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HomeMy WebLinkAboutTreasure Valley Baptist Church AZMayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING 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: June 10, 1999 TRANSMITTAL DATE: May 12,1999 HEARING DATE: June 17, 1999 e0rrec:--~ FILE NUMBER: AZ-99-007 REQUEST: ANNEXATION & ZONING OF 4.6 ACRES BY: TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD, SOUTH OF I-84 & EAST OF TEARE AVE _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECL,,gMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: C~ • CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: N/A APR 3 0 1999 CITY OF NIEKIDIAN PLANNING & GONINr GENERAL LOCATION: Timothy Subdivision, Lot 4, Block 1 TYPE (RESIDENT'IAL, INDUSTRIAL, COMI~~RCIAL): Church ACRES OF LAND IN PROPOSED ANNEXATION': 4.6 acres ± PRESENT LAND USE: Va ca n t PROPOSED LAND USE: Part church parking and recreational uses and part contractor's business PRESENT ZONING DISTRICT: PROPOSED ZONING DISTRICT: Part C G and Part L 0 APPLICANT: Treasure Valley Baptist Church r/n Ro6Prt ~ PHONE: 336-9880 Aldridge ADDRESS: 1209 N. 8th Street, Boise, ID 83702 ENGINEER, SURVEYOR, OR PLANNER: J-U-B ENGINEERS Inca PHONE: ~~ti-330 ADDRESS: 250 South Beechwood Avenue, Suite 201, Boise, ID 83709 Treasure Valley Baptist Church, pH0~:336-9880 OWNER(S) OF RECORD: e ADDRESS: M-1 (Ada County) Supplemental Information to Application for Annexation and Zoning Treasure Valley Baptist Church c/o Robert L. Aldridge 1209 N . 8th St. Boise, ID 83702 2. Treasure Valley Baptist Church 1300 So. Teare Meridian, ID 83642 3. A notarized request for zoning amendment is attached. 4. Legal description: Lot 4 in Block 1 of Timothy Subdivision, according to the plat thereof filed in Book 31 of plats at page 1923, amended by affidavit recorded under instrument No. 7704108, records of Ada County, Idaho. 5. Presently this land is vacant. 6. Following annexation approval, a boundary line adjustment will be requested. The boundary line adjustment will accomplish consolidating the Church property into one parcel and create a smaller (approx.l acre) parcel with frontage on Overland Road. The Church plans to use the additional space for additional parking, recreational activities and future expansion. The parcel fronting Overland Road is planned to be used as roofing contractor's office with packing for clients and some storage area. 7. This property is currently in Ada County and is zoned M-1. 8. With annexation the majority of land (3.5 ac.) is proposed to be zoned LO which is consistent with the Church property currently within Meridian City limits. The approximately one acre along Overland Road is proposed to be zoned Commercial-General (C-G). 9. The requested zoning is desirable because the size of existing church properly within the City is becoming inadequate and additional room for expansion is needed. The general commercial frontage properly is consistent with neighboring commercial properties. Traffic on Overland Road is such that this is a very desirable location for a local contractor's business. • 10. The proposed zoning for this property is consistent with existing uses in the area. From Meridian Road east along the north side of Overland Road to beyond this property, several commercial and industrial uses currently exist. 11. The proposed zoning amendment is compatible with the City of Meridian Comprehensive Plan. Of particular relevance are the Economic Development and Land Use sections of the Comprehensive Plan. In the Economic Development section the forecasted needs are that additional land for employment related uses is needed. The Generalized Land Use Map of 1993 designates this area for Mixed/Planned Use Development. This zoning request fits very well the definition for mixed-planned uses and the economic development goal statement. The Land Use section of the Comprehensive Plan contains an objective to encourage mixed planned uses along the I-84 corridor which are attractive and compatible with high-volume traffic corridors. The roofing contractor's business along Overland Road meets this objective. The business site will be screened with landscaping and appropriate fencing to maintain high-quality visual appearance. 12. A map at a scale of one inch to one hundred feet is attached. 13. Thirty copies of a vicinity map attached. 14. Mailing addresses have been requested. 15. Proper fees are enclosed. 16. The property will be posted one week before the public hearing. I certify that the is true and correct. of • REQUEST FOR ANNEXATION TO THE CITY OF MERIDIAN, STATE OF IDAHO: STATE OF IDAHO ) ss. COUNTY OF ADA ) Robert L. Aldridge, being first duly sworn on oath states as follows: 1. He is the Secretary of Treasure Valley Baptist Church, Inc. and has authority to act on behalf thereof. 2. In said capacity, the undersigned requests on behalf of Treasure Valley Baptist Church, Inc. that the property known as Lot 4, Block 1, Timothy Subdivision be annexed to the City of Meridian. Said property is owned by Treasure Valley Baptist Church, Inc. and is contiguous to the current boundaries of said City, and is contiguous to the property of Treasure Valley Baptist Church, Inc. located within the boundaries of the said City. DATED April 28, 1999. INC. Robert L. Aldridge, Secretary SUBSCRIBED AND SWORN TO before me by Robert L. Aldridge on April 28, 1999. r ' L ~ -~, ~~~~,~ ~r~`~1-~~~~~'`~ Notary Public for Idaho '~ - °= ~~° _ Residing at Meridian /'; ~~~'1,1~-~C~ ;`~ My Commission expires on 2-24-2000 I~I aa,p `11 ~~~~~~•,, ~~ l '''~--,,9T,c ~, ~ ~pP,,; • • RESOLUTION OF AUTHORIZATION TO EXECUTE DOCUMENTS, ETC. WHEREAS, Treasure Valley Baptist Church, Inc. has acquired certain property known as Lot 4, Block 1, Timothy Subdivision, adjacent to the original property of the Church located on Lot 2 of Block 1, Timothy Subdivision; and, WHEREAS, the Church wishes to have said property annexed to the City of Meridian and have the same rezoned, and to have a lot line adjustment made thereafter; and, WHEREAS, Robert L. Aldridge is the Secretary of the Church; NOW, THEREFORE, BE IT RESOLVED: That Robert L. Aldridge, 1209 North Eighth Street, Boise, Idaho 83702-4297 is hereby authorized to execute any and all documents on behalf of Treasure Valley Baptist Church, Inc. regarding the said property above described and/or the procedures above described, effective immediately. Said authority shall include, but not be limited to, any applications, requests, notifications, consents, and so forth. Said Robert L. Aldridge shall also be authorized to act on behalf of Treasure Valley Baptist, Inc. in all other respects regarding said property. THE FOREGOING RESOLUTION WAS ADOPTED TREASURE VALLEY BAPTIST CHURCH, INC. ,...---- eMiche sident ON APRIL 28, 1999 BY THE BOARD OF ~~~ Allen Malaise, Head Deacon :;~7,0~~1~~~i:-~~l,~~A~.1At.A:~,~.~1. ~ ~~~~3~~~>~~li~~~F1~~~0.~C1~~G;~A~~4~~At?:: WARRANTY DEED r, (INDIVIDUAL) FOR VALUE RECEIVED HOYT C. DOBSON, an unmarried tLan and HOYT CL DOBSON, as personal ~ representative of the Estate of MARY ALICE EDGLEY SPATES DOBSON, Deceased ~^ GRANTOR(s} does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto ;^i TREASURE VALLEY BAPTIST CHURCH, INC., an Idaho corpot~ation GRANTEE(S), whose current address is: %3t~ Se. T.l~t-'e ~ ~kr~ ~-o»- 83~oy2_ ~~ ~; the following described real property in Ada (:ounty, State of Idaho, more particularly described as follows, to wit: LOT 4 IN BLOCK 1 OF TIMOTHY SUBDIVISION, ACCORDING TO THE PLAT THEREOF ]?ICED IN BOOK 31 OF PLATS AT PAGE 1923, AMENDED BY AFFIDAVIT RECORDED UNDER INSTILUMENT N0. ~704I08, RECORDS OF ADA COUNTY, IDAHO. ~ 1 . •.. ~ //'1 A portion of Tax Parcel No. k846~250350 TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Granlees(s) heirs and assigns forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) isiare the owner(s) in fee ~ simple of said premises; that said premises are free from all encumbrances. BXCEPT those to which this conve;,rance is expressly made ~ subject and those made. suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements. (if any) of record, and general taxes and assessments, includes irrigation and utility assessments, (if any) for the current year, which a/''~ yet due and payable. and that Grantor(s) will warrant and defend the same from all lawful claims ., whatsoever. Dated: February S, 1998 ~ ~ r ~ . ~~, Y 0 DOBSON, eraonal Representative ~~ • ~.. ;~ ~w ~'' STATE OF ID .County of Ada , u. '~ -t ~ day of On this Febtuaty , in the year of 19913 . before me the undersigned a Notary Public, personally appeared ~^ ~' HOYT C. DOBSON known or identified to me to be the person(s) whose name(s) i subscribed to the within : ~` ^~ instrument. and acknowledged to me that _ he _ executed the same. ~ , ~ ~ ~~/ Notary Public. ~~ Residing at: y^ My Commission es: .3 - ~ 7- ~q9 ~^ ~' (S Qf~t~4f3Q?~l~Q("i"t9['i07iQ1i~l~[i4l"i~)ti71~:1" ~f)'E C` [1'gE~1'i !~~ 1' 1 iT~CI~)~liLli4~i?fi4[~t+~i [~Gt[~O:~i~ll1 S T 1~1 N9QiNQ'iF' .LN'~80N zRRF4r.r.anz vWa rT:Fn aa~a~~on • '-164292 JB/AH PIONEER TITLE COMPANY OF ADA COUNTY 821 West State Strcet /Boise, Idaho 83702 (208) 336-6700 888 North Cole Road /Boise, Idaho 83704 (208) 377- and approved by: ~ ' • SPACE ABOVE FOR RECORDING DATA l rJ•U•B~ Engineers Surveyors Planners Project: 11454 Date: April 30, 1999 PARCEL DESCRIPTION OF LOT 4, BLOCK 1 TIMOTHY SUBDIVISION • A parcel of land being Lot 4, Block. 1, of the Timothy Subdivision as shown on the Official Plat of Record in Book 31 of Plats at page 1923 in the office of the Recorder of Ada County in Boise, Idaho, and more particularly described as follows: Beginning at a /z" iron pin marking the Northwest corner of said Lot 4, Block 1; thence along the Northerly boundary of Lot 4, North 89°40'.58" East, 300.54 feet (formerly described as North 89°44'18" East, 300.00 feet) to a found'/z" iron pin marking the Northeast corner of said Lot 4; thence leaving said Northerly boundary of said Lot 4, South 00°28'51" West, 660.00 feet (formerly described as South 00°28' 51 " East, 660.00 feet) along the Easterly boundary of said lot to a found'/z" iron pin marking the Southeast corner of said lot; thence South 89°43' 11 "West, 300.15 feet (formerly described as South 89°44' 18" West, 300.00 feet) along a line being 40.00 feet Northerly and parallel to the center line of Overland Road to a found Yz" iron pin marking the Southwest corner of said Lot 4; thence North 00°26'49" East, 659.80 feet (formerly described as North 00°28'51" East, 660.00 feet) along the Westerly boundary of said lot to the point of beginning. Said parcel contains 4.55 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. LHK:Ihc Lawrence H. Koerner, P.L.S. f:\projects\11454\desc\parcel L4, 61.doc {i~ TEARE ST _ / S00'28'47~W 757.90' o- • ~. I n X~ r C ~ ~' W v~ ~ o -' v (N00'28'S1'E) (880.00') n' D _ _ _ N_00'26'49"E 659.80' m I~ I 160.00' 4890'- - - - ~ ~. ~ o, m ~ I ~~ ~~~ ~ Z m~o II gi ~ '' ~-~ ~ ~ oo ~ m ( r ~ ( A ~ m A r ~'1/~ r r ~ O m Z Cn a I ~ ~ v I ~,O?~ ~ o ~10~. ~ ~ " m o , B+ l q W m 9P~~ O lo A ° C ~ ~ $c~i ~ °o ~ C m _ ~ I~ y v I `~ ' , s ~ ~ J 160.00' ° _ _ _ 500.00 _ _ D ~ o S00'28'S1 "W 660.00' D ~ o (N00'28'51"E) (880.00') Z ~ ~ o°°z D ~ r ~; D C7 C7 _ m~ z ~_ zl m0 O _j f D z g a N ' v Ol ~ O O ~ I 01 O o r m m v rt • rn 6) .Ni D o~ ~ ~ oo C C C C Z O o 0 "^ r\ ~ c a a o. A Oo N Z ~ m N n n ~ X r~m-'W° ~ r a e ~ m N W O O O O ~ ~ ~ 7 .« N 7 01 7 7 A O ~ s f :i S l7 a . - ~13~' /3~3-OZBZ ~ ~. ~ TREASURE VALLEY BAPTIST CHURCH -LOT 4 BLK 1, TIMOTHY SUB. PROPERTY OWNERS WITHIN 300' TREASURE VALLEY BAPTIST CHURCH 1300 S TEARS AVE MERIDIAN ID 83642-6614 1300 S TEARS AVE E OVERLAND RD IDAHO KING CORPORATION THE 1109 MAIN ST STE 500 BOISE ID 83702-5641 1305 N LOCUST GROVE RD SWINDELL MAX & BLANCHE AND SWINDELL REX A & PHYLLIS STEPHEN W FRENCH 1109 MAIN ST SUITE #500 BOISE ID 83702 E OVERLAND RD BARBER CURTIS L & MICHELLE 1272 E SHEPHERD ST MERIDIAN ID 83642-6694 OLIVER CHARLES LEE & BRIDGETT A 1244 E SHEPHERD ST MERIDIAN ID 83642-6694 REYNOLDS FAMILY TRUST REYNOLDS S & B L TRUSTEES 2153 S RETIEVER WAY MERIDIAN ID 83642 1218 E SHEPHERD ST DIXON SCOTT ALLEN & HEATHER 1186 E SHEPHERD ST MERIDIAN ID 83642-7434 DOBSON HOYT C & MARY A 600 W 76TH AVE APT 303 ANCHORAGE AK 99518-2566 1230 E OVERLAND RD EDMUNDS JAY C & ETHEL N 1500 S TEARS AVE MERIDIAN ID 83642-6651 S TEARS AVE 1500 S TEARS AVE SPORTSMAN POINTS OWNERS ASSOCIATION INC PO BOX 344 MERIDIAN ID 83680-0344 GEM PARK II PARTNERSHIP PO BOX 344 MERIDIAN ID 83680-0344 E OVERLAND RD RADA JOHN D & BEVERLY R 1300 E SHEPHERD ST MERIDIAN ID 83642-6694 JACKSON ROCKY L 1158 E SHEPHERD ST MERIDIAN ID 83642 WARF LAMOYNE & KAREN K 1120 E SHEPHERD ST MERIDIAN ID 83642-7434 MERKLING MICHAEL L & MERKLING KATHLEEN S 1094 SHEPHERD ST MERIDIAN ID 83642 KOELLING CRAIG A & KOELLING JOY L 1072 E SHEPHERD ST MERIDIAN ID 83642 WILLIAMS FRANK E & AIMEE J 1046 E SHEPHERD ST MERIDIAN ID 83642-7434 JONES FRANKLIN H & PAULINE E 1265 E SHEPHERD ST MERIDIAN ID 83642-6694 U GROVES DARRELL E & NANCY K 1239 E SHEPHERD ST MERIDIAN ID $3642-6694 ASHFORD JOHNS & SHARON A 1221 E SHEPHERD ST MERIDIAN ID 83642-6694 BROWN JAMES LEE & SHERRY L 1660 S RETRIEVER WAY MERIDIAN ID 83642-7437 KING DON M & KING JANICE N 1167 E SHEPHERD ST MERIDIAN ID 83642-7434 COLEMAN KEVIN L 1139 E SHEPHERD ST MERIDIAN ID 83642-7434 JUDGE ROGER D & SANDRA 1107 E SHEPHERD ST MERIDIAN ID 83642-7434 CHURCH DEBRA R 1035 E SHEPHERD ST MERIDIAN ID 83642-7434 • • ~ ~ • • • • • •I •I• I• I •II I I• I• I •I• I • it i ~ +~ ~7~ I ~f~ , ',i ~ i ~~r i I~ IL I ii < `.,i_ ~ I I ~' i. h -,_~ i 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 July 20, 1999 for the purpose of reviewing and considering the application of Treasure Valley Baptist Church / K.D. Roofing for annexation and zoning of 4.6 acres, which is generally located north of Overland Road., south of I-84 and east of Teare Avenue. The application requests a zone of C-G and L-O. Further the applicant requests a conditional use permit for church parking, recreational uses and contractor's business. 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 29~" day of June, 1999. ANGE L. S, DEPUTY CITY CLERK '~#\~~ii~~t it~~t~i~e~~r. PUBLISH June 30 and July 14, 1999`\`~~~.~,~~ '~',p~~f~~ ,, ~o ~~~ p "" .. 1 ,~j ti ~9d. UST i'8'~ • v~'~ .~: .,,,,`.y Ca~V~Y , `~~,`~~~~~ ~ilftti tli6ii~ • C Cif n H b 7d ~~ b m -c ,;~ r~ G7 b ,~ ~v ~-: r ~~ A ,^., y ,~ x ,~ C 'J C .j Z 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 6:00 p.m. on June 17, 1999 for the purpose of reviewing and considering the application of Treasure Valley Baptist Church / K.D. Roofing for annexation and zoning of 4.6 acres, which is generally located north of Overland Road, south of I-84 and east of Teare Avenue. The application requests a zone of C-G and L-O. Further the applicant requests a conditional use permit for church parking, recreational uses and contractor's business. A more particular description of the above properly 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 24th day of May, 1999. PUBLISH May 26 and June 9, 1999. WILLIAM G. BERG, JR. I CLERK ,`~,Y~~~~sr~H~i~~~ ., ~ ~ ~. A _t ~7~9'1. I~AJ, T ~ ~ a `' '~ ~:'.,~ ACA COUN~Y REGORpER ~ .~. DAVE ~1AYARRO -~- pgpUTY - DEVELOPMENT AG ~ EMENT ~6~9 9 O ~ ~ 2 3 ~ , 1999 Sfl -9 P~1 1 3 PARTIES: 1. City of Meridian 2. Treasure Valley Baptist Church, Inc.. an Idaho Corporation THIS DEVELOPMENT AGRE MENT (this "Agreement"), is made and entered into this~_ day of , 1999, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and Treasure Valley Baptist Church, Inc., an Idaho corporation, hereinafter called "DEVELOPER", whose address is 1300 South Teare, Meridian, Idaho 83642. 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. §67-6511A, 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 District for the 3.441 acres and (C-G) General Retail and Service Commercial District for the 1.102 acres, Municipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" made representations at the public hearings both before the Meridian Planning &. Zoning Commission and before the Meridian City Council, DEVELOPMENT AGREEMENT - 1 ~ ~ 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 & 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 ~ day of~ ~ . , 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 following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the 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 Treasure Valley Baptist Church, Inc., an Idaho Corporation whose address is 1300 Teare, Meridian, Idaho 83642, 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 Sections 11-2-408 B (7) and (11) 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 professional, research, executive, administrative, accounting, clerical, stenographic, public service and DEVELOPMENT AGREEMENT - 3 • • similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. ~C-G) General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely of almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel- related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. With the limitation of uses on the land for church parking and recreational use, and with a portion used as a contractor roofing business at the location as depicted in the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan #I<D-9910. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted to "City" an application for conditional use permit, and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning &. Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. DEVELOPMENT AGREEMENT - 4 r 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 6.1.1 All driveways and parking areas are to be paved in accordance with City Ordinance. Additional landscaping will need to be provided to meet one three-inch caliper tree per 1,500 square feet of asphalt. 6.1.2 A landscape setback of 35 feet beyond required right-of-way is encouraged as Overland Road is an entrance corridor. Landscaping needs to be provided along the entire frontage of the parcel except for the driveway location. 