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HomeMy WebLinkAboutTreasure Valley Baptist Church CUPTRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 10 1999 TRANSMITTAL DATE: May 11 1999 HEARING DATE: June 17, 1999 FILE NUMBER: CUP -99-016 REQUEST: CONDITIONAL USE PERMIT FOR CHURCH PARKING RECREATIONAL USES AND CONTRACTOR'S BUSINESS BY: TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD, SOUTH OF 1-84 & 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) 884-4264 CITY OF MERIDIAN PUBLIC WORKS Council Members BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING RON ANDERSON DEPARTMENT KEITH BIRD (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 10 1999 TRANSMITTAL DATE: May 11 1999 HEARING DATE: June 17, 1999 FILE NUMBER: CUP -99-016 REQUEST: CONDITIONAL USE PERMIT FOR CHURCH PARKING RECREATIONAL USES AND CONTRACTOR'S BUSINESS BY: TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD, SOUTH OF 1-84 & 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: ITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT RW-E1vED MAY 0 6 1999 CI'1'j ()) ME' IDIAN p & NING ti 01(0 NAME: NAME: Treasure Valley Baptist Church, _PHONE: 336-9880 c/o Robert L. Aldridge ADDRESS: 1209 N. 8th Street, Boise ,IQ 8370.2_ GENERAL LOCATION Fact of Meridian Rd_ on Overland Rd., Lot 4, Blkl, Timothy Subd. DESCRIPTION OF PROPOSED CONDITIONAL USE: Part church parking a n d recreational uses and part contractor's business ZONING CLASSIFICATION: Part L-0 and Part C -G I certify that the infornsation LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian PWH14 and Zoning Corr>Brission will hold a Public Hearing in the Meridian City Hall on at —.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by the property generally -described as located at SUBDIVISION, BLOCK , LOT TO for 0 i Supplemental Information to Application for Conditions Use Permit 1. Applicant: Treasure Valley Baptist Church, c/o Robert L. Aldridge 1209 N. 8" St. Boise, ID 83702 Phone - (208) 336-9880 2. Owner: Treasure Valley Baptist Church, 1300 So. Teare Meridian, ID 83642 Phone - (208) 888-4545 3. Legal description: Lot 4 in Block 1 of Timothy Subdivision, according to the plat thereof filed in Book 31 of plats at page 1923, amended by affidavit recorded under instrument, No. 7704108, records of Ada County, Idaho. 4. Proof of ownership (Warranty Deed) attached. 5. Presently the land is grass covered and is used in a limited way for recreation by the Church. 6. The land is presently vacant. 7. Following annexation approval, a boundary line adjustment will be requested. The boundary line adjustment will accomplish consolidating the Church property into one parcel and create a smaller (approx. 1 acre) parcel with frontage on Overland Road. The Church plans to use the additional space for additional parking, recreational activities and future expansion. The parcel fronting Overland Road is planned to be used as a roofing business. 8. This property is currently in Ada County and is zoned M-1. 9. Thirty copies of a vicinity map are enclosed. 10. Thirty-five copies of the site plan, an 81/2" x 11" copy of the site plan showing elevations and a construction materials list are enclosed. 11. Mailing addresses have been requested. 12. The requested conditional use is desirable because the size of existing church property within the City is becoming inadequate and additional room for expansion is needed. The general commercial frontage property is consistent with neighboring commercial properties. Traffic on Overland Road is such that this is a very desirable location for a local business. The proposed use for this property is consistent with existing uses in the area. From Meridian Road east along the north side of Overland Road to beyond this property, several commercial and industrial uses currently exist. The proposed use is also compatible with the City of Meridian Comprehensive Plan. Of particular relevance are the Economic Development and Land Use sections of the Comprehensive Plan. In the Economic Development section the forecasted needs are that additional land for employment related uses is needed. The Generalized Land Use Map of 1993 designates this area for Mixed/Planned Use Development. This requested use fits very well the 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 will be landscaped and fenced in appropriate areas to maintain a high-quality visual appearance. 13. Proper fees are enclosed. 14. The users of the property hereby agree to pay any additional sewer, water or trash fees or charges associated with the use of the property. 15. The property will be posted one week before the public hearing. I certify that the contained here is true Signa re of Applicant oq C eiaN . , \-A%je, owt 5`9� l eaw-0 m r Z 0 • r ZC n D o � ;V � O c ® a rn r- c' a N 0 N Dti i!l 10 h "'m i `•; o a z o -4 4 ll 9 m z IN >' u -0 In V 1' 111 L n n ul r Z N C7 1 w 1) a m I u I? r I� r -o- ID � o i� � vtnc z 0 7_�1 P min'j n irn 7J /5?- D L%' A In 0ci rn ,,n D In �qi V '3 Ill p I) I f I II ��I li o 1 i9 t' m r Z 0 • r ZC I !1 o � ;V r- O n 10 h z @ILI a o -4 ll 9 m z In L n n ul r 1 6 I L I� ID � 0 0 O_ I f I II ��I li o I n I II�IIi; p I ra 1 I' O n c 71 I _ a IN 1���(� �°yn 351p° 8 0° 26I_Qu 18i Qu 8l 3�Ioli 15 cp a----- — — -- - -- -- BUILDING FOR K.D. ROOFING ROBERT G. STEWART PH. 887-1775 ARCHITECT 5189 OVERLAND RD., BOISE, IDAHO, PH. 0 343-7800 I ZC o BUILDING FOR K.D. ROOFING ROBERT G. STEWART PH. 887-1775 ARCHITECT 5189 OVERLAND RD., BOISE, IDAHO, PH. 0 343-7800 I KIVAKkKla la 2Q,W.Zzl�AU �i :a FOR VALUE RECEIVED representative of WARRANTY DEED (INDIVIDUAL) HOYT C. DOBSON, an unmarried man and HOYT CL DOBSON, as personal the Estate of MARY ALICE EDGLEY SPATES DOBSON, Deceased GRANTOR(s) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto ^ TREASURE VALLEY BAPTIST CHURCH, INC., an Idaho corporationA r• S 3 tiny ;Z- GRANTEE(S). whose current address is: /3L-4 So. T� e � i'r o�� a m lriiP' 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 FILED IN BOOK 31 OF PLATS AT PAGE 1923, AMENDED BY AFFIDAVIT RECORDED UNDER INSTRUMENT NO. 7704108, RECORDS OF ADA COUNTY, IDAHO. A portion of Tax Parcel -No. k8461250350 TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees(s) heirs and assigns forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) ist'are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance 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 are n t yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: February s, 1998 � e' r Y D 0 OY DOBSON, eraona2 Representative P %^1 MIN STATE OF IDAHO , County of Ada '2 FOn f this day of February , in the year of 13 . before me the undersigned a Notary Public, personally appeared. Q HOYT C. DOBSON �- known or identified to me to be the person(s) whose name(s) is subscribed to the within ^� instrument, and acknowledged to me that ____ he _ executed the same. ., Notary Public. CZ4f p -s Residing at: Y My Commission E: es: 3-17- l99 [SQfJtTli4l'�Q[i4f�1?['i�1('iQ?iGril'l[�[iQ['itlli9l�:l"�4f)•F C` C14E�l`L��"`.li��C'Y�• '[1 �4t�[��liG7i4ti?!'iQ['i (iL'P�O:�'J'li� '-164292 JB/HH ;viewed PIONEER TrME COMPANY OF ADA COUNTY 821 West State Street / Boise, Idaho 83702 (208) 336-6700 888 North Cole Road / Boise, Idaho 83704 (208) 377 - and approved by: 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 89040'58" East, 300.54 feet (formerly described as North 89044'18" 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 1/2" iron pin marking the Southeast corner of said lot; thence South 89°43'11" West, 300.15 feet (formerly described as South 89044'18" West, 300.00 feet) along a line being 40.00 feet Northerly and parallel to the center line of Overland Road to a found 1/2" iron pin marking the Southwest corner of said Lot 4; thence North 00026'49" 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 LHK:Ihc fAprojects\11454\desc\parce1 L4, B1.doc Prepared by: J -U -B ENGINEERS, Inc. l L LAl yp ;1 STERFoG,S>� 29/9% < 251 �OF H. Lawrence H. Koerner, P.L.S. Kendall M. Doty Mobile: 887-5096 Cellular: 850-2313 DATE: April 29, 1999 TO: City of Meridian ATTN: Sherry Stihls "REPAIR & RER( �,. SPECIALIST" ROOFING, INC. D2190 S. Locust Grave O Meridian, ID 83642 RE: Materials used on Overland Property belonging to K.D. Roofing, Inc. Roofing - 40 -year Presidentials Vinyl Siding Metal Soffet & Facia Wood Structure Wood Trusses - 5/12 pitch If you have any question, feel free to give me a call - 887-1775 or 850-2313. Thank you, /* Kendall M. Doty Office: (208) 887-1775 Fax: (208) 895-0738 I BUILDING FOR K.D. ROOFING PH. 887-1775 ROBERT G. STEWART ARCHITECT $189 OVERLAND RD., BOISE, IDAHO, PH. / 343-7898 �A o BUILDING FOR K.D. ROOFING PH. 887-1775 ROBERT G. STEWART ARCHITECT $189 OVERLAND RD., BOISE, IDAHO, PH. / 343-7898 �A >M Fo .Z §m r z • \ Ixm n II m` bm To JJI Z.II >�j Ij _II ori II ! �I Nil I m�� .j a� I� I I 1-F I i BUILDING FOR K.D. ROOFING ROBERT G. STEWART � ARCHITECT . � p�J ' P 1 Irl 887-1775;, I N. 5189 OVERLAND RD.. BOWE, MA1[O, PMN 343-7800. I 1 G—k 0 0 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 1-84 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 24th day of May, 1999. PUBLISH May 26 and June 9, 1999 WILLIAM G. BERG, JR. I CLERK Oow ��* Of S x SEAL 9 isl i • � C Crf n H b 7d �� b Cif '� -� -� C" O A r �� n O x �C C a� n �� z ** TX CONFIRAN REPORT ** DATE TIME TO/FROM 09 05/24 13:15 208 888 1097 0 AS OF MAY 24 '99 13:16 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'32" 001 010 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 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 1-84 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 20 day of May, 1999. PUBLISH May 26 and June 9, 1999 WILLIAM G. BERG, JR. I CLERK s s SFAL - R.!LfK me;,/tory 01 UQ 376- 733° 136,3-o28z to cf"P • 25 cert. ma.il1nys fv Al. ), TREASURE VALLEY BAPTIST CHURCH— LOT 4 BLK 1 TIMOTHY SUB. PROPERTY OWNERS WITHIN 300' TREASURE VALLEY BAPTIST CHURCH 1300 S TEARE AVE MERIDIAN ID 83642-6614 1300 S TEARE 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 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 TEARE AVE 1500 S TEARE AVE SPORTSMAN POINTE OWNERS ASSOCIATION INC PO BOX 344 MERIDIAN ID 83680-0344 GEM PARK II PARTNERSHIP PO BOX 344 MERIDIAN ID 83680-0344 E OVERLAND RD RADA JOHN D & BEVERLY R 1300 E SHEPHERD ST MERIDIAN ID 83642-6694 BARBER CURTIS L & MICHELLE 1272 E SHEPHERD ST MERIDIAN ID 83642-6694 OLIVER CHARLES LEE & BRIDGETT A 1244 E SHEPHERD ST MERIDIAN ID 836426694 REYNOLDS FAMILY TRUST REYNOLDS S & B L TRUSTEES 2153 S RETIEVER WAY MERIDIAN ID 83642 1218 E SHEPHERD ST DIXON SCOTT ALLEN & HEATHER 1186 E SHEPHERD ST MERIDIAN ID 83642-7434 JACKSON ROCKY L 1158 E SHEPHERD ST MERIDIAN ID 83642 WARF LAMOYNE & KAREN K 1120 E SHEPHERD ST MERIDIAN ID 83642-7434 MERKLING MICHAEL L & MERKLING KATHLEEN S 1094 SHEPHERD ST MERIDIAN ID 83642 KOELLING CRAIG A & KOELLING JOY L 1072 E SHEPHERD ST MERIDIAN ID 83642 WILLIAMS FRANK E & AIMEE J 1046 E SHEPHERD ST MERIDIAN ID 83642-7434 JONES FRANKLIN H & PAULINE E 1265 E SHEPHERD ST MERIDIAN ID 83642-6694 I� GROVES DARRELL E & NANCY K 1239 E SHEPHERD ST MERIDIAN ID 83642-6694 ASHFORD JOHN S & 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 11 *I Ole I* le ®lel®I®I® ® 10101® I I I ) j I'll � . U BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION OF TREASURE VALLEY BAPTIST CHURCH, INC., FOR A CONDITIONAL USE PERMIT FOR CHURCH PARKING, RECREATIONAL USES AND CONTRACTOR'S BUSINESS AT 1300 SOUTH TEARE, MERIDIAN, IDAHO Case No. CUP -99-016 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come on for public hearing before the City Council on July 20, 1999 and continued to August 17, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the July 20, 1999, public hearing, and appearing and testifying at the August 17, 1999, hearing were Brad Hawkins -Clark, Assistant Planner for the Planning and Zoning Department, Gary Smith, Public Works Director, Jay Edmunds, and the Applicant's representative, Robert L. Aldridge, and no one having testified in opposition FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - I 0 0 and the City Council having received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: FINDINGS OF FACT A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 20, 1999, and continued to August 17, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the said public hearing on July 20, 1999 and continued to August 17, 1999; and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / IC D. ROOFING - 2 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and §§11-2-416E and 11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at 1300 South Teare, Meridian, Idaho. 