16.2 Applicant shall comply with Ada County Highway District
requirements. A copy of ACRD approval letter and copy of recorded
warranty deed for additional right-of-way shall be submitted prior to
applying for building permit.
16.3 Any existing irrigation/drainage ditches crossing the property shall be
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4~
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
tiled per City Ordinance 1 1-9-605.M. The ditches to be piped shall be
shown on the site plans. Plans shall be approved by the appropriate
irrigation drainage district, or lateral users' association, with written
confirmation of said approval submitted to the Public Worlcs
Department.
16.4 Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance Section
5-7-5 17. Wells may be used for non-domestic purposes such as
landscape irrigation.
16.5 Off-street parking shall be provided in accordance with Section 11-2-
414 of the City of Meridian Zoning and Development Ordinance and/or
as detailed in site-specific requirements.
16.6 Paving and striping shall be in accordance with the standards set forth
in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian
Zoning and Development Ordinance and in accordance with Americans
with Disabilities Act (ADA) requirements.
16.7 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer (Ord.
557, 10-1-91) for all off-street parking areas. All site drainage shall be
contained and disposed of on-site. }
16.8 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Section 11-2-414.D.3.
16.9 Five-foot-wide sidewalks shall be provided and constructed in
accordance with City Ordinance Section 11-9-606.B. Crossing of the
existing ditches with a continuous sidewalk along Black Cat Road shall
be provided in coordination with adjacent property.
16.10 All construction shall conform to the requirements of the Americans
With Disabilities Act.
16.11 The Public Worlcs Department shall be provided with information on
anticipated fire flow and domestic water requirements for the proposed
site. Flow and. pressure from the existing mains should be monitored
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
with the Meridian Water Department to determine whether adequate
fire protection exists.
16.12 Applicant shall be required to enter into an Assessment Agreement with
the City of Meridian.
16.13 Handicapped accessible parking spaces shall be provided in accordance
with the Americans With Disabilities Act. For the number of parking
spaces shown on the preliminary site plan, a minimum of eight
handicapped accessible stalls shall be provided. All building and parking
lot construction shall meet the requirements of the Americans With p
Disabilities Act.
16.14 No City water shall be allowed for landscape irrigation.
1 b. l 5 Six-foot-high, permanent perimeter fencing and buffering shall be
provided adjacent to the existing residential and agricultural uses.
16.16 A Certificate of Zoning Compliance shall be required prior to applying
for a building permit. A detailed site plan showing landscaping,
screened trash enclosures, parking, etc., shall be provided and approved.
A minimum 20-foot-wide planting strip beyond required right-of--way
shall be provided. Locations and construction requirements for trash
areas shall be coordinated with Meridian Sanitary Services, Inc., and
Applicant shall provide a letter of approval from their office prior to
applying for building permits.
16.17 Utility locations shall be coordinated with Meridian Public Worlcs
Department. The Applicant shall extend the City sewer line to the
subject property along the west side, of Blaclc Cat Road from the
Turnberry No. 1 Subdivision.
16.18 The annexation shall limit the use of the property to public and quasi-
public uses.
16.19 Assessment fees for water and sewer service are determined during the
building plan review process. Any applicable latecomer fees will also be
determined at that time.
16.20 All signage shall be subject to design review.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6
AND DECISION AND ORDER GRANTING~APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
s. 5 ,..
,~I
1~7
Adopt the Central District Health Department's Recommendations as follows:
16.21 The Applicant shall obtain written approval for the central sewage and
central water prior to the approval of the annexation and zoning.
Adopt the Ada County Highway District's Recommendations as follows:
r
' 16.22 48-feet of right-of-way from the centerline of Black Cat Road abutting
t11e parcel shall be dedicated 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.
16.23 Utility street cuts in the new pavement are not allowed unless approved
in writing by the District.
16.24 A 5-foot-wide detached concrete sidewalk shall be constructed on Black
Cat Road abutting the site. The sidewalk shall be located within two-
feet of the right-of-way of Blaclc Cat Road. The location, elevation and
grade of the sidewalk shall be coordinated with the District staff.
16.25 All driveways shall be located a minimum of 220-feet from the nearest
existing1proposed driveway on Blaclc Cat Road. All driveways on Black
Cat Road shall be constructed as 24 to 30-foot wide curb return
driveways. The driveway shall be paved its full required width and at
least 30-feet beyond the edge of pavement on Blaclc-Cat Road and
pavement tapers installed with 15-foot radii abutting the existing
roadway edge.
16.26 A site plan shall be submitted showing all existing and proposed
driveways on Blaclc Cat Road located within 200-feet either side of the
north and south property lines.
16.27 As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel. `
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
~.
I7. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these findings of fact no. 16, and all
subparts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
18. It is found that the development considerations which must be taken
into account, in order to assure the proposed development is designed, constructed,
operated and maintained in a manner which is harmonious and appropriate in
appearance with the existing, or intended character of the general vicinity, in order to
assure that the proposed use will not change the essential character of the affected
vicinity and will insure that the proposed uses will not be hazardous or disturbing to
the existing, or future neighboring uses, particularly considering the~impact of
proposed development on potential to produce excessive traffic, noise, smoke, fumes,
glare and odors.
I9. The proposed development will serve existing and growing needs and
will provide services to surrounding institutional, commercial and residential
development.
20. The development of the property as an (L-O) Limited Office, as
requested by the Applicant, will be compatible to the development yin the surrounding
area subject to the conditions of development herein found to be reasonable in
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
relation to the requested zone (L-O) Limited Office District and is accordance with
the adoptive Comprehensive Plan of the City of Meridian.
21. There are no major or scenic features of major importance that affect
the °consideration of this application.
22. The subject annexation request and zoning designation and proposed
development relates to the goals and policies of the Comprehensive plan of the City
as follows:
22.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
22.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
22.3 The expansion of,commercial development is facilitated by the granting
of this application subject to the conditions herein set forth.
22.4 The application is consistent with Meridian's self identity.
22.5 The proposed development will be consistent with the goal of supplying
employment and economic self-sufficiency for the existing and future
residents of the City and the reduction of the reliance upon Boise and
the strengthening of the City's ability to finance and implement public
improvements, services and its open space character.
22.6 The preservation and improvement of the character and quality of
FINDINGS OF-FACT AND CONCLUSIONS OF LAW -Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FORANNEXAlIONAND ZONING/LDS CHURCH
•
Meridian's man-made environment while maintaining its identity as a
self-sufficient community"is achieved by applying the criteria of the
_Comprehensive plan and the Zoning ordinances of the City to the
subject application.
22.7 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
22.8 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
23. Tlie property can be physically serviced with City water and sewer, if
applicant extends the lines.
24. Meridian has, and is, experiencing a population increase; that there are
pressures on land previously used for agricultural uses to be developed into
commercial uses and other uses.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written
- request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Municipal Code,of the City of Meridian Section 11-
2-417 provides the City may annex real property that is within the Meridian Urban
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
• •
Service Planning Area as set forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted
December 21, 1993, Ord. No. 629, January 4, 1994.
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application:'
4.2 This proposed new growth development will. finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
4.3 The expansion of commercial development is facilitated by the granting
of this application subject to the conditions herein set forth.
4.4 The application is consistent with Meridian's self identity.
4.5 The proposed development will be consistent with the goal of supplying
employment and economic self-sufficiency for the existing and future
residents of the City and the reduction of the reliance upon Boise and
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
•
the strengthening of the City's ability to finance and implement public
improvements, services and its open space character.