6.1.3 A screened trash enclosure is to be provided. 6.1.4 Adjacent residential use needs to be screened from parking lot, etc. 6.1.5 All outdoor storage of equipment and material needs to be screened from view. If storage area is to be used for parking of vehicles, paving will be needed. 6.1.6 No signage has been proposed, and none is approved with this application. All signage will be subject to design review. No temporary signs, flags, banners, etc., are permitted. 6.1.7 All building and parking lot construction shall comply with the Americans with Disabilities Act. 6.1.8 Detailed landscape plan needs to be submitted for review and approval that the development be constructed in accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan # I<D-9910. 6.1.9 Dedicate 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of DEVELOPMENT AGREEMENT - 5 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. 6.1. l OThere shall be no cross easement for the parcels to the east and north to use the subject parcel for access to the public streets. 6.1.11Construct a 5-foot wide detached concrete sidewalk within 2-feet of the new right-of-way on Overland Road abutting the side. Coordinate the location, elevation and grade of the sidewalk with District staff. 6.1.12Construct one 24 to 30-foot wide driveway on Overland Road located to align with Retriever Street to the south, approximately 110-feet west of the east property line. Pave the driveway its full required width and at least 30-feet beyond the edge of pavement of Overland Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 6.1.13Locate any proposed gated entry a minimum of 50- feet from a public road. Coordinate the location of any proposed gated entry with District staff. 6.1.14Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 6.1.15 District policy requires restrictions on the width, number and locations of driveways, and shall be placed on future development of this parcel. DEVELOPMENT AGREEMENT - 6 • 6.1.16Direct lot or parcel access to Overland Road is prohibited other than the access point that has been specifically approved with the application. 6.1.17Curb cut needs to be approved by ACHD. 6.1.18The proposed L-O parcel should grant an easement for the sewer service line to the proposed C-G parcel. The C-G parcel should grant across-access easement to the L-O parcel. 6.1.19Applicant shall provide a letter of approval from Sanitary Service Company for the location and construction of the trash enclosure prior to applying for building permits. 6.1.20A11 building and parking lot construction shall comply with the Americans with Disabilities Act. 7. 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 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. 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 following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City DEVELOPMENT AGREEMENT - 7 • Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1. 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. 10.2 A waiver 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. 11. 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. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. 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. DEVELOPMENT AGREEMENT - 8 13.1 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 the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is -delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFOP: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 the improvements, which the "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. 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-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. DEVELOPMENT AGREEMENT - 9 • 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID -83642 DEVELOPER: Treasure Valley Baptist Church, an Idaho Corporation 1300 South Teare Meridian, Idaho 83642 with copy to: City Clerlc City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Robert L. Aldridge 1209 N. 8`h Street Boise, Idaho 83702 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. 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. 19. 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. 20. 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 DEVELOPMENT AGREEMENT - 10 • prevent sale or alienation of the "Property", or portions thereof, except that 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 termination of this Agreement if "City", in its sole and reasonable discretion, had determined that ".Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. 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 otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or 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. 23. 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 Cleric. DEVELOPMENT AGREEMENT - 11 • ACIQVOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Attest:- ..._.__.______._._..._._ ~' - TREASURE VALLEY BAPTIST CHURCH an Idaho Corporation _.~_ ,.~ . C ELE, PRESIDENT ROBERT L. ALDRIDGE, SECRETARY BY RESOLUTION NO. CITY OF MERIDIAN Attest: y~~~~ CITY CLERK v~ BY RESOLUTION NO._ ~~ '~.,~ ~ ~.~ ~, -.~ ~~ ~, ~ ~~ ~~ f~ ~ r M ~~ ~~ ~``o, "I 9~,{~ / /~P ,+~ ........--mod , ? tea" ``~,'~ ~~114iit{iii;;ie'~l\i.:`~. msgfZ:\Worlc\M\Meridian 15360M\Treasure Valley Baptist AZ\DevelopAgr DEVELOPMENT AGREEMENT - 12 i STATE OF IDAHO COUNTY OF ADA ss On is ay of L4~ v~ , in the year 1999, before me, ~~~Cl, a Notary Public, personally appeared Richard emichele and Robert L. Aldridge, known or identified to me to be the President and Secretary of Treasure Valley Baptist Church, Inc., an Idaho Corporation, and who executed the instrument and acknowledge to me that they executed the same on behalf of said corporation. „eV• A.yc ~~/~ ,~ ^: ;~ ~, ~ , ~~-.~ , _ ~ r~ s ~` i~~ a. ; i ,: Y~ STATE OF IDAHO l~ I~l~ Notary Public r Idaho Commission expires: gJl~~~~C~ as County of Ada On this day of , in the year , before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. .~`~~~G~I' L. SI,•~Oo ~ e ^* ~, P U B LZG -' ~ .• O Nota Public for Idaho Commission expires: 10 (IS~aDp~ DEVELOPMENT AGREEMENT - 13 EXHIBIT A Legal Description Of Property for Limited Office (L-O) A parcel of land being described as part of Lot 4, Bloclc 1, of the Timothy Subdivision, as shown on the official plat of record in Boolc 31 of Plats at page 1923 in the office of the Recorder of Ada County in Boise, Idaho, and being situated in the SE 1/4 of Section 18, T. 3N., R. lE., Boise Meridian and being more particularly described as follows: Commencing at the Southeast corner of said Section 18 from which the South 1/4 corner bears South 89°43'11" West, 2,649.02 feet; thence South 89°43'11" West, 1,336.64 feet along the section line and center line of Overland Road to a point; thence North 00°28'51" East, 201.00 feet to the POINT OF BEGINNING; thence South 89°43' 11" West, 300.24 feet to a point; thence North 00°26'49" East, 498.80 feet to a point; thence North 89°40'58" East, 300.54 feet to a point; thence South 00°28'51" West, 499.00 feet to the POINT OF BEGINNING. Said parcel contains 3.44 acres, more or less. DEVELOPMENT AGREEMENT - 14 EXHIBIT A Legal Description Of Property for General Retail and Service Commercial (C-G1 A parcel of land being described as part of Lot 4, Bloclc 1, of the Timothy Subdivision, as shown on the official plat of record in Boolc 31 of Plats at page 1923 in the office of the Recorder of Ada County in Boise, Idaho, and being situated in the SE1/4 of Section 18, T.3N., R.lE., Boise Meridian and being more particularly described as follows: Commencing at the Southeast corner of said Section 18 from which the South 1/4 corner bears South 89°43'11" West, 2,649.02 feet; thence South 89°43'11" West, 1,336.64 feet along the section line and center line of Overland Road to the POINT OF BEGINNING; thence North 00°28'51" East, 201.00 feet to a point; thence South 89°43'11" West, 300.24 feet to a point; thence South 00°26'49" West, 201.00 feet to a point; thence North 89°43'13" East, 300.13 feet to the POINT OF BEGINNING. Said parcel contains 1.39 acres, more or less. DEVELOPMENT AGREEMENT - 15 i ~ EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of A~~roval DEVELOPMENT AGREEMENT - 16 • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING, THE APPLICATION FOR ANNEXATION AND ZONING OF 4.5 ACRES FOR NORTH OF OVERLAND ROAD, SOUTH OF 1-84 AND EAST OF TEARS AVENUE, MERIDIAN, IDAHO Case No. AZ-99-007 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled anne:cation and zoning application having come on for public hearings on July 20, 1999 and August 17, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the July 20, 1999, public hearing, and appearing and testifying at the Aub Est 17, 1999, hearing were Brad Ha~vlcins-Clarlc, Assistant Planner for the Planning and Zoning Department, Gary Smith, Public Worlcs Director, Jay Edmunds, and the Applicant's representative, Robert L. Aldridge, and no one having testified in opposition 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 AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consectai~~e weeks prior to said public hearing scheduled for July 20, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and 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 July 20, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING i ~ 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 if set forth in full. The property is approximately 4.5 acres in size. The property is located at 1300 South Teare, Meridian, Idaho. 5. The Applicant is Treasure Valley Baptist Church, Inc., an Idaho Corporation located at 1300 South Teare, Meridian, Idaho 83642, and is the record owner of the property, and has filed a written request for annexation and zoning. 6. The property is presently zoned by Ada County as M-I Ada County, and contains 4.5 acres. 7. The Applicant requests the property be zoned (C-G) General Retail and Service Commercial for the 1.102 acres as is more particularly described in Exhibit A- 2 of this document, and (L-O) Limited Office for the 3.441 acres as is more particularly described in E.~chibit A-1 of this document, as defined in §§ 11-2-408 B (11) (7) of the Zoning and Development Ordinance of the City of Meridian. 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 in Timothy Subdivision, Lot 4, Bloclc 1, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING C~ 10. The present land use of the subject property is vacant, grass covered, land and limited use for recreational purposes by the church. 11. The proposed land use of the subject property is for church parking and recreational use, and a portion to be used as a contractor roofing business at the location as depicted in the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan #I<.D-9910. 12. The city limits of the City of Meridian are adjacent and abut on the sides of the subject real property. 13. The land within the proposed annexation area is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 14. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 1 S. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 16. In order to assure that the affected and subject area will be served adequately by essential public facilities and services, Staff has received the following comments from the political subdivisions providing services within the City of Meridian planning jurisdiction: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / ICD. ROOFING 16.1 Ada County Highway District (ACHD) "Site Specific Requirements" set forth in that certain report submitted by Larrv Sale, Planning and Development Supervisor, dated June 3, 1999, RE: Staff Level Approval MCUP99-016/AZ-99-007. 16.2 The City of Meridian Planning and Zoning Department and Public Works comments dated June 17, 1999, as follows: 16.2.1 Curb cut needs to be approved by ACRD. 16.2.2 A development agreement is required as a condition of zoning designation. 16.2.3 The proposed L-O parcel should grant an easement for the sewer service line to the proposed C-G parcel. The C-G parcel should grant across-access easement to the L-O parcel. 16.2.4 Applicant shall provide a letter of approval from Sanitary Service Company for the location and construction of the trash enclosure prior to applying for building permits. 16.2.5 All building and parking lot construction shall comply with the Americans with Disabilities Act. 17. 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 following are development considerations which must be taken into account, in order to assure the proposed development is designed, FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page S AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / I~.D: ROOFING 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: 18.1 All driveways and parking areas are to be paved in accordance with City Ordinance. Additional landscaping will need to be provided to meet one three-inch caliper tree per 1,500 square feet of asphalt. 18.2 A development agreement is required as a condition of zoning designation. 18.3 A landscape setback of 35 feet beyond required right-of-way is encouraged as Overland Road is an entrance corridor. Landscaping needs to be provided along the entire frontage of the parcel except for the driveway location. 18.4 A screened trash enclosure is to be provided. 18.5 Adjacent residential use needs to be screened from parking lot, etc. 18.6 All .outdoor storage of equipment and material needs to be screened from view. If storage area is to be used for parking of vehicles, paving will be needed. 18.7 No signage has been proposed, and none is approved with this application. All signage will be subject to design review. No temporary signs, flags, banners, etc., are permitted. 18.8 All building and parking lot construction shall comply with the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / K.D. ROOFING a Americans with Disabilities Act. 18.9 Detailed landscape plan needs to be submitted for review and approval that the development be constructed in accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4128/99 Plan # I~D- 9910. 19. The applicant requested zoning of the subject real property as (L-O) Limited Office District for the 3.441 acres and (C-G) General Retail and Service Commercial District for the 1.102 acres will be harmonious and compatible with the adjacent developments because the requested conditional use is desirable, as the size of existing church property within the City is becoming inadequate, and additional room for expansion is needed and industrial uses currently exist. The general commercial frontage property is consistent with neighboring commercial properties and industrial uses currently exist. Traffic on Overland Road is such that this is a very desirable location for a local business and industrial uses currently exist. The proposed use for this property is consistent with existing uses in the area and industrial uses currently exist. From Meridian Road east along the north side of Overland Road to beyond this property, several commercial and industrial uses currently exist. 20. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. FINDINGS OF FACT AND CONCLUSIONS. OF LA.ti1~ -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING 21. That the proposed zoning designation will be harmonious, compatible and in accordance with the Comprehensive Plan. Of particular relevance are the Economic Development and Land Use sections of the Comprehensive Plan. In the Economic Development section the forecasted needs are that additional land for employment related uses is needed. The Generalized Land Use Map of 1993 designates this area for Mixed/Planned Use Development. This requested use fits very well the definition for Nlixed/Planned Uses and the Economic Development Goal Statement. The Land Use section of the Comprehensive Plan contains an objective to encourage Mixed/Planned Uses along the I-84 corridor, which are attractive and compatible with high-volume traffic corridors. The roofing business along Overland Road meets this objective. The business is to be landscaped and fenced in appropriate areas to maintain ahigh-quality visual appearance. 22. The Applicant paid the fee established by the City Council for the application herein submitted. 23. The proposed development and use is allowed in the requested zone with the following additional requirements: conditional use permit and a development agreement as a condition of the rezone and is recommended in accordance with the conditions hereinafter set out. 24. There are no major or scenic features of major importance that affect the consideration of this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING • 25. 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: 25.1 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. 25.2 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. 25.3 The e.~cpansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 25.4 The application is consistent with Meridian's self identity. 25.5 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. 25.6 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. 25.7 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 Ai~1D DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / K.D. ROOFING • 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. 25.8 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. 26. .The property can be physically serviced with City water and sewer, if applicant extends the lines. 27. 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 Service Planning Area as set forth in the City's Comprehensive Plan. 2. The City 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING • provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the 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 See Finding of Fact No. 25, which is incorporated herein by this reference. 