5. The owner of record of the subject property is Treasure Valley Baptist Church, Inc., an Idaho Corporation, Meridian, Idaho. 6. Applicant is Treasure Valley Baptist Church, Inc., an Idaho Corporation of Meridian, Idaho. 7. The present land use of the subject property is vacant, grass covered, land and limited use for recreational purposes by the church. 8. The proposed land use of the subject property is for church parking FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 3 9 and recreational use, and a portion is to be used as a contractor roofing business at the location as depicted in the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan #I(D-9910. 9. The present zoning district of the subject property is (C -G) General Retail and Service Commercial for the 1.102 acres and (L -O) Limited Office for the 3.441 acres as defined in §§ 11-2-408(B)(11)(7) of the Zoning and Development Ordinance of the City of Meridian. 10. The requested conditional use permit is desirable because the size of existing church property within the City is becoming inadequate and additional room for expansion is needed. The general commercial frontage property is consistent with neighboring commercial properties and industrial uses currently exist. Traffic on Overland Road is such that this is a very desirable location for a local business and industrial uses currently exist. The proposed use for this property is consistent with existing uses in the area and industrial uses currently exist. From Meridian Road east along the north side of Overland Road to beyond this property, several commercial and industrial uses currently exist. 11. A list of the mailing addresses of all property owners who own property located within three hundred (300') feet of the external boundaries of the land being considered and all property owners included within the property being FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K D. ROOFING - 4 9 • considered as evidenced from the official tax records of Ada County was supplied by the Applicant. 12. That the proposed conditional use will be harmonious, compatible and in accordance with the Comprehensive Plan. Of particular relevance are the Economic Development and Land Use sections of the Comprehensive Plan. In the Economic Development section the forecasted needs are that additional land for employment related uses is needed. The Generalized Land Use Map of 1993 designates this area for Mixed/Planned Use Development. This requested use fits very well the definition for Mixed/Planned Uses and the Economic Development Goal Statement. The Land Use section of the Comprehensive Plan contains an objective to encourage Mixed/Planned Uses along the I-84 corridor, which are attractive and compatible with high-volume traffic corridors. The roofing business along Overland Road would meet this objective. The business would be landscaped and fenced in appropriate areas to maintain a high-quality visual appearance. 13. The Applicant paid the fee established by the City Council for the application herein submitted. 14. The land subject to the application is intended to be developed in accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan #KD -9910. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 5 15. The proposed development and use is allowed in the (C -G) General Retail and Service Commercial zone and the (L -O) Limited Office zone as a conditional use with no additional permit requirements. 16. The following are development and conditional use considerations which must be taken into account in order to assure that the proposed conditional use and development is in compliance with the standards of § 11-2-418C of the Municipal Code of the City of Meridian: 16.1 The proposed use will in fact constitute a conditional use as prescribed in the zoning ordinance because of the church use in the L -O zone and construction business in the C -G zone. 16.2 To insure that the development and proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors: 16.2.1 All driveways and parking areas are to be paved in accordance with City Ordinance. Additional landscaping will need to be provided to meet one three-inch caliper tree per 1,500 square feet of asphalt. 16.2.2 A landscape setback of 35 feet beyond required right-of-way is encouraged as Overland Road is an entrance corridor. Landscaping needs to be provided along the entire frontage of the parcel except for the driveway location. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 6 16.2.3 A screened trash enclosure is to be provided. 16.2.4Adjacent residential use needs to be screened from parking lot, etc. 16.2.5 All outdoor storage of equipment and material needs to be screened from view. If storage area is to be used for parking of vehicles, paving will be needed. 16.2.6No signage has been proposed, and none is approved with this application. All signage will be subject to design review. No temporary signs, flags, banners, etc., are permitted. 16.2.7 All building and parking lot construction shall comply with the Americans with Disabilities Act. 16.2.8 Detailed landscape plan needs to be submitted for review and approval that the development be constructed in accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan # I(D-9910. 17. In order to assure that the affected and subject area will be served adequately by essential public facilities and services, Staff has received the following comments from the political subdivisions providing services within the City of Meridian planning jurisdiction: 17.1 Ada County Highway District (ACRD) "Site Specific Requirements" set forth in that certain report submitted by Larry Sale, Planning and Development Supervisor, dated June 3, 1999, RE: Staff Level Approval MCUP99-016/AZ-99-007as follows: 17.1.1 Dedicate 48 -feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 7 0 0 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. 17.1.2 There shall be no cross easement for the parcels to the east and north to use the subject parcel for access to the public streets. 17.1.3 Construct a 5 -foot wide detached concrete sidewalk within 2 -feet of the new right-of-way on Overland Road abutting the side. Coordinate the location, elevation and grade of the sidewalk with District staff. 17.1.4 Construct one 24 to 30 -foot wide driveway on Overland Road located to align with Retriever Street to the south, approximately 110 -feet west of the east property line. Pave the driveway its full required width and at least 30 -feet beyond the edge of pavement of Overland Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 17.1.5 Locate any proposed gated entry a minimum of 50 -feet from a public road. Coordinate the location of any proposed gated entry with District staff. 17.1.6 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 17.1.7 District policy requires restrictions on the width, number and locations of driveways, and shall be placed on future development of this parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / IC D. ROOFING - 8 17.1.8 Direct lot or parcel access to Overland Road is prohibited other than the access point that has been specifically approved with the application. 17.2 The City of Meridian Planning and Zoning Department and Public Works comments dated June 17, 1999, as follows: 17.2.1 Curb cut needs to be approved by ACRD. 17.2.2 The proposed L -O parcel should grant an easement for the sewer service line to the proposed C -G parcel. The C -G parcel should grant a cross -access easement to the L -O parcel. 17.2.3 Applicant shall provide a letter of approval from Sanitary Service Company for the location and construction of the trash enclosure prior to applying for building permits. 17.2.4 All building and parking lot construction shall comply with the Americans with Disabilities Act. 18. Given the considerations of the comments from the above referenced governmental subdivisions providing services the considerations of additional public cost for public facilities and services required by the proposed development will not impose such expense upon the public if the developer pays for the requested improvements and complies with the comment requests and the economic welfare of the City and its residence and tax and rate payers will be protected. 19. The natural or scenic feature(s) of major importance affected by this application are: none. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 9 • CONCLUSIONS OF LAW 1. Idaho Code § 67-6512 provides in part that: 0 (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / IC D. ROOFING - 10 0 0 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of § 11-2-418 Municipal Code. 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - I I • 11 1. The applicant, Treasure Valley Baptist Church, Inc., is granted a conditional use permit for 4.5 acres located at 1300 South Teare Avenue, Meridian, Idaho, and subject to the following terms and conditions: 1.1 The proposed land use of the subject property is for church parking and recreational use, and a portion is to be used as a contractor roofing business at the location as depicted in the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan #11,D-99 10. 1.2 The conditions of the conditional use permit are as follows: 1.2.1 All driveways and parking areas are to be paved in accordance with City Ordinance. Additional landscaping will need to be provided to meet one three-inch caliper tree per 1,500 square feet of asphalt. 1.2.2 A landscape setback of 35 feet beyond required right-of-way is encouraged as Overland Road is an entrance corridor. Landscaping needs to be provided along the entire frontage of the parcel except for the driveway location. 1.2.3 A screened trash enclosure is to be provided. 1.2.4 Adjacent residential use needs to be screened from parking lot, etc. 1.2.5 All outdoor storage of equipment and material needs to be screened from view. If storage area is to be used for parking of vehicles, paving will be needed. 1.2.6 No signage has been proposed, and none is approved with this application. All signage will be subject to design review. No temporary signs, flags, banners, etc., are permitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 12 0 1.2.7 All building and parking lot construction shall comply with the Americans with Disabilities Act. 1.2.8 Detailed landscape plan needs to be submitted for review and approval that the development be constructed in accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan # KD -9910. 1.2.9 Dedicate 48 -feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 1.2.10 There shall be no cross easement for the parcels to the east and north to use the subject parcel for access to the public streets. 1.2.11 Construct a 5 -foot wide detached concrete sidewalk within 2 - feet of the new right-of-way on Overland Road abutting the side. Coordinate the location, elevation and grade of the sidewalk with District staff. 1.2.12 Construct one 24 to 30 -foot wide driveway on Overland Road located to align with Retriever Street to the south, approximately 110 -feet west of the east property line. Pave the driveway its full required width and at least 30 -feet beyond the edge of pavement of Overland Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 13 1.2.13 Locate any proposed gated entry a minimum of 50 -feet from a public road. Coordinate the location of any proposed gated entry with District staff. 1. 2.14 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 1.2.15 District policy requires restrictions on the width, number and locations of driveways, and shall be placed on future development of this parcel. 