=1.6 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
4.7 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
4.8 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
5. The requested zoning of Limited Office, (L-O) is defined in the Zoning
Ordinance at 11-2-408 B. 7, as follows:
(L-O) Limited Office District: The purpose of the (L-O) District is to
permit the establishment of groupings of professional, research,
executive, administrative, accounting, clerical, stenographic, public
service and similar uses. Research uses shall not involve heavy testing
operations of any kind or product manufacturing of such a nature to
create noise, vibration, or emissions of a nature offensive to the overall
purpose of this district. The L-O District is designed to act as a buffer
between other more intense non-residential uses and high density
residential uses, and is thus a transitional use. Connection to the
Municipal Water and Sewer systems of the City of Meridian is a
requirement in this district.
6. Tl1at Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B,
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
.,.Commercial, lists commercial uses allowed in the various zoning districts of the City;
that churches are listed as permitted uses in the Limited Office (L-O) District.
7. Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs.-The
City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
S. The development of the annexed land, if annexed, shall meet and
comply with the Ordinances of the City of Meridian including, but not limited to:
Section 11-9-616 which pertains to development time schedules and requirements;
Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B
14., which pertains to pressurized irrigation systems.
. 9. The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
10. Section 11-2-417 D of the Zoning and Development Ordinance
provides in part as follows:
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning. the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
DECISION AND ORDER
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:
l . This application is for annexation and zoning of 5.0 acres located at
1985 Placlc Cat Road, Meridian, Idaho. The legal description shall be prepared by a
Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all
the provisions of the City of Meridian Resolution No. 158. The legal description for
annexation must place this parcel contiguous to the Corporate City Limits per
Ordinance No. 686.
2. That the City Attorney shall prepare for consideration by the City
Council the appropriate ordinance for the annexation and zoning designation, (L-O)
Limited Office Ordinance shall not be finally approved by the City Council until
provisions of parts 1 and 3 of this order have been met; and
3. Developer enter into a Development Agreement, that provides in the
event t11e conditions therein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian which provides for the following
conditions of development to-wit:
3.1 Applicant shall comply with Ada County Highway District
requirements. A copy of ACRD approval letter and copy of recorded
warranty deed for additional right-of-way shall be submitted prior to
applying for building permit.
3.2 .Any existing irrigation/drainage ditches crossing the property shall be
tiled per City Ordinance 1 1-9-605.M. The ditches to be piped shall be
shown on the site plans. Plans shall be approved by the appropriate
irrigation/drainage district, or lateral users' association, with written
confirmation of said approval submitted to the Public Worlcs
Department.
3.3 Any existing domestic wells and/or septic systems within this project
shall be removed from their domestic service per City Ordinance Section
5-7-5 17. Wells may be used for non-domestic purposes such as
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNE~t1TION AND ZONING/LDS CHURCH
landscape irrigation.
F
3.4 Off-street parking shall be provided in accordance with Section 11-2-
414 of the City of Meridian Zoning and Development Ordinance and/or
as detailed in site-specific requirements.
3.5 Paving and striping shall be in accordance with the standards- set forth
in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian
Zoning and Development Ordinance and in accordance with Americans
with Disabilities Act (ADA} requirements.
3.6 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer (Ord.
557, 10-1-91) for all off-street parking areas. All site drainage shall be
contained and disposed of on-site.
3.7 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Section 11-2-414.D.3.
3.8 Five-foot-wide sidewalks shall be provided and constructed in
accordance with City Ordinance Section 11-9-b06.B. Crossing of the
existing ditches with a continuous sidewalk along Black Cat Road shall
be provided in coordination with adjacent property.
3.9 All construction shall conform to the requirements of the Americans
With Disabilities Act.
3.10 The Public Works Department shall be provided with information on
anticipated fire flow and domestic water requirements for the proposed
site. Flow and pressure from the existing mains should be monitored
with the Meridian Water Department to determine whether adequate
fire protection exists.
3.11 Applicant shall be required to enter into an Assessment Agreement with
the City of Meridian.
3.12 Handicapped accessible parking spaces shall be provided in accordance
with the A.inericans With Disabilities Act. For the number of parking
spaces shown on the preliminary site plan, a minimum of eight
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
handicapped accessible stalls shall be provided. All building and parking
lot construction shall meet the requirements of the Americans With
Disabilities Act.
3.13 No City water shall be allowed for landscape irrigation.
3.14 Six-foot-high, permanent perimeter fencing and buffering shall be
provided adjacent to the existing residential and agricultural uses.
3.15 A Certificate of Zoning Compliance shall be required prior to applying
for a building permit. A detailed site plan showing landscaping,
screened trash enclosures, parking, etc., shall be provided for approval.
A minimum 20-foot-wide planting strip beyond required right-of-way
shall be provided. Locations and construction requirements for trash
areas shall be coardinated with Meridian Sanitary Services, Inc., and
Applicant shall provide a letter of approval from their office prior to
applying for building permits.
3.16 Utility locations shall be coordinated with Meridian Public Worlcs
Department. The Applicant shall extend the City sewer line to the
subject property along the west side of Blaclc Cat Road from the
Turnberry No. 1 Subdivision.
3.17 The annexation shall limit the use of the property to public and quasi-
public uses.
3.18 Assessment fees for water and sewer service are determined during the
building plan review process. Any applicable latecomer fees will also be
determined at that time.
3.182 All signage shall be subject to design review.
3.19 The Applicant shall obtain written approval for the central sewage and
central water,prior to the approval of the annexation and zoning.
3.20 48-feet of right-of-way from the centerline of Blaclc Cat Road abutting
the parcel shall be dedicated 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
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.
3.21 Utility street cuts in the new pavement are not allowed unless approved
in writing by the District.
~.
3.22 A 5-foot-wide detached concrete sidewalk shall be constructed on Black
Cat Road ab~itting the site. The sidewalk shall be located within two-
feet of the right-of-way of Black Cat Road. The location, elevation and
grade of the sidewalk shall be coordinated with the District staff.
3.23 All driveways shall be located a minimum of 220-feet from the nearest
e~isting/proposed driveway on Black Cat Road. All driveways on Black
Cat Road shall be constructed as 24 to 30-foot wide curb return
driveways. The .driveway shall be paved its full required width and at
least 30-feet beyond the edge of pavement on Black Cat Road and
pavement tapers installed with 15-foot radii abutting the existing
roadway edge.
3.24 A site plan shall be submitted showing all existing and proposed
driveways on Black Cat Road located within 200-feet either side of the
north and south property lines.
3.25 As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
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 is a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who 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 ~~ l s~ , 1999.
ROLL CALL
COUNCILMAN RON ANDERSON
COUNCILMAN GLENN BENTLEY
COUNCILMAN KEITH BIRD
COUNCILMAN CHARLIE ROUNTREE
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATE: 1'/ ~~ ~~
VOTED r~~:,-v-~
C`
VOTED
VOTED~~~
VOTED
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
MOTION:
E~~
APPROVED: 1 ZSAPPROVED:
~--
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
B ,~:~,GG~=-•- r Dated: ~~~~~~
•City Clerl: ~`~~~„~,tie- ~+~~r,`''~f/+~J,,
ms~fZ:\Work\MUVieridian 15360M\LDSBIackC~FFC ~ `O
$L =
' 9~a/~~ 1. '~~ ..
`f,'j`'~~lf112}j tilt-«,~\`\```\
FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/LDS CHURCH
~ ~ !