5. The requested zoning of Limited Office District (I-L) and General Retail and Service Commercial (C-G) is defined in the Zoning Ordinance at 11-2-408 B 7. and 11. 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 System of the City of Meridian is a requirement in this district. ~C-G) General Retail and Service Commercial: The purpose of the (C- G) District is to provide for commercial service uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Service FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / ICD. ROOFING • systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that public parking and quasi-public parking and retail stores are listed as permitted as conditional uses in the (L-O) Limited Office District and (C-G) General Retail and Service Commercial District. 7. That the City of Meridian Comprehensive Plan, under LAND USE, Mi<Yed-Use Area at Eagle Road, in 5.16U, states that all development requests will be subject to development revie`v and conditional use permit processing to insure neighborhood compatibility. 8. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and operate any facilities on this parcel of land. 9. 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). 10. 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / I<.D. ROOFING Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 NI, which pertains to the piping of ditches; and Section 11-9-606 B 14., `which pertains to pressurized irrigation systems. 11. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 12. Section 11-2417 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. 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: 1. This application is for annexation and zoning of 4.5 acres. 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 of the parcels described in Exhibit A-1 and Exhibit A-2 respectively as (L-O) Limited Office FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 Ai~1D DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / I~.D: ROOFING r: and (C-G) General Retail and Service Commercial which 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 The conditions of zoning designation recommended to be imposed are as follows: 3.1.1 All driveways and parking areas are to be paved in accordance with City Ordinance. Additional landscaping will need to be provided to meet one three-inch caliper tree per 1,500 square feet of asphalt. 3.1.2 A landscape setback of 35 feet beyond required right-of- way is encouraged as Overland Road is an entrance corridor. Landscaping needs to be provided along the entire frontage of the parcel except for the driveway location. 3.1.3 A screened trash enclosure is to be provided. 3.1.4 Adjacent residential use needs to be screened from parking lot, etc. 3.1.5 All outdoor storage of equipment and material needs to be screened from view. If storage area is to be used for parking of vehicles, paving will be needed. 3.1.6 No signage has been proposed, and none is approved with this application. All signage will be subject to design review. No temporary signs, flags, banners, etc., are permitted. 3.1.7 All building and parking lot construction shall comply with the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING • 3.1.8 Detailed landscape plan needs to be submitted for review and approval that the development be constructed in accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan # IUD-9910. 3.1.9 Dedicate 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-~vay from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 188. 3.1. l OThere shall be no cross easement for the parcels to the east and north to use the subject parcel for access to the public streets. 3.1.11 Construct a 5-foot wide detached concrete sidewalk within 2-feet of the new right-of-~vay on Overland Road abutting the side. Coordinate the location, elevation and grade of the side~vallc with District staff. 3.1.1ZConstruct one 24 to 30-foot wide driveway on Overland Road located to align with Retriever Street to the south, approximately 110-feet west of the east property line. Pave the driveway its full required width and at least 30- feet beyond the edge of pavement of Overland Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 3.1.13Locate any proposed gated entry a minimum of 50-feet from a public road. Coordinate the location of any proposed gated entry with District staff. 3. I.14Utility street cuts in the ne~v pavement are not allowed FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING • • unless approved in writing by the District. 3.1.15District policy requires restrictions on the width, number and locations of driveways, and shall be placed on future development of this parcel. 3.1.16Direct lot or parcel access to Overland Road is prohibited other than the access point that has been specifically approved with the application. 3.1.17Curb cut needs to be approved by ACRD. 3.1.I8The proposed L-O parcel should grant an easement for the sewer service line to the proposed C-G parcel. The C-G parcel should grant across-access easement to the L-O parcel. 3.1.19Applicant shall provide a letter of approval from Sanitary Service Company for the location and construction of the trash enclosure prior to applying for building permits. 3.1.20A11 building and parking lot construction shall comply with the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING • 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 . ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD COUNCILMAN CHARLIE ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAI<.ER) DATED: `~ ~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING VOTED VOTED VOTED VOTED VOTED MOTION: APPRO DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Departm t and City Attorney. Bv: City Cleric Dated: %'~~~/ ms,efZ:\Worlc\Nt\Meridian 1536011\Treasure Valley Baptist AZ\CivtCouncilAZFfCIOrde •Y~,,' v' ,,'~1~1" ;. G '~ ~ ~ I 1 ~. r _ ~~.fLL 9~ 9 ,~ '.,~i d' T lei(' ~.~`~~` ~tI~/N+~ ~t t1~tt-y'~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / I<.D. ROOFING f EXHIBIT A - 1 Legal Description Of Property for Limited Office (L-O) A parcel of land being described as part of Lot 4, Bloclc 1, of the Timothy Subdivision, as shown on the official plat of record in Boolc 31 of Plats at page 1923 in the office of the Recorder of Ada County in Boise, Idaho, and being situated in the SE 1/4 of Section 18, T. 3N., R. 1 E., Boise Meridian and being more particularly described as follows: Commencing at the Southeast corner of said Section 18 from which the South 1/4 corner bears South 89°43' 11" West, 2,649.02 feet; thence South 89°43'11" West, 1,336.64 feet along the section line and center line of Overland Road to a point; thence North 00°28'51" East, 201.00 feet to the POINT OF BEGINNING; thence South 89°43' 11" West, 300.24 feet to a point; thence North 00°26'49" East, 498.80 feet to a point; thence North 89°40'58" East, 300.54 feet to a point; thence South 00°28'51" West, 499.00 feet to the POINT OF BEGINNING. Said parcel contains 3.44 acres, more or less. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION A~rD ZONING/ TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING t EXHIBIT A - 2 Legal Description Of Property for General Retail and Service Commercial (C-G) A parcel of land being described as part of Lot 4, Bloclc 1, of the Timothy Subdivision, as shown on the official plat of record in Boolc 31 of Plats at page 1923 in the office of the Recorder of Ada County in Boise, Idaho, and being situated in the SE1/4 of Section 18, T.3N., R.IE., Boise Meridian and being more particularly described as follows: Commencing at the Southeast corner of said Section 18 from which the South 1/4 corner bears South 89°43'11" West, 2,649.02 feet; thence South 89°43'11" West, 1,336.64 feet along the section line and center line of Overland Road to the POINT OF BEGINNING; thence North 00°28'51" East, 201.00 feet to a point; thence South 89°43'11" West, 300.24 feet to a point; thence South 00°26'49" West, 201.00 feet to a point; thence North 89°43' 13" East, 300.13 feet to the POINT OF BEGINNING. Said parcel contains 1.39 acres, more or less. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING F~~ Memo TO: SHARI STILES, PLANNING AND ZONING GARY SMITH, PUBLIC WORKS BILL GIGRAY, CITY ATTORNEY BECKY ROSE, ADA COUNTY ASSESSOR'S OFFICE ROBERT CAMPBELL, APA MAPPING ROSS DODGE, APA LAYNE DODSON, IDAHO POWER CO. STATE TAX COMMISSION STERLING CODIFIERS From: ANGEL SIMS, DEPUTY CITY CLERK Date: 09/27/99 Re: ORDINANCE #842 -TREASURE VALLEY BAPTIST CHURCH PLEASE FIND ATTACHED A COPY OF THE RECORDED ORDINANCE FOR YOUR FILES. THE ANNEXATION AND ZONING OF THIS PROPERTY IS NOW COMPLETE. SHOULD YOU HAVE ANY QUESTIONS PLEASE DO NOT HESITATE TO GIVE ME A CALL. FROM THE DESK OF ANGEL SIMS • Page 1 AOA CG~;~R':COROEIt ~ ` .1.OA'fID ~'~,1rARR0 1999 SP 23 Fi~i l~ 15 ~~~' 9509~~S9 CITY OF MERIDIAN ORDINANCE NO. ~%~~ 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 A PORTION OF SAID LAND BE ANNEXED INTO THE CITY OF MERIDIAN AND ZONED AND DESIGNATED LIMITED OFFICE DISTRICT (L-O) AND THAT A PORTION OF SAID LAND BE ANNEXED INTO THE CITY OF MERIDIAN AND ZONED AND DESIGNATED GENERAL RETAIL AND SERVICE COMMERCIAL (C-G); 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 MERIDIAN, 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 said Property to-wit: A parcel of land being Lot 4, Bloclc l , of the Timothy Subdivision as shown on the Official Plat of Record in Boolc 31 of Plats at page 1923 in the office of the Recorder of Ada County in Boise, Idaho, and more particularly described as follows: Beginning at a 1/z" iron pin marking the Northwest corner of said Lot 4, Bloclc 1; thence along the Northerly boundary of Lot 4, North 89°40'5 8" East, 300.54 feet (formerly described as North 89°44' 18" East, 300.00 feet) to a found 1/z" iron pin marking the Northeast corner of said Lot 4; TREASURE VALLEY BAPTIST CHURCH, INC. ANNEXATION AND ZONING ORDINANCE • thence leaving said Northerly boundary of said Lot 4, South 00°28'51" West, 660.00 feet (formerly described as South 00°28'51" East, 660.00 feet) along the Easterly boundary of said lot to a found 1/z" iron pin marking the Southeast corner of said lot; thence South 89°43'11" West, 300.15 feet (formerly described as South 89°44' 18" West, 300.00 feet) along a line being 40.00 feet Northerly and parallel to the center line of Overland Road to a found i/z" iron pin marking the Southwest corner of said Lot 4; thence North 00°26'49" East, 659.80 feet (formerly described as North 00°28'51" East, 660.00 feet) along the Westerly boundary of said lot to the point of beginning. Said parcel contains 4.55 acres, more or less. 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 a portion of the real property herein by this ordinance annexed to the City of Meridian hereinabove and more particularly described as follows: A parcel of land being described as part of Lot 4, Bloclc 1, of the Timothy Subdivision, as shown on the official plat of record in Boolc 31 of Plats at page 1923 in the office of the Recorder of Ada County in Boise, Idaho, and being situated in the SE 1/4 of Section 18, T.3N., R.1 E., Boise Meridian and being more particularly described as follows: Commencing at the Southeast corner of said Section 18 from which the South 1/4 corner bears South 89°43'11" West, 2,649.02 feet; thence South 89°43'11" West, 1,336.64 feet along the section line and center line of Overland Road to a point; thence North 00°28'51" East, 201.00 feet to the POINT OF BEGINNING; thence South 89°43' 11" West, 300.24 feet to a point; thence North 00°26'49" East, 498.80 feet to a point; TREASURE VALLEY BAPTIST CHURCH, INC. 2 ANNEXATION AND ZONING ORDINANCE • • thence North 89°40'58" East, 300.54 feet to a point; thence South 00°28'51" West, 499.00 feet to the POINT OF BEGINNING. Said parcel contains 3.44 acres, more or less. be and the same is hereby zoned Limited Office District (L-O) SECTION 4: That a portion of the real property herein by this ordinance annexed to the City of Meridian hereinabove and more particularly described as follows: A parcel of land being described as part of Lot 4, Bloclc 1, of the Timothy Subdivision, as shown on the official plat of record in Boolc 31 of Plats at page 1923 in the office of the Recorder of Ada County in Boise, Idaho, and being situated in the SE 1/4 of Section 18, T. 3N., R. lE., Boise Meridian and being more particularly described as follows: Commencing at the Southeast corner of said Section 18 from which the South 1/4 corner bears South 89°43' 11" West, 2,649.02 feet; thence South 89°43'11" West, 1,336.64 feet along the section line and center line of Overland Road to the POINT OF BEGINNING; thence North 00°28'51" East,. 201.00 feet to a point; thence South 89°43' 11" West, 300.24 feet to a point; thence South 00°26'49" West, 201.00 feet to a point; thence North 89°43' 13" East, 300.13 feet to the POINT OF BEGINNING. Said parcel contains 1.39 acres, more or less. be and the same is hereby zoned General Retail and Service Commercial (C-G). SECTIONS: 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. TREASURE VALLEY BAPTIST CHURCH, INC. 3 ANNEXATION AND ZONING ORDINANCE • SECTION 6: The zoning designations set forth in Sections 3 and 4 of this ordinance are 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 and entered into and dated the 7~' day of ~ , 1999. SECTION 7: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 8: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 9: The Clerk 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 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 §SO-223. TREASURE VALLEY BAPTIST CHURCH, INC. 4 ANNEXATION AND ZONING ORDINANCE PAS D BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ ~ day of ~~~`~~° -, 1999. APP OVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ! ~ da Y of CJ b-~; 1999. ~-~ ATTEST: ~p f°~~GZ,E--~ CI LERI~ STATE OF IDAHO,) County of Ada. ss. `\ ~ ~ T ~ ~r w ~~~.+ '" ~ ,, ,''s,~~~~t~1l1lil ttlit\a\\\\\````1 On this~day of 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ',~~~ruuo~~~~~~' ~,•`°~~G~•L :: SIB ~'•. • ~pTA1e I,. ~ `~I~S • ~•- - NOT Y PUBLIC FO IDAHO ~.° P U B LAG ~.~ RESIDING AT: ~I ~ ~'•.; l' °••.•~~•~•.•',~,~~.•'~ MY COMMISSION EXPIRES: ~~'~ ~E~O F„~ ~p~' msg\Z:\Work\M\Meridian 15360M\Treasure Valley Baptist AZ1AZ. ORD.WPD TREASURE VALLEY BAPTIST CHURCH, INC. ANNEXATION AND ZONING ORDINANCE i CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerlc, 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 ~~/~m;h~ 1999, is a true and correct copy of the original of said document which is in-thTe" care, custody and control of the City Clerlc of the City of Meridian. ~-i//d~%~-i~ WILLIAM G. BERG, STATE OF IDAHO, County of Ada, SS. GF ~ ''f;. ,,. .~ r.~ S~~L 9 ~~ ~, ~~~-~~rnH it~1N~~~ On this / ~ day of , in the year 1999, before me, Ate- L. ~~MS , 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. o~ Nota Public for Idaho Commission Expires: I ~.S'~~_ 15360M\Treasure Valley Baptist AZ\CertificationOfClerlcOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN • • MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 18 Corrie: Motion is made by Mr. Bentley second by Mr. Anderson to approve the development agreement, the Mayor to sign, the Clerk to attest. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 9. ORDINANCE #839 -- REZONE OF 9.838 ACRES FROM R-8 WITH CONDITIONS FOR TOWNHOUSES TO R-8 WITHOUT CONDITIONS FOR PROPOSED TREMONT PLACE SUBDIVISION BY LUNA VISTA, INC.- BROADWAY & 8T" STREET (725 W. 8T") Corrie: This will be Ordinance #839. City Clerk would you please read Ordinance #839 by title only? Berg: Thank you Mr. Mayor. (ORDINANCE #839 WAS READ BY TITLE ONLY) Corrie: Is there anyone from the audience who would like Ordinance #839 read in its entirety? Hearing none, I'll entertain a motion on Ordinance #839. Bentley: Mr. Mayor I move we approve Ordinance #839 with suspension of rules. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve Ordinance #839 with suspension of rules. Any further discussion? Hearing none. ROLL CALL: ROUNTREE, AYE. BIRD, YEA. ANDERSON, YEA. BENTLEY, YEA. MOTION CARRIED: ALL AYES. 10. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 4.6 ACRES BY TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING-NORTH OF OVERLAND RD, SOUTH OF I-84 & EAST OF TEARE AVE: (ATTORNEY TO PREPARE FINDINGS) 11. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR CHURCH PARKING, RECREATIONAL USES AND CONTRACTOR'S BUSINESS BY TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING-NORTH OF OVERLAND RD, SOUTH OF I-84 & EAST OF TEARE AVE: (ATTORNEY TO PREPARE FINDINGS) Corrie: As I mentioned earlier tonight item number ten and eleven deal with the same applicant. If the Council has no objections, the applicant has no objections, and • MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 19 anybody in the audience have any objections to putting item number ten and eleven together on a public hearing. Gigray: Mr. Mayor point of information and procedure for the Mayor and City Council. In regards to this matter, I would recommend that for purposes of the record it be clarified that you'd combining these two items for the purpose of conducting a public hearing so that people could address the issues to both the annexation and zoning request and the conditional use permit request. Then my recommendation of the Council is that you would take action on annexation and zoning request first and that you delay action on the conditional use permit until there is appropriate action and passage of an ordinance so that the property in question is subject to the ordinances of the City of Meridian with regards to item 11. But that it would save time and I think some of the issues might be compatible if these hearings were combined for purposes of the record. Corrie: Okay hearing no objections, I'll open the public hearing on items 10 and 11 for request for annexation and zoning and also request for conditional use permit and invite staff comments first. Hawkins-Clark: Mayor and Council I'll deal with the annexation first as far as the staff report and then just go right into the CUP if that's the way you are going to work it. There we go. It wasn't your glasses after all. Subject property is here is Overland Road. Down here it's on the north side of Overland Road. Teare Avenue is located just to the west. There currently is a request for these five parcels on the other side of the Nine Mile Drain. That is before the Planning and Zoning Commission fora 300 unit apartment complex. The Planning and Zoning Commission did recommend approval of the annexation to you. The City Attorney if I'm correct is waiting for two legals before formal approval can be done on this. The two legals, this is the one piece as it currently is. The proposal for the annexation is actually to divide it into two separate legal parcels. You can see that the north part of the parcel is proposed 3.44 acres, part of Treasure Valley Baptist Church which would be used for recreational and parking and other purposes and then the south part of the parcel which fronts on Overland Road is proposed for K.D. Roofing which is the following item the conditional use permit. The proposed zone for the north is L-O, which is the same as the church currently is and the proposed zone for the south is C-G. In terms of staff recommendations, Ithink the development agreement is suggested. I would refer to staff comments dated June 17rn 1999. There was testimony submitted by Jay Edmonds which I believe you all have noting three different issues being trash, weed control and then the waterline not to impede his irrigation access. Sewer easement would come from the north up here. An easement should be dedicated to come through this property to the south. Staff to encourage as far as an entryway corridor, Overland a 35 foot landscape setback. Here's the site plan moving on to the next item. The conditional use permit this is the proposed site plan. I would again refer you to the staff comments June 17, 1999. We • MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 20 would note that in your files the front page has the appropriate agenda item, but the recommendations from the attorney show the Capital Christian Center in your file. So I don't know if that's a mistake. I don't believe we have the recommendation drawn up. So there is some collation there, but I think that you have in your files the recommendations for this one, but again the Planning and Zoning Commission has recommended approval of this site plan noting some of the staff comments which you have. Currently there is a proposed 30 foot gravel surface easement and I would as staff invite the applicant to present the reason for that. I think it could potentially -the ordinance requires paving for any drives or parking areas which this apparently is not. On the other hand as far as maintenance and dust abatement and those kinds of things, I think we would at least like to see some kind of requirement put on that for maybe sod or lawn or at least some kind of a dust abatement measure put on that. The gravel surface over here is slatted. There's currently a residence on this side. This site would provide a screen there. But another item for your consideration. The only change in your packets is the landscape berm. I believe that there is a proposed change on this 35 foot berm here. So I think that concludes the staff. Corrie: Okay. Is the applicant here? Aldridge: Mr. Mayor and members of the Council, Bob Aldridge the attorney for the applicant. In no particular order do we respond to the things that staff has brought up. We work with them. We're in full agreement with all the terms and conditions that have been put forth. The 30 foot area on the right hand side is going to be in fact paved. That's an eventual future easement out for church overflow on Sundays only. But that will be when that entire back area turns into parking versus the recreational use, which is I assume a number of years down the road and would have to be brought back for additional conditions at that time in any event, but that's the reason for keeping right hand side free is to have that eventual use. In addition to that, staff had requested that we give easements out if necessary to the adjoining property to the east during construction. And again that would require along that side having a way for them to be able to come out and into the parking area and the out through. There's only one allowed cut in that whole area. It's approximately 100 feet from the east end, 200 feet from the other end. It will line up with the road across the way and so that's the only at least until some new road section is in the adjoining property. This cut out would be the only way the adjoining property could use for easement for construction purposes and we're perfectly willing to let them have that. The property I think is going to be pretty low density compared to the other usage in the area. You heard about the 300 units down the road a bit. It's going to put a lot more traffic out. The property between us and that has sold to my understanding going to be a KOA campground and storage units at least proposed and Mr. Edmond's property is up for sale. So all of this is rapidly changing and going to be commercial. Other than that I think we're pretty light use. We're willing and able to do all the things in the staff so we don't have anything we need changed. We'd just like to request that all of this be approved and we proceed. It is my • MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 21 understanding by the way that the legals have been turned in with the - I don't know if they've gotten to the city attorney yet. Corrie: That's the question. Okay is there anyone else from the public who would like to issue testimony on item 10 and 11, the annexation or the conditional use permit? Gigray: Mr. Mayor and members of the Council, just a point of clarification and also a reference in the record was that there was not a recommendation from the Planning and Zoning Commission. I have one in my file. I have a transmittal letter of July 19th of those recommendations, and I want to make sure that those have been received. Corrie: What's the date? Gigray: The transmittal letter was the 19th of July. Corrie: Yes, I have that. Do you? Gigray: Then it would look like this? Of course that looks like the rest of them from a distance. I just wonder if the wrong ones were stapled on the cover sheet which can happen. Bird: I got the next item on mine. Rountree: Is that conditions for the annexation or the conditional use permit? Gigray: Conditional use permit and I also have the ones for the annexation. Wasn't it the conditional use permit that was confused? Bird: We don't have either one. Corrie: I have both of them. Bird: You have both of them? Corrie: Yeah. Bird: How come you got a different packet than we got? Corrie: I can't answer your question. The City Clerk might be able to. Gigray: For purposes of the record and of course with agreement of Council or anyone representing other parties, for the purpose of this hearing you're welcome to use mine. • MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 22 Corrie: You can use mine too. Berg: Mr. Mayor, this was a continued public hearing. I'm sure they are in your previous packet that you continued it from July 20~n Bentley: That was a long time ago. Berg: Well you tabled it for a month and they were attached to that item and we did not reproduce it. I hope you have it somewhere. (Inaudible) Corrie: Again I'll ask anyone from the public who want to testify at this point. Council do you have any questions of the applicant or the staff? Bentley: I have a question of staff and where is Gary? You should know better than to walk out. Gary on this project, is there any problems with sewer or water capacity or anything? Smith: No, sir. Bentley: Okay thank you. That's all I have. Rountree: I have a question for the applicant, and I'm a little confused and maybe you will want to use the overhead to explain this to me. The site plan indicates a curb cut or in this case access point pretty much mid lot. Aldridge: Actually it's 200 feet from the west line, 100 feet from the east line. It's an existing curb cut that's there. Rountree: It's an existing access point. Now explain to me again what's going to happen on what would be the east side. Aldridge: Yes, we will have an easement agreement with K.D. Roofing allowing us to have ingress and egress for overflow parking on limited -the current idea is to Sundays only and only for overflow when that back three acres turns into eventually to parking or something similar. They would have the ability to exit out from that. That would ease the burden on Teare Avenue. Because right now everything channels out through Teare which is not a large street and this would spread it a little bit. Rountree: So what's you're proposing is that there would be access from the current point of access or roughly 100 feet from the east border of the property through their parking lot and then down the east side of that parcel into the church parcel. • MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 23 Aldridge: Yes that also allows some fire things that need to be done as well. They'll access through that. Rountree: I have got to tell you from my point of view, that's not a good idea. Bentley: Mr. Mayor if I could: Could you go over it so the people in the audience can see what you're referring to there and point it out. Aldridge: (Inaudible -off the microphone). And the concept is that it would be limited to days that it could happen. It's not intended to be a full time access of any sort. Quite frankly it's one of the reason for some of that offset is to make it a slower process to go through so it doesn't become more convenient than coming out the main entrance, but we felt that that was actually a better solution to eventual traffic problems on to Overland than the existing because they can backed up coming out because everybody comes out the same time. It's a very limited time it's backed up but when it's backed up, it slows down considerably. We reviewed that with staff who had as I understand had no problems with that. Bird: Run that by me again. How are you going to get out and come down the east side? (Inaudible) Bird: Yeah, but they don't own the property. Have you got an easement? Aldridge: We're selling this front property to K.D. Roofing. Bird: Yeah but you both have got the same width. So they're coming here, so they're going to give you a 20 foot easement down here to get into their stuff? Aldridge: (Inaudible) Bird: They're giving you that big of an easement from the property line over, 30 foot easement that you're going to maintain with gravel surface? Aldridge: No, we're going to pave it. Pave it initially that's much better usage of it. Bird: I see no problem with it, but I just was trying to figure it out. I didn't read that 30 foot easement. Okay. Corrie: Any further questions? i • MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 24 Bird: I have none. Corrie: Thank you. Any questions? I'll entertain a motion to close the public hearing. Bird: Mr. Mayor I move we close the public hearings on the request for annexation of 4.6 acres for Treasure Valley Baptist Church, K.D. Roofing north of Overland Road, south of I-84 and east of Teare Avenue and also to close the continued pubic hearing request for conditional use permit for church parking, recreational use, and contractors' business by Treasure Valley Baptist Church and K.D. Roofing, north of Overland Road, south of I-84 and east of Teare Avenue. Corrie: Do I hear a second? Bentley: Second. Corrie: Motion is made and second to close the public hearing on items 10 and 11. Any further discussion? All those in favor of the motion say aye. Rountree: Mr. Mayor could I have that motion repeated? I have not vote yet. Corrie: All right, Mr. Bird do you want to do it again? Bird: Mr. Mayor, I move that we close the public hearing of the request for annexation and zoning of 4.6 acres by Treasure Valley Baptist Church / K.D. Roofing, north of Overland Road, south of I-84 and east of Teare Avenue and also the continued public hearing request for conditional use permit for church parking, recreational uses and contractors' business by Treasure Valley Baptist Church / K.D. Roofing, north of Overland Road, south of I-84 and east of Teare Avenue. Corrie: That was the motion and second. Any further discussion? Bird: The third time it will cost you if I have to repeat it. Corrie: All we are doing is closing the public hearing. Any further discussion? Hearing none, all those in favor of closing the public hearing on items 10 and 11, say aye. MOTION CARRIED: ALL AYES. Corrie: Okay now I'll entertain a motion to Findings of Fact and Conclusions of Law on the approval of the request for annexation and zoning for Findings of Fact and Conclusions of Law and the appropriate ordinance and development agreement. MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 25 Rountree: Mr. Mayor I move that we have City Attorney prepare Findings of Fact and Conclusions of Law, Decision and Order related to the annexation and zoning of Treasure Valley Baptist Church. Findings of Fact and Conclusions of Law should include the conditions of staff, conditions of Planning and Zoning, and should further reflect that a cross connection or a cross circulation of traffic between these lots would not be allowed. Anderson: I'll second that. Corrie: Motion made by Mr. Rountree and second by Mr. Anderson the motion as presented by Mr. Rountree. Any further discussion? Bird: Yeah, Mr. Mayor. Does this include the K.D. Roofing too? You didn't include K.D. Roofing. Rountree: This is just annexation and zoning. Bird: It's for the two of them, and I understand with the annexation and stuff what your motion says is that we don't allow that 30 foot easement. Is that right? Rountree: If I understand the item correctly, it's annexation and zoning for 4.6 acres, which includes both the Treasure Valley Baptist and K.D. Roofing. Bird: Yeah and your motion did not say K.D. Roofing. Rountree: No, I didn't indicate K.D. Roofing. Bird: But you are including that? Rountree: It includes it in item number 10 yes. Bird: And you also are not allowing the 30 foot right-of-way for relief on to Overland with your motion? Rountree: That's the intent of my motion. Bird: Okay. Corrie: Any other discussion? All those in favor of the motion say aye. MOTION CARRIED: 3 AYES, 1 NAY. MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 26 Corrie: Okay, I'll entertain a motion now to hold the action for the request for conditional use permit for the church parking until the appropriate Findings of Fact and Conclusions of Law have been presented to the Council next meeting. Bentley: Mr. Mayor I move we table the request for conditional use permit until the next Council meeting of 9R. Corrie: Is there a second to that motion? Bird: I'll second it. Corrie: Motion made and second that we table item number 11 request for conditional use permit until we get the Findings of Fact and Conclusions of Law on the annexation and zoning. Any further discussion? Rountree: Mr. Mayor, I believe we could have Findings of Fact and Conclusions of Law and Decision and Order and just hold the Decision and Order and recommendation and decision on the conditional use permit. Corrie: You could. Bird: Don't we have to have the development agreement first Charlie too before we can pass on this? That would be included with the Findings and Facts. Right? Rountree: Yeah. It saves the applicant some time. Bird: Yeah so that has to be on the agenda before item 11 is. Bentley: I would amend my motion to reflect that. Bird: I'll second it. Corrie: Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Bentley: Mr. Mayor I move we take a ten minute break. Bird: I'll second that. Corrie: We'll be back at ten minutes after 8:00. (TEN MINUTE RECESS TAKEN) ~. ~ '~~`'~q MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 7,1989 ~,~~ '1~ APPLICANT: TREASURE VALLEY BAPTIST CHURCH A REQUEST: ANNEXATION 8 ZONING ORDINANCE FOR TREASURE VAL AGE Y 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: l'/' ~ IDAHO POWER: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become properly of the City of Meridian. ~,1avo~ HG'B OF TRE4SUR~ GALLEY ROBERT D. CORRE: ~ A Goad Place co Live ,,n•.I ~I m~.K CITY OF MERIT AN CH~iRLES ROUNTREE ~ 33 E.~ST IDAHO GLENN BENTLEY MERIDIAN, ID.~HO 33612 RON .4NDERSON Phone (208) 333--t-i33 • Fax (208) 387-4813 KEITH B[RD FACSIMILE COVER SHEET LEG,~L OEP.4RT~IENT PUBLIC WORKS BUILDING DEP,4RT~tENT (_08)$87.2311 PL.4NNiNG AND ZONING DEP.4RT~IENT FAX NUMBER:~~J2 97 DATE: ~~ T1TLE/DEPARTMENT: CONFIDENTIAL: YES NO !~ TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): FROM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218 NAME: TITLE/DEPAR~`MENT: COMMENTS: PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. ** TX CONFIRMI,~tON REPORT ** AS OF SEP 08 '~9 1522 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM MODE MINiSEC PGS CMD#S STATUS 06 09108 15 21 PUBLIC WORKS OF--S 00'59" 004 123 OK flavor .......... . i ..- .~ v ~~ ~. •.u~,C t ROBERT 0. CORR~ .~ Guod Pace co Lire .~~~ °~,t~TI~ CITX OF MERIbIAN CH~,RLES ROUNTit~ ~ 33 E.aST IDAF~O OI.ENN BENTLEY MERIDGaN, ID~+.HO 836•t2 RON.aNOER50N Phonc (?08) 888•-~}3 • Fix (?08) 387-;3!} KEITH etRD FACSIMILE COVER SHEET LSG.~L OE?.aRT~IENT t,oyl sya.~}h,~ PUBLIC WORKS 6U1LDt,YG pEP.iRT~tENT 1_osl ~s7.?.I 1 PLiNNING .iNO ZON INO DEP.iR'I'J.tENT FAX NDDUMBER:~7 -/Z 97 DATE: TO: Cl~l ,l~ P ~/d~V 10.E n. ~ T1TLE/DEPARTMENT: PI ~/1I CONFIDENTIAL: YE5 NO'C TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): FROM: CITY OF MERIDIAN - FAX NUMBER; (208) 888-4218 TITLE/DEPAR COMMENTS: PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. ~11~a~ Hl/'B OF THE-)SURE VALLEY ROBERT D. CORR;E . A Good Place to Live ,..n.?let T~.