1.2.16 Direct lot or parcel access to Overland Road is prohibited other than the access point that has been specifically approved with the application. 1.2.17 Curb cut needs to be approved by ACHD. 1.2.1 S 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 a cross -access easement to the L -O parcel. 1.2.19Applicant shall provide a letter of approval from Sanitary Service Company for the location and construction of the trash enclosure prior to applying for building permits. 1.2.20A11 building and parking lot construction shall comply with the Americans with Disabilities Act. 2. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 14 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the S - day of SJf- , 1999. ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BENTLEY COUNCILMAN BIRD COUNCILMAN ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: (2 W,-'- 9 - Z (-7 VOTED -1 c-- A� VOTED_ VOTED -Li C VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 15 • 0 MOTION: APPROVED: 664iQ- DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By: Dated: /', 22,1— ff City Clerlc Orr RFs `%, msg/Z:\Worlc\M\Meridian 15360M\Treasure�3�hey O coli Ff Ord.CUP �t TT Ic ��r/717J1 „ ►Yt1ti�\ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 16 • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) CUP -99-016 APPLICATION OF TREASURE VALLEY ) BAPTIST CHURCH, INC., FOR A ) ORDER OF CONDITIONAL CONDITIONAL USE PERMIT ) APPROVAL OF FOR CHURCH PARKING, RECREATIONAL ) CONDITIONAL USE PERMIT USES AND CONTRACTOR'S BUSINESS AT ) 1300 SOUTH TEARE, MERIDIAN, IDAHO ) This matter coming before the City Council on the �?qday of to - 1999, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant, Treasure Valley Baptist Church, Inc., owner of the property is granted a conditional use permit for church parking and recreational use, and a portion is to be used as a contractor's roofing business, as depicted in the "Site Plan" prepared by Robert G. Stewart, dated 4/28/99 Plan #KD -9910, as conditionally approved by order of the City Council on the 2 1-5`0 day of lit-, 4z-, , 1999, for the development of the aforementioned projects and which property is described hereinbelow to -wit: Limited Office (L -O): A parcel of land being described as part of Lot 4, Block 1, of the Timothy Subdivision, as shown on the official plat of record in Book 31 of Plats at page 1923 in the office of the Recorder of Ada County in Boise, Idaho, and being situated in the SE 1/4 of Section 18, T. 3N., R. 1E., Boise Meridian and being more particularly described as follows: Commencing at the Southeast corner of said Section 18 from which the South 1/4 corner bears South 89°43'11" West, 2,649.02 feet; ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING 0 0 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 00026'49" East, 498.80 feet to a point; thence North 89040'58" East, 300.54 feet to a point; thence South 00028'51" West, 499.00 feet to the POINT OF BEGINNING. Said parcel contains 3.44 acres, more or less. General Retail and Service Commercial (C -G): A parcel of land being described as part of Lot 4, Block 1, of the Timothy Subdivision, as shown on the official plat of record in Book 31 of Plats at page 1923 in the office of the Recorder of Ada County in Boise, Idaho, and being situated in the SE1/4 of Section 18, T.3N., R.1 E., Boise Meridian and being more particularly described as follows: Commencing at the Southeast corner of said Section 18 from which the South 1/4 corner bears South 89°43'11" West, 2,649.02 feet; thence South 89°43'11" West, 1,336.64 feet along the section line and center line of Overland Road to the POINT OF BEGINNING; thence North 00028'51" East, 201.00 feet to a point; thence South 89°43'11" West, 300.24 feet to a point; thence South 00026'49" West, 201.00 feet to a point; thence North 89043'13" East, 300.13 feet to the POINT OF BEGINNING. Said parcel contains 1.39 acres, more or less. 2. This permit is subject to the following terms and conditions: That the above named applicant is granted a conditional use permit to use the property for church parking and recreational use, and a portion is to be used as a contractor's roofing business, subject to the following conditions of use and development: 2.1 The Planning and Zoning Commission hereby recommends the granting of the annexation, subject to the hereinafter conditions set forth, subject to the following conditions precedent: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING 0 • 2.1.1 The proposed land use of the subject property is for church parking and recreational use, and a portion is to be used as a contractor roofing business at the location as depicted in the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan #KD - 9910. 2.2 The conditions of the conditional use permit are as follows: 2.2.1 All driveways and parking areas are to be paved in accordance with City Ordinance. Additional landscaping will need to be provided to meet one three-inch caliper tree per 1,500 square feet of asphalt. 2.2.2 A landscape setback of 35 feet beyond required right-of-way is encouraged as Overland Road is an entrance corridor. Landscaping needs to be provided along the entire frontage of the parcel except for the driveway location. 2.2.3 A screened trash enclosure is to be provided. 2.2.4 Adjacent residential use needs to be screened from parking lot, etc. 2.2.5 All outdoor storage of equipment and material needs to be screened from view. If storage area is to be used for parking of vehicles, paving will be needed. 2.2.6 No signage has been proposed, and none is approved with this application. All signage will be subject to design review. No temporary signs, flags, banners, etc., are permitted. 2.2.7 All building and parking lot construction shall comply with the Americans with Disabilities Act. 2.2.8 Detailed landscape plan needs to be submitted for review and approval that the development be constructed in accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan # KD -9910. 2.2.9 Dedicate 48 -feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2.2.10 There shall be no cross easement for the parcels to the east and north to use the subject parcel for access to the public streets. 2.2.11 Construct a 5 -foot wide detached concrete sidewalk within 2 -feet of the new right-of-way on Overland Road abutting the side. Coordinate the location, elevation and grade of the sidewalk with District staff. 2.2.12 Construct one 24 to 30 -foot wide driveway on Overland Road located to align with Retriever Street to the south, approximately 110 -feet west of the east property line. Pave the driveway its full required width and at least 30 -feet beyond the edge of pavement of Overland Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 2.2.13 Locate any proposed gated entry a minimum of 50 -feet from a public road. Coordinate the location of any proposed gated entry with District staff. 2.2.14 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 2.2.15 District policy requires restrictions on the width, number and locations of driveways, and shall be placed on future development of this parcel. 2.2.16 Direct lot or parcel access to Overland Road is prohibited other than the access point that has been specifically approved with the application. 2.2.17 Curb cut needs to be approved by ACRD. 2.2.18 The proposed L -O parcel should grant an easement for the sewer service line to the proposed C -G parcel. The C -G parcel should grant a cross -access easement to the L -O parcel. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING • • 2.2.19 Applicant shall provide a letter of approval from Sanitary Service Company for the location and construction of the trash enclosure prior to applying for building permits. 2.2.20 All building and parking lot construction shall comply with the Americans with Disabilities Act. 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk Depon the applicant, the artment and any affected party requested notice. lanning and Zoning Department, the Public Work p 4. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 5. This order shall be automatically recording of the amended for the nal plat of Treasure a Valley on of said parcel at such time as the approval an 9 Baptist Church, Inc. g. Notice to Permit Holder, f iscuse onditional the Munit is not cipal pal Cordesof theCityof without complying with the provisions § 11-2-418 J Meridian, a copy of which is attached to this permit. 2` 5)� By action of the City Council at its regular meeting held on , 1999 By: < ROBERT D. CORRIE Mayor, City of Meridian Coserved upon Applicant, the Planning and Zoning Department, Public Works py Department and the City Attorney. By. City Clerk ``\%%II%IIIII IIII/fill f Dated: r SEullftffi - 9 msg/Z:\Work\M\Meridian 15360M\Treasure Valley Baptist AZ\CUPOrder '�"p© "(✓ST 151 , P , ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING RECORDED - REG`' �' , OF ACA COU,ECORDER J. DA`!ID ; AVARR0 1999 SP 23 pm, 1: IS #7"P7"J 9909459 CITY OF MERIDIAN ORDINANCE NO. S 4 -9- AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT 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, 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 comer of said Lot 4, Block 1; thence along the Northerly boundary of Lot 4, North 89°40'58" East, 3 00.5 4 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; TREASURE VALLEY BAPTIST CHURCH, INC. ANNEXATION AND ZONING ORDINANCE 0 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 '/a" iron pin marking the Southeast corner of said lot; thence South 89°43'11" West, 300.15 feet (formerly described as South 89044'18" West, 300.00 feet) along a line being 40.00 feet Northerly and parallel to the center line of Overland Road to a found 1/2" iron pin marking the Southwest corner of said Lot 4; thence North 00°26'49" East, 659.80 feet (formerly described as North 00°28'51" East, 660.00 feet) along the Westerly boundary of said lot to the point of beginning. Said parcel contains 4.55 acres, more or less. 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, 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.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 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 0 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, 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. 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. be and the. same is hereby zoned General Retail and Service Commercial (C -G). SECTION 5: 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 qik 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 §50-223. TREASURE VALLEY BAPTIST CHURCH, INC. 4 ANNEXATION AND ZONING ORDINANCE • 0 PA BY T,HE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this � � day of c��''���°� 1999. APP OV D BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 7 day of CJ twb mac, 1999. ATTEST: CITYICLERK, STATE OF IDAHO,) ss. County of Ada. ) On this day of j(.d _ , 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. 'viii.iii„°j° e is �O 1 A,� � :� �(fFPAL) NOTARY PUBLIC FOP, IDAHO S 1'U V" : RESIDING AT: °°; T °• to* •°N°°••°,Z, ).•'• MY COMMISSION EXPIRES: WO,, le OF VQ msg\ZAWork\M\Meridian 15360M\Treasure Valley Baptist AZ\AZ. ORD.WPD TREASURE VALLEY BAPTIST CHURCH, INC. ANNEXATION AND ZONING ORDINANCE • • 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 Cleric, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No.y ¢Z passed by the City Council of the City of Meridian, on the 7 day of 1999, is a true and correct copy of the original of said document which is in the care, custody and control of the City Cleric of the City of Meridian. !f STATE OF IDAHO, . ss. County of Ada, &--'- A/.) WILLIAM G. BERG, `t!J!!11 1!111,! �O � i7�LlLa �JJJJJJ!!ilittit!!!\ On this r7fl"' day of , in the year 1999, before me, AWZt- L - Slats , 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. Not4 Public for Idaho Commission Expires: d,Skaco-'-�' 15360KTreasure Valley Baptist AZ\CertificationOfClerlcOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN �iP�se patty �- °` RIC0RDED - RLE-QuCJ i GF Chc�2c/i, AOA CG�NTY RECORDER ` 1.OA'!!D NAVARRO ,'!!r'. 