A tract of land in .the SE 1/4 SE 1/4 of Section 4, T. 3 N., R. 1 W., B.M., Ada
County, Idaho, more particularly described as follows:
Beginning at a point on the section line which bears N. 0° 17' 10" E., 1064.62
feet from the section corner common. to Sections 3, 4, 9 and 10, T. 3 N., R. 1
W., B.M., thence N. 0°17'10" E. along the section line, 411.34 feet to a point;
thence N. 89°39'20" W., 529.54 feet to a steel pin; thence S. 0°17'10" W.,
411.34 feet to a steel pin; thence S. 89°39'20" E., 529.54 feet to the point of
beginning. Said tract of land contains 5.000 acres, more or less, subject to
easements of record or in use, and subject to an easement for ingress and egress
across the southerly 25 feet of the above-described tract, except ditch, road
and canal rights-of-way and easements together with all water, water rights,
ditches and ditch rights and power easements of record or in use.
EXHIBIT "A" TO THE FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING APPLICATION FOR
ANNEXATION AND ZONING/LDS CHURCH
• •
MERIDIAN CITY COUNCIL MEETING
MAY 18, 1999
PAGE 20
Corrie: Motion made and second to close the public hearing. All those in favor say aye.
MOTION CARRIED: ALL AYES.
Rountree: Mr. Mayor, a question'for`City Atta~ney. Findings on a vacation?
Gigray: We have, yeah, we've done that before. We just did an order granting the
approval of the request and then we've just had it signed by the Mayor and then since
there is no debate here about any of the recommendations, we just pull the Findings
from this. The orders before have signified the City's approval the requested vacation
and 1 just have included the language which I stated. If you don't want that language in
there, just say so in your motion. i'll do as you say.
Rountree: Sure you will. Mr. Mayor I move that we have the City Attorney prepare
Findings of Fact and Conclusions of Law and Order of Decision recommending the
approval of the request for vacation of lots 8 and 9 in block 8, Meridian Greens
Subdivision.
Bentley: Second.
Corrie: Motion is made by Mr. Rountree second by Mr. Bentley to approve the request
for vacation of lots 8 and 9 of block 8 of Meridian Greens Subdivision and order the
attorney to draw up the Findings of Fact and Conclusions of Law.
Gigray: Mr. Mayor and members of the Council, just a point of clarification on the
motion so I know what to do. If you do not want the language that it's subject and
dependent upon the applicant filing an appropriate petition for vacation to the Ada
County Highway District, I will not include that in the order. Now tell me not to. If you
don't direct that way, then i will include that.
Rountree: t understood that the first time. That's why I didn't include it in my motion
that !think it's wise that we direct them to check in case there's a legal issue.
Gigray: Thank you.
Corrie: Any further discussion? Hearing none, all those in favor of the original motion
say aye.
MOTION CARRIED: ALL AYES.
'~ 10. PUBLIC HEARING: REQUEST FOR ANNEXATION 8~ ZONING OF 5 ACRES (FOR L-
O ZONING) BY LOMBARD CONRAD ARCHITECTS-1985 BLACK CAT:
MERIDIAN CITY COUNCIL MEETING
MAY 18, 1999
PAGE 21 .
Corrie: At this time I will open the public hearing and invite staff first. Any comments on
your recommendations and any other comments you might have.
i
Stiles: Mr. Mayor and Council, this is a request for annexation and zoning to L-O for an
LDS church. Staffs recommendation was since this is shown as single family
residential in the Comprehensive Plan that if it is rezoned that it be limited to public and
quasi public uses and ask that you incorporate our comments in our memo dated April
Stn 1999 in your ftndings,
Smith: Mr. Mayor and council members, I noticed in reviewing the recommendations
that Planning and Zoning and Public Works had submitted that a comment was
inadvertently omitted concerning the required extension of the sanitary sewer line along
the west side of Black Cat Road. At the present time it ends at the south side of
Turnberry Subdivision. The sewer line would need to be extended to the south along
the west side of Black Cat Road to the south boundary of the parcel that's being
requested for annexation and zoning. I'd like to have that added as a condition from the
Public Works Department. Thank you.
Corrie: Shari, since we're in a public hearing, do you recommend that we have a
development agreement or are you requesting one since fihere are a lot of conditions
here?
Stiles: I don't know haw else we would restrict it if it's your desire to restrict it to those
uses that we stated in our recommendation. Unless we can require that through a deed
restriction or just through the annexation ordinance itself. Most of the other
requirements that we have in here we can pretty much handle through the building
permit process.
Corrie: All right, since this is a public hearing, is the representative from Lombard
Conrad Architects here? Yes, sir.
STEVE SIMMONS
Simmons: Mr. Mayor and members of the Council, my name is Steve Simmons with
Lombard Conrad Architects representing the applicant. Our address 1221 Shoreline
Lane, Boise, Idaho 83702. We have reviewed staffs recommendations and take no
exceptions to any of those. Nor do we take any exception to the latest additions by Mr.
Smith or Shari, either one.
Corrie: Okay thank you. Any questions from Council? Thank you. Is there anyone
else here that would like to issue testimony in this request from Lombard Conrad
Architects? Counci{, any further questions? 1'11 entertain a motion to close the public
hearing.
• •
MERIDIAN CITY COUNCIL MEETING
MAY 18, 1999
PAGE 22
Bird: So moved.
Anderson: Second.
Corrie: Motion made and second to close the public hearing. All those in favor say aye.
MOTION CARRIED: ALL AYES.
Corrie: Any comments or discussion from Council? I'll entertain a motion on the
request for annexation and zoning of 5 acres for L-O zoning by Lombard Conrad
Architects.
Rountree: Mr. Mayor, I move that we have the City Attorney Findings of Fact and
Conclusions of Law and Order of Decision and an annexation ordinance along with a
development agreement for the annexation and zoning of the five acres on Black Cat.
Bird: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the annexation
and zoning and draw up the Findings of Fact and Conclusions of Law and Order of
Decision and the ordinance of the annexation along with the development agreement on
item number ten. Any further discussion?
Bird: Mr. Mayor I think Mr. Gigray has got a question.
Gigray: Mr. Mayor and members of the Council, just for further direction, does that
motion include that the conditions of the development agreement and of our order of
decision would be those in the recommendation of City Council and would that motion
also include the additional requirement as requested by the Public Works Director that
we would include language that they are to extend the sewer line down Black Cat to the
subject property?
Rountree: The only clarification I would make would be the recommendation from
Planning and Zoning, not City Council
Corrie: Point of information, are we adding what Gary wanted on that? Is that what
you're doing too?
Bird: They agreed to it.
Corrie: Okay, any further comments? Hearing none, all in favor of the motion say aye.
MOTION CARRIED: ALL AYES.
~~ ~ • ~~ M
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inter~off~ice ~ ~~
MEMORANDUM ,;-
REcE~D ..
To: a William G. Berg, Jr. ~ U N - 2 1999
CITY OF MERIDIAN
From: ~` Marlene St. Ge
Subject: ~ LOMBARD CONRAD ARCHITECTS FOR LDS CHURCH AT 1985 BLACK
CAT
FIL' E NO.: AZ-99-003
3
Date: June 2; 1999 r
Will:
Pursuant to our telephone discussion pertaining to the above matter,
please find attached the revised page of the Findings, page 16 at 3.15 to. add the
language "for approval". I have also attached a new page 6 of-the Development
Agreement to .reflect the same language:
s If you need anything further please advise.
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f r~q liaridicapped accessible-"stalls shall be provided. All building and parking
r s vt lot~construction shall meet-the re uirements of the Americans With
~~- - q
Disabilities Act. -
3.13 No City water shall be allowed for. landscape irrigation.
3:14 Six-foot-high, permanent perimeter fencing and buffering shall be
provided adjacent to the existing residential and agricultural uses.