~ CITY OF MERI AN CH,aRLES ROUNTREE ~ 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 33(rl2 RON ANDERSON Phone (208) 388--t-t33 • Fax (208) 387-->•313 KEITH B[RD FACSIMILE COVER SHEET LEGAL DEPART~IE:~T PUBLIC WORKS BUILDING DEPART~,IENT (~03) 337-r_, ( PLANNING AND ZONING DEPARTMENT ('_03)331-jj33 FAX NUMBER:----~'~- / Z9`7 DATE: I TO: i'V f--'• TITLE/DEPARTMENT: CONFIDENTIAL: YES NO )C TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): FROM: CITY OF MERIDIAN. - FAX NUMBER: (208) 888-4218 NAME: PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. TITLE/DEPAf~TMENT: l_~ ~ _ • MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 7 1999 APPLICANT: TREASURE VALLEY BAPTIST CHURCH AGENDA ITEM NUMBER: REQUEST DEVELOPMENT AGREEMENT FOR TREASURE VALLEY BAPTIST CHURCH 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: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED SIGNED D/A ~~v'°q,o ~; BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. WHITE, PETERSON, PRUSS, MORROW &GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH JULIE KLEW FISCHER WM. E GIGRAY, 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 Z00 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680.1150 TEL (208) 288-2499 FAX (108) 288.2501 Email via Internet @ wfg@wppmg.com August 27, 1999 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 AUG 3 0 1999 ~ Taw , - _ t. _ .~ ~__,__ William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: TREASURE VALLEY BAPTIST CHURCH / ANNEXATION AND ZONING FINDINGS /DEVELOPMENT AGREEMENT / RESOLUTION AND CERTIFICATE OF CLERK 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 as per instructions from the Council meeting of August 17, 1999, and which are on the agenda for September 7, 1999. I have also attached hereto the DevelopmentAgreement for the above matter. After the Council meeting of September 7, 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". I have also attached the originals of the Resolution and Certificate of the Clerk for the Development Agreement. 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. Following the signatures, the matter shall be placed back before the Council for action on the Development Agreement and Annexation and Zoning Ordinance. If you have any questions please advise. Very 1y rs, m. F. Gigray, III msg\Z:\Work\M\Meridian 15360M\Treasure Valley Baptist AZ\FFCL and DevAgtClk.ltr • RESOLUTION NO Z S 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 ~~~ n..- ~~.Psy , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND TREASURE VALLEY BAPTIST CHURCH, INC., AN IDAHO CORPORATION. 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 Treasure Valley Baptist Church, Inc., an Idaho Corporation, Inc., 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 Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with Treasure Valley Baptist Church, Inc., an Idaho Corporation, Inc., entitled "DEVELOPMENT AGREEMENT" dated the ~ day of .S~~v~-l~-~; 1999, by and between the City of Meridian and Treasure Valley Baptist Church, Inc., an Idaho Corporation, Inc., 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 Treasure Valley Baptist Church, Inc., an Idaho Corporation • PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~day of 7~w•'h-~ , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of S-2~~~~~- , 1999. OR ATTEST: CITY CLERK msg\Z:\Worlc\M\Meridian 15360M\Treasure Valley ~,~,5``,~~tti~Tttryttt ~' ~r 1J~ 1 t~ ~I h -` O ~ ~ .. '_ ~~, 9~ '% '~~ ,~ tist's Yibn1S~ • ~ mow`' ~~~''~ ~ ~t f'~fgY . `\~~.'~t RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH Treasure Valley Baptist Church, Inc., an Idaho Corporation • CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 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 Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the ~ day of f-Qp7~~b~c, 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 _s~C 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND TREAS RE VALLEY BAPTIST CHURCH, INC., AN IDAHO CORPORATION. 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 Treasure Valley Baptist Church, Inc., an Idaho Corporation, 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 Treasure Valley Baptist Church, Inc., an Idaho Corporation, Inc., entitled "DEVELOPMENT CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN AGREEMENT" dated the -7~ day of ~~e ~~=--~- , 1999, by and between the City of Meridian and Treasure Valley Baptist Church, Inc., an Idaho Corporation, Inc., a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. a~~` ~~ STATE OF IDt County of Ada, SEAL ~~ ~~ ~~~~. /~~~~tfltf9 4ltftlg~` WILLIAM G. BERG, R. On this ~~ day of_ , in the year 1999, before me, a Notary Public, appeared WILL 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. ~~.+` GAL L. Sj ~•.,~ ..... ~ ~pTA.R Y ° , i +~ ~ ~ '~C (SE~I. '; A U B LtiG ~~,, ~~ °°s °°°°410 `~ msg\Z:\W orlc~t~r~i~n 'i@t~M\"1 eeseeeeet'e C Nota Public for Idaho Commission Expires: Valley Baptist AZ\CertificationClerkfor RES CERTIFICATE OF CLERK OF THE 2 CITY OF MERIDIAN • • MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 7 1999 AGENDA ITEM NUMBER: ~~ APPLICANT: TREASURE VAL4EY BAPTIST CHURCH REQUEST: ANNEXATION 8~ ZONING FOR TREASURE V LEY BAPTIST CHURCH AGENCY COMMENTS CITY CLERK: 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 IRRIGATION: SETTLERS IRRIGATION: U ~, IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: of the City of AAeridlan. All Materials presented at public meetings shall become properly i BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) Case No. AZ-99-007 APPLICATION OF TREASURE ) VALLEY BAPTIST CHURCH / ) FINDINGS OF FACT AND ROOFING, THE ) D I CONCLUSIONS OF LAW AND . . APPLICATION FOR ) DECISION AND ORDER ANNEXATION AND ZONING ) GRANTING APPLICATION OF 4.5 ACRES FOR NORTH OF ) FOR ANNEXATION AND OVERLAND ROAD, SOUTH OF ) ZONING 1-84 AND EAST OF TEARE ) AVENUE, MERIDIAN, IDAHO ) The above entitled annexation and zoning application having come on for public hearings on July 20, 1999 and August 17, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the July 20, 1999, public hearing, and appearing and testifying at the August 17, 1999, hearing were Brad Hawkins-Clark, Assistant Planner for the Planning and Zoning Department, Gary Smith, Public Works Director, Jay Edmunds, and the Applicant's representative, Robert L. Aldridge, and no one having testified in opposition 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 AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / K.D. ROOFING 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 July 20, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and 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 July 20, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING • 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 if set forth in full. The property is approximately 4.5 acres in size. The property is located at 1300 South Teare, Meridian, Idaho. 5. The Applicant is Treasure Valley Baptist Church, Inc., an Idaho Corporation located at 1300 South Teare, Meridian, Idaho 83642, and is the record owner of the property, and has filed a written request for annexation and zoning. 6. The property is presently zoned by Ada County as M-I Ada County, and contains 4.5 acres. 7. The Applicant requests the property be zoned (C-G) General Retail and Service Commercial for the 1.102 acres as is more particularly described in Exhibit A- 2 of this document, and (L-O) Limited Office for the 3-.441 acres as is more particularly described in Exhibit A-1 of this document, as defined in §§ 11-2-408 B (11) (7) of the Zoning and Development Ordinance of the City of Meridian. 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 in Timothy Subdivision, Lot 4, Block 1, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING • 10. The present land use of the subject property is vacant, grass covered, land and limited use for recreational purposes by the church. 11. The proposed land use of the subject property is for church parking and recreational use, and a portion to be used as a contractor roofing business at the location as depicted in the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan #I~D-9910. 12. The city limits of the City of Meridian are adjacent and abut on the sides of the subject real property. 13. The land within the proposed annexation area is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 14. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 15. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 16. In order to assure that the affected and subject area will be served adequately by essential public facilities and services, Staff has received the following comments from the political subdivisions providing services within the City of Meridian planning jurisdiction: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / ICD. ROOFING • • 16.1 Ada County Highway District (ACHD) "Site Specific Requirements" set forth in that certain report submitted by Larry Sale, Planning and Development Supervisor, dated June 3, 1999, RE: Staff Level Approval MCUP99-016/AZ-99-007. 16.2 The City of Meridian Planning and Zoning Department and Public Works comments dated June 17, 1999, as follows: 16.2.1 Curb cut needs to be approved by ACHD. 16.2.2 A development agreement is required as a condition of zoning designation. 16.2.3 The proposed L-O parcel should grant an easement for the sewer service line to the proposed C-G parcel. The C-G parcel should grant across-access easement to the L-O parcel. 16.2.4 Applicant shall provide a letter of approval from Sanitary Service Company for the location and construction of the trash enclosure prior to applying for building permits. 16.2.5 All building and parking lot construction shall comply with the Americans with Disabilities Act. 17. 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 following are development considerations which must be taken into account, in order to assure the proposed development is designed, FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / ICD. ROOFING • 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: 18.1 All driveways and parking areas are to be paved in accordance with City Ordinance. Additional landscaping will need to be provided to meet one three-inch caliper tree per 1,500 square feet of asphalt. 18.2 A development agreement is required as a condition of zoning designation. 18.3 A landscape setback of 35 feet beyond required right-of-way is encouraged as Overland Road is an entrance corridor. Landscaping needs to be provided along the entire frontage of the parcel except for the driveway location. 18.4 A screened trash enclosure is to be provided. 18.5 Adjacent residential use needs to be screened from parking lot, etc. 18.6 All outdoor storage of equipment and material needs to be screened from view. If storage area is to be used for parking of vehicles, paving will be needed. 18.7 No signage has been proposed, and none is approved with this application. All signage will be subject to design review. No temporary signs, flags, banners, etc., are permitted. 18.8 All building and parking lot construction shall comply with the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / ICD. ROOFING • • Americans with Disabilities Act. 18.9 Detailed landscape plan needs to be submitted for review and approval that the development be constructed in accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan # I~D- 9910. 19. The applicant requested zoning of the subject real property as (L-O) Limited Office District for the 3.441 acres and (C-G) General Retail and Service Commercial District for the 1.102 acres will be harmonious and compatible with the adjacent developments because the requested conditional use is desirable, as the size of existing church property within the City is becoming inadequate, and additional room for expansion is needed and industrial uses currently exist. The general commercial frontage property is consistent with neighboring commercial properties and industrial uses currently exist. Traffic on Overland Road is such that this is a very desirable location for a local business and industrial uses currently exist. The proposed use for this property is consistent with existing uses in the area and industrial uses currently exist. From Meridian Road east along the north side of Overland Road to beyond this property, several commercial and industrial uses currently exist. 20. The proposed development will serve existing and growing needs and will provide services to surrounding institutional, commercial and residential development. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / ICD. ROOFING • 21. That the proposed zoning designation will be harmonious, compatible and in accordance with the Comprehensive Plan. Of particular relevance are the Economic Development and Land Use sections of the Comprehensive Plan. In the Economic Development section the forecasted needs are that additional land for employment related uses is needed. The Generalized Land Use Map of 1993 designates this area for Mixed/Planned Use Development. This requested use fits very well the definition for Mixed/Planned Uses and the Economic Development Goal Statement. The Land Use section of the Comprehensive Plan contains an objective to encourage Mixed/Planned Uses along the I-84 corridor, which are attractive and compatible with high-volume traffic corridors. The roofing business along Overland Road meets this objective. The business is to be landscaped and fenced in appropriate areas to maintain ahigh-quality visual appearance. 22. The Applicant paid the fee established by the City Council for the application herein submitted. 23. The proposed development and use is allowed in the requested zone with the following additional requirements: conditional use permit and a development agreement as a condition of the rezone and is recommended in accordance with the conditions hereinafter set out. 24. There are no major or scenic features of major importance that affect the consideration of this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / ICD. ROOFING • 25. 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: 25.1 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. 25.2 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. 25.3 The expansion of commercial development is facilitated by the granting of this application subject to the conditions herein set forth. 25.4 The application is consistent with Meridian's self identity. 25.5 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. 25.6 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. 25.7 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / ICD. ROOFING • • 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. 25.8 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. 26. The property can be physically serviced with City water and sewer, if applicant extends the lines. 27. 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 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 Service Planning Area as set forth in the City's Comprehensive Plan. 2. The City 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / K.D. ROOFING • provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title 67, Idaho Code by the adoption of the 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 See Finding of Fact No. 25, which is incorporated herein by this reference. 5. The requested zoning of Limited Office District (I-L) and General Retail and Service Commercial (C-G) is defined in the Zoning Ordinance at 11-2-408 B 7. and 11. as follows: (L-Ol 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 System of the City of Meridian is a requirement in this district. (C G) General Retail and Service Commercial: The purpose of the (C- G) District is to provide for commercial service uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Service FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / ICD. ROOFING • systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that public parking and quasi-public parking and retail stores are listed as permitted as conditional uses in the (L-O) Limited Office District and (C-G) General Retail and Service Commercial District. 7. That the City of Meridian Comprehensive Plan, under LAND USE, Mixed-Use Area at Eagle Road, in 5.16U, states that all development requests will be subject to development review and conditional use permit processing to insure neighborhood compatibility. 8. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and operate any facilities on this parcel of land. 9. 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). 10. 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / ICD. ROOFING • C: 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. 11. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 12. Section 11-2417 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. 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: 1. This application is for annexation and zoning of 4.5 acres. 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 of the parcels described in Exhibit A-1 and Exhibit A-2 respectively as (L-O) Limited Office FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING and (C-G) General Retail and Service Commercial which 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 The conditions of zoning designation recommended to be imposed are as follows: 3.1.1 All driveways and parking areas are to be paved in accordance with City Ordinance. Additional landscaping will need to be provided to meet one three-inch caliper tree per 1,500 square feet of asphalt. 3.1.2 A landscape setback of 35 feet beyond required right-of- way is encouraged as Overland Road is an entrance corridor. Landscaping needs to be provided along the entire frontage of the parcel except for the driveway location. 