1DA..P,p FEE DEPUTY 1999 SP 23 Py 1: 15 '7P7'0 99094459 CITY OF MERIDIAN ORDINANCE NO. &242— 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, 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 1/2" 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; 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 1/2" iron pin marking the Southeast corner of said lot; thence South 89'43'11" West, 300.15 feet (formerly described as South 89'44'18" West, 300.00 feet) along a line being 40.00 feet Northerly and parallel to the center line of Overland Road to a found 1/2" iron pin marking the Southwest corner of said Lot 4; thence North 00°26'49" East, 659.80 feet (formerly described as North 00°28'51" East, 660.00 feet) along the Westerly boundary of said lot to the point of beginning. Said parcel contains 4.55 acres, more or less. 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, 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.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 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 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 q-tk 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 Cleric 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 §50-223. TREASURE VALLEY BAPTIST CHURCH, INC. ANNEXATION AND ZONING ORDINANCE 4 ` it PAS D BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7 � day of 16.4 -, 1999. APP OV D BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 77k day of 1999. ATTEST: CI LERK STATE OF IDAHO,) : ss. County of Ada. (OR r OF �` \%� • w��• f'e`e � wr, r SEDT, 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. ��c-rY1S NOTARY PUBLIC FOP, IDAHO RESIDING AT: OW14ad MY COMMISSION EXPIRES:ok msg\ZAWork\M\Meridian 15360M\Treasure Valley Baptist AZ\AZ. ORD.WPD TREASURE VALLEY BAPTIST CHURCH, INC. ANNEXATION AND ZONING ORDINANCE 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 Cleric, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. E¢z _ passed by the City Council of the City of Meridian, on the day of �pA-- ; h 1999, is a true and correct copy of the original of said document which is in the care, custody and control of the City Cleric of the City of Meridian. STATE OF IDAHO, ss. County of Ada, WILLIAM G. BERG, J On this r7/11 day of , in the year 1999, before me, AL. S1MS , 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., f# 0,191118118"r4A • • r Not4 Public for Idaho Commission Expires: I U1 S]'a 15360M\Treasure Valley Baptist AZ\CertificationOfClerlcOrd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 21 1998 APPLICANT: TREASURE VALLEY BAPTIST CHURCH AGENDA ITEM NUMBER: 2 REQUEST CONDITIONAL USE PERMIT FOR TREASURE VALLEY BAPTIST CHURCH & FCD ROOFING 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 f��£COPy SEE ATTACHED FINDINGS BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION OF TREASURE VALLEY BAPTIST CHURCH, INC., FOR A CONDITIONAL USE PERMIT FOR CHURCH PARKING, RECREATIONAL USES AND CONTRACTOR'S BUSINESS AT 1300 SOUTH TEARE, MERIDIAN, IDAHO FILE COPY Case No. CUP -99-016 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come on for public hearing before the City Council on July 20, 1999 and continued to August 17, 1999, at the hour of 7:00 o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the July 20, 1999, public hearing, and appearing and testifying at the August 17, 1999, hearingwere Brad Hawkins -Clark, Assistant Planner for the Planning and Zoning Department, Gary Smith, Public Works Director, Jay Edmunds, and the Applicant's representative, Robert L. Aldridge, and no one having testified in opposition FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - I and the City Council having received the staff report and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 20, 1999, and continued to August 17, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the said public hearing on July 20, 1999 and continued to August 17, 1999; and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 2 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and §§11-2-416E and 11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at 1300 South Teare, Meridian, Idaho. 5. The owner of record of the subject property is Treasure Valley Baptist Church, Inc., an Idaho Corporation, Meridian, Idaho. 6. Applicant is Treasure Valley Baptist Church, Inc., an Idaho Corporation of Meridian, Idaho. 7. The present land use of the subject property is vacant, grass covered, land and limited use for recreational purposes by the church. 8. The proposed land use of the subject property is for church parking FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 3 i and recreational use, and a portion is to be used as a contractor roofing business at the location as depicted in the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan #KD -9910. 9. The present zoning district of the subject property is (C -G) General Retail and Service Commercial for the 1.102 acres and (L -O) Limited Office for the 3.441 acres as defined in §§ 11-2-408 (B) (11) (7) of the Zoning and Development Ordinance of the City of Meridian. 10. The requested conditional use permit is desirable because the size of existing church property within the City is becoming inadequate and additional room for expansion is needed. The general commercial frontage property is consistent with neighboring commercial properties and industrial uses currently exist. Traffic on Overland Road is such that this is a very desirable location for a local business and industrial uses currently exist. The proposed use for this property is consistent with existing uses in the area and industrial uses currently exist. From Meridian Road east along the north side of Overland Road to beyond this property, several commercial and industrial uses currently exist. 11. A list of the mailing addresses of all property owners who own property located within three hundred (300') feet of the external boundaries of the land being considered and all property owners included within the property being FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 4 considered as evidenced from the official tax records of Ada County was supplied by the Applicant. 12. That the proposed conditional use will be harmonious, compatible and in accordance with the Comprehensive Plan. Of particular relevance are the Economic Development and Land Use sections of the Comprehensive Plan. In the Economic Development section the forecasted needs are that additional land for employment related uses is needed. The Generalized Land Use Map of 1993 designates this area for Mixed/Planned Use Development. This requested use fits very well the definition for Mixed/Planned Uses and the Economic Development Goal Statement. The Land Use section of the Comprehensive Plan contains an objective to encourage Mixed/Planned Uses along the I-84 corridor, which are attractive and compatible with high-volume traffic corridors. The roofing business along Overland Road would meet this objective. The business would be landscaped and fenced in appropriate areas to maintain a high-quality visual appearance. 13. The Applicant paid the fee established by the City Council for the application herein submitted. 14. The land subject to the application is intended to be developed in accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan #I(D-9910. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 5 • 15. The proposed development and use is allowed in the (C -G) General Retail and Service Commercial zone and the (L -O) Limited Office zone as a conditional use with no additional permit requirements. 16. The following are development and conditional use considerations which must be taken into account in order to assure that the proposed conditional use and development is in compliance with the standards of § 11-2-418C of the Municipal Code of the City of Meridian: 16.1 The proposed use will in fact constitute a conditional use as prescribed in the zoning ordinance because of the church use in the L -O zone and construction business in the C -G zone. 16.2 To insure that the development and proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors: 16.2.1 All driveways and parking areas are to be paved in accordance with City Ordinance. Additional landscaping will need to be provided to meet one three-inch caliper tree per 1,500 square feet of asphalt. 16.2.2A landscape setback of 35 feet beyond required right-of-way is encouraged as Overland Road is an entrance corridor. Landscaping needs to be provided along the entire frontage of the parcel except for the driveway location. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 6 16.2.3 A screened trash enclosure is to be provided. 16.2.4Adjacent residential use needs to be screened from parking lot, etc. 16.2.5 All outdoor storage of equipment and material needs to be screened from view. If storage area is to be used for parking of vehicles, paving will be needed. 16.2.6No signage has been proposed, and none is approved with this application. All signage will be subject to design review. No temporary signs, flags, banners, etc., are permitted. 16.2.7 All building and parking lot construction shall comply with the Americans with Disabilities Act. 16.2.8 Detailed landscape plan needs to be submitted for review and approval that the development be constructed in accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan # KD -9910- 17. In order to assure that the affected and subject area will be served adequately by essential public facilities and services, Staff has received the following comments from the political subdivisions providing services within the City of Meridian planning jurisdiction: 17.1 Ada County Highway District (ACRD) "Site Specific Requirements" set forth in that certain report submitted by Larry Sale, Planning and Development Supervisor, dated June 3, 1999, RE: Staff Level Approval MCUP99-016/AZ-99-007as follows: 17.1.1 Dedicate 48 -feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated 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. 17.1.2 There shall be no cross easement for the parcels to the east and north to use the subject parcel for access to the public streets. 17.1.3 Construct a 5 -foot wide detached concrete sidewalk within 2 -feet of the new right-of-way on Overland Road abutting the side. Coordinate the location, elevation and grade of the sidewalk with District staff. 17.1.4 Construct one 24 to 30 -foot wide driveway on Overland Road located to align with Retriever Street to the south, approximately 110 -feet west of the east property line. Pave the driveway its full required width and at least 30 -feet beyond the edge of pavement of Overland Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 17.1.5 Locate any proposed gated entry a minimum of 50 -feet from a public road. Coordinate the location of any proposed gated entry with District staff. 17.1.6 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 17.1.7 District policy requires restrictions on the width, number and locations of driveways, and shall be placed on future development of this parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 17.1.8 Direct lot or parcel access to Overland Road is prohibited other than the access point that has been specifically approved with the application. 17.2 The City of Meridian Planning and Zoning Department and Public Works comments dated June 17, 1999, as follows: 17.2.1 Curb cut needs to be approved by ACHD. 17.2.2 The proposed L -O parcel should grant an easement for the sewer service line to the proposed C -G parcel. The C -G parcel should grant a cross -access easement to the L -O parcel. 17.2.3Applicant shall provide a letter of approval from Sanitary Service Company for the location and construction of the trash enclosure prior to applying for building permits. 