3.15 A Certificate of Zoning Compliance shall be'required prior to applying
for a building permit. A detailed site plan showing landscaping®~,
screened trash enclosures, parking, etc:, shall be provided approved.
A minimum 20-foot-wide planting strip beyond required right-of-way
shall be provided. Locations and construction requirements for trash
areas shall be coordinated with Meridian Sanitary Services, Inc.,. and
Applicant shall provide a letter of approval from their office prior to a
applying for building permits.
3.16 Utility locations shall be coordinated with Meridian Public Worlcs
Department. The Applicant shall extend the City sewer line to the `
subject property along the west side of Black Cat. Road from the
Turnberry No. 1 Subdivision.
3.17 The annexation 'shall limit the use of the property to public and quasi-
.public uses.
E
3.18 Asse'ssrrient fees for water and sewer service are determined during the
building plan review process. Any applicable latecomer fees -will also be
determined at that time. ~.
3.18 All signage shall be,subject to design~review.
3.19 The Applicant shall obtain written approval for the central sewage and
central water prior to the approval of the annexation and zoning.
3.20 48-feet of right-of-way from the centerline of Blaclc Cat Road abutting
the parcel shall be dedicated by means of `recordation of a final
W 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
FINDINGS OFFACT AND CONCLUSIONS OF LAW -Page 16
° AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION`AND ZONING/LDS CHURCH
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~~,~ monitored with the Meridian Water Department to
~~ _., ,~ determine whether adequate~fire.protection exists.
.. aka ~ . . 5y 1.11 Applicant,shakl be required to enter into an'
Assessment Agreement with the City of Meridian.
,~.
5.1.12 Handicapped accessible parking spaces shall be
' ~ provided~iri accordance with the~AmercansWitli~'~
~, ~~' '~ Disabilities ~1ct° 'For the number of parking 'spaces
..
~`' shown on the preliminary site plan, , a minimum of
`~ ~ ~ eighs'handicapped accessible stalls shall be provided.,
~~ ~ ~ ~. All building and parking lot construction shall meet
the requirements of the Americans With Disabilities
- ~ Act.
~_~. '~ X5'.1:"13No City water shall be allowed for landscape
irrigation.
,_ _ a
5.1.14 Six-foot-high, permanent perimeter fencing and
buffering shall.be provided adjacent to the existing
residential and agricultural uses.
.~
5.1.15A Certificate of Zoning. Compliance shall be
required prior to applying for a building permit. A
detailed site plan showing landscaping, screened
trash enclosures, parking, etc., shall be provid`ed.~x~t~' ~-
approved. A minimum 20-foot-wide planting strip
beyond required. right-of-way shall be provided.
Locations and construction requirements for trash
a
areas shall be coordinated with Meridian Sanitary
Services, Inc., and Applicant shall provide a letter of
approval from their office `prior to applying for
building permits.
5.1.16Utility locations shall be coordinated with Meridian
,~ Public Works Department. The Applicant shall
extend the City sewer line to the subject property
- along the west side of Black Cat Road from the
Turnberry No. 1 Subdivision.
~,¢ e
5.1.17 The annexation shall limit the use of the property to
'~ - public and quasi-public uses.x- a
. ,..
_ .,, s
DEVELOPMENT AGREEMENT - 6
'! ~
7. FINDINGS OF FACT AND CONCLUSION$ OF LAW: REQUEST FOR
ANNEXATION & ZONING OF 5 ACRES (FOR L-O ZONING) BY tOM6ARD
CONRAD ARCHITECTS-1985 BLACK CAT:
Corrie: Staff.
Stiles: Mr. Mayor and Council, this would have required a development agreement
according to the Decision and Order. The only thing I would request on page 16 under
item 3.15 line three, I'd ask that the words "and approved" be changed to "for approval"
by the Planning and Zoning Departmeri#. It's just a minor issue, but the way it's worded,
it almost -not that it would happen in this case, but some people may think that the fact
that they have provided a plan means it will be approved.
Corrie: Anything else Shari?
Stiles: No, that's all. Thank you.
Corrie: Further discussion on item number seven by Council? I'll entertain a motion on
item number seven.
Bentley: Mr. Mayor I move we approve the annexation and zoning of 5 acres Lombard.
Conrad Architects with the change on page 16 number 3.15 changing "and approved" to
"for approval" and prepare a Decision and Order.
Bird: Second.
Corrie: Motion is made and second that we approve the Findings of Fact and
Conclusions of Law - do we need other Findings of Fact and Conclusions of Law or can
we use these? I'rn confused here. We don't need other Findings of Fact and
Conclusions of Law. Do we have to approve these? All right, we have a motion before
the floor the Findings of Fact and Conclusions of Law be approved with the corrections
as stated. Any further discussion?
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD,
YEA.
MOTION CARRIED: ALL YEAS.
$. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
ANNEXATION & ZONING OF ONE ACRE (FOR R-15 ZONING) BY ALICE
CULVER--911 E PINE STREET:
Corrie: Staff comments?
Stiles: Mr. Mayor and Council, this will also require a development agreement and
under 3.6 on page 14, if it is your desire that since could be reworded if the R-15 zone is
i ~ '
f
A I ,
ti
JUSTIN P. AYLSWORTH
)ULIE ItLEIN FISCHER
WM. E Glcxwv, III
D. SAMUEL JOHNSON
WILLIAM A. MORROW
CHRISTOPHER S. NYE
PHILIP A. PETERSON
STEPHEN L. PRUSS
ERIC S. ROSSMAN
TODD A. ROSSMAN
R. STEPHEN RUTHERFORD
TERRENCE R. WHITE
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208)288.2499
FAX (208) 288.2501
Email via Internet @ wfg@wppmg.com
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653.0247
TEL (208) 466.9272
FAX (208) 466-4405
PLEASE REPLY TO
MERIDIAN OFFICE
E+~EI~/'E
MAY 2 7 1998
City of 1~'Ieridian
City Clerk Office
May 26, 1999
William G. Berg, Jr., City Clerlc
MERIDIAN CITY I-IALL
33 East Idaho
Meridian, Idaho 83642
Re: LOMBARD CONRAD ARCHITECTS FOR LDS CHURCH AT
1985 BLACK CAT ROAD /ANNEXATION AND ZONING
FINDINGS and the DEVELOPMENT AGREEMENT
Dear Will:
t
Please find enclosed- the original of the FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION
FORANNEXATION AND ZONING prepared as per instructions from the Council meeting
of May 18, 1999, and which are on the agenda for June 1, 1999.
I have also attached hereto the Development Agreement for the above matter,
along with the originals of the Resolution and Certificate of the Clerlc for the Development
Agreement. After the Council meeting of June 1, 1999, if Council approves the Findings of
Fact and Conclusions of Law for the above matter, then the Findings will need to be attached
to the Development Agreement as Exhibit "B".
After the Findings of Fact and Conclusions of Law and Decision and Order
Granting Application for Annexation and Zoning have been adopted, please submit the
Development Agreement to the owners for signatures.
If you have any questions please advise.
Very truly yours, _
o~.
R. Stephen ut erford
{. ..x .. r„ ~..