3.1.3 A screened trash enclosure is to be provided. 3.1.4 Adjacent residential use needs to be screened from parking lot, etc. 3.1.5 All outdoor storage of equipment and material needs to be screened from view. If storage area is to be used for parking of vehicles, paving will be needed. 3.1.6 No signage has been proposed, and none is approved with this application. All signage will be subject to design review. No temporary signs, flags, banners, etc., are permitted. 3.1.7 All building and parking lot construction shall comply with the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / ICD. ROOFING • • 3.1.8 Detailed landscape plan needs to be submitted for review and approval that the development be constructed in accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan # IUD-9910. 3.1.9 Dedicate 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 188. 3.1. lOThere shall be no cross easement for the parcels to the east and north to use the subject parcel for access to the public streets. 3.1.11 Construct a 5-foot wide detached concrete sidewalk within 2-feet of the new right-of-way on Overland Road abutting the side. Coordinate the location, elevation and grade of the sidewalk with District staff. 3.1.12Construct one 24 to 30-foot wide driveway on Overland Road located to align with Retriever Street to the south, approximately 110-feet west of the east property line. Pave the driveway its full required width and at least 30- feet beyond the edge of pavement of Overland Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 3.1.13Locate any proposed gated entry a minimum of 50-feet from a public road. Coordinate the location of any proposed gated entry with District staff. 3.1.14Utility street cuts in the new pavement are not allowed FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / ICD. ROOFING • • unless approved in writing by the District. 3.1.15District policy requires restrictions on the width, number and locations of driveways, and shall be placed on future development of this parcel. 3.1.16Direct lot or parcel access to Overland Road is prohibited other than the access point that has been specifically approved with the application. 3.1.17Curb cut needs to be approved by ACHD. 3.1.18The proposed L-O parcel should grant an easement for the sewer service line to the proposed C-G parcel. The C-G parcel should grant across-access easement to the L-O parcel. 3.1.19Applicant shall provide a letter of approval from Sanitary Service Company for the location and construction of the trash enclosure prior to applying for building permits. 3.1.20A11 building and parking lot construction shall comply with the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / ICD. ROOFING r 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 . ROLL CALL COUNCILMAN RON ANDERSON COUNCILMAN GLENN BENTLEY COUNCILMAN KEITH BIRD COUNCILMAN CHARLIE ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ' ~' G FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING VOTED VOTED VOTED VOTED VOTED • • MOTION: APPRO DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Departm t and City Attorney. By: ~ Dated: ~~'~'~/ City Clerlc y`~,~~~s,+„"""'lrrn,,~~' ~ '~ msgf Z:\Worlc\Nl\Meridian 15360M\Treasure Valley Baptist AZ\CiytCouncilAZFfClorder - 8~~ ~i 9!*.~_ ~f~i .9 T1'8~• •~~ ' - w~\ • ,A`f,~~11i1111Nf ttUtt~,,,~`'``~ FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / ICD. ROOFING EXHIBIT A - 1 r~ Legal Description Of Property for Limited Office (L-O) A parcel of land being described as part of Lot 4, Block 1, of the Timothy Subdivision, as shown on the official plat of record in Book 31 of Plats at page 1923 in the office of the Recorder of Ada County in Boise, Idaho, and being situated in the SE 1/4 of Section 18, T. 3N., R. lE., Boise Meridian and being more particularly described as follows: Commencing at the Southeast corner of said Section 18 from which the South 1/4 corner bears South 89°43' 11" West, 2,649.02 feet; thence South 89°43'11" West, 1,336.64 feet along the section line and center line of Overland Road to a point; thence North 00°28'51" East, 201.00 feet to the POINT OF BEGINNING; thence South 89°43' 11" West, 300.24 feet to a point; thence North 00°26'49" East, 498.80 feet to a point; thence North 89°40'58" East, 300.54 feet to a point; thence South 00°28'51" West, 499.00 feet to the POINT OF BEGINNING. Said parcel contains 3.44 acres, more or less. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / K.D. ROOFING EXHIBIT A - 2 Legal Description Of Property for General Retail and Service Commercial (C-G) A parcel of land being described as part of Lot 4, Block 1, of the Timothy Subdivision, as shown on the official plat of record in Book 31 of Plats at page 1923 in the office of the Recorder of Ada County in Boise, Idaho, and being situated in the SE1/4 of Section 18, T.3N., R.IE., Boise Meridian and being more particularly described as follows: Commencing at the Southeast corner of said Section 18 from which the South 1/4 corner bears South 89°43' 11" West, 2,649.02 feet; thence South 89°43'11" West, 1,336.64 feet along the section line and center line of Overland Road to the POINT OF BEGINNING; thence North 00°28'51" East, 201.00 feet to a point; thence South 89°43' 11" West, 300.24 feet to a point; thence South 00°26'49" West, 201.00 feet to a point; thence North 89°43' 13" East, 300.13 feet to the POINT OF BEGINNING. Said parcel contains 1.39 acres, more or less. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/ TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING • • MERIDIAN CITY COUNCIL MEETING: AUGUST 17 1888 APPLICANT: K.D. ROOFING AGENDA ITEM NUMBER: 10 REQUEST NEXATION 8 20NING TREASURE VALLEY BAPTIST CHURCH 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: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Ail Nbtterials presented at put COMMENTS SEE ATTACHED MINUTES av k~k c~~ meetings shall become property ~ ~~ q` the City Of NI@17a~an. • Meridian City Council Meeting July 20, 1999 Page47 16. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 4.6 ACRES BY TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING-NORTH OF OVERLAND RD, SOUTH OF I-84 & EAST OF TEARE AVE: Corrie: I'll open the public hearing and have staff comments first. Stiles: Mr. Mayor and Council, I don't have a transparency on this. It's for some property that's immediately south of the existing Treasure Valley Baptist Church. It would run from their existing parking lot and their new building south to Overland Road. They're proposing two separate zones. One is the L-O and then there is another that they are proposing C-G. They want to split the .property to have K.D. Roofing have their business there on Overland Road. The next public hearing is for -well 17 should be a public hearing for the conditional use permit for the parking and the recreational uses and the contractor's business. Unfortunately I don't see anyone here to represent the applicant tonight. In light of that I would ask that the public hearing be continued to the next meeting so we can make sure that the applicant is going to be here and be able to present their application. Bird: I understand 17 should be a public hearing too on the conditional use permit? Stiles: Yes, because it's not yet annexed into the City. Corrie: Is there anybody else from the public who wants to enter testimony into the public hearing? See none, yes Mr. Bird. Bird: I move that we continue the public hearing for the request for annexation and zoning of 4.6 acres by Treasure Valley Baptist Church / K.D. Roofing until August 3rd 1999. Bentley: 3rd or 17tn~ Rountree: 17. Bird: She said the next meeting. Corrie: The next meeting would be the 3rd. We have to still - do we have to notify? Bird: This is already a public hearing. Corrie: Yeah, but we need to - the next one is going to be a public hearing and we have to notice it. So we've got to put them together. • Meridian City Council Meeting July 20, 1999 Page48 Bird: Oh, yeah. I change that to August 17t", 1999. Corrie: Is there a second. Bentley: Motion made and second to continue the public hearing on number 16 until August the 17t". Any further comment? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 17. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR CHURCH PARKING, RECREATIONAL USES AND CONTRACTOR'S BUSINESS BY TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING- NORTH OF OVERLAND RD, SOUTH OF I-84 & EAST OF TEARE AVE: Corrie: I'll entertain a motion to do that for the 17t" as well. Bentley: So moved. Rountree: Second. Corrie: Motion made and second that we have the conditional use permit on number 17 noticed for a public hearing for August 17t". Further comments? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 18. DEVELOPMENT AGREEMENT BY MATTHEW & DANITA HARTZ FOR 1990 N. MERIDIAN ROAD: Corrie: We do have that development agreement. Bentley: Is it signed? Corrie: Yes, looks like it. Mr. Clerk, that has been signed. It shows here it has. Any comments or questions on the development agreement, item number 18? Rountree: Mr. Mayor I just ask that staff has any comments? Stiles: No. Corrie: No staff comments, all right. • • MERIDIAN CITY COUNCIL MEETING: JULY 20. 1999 APPLICANT: TREASURE VALLEY BAPTIST CHURCH / K.D. ROOFING AGENDA ITEM NUMBER: 16 REQUEST: ANNEXATION & ZONING OF 4.6 ACRES AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM P & Z SEE ATTACHED LETTER RECEIVED CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: REVIEWED SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: REVIEWED SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: SEE ATTACHED COMMENTS ~~~i ~r+~ c~~' BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning ar~oning Commission June 17, 1999 Page 28 Smith: Mr. Chairman, I would like to make a motion that we continue this public hearing on the request for rezone of 11.4 acres to our July 29th meeting at 6:00. Borup: Do I hear a second? De Weerd: And it will be properly renoticed. Borup: That goes without saying. De Weerd: That's for granted. Borup: It's got to. I'm sorry. This has already been noticed once, so I believe that was Counsel's suggestion that we do renotice it. Gigray: Right because I think the Clerk is going to have to give notice of the matter that isn't set for public hearing which was annexation and zoning designation so I think it would be easy just to include them all. 1 think you ought to do it. Borup: Was that included in that motion? Smith: It is now. De Weerd: I second that. Borup: All in favor? MOTION CARRIED: ALL AYES. Stites: Mr. Chairman, it wilt be quite expensive to renotice and republish alt that. Is that something that we can bill the applicant for? De Weerd: I would think so. 4. ~ PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 4.6 ACRES BY TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING-NORTH OF OVERLAND RD, SOUTH OF I-84 & EAST OF TEARE AVE: Borup: Is the applicant here this evening? I'm sorry t don't think 1 opened the public hearing. I would like to do that right now open the public hearing on the aforementioned application. You may proceed. Aldridge: Thank you. Bob Aldridge - Borup: Did staff have any comment before we proceed? I'm sorry. Meridian Planning an~ning Commission • June 17, 1999 Page 29 Stiles: Mr. Chairman, Commissioners, hopefully you have received our comments that were dated today. We did get these to the applicant at the 11~' hour or the applicant's representative. I really don't have any comment in addition to that. We do ask that our comments be incorporated and those changes be made to the applications. Borup: Thank you. Aldridge: Bob Aldridge, 3300 Falcon Drive, Meridian, Idaho. I representative both the church and Mr. Doty. This is relatively simple and I hope short. Our church has existing property already within the city limits approximately 4.75 acres that lies up against the freeway. This land represents about a 4'h acre piece that lies between that property on out to Overland Road is part of three parcels that were owned by the Dodson family and then after Mrs. Dodson's death are now for sale. The two remaining lots of that to the east of this according to Mr. Allison have been sold and will be commercially developed. What we are proposing to do is use approximately the back three and half acres that lies immediately adjacent to the existing church property initially just for grass area for we'll have a ball diamond on it and picnics and that sort of thing. Eventually will become overflow church parking and perhaps some number of years down the road may even become additional church building but quite a bit in the future. Because of the size of the lot which we had to purchase in one piece, we have arranged with Mr. Doty who is a member of our church to purchase the front one acre of this that immediately adjoins Overland Road and turn that into a small office for its existing business which is a roofing company. So we would have a couple of things that would happen and we've discussed these with staff and they've incorporated to some extent in the terms and conditions and we're fully in agreement I think on them. Number one, there will be an easement that comes across the one acre piece, a business piece, that comes out from the back property. It comes out as far as necessary to hit the parking driveway area and them comes out through the single cut. Because of the requirement that cuts line up with other roads, there's only one spot on this property where they can have the curb cut across from the road cut on the subdivision across Overland Road to the south. So we would have the easement out for that. That would be limited in scope mainly to overflow on Sunday. As you may be aware, Teare Avenue gets somewhat backed up after church services on Sunday. The rest of the time, there's not a problem so that's all it would be used for. Staff has also requested that we give an easement out on temporary basis to the properly to the east if necessary for construction and so forth and that's no problem. Other than that, we have reviewed all of the requirements and we have no problem with any of them. We've had extensive meetings with ACRD and have no problems with anything that they have lined up. The only question I'd have for Shari and that she answered for me when they talked in requirement number 8 about adjacent residential use need to be screened from parking lot etc. My understanding of what that means is that would screen along the westerly line between that property to the west which is about a 4'/z acre or so residential area, a single house. We would screen along the existing building as the building permit was issued for that business part and then at such time as the back part would be developed into parking lot or anything higher, we would then screen at that point in time for that. That was my Meridian Planning an~ning Commission • June 17, 1999 Page 30 understanding of and the answer to that we would have no objections to any of the requirements. I'd be happy to answer any questions. Borup: Commissioners, any questions? De Weerd: I have none at this time. Borup: There is not any information in our packets on the parking lot. Is that correct? The church parking lot? The only thing that I've received is of the office building. Aldridge: Yes, at this time we have no plans for parking lot. It's just grass and we've actually installed grass and have been watering it. The parking lot use will only be down the road if we get to the point where the existing parking isn't adequate. This was purchased as a hedge. As you know that area is developing tremendously and we felt we had to have some future expansion room and so we bought this even though we don't have the current needs. We recently expanded our parking considerably, went through the process here and it's adequate at this time. Borup: And then you did state that all the other staff requirements are either met or will be met and no concerns or problems on those other than item number 8? Aldridge: Yes, that's correct. Borup: I'd like to get a response ftom Shari on that. What was your intention on the - the applicant is assuming on screening the parking lot that that would take place when it actually was a parking lot rather than a lawn area. Was that your intention? Stiles: Yes, they'd have to come in to have the design review with our staff. If there are any problems with it, we may refer it to you. But other than that, we wouldn't expect it to be used even on a temporary basis for parking for overflow days though. Borup: Okay. Aldridge: Yes, that's very acceptable. Borup: Okay, thank you. This is a public hearing. Do we have anyone here that would like to comment on this application? Yes, sir. King: My name is Don King. I live at 1167 E. Shepherd right across the street where they're going to bring the parking lot. I hate to throw mud on the thing, but I think there's a lot of traffic out there and on Sunday there is a tremendous amount of traffic on that road, and with a business coming in, it's awfully hard to get out on my street to get on to Overland Road. In fact the other day, Overland Road was backed up past my street going to Meridian so I know it gets pretty bad. I would like to make one comment. I don't want to - I mean everybody should be able to use the property for what they Meridian Planning and~ning Commission June 17, 1999 Page 31 bought it for as far as I'm concerned, but I would like to make one comment. Whoever drew the map I'm not sure why they got everything on the north side of the interstate when they got nothing on the south side of Overland and that's where hundreds of cars come out of every day out of that subdivision. I feel that they just kind of forgot us I guess on there and that's all my comment is. I'm just not in favor of it. Borup: Thank you. Anyone else? Any questions or comments from the Commissioners? Hearing none, yes, we'd like to give the applicant a chance to have a final response. Aldridge: Yes, I would note that number one, this is not going to increase any traffic. The church has the same traffic and as a matter of fact in the long run we're hoping that on Sunday that we can spread that between these two exits instead of a single. That's part of the bottle neck that is causing the problem. Number two the business isn't open on Sundays as part of the way we can use this as a good exit. So actually this is going to spread use because our heavy usage he's talking about is on Sunday when the business is closed. Number two it's a small roofing business office. It's not what's been going out there coke plant etc. They're not high volume. This is going to be a very low usage in terms of traffic compared to any other use that would be there realistically. Borup: Thank you. Seeing no other comments, I'd like to close the public hearing at this time. Commissioners? Smith: Mr. Chairman, I'd like to make a motion that we close the public hearing. De Weerd: Second. Borup: All in favor? MOTION CARRIED: ALL AYES. Borup: What's your pleasure? I should have made this comment when the applicant was up, but this is something that can handled in staff review I think anyway. I did notice that on the landscape plan it showed a tree that would need to be removed if Overland was widened for future use, which seems - Gigray: Mr. Chairman, if you want to get more information what you should do is entertain a motion to reopen the public hearing to address that particular point. Borup: I was just making a comment. Gigray: I thought you were going to ask the - Borup: No. Meridian Planning an~nning Commission June 17, 1999 Page 32 Gigray: I'm sorry. De Weerd: What was your comment? Borup: The comment was just one of the trees crossed on the line, yeah but that's something that can be handled in staff review the landscaping design I think. tt's not that critical of an item. Smith: It's actually more than one, but - (Inaudible) Borup: I'm sorry, I already close the public hearing. Do we have any other motions or discussion? De Weerd: No discussion. Smith: I apologize, I didn't hear the gentleman's testimony, but it was primarily a traffic concern nothing else? Borup: Yes. Well that was my understanding that he was concerned about the traffic that is generated. Smith: Then Mr. Chairman, I would like to make a motion that we recommend to City Council approval of this request for annexation and zoning 4.6 acres by Treasure Valley Baptist Church and K.D. Roofing. De Weerd: Second. Borup: I have a motion and a second. All in favor? MOTION CARRIED: ALL AYES. 5. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR CHURCH PARKING, RECREATIONAL USES AND CONTRACTOR'S BUSINESS BY TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING-NORTH OF OVERLAND RD, SOUTH OF I-84 & EAST OF TEARS AVE: Borup: We do have a condtional for item number five, which is a church parking, recreational uses and contractor's business by Treasure Valley Baptist Church and K.D. Roofing. This same project that we just discussed on the annexation and zoning. Shari, do you have any comments on this item other than what you've - Mayor ROBERT D. CORRIE Council Mem r CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD MEMORANDUM: • HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208)884-4264 CITY OF MERIDIAN PUBLIC WORKS 33 EAST IDAHO ~~ ~ ' ~[ ~', j!~.[ '~j GILDING DEPARTMENT MERIDIAN, IDAHO 83642 ~' 1 ~ ~ ~ (2os~ 887-22I I Phone (208) 888-4433 • Fax (208) 887-4813 ~ ^' ~~ i(~6i' PLANNING AND ZONING J ~ N ~ ~ `JJJ DEPARTMENT. (208)884-5533 Ci t~- r,f _tic~ri.' iriJ~ ~'if_y Clerk tsti'ic~~ June 17, 1999 To: Planning & Zoning Commission/Mayor and City Council From: Bruce Freckleton, Assistant to City En ineer Shari Stiles, P&Z Administrator ~~ Re: Request for Annexation and Zoning of 3.441 Acres to L-O and 1.102 Acres to C-G by Treasure Valley Baptist Church We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: SITE SPECIFIC REQUIREMENTS: 1. Curb cut needs to be approved by ACRD. 2. All driveways and parking areas are to be paved in accordance with City Ordinance. Additional landscaping will need to be provided to meet one three-inch caliper tree per 1,500 square feet of asphalt. 3. A development agreement is required as a condition of annexation 4. As two separate zones are being requested, two separate legal descriptions must be submitted. These legal descriptions must be tied to government corners, not subdivision lot corners and shall include half of the right-of--way of Overland Road. 5. T'he proposed L-O parcel should grant an easement for the sewer service line to the proposed C-G parcel. The C-G parcel should grant across-access easement to the L-O parcel. 6. A landscape setback of 35 feet beXond required r' t-of-way is encouraged as Overland Road is an entrance corridor. Landscaping needs to be provided along the entire frontage of the parcel except for the driveway location. 7. A screened trash enclosure is to be provided. Applicant to provide a letter of approval from Sanitary Service Company for the location and construction of the trash enclosure prior to applying for building permits. CUP-99-016 AZ-99-007 TVBC-KDRooSng.RZ.CUP ~ ~ ~r~ ~'=~ VL1~ J ~,~ ~1 ~ ~ 1999 P&Z Commission/Mayor & Council C ~ t t; , f _~, T ~ r; -? ~ an June 17, 1999 Citti ±:;1erh:ii'fice Page 2 g. Adjacent residential use needs to be screened from parking lot, etc. 9. All outdoor storage of equipment and material needs to beesdcedened from view. If storage area is to be used for parking of vehicles, paving will be ne 10. No architectural details, elevations or construction materials were provided. 11. No signage has been proposed, and none is approved with this application. All signage will be subject to design review. No temporary signs, flags, banners, etc., are permitted. 12. All building and parking lot construction shall comply with the Americans with Disabilities Act. 13. Revise site plan to show centerline of Overland Road. 14. Detailed landscape plan needs to be submitted for review and approval. CUP-99-011 1•VBC-KDRoofing.RZ•CUP • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE LEGAL DEPARTMENT A Good Place to Live (208) 884-4264 council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILD?NG DEPARTMENT (_08)887-__II GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-481 1~ ~ ± ~ 1 ~ j V~ pNING AND ZONING Ph n RON ANDERSON o e DEPARTMENT KEITH B[RD lul !~}{' i ~ 199C; (208) 88J-5533 _ l Ci ,v <~f :~3<~r; aian t TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 10, 1999 TRANSMITTAL DATE: May 12,-1999 HEARING DATE: June 17, 1999(:0~'r~~-~ FILE NUMBER: AZ-99-007 REQUEST: ANNEXATION & ZONING OF 4.6 ACRES BY: TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD, SOUTH OF I-84 & EAST OF TEARE AVE _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: • HUB OF TREASURE VALLEY • Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) gg.I_a~by Souncil Members CITY OF MERIDIAN PUBLIC WORKS BUILDING DEPARTIv1ENT CHARLES ROUNTREE 33 EAST IDAHO 1208) gg~_221 ~ GLENN BENTLEY MERIDIAN, IDAHO 83642 ~ ~ ~' V r ^ Phone (208) 888-4433 • Fax (208) 887 C~`. JgNNING AND ZONING RON ANDERSON DEPARTMENT KEITH BIRD MAY 1 0 1999 (208) 88a-5533 City of Meridian City Clerk 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: June 1 1999 TRANSMITTAL DATE: May 6 1999 HEARING DATE: June 8. 1999 FILE NUMBER: AZ-99-007 REQUEST: ANNEXATION AND ZONING OF 4.6 ACRES BY: TREASURE VALLEY BAPTIST CHURCH LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD SOUTH OF I-84 & EAST OF TEARE AVE _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEX`ATION) YOUR CONCISE REMARKS: J ~ /~~~ Sri r/~-/ ~~~ -e lJo~s iva 1` N/u,a }c. rob/~~ ~~ w ~2 . • HUB OF TREASURE VALLEY Mayor A Good Place to Live LEGAL DEPARTMENT (20g) gg~-.~~~ ROBERT D. CORR~ b C il M CITY OF MERIDIAN PUBLIC WORKS em ers ounc CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208)887-'2ll GLENN BENTLEY MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZUNING RON ANDERSON DEPARTMENT KEITH BIRD (208) 88~-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 1 1999 TRANSMITTAL DATE: May 6 1999 HEARING DATE: June 8, 1999 FILE NUMBER: AZ-99-007 REQUEST: ANNEXATION AND ZONING OF 4.6 ACRES BY: TREASURE VALLEY BAPTIST CHURCH LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD SOUTH OF I-84 & EAST OF TEARE AVE _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MAY 1 0 1999 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 RECLAMp,TION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: /vim l7l ti'"'4''^'~T (,,~,~,~ ~~r, ~~ ~~:_ S ~- Ada Countv Highway District Sherry R. Huber, President 318 East 37th Street Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6280 Dave Givens, Commissioner Fax (208) 387-6289 Susan S. Eastlake, Commissioner a-mail: tellus achd.ada.id.us June 3,1999 Robert Aldridge Treasure Valley Baptist Church 1209 N. 8th Street Boise, ID 83702 ~G~~ JUN - 7 1999 ~'ITY OF ':VI~F~i~IA'~ Re: Staff Level Approval MCUP99-016/AZ-99-007 1300 S. Teare Business, church parking Facts and Findings: A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting conditional use approval to construct a roofing business, and church parking and recreational activities. The applicant is also requesting annexation from Ada County to Meridian City, and a rezone from M-1 to LO and C-G. The 4.5-acre site is located on the north side of Overland Road approximately one half-mile east of Meridian Road. This development is estimated to generate 140 additional 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 May 6, 1999, and submitted to the District on May 13, 1999, have been reviewed by the ACRD Planning and 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 ACRD 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. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate 48-feet ofright-of--way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of--way dedicated as an addition to existing right-of--way from available impact fee revemies in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 1 AAALTR.LE Page 1 • • 2. Provide a recorded cross access easement for the parcels to the east and north to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 3. Construct a $-foot wide detached concrete sidewalk within 2-feet of the new right-of--way on Overland Road abutting the side. Coordinate the location, elevation and grade of the sidewalk with District staff. 4. Construct one 24 to 30-foot wide driveway on Overland Road located to align with Retriever Street to the south, approximately 110-feet west of the east property line. Pave the driveway its full required width and at least 30-feet beyond the edge of pavement of Overland Road and install pavement tapers with 1$-foot radii abutting the existing roadway edge. $. Locate any proposed gated entry a minimum of $0-feet from a public road. Coordinate the location of any proposed gated entry with District staff. 6. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. 7. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 8. Other than the access point specifically approved with this application, direct lot or parcel access to Overland Road is prohibited. Standard Requirements: 1. This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 1$ calendar days from the date of this report. T - r ~~est shall ~ne~ifically id n i y eac ~a~ould result in a subctan ial h rdshi op r ine4uity. 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 ofthe Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall ~necifically - i ~as_h r~4 ~irement to be recon idered and include written documentation nT nara rn~i ~ ~., ~iut d. a;lable to the Commission at the time of it's orteinal decision. 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. 1 AAALTR.LE 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 rules, 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 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 undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACRD Planning and Development staff at 387-6170. Sinc y, arty S lanni and Development Supervisor cc: Project file Lead agency 1AAALTR.LE Page 3 OOSL't-t M'I{d'OIIV~'3SI0a''QI1 QNY7II3A0 66IS . .LJ~lIHJZId ,L2IdM~,LS 'O .L2I~II02I 7_ J lC 3 u T ~~ ~ x SO a~ ~' 0 F SLLL-L88 'Hd JNIdOOd 'Q'~ dOd JNIallfl8 f ' ~ I.... ._ I~ ~.`, 1 -~ v ~ ui yr~ v 1 V Q U. J ~[ ~ 7 F• ~ J YI Q I O ll K (~ + e ~ ~ o d yJ b Z ~ LL O CI P 1 _ ~ v ~ ~ l7 s a' ~ d Q ~~ ~ ~ o ~ __ o0 e~} nOi9~ ~ eo'i 96 70 l~ ull,. F9•a ( v~ riJ~ <7 rl -f C1 a el bl~u ,9 >s~u p '`' of R. op; ~ ~u ~Ivf ~l•ul ~ W o l71( I ~ co•o%i : ~ ~JII.V -~_ l I '>>, H l 1 i _. -ir Z a J a' W H ~~ :YZ i~o~ NI Y1 o ~ au c0 1 .105 ~v~l o r- -• N .• ii ~~ / .1 ., ~- u d' ' 91 ,~ c a ~ ~ ~ ul ~ Q %J ~ . i ~~ 7 O el K1 J .1 1 ~ F L' el 7 1' -'1 IO i 1 1 1 4. 1- NI ! 1 d (/ (/ ~ » •( 1. V.U~ ~(~~ u1Nlq Av a i ~ n v S -/ V 1• ~ pa CI ~ V (J F V' ni ;~~ E ~~ r• ~ 1 U ~Y1~ I1 C1n na- ZGII=-V 7~ti ~: I ! O ~ W O 1} J W J j ~ `^ d ~1 ~ a v H O x Q J RI d ~ V. ~ ti YI Q U . j ~' J ~ 2 Z ~ ~~ ~ ~ ul ~ ~ ~ a o. p ~ ~, o gj i 0 7 n O ~ ~ ~ O (7 Q m U Z G v .. G ~~ >- F C~ ~_ E~ C .a n F G F C c. G oG 0. H u ca n L.^ ~-+- F t a ~ ~ L t i u av ~61sp r J • y J (i-` ~ ~..ri1 MAY 2 4 1999 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, aty Clerk City ~ Meridian 33 East Idaho Meridian, ID 83642 Re: AZ-99-007 Annexation and Zoning for Treasure Valley Baptist Church Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln Cc: File -Shop File -Office Water Superintendent /~ CITE ~I~ ~ii~.1'6J,1ty°lo° ~~ ~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 19 May 1999 Meridian Planning and Zoning Commission C/O Meridian City Clerk 6-15- 99 /~~1~i~ V }; ,l i~ ~~ J U N i ~ 1999 r~ity ~~iQrk G~ili~.:.: Dear Sirs, Please accept this letter as my testimony concerning the annexation hearing of KD Roofing and Treasure Valley Baptist Church. I have spoken with Kendell Doty of KD Roofing and studied the site plans for the propose project and have but a few concerns. First is the trash Dumpster. Although the prevailing winds will blow garbage onto his own lawn area, I would recommend an auxiliary covered fence in that matter. Second Weed control on the fill area surrounding the proposed slatted fence. I have seen Mr. Doty's personal property and I would expect he'd maintain his business site with the same high standard. Last, water lines right of way. The site plan shows the water line going towards the easement described in instrument no. 597317. At "NO TlN1E" will proposed water line interfere or interrupt irrigation access. The final matter is not up for negotiation. Now to the issue of TVBC parking and play ground. Past experience has led to the realization that TVBC really does not comprehend a neighbor not being transcended into a state of nirvana after being caught in one of their headlights in his own backyard or kitchen. In other words, it's a nuisance. With this in mind, I would expect that a retainer fence and barrier shrubs be part of this zoning contingency. Further more any added lighting should be directional and baffied from surrounding properties. The use of voice amplification should not even be considered and Ada County Noise Ordnance and Speed Limits should be strictly enforced. Sincere / /~ ~~ ~ . ~~~. t-~ ~c- ~-~=-~ - y ~y Edm ds 1500So. Teare Ave. Meridian, Id. 83642 ~J • BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) APPLICATION OF TREASURE ) VALLEY BAPTIST CHURCH / ) I.D. ROOFING, THE ) APPLICATION FOR ) ANNEXATION AND ZONING ) OF 4.9 ACRES, MERIDIAN, ) IDAHO ) Case No. AZ-99-007 FINDINGS AND RECOMMENDATION FOR APPROVAL OF ANNEXATION AND ZONING REQUEST SUBJECT TO DEVELOPMENT AGREEMENT The above entitled annexation and zoning application having come on for public hearing on June 17, 1999, at the hour of 6:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing on behalf of the Applicant, Treasure Valley Baptist Church, Inc., was Robert L. Aldridge, having appeared and testified and Don Ding having testified in opposition, and the Commission having duly considered the evidence and the record in this matter therefore makes the following Findings and Recommendations: FINDINGS 1. The Commission takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, FINDINGS AND RECOMMENDATION FORAPPROVAL - 1 OF ANNEXATION AND ZONING / TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING • and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map and the Ada County Zoning Ordinance. 2. The owner has filed written request for annexation and zoning. 3. The subject real property is contiguous or adjacent to the City boundaries and lies within the Area of City Impact. 4. The subject real property is within the Meridian Urban Service Planning Area as set forth in the Comprehensive Plan. 5. Staff has complied with the requirements of I.C. §§ 67-6509 and 67- 6511 and § § 11-2-416E and 11-2-417A. 6. The Applicant is Treasure Valley Baptist Church, Inc., an Idaho Corporation located at 1300 South Teare, Meridian, Idaho 83642, whose telephone number is (208) 888-4545. 7. The legal description of the property is as follows: A parcel of land being Lot 4, Block 1, of the Timothy Subdivision as shown on the Official Plat of Record in Book 31 of Plats at page 1923 in the office of the Recorder of Ada County in Boise, Idaho, and more particularly described as follows: Beginning at a 1/z" iron pin marking the Northwest corner of said Lot 4, Block 1; thence along the Northerly boundary of Lot 4, North 89°40'58" East, 300.54 feet (formerly described as North 89°44' 18" East, 300.00 feet) to a found 1/2" iron pin marking the Northeast corner of said Lot 4; thence leaving said Northerly boundary of said Lot 4, South 00°28'51" West, 660.00 feet (formerly described as South 00°28'51" East, 660.00 feet) along the Easterly boundary of said lot to a found 1/z" iron pin marking the Southeast FINDINGS AND RECOMMENDATION FOR APPROVAL - 2 OF ANNEXATION AND ZONING / TREASURE VALLEY BAPTIST CHURCH / K.D. ROOFING • corner of said lot; thence South 89°43' 11" West, 300.15 feet (formerly described as South 89°44' 18" West, 300.00 feet) along a line being 40.00 feet Northerly and parallel to the center line of Overland Road to a found 1/z" iron pin marking the Southwest corner of said Lot 4; thence North 00°26'49" East, 659.80 feet (formerly described as North 00°28'51" East, 660.00 feet) along the Westerly boundary of said lot to the point of beginning. Said parcel contains 4.55 acres, more or less. 8. The present land use of the subject property is vacant, grass covered, land and limited use for recreational purposes by the church. 9. The proposed land use of the subject property is for church parking and recreational use, and a portion to be used as a contractor roofing business at the location as depicted in the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan #I~D-9910. 10. The present zoning district of the subject property is Ada County M-1. 11. The proposed zoning district of the subject property is (L-O) Limited Office District for the 3.441 acres and (C-G) General Retail and Service Commercial District for the 1.102 acres as defined in §§ 11-2-408 B (7) and (11) of the Zoning and Development Ordinance of the City of Meridian. 12. The zoning requested for the development of the subject property as (L- O) Limited Office District for the 3.441 acres and (C-G) General Retail and Service Commercial District for the 1.102 acres will be harmonious and compatible with the FINDINGS AND RECOMMENDATION FORAPPROVAL - 3 OF ANNEXATION AND ZONING / TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING • adjacent developments because the requested conditional use is desirable, as the size of existing church property within the City is becoming inadequate, and additional room for expansion is needed and industrial uses currently exist. The general commercial frontage property is consistent with neighboring commercial properties and industrial uses currently exist. Traffic on Overland Road is such that this is a very desirable location for a local business and industrial uses currently exist. The proposed use for this property is consistent with existing uses in the area and industrial uses currently exist. From Meridian Road east along the north side of Overland Road to beyond this property, several commercial and industrial uses currently exist. 13. That the proposed zoning designation will be harmonious, compatible and in accordance with the Comprehensive Plan. Of particular relevance are the Economic Development and Land Use sections of the Comprehensive Plan. In the Economic Development section the forecasted needs are that additional land for employment related uses is needed. The Generalized Land Use Map of 1993 designates this area for Mixed/Planned Use Development. This requested use fits very well the definition for Mixed/Planned Uses and the Economic Development Goal Statement. The Land Use section of the Comprehensive Plan contains an objective to encourage Mixed/Planned Uses along the I-84 corridor, which are attractive and compatible with high-volume traffic corridors. The roofing business FINDINGS AND RECOMMENDATION FOR APPROVAL - 4 OF ANNEXATION AND ZONING / TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING • along Overland Road meets this objective. The business is to be landscaped and fenced in appropriate areas to maintain ahigh-quality visual appearance. 14. The Applicant paid the fee established by the City Council for the application herein submitted. 15. The land subject to the application is intended to be developed in accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan #I~D-9910. 16. The proposed development and use is allowed in the requested zone with the following additional requirements: conditional use permit and a development agreement as a condition of the rezone and is recommended in accordance with the conditions hereinafter set out. 17. The following are development considerations which must be taken into account in order to assure that 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 insure that the proposed use will not change the essential character of the affected vicinity/area and will insure that the proposed use will not be hazardous or disturbing to the existing or future neighboring uses, and in particular considering the impact of the proposed development potential to produce excessive traffic, noise, smoke, fumes, glare or odors: FINDINGS AND RECOMMENDATION FORAPPROVAL - 5 OF ANNEXATION AND ZONING / TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING • • 17.1 All driveways and parking areas are to be paved in accordance with City Ordinance. Additional landscaping will need to be provided to meet one three-inch caliper tree per 1,500 square feet of asphalt. 17.2 A development agreement is required as a condition of annexation. 17.3 A landscape setback of 35 feet beyond required right-of--way is encouraged as Overland Road is an entrance corridor. Landscaping needs to be provided along the entire frontage of the parcel except for the driveway location. 17.4 A screened trash enclosure is to be provided. 17.5 Adjacent residential use needs to be screened from parking lot, etc. 17.6 All outdoor storage of equipment and material needs to be screened from view. If storage area is to be used for parking of vehicles, paving will be needed. 17.7 No signage has been proposed, and none is approved with this application. All signage will be subject to design review. No temporary signs, flags, banners, etc., are permitted. 17.8 All building and parking lot construction shall comply with the Americans with Disabilities Act. 17.9 Detailed landscape plan needs to be submitted for review and approval that the development be constructed in accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan # I~D- 9910. 18. In order to assure that the affected and subject area will be served adequately by essential public facilities and services, Staff has received the following comments from the political subdivisions providing services within the City of Meridian planning jurisdiction: 18.1 Ada County Highway District (ACRD) "Site Specific Requirements" set FINDINGS AND RECOMMENDATION FORAPPROVAL - 6 OF ANNEXATION AND ZONING / TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING • forth in that certain report submitted by Larry Sale, Planning and Development Supervisor, dated June 3, 1999, RE: Staff Level Approval MCUP99-016/AZ-99-007 . 18.2 The City of Meridian Planning and Zoning Department and Public Works comments dated June 17, 1999, as follows: 18.2.1 Curb cut needs to be approved by ACRD. 18.2.2 A development agreement is required as a condition of annexation. 18.2.3 The proposed L-O parcel should grant an easement for the sewer service line to the proposed C-G parcel. The C-G parcel should grant across-access easement to the L-O parcel. 18.2.4 Applicant shall provide a letter of approval from Sanitary Service Company for the location and construction of the trash enclosure prior to applying for building permits. 18.2.5 All building and parking lot construction shall comply with the Americans with Disabilities Act. 19. The natural or scenic feature(s) of major importance affected by this application are: none. 20. The subject property is within the Area of Impact and within the boundaries of the Meridian Urban Service Planning Area as designated on the Comprehensive Plan Map. 21. The following is the identification of and a summary of the comment received by persons having an interest in real property which may be adversely affected by the application: concern over added traffic and lights from vehicles, trash FINDINGS AND RECOMMENDATION FORAPPROVAL - 7 OF ANNEXATION AND ZONING / TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING • • dumpsters, weed control and water line right-of-way for irrigation, which the Commission finds can be adequately provided for by the conditions of zoning designation herein recommended for the proposed rezone. RECOMMENDATIONS The Planning and Zoning Commission hereby recommends to the City Council the granting of the annexation and zoning- designation, subject to conditions of the zoning designation. 2. The Planning and Zoning Commission recommends the zoning of the 3.441 acres to (L-O) Limited Office District and of the 1.102 acres to (C-G) General Retail and Service Commercial as defined §§ 11-2-408 B (7) and (11) of the Zoning and Development Ordinance of the City of Meridian, subject to the following: 2.1 The Applicant enter into a development agreement which provides for the special conditions hereinafter set forth. 2.2 The conditions of zoning designation recommended to be imposed are as follows: 2.2.1 All driveways and parking areas are to be paved in accordance with City Ordinance. Additional landscaping will need to be provided to meet one three-inch caliper tree per 1,500 square feet of asphalt. 2.2..2 A landscape setback of 35 feet beyond required right-of- way is encouraged as Overland Road is an entrance corridor. Landscaping needs to be provided along the entire frontage of the parcel except for the driveway location. 2.2..3 A screened trash enclosure is to be provided. FINDINGS AND RECOMMENDATION FORAPPROVAL - 8 OF ANNEXATION AND ZONING / TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING • • 2.2..4 Adjacent residential use needs to be screened from parking lot, etc. 2.2..5 All outdoor storage of equipment and material needs to be screened from view. If storage area is to be used for parking of vehicles, paving will be needed. 2.2.6 No signage has been proposed, and none is approved with this application. All signage will be subject to design review. No temporary signs, flags, banners, etc., are permitted. 2.2.7 All building and parking lot construction shall comply with the Americans with Disabilities Act. 2.2.8 Detailed landscape plan needs to be submitted for review and approval that the development be constructed in accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan # IUD-9910. 2.2.9 Dedicate 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an 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. 2.2.lOProvide a recorded cross access easement for the parcels to the east and north to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 2.2.11 Construct a 5-foot wide detached concrete sidewalk within 2-feet of the new right-of-way on Overland Road abutting the side. Coordinate the location, elevation and grade of FINDINGS AND RECOMMENDATION FORAPPROVAL - 9 OF ANNEXATION AND ZONING / TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING • • the sidewalk with District staff. 2.2.12Construct one 24 to 30-foot wide driveway on Overland Road located to align with Retriever Street to the south, approximately 110-feet west of the east property line. Pave the driveway its full required width and at least 30- feet beyond the edge of pavement of Overland Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 2.2.13Locate any proposed gated entry a minimum of 50-feet from a public road. Coordinate the location of any proposed gated entry with District staff. 2.2.14Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 2.2.15District policy requires restrictions on the width, number and locations of driveways, and shall be placed on future development of this parcel. 2.2.16Direct lot or parcel access to Overland Road is prohibited other than the access point that has been specifically approved with the application. 2.2.17Curb cut needs to be approved by ACHD. 2..2.18The proposed L-O parcel should grant an easement for the sewer service line to the proposed C-G parcel. The C-G parcel should grant across-access easement to the L-O parcel. 2..2.19Applicant shall provide a letter of approval from Sanitary Service Company for the location and construction of the trash enclosure prior to applying for building permits. 2..2.20A11 building and parking lot construction shall comply with the Americans with Disabilities Act. FINDINGS AND RECOMMENDATION FOR APPROVAL - 10 OF ANNEXATION AND ZONING / TREASURE VALLEY BAPTIST CHURCH / ICD. ROOFING • L' By action of the Planning and Zoning Commission at its special meeting and public hearing held in this matter on June 17, 1999. Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: City Clerk Dated: msg/Z:\Work\M\Meridian 15360M\Treasure Valley Baptist AZ\FFCLS.AZ FINDINGS AND RECOMMENDATION FOR APPROVAL - 11 OF ANNEXATION AND ZONING / TREASURE VALLEY BAPTIST CHURCH / I.D. ROOFING ~ ~ interoffice MEMORANDUM To: From: Subject: File No.: Date: William G. Berg, Jr Wm. F. Gigray, III TREASURE VALLEY BAPTIST CHURCH AZ FINDINGS/RECOMMENDATION AZ-99-007 June 18, 1999 Will: /!/ V~ /L( J U L 1 6 1999 Please find attached the original FINDINGS AND RECOMMENDATION FOR APPROVAL OF ANNEXATION AND ZONING REQUEST SUBJECT TO DEVELOPMENT AGREEMENT, pursuant to action of the Council at their July 6, 1999, meeting. The Findings/Recommendation is set on the Council's agenda for their July 20, 1999, meeting. Please note that I have not forwarded the Development Agreement or the Ordinance as I am awaiting the correct legals for the L-O (3.441 acres) and the C- G (1.102 acres) for insertion into these documents. Please serve copies of both documents upon the Applicant, Pubic Works and Planning and Zoning, if Council approves the Findings/Recommendations. If you have any questions please advise. msg/Z:\Worlc\M\Meridian 15360M\Treasure Valley Baptist AZ\CIkFFandRecfrmPandZ.ltr ~~.u.g~ Engineers Surveyors Planners Project: 11454-01 Date: July 28, 1999 Revised: August 16, 1999 ~~ ~~~ ~~ 1 l 1 ~~~ Tom. ~ I b >~ ~~ PARCEL DESCRIPTION OF THE NORTHERLY PORTION OF LOT 4, BLOCK 1 A parcel of land being described as part of Lot 4, Block 1, of the Timothy Subdivision, as shown on the official plat of record in Book 31 of Plats at page 1923 in the office of the Recorder of Ada County in Boise, Idaho, and being situated in the SE'/a of Section 18, T.3N., R.1 E., Boise Meridian and being more particularly described as follows: .Commencing at the Southeast corner of said Section 18 from which the South'/a corner bears South 89°43' 11 "West, 2, 649.02 feet; thence South 89°43'11" West, 1,336.64 feet along the section line and center line of Overland Road to a point; thence North 00°28'51" East, 201.00 feet to the POINT OF BEGINNING; thence South 89°43' 11 " West, 300.24 feet to a point; thence North 00°26'49" East, 498.80 feet to a point; thence North 89°40'58" East, 300.54 feet to a point; thence South 00°28'51" West, 499.00 feet to the POINT OF BEGINNING. Said parcel contains 3.44 acres, more or less. END OF DESCRIPTION RMH:Ihp k':'' ~ Ronald M. Hodge, P.L.S. f:\projects\11454\desc\legal3:doc Prepared by: J-U-B ENGINEERS, Inc. a 8575 ~~ v~, ~~/G~J`~1~ 9Q,~rE pp 1OQ'~~i ~iglD : ~.11Y~ ~s L`~~ ~~.u.B~ Engineers Surveyors Planners Project: 11454-01 Date: July 28, 1999 Revised: August 16, 1999 `J PARCEL DESCRIPTION FOR FUTURE RIGHT-OF-WAY OF A PORTION OF LOT 4, BLOCK 1, A parcel of land being described as part of Lot 4, Block 1, of the Timothy Subdivision, as shown on the official plat of record in Book 31 of Plats at page 1923 in the office of the Recorder of Ada County in Boise, Idaho, and being situated in the SE ~/a of Section 18, T.3N., R.1 E., Boise Meridian and being more particularly described as follows: Commencing at the Southeast corner of said Section 18 from which the South'/a corner bears South 89°43' 11 " West, 2,649.02 feet; thence South 89°43'11" West, 1,336.64 feet along the section line and center line of Overland Road to a point; thence North 00°28'51" East, 40.00 feet to the POINT OF BEGINNING; thence South 89°43' 11 "West, 300.15 feet to a point; thence North 00°26'49" East, 8.00 feet to a point; thence North 89°43'11" East, 300.15 feet to a point; thence South 00°28'51" West, 8.00 feet to the POINT OF BEGINNING. Said parcel contains 0.6 acres or 2,401.21 square feet, more or less. END OF DESCRIPTIQN Prepared by: J-U-B ENGINEERS, Inc. ~D 85~75 ~+ g// 6/99 ~'T~ OF ~O~~~~i ~~ ilw. ~~ RMH:Ihp Ronald M. Hodge, P.L.S. f:\projects\11454\desc\legal2.doc ~s t~ «~ interoffice MEMORANDUM To: Shari Stiles, Planning and Zoning Administrator .1 U L - 8 1999 CITE OF 1i~;Y~II~L~'~ Gary Smith, Public Works William G. Berg, Jr., City Cler 1 From: Wm. F. Gigray, III Subject: TREASURE VALLEY BAPTIST CHURCH AZ Date: July 8, 1999 Shari, Gary and Will: As a result of the action taken at the Planning and Zoning Commission's special meeting held on June 17, 1999, I have prepared the Findings and Recommendation For Approval Of Annexation and Zoning Request Subject To Development Agreement, Development Agreement, Resolution, Certificate of Clerlc, AZ Ordinance and the Findings and Recommendation For Approval Of Conditional Use Permit. I cannot complete the AZ Ordinance, or attach the Exhibit "A" to the Development Agreement, until I have the correct legals for the 3.441 acres for the L- OLimited Office and the 1.102 acres for the C-G General Retail and Service Commercial, for this proposed property zoning designation. The legals* should have been supplied at the time the application was filed prior to its being processed. *I request the Planning and Zoning Department to please note that applications are not complete until the correct legals) for the annexations and zoning or re-zone have been supplied. This is important in order to draft the ordinance of annexation and zoning. If you have questions please advise. msg/Z:\WorldM\Meridian 15360M\PLANNING AND ZONING FILE\StilessmithBergMemo070799 ~ ~_ MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 17. 1998 __ APPLICANT: TREASURE VALLEY BAPTIST CHURCH AGENDA ITEM NUMBER: 4 REQUEST: ANNEXIATION 8~ ZONING OF 4.9 ACRES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS C/~'~ ~~ US WEST: ~~' INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. a~°" ~. ~G?~'`~ b~~~r 336 -9 $~Z