17.2.4 All building and parking lot construction shall comply with the Americans with Disabilities Act. 18. Given the considerations of the comments from the above referenced governmental subdivisions providing services the considerations of additional public cost for public facilities and services required by the proposed development will not impose such expense upon the public if the developer pays for the requested improvements and complies with the comment requests and the economic welfare of the City and its residence and tax and rate payers will be protected. 19. The natural or scenic feature(s) of major importance affected by this application are: none. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - CONCLUSIONS OF LAW 1. Idaho Code § 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 10 a 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of § 11-2-418 Municipal Code. 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 11 0 1. The applicant, Treasure Valley Baptist Church, Inc., is granted a conditional use permit for 4.5 acres located at 1300 South Teare Avenue, Meridian, Idaho, and subject to the following terms and conditions: 1.1 The proposed land use of the subject property is for church parking and recreational use, and a portion is to be used as a contractor roofing business at the location as depicted in the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan #KD -9910. 1.2 The conditions of the conditional use permit are as follows: 1.2.1 All driveways and parking areas are to be paved in accordance with City Ordinance. Additional landscaping will need to be provided to meet one three-inch caliper tree per 1,500 square feet of asphalt. 1.2.2 A landscape setback of 35 feet beyond required right-of-way is encouraged as Overland Road is an entrance corridor. Landscaping needs to be provided along the entire frontage of the parcel except for the driveway location. 1.2.3 A screened trash enclosure is to be provided. 1.2.4 Adjacent residential use needs to be screened from parking lot, etc. 1.2.5 All outdoor storage of equipment and material needs to be screened from view. If storage area is to be used for parking of vehicles, paving will be needed. 1.2.6 No signage has been proposed, and none is approved with this application. All signage will be subject to design review. No temporary signs, flags, banners, etc., are permitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. I K. D. ROOFING - 12 1.2.7 All building and parking lot construction shall comply with the Americans with Disabilities Act. 1.2.8 Detailed landscape plan needs to be submitted for review and approval that the development be constructed in accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan # KD -9910. 1.2.9 Dedicate 48 -feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 188. 1.2.10 There shall be no cross easement for the parcels to the east and north to use the subject parcel for access to the public streets. 1.2.11 Construct a 5 -foot wide detached concrete sidewalk within 2 - feet of the new right-of-way on Overland Road abutting the side. Coordinate the location, elevation and grade of the sidewalk with District staff. 1.2.12 Construct one 24 to 30 -foot wide driveway on Overland Road located to align with Retriever Street to the south, approximately 110 -feet west of the east property line. Pave the driveway its full required width and at least 30 -feet beyond the edge of pavement of Overland Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 13 1.2.13 Locate any proposed gated entry a minimum of 50 -feet from a public road. Coordinate the location of any proposed gated entry with District staff. 1.2.14 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 1.2.15 District policy requires restrictions on the width, number and locations of driveways, and shall be placed on future development of this parcel. 1.2.16 Direct lot or parcel access to Overland Road is prohibited other than the access point that has been specifically approved with the application. 1.2.17 Curb cut needs to be approved by ACHD. 1.2.18 The proposed L -O parcel should grant an easement for the sewer service line to the proposed C -G parcel. The C -G parcel should grant a cross -access easement to the L -O parcel. 1.2.19Applicant shall provide a letter of approval from Sanitary Service Company for the location and construction of the trash enclosure prior to applying for building permits. 1.2.20A11 building and parking lot construction shall comply with the Americans with Disabilities Act. 2. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Cleric upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requested notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / IC D. ROOFING - 14 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 91 S�4- day of J�Pfe-A-►hz - , 1999. ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BENTLEY COUNCILMAN BIRD COUNCILMAN ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: C2a4k , 9-ZI `!' VOTED E_ A VOTED g EA VOTED -Li r VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 15 MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By. Dated City Cleric 1 117111f11!!t/// msv,/Z:\Work\M\Meridian 15360M\Treasure tiI v A371 sa fl T - ,,9G r ts� • QN s;)W���� FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K. D. ROOFING - 16 r_� BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) CUP -99-016 APPLICATION OF TREASURE VALLEY ) BAPTIST CHURCH, INC., FOR A ) ORDER OF CONDITIONAL CONDITIONAL USE PERMIT ) APPROVAL OF FOR CHURCH PARKING, RECREATIONAL ) CONDITIONAL USE PERMIT USES AND CONTRACTOR'S BUSINESS AT ) 1300 SOUTH TEARE, MERIDIAN, IDAHO ) This matter coming before the City Council on the day of fev�- 1999, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant, Treasure Valley Baptist Church, Inc., owner of the property is granted a conditional use permit for church parking and recreational use, and a portion is to be used as a contractor's roofing business, as depicted in the "Site Plan" prepared by Robert G. Stewart, dated 4/28/99 Plan #KD -9910, as conditionally approved by order of the City Council on the :0/5'0 day of� , 1999, for the development of the aforementioned projects and which 4e�Vescribed hereinbelow to -wit: Limited Office (L -O): A parcel of land being described as part of Lot 4, Block 1, of the Timothy Subdivision, as shown on the official plat of record in Book 31 of Plats at page 1923 in the office of the Recorder of Ada County in Boise, Idaho, and being situated in the SE 1/4 of Section 18, T. 3N., R. 1 E., Boise Meridian and being more particularly described as follows: Commencing at the Southeast corner of said Section 18 from which the South 1/4 corner bears South 89°43'11" West, 2,649.02 feet; ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING thence South 89°43'11" West, 1,336.64 feet along the section line and center line of Overland Road to a point; thence North 00°28'51" East, 201.00 feet to the POINT OF BEGINNING; thence South 89°43'11" West, 300.24 feet to a point; thence North 00026'49" East, 498.80 feet to a point; thence North 89040'58" East, 300.54 feet to a point; thence South 00028'51" West, 499.00 feet to the POINT OF BEGINNING. Said parcel contains 3.44 acres, more or less. General Retail and Service Commercial (C-Gl: A parcel of land being described as part of Lot 4, Block 1, of the Timothy Subdivision, as shown on the official plat of record in Book 31 of Plats at page 1923 in the office of the Recorder of Ada County in Boise, Idaho, and being situated in the SE1/4 of Section 18, T.3N., R.1 E., Boise Meridian and being more particularly described as follows: Commencing at the Southeast corner of said Section 18 from which the South 1/4 corner bears South 89°43'11" West, 2,649.02 feet; thence South 89°43'11" West, 1,336.64 feet along the section line and center line of Overland Road to the POINT OF BEGINNING; thence North 00028'51" East, 201.00 feet to a point; thence South 89043'11" West, 300.24 feet to a point; thence South 00026'49" West, 201.00 feet to a point; thence North 89043'13" East, 300.13 feet to the POINT OF BEGINNING. Said parcel contains 1.39 acres, more or less. 2. This permit is subject to the following terms and conditions: That the above named applicant is granted a conditional use permit to use the property for church parking and recreational use, and a portion is to be used as a contractor's roofing business, subject to the following conditions of use and development: 2.1 The Planning and Zoning Commission hereby recommends the granting of the annexation, subject to the hereinafter conditions set forth, subject to the following conditions precedent: ORDER OF CONDITIONAL APPROVAL Z OF CONDITIONAL USE PERMIT TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING 2.1.1 The proposed land use of the subject property is for church parking and recreational use, and a portion is to be used as a contractor roofing business at the location as depicted in the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan #KD - 9910. 2.2 The conditions of the conditional use permit are as follows: 2.2.1 All driveways and parking areas are to be paved in accordance with City Ordinance. Additional landscaping will need to be provided to meet one three-inch caliper tree per 1,500 square feet of asphalt. 2.2.2 A landscape setback of 35 feet beyond required right-of-way is encouraged as Overland Road is an entrance corridor. Landscaping needs to be provided along the entire frontage of the parcel except for the driveway location. 2.2.3 A screened trash enclosure is to be provided. 2.2.4 Adjacent residential use needs to be screened from parking lot, etc. 2.2.5 All outdoor storage of equipment and material needs to be screened from view. If storage area is to be used for parking of vehicles, paving will be needed. 2.2.6 No signage has been proposed, and none is approved with this application. All signage will be subject to design review. No temporary signs, flags, banners, etc., are permitted. 2.2.7 All building and parking lot construction shall comply with the Americans with Disabilities Act. 2.2.8 Detailed landscape plan needs to be submitted for review and approval that the development be constructed in accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan # KD -9910. 2.2.9 Dedicate 48 -feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2.2.10 There shall be no cross easement for the parcels to the east and north to use the subject parcel for access to the public streets. 2.2.11 Construct a 5 -foot wide detached concrete sidewalk within 2 -feet of the new right-of-way on Overland Road abutting the side. Coordinate the location, elevation and grade of the sidewalk with District staff. 2.2.12 Construct one 24 to 30 -foot wide driveway on Overland Road located to align with Retriever Street to the south, approximately 110 -feet west of the east property line. Pave the driveway its full required width and at least 30 -feet beyond the edge of pavement of Overland Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 2.2.13 Locate any proposed gated entry a minimum of 50 -feet from a public road. Coordinate the location of any proposed gated entry with District staff. 2.2.14 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 2.2.15 District policy requires restrictions on the width, number and locations of driveways, and shall be placed on future development of this parcel. 2.2.16 Direct lot or parcel access to Overland Road is prohibited other than the access point that has been specifically approved with the application. 2.2.17 Curb cut needs to be approved by ACRD. 2.2.18 The proposed L -O parcel should grant an easement for the sewer service line to the proposed C -G parcel. The C -G parcel should grant a cross -access easement to the L -O parcel. ORDER OF CONDITIONAL APPROVAL 4 OF CONDITIONAL USE PERMIT TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING 0 L� 2.2.19 Applicant shall provide a letter of approval from Sanitary Service Company for the location and construction of the trash enclosure prior to applying for building permits. 2.2.20 All building and parking lot construction shall comply with the Americans with Disabilities Act. 