%~~
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
msg\Z:\Wo~lc\M\Meridian 15360M\LDSBlaclcCat\FFCL and DevAgtCllc.ltr
•
JUSTIN P. AYLSWORTH
JULIE KLEIN FISCHER
WM. F. GlcxwY, III
D. SAMUEL JOHNSON
WILLIAM A. MORROW
CHRISTOPHER $. NYE
PHILIP A. PETERSON
STEPHEN L. PRUSS
ERIC S. ROSSMAN
TODD A. ROSSMAN
R. STEPHEN RUTHERFOAD
TERRENCE R. WHITE
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
200 EAST CARLTON AVENUE, SUITE 31
POST OFFICE BOX 1150
MERIDIAN, IDAHO 83680-1150
TEL (208)288-2499
FAX (ZOS) 288-2501
Email via Internet @ wfg@wppmg.com
May 26, 1999
William G. Berg, Jr.
Meridian City Hall
33 E. Idaho Street
Meridian, Idaho 83642
NAMPA OFFICE
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653-0247
TEL (208) 466-9272
FAX (208) 466.4405
PLEASE REPLY TO
MERIDIAN OFFICE
~rv~D
MAY 2 7 9999
L~;, ~~ I;~x~idir~n
pity `e1=~~~ ~9~=fi~~
Re: LOMBARD CONRAD ARCHITECTS FOR LDS CHURCH AT 1985
BLACK CAT ROAD /ANNEXATION AND ZONING ORDINANCE
Dear Will:
Please find enclosed the above ordinance for the annexation and zoning for the
LDS Church at 1985 Blaclc Cat Road. Please place this ordinance on the City Council agenda.
This ordinance should not be passed until the Findings of Fact and Conclusions of Law and
Decision and Order Granting Application for Annexation and Zoning are adopted, and the
Development Agreement has been signed by the LDS Church.
Also, please note in Section 5 you will need to fill in the date when the
Development Agreement has. been executed.. .~
If you have any questions arise, please advise.
Very truly yours,
R. Stephen Rutherford
msg/Z:\Worlc\M\Meridian 15360M\LDSB1ackCat\Clerk on Ord Ltr.wpd
•~
MERIDIAN CITY COUNCIL MEETING: MAY 18 1999
APPLICANT: LOMBARD CONRAD ARCHITECTS AGENDA ITEM NUMBER: 10
REQUEST: ANNEXATION AND ZONING OF 5 ACRES
AGENCY
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:
fDAHO POWER:
US"WEST:
INTERMOUNTAIN GAS:
COMMENTS
SEE ATTACHED MINUTES FROM P & Z
~r/ ~1~t-Act CoM r~~~7Ts
S~ R~l4C 1~1~ Gi`7~ f
SEE ATTACHED RECOMMENDATION
FROMP&Z
REVIEWED
SEE ATTACHED COMMENTS
REVIEWED
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
c~~1 ~'~l
~~~~
,~~ra
BUREAU OF RECLAMATION:
OTHER: SEE ATTACHED LETTER FROM PACIFIC SANTA
FE CORPORATION
All Materials presented at public meetings shall become property of the City of Meridian.
MERIDIAN PLAN~G & ZONING COMMISSION
APRIL 13, 1999
PAGE 37
Snyder: Yes.
MacCoy: All right, do you want to table this one month so we can get this thing
straightened out?
De Weerd: We could see if there is any option that we have.
MacCoy: Yes, I think we sitting here-we are in a muddle right now. I would like
to give the attorney a chance to review this.
Borup: I'm sure there is plenty of them around this town that are in the same
situation.
Rossman: Let's table it and let me take a look at that, because there is nothing
in there that spells out, to my review that spells out whether or not your own
children have to be included or not. Let me take a look at it and lets table it for a
month and I'll provide a report in the mean time.
MacCoy: Do I hear a motion to close the public hearing again so we can do this.
We can't-we want to continue the public hearing, then make a motion about,
yeah.
De Weerd: Does the applicant understand why we would postpone it another
month? Okay. Yes, Mr. Chairman, I would like to move that we continue the
public hearing for the accessory use permit for family daycare with five or less
children.
MacCoy: To what date?
De Weerd: To May 11 to
Barbeiro: I second the motion.
MacCoy: All in favor?
MOTION CARRIED: All ayes.
MacCoy: To the applicant, it will be to your benefit that we've done this because
we are going to look into the legality of this and see if there is a way that we can
hopefully support your request.
(END OF TAPE)
:~
ITEM NO. 8: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING
~, ,
MERIDIAN PLAN~G & ZONING COMMISSION
APRIL 13, 1999
PAGE 38
OF 5 ACRES (FOR L-O ZONING) BY LOMBARD CONRAD ARCHITECTS-
1985 BLACK CAT:
MacCoy: ...request for annexation and zoning of a five acre, it says four L-O
zoning request by Lombard Conrad, an architect. Would the applicant come
forward please, or a representative?
Simmons: Mr. Chairman, members of the Commission; my name is Steve
Simmons with Lombard Conrad Architects, 1221 Shoreline Lane, Boise, Idaho.
We have read the conditions that staff has outlined and take no exception to any
of those.
MacCoy: All right then. Hold on a minute. Staff do you have any comments now
at this point?
Stiles: Mr. Chairman, Commissioners, in our application it shows this as being
one parcel,of land. The assessor's map that's been provided to us shows it as
two separate parcels. I just would like some clarification on that and ask that
they comply with all of our requirements in our memo dated April 9, 1999. As far
as the comment number one on our memo, we have since received a legal
description that meets our requirements so that is not an issue any longer.
MacCoy: You want to answer the one parcel versus two parcels?
Simmons: Sure Mr. Chairman. That was the first I'd seen of that so it is kind of
confusing and I agreed with Bruce when we talked earlier that we'll go ahead and
have the engineer investigate that and try to clarify that for staff, and we don't
have a problem with that being added to the conditions, because certainly we're
as curious as they are about that.
MacCoy: Commissioners, do you have any questions for the applicant?
Borup: My question has been answered.
MacCoy: All right, thank you. Commissioner De Weerd?
De Weerd: Just for staff. In this kind of situation I do know we've seen the
building and that has nothing to do with zoning, but will we be seeing this site
plan again or not?
Stiles: Not unless you wish to. You could make a condition they could be
required to have a development agreement. As part of the annexation you can
put conditions on that annexation, but if this is zoned L-O with no other conditions
attached to it, it would be a permitted use within the zone, and they would just
come in for a building permit.
MERIDIAN PLANI~G & ZONING COMMISSION
APRIL 13, 1999
PAGE 39
De Weerd: But you would see them and have to approve them, would you not?
Stiles: Yes.
De Weerd: So like such items such as landscaping and interior parking lot
landscaping those kinds of things would be addressed at your level?
Stiles: We would review that.
De Weerd: Okay.
Stiles: We would review it in accordance with the current ordinance in place
today.
De Weerd: Oh, thank you for that clarification.
MacCoy: Do you have any questions? All right, thank you. Is there anyone here
that would like to speak in favor of this request for annexation and zoning?
Seeing no one, is anyone here that would like to discuss or bring before the
Council -all right come forward.
Zaremba: My name is David Zaremba, I live at 2540 N. Crooked Creek Way in
Ashford Greens, which is right across the street from this request. Unfortunately
I have to make a choice of whether I stand up for or against and -
MacCoy: You're in the middle of the road then?
Zaremba: Yes. The difficulty is that much of the information that you all have on
which you make your decision the public doesn't get. So those of us who live in
the neighborhood of this project are actually ignorant of what is being proposed
there.
MacCoy: That's the reason we have this public hearing.
Zaremba: I know. I was hoping there would be a presentation showing perhaps
a site plan and a few things like that.. My comments in the blind then would be in
reading what the L-O zoning is, one sentence speaks of it as a transition
between residential uses and heavier commercial uses. My personal feeling is
the L-O use itself if this is going to be a professional office or something like that
is not a difficulty for me. Black Cat of course is our access road in and out of
Ashford Greens and we will all be coming and going that way. The difficulty
which of course this applicant has no control over is what's next if the property to
the south of that then is going to become commercial just because this transition
MERIDIAN PLANP~; & ZONING COMMISSION
APRIL 13, 1999
PAGE 40
is there between residential and what could be much heavier. Then I would have
an objection.
MacCoy: Let me put your mind at ease. This request is for a church.
Zaremba: Good. Well in that case -
MacCoy: And it fits in with the category of the level.
Zaremba: In that case, I am very happy to sit down. We welcome a church to
our neighborhood.
MacCoy: God bless you. Does anyone else here have anything to add to this?
Okay, staff do you have any other comments at this moment?
Stiles: I don't.
Borup: I missed part of that last because talking a comment on this.
Hypothetically if this was annexed L-O and the church wasn't built, I mean could
a change be made an office building be put in?
Stiles: Item number 19 of our comments, our recommendation was that the
annexation should limit the use of the property to quasi public and public uses.
Borup: Okay, so with that condition, that would limit that.
Rossman: Are you going to define quasi public uses?
Stiles: It's defined in the zoning ordinance.
Rossman: Good. Fabulous.
Borup: That's all I had.
MacCoy: All right. We have addressed all the subject matter. We have a
person that wants to come back. Thank you.
Pearson: My name is Gary Pearson, I live at 4631 W. Moon Lake Drive in
Meridian. I'm not sure the question was answered. Is this transitional and can
even a church or not, can they still build a more of the heavier construction? I
mean can they put a -- I can't think of the -
MacCoy: Not according to the ordinance. It would a church, a school.
Pearson: It doesn't transition into some -
MERIDIAN PLANI'~G & ZONING COMMISSION
APRIL 13, 1999
PAGE 41
MacCoy: Into light industrial, no.
Rossman: Sir, what she was indicating was that would be condition of
annexation, that it be either public or quasi public.
:MacCoy: Anybody else have any questions now on their mind that they would
like to ask? All right, you can come back up again.
Zaremba: The part that I think that we are both expressing is not really the part
that this applicant has control of, but since L-O is expressed as a transition is
there any thinking that the area south of it which is not their property, if this is an
L-O, L-O would open the way for heavier commercial to be the next thing without
it coming up for hearing as being right next to residential, so if there any way to
control that having the church there does not mean that south of it, it does not act
as a buffer that allows commercial south.
MacCoy: I'm going to ask staff, Shari would you answer that question?
Zaremba: It's the buffer and transition part that we're questioning, not what
they're doing on that property.
Stiles: I think the primary reason that the L-O was requested the zone is that
churches are only permitted in three zones in Meridian, outright permitted and
that would be the L-O zone, a C-N zone, which would not be appropriate here
and O-T, Old. Town, which obviously is not appropriate here. That was the
reason for the request is because they wanted the permitted, use so that if they
had to come in for an expansion later or you know any kind of building permit
something like that, they're not having to go back through a conditional use
process for the use. So as far as a commercial use being acceptable adjacent to
this with our current Comprehensive Plan it's designated single family residential.
Of course that would not be acceptable. It's not meant as a buffer expecting
higher densities to come. It's just a function of the permitted -uses within that
zone.
MacCoy: Thank you. Does that satisfy you?
Borup: Any zoning change would come back before here. Traditionally most of
the churches have been in residential areas and I think that's consistent with
what the city seen in the past. I for one wouldn't be approving an industrial or
commercial use there.
Rossman: Not without a change in the Comprehensive Plan
MERIDIAN PLAN('~G & ZONING COMMISSION
APRIL 13, 1999
PAGE 42
MacCoy: That's another thing that's going to lock him in too.. Okay we've
exhausted I think the public hearing.
De Weerd: Mr. Chairman, since we've had two people inquire about this, would
it be appropriate that he explain what this rezoning and what will go on it?
Borup: I thought we just did, didn't we?
De Weerd: Well we do have drawings that they still have not seen.
Borup: I'll give them mine if they'd like to have it.
MacCoy: Are you speaking of the public now or what?
De Weerd: Yes.
(Inaudible)
Borup: Okay, it sounds like everybody is okay.
Simmons: Mr. Chairman and members of the Commission, it is very similar to a
project that was completed just last June on Locust Grove. There's one under
construction now. This is a little bit larger and I would be more than willing just to
answer the question about will it be built? We have working drawings waiting for
this process so we can submit those for building permits so it will be built and we
also have full landscape plans, site plans for anyone who wishes to see those.
I'm more than willing to give small copies of those. I can mail them to anyone
who is interested. There is no secret here, so we're very much open to any of
that.
MacCoy: Yeah, there will be another public hearing when that comes up anyway
and you'll have your material here to show to everybody.
Simmons: Absolutely.
De Weerd: Only if that's part of the condition; is that correct?
MacCoy: Well then make it a part of the condition if you want to be sure.
De Weerd: Okay.
Simmons: And that's not a problem.
MERIDIAN. PLANt'~G & ZONING COMMISSION
APRIL 13, 1999
PAGE 43
MacCoy: Okay, thank you. I didn't think it would be. We seem to get a church
about once a month. Today we have two. Are you ready to close the public
hearing and move on?
Borup: I move we close the public hearing.
Barbeiro: I'd like to .second the motion please.
MacCoy: All in favor.
MOTION CARRIED: ALL AYES.
MacCoy: What about a motion now? Are you ready for a motion?
Borup: Yes. I move we approve this request for annexation and zoning of five
acres to L-O zoning by Lombard Conrad Architects and incorporate staff and all
comments made in the hearing.
De Weerd: Second.
MacCoy: Any discussion?
Rossman: Staff comments particularly are the conditions?
De Weerd: Yes.
Rossman: Okay. There wasn't any testimony in the hearing you want to make
as an additional condition.
Borup: No, just the staff comments as conditions.
MacCoy: Any other discussion? If no, all in favor.
MOTION CARRIED: ALL AYES.
MacCoy: It's now 9:00. We're going to take a break for about ten minutes and
we'll be back here again to pick up on item nine.
ITEM NO. 9: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING
OF ONE ACRE (FOR R-15 ZONING) BY ALICE CULVER-911 E PINE
STREET:
MacCoy: We're going to reconvene. We're over our time already and we want
to be able to get out of here tonight all of us. We're on item number nine. It's a
new public hearing and request for annexation and zoning for one acre for an R-
Interoffice Memo
~~I~IV~®
MAY 1 ~ 1999
City of I13eridian
Ci~~ Clerk Elffice
Date: May 17,1999
Ta MAYOR 8~ CITY COUNCIL
Ca file /City Attorney
Frong GARY D. SMITH, PE
RE LDS Church Request for Annexation & Zoning -Black Cat Road
Gentlemen: Please add the following requirement to the conditions of approval as recommended by
the Meridian City Planning & Zoning Commission:
"A sanitary sewer line shall be extended from the .present terminus, at the south side of Tumberry
Subdivision, to the south side of the requested froe (5) acre annexing -zoning parcel."
Thank you,
Gary
GDS
1
HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE
Council Members
CHARLESROUNTREE
GLENN BENTLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • Fax (208) 887-4813
LEGAL DEPARTMENT
(208) 884-4264
PUBLIC WORKS
BUILDING DEPARTMENT
(208)887-2211
RON ANDERSON
KEITH BIRD
MEMORANDUM:
To: Planning & Zoning Commission, Mayor and City Council
From: Bruce Freckleton, Assistant to City Engineer
Shari Stiles, P&Z Administrator ~~
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533
April 9, 1999
Re: Request for Annexation and Zoning of Five Acres to L-O for an LDS Church by
Lombard-Conrad Architects
We have reviewed this submittal and offer the following comments, as conditions of the
applicant. These conditions shall be considered•in full, unless expressly modified or deleted by
motion of the Meridian City Council:
1. The legal description submitted with the application for annexation appears to describe a
property in Kuna. Submit a revised legal description, stamped by an Idaho Registered Land
Surveyor, which meets the requirements of the City of Meridian and State Tax Commission.
2. The property included in this application is located in an area designated as Single-family
Residential. Turnberry Subdivision is north of this parcel, Golf View Subdivision is east of
the parcel, and ruraUagricultural property is west and south of this parcel.
3. Comply with Ada County Highway District requirements. Submit a copy of ACRD approval
letter and copy of recorded warranty deed for additional right-of--way prior to applying for
building permit.
4. Any existing irrigation/drainage ditches crossing the property to be included in this project,
shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on
the site plans. Plans will need to be approved by the appropriate irrigation/drainage district,
or lateral users association, with written confirmation of said approval submitted to the Public
Works Department.
5. Any existing domestic wells and/or septic systems within this project will have to be removed
from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-
domestic purposes such as landscape irrigation.
LombardConradLDS.AZ
P&Z Conunission/Mayor & Council
Apri19, 1999
Page 2
6. Off street parking shall be provided in accordance with Section 11-2-414 of the City of
Meridian Zoning and Development Ordinance and/or as detailed in site-specific requiremens.
7. Paving and striping shall be in accordance with the standards set forth in Sections
11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance
and in accordance with Americans with Disabilities Act (ADA) requirements.
8. A drainage plan designed by a State of Idaho licensed architect or engineer is required and
shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas.
All site drainage shall be contained and disposed of on-site.
9. Outside lighting shall be designed and placed so as not to direct illumination on any nearby
residential areas and in accordance with City Ordinance Section 11-2-414.D.3.
10. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B.
Crossing of the existing ditches with a continuous sidewalk along Black Cat Road shall be
provided in coordination with adjacent property.
11. All construction shall conform to the requirements of the Americans with Disabilities Act.
12. Provide the Public Works Department with information on anticipated fire flow and domestic
water requirements for the proposed site. Flow and pressure from the existing mains should
be monitored with the Meridian Water Department to determine whether adequate fire
protection exists.
13. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian.
14. Provide handicapped accessible parking spaces in accordance with the Americans with
Disabilities Act. For number of parking spaces shown on preliminary site plan, a minimum
of eight handicapped accessible stalls needs to be provided. All building and parking lot
construction needs to meet the requirements of the Americans with Disabilities Act.
15. No City water will be allowed for landscape irrigation.
16. Six-foot-high, permanent perimeter fencing and buffering shall be provided adjacent to the
existing residential and agricultural uses.
17. A Certificate of Zoning Compliance will be required prior to applying for a building permit.
A detailed site plan showing landscaping, screened trash enclosures, parking, etc., will need
to be reviewed and approved. A minimum 20-foot-wide planting strip beyond required right-
of-way shall be provided. Coordinate locations and construction requirements for trash areas
with Meridian Sanitary Service, Inc., and provide a letter of approval from their office prior
to applying for building permits.
AZ-99-003
LombardConradLDS.AZ
m,
~ BEFORE THE PLANNING AND'ZONING COMMISSION
IN THE MATTER OF~ THE )' ~ Case No. AZ-99-003
" REQUEST FOR ANNEXATION )
AND ZONING OF 5 ACRES ) RECOMMENDATION TO CITY
FOR~LDS CHURCH AT 1985 ) COUNCIL ;°
BLACK. CAT ROAD, .°. )
> ~ D
LOIV~BARD jcONRAD > MAY 1 3 1999
ARCHITECTS, ) City of Meridian
City Clerk Office
Applicant )
'~ ~ )
~.
. INTRODUCTION.
1. , .The property is'approximately 5.0 acres in size and is located at 1985 r
Black Cat. Road, in Meridian, °Idaho.
2. _ The owner of record. of the subject property:. is The Corporation of the ~ °
A Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, of 50 East North
Temple Street, 12`'' Floor East, Salt Lalce City, Utah.
3~ Applicant is Lombard Conrad Architects, of 1221 Shoreline Boise,
Idaho 83702. '
4. ~ The property is presently zoned by Ada County as Rural Transitional Y
. (R-T), and consists of a residential dwelling. j~
5. ~~ The Applicant requests the property be zoned as Limited Office (L-O):
6. The subject property is generally located- on the west side of Blaclc Cat
~ F
RECOMMENDATION TO CITY COUNCIL - 1
.ANNEXATION AND ZONING OF -1985 BLACK CAT ROAD BY
LOMBARD CONRAD FOR AN LDS CHURCH t e
x~
~~
4._.. ,~ _ ~ ~~.
Road approximately 1,300 feet north of Cherry Lane.
~ ~ ~. ,
7. The city limits of the City of Meridian are adjacent and abut to the east
of the subject property.
~_ ,; :~:
8. The property which is the subject of this application is within the Area
c i
of Impact of the City of 1Vleridian.~° `~
9. The entire parcel of the property is included within the Meridian Urban
~~ ~ ,.;
Service Planning Areayas~the Urban Service Planning Area is defined in the,Meridian
i~
Comprehensive Plan.
10. The Applicant proposes"to develop the°subject property in the'following
~R
manner: construct a'26,000 square-foot stake center.
11. The Applicant's requested zoning of the subject rea1~ property`: as Limited
Office (L-O) is consistent with the Meridian Comprehensive Plan Generalized Land
E
Use Map which designates the subject property as -Ada County` SingleFamily
Residential.
12. There are no significant or scenic features of major importance tlat ~'
affect the consideration of this application. k
p
RECOMMENDATION
r
1. The Meridian Planning and Zoning Commission hereby recommends -to
a
the City Council of the ,City of Meridian that they approve 'the, annexation and
zoning as requested by the Applicant"for the property described in-the application;
RECOMMENDATION TO CITY COUNCIL - 2
ANNEXATION AND ZONING OF 1985 BLACK CAT ROAD BY
LOMBARD CONRAD FOR AN LDS CHURCH
<' ~,
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g. ~ e
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subject to the following: ,
Adopt the Planning and Zoning Administrator and Assistant- City Engineer e ,.
Recommendations as follows: ~~
~ 1.1 Applicant shall provide a~legal description stamped by an Idaho
Registered Land Surveyor, which meets the requirements of the
City of Meridian and'Idaho State Tax. Commission.
1.2 Applicant shall comply with Ada County Highway District
requirements.. A copy of ACRD approval letter and copy of
recorded warranty deed for additional right-of-way shall be
submitted prior to applying'for building permit. ,
1.3 :Any existing irrigation/drainage ditches crossing.the property shall
_ be tiled per City Ordinance 1 1-9-605.1VI. The ditches to be piped.
shall be shown on the site plans. Plans shall be approved by the "
appropriate irrigation/drainage district, or lateral users'
association, with written confirmation of said approval submitted - q
. to the Public Works Department.
1.4 Any existing domestic wells and/or septic, systems within this
~projecti shall be,removed'from their domestic service per City
4 Ordinance Section 5-7-5 17. Wells. may be used for non-domestic
purposes such as landscape irrigation. ~ t
.1.5 Off-street parking shall be provided in accordance with Section
11-2-4=14 of the City of Meridian Zoning and Development
Ordinance and/or as detailed in site-specific requirements.
~il ,
1.6 Paving and striping -shall be in accordance with the standards set
forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of
Meridian Zoning. and Development Ordinance and in accordance
,,. with Americans with Disabilities Act (ADA) requirements.
# ~ y 1.7 A drainage plan designed by a State of Idaho licensed architect or
engineer is "required `and shalf be submitted to the City Engineer
(Ord. 557, 10-1'-91) for~all off-street parking areas. All site
drainage shall be contained and disposed of on-site.
- ~ .
RECOMMENDATION TO CITY COUNCIL - 3 R
ANNEXATION AND ZONING OF 1985 BLACK CAT ROAD BY
LOMBARD CONRAD FOR AN L'DS CHURCH e
~:,
,~
~:
a
• ~. _ ,.
. 1.8 Outside lighting shall be designed and placed sous not-to direct
' illumination on any nearby residential areas and in accordance
with City Ordinance Section 11-2-414.D.3.
.,r 4
'
1.9' e
Five-foot-wide sidewalks shall be provided and constructed in
accordance with City Ordinance Section 11-9-606.B. Crossing of
the existing ditches with a continuous sidewalk along Black Cat
..~ Road shall be provided in coordination with adjacent property.
.1.10 All construction. shall`confor'm to the requirements of the
~~ Americans With Disabilities Act.
~.
1.11
The Public Works Department shall be provided'with
information on anticipated fire~flow and domestic water
requirements for the proposed site. Flow and pressure from the
existing mains should be monitored with the Meridian Water
Department to determine whether adequate fire protection exists.
~.
1.12
Applicant shall be required'to enter into an Assessment
Agreement with the City of Meridian.
1.13 Handicapped accessible parking spaces shall be provided in
accordance with the Americans With Disabilities Act. For the
..number of parking spaces shown on the preliminary site plan, a
minimum of eight handicapped. accessible stalls shall be provided. _ '
,~ All building and' parking lot construction shall meet the"
a requirements of the Americans With Disabilities Act.
4
'
1.14 y
No City water shall be allowed for landscape irrigation.
1.15 Six-foot-high; permanent perimeter fencing and buffering shall be
provided adjacent to the existing residential and agricultural uses.
1.16 A Certificate of Zoning Compliance shall be required prior to
applying for a building permit. A detailed site plan showing
landscaping, screened trash enclosures, parking, etc., shall be
provided and approved. A minimum 20-foot-wide;planting-strip
beyond `required right-of-way shall be provided. Locations and
construction requirements for trash areas shall be coordinated _
with Meridian Sanitary Services, Inc., and Applicant shall provide
RECOMMENDATION TO CITY COUNCIL - 4
ANNEXATION AND ZONING OF 1985 BLACK CAT ROAD BY
LOMBARD CONRAD FOR AN LDS CHURCH _ d
.{.
~.r
. _ ~ •
a-letter of approval~from their office prior to applying for building
~'~~ permits.
._1.17 `Utility locations shall be coordinated with Meridian Public
Works Department.
- 1.18 The annexation should limit the use of the property to public and
{ ~ quasi-public uses.
1.19 Assessment fees for water and sewer service are determined during
the'building plan review process. Any applicable latecomer fees
will also be determined at that time.
1.20 All signage shall be subject to design review. -
--
Adopt the Central District Health Department's Recommendations as follows:
1.21 The Applicant shall obtain written approval for the central sewage.
and central water prior to the approval of the annexation and
zoning.
Adopt he Ada County Highway District's Recommendations as follows:
1.22 48-feet of right-of-way from the centerline of Black Cat Road
abutting the parcel shall be dedicated 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'.23 Utility street cuts in the new pavement are not allowed unless
s.
approved in writing by the yDistrict. `
r 1.24 A 5-foot-wide detached concrete sidewalk shall be constructed on
Black Cat Road- abutting the site. The sidewalk shall be`located
within two-feet of the right-of-way `of Black Cat Road. The
` RECOMMENDATION TO CITY COUNCIL - 5
ANNEXATION AND'ZONING OF 1985 BLACK CAT ROAD BY
LOMBARD CONRAD FOR AN. LDS CHURCH•
4
''
.F'"
location, elevation and grade of the sidewalk shall Abe coordinated
with the District staff. ~ ,.
1.25 All driveways shall be located a minimum of 220-feet from the
nearest existing/proposed driveway.on Blaclc Cat Road. All
driveways on Blaclc Cat Road shall be constructed as 24 to 30- ..
foot wide~curb-return driveways. The driveway shall be paved its
.full required width and~at least 30-feet beyond the edge of
,{- pavement on Blaclc Cat Road and.pavement tapers installed with
15-foot radii abutting the existing roadway edge.
1.26 A site plan shall be submitted showing all existing and proposed `
driveways on Blaclc Cat -Road located within 200-feet either side n
of the north and south property lines.
1.27 As required by, District policy, restrictions on the width, number
'~ and locations of driveways, shall be placed: on future development
of this parcel.
t
ey/Z:\Work\M\Meridian 15360M\LDSBiackCat~uuieacRezon.Rec.frm
s
t a
S
~ ~:
RECOMMENDATION TO CITY COUNCIL - 6~
ANNEXATION AND ZONING OF 1985 BLACK CAT ROAD BY
LOMBARD CONRAD FOR AN LDS CHURCH ~
HUB OF TRE
ASURE VALLEY
Mayor
ROBERT D. CORRIE
A Good Place to Live LEGAL DEPARTMENT
Council Members
CITY OF MERIDIAN (208)884-4264
PUBLIC WORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
GLENN BENTLEY MERIDIAN, IDAHO 83642 (208p 887-2211
RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING
KEITH BIRD DEPARTMENT
(208)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: April 6, 1999
TRANSMITTAL DATE: February 25, 1999 HEARING DATE: April 13, 1999
FILE NUMBER:
AZ-99-003
REQUEST: ANNEXATION & ZONING OF 5 ACRES
BY: LOMBARD CONRAD ARCHITECTS
LOCATION OF PROPERTY OR PROJECT: 1985 BLACK CAT
TAMMY DE WEERD P!Z
MALCOLM MACCOY, P/Z
MARK NELSON, 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: ~ r s~~
h'1 F~ w~~. A!a'f ba/~t a 1Jroh e~ wr"f~.
~~[ S /iNN'Q ~'~'T ~CT~7 ~- ZONi~n~Gi
REcE~D C~
MAR - 5 1999
CITY OF MERIDIAN
• •
NUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE
A Good Place to Live LEGAL DEPARTMENT
o.n it M m rs
CITY OF MERIDIAN
K
PUBLIC WO
S
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
GLENN BENTLEY MERIDIAN, IDAHO 83642 (~~$) 887-~~ I ~
RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING
KEITH BIRD DEPARTMENT
(208) 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: April 6, 1999
TRANSMITTAL DATE: February 25, 1999 HEARING DATE: April 13, 1999
FILE NUMBER: AZ-99-003
REQUEST: ANNEXATION ~ ZONING OF 5 ACRES
BY: LOMBARD CONRAD ARCHITECTS
LOCATION OF PROPERTY OR PROJECT: 1985 BLACK CAT
_ TAMMY DE WEERD P/Z
MALCOLM MACCOY, P/Z
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
MARK NELSON, 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
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)
R~cE'~D . .
MAR - 3 1999
CITY OF MERIDIAN
:; ...
YOUR CONCISE REMARKS: /UD ~~~~'~` J