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requested notice. 4. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 5. This order shall be automatically amended for the description of said parcel at such time as the approval and recording of the final plat of Treasure Valley Baptist Church, Inc. 6. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of § 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. r By action of the City Council at its regular meeting held on Z! '6 1999. By: (L2 ,/7), 2 ROBERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. By. Dated: 21_ = �'°°� �r�o City Clerk S ilL 7 0� msg/ZAWork\M\Meridian 15360M\Treasure Valley BaptistAZ\CUPOrder ,.�0 G�itj�T�C I I tl{O ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING interoffice MEMORANDUM To: William G. Berg, Jr. AUG 3 U 1999 From: Wm. F. Gigray, III Subject: TREASURE VALLEY BAPTIST CHURCH, INC. / CUP -99-016 Date: August 27, 1999 Will: Please find attached the Findings of Fact and Conclusions of Law and Decision and Order Granting Conditional Use Permit Subject to Conditions and the Order of Conditional Approval of Conditional Use Permit. I have prepared the Findings for the Council's consideration as directed at the council meeting and public hearing on the 17t''. Please note that I advise that no action be taken on these Findings until action is completed on the annexation and zoning, and that the annexation ordinance is published. This is to assure the real property, which is subject to this matter is subject to the ordinances and within the boundaries of the City of Meridian. I have additionally attached the original of the Order of Conditional Approval of Conditional Use Permit, if Council approves the Findings please present to the Mayor for his signature, and then serve conformed copies upon the Applicant, Planning and Zoning Department, Public Works and the City Attorney office. If you have any questions please advise. msg/Z:\Work\M\Meridian 15360M\Treasure Valley Baptist AZ\C1erkFfCl0rdand0rderCUP.ltr 0 • MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 7 1989 APPLICANT: TREASURE VALLEY BAPTIST CHURCH AGENDA ITEM NUMBER: 8 REQUEST: CONDrrK)NAL USE PERMIT 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 FINDINGS BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become propertyof the City of Meridian. MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 8 Rountree: All those in favor of the motion signify by saying aye. MOTION CARRIED: ALL AYES 2. TABLED 9/7/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: 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 1-84 & EAST OF TEARS AVE: (APPROVE) Rountree: Item No. 2 was tabled at our last meetings. Findings of and Conclusions of Law for request for conditional use permit for church parking recreational use and contractor's business by Treasure Valley Baptist Church/K.D. Roofing. This item was tabled waiting for the publication of the annexation ordinance. I believe that's been done. Any discussion, motion? Bentley: Mr. President. Rountree: Mr. Bentley. Bentley: I move we approve the Findings of Fact and Conclusions of Law in decision granting conditional use permit subject to conditions to Treasure Valley Baptist Church, Inc. and K.D. Roofing. Bird: Second. Rountree: It's been moved and seconded to approve the Findings of Facts for Item No. 2. Any discussion? Bird: I have none. Rountree: It's a roll -call vote. Mr. Anderson. Anderson: Aye. Rountree: Mr. Bentley. Bentley: Aye. Rountree: Mr. Bird. Bird: Aye. MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 9 Rountree: All ayes. Motion passes. MOTION CARRIED: ALL AYES Anderson: Hey. We got rid of two. 3. DEVELOPMENT AGREEMENT FOR EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC NORTH OF 1-84, WEST OF EAGLE ROAD AND EAST OF ALLEN STREET: (TABLE UNTIL 10/5/99) 4. ORDINANCE # -- ANNEXATION AND ZONING OF APPROXIMATELY 3.77 ACRES (FOR CG ZONING) OF LAND FOR PROPOSED EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC— NORTH OF 1-84 & WEST OF EAGLE ROAD, EAST OF ALLEN STREET: (TABLE UNTIL 10/5/99) Rountree: Just be patient. Okay. Item No. 3. Development agreement for Eagle Road Professional Center by Fermor, LLC on north of 1-84 west of Eagle Road and east of Allen Street. Bird: Mr. President. Rountree: Mr. Bird. Bird: Seeing how we don't have any development agreement yet worked out, I move that we table this development agreement for Eagle Road Professional Center, Fermor, LLC until 10/5/99. Rountree: Is there a second? Anderson: Second. Rountree: It's a tie. It's been moved and seconded to table Item No. 3 until our next regularly scheduled meeting. Discussion? Mr. Bentley. Bentley: Yes. I'd like to move that we amend that motion to include Item No. 4 since it's the zoning ordinance for the same. Bird: Okay with me. Rountree: So we would – Bird: Three and four. ! 0 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 1-84 & 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 1-84 & 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 ! 0 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 for a 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, I think the development agreement is suggested. I would refer to staff comments dated June 17cn 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 0 0 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. • 0 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 20tH 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. 0 • 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? 0 0 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 1-84 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 1-84 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 1-84 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 1-84 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. i 9 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. 0 9 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 9/7. 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) 0 MERIDIAN CITY COUNCIL MEETING: AUGUST 17 1999 APPLICANT: K.D. ROOFING AGENDA ITEM NUMBER: 11 REQUEST: CONDITIONAL US FOR T RE 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 MINUTES SEE ATTACHED RECOMMENDATION BUREAU OF RECLAMATION: OTHER: All Materials presented at public m wwwigp shall become property Of Of the City of Meridian City Council Meeting July 20, 1999 Page48 Bird: Oh, yeah. I change that to August 17th, 1999. Corrie: Is there a second. Bentley: Motion made and second to continue the public hearing on number 16 until August the 17th. Any further comment? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 17. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR CHURCH PARKING, RECREATIONAL USES AND CONTRACTOR'S BUSINESS BY TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING— NORTH OF OVERLAND RD, SOUTH OF 1-84 & EAST OF TEARE AVE: Corrie: I'll entertain a motion to do that for the 17th as well. Bentley: So moved. Rountree: Second. Corrie: Motion made and second that we have the conditional use permit on number 17 noticed for a public hearing for August 17th. Further comments? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 18. DEVELOPMENT AGREEMENT BY MATTHEW & DANITA HARTZ FOR 1990 N. MERIDIAN ROAD: Corrie: We do have that development agreement. Bentley: Is it signed? Corrie: Yes, looks like it. Mr. Clerk, that has been signed. It shows here it has. Any comments or questions on the development agreement, item number 18? Rountree: Mr. Mayor I just ask that staff has any comments? Stiles: No. Corrie: No staff comments, all right. MERIDIAN CITY COUNCIL MEETING: JULY 20, 1999 APPLICANT: TREASURE VALLEY BAPTIST CHURCH / K.D. ROOFING AGENDA ITEM NUMBER: 17 REQUEST: CUP FOR CHURCH PARKING RECREATIONAL USES, & CONTRACTOR'S BUSINESS AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM P & Z SEE ATTACHED LETTER RECEIVED 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: REVIEWED SEE ATTACHED COMMENTS REVIEWED (,e� tj- " I � ',� pd� BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning andoing 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. Its 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 1-84 & EAST OF TEARE 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 – Meridian Planning and Ong Commission 0 June 17, 1999 Page 33 Stiles: Just maybe to address your concern. One of our comments is that we did request additional landscaping and that we would do a detailed landscape review for approval to meet our needs. Borup: I know you always handle that real thoroughly anyway. I'd like to open the public hearing and ask the applicant to come forward. Aldridge: Bob Aldridge, 3300 Falcon Drive, Meridian, Idaho. Same comments as before. It's the same situation. This just carries out the split in zoning. We only need the lower zoning for the church now and in the future, but the office obviously requires the L -O designation. Borup: Would you like to incorporate your previous comments? Aldridge: Yes, we'd like to do so. Borup: Okay thank you. De Weerd: And did you want to enter into your testimony your comment on the landscaping? Aldridge: Yes, mabye 1 can supplement it at this time. I think when the original plan was drawn, whoever drew it, drew it with a 30 foot setback and it should probably be a 35 so we'll work with Shari on making sure that all gets done properly, but it will be at 35 so everything should be out of all the potential future expansion areas of the road. Borup: That's what I was looking at. The design there showing possible future right-of- way. Thank you. Aldridge: That is one of the staff conditions so we would have to comply with that in any event. Borup: Thank you. Barbeiro: I'd like to ask question of Mr. Aldridge please. Mr. Aldridge the request is for in addition to recreational uses, could you define that? Aldridge: Yeah, we were planning softball on it, soccer. I'm too old to play soccer, but it's that sort of thing and we have picnics out there. Actually the uses we used to do out there now has become parking lot and got lost so we're in the process of getting ready to build, assuming this is approved, a little backstop and so forth in the one corner and we have — if you want to come out July 4t" we're having all day preaching conference and picnic on the grounds, so it's that kind of stuff, so you're invited. Barbeiro: That would the lawn area you have designated here. Meridian Planning and ting Commission June 17, 1999 Page 34 Aldridge: Yes, that's approximately three and a half acres out of the four and a half acres. Barbeiro: Thank you. Borup: Thank you. Do we have anyone from the public who would like to testify on this application? Seeing none, -- De Weerd: Mr. Chairman, I move that we close the public hearing. Smith: Second. Borup: All in favor. MOTION CARRIED: ALL AYES. Borup: The public hearing is closed. De Weerd: I have no further comments. Borup: Do we have a motion from anyone? Smith: Mr. Chairman, I would like to make a motion that we recommend to City Council approval of this request for conditional use permit and that as always we incorporate staff comments as part of our recommendation although I neglected to say that on the last one. De Weerd: I would second that. Borup: Thank you. All in favor? MOTION CARRIED: ALL AYES. 6. PUBLIC HEARING: REQUEST FOR COMPREHENSIVE PLAN USE FROM RESIDENTIAL TO MIXED USE (A MENDMENT TO CHANGE LAND (RESIDENTIAL & OFFICE BUILDINGS) BY J -U -B ENGINEERS, INC.—WEST OF EAGLE RD, BETWEEN FAIRVIEW & USTICK: Borup: Ms. Stiles, do we have any staff comment on this? Stiles: Mr. Chairman, Commissioners, other than the comments that you received, we don't have any comments. Well I guess I do have a comment. As a result of the two Comprehensive Plan amendments, I received requests for three additional Comprehensive Plan amendments and they all want to be considered at the same time. • Meridian Planning and Zoning Commission C/O Meridian City Clerk 6-15-99 Dear Sirs, 0 -IF, JUN i -3 1999 ity ,-)f'd' c:ri:gian (I,ity Teri: „ fiCa 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 TMff' 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 baled from surrounding properties. The use of voice amplification should not even be considered and Ada County Noise Ordnance and Speed Limits should be strictly enforced. Sincerely, - i Jay Edmunds 1500So. Teare Ave. Meridian, Id 83642 HUB OF TREASURE VALLEY 40 Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 8364 1 J ( Phone (208) 888-4433 •Fax (208) 88 4'813 PLANNING AND ZONING RON ANDERSON ^ n 1999 DEPARTMENT KEITH BIRD MAY (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 11 1999 HEARING DATE: June 17, 1999 FILE NUMBER: CUP -99-016 REQUEST: CONDITIONAL USE PERMIT FOR CHURCH PARKING RECREATIONAL USES AND CONTRACTOR'S BUSINESS BY: TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD SOUTH OF 1-84 & 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 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 10 1999 TRANSMITTAL DATE: May 11 1999 HEARING DATE: June 17, 1999 FILE NUMBER: CUP -99-016 REQUEST: CONDITIONAL USE PERMIT FOR CHURCH PARKING RECREATIONAL USES AND CONTRACTOR'S BUSINESS BY: TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD SOUTH OF 1-84 & 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:� ✓ C� o pv9 ,,I 4j; C(— SLt r /4c -F— L0 A, N &-e f o i3 -e- V e- C C'014^ % ms s L' ¢- w A -ODs', VALLEY • Mayor HUB OF TREASURE A Good Place to Live LEGAL DEPARTMENT (208) 884-4264 ROBERT D. CORRIE CITY OF MERIDIAN PUBLIC WORKS Council Members BUILDING DEPARTMENT CHARLES ROUNTREE 33 EAST IDAHO (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 PLANNING AND ZONING Phone (208) 888-4433 - Fax (208) 887-4813 RON ANDERSON DEPARTMENT KEITH BIRD (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 10 1999 TRANSMITTAL DATE: May 11 1999 HEARING DATE: June 17, 1999 FILE NUMBER: CUP -99-016 REQUEST: CONDITIONAL USE PERMIT FOR CHURCH PARKING RECREATIONAL USES AND CONTRACTOR'S BUSINESS BY: TREASURE VALLEY BAPTIST CHURCH / K. D. ROOFING LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD SOUTH OF 1-84 & 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:� ✓ C� o pv9 ,,I 4j; C(— SLt r /4c -F— L0 A, N &-e f o i3 -e- V e- C C'014^ % ms s L' ¢- w A -ODs', Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE 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) 884-41-64 PUBLIC WORKS BUILDING DEPARTMENT (208)887-'_211 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 11 1999 HEARING DATE: June 17. 1999 FILE NUMBER: CUP -99-016 REQUEST: CONDITIONAL USE PERMIT FOR CHURCH PARKING RECREATIONAL USES AND CONTRACTOR'S BUSINESS BY: TREASURE VALLEY BAPTIST CHURCH I K. D. ROOFING LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD SOUTH OF 1-84 & EAST OF TEARE AVE _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MALCOLM MACCOY, P/Z ADA COUNTY HIGHWAY DISTRICT THOMAS BARBEIRO, P/Z ADA PLANNING ASSOCIATION BYRON SMITH, P/Z _KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT _ROBERT CORRIE, MAYOR SETTLERS IRRIGATION DISTRICT RON ANDERSON, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _CHARLIE ROUNTREE, C/C U.S. WEST(PRELIM & FINAL PLAT) _KEITH BIRD, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _GLENN BENTLEY, C/C BUREAU OF RECLAMATION(PRELIM & FINAL) NATER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT _SEWER DEPARTMENT DEPARTMENT ADA COUNTY (ANNEXATION) _BUILDING _FIRE DEPARTMENT _POLICE DEPARTMENT YOUR CONCISE REMARKS: CITY ATTORNEY ENGINEER _CITY CITY PLANNER Cqu, CENTRAL CE DISTRICT HEALTH DEPARTMENT DISTRICT HEALTH DEPARTMENT Environmental Health Division Rezone # Conditional Use # C-� —O/ 6 1 Preliminary / Final / Short Plat �l , A We have No Objections to this Proposal. 2. We recommend Denial of this Proposal. Return to: 0 Boise Eagle ❑ Garden City Meridian Kuna ❑ ACZ F] 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. FJ 4. We will require more data concerning soil conditions on this Proposal before we can comment. EJ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. g. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water 10. Run-off is not to create a mosquito breeding problem. I I . This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑swimming pools or spas child care center ❑ beverage establishment ❑ grocery store Date: 14. Reviewed By: Review Sheet cDND 10191 rcb, rev. 1/91 "REPAIR & RERO AV SPECIALIST" Kendall M. Doty 11• Office: (208) 887-1775 Mobile: 887-5096 ROOFING, INC. Cellular: 850-2313 2190 S. Locust Grove Fax: (208) 895-0738 DO Meridian, ID 83642 DATE: April 29, 1999 TO: City of Meridian ATTN: Sherry Stihls RE: Materials used on Overland Property belonging to K.D. Roofing, Inc. Roofing - 40 -year Presidentials Vinyl Siding Metal Soffet & Facia Wood Structure Wood Trusses - 5/12 pitch If you have any question, feel free to give me a call - 887-1775 or 850-2313. Thank you, A;;��X //*-- Kendall M. Doty 31^�J JUN '17 19' 999-'�/J CitV of �tcri:iian City Clerk Office R.=Iac.00' No -_6'51"e vArn A If n�yg i 1' aV a 0 361 -oil ' 1810 na ,_Q,1 Q j�C>I.I VED L� JUN 1 ? 1999 i t.v of Te I.i'!i.tr+ City Clerk 'Office >w to to _r "L m BUILDING FOR K.D. ROOFING ROBERT G. STEWART ARCHITECT PH. 887-1775 5189 OVERLAND RD., BOISE, IDAHO, PH. 0 313.7800 r7. 0 a R.=Iac.00' No -_6'51"e vArn A If n�yg i 1' aV a 0 361 -oil ' 1810 na ,_Q,1 Q j�C>I.I VED L� JUN 1 ? 1999 i t.v of Te I.i'!i.tr+ City Clerk 'Office >w to to _r "L m BUILDING FOR K.D. ROOFING ROBERT G. STEWART ARCHITECT PH. 887-1775 5189 OVERLAND RD., BOISE, IDAHO, PH. 0 313.7800 I BUILDING FOR K.D. ROOFING PH. 887-1775 ROBERT G. STEWART ARCHITECT 5189 OVERLAND RD, BOISE, IDAHO, PH. P 343-7896 o -O BUILDING FOR K.D. ROOFING PH. 887-1775 ROBERT G. STEWART ARCHITECT 5189 OVERLAND RD, BOISE, IDAHO, PH. P 343-7896 Pm mT s.w I r>v xm I I i �i BUILDING FOR K.D. ROOFING ROBERT G. STEWART ARCHITECT , PH 1887-1775 ; , I i 5189 OVERLAKD RD., 80th MA110, PJL x 343-7500. BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) Case No. CUP -99-016 APPLICATION OF TREASURE ) VALLEY BAPTIST CHURCH, ) FINDINGS AND FOR A CONDITIONAL USE ) RECOMMENDATION FOR PERMIT FOR CHURCH ) APPROVAL OF CONDITIONAL PARKING, RECREATIONAL USES ) USE PERMIT AND CONTRACTOR'S BUSINESS ) AT 1300 SOUTH TEARE, ) MERIDIAN, IDAHO ) The above entitled conditional use permit application having come before the Planning and Zoning Commission on the 17th day of June, 1999, and Shari Stiles, Planning and 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 in favor of the application and Don King appearing in opposition, and the Commission having received the staff report, and being fully advised in the premises, the Commission finds and concludes as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING - FINDINGS 1. The Commission takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994, and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map and the Ada County Zoning Ordinance. 2. Staff has complied with the requirements of I.C. §§ 67-6509 and 67-6512 and §§ 11-2-416E and 11-2-418E. 3. The Applicant is Treasure Valley Baptist Church, Inc., an Idaho Corporation located at 1300 South Teare, Meridian, Idaho 83642, whose telephone number is (208) 888-4545. 4. The legal description of the property is as follows: A parcel of land being Lot 4, 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 I/2" iron pin marking the Northwest corner of said Lot 4, Block 1; thence along the Northerly boundary of Lot 4, North 89040'58" East, 300.54 feet (formerly described as North 89044'18" East, 300.00 feet) to a found 1/2" iron pin marking the Northeast corner of said Lot 4; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING - 2 thence leaving said Northerly boundary of said Lot 4, South 00°28'51" West, 660.00 feet (formerly described as South 00°28'51" East, 660.00 feet) along the Easterly boundary of said lot to a found 1/2" iron pin marking the Southeast corner of said lot; thence South 89'43'11" West, 300.15 feet (formerly described as South 89'44'18" West, 300.00 feet) along a line being 40.00 feet Northerly and parallel to the center line of Overland Road to a found 1/2" iron pin marking the Southwest corner of said Lot 4; thence North 00°26'49" East, 659.80 feet (formerly described as North 00°28'51" East, 660.00 feet) along the Westerly boundary of said lot to the point of beginning. Said parcel contains 4.55 acres, more or less. 5. The present land use of the subject property is vacant, grass covered, land and limited use for recreational purposes by the church. 6. The proposed land use of the subject property is for church parking and recreational use, and a portion is to be used as a contractor roofing business at the location as depicted in the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan #KD -9910. M-1. 7. The present zoning district of the subject property is Ada County 8. The requested conditional use permit is desirable because the size of existing church property within the City is becoming inadequate and additional room for expansion is needed. The general commercial frontage property is consistent FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING - 3 U • with neighboring commercial properties and industrial uses currently exist. Traffic on Overland Road is such that this is a very desirable location for a local business and industrial uses currently exist. The proposed use for this property is consistent with existing uses in the area and industrial uses currently exist. From Meridian Road east along the north side of Overland Road to beyond this property, several commercial and industrial uses currently exist. 9. A list of the mailing addresses of all property owners who own property located within three hundred (300') feet of the external boundaries of the land being considered and all property owners included within the property being considered as evidenced from the official tax records of Ada County was supplied by the Applicant. 10. That the proposed zoning designation will be harmonious, compatible and in accordance with the Comprehensive Plan. Of particular relevance are the Economic Development and Land Use sections of the Comprehensive Plan. In the Economic Development section the forecasted needs are that additional land for employment related uses is needed. The Generalized Land Use Map of 1993 designates this area for Mixed/Planned Use Development. This requested use fits very well the definition for Mixed/Planned Uses and the Economic Development Goal Statement. The Land Use section of the Comprehensive Plan contains an objective to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING - 4 encourage Mixed/Planned Uses along the I-84 corridor, which are attractive and compatible with high-volume traffic corridors. The roofing business along Overland Road would meet this objective. The business would be landscaped and fenced in appropriate areas to maintain a high-quality visual appearance. 11. The Applicant paid the fee established by the City Council for the application herein submitted. 12. The land subject to the application is intended to be developed in accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan #I< -D-9910. 13. The proposed development and use is allowed in the requested zone as a conditional use with no additional permit requirements. 14. A development agreement was recommended as a condition of the zoning designation application. 15. The following are development and conditional use considerations which must be taken into account in order to assure that the proposed conditional use and development is in compliance with the standards of § 11-2-418C of the Municipal Code of the City of Meridian: 15.1 The proposed use will in fact constitute a conditional use as prescribed in the zoning ordinance because of the church FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING - 5 use in the L -O zone and construction business in the C -G zone. 15.2 That the proposed zoning designation will be harmonious, compatible and in accordance with the Comprehensive Plan. Of particular relevance are the Economic Development and Land Use sections of the Comprehensive Plan. In the Economic Development section the forecasted needs are that additional land for employment related uses is needed. The Generalized Land Use Map of 1993 designates this area for Mixed/Planned Use Development. This requested use fits very well the definition for Mixed/Planned Uses and the Economic Development Goal Statement. The Land Use section of the Comprehensive Plan contains an objective to encourage Mixed/Planned Uses along the I-84 corridor, which are attractive and compatible with high-volume traffic corridors. The roofing business along Overland Road would meet this objective. The business would be landscaped and fenced in appropriate areas to maintain a high-quality visual appearance. 15.3 To insure that the development and proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors: 15.3.1 All driveways and parking areas are to be paved in accordance with City Ordinance. Additional landscaping will need to be provided to meet one three-inch caliper tree per 1,500 square feet of asphalt. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING - 6 15.2 A development agreement is required as a condition of annexation. 15.3 A landscape setback of 35 feet beyond required right- of-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. 15.4 A screened trash enclosure is to be provided. 15.5 Adjacent residential use needs to be screened from parking lot, etc. 15.6 All outdoor storage of equipment and material needs to be screened from view. If storage area is to be used for parking of vehicles, paving will be needed. 15.7 No signage has been proposed, and none is approved with this application. All signage will be subject to design review. No temporary signs, flags, banners, etc., are permitted. 15.8 All building and parking lot construction shall comply with the Americans with Disabilities Act. 15.9 Detailed landscape plan needs to be submitted for review and approval that the development be constructed in accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan # KD -9910. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING - • 0 16. In order to assure that the affected and subject area will be served adequately by essential public facilities and services, Staff has received the following comments from the political subdivisions providing services within the City of Meridian planning jurisdiction: 16.1 Ada County Highway District (ACHD) "Site Specific Requirements" set forth in that certain report submitted by Larry Sale,,Planning and Development Supervisor, dated June 3, 1999, RE: Staff Level Approval MCUP99-016/AZ-99-007as follows: 16.1.1 Dedicate 48 -feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance # 188. 16.1.2 Provide a recorded cross access easement for the parcels to the east and north to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 16.1.3 Construct a 5 -foot wide detached concrete sidewalk within 2 -feet of the new right-of-way on Overland Road abutting the side. Coordinate the location, elevation and grade of the sidewalk with District staff. 16.1.4 Construct one 24 to 30 -foot wide driveway on Overland Road located to align with Retriever Street to the south, approximately 110 -feet west of the east property line. Pave FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING - 0 • the driveway its full required width and at least 30 -feet beyond the edge of pavement of Overland Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 16.1.5 Locate any proposed gated entry a minimum of 50 -feet from a public road. Coordinate the location of any proposed gated entry with District staff. 16.1.6 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 16.1.7 District policy requires restrictions on the width, number and locations of driveways, and shall be placed on future development of this parcel. 16.1.8 Direct lot or parcel access to Overland Road is prohibited other than the access point that has been specifically approved with the application. 16.2 The City of Meridian Planning and Zoning Department and Public Works comments dated June 17, 1999, as follows: 16.2.1 Curb cut needs to be approved by ACHD. 16.2.2 A development agreement is required as a condition of annexation. 16.2.3 The proposed L -O parcel should grant an easement for the sewer service line to the proposed C -G parcel. The C -G parcel should grant a cross -access easement to the L -O parcel. 16.2.4Applicant shall provide a letter of approval from Sanitary Service Company for the location and construction of the trash enclosure prior to applying for building permits. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING - 9 16.2.5 All building and parking lot construction shall comply with the Americans with Disabilities Act. 17. Given the considerations of the comments from the above referenced governmental subdivisions providing services the considerations of additional public cost for public facilities and services required by the proposed development will not impose such expense upon the public if the developer pays for the requested improvements and complies with the comment requests and the economic welfare of the City and its residence and tax and rate payers will be protected. 18. The natural or scenic feature(s) of major importance affected by this application are: none. RECOMMENDATIONS The Planning and Zoning Commission hereby recommends the granting of the annexation, subject to the hereinafter conditions set forth, subject to the following conditions precedent: 1.1 The proposed land use of the subject property is for church parking and recreational use, and a portion is to be used as a contractor roofing business at the location as depicted in the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan #I(D-9910. 1.2 The conditions of the conditional use permit are as follows: 1.2.1 All driveways and parking areas are to be paved in accordance with City Ordinance. Additional FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING - 10 landscaping will need to be provided to meet one three-inch caliper tree per 1,500 square feet of asphalt. 1.2.2 A development agreement is required as a condition of annexation. 1.2.3 A landscape setback of 35 feet beyond required right- of-way is encouraged as Overland Road is an entrance corridor. Landscaping needs to be provided along the entire frontage of the parcel except for the driveway location. 1.2.4 A screened trash enclosure is to be provided. 1.2.5 Adjacent residential use needs to be screened from parking lot, etc. 1.2.6 All outdoor storage of equipment and material needs to be screened from view. If storage area is to be used for parking of vehicles, paving will be needed. 1.2.7 No signage has been proposed, and none is approved with this application. All signage will be subject to design review. No temporary signs, flags, banners, etc., are permitted. 1.2.8 All building and parking lot construction shall comply with the Americans with Disabilities Act. 1.2.9 Detailed landscape plan needs to be submitted for review and approval that the development be constructed in accordance with the "Site Plan" prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan # KD -9910. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING - 11 • 0 1.2.10 Dedicate 48 -feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of-way dedicated as an addition to existing right-of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 1.2. 11 Provide a recorded cross access easement for the parcels to the east and north to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 1.2.12 Construct a 5 -foot wide detached concrete sidewalk within 2 -feet of the new right-of-way on Overland Road abutting the side. Coordinate the location, elevation and grade of the sidewalk with District staff. 1.2.13 Construct one 24 to 30 -foot wide driveway on Overland Road located to align with Retriever Street to the south, approximately 110 -feet west of the east property line. Pave the driveway its full required width and at least 30 -feet beyond the edge of pavement of Overland Road and install pavement tapers with 15 -foot radii abutting the existing roadway edge. 1. 2.14 Locate any proposed gated entry a minimum of 50 - feet from a public road. Coordinate the location of any proposed gated entry with District staff. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING - 12 0 • 1. 2.15 Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 2.16 District policy requires restrictions on the width, number and locations of driveways, and shall be placed on future development of this parcel. 1.2.17 Direct lot or parcel access to Overland Road is prohibited other than the access point that has been specifically approved with the application. 1.2.18 Curb cut needs to be approved by ACHD. 1.2.19 The proposed L -O parcel should grant an easement for the sewer service line to the proposed C -G parcel. The C -G parcel should grant a cross -access easement to the L -O parcel. 2.20Applicant shall provide a letter of approval from Sanitary Service Company for the location and construction of the trash enclosure prior to applying for building permits. 1.2.21 All building and parking lot construction shall comply with the Americans with Disabilities Act. By action of the Planning and Zoning Commission at its special meeting and public hearing held in this matter on June 17, 1999. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING - 13 ROLL CALL MOTION: • COMMISSIONER THOMAS BARBEIRO COMMISSIONER KEITH BORUP COMMISSIONER TAMMY DeWEERD COMMISSIONER BYRON SMITH CHAIRMAN MALCOLM MACCOY (TIE BREAKER) DATED: APPROVED: DISAPPROVED: VOTED VOTED VOTED VOTED VOTED Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. am City Clerk Dated: msp/Z:\Work\M\Meridian 15360M\Treasure Valley Baptist AZ\Ffcls.cup FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS TREASURE VALLEY BAPTIST CHURCH, INC. / K.D. ROOFING - 14 s rJ.u.B ,1 Engineers Surveyors Planners Project: 11454-01 Date: July 28, 1999 Revised: August 16, 1999 11 PARCEL DESCRIPTION OF THE NORTHERLY PORTION OF LOT 4, BLOCK 1 \,A ��) 11 a TtQ^- b - > A parcel of land being described as part of Lot 4, Block 1, of the Timothy Subdivision, as shown on the official plat of record in Book 31 of Plats at page 1923 in the office of the Recorder of Ada County in Boise, Idaho, and being situated in the SE 1/4 of Section 18, T. 3N., R.1 E., Boise Meridian and being more particularly described as follows: Commencing at the Southeast corner of said Section 18 from which the South 1/4 corner bears South 89°43'11" West, 2,649.02 feet; 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 89040'58" 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 Prepared by: J -U -B ENGINEERS, Inc. 8575 �rEOF1OQ��i q�p M. RMH:Ihp Ronald M. Hodge, P.L.S. f:\projects\11454\descUegal l doc rJ.u.B ,A Engineers Surveyors Project: Date: Revised: Planners 11454-01 July 28, 1999 August 16, 1999 0 PARCEL DESCRIPTION OF THE SOUTHERLY 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 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 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 00026'49" West, 201.00 feet to a point; thence North 89043'13" East, 300.13 feet to the POINT OF BEGINNING. Said parcel contains 1.39 acres, more or less. END OF DESCRIPTION Prepared by: J -U -B ENGINEERS, Inc. V a, RMHAhp Ronald M. Hodge, P.L.S. f:\projects\11454\desc\legal 1.doc �V*.'«� l • rJ-U-B� Engineers Surveyors Planners Project: 11454-01 Date: July 28, 1999 Revised: August 16, 1999 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 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 89043'11 " 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 00026'49" 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 DESCRIPTION RMH:Ihp f:\projects\11454\desc\lega1 2.doc Prepared by: J -U -B ENGINEERS, Inc. -D 85�75 7j•F F O M. Ronald M. Hodge, P.L.S. 0 a MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 17. 1999 APPLICANT: TREASURE VALLEY BAPTIST CHURCH AGENDA ITEM NUMBER: 5 REQUEST: CONDITIONAL USE PERMIT FOR CHURCH PARKING AGEN Y COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS 9 BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian.