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Home My WebLink AboutPresbyterian Church AZ ! ~ HUB OF TREASURE VALLEY LEGAL DEPARTMENT Mayor A Good Place to Live (208) 884-4264 ROBERT D. CORRIE Y OF MERIDIAN PUBLIC WORKS il Members (' CIT BUILDING DEPARTMENT o~nc 33 EAST IDAHO (208) 887-221 I CHARLES ROUNTREE MERIDIAN, IDAHO 83642 pLANNING AND ZONING GLENN BENTLEY Phone (208) 888-4433 • Fax (208) 887-4813 DEPARTMENT RON ANDERSON (208) 884-5533 KEITH BIRD TRANSMITTAL TO AGENCIES FOR COMMENTS ON D NVELOPMENT PROJECTS WITH THE CITY OF MERIDIA To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations Februa 2 1999 to Meridian City Hall, Attn: Will Berg, City Clerk bEARING DATE: February 9 1999 - TRANSMITTAL DATE: January 19 1999 H FILE NUMBER: _ _ __ .__, _ T„~~~ Q ~nu~Nr C)F 9.14 ACRES REQUEST:SUPPrLtmtrv ~ ~•~-~ ~~~~ ~~-•-•^ • •-- - - BY: PAULA. HOFFMAN LOCATION OF PROPERTY OR PROJECT: SW CORNER OF MERIDIAN ROAD AND USTICK ROAD N SCHOOL DISTRICT TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, PIZ ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, CIC _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIA 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,$. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: CITY OF MERIDIAN RE C ~ ZVL;~ 33 East Idaho Street, Meridian, ID 83642 JAN 1 9 1999 Phone: (208) 888-4433 Fax: (208) 887-4813 City of Meridian City Clerk iyffice APPLICATION FOR ANNEXATION AND ZONING OR REZONE ~~~ pia u NAME OF SUBDIVISION: ~~y~Q ~AQN~`7 y,,~~~J 15 ~ ~'~ IJo• ~ GENERAL LOCATION: ~ .N GoiZNt~ ~M~`n~ ~+d ~ ~'~K ¢~S . TYPE (RESIDENTIAL, INDUSTRIAL, COMA~RCIAL): fa *Ar.n~=LrGI b~ ~ CGN ~~ ACRES OF LAND IN PROPOSED ANNEXATION: ~ ~y ~ `-+'~~ S PRESENT LAND USE: (LAS ~ O ~~--'~i P~ ~ ~ Gtr J t~GU I ~~ ~' ~ G J L'(~~ PROPOSED LAND USE: f~~ ~ O~~(a ~ ~ GHQ ~ ~ ~ ~^ ~~`~`~ PRESENT ZONING DISTRICT: ~ ~'~~~' ~r~~sr~~ ~~~ GOJ~ PROPOSED ZONING DISTRICT: 4•~ 3 (~~$ ~~~5 ~ ~~~ ZO~~ ~ ~~~'''~, ~I N APPLICANT: PP ~ 1- ~' ~ ~~~ ~` ~' PHONE: 3~6 • ~~ o~ ADDRESS: 3'~Zli ~1. M~(til . ~I ~ 1tW QZi V101 S~ .~~ g37 ~ ENGINEER, SURVEYOR, OR '~~ (iii nt'~ ADDRESS: OWNER(S) OF RECORD: ~~~r~~l'r'~- ~/ ~~ ~~I S~ -PHONE: 6~ ADDRESS: ~ ~ PIONEER TITLE COMPANY ~ OF ADA COUNTY i..~ \~~ p. t<.Md 821 West State Street /Boise, Idaho 83702 (208) 336-6700 888 North Cole Road /Boise, ldalfo 83704 (208) 377-2700 97000`f~ AnA GG. ~tECORL`EP+ 801SE tJ ~~~ '97 JRii 3 f ~l 12 tit FEE~~~DEi REC06Dff.~ ;.T THP QUEST OF SPACE ABOVE FOR RECORDING DATA - --- :~SA~ ?G ~(l~,1t~?u ~?a AI>G?4~ 7,11EA~?~,7D~7,C~?OI~A>QAi >Q~ A~1,C1~14t,7C~7AI ~~>Q~ ~f1~1~7,1)1,1p~1Qt ~0.11'1<10! >l,! >C,! 1GA~A! >Q ~?!.~ ~2 ` ~~ WARRANTY DEED ~, ~~ ~, ^~ (INDIVIDUAL) ~^ FOR VALUE RECEIVED ROBERT D. STRASSER and MARGARET M. STRASSER, husband and wife ~, ~ ~, ~ ~~ t GRANTOR(S) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto PRESBYTERY OF BOISE, an ~: ~ t' Idaho corporation ~^~ `~~i ~~' GRANTEE(S), whose current address is: 4900 North Five Mile Road, Boise, Idaho 83713 ~,. l the following described real property in Ada County, State o(Idaho, ~ _ more particularly described as follows, to wiL• ~ Lot 3 in Block 1 of Strasser Farms Subdivision No. 2, according to the official plat thereof, filed in Book 70 of Plats at pages 7148 and 7149, records of Ada County, Idaho. ~~ ~~ r ~~ (This deed is given to correct the name of the grantee of that certain Warranty Deed recorded May 31, 1996 under instrument No. 96045919) T'O 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), [he Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject [o reservations, restrictions, dedications, easements, rights of way and agreements, (i(any) of record, and general taxes and assessments, includes irrigation and utility assessments, (if any) (or the current year, wqqhich ar~ no~yel d~~~~ payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Qr/ ,., / Dated: ~ipv~taber -aE-6~1996 obert D. Strasser STATE OF IDAHO ,County of _ _ -- ~L~coao2.~ M ga et M. S rasser ss. On this nl ~J (Y day of ~r +~L/11/./ff/',~, in the year of r~ ~/_y'~5~? ,before me ~^' Robert D. Strasser and ~' K~ the undersigned..-~•~ _.. a Notary Public, personally appeared Z, ^~ known or idei~df' me [o be~lte person(s) whose name(s) ~L 5ubscrit3ed to the within ~~ instrument, ~~ ttpgl~t~~rlYfo~Tile~h=t _the ~ executed the s ue. / ~, S "CC__ ~ ~ r / r. ~~ . ~t ~ ~G A . Nolar ubli ; ~ S'~ t'~ ~ ~ Residing at: ~ ~ _ ~, '" } ~~ :~~ ~ p4 ~~^` My Commission Expires: ~~'~,~' . ~^ ,~4~; r(i9PaYJ[iffi7li'7fi0[i~fiq[~~1[t~[~``'~[~~i^~wjryl'i'~]i~~l'~tl(~'fll'`4~["i'~(~[~[ilt[itJFi'~fwil7ZiL)fl`ftl"~1Ctii0~iry[i"~i'1~j~ri^[> •~i^~j~wwwj:t PIONEER TITLE COMPANY ' OF ADA COUNTY t~ '~ ^,,I 821 West State Street /Boise, Idaho 83702 (208) 336-6700 888 Nortlt Cole Road /Boise, Idaho 83704 (208) 377-2700 • s7oootftt7 AUA C ~~. ~ ECCRUtR fiUISF IU '97 JflN 3 (~ 2 `I fEE~~ _...~ l:Ei' HECOhGED.,( i~lE EtIUEST F SPACE ABOVE FOR RECORDING DATA °~~~>G>A'~?~ At ~>0. AI A~~61~'A~7Ar. ~~~~ ~0. A~?4~ ?0~'~~'~,7Z1~111~ ~0.7,Z1~~0.~C1~ ~~?U4 >Q>~ A~,7U~?OQ >l~ ~G! ~0~ A~dG~ ?0~ 11:1?;,' ~ WARRANTY DEED ~~ ^{~ (INDIVIDUAL) ~. FOR VALUE RECEIVED ROBERT D. STRASSER and MARGARET M. STRASSER, husband and wife C~ CRANTOR(s) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto PRESBYTERY OF BOISE, an ^ Idaho corporation `~ GRANTEE(S), whose current address is: 5900 North Five Mile Road , Boise, Idaho 8371 the following described real property in Ada ounty, State of Idaho, ,. more particularly described as follows, to wit: Lot 4 in Block 1 of Strasser Farms Subdivision No. 2, according to the official plat thereof, filed in Book 70 of Plats at pages 7148 and 7149, records of Ada County, Idaho. (This deed is given to correct the name of the grantee of that certain Warranty Deed recorded May 31, 1996 under instrument No. 96045920) TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grentee(s), and Grantees(s) heirs and assigns forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are Gee from nll 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 not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever ~~ ~ Dated: r 199, Robert D. Strasser rg et M. S rasser {. C ~~ ~~ t:, ~~ STATE OF IDAHO , Cowuy of Ada , ss. ~ On this ~ day of pp//JJ ~ ~%1~ r't/~~ m the year of `~fi %~r,L_, before me - - S- ~ ~~ the undersi t sser and / appeared Robert D. S aNotaryPublic,personally . ~.- ~~ Margaret ~_ C~ known or ide o pkt~c~-h ers (s) whose name(s) are subs d to the within VV ^^ i. ^~ instrument, d kt~wle~l to h t he L executed the same. ~; ~~ ~~ 1 * ti G ~~ ~O NDtary-Rubti ~.. ~" ~~ i~,' P ~~ ~ ~ . Residing aL• ~ i^ ' ~ iG }^ ~,y~~,,,~"" ~ ~ ' l My Commission Expires: ,~Q ~,.~~ 9 ~^; ~' ~~CiPi n [t~fR~(i~[iU[i(1[1`V'~[bfl'Ri!i(1?i~P~^!1' 4(1'~F~[~P10[ir1[~~1'CJ[113L~(.113(ll~(117(iOPiCtPiO(itr(i~(1~11D('i0(1 (i`,/1~117~!!>7 1~~ _ i ~, .. , ~~ PIONEER TITLE COMPANY ,Ve` OF ADA COUNTY ~~ 821 West State Street /Boise, Idaho 83702 (208)336-6700 8151 W. Rifleman Street /Boise, Idaho 83704 (208) 377-2700 • ~'~uuutitt~ E;D,~ ~.~:~. F.CURDcR ~iSE ID /-~,~-~- '97 J(1N f ( ' 1 FEE.C~~~,__ Ucf - RECOhGEU Ai 7ilE iiEOUEST F SPACE AnOVE FOR RECORDING DATA sw..v,:.~. cu.:U: M:W::G~:U:!W:!1J: !l'f: !U: :U::W:!U)::U:!19::U: iU/:!IJ; SUN.:U:!1!: !U:!4!; :U: M AI;;U;M;U:;IU:;U:;W::U~;U::U; !U) ~~: M ~~ !U! !~i~ !ly:: 1 QUITCLAIM DEED s FOR VALUE RECE[VED ROBERT D. STRASSER and MARGARET M. STRASSER, husband and wife do hereby convey, releaze, remise and forever quitclaim k S unto PRESBYTERY OF BOISE, an Idaho corporation whose address is: 4900 N. Five Mile Road, the following dcscribcd prcmiscs, to wit: See Exhibit "A" attached hereto and by this reference made a part hereof. together with their appurtenances. ~ CT/~ day o(_~tf f~~~i'}~' in the year of~_ ~ ~ ,before me a notary public, yy •~ +n'C;iCf!iC0i~t1i~('~ it'!n'tYr 47 su ed to the within ~.~' ~~ ~~~ y;, _ ~:; rr,Yr~;,tt; gin; ~ttr.~fr, crr~fr; ~~~~ ~~ ~.. ~~ • EXHIBIT A THAT Portion of Government Lot 1, Section 1, T 3 N, R 1 W, BM, Ada County Idaho, lying Northerly of the Northerly line of STRASSER FARMS SUBDIVISION No. 2, according to the plat thereof filed in Book 70 of Plats at pages 7148 and 7149, records of Ada County, Idaho, and lying Easterly of the Northerly extension of the Westerly line of said plat and lying Westerly of the Northerly extension of the most Easterly line of Lot 3 in Block 1 of said plat. EXCEPT Those portions, if any, conveyed to Ada County Highway District by deeds recorded under Instrument No.'s 8139945 and 9117065, and right of way easement under Instrument No. 9163754. EXHIBIT A --- Page 1 of 1. Cy T'ATE OE TDANO County of -.Art, ~~ ss. ~n this-at~i/ ~y day of Jf~_O/{1Jr~/~~r Lh in the year of! ~ , before me .~.; :rsonally appe.~ , a notary public, yy sown or identpict~ axga~ ;,^ to to be h' rsoi )whose name(s) strument, a t~~~~ m t$Yt tey su ed to the within ~,.' executed t ame, G * ~~1~1 ~ aty-Enblic~ . gy~pp,~ ~• : Residing at: i ~ -- /~~+~ .-I• ~ ! My Commission Ex Tres: r ~~ 0~.~ p ~~Si~)['iiCC1bi10f~ t ~[~[~(~`~C~1['l~l)~~~~1 lil L1 ~~P(~l)•`~C~~If~fl~4[1G(1~'!c'lliil~ilt~l[~['~bi~b[)d1~l~rlLllt~fl~ Le al Descri tion • g P A tract of land describing Lot 3 of Strasser Farms Subdivision No. 2 located in a portion of Government Lot 1, Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada. County, Idaho, described as follows: Commencing at a found Brass Cap monumenting the Northeast Corner of said Section 1, thence along the easterly line of said Section 1, said easterly line also being the centerline of North Meridian Road, S 00°17'24" W, a distance of 226.24 feet, to a point, said point being the POINT OF BEGINNING; thence continuing along said easterly line, S 00°17'24" W, a distance of 200.25 feet, to a point; thence leaving said easterly line, N 89°19' 19" W, a distance of 30.00 feet, to a found S/8" steel pin with cap on the westerly right-of--way of North Meridian Road; thence leaving said westerly right-of--way, N 89° 19' 19" W, a distance of 903.51 feet, to a found 5/8" steel pin with cap; thence, N 00°17'24" E, a distance of 393.3$ feet, to a found 5/8" steel pin with cap on the southerly right-of- way of West Ustick Road; thence leaving said southerly right-of--way, N 00°17'24" E, a distance of 33.00 feet to a point on the northerly line of said Section 1, said northerly line also being the centerline of West Ustick Road; thence along said northerly line, S 89°19'43" E, a distance of 632.67 feet, to a point; thence leaving said northerly line, S 00°17'24" W, a distance of 33A0 feet, to a found 1/2" steel pin with cap on the southerly right-of--way West Ustick Road; thence leaving said southerly line, S 00°1.7'24" W, a distance of 193.24 feet to a found 1/2" steel pin with cap; thence, S 89°19'43" E, a distance of 270.85 feet, to point on the westerly right-of--way of North Meridian Road; thence leaving said westerly right-or-way, S 89°19'43", a distance of 30.00 feet, to the POINT OF BEGINNING. The above described tract of land containing 7.58 acres, more or less, subject to all existing easements and rights-of--Way, either recorded or unrecorded. _ _ _ __ __ / •1!- 9• Le al Descri tion g P A tract of land describing Lot 4 of Strasser Farms Subdivision No. 2 located in a portion of Government Lot 1, Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found Brass Cap monumenting the Northeast Corner of said Section 1, said Brass Cap being the POINT OF BEGINNING, thence along the easterly line of said Section 1, said easterly line also being the centerline of North Meridian Road, S 00°17'24" W, a distance of 226.24, to a point; thence leaving said easterly line, N 89°19'43" W, a distance of 30.00 feet, tv a point on the westerly right-of- way of North Meridian Road; thence leaving said westerly right-of--way, N 89° 19'43" W, a distance of 270.85 feet, to a found 1/2" steel pin with cap; thence, N 00°17'24" E, a distance of 193.24 feet, to a found 112" steel pin with cap on the southerly right-of- way of West Ustick Road; thence leaving said southerly right-of--way, N 00° 17'24" E, a distance of 33.00 feet to a poiirt on the northerly line of said Section 1, said northerly line also being the centerline of West Ustick Road; thence along said northerly line, S 89° 19'43" E, a distance of 300.84 feet to the POINT OF BEGINNING. The above described tract of land containing 1.56 acres, more or less, subject to all existing easements and rights-of--Way, either recorded or unrecorded. /•/~'~ Legal Description A tract of land describing Lots 3 and 4 of Strasser Farms Subdivision No. 2 locates in a portion of Government Lot 1, Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found Brass Cap monumenting the Northeast Comer of said Section 1, said Brass Cap being the POINT OF BEGINNING, thence along the easterly tine of said Section 1, said easterly line also being the centerline of North Meridian Road, S 00° 17'24" W, a distance of 426.49, to a point; thence leaving said easterly line, N 89° 19' 19" W, a distance of 30.00 feet, to a found 5/8" steel pin with cap on the westerly right-of-way of North Meridian Road; thence leaving said westerly right-of--way, N 89° 19' 19" W, a distance of 903.51 feet, to a found 5/8" steel pin with cap; thence, N 00°17'24" E, a distance of 393.38 feet, to a found S/8" steel pin with cap on the southerly right of- way of West Ustick Road; thence leaving said southerly right-of--way, N 00°17'24" E, a distance of 33A0 feet to a point on the northerly line of said Section 1, said northerly line also being the centerline of West Ustick Road; thence along said northerly line, S 89° 19'43" E, a distance of 933.52 feet to the POINT OF BEGINNING. The above described tract of land containing 9.14 acres, more or less, subject to all existing easements and rights-of-Way, either recorded or unrecorded. ~,~~@ -~~s~!!~ i ~ Item #3 REQUEST FOR ZONING AMENDMENT Presbytery of Boise Attached is a blank copy of an affidavit previously signed and submitted to the City of Meridian. Please refer to the original file for the signed affidavit. • • Item #3 REQITEST FOR ~O~1NG AMENDMENT Presbytery of Boise August 28, 1998 The Presbytery of Boise, an Idaho Corporation, and record owner of the parcel of land descn~ed~ as lots 3 and 4 of Strasser Farms Subdivision No.2loc~ted at the Southwest corner of Meridian and Ustick Roads in Ada County, Idaho, containing 9.1"4 acres, more orless, does hereby request that the subject property be annexed "incorporated" into the City of Meridian. PRESBYTERY OF BOISE President Date STATE OF OREGON ) as County of Malheur } On this day v€ , 1998, before me, the undersigned; a .Notary Public in the State of Oregon, personally appeared H. Clifford Looney, known or identified to me to be the President of the Presbytery of Boise and who subscribed hls name to the within instrument and acknowledged to me that the executed the same for said Presbytery of Boise. In witness whereof; I have hereunto- set my hand and affixed my affcial seal the day and year first above written. SEAL Notary Public of Oregon My Commission Expires • • Item #S DESERIPTIOAI OF P~.tESENT LAND USE Application forAnnexation -City of Meridian August 28, 1998 The site is currently comprised of two parcels (lots 3, and 4), measuring~.SB acres and l.s6 acres, respectively. A portion oflot~~is currently undergoi~gg improvements in the form of a church facility. See Ada County conditional use permit 96-058-CU. See also zoning certificate #98-0083-1. The buildhtg and parl~ing lot •in~rovements will occupy approximately 1.5 acres out of ~.SS acres. The remaining acreage is irrigated farmland that will eventually be converted tuusefor recreational purpgses i.e. Soccer field or Baseball field and additional facilities. Parcel 4, adjacent to the intersection of Meridian and Usticlc road, is occupied by two residential dwellings. The larger dwelling measures approximately 40ft x 30ft and is two dories high: The second dwelling measures approxitnatel~ 1Sft x 40ft and is a single story dwelling. r~ U Item #6 DESCRIPTION Q~PRQPOSED LAND USE Annexation Request -City of Meridian August 28, 1998 The Owner intends to continue to use the site consistent with the present land use descxiptioir provided- in item#5 `4~eseription af~Present Land Use. • ITEMS #7 & #8 PRESENT ZONING AND PROPOSED ZONING Annexation Application -City of Meridian January 12, 1999 The current Ada County zoning classification is RT "Rural Transition". The owner proposes that the subject property have two zoning classifications to reflect the current land use characteristics. The corner lot, lot #4, comprising /_~Lacres is currently improved with two residential dwellings. The owner proposes that this be zoned R 4. The adjacent lot, lot #3, comprising~:SB acres is a partially improved parcel with a church structure measuring approximately 9,000 sq. ft and with the attendant parking and landscaping. ~e remainder of this lot is agriculture. The owner's uhimately expect that this lot be fully develop~tl wit.~1 church related structures. Therefore, the owner proposes that this lot be zoned IrO. IJ-O allows church structures as a permitted use. Furthermore, the recently annexed property owned by the City of Meridian directly across Ustick road to the north is now zoned IrO~. i • Item #9, 10 & 11 ANl~E~ATHTN INQUEST S'PAT~MENT SIiMMARY Annexation Request -City of Meridian August 28, 1998 The Presbytery of Boise believes that the incorporation of its property into the City of Meridian is highly desirable to the church the- City and the;esidents of the City of Meridian. The City of Meridian has recently aimexed a large parcel of propet~y directly to the North of the church property. In doing so, the City of Meridian created a finger extension of its boundaries around the church. From this standpoint alone, t$e Presbytery feels that incorporation of its parcel serves to consolidate the City boundaries. Furthermore, incorporation is consistent with the long range City plan forinco~poration of all parcels within its area of impact. The City o€Meridian public works-will be serving~the new church ~cility with water and sewer service. The City of Meridian zoning.. master plan calls €or residential and limited office development along the Ustick road and Meridian road corridors. The City parcel referred to-abovewill contain a recreational park and a water tank faeil~y. A church facility in this neighborhood is consistent with this type of future development as evidence by current zoning and conditional use permit requirements for this area. It is the intent of the Presbytery of Boise that the new church development, hereina8er referred to as the North Park Fellowship--Presbyterian Church sierve the community in multitude of ways the benefit residents of the City. First and foremost, as a place of worship, as a place- of recreational opportunity and as an outreach to those of the community who are less fortunate. In many respects, this facility will not be a traditional Presbyterian Church. The church seeks to develop stronger ties With the community by designing the facility to accommodate sports programs (both interior and exterior childcare and other outreach ministries. Recreational oppofiunities and childcare have been and continue to be in strong demand for Meridian and this facility will serve that need. • • 'item #16:& #17 OWNER AFFIDAVIT ~~ for ~.exation -Meridian Presbyterian Church A,t~ach~d is ~ ~~~ co X tau affidavit previously signed and submitted to the City of Merid~~. ease ref~+D~'~7igina~i ~le_for the signed affidavit. i • Item # 16 & # 17 O~V1~I*1R AFFIDAVIT Request for Annexation -Meridian Presbyterian Church The Presbytery of Boise does hereby represent that it shall post an official notice, using the form supplied by the City. of Meridian, one week prior to the public hearing for the proposed annexation of the property identified in the documents h,exein. Furthermore, the Presbytery of Boise has andlor will verify that the information contained on the notice and the information contained in the application documents herein are true and correct. STATE QF OREGON ) County of Malheur SS On this day of .1948; before me; the undersigned, a Notary Public in the State of Oregon, personally appeared H. Clifford Looney, known or identified to me to be the President of the Presbytery of Boise and who subscribed his name to the within instrument and acknowledged to me that the executed the same for said Presbytery of Boise. In witness whereof; I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL Notary Public of Oregon My Commission Expires 1 r r. 'V )~ ~ ~ 12~ ('1~d1 ~Nl Niny.~ , J 1 ~ n..i I ~. . •~. .o / 3 ~,.'n - ~ r ~ P CI ~O O °1 ~~ f~ ,r M j~N Y T ~~~ Q ' ~. _ u J M ' ~ ' Q ~: N Z U1 ~t Q~ i ,v ...ice I; ~ N S a r i I I i i '- ~~ ~ ~~ ~ _~ Qtr Q Q' Im i~ i~ Z u rn ~ ~ Z o0 N -_ M Q 0 F- ;~ N ` n c 0 w a W U v 1 3 } Q O v w ~ y = U W U m ~ ~ ~ ~~ ~ ~ 5 e ~ ~~ ~~~ ~~~ ~ # s _, ~~ _ ~~~ ~ ~ ~ o Y m e n ,~~~- _ _ .£ =~~P~ ~ ~ f ~ ~ ~ ~~~m ~, 1 ~ _ --- - - -"~r}~- -- ---~-- ~~ ~ ~I} ~ r ~ {~ ~ c ~`~,1~ C o 0 0 0 ~ Vii; _ ~~~~ ~~~~~ .; I e. I i i _ ~ li i II€ E ~ ~p ~ ® ~ 3 ~~ ~~Y~~ !~ ~ ~~ ~~ 1 ~ II :~° :: .:, it .. `- ~ _aa~a.,~ .~~ ~&4aus eesce ~ rx~.,~c=\ " v J a s~ ~ _ _ >; s~~i I ~~ ," ~ ~~ ~~ e . ~~, ~ ° ~~~ I: ~~ ~ ~ ~ J ~ Q e n `~ \ _ __ y ~ 5 . Y ~ I I e ~ • .r ~ ~ ~~~ ~ ~ .` . ~ $$O Y~I d } ~ :; o ~ ~ ~~~ I I E g e ~' . - n ~ t ;' ~G , g~ ® tr . ® J e N `~ ', a ' e b d .. I a . ~ ~ ~- ------ - ___ ~'~ P ~ ~ P _ , _ s r . ~, ,. .., o o -=-- ~ m a < ~ ~, NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on February 9, 1999, for the purpose of reviewing and considering the application of Meridian Presbyterian Church for annexation and zoning of approximately 7.84 acres of land which is generally located southwest corner of Meridian Road and Ustick Road. The application requests that Lot 3 consisting of 6.72 acres be zoned L-O and that Lot 4 consisting of 1.12 acres be zoned R-4. 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 12th day of January, 1999. PUBLISH January 20 and February 3, 1999. ANGE SIMS, DEPUTY CITY CLERK „ttitFfsl~fr~ra~,. ~~ ,wrtw sr '~~Q ~' k ~ ~ w ~^ w L~ r.. i ~ ~ia~ .~P ~ ~} ,~ %; ~~ _'4:33 r j,.e7~t/ ' ,~~'_v"c* "h~a.~ Jir~~I1f; Al YY1rti~~~,` r. U ~~ - rl~~l~~ ~!!y~ ' L. _...... ... -t 1 i ~„ `J ~ I ~/ MW ~' I ' I ~ ~l ;. ' ~~ j i I i i ~P ~ 1 N t t ~N Ir T Q w W J W `` ~_; ~- ~v Q~ Q Q m m Z u v~ rn ~ °.-' z ao N N Q 0 y, N C O ~- W a W J U ~ N~ 13 } -- Q "' O U • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on March 16, 1999, for the purpose of reviewing and considering the application of Meridian Presbyterian Church for annexation and zoning of approximately 9.14 acres of land which is generally located southwest corner of Meridian Road and Ustick Road. The application requests that Lot 3 consisting of 7.58 acres be zoned L-O and that Lot 4 consisting of 1.56 acres be zoned R-4. 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 24t" day of February, 1999. .. ~ ~`~~~ WILLIAM G. BERG, JR. I LERK PUBLISH February 24 & March 10, 1999 .r~;~~~~ ~4yy ~• c ~- Q ~ 4 r',''~~~~4lip ay1~~~~~~``~ Hi{1t N • 00 Z ~o n 00 ~ z ~ / m J r D a' i ~ 'i i R' ~ A O ~ O w N ~ v RD. AVE . ~ P -~ ~ _ \ O w ~ ~ ~' ~` 'v ~ N w `~.'~ -~ ~ j i; 9' 4 ~ D ~~_ . ~ .{ rn = ~ ~ -» m O~ N N ^~JI N i v ~ ~ ~. N ~ ~ o ~ '1 i v ' N S i N `~ ~ N A i ~. • ~ W 1 ~ ~_ ~ h ~ i . _ 7 1 t. ' 11 .l \n \` C .< 'J M ®~ ~i t N .~ a~ MERIDIAN CITY COUNCIL MEETING:__ APRIL 20, 1999 APPLICANT: PAUL HOFFMAN AGENDA ITEM NUMBER: 8 REQUEST: ANNEXATION & ZONING OF PRESBYTERIAN CHURCH AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 4/6/99 CITY ENGINEER: CITY PLANNING DIRECTOR; CITY ATl'ORNEY: 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 WEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: ~E I~rtAC1-fin ~ ~~DI1.~G-s $~! L ~1 ~~~ ~~ BUREAU OF RECLAMATION: OTHER: All Materials rese ed at ublic meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 19 Rountree: Mr. Mayor I move that we instruct the City Attorney to prepare Findings of Fact and Conclusions of Law and Decision Order that would support the request for conditional use for the home salon. Bird: Second. Corrie: Motion made and second that we have the attorney do the Findings of Fact and Conclusions of Law in support of the conditional use permit. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 11. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ``""~' ZONING OF 9.14 ACRES BY PAULA. HOFFMAN (PRESBYTERIAN CHURCH) - SW CORNER OF MERIDIAN RD., AND USTICK RD: Corrie: I'll open the public hearing and staff report, Shari, Gary. Stiles: Mr. Mayor and Council, I believe the reason this was tabled last time was so they would give the applicant an opportunity to meet with staff and discuss some of the issues as relates to the ordinance requirements. We reached kind of an empass at that meeting that we really don't feel it's a staff decision to negotiate on terms of the ordinance particularly as regards the pedestrian walkways for the requirement for a sidewalk and the tiling of the ditches. Those are ordinance requirements and it would be up to the Council if they want to entertain a waiver of either one of those requirements. The sidewalk I can understand that Ada County Highway District is a little hesitant to require that at this time, because it will require the removal of the existing house, which was a recommendation of the Planning and Zoning Department as a condition of annexation. Our main issue is still with the sidewalk, that is going to be a high pedestrian traffic way with the park going across the street and also it's been observed on Sundays that their parking doesn't appear to meet their need, and there have been occasions where people are parked up and down Ustick Road with no walkway. I think that is a safety hazard. As far as the tiling of ditches, anybody else that comes in, they are required to relocate the existing ditches out of the right-of-way out of future right-of-way and relocate those on to their own property. So I guess our meeting didn't result in anything new and it's up to Council to what they deem to be in the best interest of the city. Corrie: Okay since this is a public hearing I invite Mr. Hoffman or his representative of the church here tonight. Hoffman: Mayor, Councilmen, Paul Hoffman, Boise, Idaho. I hope we haven't worn out our welcome. As Shari indicated we attempted to resolve a couple of these issues. MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 20 There was a suggestion at the last meeting. I believe Mr. Rountree you suggested or asked the question would the church consider bonding the cost of tiling the ditch. And the answer is yes. In speaking to the leadership in the church, their only concern is with the bond language it's still not absolutely clear to us as to who is ultimately responsible for that, but they would be willing to bond for whatever the full value of that is, that work. As long as you know there's some kind of clarification or stipulation that if it's determined that they're not responsible that that cost would be borne by those who are responsible. The ditch is a tough issue because its need seems to be diminishing over time. I submit to you that there are some fields to the east to us and slightly south that once those are improved that ditch, its need may disappear. The part that serves that comes in there at the intersection of Meridian and Ustick Road, it only serves run off drainage from the fields to the north. So it's difficult to shallow the expense of putting in an 18 inch pipe for 1,000 feet when five years from now, it's need could more or less disappear. So anyway that's one consideration. As far as the sidewalks, I think I've shared with you that the church has paid or actually the former owner prior owner of the property posted a - I don't know if bond is the correct term with ACRD. They had a program where you pay for the cost of the sidewalk and they hold it until such time as the road improvements came along, so that remains in place and as far as the original staff recommendations from 3/16, I think we were in agreement to hookup to the water system for the existing two dwellings and I don't believe there were really any other issues other than the sidewalk and the ditch. Corrie: Shari, excuse me, Paul. Did you say they have a development agreement in working or have they not -that was one of the recommendations from Planning and Zoning Commission. Stiles: Mr. Mayor a development agreement has not been developed for this project. Corrie: Council questions? Bird: I have none. Rountree: I have a question, but I'm not sure anybody here tonight can answer it as it relates to the sidewalks and the posting of the bond or prepayment to ACHD for future development. I'm sure Paul can't answer anything as it relates to that. I don't know if Shari or Gary can enlighten us a bit on that at this point. Can we ask ACHD to put the sidewalks in since they've been paid for? Stiles: I suppose we can ask. Typically if they're -we've reached an agreement with Ada County Highway District that if they don't have this section of road within a five year plan a funded five year plan, they will okay the construction of the sidewalk at this time. This is not part of a five year funded project. Their main concern is the responsibility to move the house, which they have some kind of strange agreement that they will do that, MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 21 that they will move the house even though it's already in the right-of-way. It's in the existing right-of-way. So I think that's their main problem, but they are going to have to deal with the issue sooner or later and I just don't understand why they want to put it later. Hoffman: May I interject? While I was visiting with Shari, we did call Larry Sale at ACRD. I asked the question, can we request and receive those funds for the sidewalk and his answer was yes. I would submit to you that the church probably would be willing to do that with the caveat that the house stays. In other words the sidewalk is not going to be able to go all the way to the corner. There's about I don't know 40 or 50 feet there that wouldn't be installed, but we could put in the remainder. (Inaudible) Hoffman: We put a door and the building and walk right through it. Corrie: Any other questions of Paul? Bird: Would somebody explain the house deal? Why is -what is the problem with the house at the end and - Hoffman: There's two dwellings on that corner lot. The house that we call the rental house is a smaller building. It extends approximately seven feet into the existing 33 foot right-of-way. When Robert Strausser, the former owner, subdivided the land creating Strausser Farms Subdivision No. 2, he entered into an agreement with ACHD and the agreement is very -well it's vague in one sense and it's rather concise in another. It just says the ACHD agrees to bear the expense of moving the house and that's all it says, moving the house that's currently in the right-of-way when the road is improved. Now does that mean moving it to the dump? Moving it to somewhere else on our site? You know whatever, it just means moving it. It doesn't even suggest that they have to pay for a new foundation or a new utilities, it just says move it and I'm sure they would interpret it very - Bird: Just very little. Hoffman: Right and I think that the folks at the church understand that. They made a gamble that they thought that the road improvements probably wouldn't happen for a number of years and so anyway they were banking on that agreement. Rountree: Well knowing Bob, his intent was probably just to have it moved on his property somewhere. Corrie: Any other questions? MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 22 Hoffman: By the way if it is zoned R-4 and maybe I don't understand the zoning, but it could be moved to another location on the same lot and still be legal. Corrie: Thank you Paul. Hoffman: Thank you. Corrie: Anyone else would like to enter testimony on this request for annexation and zoning? Okay. Hearing none, Council discussion? Bird: I have none. Corrie: Let me ask a question Counselor. Do we close the public hearing even though they want to have testimony from the Council or is the Council part of after we close it they can still discuss it? They just can't ask questions of the people of the public. Gigray: Mr. Mayor, that's correct. The public hearing is for the purpose of (inaudible) evidence. Once you close the public hearing, then you're into deliberation for decision. Corrie: Okay, I'll entertain a motion to close the public hearing. Bird: So moved. Bentley: Second. Corrie: Motion is made and second to close the public hearing on the request for annexation and zoning.- Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Discussion? Rountree: Where do we go now? Mr. Mayor, it seems to me before we go forward with the annexation and zoning request that we probably ought to fashion a development agreement. I'm sure that's Mr. Gigray's advice to us, and I would throw that's the direction we go that we direct the preparation of a development agreement. That development agreement should reflect certain conditions. In my opinion it should reflect the applicant to seek reimbursement for previously paid monies to ACRD to be directed towards the building and completion of the sidewalks on the site and that the applicant be responsible for bonding for tiling of the ditch at a minimum. I don't have a good solution for the house, but it seems to me that if we could direct the applicant to at least MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 23 negotiate with ACHD on moving the house at this point in time at their expense as they've agreed to, it would probably cost them less to do it today then it will ten or fifteen years from now when they do intersection improvements there, so they may be open to that suggestion as well. Whatever happens there in my opinion the sidewalk should be continuous around that property, and have continuity with the City and the new city park that's going to be developed hopefully in the near future across the street. Those are my thoughts. Bentley: Mr. Mayor I would agree. I would like to see the sidewalks go in and hopefully they get told the proper grades so we don't wind up like we do with so many of these other ones, but wind up a low street grade, and I agree too on the bonding for the ditches. Thank you. Corrie: Any other comments? Bird: I have none. Smith: Mr. Mayor, may I ask a question? On the recommendation of the bonding, is there a time limit that could kie tied to that, and I don't know when you say bonding, typically we ask for letters of credit rather than a bond, and if the letter of credit is your intention then there is a time expiration date that's attached to that letter of credit. Bird: That's right and there's a difference between a letter of credit and a bond. Smith: Yes, sir. I know that what Mr. Hoffman's argument is very rational, but the timing of all of that is like the word temporary, it's kind of unknown. I just don't want to want this thing to get lost and I'm afraid that's will happen over a period of time, because I don't think that's going to happen, the development of that property to the east is not going to happen in the very near future. I don't mean to complicate the issue, but I really feel like it should have some kind of a time schedule put on it and perhaps if a time was attached to that letter of credit, then that time could be extended at the time that that letter of credit comes due. Thank you. Corrie: (Inaudible) (Inaudible) Bentley: Mr. Mayor I move we reopen the public hearing. Bird: I second it. Corrie: Motion made and second that we reopen the public hearing. All those in favor say aye. MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 24 MOTION CARRIED: ALL AYES. Corrie: Okay, reopen the public hearing. Paul, you heard the comments. Bentley: Before that Mr. Mayor question for Counselor. Do we have to move to have Gary's comments entered into the public hearing? Gigray: I think it would be in good form to do so. Bentley: Mr. Mayor I move that we receive Gary Smith's testimony on the ditches into the public hearing for record. Rountree: Second. Corrie: Okay the motion is to enter Gary Smith's comments into the public record. All in favor say aye. MOTION CARRIED: ALL AYES. Corrie: Okay Paul. Hoffman: I would be interested in hearing Mr. Gigray's opinions about the differences between a bond and a letter of credit. Personally I'm not sure I understand in fact I know I don't understand what those differences are. I have a somewhat rudimentary understanding about what a bond is. In fact I was involved with some developments that had a bond set aside for improvements similar to this. I believe it had a three year duration so if somebody has some expertise so that I can share that with the owners. Corrie: Do you want the long version or the short version? Hoffman: The short version is fine. Corrie: (Inaudible) No offense taken Bill. Mr. Gigray I'll let you answer this one. Gigray: There's a difference. Corrie: Does that help you out Paul? Okay we have a -moderate then Mr. Gigray. Gigray: A letter of credit is based on funds that the church would have at the bank. Those funds could be drawn upon by the City if there was a failure on the part of the developer to meet the conditions. If it's a bond, it is written on an insurance company. The insurance company bonds itself up to a certain amount. It will require the church to MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 25 provide it with probably evidence of assets sufficient to cover the bonding company for any payment it might have to make. It's more difficult to collect because you go through kind of an established procedure to collect on bonds, and I would, agree with Gary that letters of credit are preferable because they do, they pay right away. Hoffman: But if I understand you correctly in essence let's say we're talking about a $20,000 worth of improvements. You have to set aside $20,000 and you can't touch that. In other words, it's like you've got to hold that aside you can't do anything with it. Is that what I am hearing? Gigray: Mr. Mayor and members of the Council if you wish me to answer that question, that would be a matter of which one would have to negotiate with the bank upon conditions of which it would issue a letter of credit. My experience with banks which have done this in the past and it's been on numerous occasions is that they usually will provide this kind of opportunity to their customers who have sufficient assets or business with the bank they're willing to do that. It is a vehicle available particularly to those who have funds in banks which are on deposit regularly who have them for investment purposes or otherwise, and they just as long as the fund aren't drawn on, they're getting interest on their money. Hoffman: Well I certainly can share that if that's a stipulation. We discussed specifically bonding the word. If the Council sees fit that they would prefer a letter of credit, I can share that with the leaders of the church and see how they want to proceed. Thank you. Bentley: Mr. Mayor I move we close the public hearing. Bird: Second. Corrie: Motion is made and second that we close the public hearing. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Anyone ready to tackle this one? Bentley: Mr. Mayor point of discussion. Since Mr. Hoffman needs to go back and check with his people on this, do we want to go ahead and move this procedure forward and just hold on to it once we get the development agreement established or do we just want to table this until we get some response back to Mr. Hoffman? MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 26 Rountree: Mr. Mayor, I would suggest that let's move forward with the development agreement. He'll then have that language to discuss with his clients and we can move it on getting some lip service down there, and findings. Corrie: I'll entertain a motion to that effect. Bentley: Mr. Mayor, I move that we instruct the City Attorney to prepare Findings of Fact and Conclusions of Law on the annexation and zoning for the Presbyterian Church and Mr. Paul Hoffman and prepare the development agreement. Bird: Second. Corrie: Motion made and second that we instruct the attorney to draw up the Findings of Fact and Conclusions of Law on the annexation and zoning and prepare the development agreement with the Presbyterian Church and Paul A. Hoffman. Any further discussion? Gigray: Point of clarification if I might Mr. Mayor. Does that include in the conditions as were outlined by Councilman Rountree with the letter of credit? Bentley: Yes. Bird: Yes. Corrie: I would think so. Do we all agree on that one Council? Bird: Yes.. Corrie: Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Thank you Paul. Bentley: Mr. Mayor I move we take a ten minute break. Bird: I second it. Corrie: All those in favor say aye. MOTION CARRIED: ALL AYES. (TEN MINUTE RECESS) 1~~1~$ R~ ~ o~D ARR ~ 6 1999 Cite of 1liericlia~ City Clerk E}i'ficE:: BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF PAUL A. HOFFMAN, FOR THE APPLICATION FOR ANNEXATION AND ZONING OF 9.14 ACRES FOR THE MERIDIAN PRESBYTERIAN CHURCH, MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on March 16, 1999, at 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and Mr. Paul Hoffman, appeared and testified, and no one having appeared in opposition, and the City Council having continued the public hearing until April 6, 1999, and the matter again coming before the City Council for public hearing on April 6, 1999, at the hour of 7:30 o'clock p.m., the Applicant, Mr. Paul Hoffman, having appeared and testified, Shari Stiles, Planning and Zoning Administrator, appeared and testified, and no one having testified in opposition, and the City Council having duly considered the evidence and the record in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / PAULA. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) FINDINGS OF FACT he notice of public hearing on the application for annexation and 1. T as ublished for two (2) consecutive weeks prior to said public hearing zoning w p for March 16, 1999, and continued until April 6, 1999, public hearing scheduled re the Cit Council, the first publication appearing and written notice date, befo Y to ro ert owners or purchasers of record within three hundred having been mailed p P Y e external boundaries of the property under consideration more than (300) feet of th da s rior to said hearing and with the notice of public hearing having fifteen (15) y P n the ro erty under consideration more than one week before said been posted upo p P co ies of all notices were made available to newspaper, radio and hearing; and that p as ublic service announcements; and the matter having been duly television stations p the Cit Council at the March 16, 1999, and continued until April 6, considered by Y blic hearin ;and the applicant, affected property owners, and government 1999, pu g rovidin services within the planning jurisdiction of the City of subdivisions p $ havin been given full opportunity to express comments and submit Meridian, g evidence. There has been compliance with all notice and hearing requirements set 2. Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417A, forth in Idaho Municipal Code of the City of Meridian. e Cit Council takes judicial notice of its zoning, subdivisions and 3. 'rh Y FINDINGS OF FACT AND CONCLUSIONS ~p~CwATION 2 AND DECISION AND ORDONIN~TING FOR ANNEXATION AND CHURCH) PAULA. HOFFMAN (MERIDIAN PRESBYTER-N development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance Establishing the Impact Area Boundary. 4. The supplementary information for annexation and zoning is for the Presbytery of Boise. The church previously submitted an application for annexation and zoning all under R-4 zone, however during the December 8th, 1998, Planning and Zoning meeting the Applicant subsequently requested the property be zoned L- O. This application supplement contains two separate legal descriptions and zoning designations. The first area contains the 7.58 acres where the church facility is located, and the second contains the 1.56 acres where the existing two residences are. The requested zone for the 7.58 acre parcel is L-O and the requested zone for the 1.56 acres is R-4. 5. The property is approximately 9.14 acres in size. The property is located at the southwest corner of Meridian and Ustick Roads. The property is designated as Strasser Farms Subdivision No. 2. 6. The owner of record of the subject property is the Presbytery of Boise, of 201 W. Ustick Road, Meridian, Idaho. 7. Applicant is Paul A. Hoffman, of 3235 North Mountainview Drive, Boise, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / PAULA. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) 8. The property is presently zoned by Ada County as Low Density Residential (R-4), and contains a church under construction, two garages, two homes, and a barn. 9. The proposed .sites of the subject property are Lots 3 and 4, Block 1 of the existing Strasser Farms Subdivision No.2, at the southwest corner of Ustick and Meridian Roads. 10. The Applicant requests that the subject property be designated with two zoning classifications as follows: Lot 4, consisting of 1.5 acres, be zoned Low Density Residential District (R-4), and that Lot 3, comprising of 7.58 acres, be zoned as Limited Office (L-O). 11. The Applicant proposes to develop the subject property in the following manner: With respect to Lot 3 of the subject property, Applicant proposes to continue improvements on the church facilities presently located on the subject property, and eventually convert the remaining irrigated farmland to use for recreational purposes and additional facilities. Lot 4 of the subject property contains a 40' x 30' two story residential dwelling and a 15' x 40' single story residential dwelling. 12. The city limits of the City of Meridian are adjacent and abut to the north of the subject property. 13. The property which is the subject of this application is within the Area FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / PAULA. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) of Impact of the City of Meridian. 14. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 15. The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as Single Family Residential. 16. There are no significant or scenic features of major importance that affect the consideration of this application. 17. The issues of fact, presented at public hearing that were the subject of the presentations, centered upon whether or not to require the present construction of a sidewalk along the frontage of the property along two public roads, known as Meridian Road and Ustick Road. The second issue was whether or not to require the tiling of a ditch that runs parallel to Ustick across the subject property with the applicant's position being that the ditch serves only an adjacent parcel that may be subject to development in the reasonable foreseeable future and that the Ada County Highway District does not require the construction of the sidewalk until the widening of Ustick and Meridian Roads, which will require the moving of a residential structure, which is on the subject property. 18. The church, which is on the subject property is in operation and the operation of the church creates vehicular and pedestrian traffic. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / PAULA. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) 19. The subject property is adjacent to other residential developments and it is anticipated that other residential developments will occur in the area in the reasonable foreseeable future and there is a present public need for sidewalks on the subject property. 20. The tiling of ditches is established policy of the City and required by its ordinances without a granted waiver. This development will include recreational and pedestrian uses, and is in close proximity to the ditch, and it is in the public interest, health and safety to require provisions for the tiling of the ditch. 21. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these findings of fact no. 21, and all subparts, the economic welfare of the City and its residents and tax and rate payers will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 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 comment from the political subdivisions providing services within the City of Meridian planning jurisdiction. Given due consideration to the comment from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / PAUL A. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) imposed: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 21.1 The Applicant must submit two legal descriptions which meet the requirements of the City of Meridian and the State Tax Commission. 21.2 The northernmost home encroaches significantly on existing Ustick Road right-of-way. The home needs to be removed. The home should be allowed to stay until Ada County Highway District widens the roadway and constructs the sidewalk. 21.3 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 1 1-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. The Developer may post a letter of credit in a reasonable amount to be determined by the Public Works Director for a period of time that is considered reasonable by the Public Works Director to satisfy this requirement, and delay the installation of the tiling of the ditch to coordinate with other improvements of the adjacent roads, the removal or moving of the house and the installation of sidewalks upon the subject property. 21.4 A development agreement should be required as a condition of annexation and requested zoning designation. Conditions of annexation should include, but not be limited to: a. Removal of existing house. until Ada County Highway constructs the sidewalk; The home should be allowed to stay District widens the roadway and b. The applicant shall construct upon the subject premises, in accordance with the requirements of the City's ordinances and policy sidewalks, adjacent to Meridian Street and Ustick, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / PAULA. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) applicant may post a letter of credit in a reasonable amount to be determined by the Public Works Director for a period of time that is considered reasonable by the Public Works Director to satisfy this requirement and delay the construction of the sidewalks to coordinate with other improvements of the adjacent roads, the removal or moving of the house and the installation of the tiling of the ditch upon the subject property. c. Applicant to supply proof of dedication of additional needed rights-of-way on Ustick Road and Meridian Road; and b. Connection of existing house to sewer and water and abandonment of private services. Adopt the Ada County Highway District's Recommendations as follows: 21.5 No direct lot access to Meridian Road is requested or approved with this application. The District will review Meridian Road access with any subsequent application. 21.6 Utility street cuts in the new pavement on Meridian Road are not allowed unless approved in writing by the District. 21.7 Provide a 10-foot irrigation easement to the appropriate irrigation company for the future relocation of the irrigation facilities (located on the south side of Ustick Road) a minimum of 45-feet south of the centerline of Ustick Road. 21.8 Construct a 24 to 30-foot wide driveway as proposed, located approximately 540-feet west of Meridian Road. If the Applicant proposes to use the driveway previously approved through Strasser Farms Subdivision No. 2, located approximately 300-feet west of N. Meridian Road on Lot 3, the driveway shall be paved. Pave the driveways their full required width of 24 to 30-feet wide and at least 30- feet beyond the edge of pavement on Meridian Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 21.9 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / PAUL A. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) parcel. 22. It is found that the following are development considerations which must be taken into account, in order to assure the proposed development is designed, constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity, in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise, smoke, fumes, glare and odors: 22.1 Removal of existing house. The home should be allowed to stay until Ada County Highway District widens the roadway and constructs the sidewalk; 22.2 The applicant shall construct upon the subject premises, in accordance with the requirements of the City's ordinances and policy sidewalks, adjacent to Meridian Street and Ustick, and the applicant may post a letter of credit in a reasonable amount to be determined by the Public Works Director for a period of time that is considered reasonable by the Public Works Director to satisfy this requirement and delay the construction of the sidewalks to coordinate with other improvements of the adjacent roads, the removal or moving of the house and the installation of the tiling of the ditch upon the subject property. 22.3 Construct a 24 to 30-foot wide driveway as proposed, located approximately 540-feet west of Meridian Road. If the Applicant proposes to use the driveway previously approved through Strasser Farms Subdivision No. 2, located approximately 300-feet west of N. Meridian Road on Lot 3, the driveway shall be paved. Pave the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / PAUL A. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) driveways their full required width of 24 to 30-feet wide and at least 30- feet beyond the edge of pavement on Meridian Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 23.4 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 1 1-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. The Developer may post a letter of credit in a reasonable amount to be determined by the Public Works Director for a period of time that is considered reasonable by the Public Works Director to satisfy this requirement, and delay the installation of the tiling of the ditch to coordinate with other improvements of the adjacent roads, the removal or moving of the house and the installation of sidewalks upon the subject property. 23.5 The applicant shall construct upon the subject premises, in accordance with the requirements of the City's ordinances and policy sidewalks, adjacent to Meridian Street and Ustick, and the applicant may post a letter of credit in a reasonable amount to be determined by the Public Works Director for a period of time that is considered reasonable by the Public Works Director to satisfy this requirement and delay the construction of the sidewalks to coordinate with other improvements of the adjacent roads, the removal or moving of the house and the installation of the tiling of the ditch upon the subject property. 24. This application requests the zoning designation of the 7.58 acre parcel upon which the church facility is located as L-O Limited Office District: as provided in § 11-2-408 B 7 of the Municipal Code, and this application requests the zoning designation of the 1.56 acre parcel upon which two residences are situated as R-4 Low Density Residential District; as provided in § 11-2-408 B 3 of the Municipal Code, all of which area is designated as single family residential on the "Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / PAULA. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) Comprehensive Plan Generalized Land Use Map Infrastructure Planning Analysis Comprehensive Plan and Map Adopted December 21, 1993". 25. The development of the property as a designation of the 7.58 acre parcel upon which the church facility is located as L-O Limited Office District, and the request of the zoning designation of the 1.56 acre parcel upon which two residences are situated as R-4 Low Density Residential District, as requested by the Applicant, will be compatible to the development in the surrounding area subject to the conditions of development herein found to be reasonable in relation to the requested zones of (L-O) Limited Office District and (R-4) Low Density Residential District and are in accordance with the adoptive Comprehensive Plan of the City of Meridian. 26. There are no major or scenic features of major importance that affect the consideration of this application. 27. The subject annexation requests and zoning designations and proposed development relates and is in compliance with the goals and policies of the Comprehensive Plan of the City of Meridian as follows: 27.1 Goals of the Comprehensive Plan, numbers 2, 5, and 6 at page 5; and 27.2 To maintain the quality of life standards for Meridian as stated under Population Growth, Forecast Needs at page 9; and 27.3 The subject application qualifies as a residential use and under the Comprehensive Plan as a "Parks/Public Facilities" which includes FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / PAUL A. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) churches as set forth at page 21 of the Comprehensive Plan; and 27.4 It is compatible with the provisions of the Comprehensive Plan under the heading, "Land Use" and the sub-heading "Land Use Goal Statement" General Policies §§ 1.5U, 1.8U at page 23, and Residential Policies §§ 2.2U, 2.3U, 2.4U, and 2.5U at page 23; and 27.5 Is compatible with the provisions of the Comprehensive Plan under the heading "Community Design" and the sub-heading "Neighborhood Identity Goal Statement" Policies §§ 6.1U and 6.5U at page 74. 28. The property can be physically serviced with City water and sewer, if applicant extends the lines. CONCLUSIONS OF LAW 1. The City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11- 2-417 provides the City may annex real property that is within the Meridian Urban Service Planning Area as set forth in the City's Comprehensive Plan. 2. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / PAUL A. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted December 21, 1993, Ord. No. 629, January 4, 1994. 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.1 Goals of the Comprehensive Plan, numbers 2, 5, and 6 at page 5; and 4.2 To maintain the quality of life standards for Meridian as stated under Population Growth, Forecast Needs at page 9; and 4.3 The subject application qualifies as a residential use and under the Comprehensive Plan as a "Parks/Public Facilities" which includes churches as set forth at page 21 of the Comprehensive Plan; and 4.4 It is compatible with the provisions of the Comprehensive Plan under the heading, "Land Use" and the sub-heading "Land Use Goal Statement" General Policies §§ 1.5U, 1.8U at page 23, and Residential Policies §§ 2.2U, 2.3U, 2.4U, and 2.5U at page 23; and 4.5 Is compatible with the provisions of the Comprehensive Plan under the heading "Community Design" and the sub-heading "Neighborhood Identity Goal Statement" Policies §§ 6.1U and 6.5U at page 74. 5. The requested zonings of Limited Office District, (L-O) and Low Density Residential District are defined in the Zoning Ordinance at 11-2-408 B. 3. and 11-2-408 B. 7. as follows: ~R-4) Low Density Residential District: Only single-family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / PAUL A. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) incompatible non-residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. (L-O) Limited Office District: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non-residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer system of the City of Meridian is a requirement in this district. 6. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that churches are listed as permitted for churches as permitted uses in the Limited Office (L-O) District. 7. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 8. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / PAULA. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) 9. Idaho law requires that every application for zoning designation upon annexation or rezone, [I.C. § 67-6511] or for conditional use permit [I.C. § 67- 6512(a)] cannot be granted unless it is found that the application is in compliance with the Comprehensive Plan. I.C. § 67-6535 provides the approval or denial of any application provided for in the "Local Land Use Planning Act of 1975" shall be based upon standards and criteria which shall be set forth in the Comprehensive Plan, Zoning Ordinance or other appropriate ordinance or regulation of the City. This section also requires this to be in written form of Findings of Fact and Conclusions of Law that explain the criteria and standards considered relevant and the facts relied upon and explain the justification for the decision. 10. City ordinance § 11-2-417 A has language regarding whether or not an annexation shall necessitate an amendment to the Comprehensive Plan and it also provides: "If the Commission and Council approve an annexation request the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan". 11. Upon annexation, the development of the property is subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 12. Section 11-2417 D of the Zoning and Development Ordinance provides in part as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / PAULA. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / PAULA. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. This application is for annexation and zoning of 7.58 acres where the church facility is located at the southwest corner of Meridian and Ustick Roads. The , property is designated as Strasser Farms Subdivision No. 2. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 2. This application is also for annexation and zoning of 1.56 acres where the existing two residences are located, and located at the southwest corner of Meridian and Ustick Roads. The property is designated as Strasser Farms Subdivision No. 2. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of (L- FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / PAULA. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) O) Limited Office Ordinance for the 7.58 acre parcel which shall not be finally approved by the City Council until provisions of parts 1 and 5 of this order have been met; and 4. That the City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of (R- 4) Low Density Residential Ordinance for the 1.56 acre parcel which shall not be finally approved by the City Council until provisions of parts 2 and 5 of this order have been met; and 5. Owners of subject parcels shall enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian which Development Agreement shall provide for the following conditions of development to-wit: 5.1 The Applicant must submit two legal descriptions which meet the requirements of the City of Meridian and the State Tax Commission. 5.2 The northernmost home encroaches significantly on existing Ustick Road right-of-way. The home needs to be removed. The home should be allowed to stay until Ada County Highway District widens the roadway and constructs the sidewalk. 5.3 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 1 1-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 18 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / PAULA. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) Public Works Department. No variances have been requested for tiling of any ditches crossing this project. The Developer may post a letter of credit in a reasonable amount to be determined by the Public Works Director for a period of time that is considered reasonable by the Public Works Director to satisfy this requirement, and delay the installation of the tiling of the ditch to coordinate with other improvements of the adjacent roads, the removal or moving of the house and the installation of sidewalks upon the subject property. 5.4 A development agreement should be required as a condition of annexation. Conditions of annexation should include, but not be limited to: a. Removal of existing house. The home should be allowed to stay until Ada County Highway District widens the roadway and constructs the sidewalk; b. The applicant shall construct upon the subject premises, in accordance with the requirements of the City's ordinances and policy sidewalks, adjacent to Meridian Street and Ustick, and the applicant may post a letter of credit in a reasonable amount to be determined by the Public Works Director for a period of time that is considered reasonable by the Public Works Director to satisfy this requirement and delay the construction of the sidewalks to coordinate with other improvements of the adjacent roads, the removal or moving of the house and the installation of the tiling of the ditch upon the subject property. c. Applicant to supply proof of dedication of additional needed rights-of--way on Ustick Road and Meridian Road; and d. Connection of existing house to sewer and water and abandonment of private services. 5.6 No direct lot access to Meridian Road is requested or approved with this application. The District will review Meridian Road access with any subsequent application. 5.7 Utility street cuts in the new pavement on Meridian Road are not FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 19 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / PAUL A. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) allowed unless approved in writing by the District. 5.8 Provide a 10-foot irrigation easement to the appropriate irrigation company for the future relocation of the irrigation facilities (located on the south side of Ustick Road) a minimum of 45-feet south of the centerline of Ustick Road. 5.9 Construct a 24 to 30-foot wide driveway as proposed, located approximately 540-feet west of Meridian Road. If the Applicant proposes to use the driveway previously approved through Strasser Farms Subdivision No. 2, located approximately 300-feet west of N. Meridian Road on Lot 3, the driveway shall be paved. Pave the driveways their full required width of 24 to 30-feet wide and at least 30- feet beyond the edge of pavement on Meridian Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 5.10 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 20 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / PAULA. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the annexation and zoning and who may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held April 6, 1999. ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 21 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / PAUL A. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) VOTED VOTED VOTED VOTED VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: City Clerk Dated: msg/Z:\Work\M\Meridian 15360M\Hoffman, Paul\FFCL.frm FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 22 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING / PAUL A. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) Rpr 20 99 06:42a Paul R. Hoffman 2 Baal A. Hof~ixlan ~IOFFMAN CONSULTING 3235 N. Mouatsin view Drive, $oisc, ID 83704 Phone: 208-376-3409, Fax: 208-376-0809 08-376-0809 p.l REC~~D ~;P~ 1,8 1999 CI'i~ OI; :MERIDIAN City Clerk Apni120, l 999 City of Meridian 33 )vast Idaho Meridian, Idaho 83642 Re: Meridian i'resbyterian Chwch Annexation To Whom ~t May Concern: The church leadership has determizted that it cannot proceed with the annexation of its property at 201 W. U'stick road. They have deterrauaed that the costs associated with the requested improvements were not within theix means at this bane. The church leadership will contiaxue to hope and pray that it might jovrt Meridian Ctity some time iua the future. The church will ccmtinuc to operate as lhou,,h it is a member of the Meridian City cozumunity in mind and spirit. Sincer Paul hlfoffm , Project Manager SnccaaUztne in 1'launuw. ncsivn (>ewci~mmrnf .Rr f'nneinir~inn Manao.rn.wr ..f !"`n.r,.,,nr,,;.,, p..,,-,~-,,;,,, APR 20 '99 06 47 208 376 0809 PAGE.01 Paul A. Hoffman HOFFMAN CONSULTING 3235 N. Mountain View Drive, Boise, ID 83704 Phone: 208-376-3409, Pax: 208-376-0809 REcErvED APR 22 1999 CITY OF MERIDIAN City Clerk City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Meridian Presbyterian Church Annexation To Whom It May Concern: Apri120, 1999 The church leadership has determined that it cannot proceed with the annexation of its property at 201 W. Ustick road. They have determined that the costs associated with the requested improvements were not within their means at this time. The church leadership will continue to hope and pray that it might join. Meridian City some time in the future. The church will continue to operate as though it is a member of the Meridian City community in mind and spirit. Sincer Paul Ho n, Project Manager Specializing in Planning, Design Development 8c Construction Management of Commercial Properties WHITE, PETERSON, PRUSS, MORROW &GIGRAY, P.A. ATTORNEYS AT LAW ]USTIN P AYLSWORTH ]ULIE ItLE1N FISCHER WM. F GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS EAIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHEAFORD TERRENCE R. WHITE 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 Email via Internet @ wfg@wppmg.com NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE SOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE IVE~ APR 16 1999 ~~ty a~ a'~leridiaa 'its ~ierk Office April 16, 1999 William G. Berg, Jr., City Clerlc MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: MERIDIAN PRESBYTERIAN CHURCH BY PAUL A. HOFFMAN / ANNEXATION AND ZONING FINDINGS and the DEVELOPMENT AGREEMENT Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of April 6ti', and which are on the agenda for April 20th. I have also attached hereto the Development Agreement for the above matter. After the Council meeting of April 20, 1999, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners for signatures. If you have any questions please advise. Very yo s, ~~ m. .Gig ay, I msg\Z:\Work\M\Meridian 15360M\Hoffman, Paul\FFCL and DevAgtClk.ltr DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Presbytery of Boise, an Idaho corporation THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and PRESBYTERY OF BOISE, an Idaho corporation, hereinafter called "DEVELOPER", whose address is 1821 Idaho Avenue, Caldwell, Idaho 83605. 1. RECITALS: 1.1 WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or developer make a written commitment concerning the use or development of the subject property; and 1.3 WHEREAS, CITY has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, DEVELOPER has submitted an application for annexation and zoning of the Property's described in Exhibit A, and requested a designation of , (Municipal Code of the City of Meridian); and 1.5 WHEREAS, DEVELOPER made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - 1 1.6 WHEREAS, record of the proceedings request for annexation and zoning designation of the subject Property held before the Planning ~ Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 20th day of April, 1999, has approved certain Findings of Fact and Conclusions of Law in decision and order, set forth in Exhibit B, which are attached hereto and by this reference incorporated as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the DEVELOPER enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 DEVELOPER deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, CITY requires the DEVELOPER to enter into a development agreement for the purpose ensuring that the property is developed and the subsequent use of "the Property" is in accordance with the terms and conditions of this development agreement, herein been established as a result of evidence received by the City in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT - 2 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. USES PERMITTED BY THIS AGREEMENT: 3.1 ,The uses allowed pursuant to this Agreement are those uses allowed under CITY's Zoning Ordinance codified at Section Municipal Code of the City of Meridian. 3.2 DEVELOPER agrees that this Agreement specifically allows only the uses and/or conditional uses described in the above referenced Zoning Ordinance on the date thereof and which uses are specifically incorporated herein. 3.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4. DEVELOPMENT IN CONDITIONAL USE: DEVELOPER has submitted to CITY an application for conditional use permit, and shall be required to obtain the City's approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the Property that require a conditional use permit. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 DEVELOPER shall develop subject Property including the obtainment of the appropriate permits and compliance with CITY ordinances regarding the building permits and other life safety codes applicable to such development in accordance with the following special conditions: 5.1.1 Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de- annexation, with the City of Meridian which provides for the following conditions of development to-wit: DEVELOPMENT AGREEMENT - 3 5.1.1.1 The Applicant must submit two legal descriptions which meet the requirements of the City of Meridian and the State Tax Commission. 5.1..1.2 The northernmost home encroaches significantly on existing Usticlc Road right-of-way. The home needs to be removed. The home should be allowed to stay until Ada County Highway District widens the roadway and constructs the sidewalk. 5.1.1.3 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 1 1-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approvals 1 ubmitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. The Developer may post a letter of credit in a reasonable amount to be determined by the Public Works Director for a period of time that is considered reasonable by the Public Works Director to satisfy this requirement, and delay the installation of the tiling of the ditch to coordinate with other improvements of the adjacent roads, the removal or moving of the house and the installation of sidewalks upon the subject property. 5.1.1.4 A development agreement should be required as a condition of annexation. Conditions of annexation should include, but not be limited to: a. Removal of existing house. The home should be allowed to stay until Ada County Highway District widens the roadway and constructs the sidewalk; b. Provision of pedestrian walkways (5-foot-wide sidewalks) along Meridian Road and Ustick Road, as well as throughout the development; DEVELOPMENT AGREEMENT - 4 c. Applicant to supply proof of dedication of additional needed rights-of-way on Ustick Road and Meridian Road; and d. Connection of existing house to sewer and water and abandonment of private services. 5.1.1.5 No direct lot access to Meridian Road is requested or approved with this application. The District will review Meridian Road access with any subsequent application. 5.1.1.6 Utility street cuts in the new pavement on Meridian Road are not allowed unless approved in writing by the District. 5.1.1.7 Provide a 10-foot irrigation easement to the appropriate irrigation company for the future relocation of the irrigation facilities (located on the south side of Ustick Road) a minimum of 45-feet south of the centerline of Ustick Road. 5.1.1.8 Construct a 24 to 30-foot wide driveway as proposed, located approximately 540-feet west of Meridian Road. If the Applicant proposes to use the driveway previously approved through Strasser Farms Subdivision No. 2, located approximately 300-feet west of N. Meridian Road on Lot 3, the driveway shall be paved. Pave the driveways their full required width of 24 to 30-feet wide and at least 30-feet beyond the edge of pavement on Meridian Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 5.1.1.9 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 6. INSPECTION: DEVELOPER shall, immediately upon completion of any portion or the entirety of said development of the Property, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in DEVELOPMENT AGREEMENT - 5 accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon failure of DEVELOPER or DEVELOPER's heirs, successors, assigns, to comply with the commitments contained herein within two (2) years, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone shall occur unless CITY provides written notice of any failure to comply with this Agreement to DEVELOPER and DEVELOPER fails to cure such failure within six (6) months of such notice. The two (2) year period of time for compliance may be extended by CITY for just cause and upon notification for such by DEVELOPER, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. 8. REQUIREMENT FOR RECORDATION: CITY shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPER'S cost, and submit proof of such recording to DEVELOPER, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the CITY shall execute and record an appropriate instrument of release of this Agreement. 9. ZONING: CITY shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 10. DEFAULT 10.1 In the event DEVELOPER, DEVELOPER's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connections with the Property, this Agreement may be modified or terminated by the CITY upon compliance with the requirements of the Zoning Ordinance. DEVELOPMENT AGREEMENT - 6 10.2 A waiver by CITY of any default by DEVELOPER of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of CITY or apply to any subsequent breach of any such or other covenants and conditions. 11. REMEDIES. This Agreement shall be enforceable in any court of competent jurisdiction by either CITY or DEVELOPER, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 11.1 In the event of a material breach of this Agreement, the parties agree that CITY and DEVELOPER shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time within such failure may be cured shall be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 11.2 In the event the performance of any covenant to be performed hereunder by either DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 12. SURETY OF PERFORMANCE: The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure that installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. DEVELOPMENT AGREEMENT - 7 13. CERTIFICATE OF OCCUPANCY: The DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 14. ABIDE BY ALL CITY ORDINANCES: That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. 15. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Presbytery of Boise, an Idaho Corporation H. Clifford Looney 1821 Idaho Avenue Caldwell, ID 83605 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 15.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 16. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. DEVELOPMENT AGREEMENT - 8 This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 17. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including CITY's corporate authorities and their successors in office. This Agreement shall be binding on the owner of the Property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. CITY agrees, upon written request of DEVELOPER, to execute appropriate and recordable evidence of termination of this Agreement if CITY, in its sole and reasonable discretion, had determined that DEVELOPER has fully performed its obligations under this Agreement. 19. INVALID PROVISION. If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein, except that if an provision of this Agreement is held not valid which DEVELOPER's development of the Property, DEVELOPER may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve all parties from any obligations hereunder. 20. FINAL AGREEMENT. This Agreement sets forth all promises, inducements, agreements, condition and understandings between DEVELOPER and CITY relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between DEVELOPER and CITY, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to CITY, to a duly adopted ordinance or resolution of CITY. DEVELOPMENT AGREEMENT - 9 20.1 No condition herein provided can be modified or amended in connection other than as provided for herein and after public hearing by the City Council, in accordance with the notice provisions provided for zoning designation or amendment under enforcement at the time. 21. EFFECTIVE DATE OF AGREEMENT. This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT - 10 ACIQVOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Presbytery of Boise, an Idaho corporation BY: H. Clifford Looney President Attest: BY RESOLUTION NO. CITY OF MERIDIAN BY: MAYOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. ey/Z:\Work\M\Meridian 15360M\Hoffman, Paul\DevelopAgr.Frm DEVELOPMENT AGREEMENT - 11 STATE OF IDAHO ) :ss COUNTY OF ADA) On this day of , in the year 1999, before me, a Notary Public, personally appeared H. Clifford Looney, known or identified to me to be the President, of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. (SEAL) Notary Public for Idaho Commission expires: STATE OF IDAHO ) :ss County of Ada ) On this day of , in the year , before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Notary Public for Idaho Commission expires: DEVELOPMENT AGREEMENT - 12 EXHIBIT A Legal Description Of Pro~ert~ DEVELOPMENT AGREEMENT - 13 Y i Legal Description `~ tract of land desc.:oing Lot s of Strasser Farms Subdi~~sion No. 2 located in a ponion of Gove:nmeac Lot 1. Secnon 1. To«•nsitip . ~`orth, Rangy*e 1 Vves'~ Boise ~~Ie:idian Ada Counn~, Idaho. desribed as follows: Commencins at a found Brass Cap monumentina the ~torrheast Cornet of said Section 1. said Brass Can being the °O[\ i OF BEGi~viNG. thence alone the easterly line of said Secnon 1, said e^sleriv line also being the cenre:iine of ~+orth ~•feridian Road. S 00°1''24" ~V. a distance of'_?6?1. to a Dou1t: thence. (ea~zn~~ said easreriv line. \ 39°19'1:" ~%, a distance of X0.00 fee to a point or, the westerly ri~sht-of- ~ti•av of tiorih Meridian Road: thence lea~~ins said westerly right-of-wav, \ 39° 19'1.i" ~~'. a distance of Z-0.35 fees to a 'r'ound li=" steel pin with can: thence, ~ 00°1 x'24" G_ a d15IaIlce of 19=?1 feet. to a found 1/"' steel pin wish cap on the southerly rishl-of- wav of West Usticlt Road: thence leaving said sourheriy right-of-wav. ~ 00°1"'?4" " a distance of ~ x.00 feet to a point on the norche:iv_ line of said Secnon 1. said northe~:ly line also beins the centerline of 1~%esI C,~stic: Road: thence along said northerly line, S 39°19'4." E. a aistance of 300.34 feet to the POI;ti i OF BEGINMNG. The above described tract of land containins 1.So acres. more or less, subject to all esistins easemeau and runts-of; Vday, either recorded or unrecorded. EXHIBIT "A" TO DEVELOPMENT AGREEMENT '~ Legal Description `~ .~. tract of land desc:ibin~ Lot 3 or"SQasse: Farms Subdivision No. ? locared in a porrion of Government Lot 1, Secaon 1. Township .North. Range 1 West, Boise Yteridian..~da County, Idaho, described as follows: Cottuneac:n~~ at a found Brass Cap monumenting the Northeast Corner of said Section 1, thence aion~_ the easterly line of said Szcaon 1, said esteriv line also bein~_ the centerline of ~iorth Meridian Road, S 00°1-'2?" «'. a distance of 235.4 feet to a point. said point being the POINT OF BEGtti~1iNG; thence contintiimz along said easterly Line, S 00°17'2?" V~', a distance of 200.? fee to a point; thence leaving said easterly line, N 89° I9' 19" W, a distance of X0.00 feet. to a found ~;8" ste~i pin with cap on the westerly right-of-way of ~lotih Vie:idian Road: thence leaving said westerly right-of-wav_ , \~ 89°19' l9" ~L', a distance of 90=.~ 1 feed to a found ~i8" steel pin with cap; thence, V 00° 1 7'2?" E, a distance of 393.38 feet. to a found ~i8" steel pin with cap on the southerly tiger-of- wav of West Ustici: Road: thence leaving said southerly nsht-of--way, N 00°17'2?" E. a distance of 33.00 feet to a point on the northerly line of said Section 1, said northerly line also being the centerline of West L~stic~ Road: thence along said northerly Line, S 89°19'43" E, a distance of 632.67 feet, to a point: thence leaving said nottite~ay Iine, S 00°17'24" W, a distance of X3.00 feet, to a found lr"?" steel pin with can on the southerly right-of-wav West listici: Road: thence leaving said southerly line, S 00°17"'4" ~', a distance of 19:.34 feet to a found 1/2" steel pin with cap: thence. S 89°19'13" E, a distance of 270.85 fee- to point on the westerly right-of-wav of ~lorth vteridian Road; thence leaving said westerly right-or-way, S 89°19'?3", a distance of :0.00 feet. to the POIIv-T' OF BEG iI~l i~IiNG. The above described tract of land containing 7. ~8 acres, more or less, subject to ail e.Yisting e:se:neats and n~hts-of-Way, either recorded or unrecorded. EXHIBIT "A" TO DEVELOPMENT AGREEMENT EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of A~~roval DEVELOPMENT AGREEMENT - 14 WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW ]USTIN P. AYLSWORTH ]ULIE KLEIN FISCHER WM. E GICRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERPORD TERRENCE R. WHITE 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288.2501 Email via Internet @ wfg@wppmg.com April 16, 1999 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE IEIVEQ APR 161999 ~:~lc~~ ~° ~'X~Iridian t',itt~f ~;1~a~1~ Office L(~D A~1 William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 Re: PAUL A. HOFFMAN /PRESBYTERIAN CHURCH / ANNEXATION AND ZONING ORDINANCE Dear Will: Please find enclosed the above ordinance for the annexation and zoning for the Meridian Presbyterian Church by Paul A. Hoffman. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning are adopted, and the Development Agreement has been signed by the representative of the church. Also, the Development Agreement will need a Resolution by the church for signature by Mr. H. Clifford Looney, as President of the corporation. Also, please note in Section 5 you will need to fill in the date when the Development Agreement has been executed. If you have any questions arise, please advise. Very truly u , Wm. F. Gigr y, II C // ~~ msg~Z:\Work\MUvleridian 15360M\Hoffman, Paul\Clerk on Ord Ltr.wpd RECEIVED APR 16 1999 CITY OF MERIDIAN L`it3' of Meridian Ctty Clerk Office ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAT THE OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED FOR LOT 4, CONSISTING OF 1.5 ACRES LOW DENSITY RESIDENTIAL DISTRICT (R-4) AND LOT 3 CONSISTING OF 7.58 ACRES LIMITED OFFICE (L-O); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYORAND 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: LOT 4 FOR LOW DENSITY RESIDENTIAL DISTRICT (R-4) ZONING: A tract of land describing Lot 4 of Strasser Farms Subdivision No. 2 located in a portion of Government Lot 1, Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found Brass Cap monumenting the Northeast Corner of said Section 1, said Brass Cap being the POINT OF BEGINNING, thence along the easterly line of said Section 1, said easterly line also being the centerline of North Meridian Road, S 00°17'24" W. a distance of 226.24 feet, to a point; MERIDIAN PRESBYTERIAN CHURCH /PAULA. HOFFMAN ANNEXATION AND ZONING ORDINANCE thence leaving said easterly line, N 89°19'43" W. a distance of 30.00 feet, to a point on the westerly right-of-way of North Meridian Road; thence leaving said westerly right-of-way, N 89°19'43" W. a distance of 270.85 feet to a found 1/a" steel pin with cap; thence N 00° 17'24" E. a distance of 193.24 feet, to a found I/a" steel pin with cap on the southerly right-of-way of West Ustick Road; thence leaving said southerly right-of-way, N 00°17'24" E. a distance of 33.00 feet to a point on the northerly line of said Section 1, said northerly line also being the centerline of West Ustick Road; thence along said northerly line, S 89°19'43" E. a distance of 300.84 feet to the POINT OF BEGINNING. The above described tract of land containing 1.56 acres, more or less, subject to all existing easements and rights-of-way, either recorded or unrecorded. LOT 3 FOR LIMITED OFFICE DISTRICT (L-O) ZONING: A tract of land describing Lot 3 of Strasser Farms Subdivision No. 2 located in a portion of Government Lot 1, Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found Brass Cap monumenting the Northeast Corner of said Section 1, thence along the easterly line of said Section 1, said easterly line also being the centerline of North Meridian Road, S 00°17'24" W. a distance of 226.24 feet, to a point being the POINT OF BEGINNING, thence continuing along said easterly line, S 00°17'24" W. a distance of 200.25 feet, to a point; thence leaving said easterly line, N 89°19'19" W. a distance of 30.00 feet to a found 5/8" steel pin with cap on the westerly right-of-way of North Meridian Road; thence leaving said westerly right-of-way, N 89°19'19" W. a distance of 903.51 feet to a found 5/8" steel pin with cap; MERIDIAN PRESBYTERIAN CHURCH /PAULA. HOFFMAN ANNEXATION AND ZONING ORDINANCE thence N 00°17'24" E. a distance of 393.38 feet to a found 5/8" steel pin with cap on the southerly right-of-way of West Usticlc Road; thence leaving said southerly right-of-way, N 00°17'24" E. a distance of 33.00 feet to a point on the northerly line of said Section 1, said northerly line also being the centerline of West Ustick Road. thence along said northerly line, S 89°19'43" E. a distance of 632.67 feet to a point; thence leaving said northerly line, S 00°17'24" W. a distance of 33.00 feet to a found 1/2" steel pin with cap on the southerly right-of-way West Ustick Road; thence leaving said southerly line, S 00°17'24" W. a distance of 193.24 feet to a found 1/z" steel pin with cap; thence S 89°19'43" E. a distance of 270.85 feet to point on the westerly right-of-way of North Meridian Road; thence leaving said westerly right-of-way, S 89°19'43", a distance of 30.00 feet to the POINT OF BEGINNING. The above described tract of land containing 7.58 acres, more ore less, subject to all existing easements and rights-of--way, either recorded or unrecorded. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District (R-4) and Limited Office (L-O). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. MERIDIAN PRESBYTERIAN CHURCH /PAULA. HOFFMAN 3 ANNEXATION AND ZONING ORDINANCE SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of 1999. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The 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. MERIDIAN PRESBYTERIAN CHURCH /PAULA. HOFFMAN 4 ANNEXATION AND ZONING ORDINANCE PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 1999. MAYOR ATTEST: CITY CLERK msg\Z:\Work\M\Meridian 15360M\Hoffman, PauIWZ. ORD.WPD MERIDIAN PRESBYTERIAN CHURCH /PAULA. HOFFMAN 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 Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. _, passed by the City Council. of the City of Meridian, on the day of , 1999, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerlc of the City of Meridian. WILLIAM G. BERG, JR. STATE OF IDAHO, ) County of Ada, ) ss. On this day of , in the year 1999, before me, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN ~ ~ ~RO~ERTY OWNER LIST Request for Annexation and Conditional Use Permit Meridian Presfayterian Church 201 W. Ustick f~oad, Meridian Idaho Note: All Property Qyuner's within linear feet of the subject property. No. Parcel # Name Address 83642 Meridian Id k Rd ti 1 39201910200 John ~ Leta Barton . ., c ,355 W. Us 2 3 51201110256 S1201110260 Donald & Wanda Palmer P.O. Box 363, Meridian Idaho 83642 4 S1201120615 Robert Canton 445 W. Ustick Rd.t Meridian Idaho 83642 5 R8113~2441Q Izanial ~ Caleate t 2675 N. M~ri~an R ., Maridian Idaho 53542 ~ 6 88189820070 Raliegh & Ida Sweet 3001 N. Meridian 8d., Meridian Idaho 83642 7 82037050010 Dennis Bramble 82 E. EasttxoolC Gt., Meridian Idaho 83642 8 82037050020 Bradely & Natalie Shreeve 112 E. Eastbrook Ct., Meridian Idaho 83642 9 82037050030.. Bradely 8 Noleen Michaelson 128 E, Eastbrook Ct„ Meridian Idaho 83642 10 82037050040 Paul 8~ Jacqualine White 156 E. Eastbrook Ct., Meridian Idaho 83642 Meridian Idaho 83642 EaSttxnok C~. 178 E 11 12 82037050050 82037050060 Gary 8~ Janet Day- Lonnie Hicks , , 185 E. Eastbrook Ct., Meridian Idaho 83642 13 R2037Q54S?7Q Steven & Qir~ Brink 17@ E. Eaaktx~lc fit., Meridian Idaho X42 14 82037050080 Frank Castillo & Donna Lamlxecht 157 E. Eastbrook Ct., Meridian Idaho 83642 15 82037050090 Wesley Rogers 129 E, Easttxpok Cat„ Meridian Idaho 83642 16 82037060100 Richard Gallion 113 E. Eastbrook Ct., Meridian Idaho 83642 17 R203706011Q ,Timothy Hawley 83 E. Eastl?rngk Ct„ Meridian Idaho 83642 Meridian Idaho 83642 Meridian Rd 3080 N 18 S1106222634 Theodore & Cynthia Williams ., . Meridian 8~i., Meridian Idaho 83642 3080 N 19 51106222636 Gray Lawrence ; Meridian Rd., Meridian Idaho 83642 2980 N 20 21 S1106222656 S1101i222678 Richard 8~ Glrzria Fem . 2790 N. Meridian Rs~., Meridian Idaho 83642 22 50531336210 McBriney Property Trust 1162 Bentoak Lane, San Jose C~ 95129 23 $043644.9662- city of Meridian 33 E. Idaho Avenue, Meridian Idaho 83642 i ~~ MERIDIAN CITY COUNCIL MEETING: APRIL b 1999 f APPLICANT: PAUL A. HOFFMAN AGENDA ITEM NUMBER:_I ~___ REQUEST: ANNEXATION AND ZONING OF PRESBYTERIAN 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: COMMENTS SEE ATTACHED MINUTES FROM 3/16199 ~r ~~- a~ ~~ ~~~ , ~L~~ ~ a~'` US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials esented at public meetings shall become property of the City of Meridian. 5 eQ,Q~~ ~R,u.Q ~A,~... r Meridian City Council March 16, 1999 Page 24 M Corrie: Bill, do you have any comments that you want to make or any additions or corrections? Any discussion of Council? Rountree: I have none. Corrie: Hearing none, I'll entertain a motion on the final plat for Tumble Creek No. 3 Subdivision. Bird: Mr. Mayor I move that we approve the final plat for Tumble Creek No. 3 Subdivision by Stubblefield Construction Company with staff comments. Bentley: Second. Corrie: Motion made by Mr. Bird second by Mr. Bentley to approve the final plat Tumble Creek No. 3 with the conditions and comments of staff. Any further discussion on Tumble Creek No. 3 final plat? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: I'll entertain that motion now Mr. Bentley. Bentley: So moved. Corrie: Motion made and second we have a five minute break. All in favor say aye. MOTION CARRIED: ALL AYES. Corrie: Okay, I'll reconvene the City Council meeting. 16. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 9.14 ACRES BY PAUL A. HOFFMAN (PRESBYTERIAN CHURCH) - SW CORNER OF MERIDIAN RD., AND USTICK RD: Corrie: At this time I will open the public hearing and ask staff comments on the request for annexation and zoning. Stiles: Mr. Mayor and Council this is a request for annexation and zoning with two separate zoning designations. One would be the R-4 and the other would the L-O. That is where the church is located. We have requested that a development agreement be required for this. We have asked what the reason for the annexation was. We've been told by the applicant's representative that they desire to be a part of the City of Meridian. However they take exception to some of our ordinances and do not want to provide sidewalks or the the existing ditches. There's also the issue of the existing ~~ L~ Meridian City Council March 16, 1999 Page 25 house that is in the right-of-way at this time. Staff recommendation was that it be removed. The Planning and Zoning Commission's recommendation was that it should be allowed to stay until Ada County Highway District constructs the roadway at Ustick. Those are the major issues as we see them. I saw that we had a memo from Gary Smith saying that if the two existing structures haven't been connected to sewer and water, that needs to be done and we still feel the tiling of the ditches is appropriate to request at this time. Corrie: Okay thank you. Gary, comments? Smith: Mr. Mayor and Council members, I don't have any comments other than the interoffice memo that I passed out. I think you have that in front of you this evening. Unless you have any questions of me on those comments. Corrie: Okay this is a public hearing. I invite anybody who would like to testify in this request in favor of the annexation and zoning to come forward. PAUL HOFFMAN 3235 MOUNTAIN VIEW DRIVE, BOISE, IDAHO Hoffman: Hello again. I'm trying to make this easy and clean as possible. I'd like to respond to a couple of the items. I'm looking at the staff report and the recommendation from Planning and Zoning. As you can see we're looking for two different zones. The church is permitted by right in the L-O zone. We requested the R- 4zone based on the conversation with the planning staff and I hope I'm not in error on that, but the fact that there were two dwellings, residential dwellings there. The legal descriptions requested were submitted prior to the Planning and Zoning meeting. If they need copies, I'd be happy to provide them. In fact I brought copies. In terms of the home, I think the Planning and Zoning staff was convinced, let me back up. We met with Ada County Highway District, a gentleman there, Mr. Steve Snead who is no longer employed by Ada County Highway District. But he stood before Planning and Zoning, and he recommended to them that the church not put in the sidewalk at this time until such time as the road is widened and improved. Furthermore the former owner, Bob Strausser, placed a bond with Ada County Highway District for sidewalk all along the entire Meridian Road frontage, so the cost of those improvements or at least at the time or the estimated cost has already been placed in the form of a bond with the Ada County Highway District and Ada County Highway District is saying don't put the sidewalk in. We'll probably have to move it. The same logic and I'll get down to it applies to the ditch that runs parallel to Ustick Road at that point. Also the former owner entered into an agreement with Ada County Highway District that at the time that the road is widened that the building would be moved that ACHD would bear the cost of moving that building out of the right-of-way. One of the requirements relates to that right-of--way and from the planning staff, they're recommending that the full I think it's 40 foot right-of-way or 45 be dedicated to Ada County Highway District and in fact it was in M Meridian City Council March 16, 1999 Page 26 M 1995 with Strausser Farms Subdivision No. 2, copy of that plat I have here all but the last 226 feet which is the frontage of the lot one on the corner and the reason it was not annexed is because of that building. ACRD did not want to accept the right-of-way or the expansion of the right-of--way until such time as the building was relocated. The owner of the property has no objection to granting the right-of--way. You know we just look to ACHD for that. Anyway, here's a copy of that and here's a copy of the description. In terms of the irrigation ditches, I have not specifically requested a variance on behalf of the owner. Perhaps I have been remiss. Maybe I don't understand the process. I guess I assumed that a variance request wouldn't make sense until such time as it was actually under the jurisdiction of Meridian City, and maybe I'm in error. The Ada County Highway District has stated in the same vein as the sidewalk they would prefer us not the the ditch running parallel with Ustick Road until such time as the road improvements go in. Because they're going to have to move them anyway. If we the the ditch where it is, it would be under the roadway and they would want to move it out of the roadway. (End of Tape) Hoffman: ...that parallels the south, parallels Ustick Road on the south frontage, that would be our position in keeping with ACHD's recommendation. Now, there is also an interior raised concrete ditch that is actually above grade that intercepts a ditch that runs along-another raised ditch that runs along the sidewalk of Meridian Road. So it comes down into the property and heads west for some distance. Again, that is raised and Ada County has already written a letter to me stating that they wouldn't require us to fence ditches, that was one of the conditions of the conditional use when we did the church because of the fact that the ditch is raised and it's doesn't pose a hazard. Furthermore, the church spent or installed about 550 feet of piping to intercept that particular drainage ditch in the area of the site that they developed. They will submit to you as the site gets further developed that would continue and they would pipe more of that ditch, but it does not seem to pose a hazard at this time. So if a variance is required on the ditch, fine, that would be-the church wouldn't object to applying for that, but they would like a variance. The existing residential units are already connected to the sewer system, they are not connected to the water system. The owner has no objection to making that change as requested. I think that addresses all the conditions that either the staff comments or Planning and Zoning recommendations. Rountree: Would the owners of the property be willing to bond for the ditch tiling that would be adjacent to Ustick? I can understand why ACHD doesn't want it tiled, because when they acquire the right-of--way and widen the road, they would have to replace the tiled ditch. If it's not tiled, then they are going to replace an open ditch. Our intent with that and the city is that be closed. So again, would the owners be willing to bond for that? Hoffman: I'm going to answer that in two ways, if I may. The clean answer would be probably. I haven't specifically asked them that. The money answer is I have not been Meridian City Council March 16, 1999 Page 27 able to establish, in fact right now, there is nobody who owns or operates that ditch. In fact, most of that ditch from the corner or Meridian and Ustick to the point where we intercepted the irrigation water is merely a drain that is under nobody's jurisdiction per say and about the only time there is water in it is either at the high irrigation season, or maybe when it's raining quite a bit. It seems to be that the water level keeps droppin as less and less farm land is irrigated. I realize that-I don't know the law on this on g whose responsibility or who owns that ditch, I've been told that because it's on the property of the church that it's their responsibility, which may very well be the case. I'm sure they would consider bonding for those improvements, but I think they would want to feel more comfortable with whose responsibility it truly is. If it's Ada County Highway District or the property owner, because the right-of-way has actually been deeded to Ada County, in fact that ditch is now within that deed. It's not merely an easement. Rountree: So they own it. Hoffman: That would be my take on it. (Inaudible) Rountree: Thank you. Corrie: Does anybody else wish to testify in favor of the project? Anybody who would like to testify against the project? Any questions the council needs to ask of anybody? I'll entertain a motion to close the public hearing on Item No. 16. Anderson: So moved. Bentley: Second. Corrie: Motion made by Mr. Anderson, seconded by Mr. Bentley to close the public hearing on item no. 16 request for annexation and zoning by Paul A. Hoffman. Council, questions or discussion on the request for annexation and zoning? Hearing none, I will entertain a motion to either continue the public hearing or accept the recommendation of the Planning and Zoning Commission or modify the recommendations. Anderson: I would just throw out for discussion that it seems like the issues that Paul brought up are very valid ones. I think they have merit to them and I don't know if staff has anything else that they want to add on why we would not want to look at some of those. Corrie: Any other discussion on comment? Bird: I have none. M M Meridian City Council March 16, 1999 Page 28 Corrie: Mr. Anderson do you want to modify the recommendations anyway or continue the public hearing? Anderson: I guess I would like to see staff work on modifying some of those conditions based off of the information that Paul presented to us tonight. I guess in particular the issue about the sidewalks and the ditch. It doesn't make any sense to put those in if Ada County Highway District is telling us that they would just as soon not have them in at this point. (Inaudible) Bentley: I would agree with Councilman Anderson. We've run into this before with-I don't know why, it seems to (inaudible) up with the churches. We get the sidewalks put in and they are in the wrong place and they wind up being ripped back out. If ACHD is stating that they don't want to-prefer we didn't have them put in at this time, then I feel the same way Ron does and definitely don't want to be tiling a ditch in the middle of a road. I would agree with what he is saying there. Corrie: Mr. Gigray any words of wisdom on how they would approach that? Gigray: Mr. Mayor and members of the council, I'm looking at the recommendations to the City Council from the Planning and Zoning Commission item 1.8B at page 4 says provision for pedestrian walkways five foot sidewalk, five foot wide sidewalks along Meridian Road and Ustick Road as well as through out the development. The sidewalks should not be required until widening of the road occurs or within a five year funded project. I guess that might need some clarification as to whether or not that would be required within five years or at such time as the road is widened. There isn't a bonding provision in there for that and as far as legal liability with regards to ditches, the land owner in Idaho has the right to reconstruct or move ditches to different locations so long as they don't impede the flow of the water. I suppose this is an issue with regards to what you are going to require as a development amenity for granting the zoning request and the annexation. If the applicant could establish factually that they didn't have a legal right to do anything to the ditch, then that would be relevant evidence to that question. Corrie: If I'm hearing right, it's 1.8B, you could strike out to within a five year funded project and make that sidewalk should not be required until widening of the road occurs. Gigray: That would be correct. Bentley: The question would be should we require bonding for that or does this statement stand alone? ~J Meridian City Council March 16, 1999 Page 29 ~, Gigray: Mr. Mayor and members of the council, if you wish a response just from a staffing standpoint, a legal standpoint. The problem-there are remedies available to the city by a development agreement. I think part of the recommendation from the Planning and Zoning Commission was to have a development agreement. A development agreement provides for de-annexation for failure to comply, it also provides for a specific performance remedies, would even be some provisions in our development agreement for bonding as it relates to putting in of improvements that could be dealt with I would think at a staff level with regards to what would be allowed. You will need to open the public hearing and... Corrie: Public hearing reopen it, but because the testimony has already been done and closed. Gigray: My point is just what you would want to require in this regard, what you would find. If you don't feel comfortable with it you can continue it, I don't think we are under any time-this is the first time this has been back here and request that the developer and staff need to see if a couple of these points could be worked out with a subsequent presentation of public hearing at the next council meeting, which it would just continue the public hearing, wouldn't have to re-notice it. Bentley: In that case we would have to re-open the public hearing. Gigray: Yes, before you close this evening. Bentley: Is time an issue? (Inaudible) Bentley: I would move that we reopen the public hearing. Rountree: Second. Corrie: Motion made by Mr. Bentley and seconded by Mr. Rountree to reopen the public hearing, further discussion? Hearing none, all those in favor of the motion say aye? MOTION CARRIED: All ayes. Corrie: Public hearing is re-opened. r Meridian City Council March 16, 1999 Page 30 M Bentley: I would move that we continue the public hearing till 4/6/99 and instruct staff and Mr. Hoffman to get together and see if we can't work an agreement on some of these issues. Bird: Second. Corrie: Motion has been made and second to continue the public hearing until April the 6tn, any further discussion? Since it's still on the public hearing (inaudible) does that meet with your approval of a two week period then? Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Public hearing will be continued to April the 6tn on item no. 16. ITEM NO. 17: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 10.02 ACRES FOR PROPOSED YUKON SUBDIVISION BY JAMES AND KAREN HOLLISTER: Corrie: This has been a request by the-I believe by Becky Bowcutt--excuse me, I must open the public hearing in case we have somebody who would like to testify on this. So at this time I will open the public hearing on item no. 17 and is there anyone from the public who would like to testify at this time? I'll entertain a motion to continue the public hearing on item no. 17 to April the 6cn Bird: Mr. Mayor I move that we continue the public hearing on the Yukon Subdivision by James and Karen Hollister until the meeting of 4/6/99. Anderson: Second. Corrie: Motion made by Mr. Bird, seconded by Mr. Anderson to continue the public hearing on item no. 17 until April the 6tn. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. Corrie: Item no. 17 the public hearing will be continued to April the 6cn ITEM NO. 18: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR STORAGE OF ENTERTAINMENT EQUIPMENT IN A PORTION OF THE GARAGE AND TWO TRAILERS IN THE BACKYARD OF ROBIN WALKER D/B/A JUKEBOX PARTY EXPRESS-821 E WILLOWBROOK: Dec 21 98 01:36p Paul A. Hoffmah • 208-376-0809 P~t1tI f~. 1'~offlll~t(l • HOF~~MA~t CONSULTING 3'?35 N. Mountain Vicw Uti~fc, 6oisc, ID K37(~ (2f)f3) 376-3a(~ E-mail: psr33fi41K~~?acil.cc>m Facsimilc # 2U8-37G-0809 FA.CSIMIL~ z~o: ~ ~ ~e,~~ ~ • 3i~Z~ rnx # X137• ~S ~3 _..L~-(~ Gi ~2K PICT # ~: d• N nl ~ X ~1 V ti ~4%y ~~ DA"1'E: r7LG Z t , S L L~?I JS'~ l~Ct3~f:~GZtD~1~[ G~t~iZCt-l ~# PAGES:_,_ 7~ PTLOJk;CI": tie-. _ ~.l~t.Gd' D~ rI ~P~ ' COMMENTS: c0 Vt~t7 Yv ~ M e ~ f' ~ y ?~~~~~r-t s~ ~r,Z W 4-r A- i ~'r Nt ~ ti C -rTJ S~`( ~~ ~(r~ C ~ ~ti .~ GP ~ loci ~Q~ SIT -.l D ZoAI ~ G --~ a ~G ~ ~l ~' ~ yo V M l G•+~f' ~2~~Lt- W;G G ,r~ C /~'r P G~I~t, Original Will Follow by Mail Original Wi11 Not Follow S~x~'rrli~in~ in Planrtin~, po:a2n I~c~•cl<rrmant:~nJ Cun;~tru~'tum M~na~;CittCm ~~( Cunur~t;rc~al f'ropcrtirs p. i DEC 21 '98 13 38 208 3?6 0809 PAGE.01 Dec zl 98 01:36p ~~ Hoffma!- • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian Laws of the State of Idaho, that the City Council of the City of Meridian will hold and the hearin at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the a public 9 f 7:30 .m. on January 5, 1999, for the purpose of reviewing and considering the hour o P a licataon of Meridian Presbyterian Church for annexation and zoning of pp a roxirnatelY 7.84 acres of land which is generally located southwest corner of/ pP Meridian Road and Ustick Road. The ap lication requests no zone change. articular description of the above property is on file in the City ClerKs A more p at Meridian City Halt, 33 East Idaho Street, and is available for inspection during office regular business hours. A copy of the application is available upon request. Any and all interested ersons shall be heard at said public hearing and the public is welcome and invited to P submit testimony. DATED this 14`" day of December, 1998• PUBLISH Decernbec 18 and 30, 1998 ti~~~ WIL.~IgN1 G. BERG, JR., I CLERK • ~~~~~'~ '~~ {~ T~ r,. $~~ - ., ~''.,,~~~1ivM 11,~`~~~~, p.z DEC 21 '98 13.39 208 376 0509 PAGE.02 i ~ MERIDIAN CITY COUNCIL MEETING: MARCH 16, 1999 APPLICANT: PAUL A. HOFFMAN AGENDA ITEM NUMBER: 16 REQUEST: ANNEXATION AND ZONING FOR PRESBYTERIAN CHURCH AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM P 8, Z 2/9/99 CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED RECOMMENDATION FROM P 8, Z CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: REVIEWED CITY BUILDING DEPT: CITY WATER DEPT: REVIEWED MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH; REVIEWED NAMPA MERIDIAN IRRIGATION: REVIEWED 6 SETTLERS IRRIGATION: ~i ~~ IDAHO POWER: ~j US WEST: t ~ r p~'~J INTERMOUNTAIN GAS: ~~r' BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLA~~1G AND ZONING FEBRUARY 9, 1 c~ PAGE 103 MOTION CARRIED: All ayes. Rossman: Just a moment. Keith just amended the motion, he needs a second on the amended motion. MacCoy: I'll second the motion. De Weerd: Do you want to add the rest of the comments or only staff or does that include all comments? Nelson: I'd like to rescind my motion. MacCoy: You've got to rescind the second now. De Weerd: Do you rescind your second? Borup: I sure do, Nelson: Did you have some issues above what the... De Weerd: No, just to include all the comments, all the attached comments. Nelson: I would like to make a motion that we recommend approval for the preliminary plat for Meridian Greens Subdivision to include all the staff comments, (Inaudible). Borup: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Good thank you. ITEM NO. 9: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING ~a _. OF 9.14 ACRES BY PAULA. HOFFMAN - SW CORNER OF MERIDIAN RD. & USTICK RD: Stiles: Chairman MacCoy, commissioners, you may recall this has been before you before. We had a little bit of a problem with the entire property being zoned L-O because of the uses that could be permitted there and the office use is not permitted there, at least not encouraged by the Comprehensive Plan and the fact that there are existing residential units on the lot, on the corner, which would not be permitted in an L-O zone. So they are back, they are proposing the L-O zone MERIDIAN PLAN~G AND ZONING FEBRUARY 9, 1999 PAGE 104 for the parcel that the church is located on and the second lot right at the corner is now proposed to be an R-4. That's basically why you are seeing this again. You have already passed it on to City Council once, they sent it back to you. MacCoy: That's right. Any comment from Bruce? Freckleton: Chairman MacCoy and members of the commission, I did go through and check the legal descriptions that were submitted for this new supplemental packet and they do appear to be correct and meet all of our requirements. So I don't have any problem with it. MacCoy: Well, I will know open the public hearing and the applicant can come forward. I'm assuming that must be you. PAUL HOFFMAN, 3235 N MOUNTAIN VIEW DR., BOISE, ID. Hoffman: I'm here to answer any questions. MacCoy: You have nothing you want to say at this time? Hoffman: No sir. MacCoy: Commissioners do you have any thing you want to ask him? Well, you can sit down. I guess you are getting a free trip, waited all this time for this. All right commissioners what is your discussion, do you want to close the public hearing, do you want to... De Weerd: I move that we close the public hearing. Nelson: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: Now what are you going to do? De Weerd: I would move that we recommend the annexation and zoning of 9.1-cancel that. Okay, I move that we approve the annexation and zoning of 7.84 acres from R-4 Ada County to R-4 Meridian City, hmm. Let's try this again. One more try, third time is a charm, right? I move that we recommend the annexation and zoning of 7.58 acres to L-O and 1.56 acres to R-4, City of Meridian. Borup: Second. MERIDIAN PLA~G AND ZONING FEBRUARY 9, 1999 PAGE 105 De Weerd: Oh, I didn't move to incorporate comments that were submitted. Do you want to withdraw your second? Borup: I will withdraw my second. De Weerd: Okay I add that to my motion. Borup: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. ITEM N0.10: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A HOME SALON BY TINA SAYKO - 310 E. BROADWAY: MacCoy: Staff? Stiles: Chairman MacCoy, commissioners this is a request for a home occupation of an in home hair salon at 310 E. Broadway with the exception that the applicant is already operating. The main concerns we have are-staff doesn't particularly have real concerns about the lack of off street parking, Ada County Highway District, however, has put some pretty extensive requirements on paving the alley, and replacing curb, gutter, sidewalk on Broadway. We have had a similar request for an in home salon further down on Pine, if you will remember. She had to go through some pretty extensive renovations, had to make it handicap accessible, had to put in a parking lot. I think we need to be consistent in our requirements, but there is no off street parking in this proposal right now. MacCoy: That was also an one chair operation too Stiles: So either, I think the applicant should probably be required to get a variance from the off street parking requirement, just out of fairness to the other people that have gone through exactly the same thing and had to put in parking, put in their handicap ramps and that's all that I have. MacCoy: Bruce do you have anything? Okay, we will open the public hearing. Tina, you can come forward if you are not already asleep. TINA SAYKO, 310 E. BROADWAY, MERIDIAN, ID. Sayko: So what do I need to do, apply for a variance. I don't have off street parking and I did talk to Ada County Highway District and told them what is going MERIDIAN PLANNING AND ZONING MEETING: FEBRUARY 9. 1999 APPLICANT: PAUL A HOFFMAN ITEM NUMBER: 9 REQUEST: ANNEXATION 8~ ZONING OF 9.14 ACRES AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES 01/05/99 SEE ATTACHED INFORMATION CITY ENGINEER: ~ C~. CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: REVIEWED REVIEWED REVIEWED SEE ATTACHED COMMENTS REVIEWED REVIEWED ~~ ~~~ ~~c~~l~ OTHER: All Materials presented at public meetings shall become properly of the City of Meridian. ~~"~ r HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT B C il M b CITY OF MERIDIAN ounc ers em PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (2os> 8s7-221 t RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD ~jI~ LIJ~~r ~.~/~_~~ DEPARTMENT (208) 884-5533 F E B - 5 1999 MEMORANDUM: CITY OF iVIERIDLANN February 5, 1999 To: Planning & Zoning Commission, Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer Re: Request for Annexation and Zoning of 7.84 Acres from Ada County R 4 to Meridian City R-4 (Lots 3 & 4, Block 1, Strasser Farms Subdivision No. 2) by Paul A. Hoffman I have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: This supplemental information for annexation and zoning is for the Presbytery of Boise. The church previously submitted an application for a annexation and zoning all under R-4 Zone, however during the December 8"', 1998 Planning & Zoning meeting the applicant subsequently requested the property be zoned L-O. This application supplement contains two separate legal descriptions, and zoning designations. The first area contains the 7.58 acres where the church facility is located, and the second contains the 1.56 acres where the existing two residences are. The requested zone for the 7.58 acre parcel is L-O, and the requested zone for the 1.66 acres is R 4. I have checked the two legal descriptions for annexation and zoning included in the supplemental, and they appear to meet the requirements of the City of Meridian, and State Tax Commission. Hoffinansupplemenial.AZ.doc • RECEI~/ED MAR 11 1999 City of Meridian City Clerk Office BEFORE THE PLANNING AND ZONING COMMISSIOi~ IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 7.84 ACRES BY PAUL A. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) SOUTHWEST CORNER OF MERIDIAN ROAD AND USTICK RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately 9.14 acres in size. The property is located at the southwest corner of Meridian and Usticlc Roads. The property is designated as Strasser Farms Subdivision No. 2. 2. The owner of record of the subject property is the Presbytery of Boise, of 201 W. Ustick Road, Meridian, Idaho. 3. Applicant is Paul A. Hoffman, of 3235 North Mountainview Drive, Boise, Idaho. 4. The property is presently zoned by Ada County as Low Density Residential (R-4), and contains a church under construction, two garages, two homes, and a barn. RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING -PAUL A. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) • 5. The proposed sites of the subject property are Lots 3 and 4, Bloclc 1 of the existing Strasser Farms Subdivision No.2, at the southwest corner of Usticlc and Meridian Roads. 6. The Applicant requests that the subject property be designated with two zoning classifications as follows: Lot 4, consisting of 1.5 acres, be zoned Low Density Residential District (R-4), and that Lot 3, comprising of 7.58 acres, be zoned as Limited Office (L-O). 7. The Applicant proposes to develop the subject property in the following manner: With respect to Lot 3 of the subject property, Applicant proposes to continue improvements on the church facilities presently located on the subject property, and eventually convert the remaining irrigated farmland to use for recreational purposes and additional facilities. Lot 4 of the subject property contains a 40' x 30' two story residential dwelling and a 15' x 40' single story residential dwelling. 8. The city limits of the City of Meridian are adjacent and abut to the north of the subject property. 9. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 10. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING -PAUL A. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) • Comprehensive Plan. 11. The Meridian Comprehensive Plan Generalized Land Use Map designates the subject property as Single Family Residential. 12. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations: 1.1 This supplementary information for annexation and zoning is for the Presbytery of Boise. The church previously submitted an application for annexation and zoning all under R-4 zone, however during the December 8th, 1998, Planning and Zoning meeting the Applicant subsequently requested the property be zoned L-O. This application supplement contains two separate legal descriptions and zoning designations. The first area contains the 7.58 acres where the church facility is located, and the second contains the 1.56 acres where the existing two residences are. The requested zone for the 7.58 acre parcel is L-O and the requested zone for the 1.56 acres is R 4. 1.2 The Applicant must submit two legal descriptions which meet the requirements of the City of Meridian and the State Tax Commission. 1.3 The Meridian Comprehensive Plan designates this area as single-family residential. Although the requested zone of R-4 would be consistent RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING -PAUL A. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) with this designation, commercial uses, and churches, are specifically prohibited in the R-4 zone. Statements made in the application are inconsistent with the Meridian Comprehensive Plan, such as the statement that "The City of Meridian zoning master plan calls for residential and limited office development along Usticlc Road and Meridian Road corridors." Limited office use is not currently supported in this location. 1.4 The northernmost home encroaches significantly on existing Ustick Road right-of-way. The home needs to be removed. The home should be allowed to stay until Ada County Highway District widens the roadway and constructs the sidewalk. 1.5 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 1 1-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.6 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 1.7 Sanitary sewer and water service is being provided to the church facility. 1.8 A development agreement should be required as a condition of annexation. Conditions of annexation should include, but not be limited to: a. Removal of existing house. The home should be allowed to stay until Ada County Highway District widens the roadway and constructs the sidewalk; b. Provision of pedestrian walkways (5-foot-wide sidewalks) along Meridian Road and Usticlc Road, as well as throughout the development. The sidewalks should not be required until widening of the road occurs, within afive-year funded project; c. Applicant to supply proof of dedication of additional needed RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING -PAUL A. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) rights-of-way on Usticlc Road and Meridian Road; and d. Connection of existing house to sewer and water and abandonment of private services. Adopt the Ada County Highway District's Recommendations as follows: 1.9 No direct lot access to Meridian Road is requested or approved with this application. The District will review Meridian Road access with any subsequent application. 1.10 Utility street cuts in the new pavement on Meridian Road are not allowed unless approved in writing by the District. 1.11 Provide a 10-foot irrigation easement to the appropriate irrigation company for the future relocation of the irrigation facilities (located on the south side of Ustick Road) a minimum of 45-feet south of the centerline of Usticlc Road. 1.12 Construct a 24 to 30-foot wide driveway as proposed, located approximately 540-feet west of Meridian Road. If the Applicant proposes to use the driveway previously approved through Strasser Farms Subdivision No. 2, located approximately 300-feet west of N. Meridian Road on Lot 3, the driveway shall be paved. Pave the driveways their full required width of 24 to 30-feet wide and at least 30- feet beyond the edge of pavement on Meridian Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 1.13 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. The Planning and Zoning Commission further advises: 1.14 The Applicant should be apprized that they need to request a variance for tiling the ditches on the subject property. Z:\Work\M\Meridian 15360M\Hoffman, Pau1~1Z.Rec RECOMIVIENDATION TO CITY COUNCIL - 5 ANNEXATION AND ZONING -PAUL A. HOFFMAN (1~EP~ PRESBYTERIAN CHURCH) • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE LEGAL DEPARTMENT A Good Place to Live (208) s8a-a26a Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BU(LD~NG DEPARTMENT (_08)887-__Il GLENN BENTLEY MERIDIAN, IDAHO 8364 ~r~ RON ANDERSON PLANNING AND ZONING Phone (208) 888-4433 • Fax (208) 88~~ KEITH BIRD 1999 OZnRA884 5533 JAN22 City of Meridian ~'~tv t:'.1erk +.~ffic~~ 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: February 2 1999 TRANSMITTAL DATE: January 19, 1999 HEARING DATE: February 9, 1999 FILE NUMBER: REQUEST:SUPPLEMENTAL INFORMATION-ANNEXATION 8~ ZONING OF 9.14 ACRES BY: PAUL A. HOFFMAN LOCATION OF PROPERTY OR PROJECT: SW CORNER OF MERIDIAN ROAD AND USTICK ROAD _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORN EY _CITY ENGINEER _CITY PLANNER CITY FILES 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 D TMENT ADA COUNTY (ANNEXPy~IO~I~E YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT , , B C CITY OF MERIDIAN ouncil Members PUBL[C WORKS CHARLES ROUNTREE 33 EAST IDAHO - BUILDING DEPARTMENT GLENN BENTLEY 1~ , ~~ MERIDIAN, IDAHO 8364~,~~!F' I-~->L'.r (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 8 4813 PLANNING AND ZONING JAN ~ 1 ,L'C?q DEPARTMENT KEITH BIRD (20R) 884-5533 City of i'~Zeridian ~',it:v t^'ica'k. ~1it'ice. 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: February 2, 1999 TRANSMITTAL DATE: January 19, 1999 HEARING DATE: February 9, 1999 FILE NUMBER: REQUEST:SUPPLEMENTAL INFORMATION-ANNEXATION 8~ ZONING OF 9.14 ACRES BY: PAUL A. HOFFMAN LOCATION OF PROPERTY OR PROJECT: SW CORNER OF MERIDIAN ROAD AND USTICK ROAD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORN EY _CITY ENGINEER _CITY PLANNER CITY FILES 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) 1 ~ ~~ 9 ~ YOUR CONCISE REMARKS: i o./ HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT o ~n it M m « CITY OF MERIDIAN (208) 884-4264 PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887 22 ~ 1 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 2, 1999 TRANSMITTAL DATE: January 19, 1999 HEARING DATE: February 9, 1999 FILE NUMBER: REQUEST:SUPPLEMENTAL INFORMATION-ANNEXATION & ZONING OF 9.14 ACRES BY: PAULA. HOFFMAN LOCATION OF PROPERTY OR PROJECT: SW CORNER OF MERIDIAN ROAD AND USTICK ROAD _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES REcE~D JAN 2 5 1999 CIS' Q~" M~AF1~1~.N MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (AN,,N//EXATION) YOUR CONCISE REMARKS: /~Ol~ r~'~s' ;~a~ c~+. "/8tc~ ~u~rlnte~ci:~,,l ~GLLG ~OGLi2~(~~J~"C~f2Gl/GLG~ ~C~~~"LC~ Sherry R. Huber, President 318 East 37th Street Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner a-mail: tellus achd.ada.id.us RE~~E~~ JAN 2 9 1999 City of Meridian 33 East Idaho Meridian, ID 83642 RE: MAZ-O1-99 CITY OF MERIDIAN Meridian Road/ Ustick Road January 27, 1999 On April 10, 1997 the Ada County Highway District Commissioners acted on 96-58-CU the conditions and requirements also apply to MAZ-O1-99. If you have any questions please fell free to call me at 387-6170. Sincerely, Stev of Developme t Analyst cc: Project file Chron file August 26, 1996 Revised April 10, 1997 Paul A. Hoffman 950 W State St Boise ID 83702 Re: Staff Level Approval 96-58-CU 3165 N. Meridian Rd Construct a church facility Facts and Findings: A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting conditional use approval to construct a 9,160-square foot building. The 7.84-acre site is located at the southwest corner of Ustick and Meridian Road. This development is estimated to generate 50-150 (50 during the weekday and 150 on the weekend) additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. This site is Lot 3, Block 1, of Strasser Farms Subdivision No. 2. Two driveways were approved on Ustick Road through the preliminary plat of Strasser Farms Subdivision No. 2. The first driveway was located approximately 150-feet west of N. Meridian Road on Lot 4, and the second driveway was located approximately 300-feet west of N. Meridian Road on Lot 3. The applicant is proposing a third driveway on Ustick Road approximately 540-feet west of Meridian Road. District policy requires a 185-foot offset between driveways. The location of the proposed driveway is in compliance with District Policy. C. The application and site plan received by Ada County and submitted to the District on August 12, 1996, has been reviewed by the ACRD Development Services staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This item will not be heard by the ACRD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Development Services staff decision is submitted as described within the Standard Requirements outlined below. The following requirements are provided as recommendations for conditions of approval to Ada County: Site Specific Requirements: - -- , - - , 2. - - - - , Note: The required right-of-way has been previously acquired by the District through Impact Fee Offset Agreement No. IFA-19-95, except for an area in which a building encroaches into the needed right-of--way. The District will defer acquisition of this area until the area is needed for the widening of Ustick Road. (L.Sale, 04/10/97) 3. No direct lot access to Meridian Road is requested or approved with this application. The District will review Meridian Road access with any subsequent application. 4. Utility street cuts in the new pavement on Meridian Road are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file member) for details. 5. Provide a 10-foot irrigation easement to the appropriate irrigation company for the future relocation of the irrigation facilities (located on the south side of Ustick Road) a minimum of 45-feet south of the centerline of Ustick Road. 6. Construct a 24 to 30-foot wide driveway as proposed, located approximately 540-feet west of Meridian Road. If the applicant proposes to use the driveway previously approved through Strasser Farms Subdivision No. 2, located approximately 300-feet west of N. Meridian Road 9658CU.SLA Page 2 • • on Lot 3, the driveway shall be paved. Pave the driveways their full required width of 24 to 30-feet wide and at least 30-feet beyond the edge of pavement on Meridian Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 7. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: This decision of the Development Services Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by an owner of property within 300-feet of the parcel within 15 calender days from the date of this report. The req~iest shall species requirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calender days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 9658CU.SLA Page 3 • • 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Development Services staff at 345-7662. Sincerely, Larry Sale Development Services Supervisor cc: Project file Lead agency 9658CU.SLA Page 4 Return to: ^ Boise ^ Eagle Rezone # ~~~`~~~~~ ~/7~~~-~s s~/Cv2,/~v~ of~Eris~iar, aN~~/S%iS~~ Garden city Conditional Use # .® Meridian ^ Kuna Preliminary /Final /Short Plat ^ ACZ I . We have No Objections to this Proposal. ~ Q ~ ~ 7 ~~g~ ^ 2. We recommend Denial of this Proposal. Cil~ ~F ~' RID ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. ^ I I. ^ 12. Street Runoff is not to create a mosquito breeding problem. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 15. Date: ~/ .~ 9~ Reviewed By: i} cDND ID/91 ~~, rev. I/95 Review Sheet CENTRAL CEI~RAL DISTRICT HEALTH DEPARfiMENT •• DISTRICT Environmental Health Division ~HEAETH DEPARTMENT ~ ~ RECE~~~ FEB - 4 1999 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RE: SupplementalInformation/Annexation & Zoning of 9.14 Acres for Paul A. Hoffman (Strasser Farms Subdivision No. 2) Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application concerning the annexation and zoning. Sincerely, ~~L%(~ ~~=i r Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1 February 1999 r ._ ~„ ~ ~ 0 ~~ ~ ~ R _~ 4 ~ _ ~ ~~ ~~~ ~~ ~~ a ~~ ~ ~ ~ e ~s ~ i e ~ ~ Q ! ~ 3 ~ ~ ~~ [[F ~ _ Z 200 ~~~ ° ~ ~ Y _ 2 O K i oLL~m I ~ ~ i"'iuPr ~ I ~ u ..~o, I I .~ S r - ~~-r}~- -- --- ~-- 1 ' ~j ~ ~ ' ~ ~~~ ~ . ~ I - . ~ 0 o 0 o 0 : 0 o ~~~ ~ ~ . . - a ~ ~ ~ ~ _ .; ~ ~ I 1 ~ ,~. ~ I i ; ~ _ ~ I, _ 1 $ ~. a ~ I ~ ~~ ~ ~ ~~ ~ ~ ~ ~ ;g ® ~ ~ ~ 5 3 ~ ~ I I. ' c I, ~ ~ I Y ~ ; g~ eg• p ~~~3~ . ~ ~ 5 g I. I~ I i i 8~~„ { ~~ ~ s ~ ~~~ 8~ ! ~ ~ ~ ~ ~ ~ a q ~ e ~ ~ . ~ ~ ~ i ~ ~ M ~ . 1l~~ E ~ ~ L= ° +A J 1 1 A I ~ [ " ~ I I ~ I - as _ .. as + £ p ~ \; .~ ... I 1 I w I ~ ~ Q ~I j ° ~ YF o ~ ;;~~ ~ :~ ~ V I I ~ I I ~ ~ ~ _ ~ ` .~ ~ I ___~ g ~ e ~ L 'tea L1 ~ 5 :~: I 4 ~ t I li I ! ; ~ •- ~ I Q ~ I 1 f I I I I I ~~~ ~ ® e -_ i I /^ I ~~~ 1 I ~ ~ e Q d 5 e i E l i ~ i ~~ ~ t B , g t '. I 11 I I~ I~ ~ I ~ .I !~ ~ ' 1 I ~ ® t N ' g I f d b ICI i I I ~ ~ to e~ e ~ ~- ------ --- P ~i. P ~ I ~ 1 1 a....r 0 ~ - -'-- a . ~ 0 u 12~ (~1~d1 ~Nl -+tny~ , L. _.. ... _~ . J I 1 ~ i ~._ 1 ~. I i •~ i rn II ~~ `^. ~ W M ~.~ J ~ ~~. P m ` ~~ 1 ~ O m .-+- •i ~ L ~~ Da v ~ J a w ~ .. . .~_:_. . ..._. ~.~~_._~_ N M ., o F-- 1 O ~~ N C O W ~V ~ r. ~~v )' I ~~; ~~ :~ ~ _~ Q~ Q Q ~m ~~ i~ z rn ~ °i z o0 N 4 O U 1 nteroffice Memo oat.: March 16, 1999 Ta MAYOR 8~ COUNCIL Ca file • From GARY D. SMITH, PE RE: MERIDIAN PR~BYTERIAN CHURCH -RECOMMENDATIONS FROM P8Z TO COUNCIL I cannot find any record that the two original, and e~asting, structures on this property have connected to Meridian sewer and water. This needs to be done. The assessments are due along with the reimbursement of costs to provide the service stubs to the property. P8Z made a pant to advise this applicant that they need to request a variance for tiling of ditches. Apparently this applicant doesn't feel tiling the ditches is an appropriate requirement. Any request for variance from this requirement must conform to the limitations of the ordinance allowing variances. Memo To: From: Re: 3~(~~0~~ Please find endosed a copy of the Recommendation to the City Coundl of the Planning and Zoning Commission on the above referenced pplication. Please note his matter will be heard before the Ci Council on the day of , t tY 1999. The City Council request that you be prepared at the hearing to spedf~cally address the Recommendations of the Planning and Zoning Commission. If you disagree with those recommendations, please state which ones and the reasons. If you propose any additional recommendations, conditions, etc., please prepare your recommendations in writing so you may submit the same to the City Coundl at the hearing. The Coundl appredates your attention to this request. It will assure that the Council has the benefit of understanding your position in this matter and it will help limit the need for testimony. r~ f. Meridian City Council January 5, 1999 Page 33 ~J Corrie: Motion made by Mr. Rountree second by Mr. Bentley on the motion to have the Findings of Fact and Conclusions of Law as stated in the motion. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: All ayes. ,~ 19. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 7.84 ACRES BY PAULA. HOFFMAN (MERIDIAN PRESBYTERIAN CHURCH) - ' SOUTHWEST CORNER OF MERIDIAN ROAD AND USTICK: Corrie: At this time I will open the public hearing and invite any staff reports. (Inaudible) Gigray: I have submitted to you Mr. Mayor and members of the Council a memo regarding this particular agenda item. My review of this file in preparation for this meeting, I have some concern regarding the action the Planning and Zoning Commission has recommended a designation of L-O, limited office district, and I believe the application was submitted for a low density residential district, which is R-4. That would be a material change in the notice that would have been provided for the public hearing before the Planning and Zoning Commission, which the requirements of Idaho Code are that you have to renotice the public hearing, and I believe the process should also include that there were going to be hearing and a recommendation of limited office district that the applicant should make an amendment to their application for that district. I recommend in this memo a procedure as you will see under recommendations for the Mayor and Council to follow in this matter to ensure number one that I have interpreted the record appropriately which I believe that Shari Stiles, Planning and Zoning, as well as the City Clerk could answer those questions, and then you may want to determine if the applicant has a representative here, what their position about amending their application, and then I recommend that you remand it back to Planning and Zoning. That the applicant amend their application, that there would be a staff report on the amended application which of course one of the analyses that we have to have is whether or not the application and the zoning designation is in conformance with the comp plan, and also that notice is given to the neighboring property owners as well as to the published notice of the zoning designation that would be recommended and sought, and I must disclose for the record that I'm a Presbyterian and a member of Boon Memorial Presbyterian Church. I make this recommendation (inaudible). Corrie: City Clerk, Planning and Zoning are these facts stated correct? What we have in this file I guess that it was advertised L-O and people had the neighboring property owners was R-4? Is that correct? Stiles: It was advertised as R-4. Bird: This being ran through as an L-O now? w Meridian City Council January 5, 1999 Page 34 Corrie: (Inaudible) r~ Berg: Mr. Mayor and members of the Council, the application did have R-4. My understanding is with confrontation with the Planning and Zoning Director during public hearing processes that they thought an L-O zoning would be more appropriate, but the application does have an R-4 zoning. If I'm not mistaken, I thought that was the conversation at the hearings. Corrie: All right. Is the applicant here? I guess - Hoffman: Paul Hoffman, 3235 N. Mountain View Drive, Boise, 83704. Mayor and Councilmen, I want to ask Shari when I made the application I believe that you pointed out in the hearing that the zoning I indicated on there didn't exist for Meridian, because on the application I took a zoning classification from Ada County at which point then the discussion because okay, what is the appropriate zoning application for this location, and at that time it was brought to my attention that the parcel across the street, which is the new park was an L-O zone and also in the zoning book a church is a permitted use in an L-O zone and for those two reasons we said okay well let's make it an L-O zone, and that's where that went. Was that accurate? Stiles: The request was made for an R-4 zone, however, churches are not permitted in that zone. But we did discuss was it an L-O would permit a church. However I think that we probably need to look at a split zoning for because I don't think it's appropriate that we would zone that corner L-O because it's not intended for an office development and that's not the use that you are proposing. You are proposing a residential development so we may be looking at a split zoning that you need to apply for. Hoffman: Thank you. Did you folks understand that the corner lot is like one plus acres, so anyway that particular issue, that's my understanding. However the Council recommends we proceed, I believe I would be open to that. Gigray: Mr. Mayor, members of the Council, I just want to augment my advice here, and I think this is the first time since I've been here this type of issue has come up and just not only for this situation, but for future direction the Planning and Zoning and for the City Council, I always think it's best that the applicant, that the Planning and Zoning Commission make their rulings on the applicant's application. Either they recommend that it be or not recommend. You can receive this as a recommendation of denial of their application of R-4 and then proceed with the public hearing on that basis. The reason for my instruction here was so that the applicant understood that the better application or that they ought to amend their application when you remand it back then they can take appropriate action to amend it so when Planning and Zoning takes it up again, it's under a new application, and what has happened in this instance is I believe Meridian City Council January 5, 1999 Page 35 • this has caused some confusion which is understandable. No one has intended anything by that is that you get notices that go out to one that says it's a public hearing for an application for limited office and another one goes out saying that it's for an R-4 and anytime there's a material change in an application you have to renotice everything to whatever that change is. Hoffman: Are you speaking to the notice that's posted on the building? Gigray: There's a number of notices. There's a notice on the building. There's a notice to affected property owners within 300 feet, and there's also a notice that's published in the paper, and as I understand the record in this instance that we have notices that were sent in the mail that may not have been the same as were published in the paper, and in any event for this Council to consider an application for an L-O zone, unless the notice went out that way, we would have a problem, and the developer does not want to have an application process with a procedural problem because then it's subject to challenge and that doesn't do anybody any good. Corrie: So if I'm reading this correctly we should cancel this public hearing recommend it back to the Planning and Zoning for the specific recommendations then that you mentioned here. Gigray: Right and I'd also recommend it as you've already done is have the applicant at least be able to address the Council knowing what the advice that you've received is. They may decide no we don't want to do this. We want the public hearing (Inaudible) position is. Bird: Mr. Mayor I got a question for Mr. Gigray. Is he wants -they're talking about an R-4 and an L-O zone there. His new application should show that, shouldn't it? Gigray: Absolutely. Bird: So if you're coming back and wants (inaudible) if you're going to do some residential developing in there and not limited office, then you've got to file as both zonings on the property. Hoffman: I think Shari's recommendation is based on the fact that we have residential on the corner. Not so much that we're going to develop residential, but that it's already there and that's fine. I don't believe there would an objection to that. I guess what's going through my mind now it's not so much this issue but we were before Planning and Zoning twice and now to go back and revisit this whole issue again. There were a whole number of other issues that need to be addressed before you, and I'm wondering okay procedurally are we just talking about that particular issue or am I having to revisit ~: Meridian City Council January 5, 1999 Page 36 • the whole thing with Planning and Zoning again. You know there are other conditions that the Planning and Zoning Department recommended that we - Bird: Start over and make new so you will have the whole ball of wax again. Gigray: I mean that can be part of the record. It's not like you start with new information. Sorry Mr. Mayor. I believe that the new application and staffing is going to of course build on what's already there. It's not like you're really starting all over again, but the problem we have and my advice to the City Council and to the Mayor is that we have a state statute that very specific about notice and we have state supreme court decisions that say if notice isn't filed in accordance with that statute, it's a due process issue and if anybody challenges it, they go to court and you can pass an ordinance and you'll get the ordinance vacated and you'll be back where you started all over again, so we know there's a procedural problem at this point. So the best thing to do is send it back so that that can be corrected. Whether or not the church wishes to amend its application or says no, we want R-4 or nothing. They can take that position, but whether anyway you look at it, we got a notice problem at this point. The only way to fix it is to send it back. Hoffman: One other related issue. It's my understanding now this was a couple of years ago that I looked at the Meridian Comprehensive Plan. That intersection is slated for strictly residential. So it was somewhat a surprise to me if it's accurate to learn that the park was zoned L-O because I know there wasn't any to my knowledge the church owners didn't receive any notice about the change to the comprehensive plan, so I guess what I'm asking is how did that happen you know because if you look at it that property isn't slated to be L-O. It's just residential. Now if we go in and ask for an L-O and somebody looks at the comprehensive plan, and say well L-O is not part of the comprehensive plan. Now we're going to be asked to apply for that particular procedure of changing the master plan. Can somebody speak to that what's going on there? Corrie: Okay Mr. Gigray go ahead and then Mr. Bentley. Gigray: Mr. Mayor and members of the Council, Mr. Hoffman, whatever action has been taken with regards to any previous matters, I don't have any personal knowledge with regards to that. I would say if there were procedural issues affecting that particular action, if the time period has run since that action has taken, then it would be moot at this point. It doesn't make any difference. What in your situation I think your best advice is to talk to your people who were advising you about the development of this particular site, review the ordinances of this city and the comp plan and make your best judgment about what the most appropriate application is based on your intended use of that property. We could not - I would not and I have instructed staff to give information about the application of our ordinances of what is permitted and what is not permitted, but the actual decision where maybe you could go this way or you could go that way Meridian City Council January 5, 1999 Page 37 • always has to be up to the applicant as to what is in their best interest. At this point what you're dealing with from my perspective and my advice to the City Council is a procedural problem. That is an application was made for an R-4. That was heard and then there was a recommendation to the City Council that it be not zoned R-4 but it be zoned L-O. So then that's a material change from the application and if the commission is seeking to make a recommendation to change that application to something else, then it ought to be renoticed to have a hearing because if the law didn't provide for that, it would be like you'd come in and say I want R-4 and the commission and the City Council will change it light industrial. I'd get a notice that it's going to be R-4 and I'm not opposed to that. I live next door, don't go to the hearings, and I don't care, and the next thing I know I've got a light industrial zone next to me and I'm going to scream bloody murder, so that's why that law is set up that way so if there are material changes the neighboring property owners, the person who the law recognizes have an interest and entitled to notice have an opportunity to address that specific question and what happened here is we ended up with a material change and then we have a notice that goes out part of it is in accordance with the original application. Part is with the recommendation of Planning and Zoning Commission and so we have a problem there too. The only way to correct it and because our law says the commission and the governing body, which is the City Council have to if there's a material change renotice it and my legal opinion and advice to this Council and Mayor we have no choice then to send it back. Corrie: Shari did you have a comment? Stiles: Mr. Mayor and Council the only comment I had was regarding the park site. If you would like me to go into that, I will. Bentley: In light of the discussions we've had with the Counselor, I'd move we cancel this public hearing and remand this application for annexation and zoning by Paul .Hoffman for Meridian Presbyterian Church back to P & Z so they can clean up the zoning issue. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to cancel the public hearing and remand this matter back to the Planning and Zoning Commission with specific recommendations. Any further discussion? Hearing none, all those in favor of the motion say aye? MOTION CARRIED: All ayes. Corrie: Counselor since the motion was to cancel the public hearing, do we need to have a motion on it or was that it right there? Meridian City Council January 5, 1999 Page 38 • Gigray: Well I believe the motion that was in order would be to remand it back. I'll just prepare an order for your signature in light of that. (Inaudible) Bird: He closed it with the motion didn't he? Corrie: All right. Thank you. 20. PUBLIC HEARING: REQUEST FOR REZONE OF APPROXIMATELY 4.296 ACRES FOR PROPOSED SCOTTSDALE SUBDIVISION BY WOLFE COMMERCIAL ENTERPRISES, LLC -SOUTH SIDE OF W. FRANKLIN ROAD: Corrie: At this time I will open the public hearing and staff report. Stiles: Mr. Mayor and Council this is the remainder of what used to be known as the Scottsdale Subdivision which was an R-15 zone. Currently there exists there the castle known as Dreamland Child Care Center and the remainder of the property they are proposing to develop as an L-O Subdivision. Staff has no outstanding issues. We've received response from the applicant on our concerns and we are confident they will comply with our conditions as recommended. Corrie: Anyone else have comments? Okay this is a public hearing. I invite the representative of the Scottsdale Subdivision. Elg: Van Elg, Briggs Engineering, 1800 W. Overland Road, Boise, Idaho. Do I need to be sworn? Oh, you're not doing that anymore? (Inaudible) Elg: Representing the developers of this Scottsdale Subdivision which includes a rezone and a preliminary plat application. The property is located you may be more familiar with the Dreamland Daycare Facility. Some people refer to it as the castle out there on Franklin Road. It's located in that general area. The daycare facility is located here, and Will this is the same board that we presented at P & Z so you have all of this documentation in your record. We've requested a rezone. The property is currently zoned R-15, which is a high density residential zone. That's for higher density residential development, multi family dwellings and so forth. To the east we have some four-plex units. I believe this property is zoned R-8 and to the south and the west, we have a zoning of R-4. To the north we have C-G and I-L so this is kind of an anomaly in the area right here with this R-15 zoning, which allows for such high density residential. BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST ) FOR ANNEXATION AND ZONING OF ) DECISION AND ORDER OF 7.84 ACRES BY PAUL A. HOFFMAN ) REMAND TO PLANNING (MERIDIAN PRESBYTERIAN CHURCH)) AND ZONING COMMISSION SOUTHWEST CORNER OF MERIDIAN ) SUBJECT TO CONDITIONS ROAD AND USTICK ) This matter coming on regularly for public hearing and the same being opened and the City Council having received the record of this matter and the report of the City Attorney: 1. The City Council finds that there is a procedural problem with notice due to the fact that a material change from the application of the applicant for R-4 Zone designation has been recommended by the Planning and Zoning Commission; and the Commission's recommendation of an L-O zoning legislation was occasioned without the Commission having re-noticed a public hearing; and 2. The notice of public hearing before the City Council for January 5~', 1999 was noticed in the paper as consideration of L-O zoning designation and the notice to the property owners as consideration of R-4 zoning designation; and the Mayor and Council having inquired of City Staff and having heard comments of the applicant relative to this issue; and 3. The City Council takes notice of the legal requirements for notice both before the Planning and Zoning Commission and the City Council for zoning DECISION AND ORDER OF REMAND TO THE PLANNING AND ZONING COMMISSION SUBJECT TO CONDITIONS - 1 N .~ ~. designations as provided in Idaho Code §§ 67-6511 (b) and 67-6509 (a) (b) NOW THEREFORE, BASED UPON THE ABOVE AND FOREGOING IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The public hearing of this matter is hereby closed; and 2. This matter is remanded to the planning and zoning staff and then to the Planning and Zoning Commission with the specific conditions that the applicant be provided an opportunity to amend its application for zoning designation in accordance with the applicant's decision as to what is in its best interest given the record in this matter; and 3. In the event there is an amendment to the application that a new staff report be prepared with analysis of the request and its compatibility with the City's Comprehensive Plan; and 4. That at such time as the planning and zoning staff have determined that the applicant has determined how to proceed, the Planning and Zoning Commission shall re-notice for public hearing upon the amended application or the application as the case may be in accordance with the request of the applicant; and 5. That the Planning and Zoning Commission determine its recommendations in accordance with the Notice of Public Hearing. DECISION AND ORDER OF REMAND TO THE PLANNING AND ZONING COMMISSION SUBJECT TO CONDITIONS - 2 • By action of the City Council at its regular meeting held on January 5, 1999. B Y• ROB T D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works Dep ent. By: ~. City Clerlc Dated: ~~~y ~ ~ 9 Z:\Governtnental Municipal\Work\M\Meridian 15360M\I'aul HoffmanRemand.Ord DECISION .AND ORDER OF REMAND TO THE PLANNING AND ZONING COMMISSION SUBJECT TO CONDITIONS - 3 N • Memo To: Mayor Robert D. Corrie City Clerk's Office Councilman Bird Councilman Anderson Councilman Rountree Councilman Bentley Shari Stiles, Planning and Zoning Gary Smith, Public Worlcs CC: File From: William F. Gigray, III, City Attorney Date: January 14, 1999 Re: PAUL A. HOFFMAN DEVELOPMENT REQUEST FOR ?~~NEXATION AND ZONING OF 7.84 ACRES (MERIDIAN PRESBYTERIAN CHURCH) ON JANUARY 5, 1999 CITY COUNCIL AGENDA FOR PUBLIC HEARING The public hearing was conducted on the above referenced matter and the City Council took the following action: "Motion made by Councilman Bird and seconded by Councilman Rountree to approve Findings of Fact and Conclusions of Law. Motion made by Councilman Bird and seconded by Councilman Bentley to approve decision. Motion made by Councilman Bentley and seconded by Councilman Bird to direct city attorney to prepare annexation ordinance ". Motion carried. Subsequent to that action in the City Council October 6~' agenda Item #7, the City Council took up the matter of the approval of the Preliminary Plat. The Preliminary Plat would encompass the property subject to the • Page 1 L7 r annexation and zoning designation in Item #6. The City Council's action in Item #7 was as follows: "Motion made by Councilman Bentley seconded by Councilman Anderson to deny the preliminary plat". Motion carried. This action was followed by a public hearing on what is denoted as Item #8 on the October 6~' City Council agenda, which was consideration of a Conditional Use Permit for a Planned Unit Development for Wilkins Ranch At The Lakes, Steiner Development applicant, which entailed the Planned Unit Development Plan for the property which is encompassed by the action taken on Item #6. The action of the City Council on Item #8 was as follows: " Motion made by Councilman Bentley and seconded by Councilman Anderson to deny the conditional use permit with attorney to prepare new Findings of Fact and Conclusions of Law". Motion carried. Council action on Item #6 required a Development Agreement to be prepared and signed as a condition of the annexation and zoning designation. The Findings of Fact were adopted by the Meridian Plannixig and Zoning Commission, which are referred to in the action of the City Council, and include very specific provisions regarding the actual development that is proposed in the area to be annexed and zoned. At this point we have Council action that requires further clarification. Is the City Council willing to annex the subject property and zone it R-4 as requested by the developer without the requirement of a development agreement? I suggest that given the City Council's action on Item #7 and Item #8 that the Council may wish to reconsider the annexation and zoning action. I recommend the Council consider amending its action on the Preliminary Plat. That the Council designate a formal negotiation process to be undertaken pursuant to Municipal Code Section 11-9-604(e)(5), and direct that the applicant and designated staff engage in informal negotiations, and that the City Cleric staff those negotiations, keep minutes of the meetings, post and give appropriate notice thereof to interested and affected parties. • Page 2 • • I therefore recommend the following specific motion: "This matter coming back before the Council pursuant to its action of October 6, 1998, and considering this council's action granting an annexation and zoning designation of R-4, subject to a development agreement, and considering the Council's action in denying a conditional use permit and Planned Unit Development, and considering the fact that all three (3) applications are part of and relate to the same project, and it being found to be in the best interest of all concerned to determine whether or not a negotiation process under the subdivision ordinance could result in any new recommendation from staff to Council with regards to any final disposition of this matter; and finding that Municipal Code Section 11-9- 604(e)(5) provides for a specific procedure for which this can be done; the City Council does hereby defer its action of denial of Preliminary Plat and it does hereby direct the Planning and Zoning Administrator, or her designee, and the Public Worlcs Director and/or his designee, to meet with the designated representatives of the applicant together with any affected parties who wish to be present for the purpose of conducting an open and informal meeting. The meeting shall be chaired by the Public Worlcs Director and/or his designee at which meeting concerns raised by the protestants of the proposed development, together with concerns voiced by members of the City Council are to be reviewed with the applicant and the applicant's representative for the negotiation of a possible solution and recommendation and report of the City Council. All meetings will be staffed by the City Cleric or his designee. The minutes of the meeting shall be maintained and a report back to the City Council shall be made at its next regularly scheduled Council meeting on " With regards to recommended action on Item #7, I recommend that the City Council withhold any further action on Item #8 and table the same until receipt of the Findings of Fact and Conclusions of Law and Order Recommended Decision pending receipt of the report of the negotiation process regarding Item #7. Given the ambiguity of these situations, it is my recommendation that the Council not consider Findings of Fact and Conclusions of Law and Order with regards to any of these actions until further direction is received. MSG\D:WIyFiles\Meridian City File\GIGRAY MEMOS\HOFFMAN PAUL (MERIDIAN PRESBYTERIAN CHURCI-n AZ Memo 011499.doc ~ Page 3 ~~ • WHITE, PETERSON, PRUSS, MORROW &GIGRAY, P. A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. E GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFOAD TERRENCE R. WHITE 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 188-2499 FAX (208) 288.2501 January 27, 1999 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE R~r~1V~~ FEB-11999 CITY OF'YIERIDI~4~'~ William G. Berg, Jr. Meridian City Clerk 33 East Idaho Street Meridian, Idaho 83642 RE: PAUL A. HOFFMAN/MERIDIAN PRESBYTERIAN CHURCH (AZ) Dear Will: Pursuant to City Council action of January 5, 1999, I have prepared the DECISION AND ORDER OF REMAND TO PLANNING AND ZONING COMMISSION SUBJECT TO CONDITIONS in the application of Paul A. Hoffinan, regarding the Meridian Presbyterian Church. The Order is now ready for the Mayor's signature and after the Mayor's signature has been secured, and the City Clerk's signature secured, the original should be retained by the City Clerk. Copies of the Decision and Order of Remand to Planning and Zoning Commission Subject to Conditions should be served upon the Applicant, the Planning and Zoning Department and the Public Works Department, as designated by the City Clerk's signature. If you need further assistance by this office, please advise. Very truly ours, Wm. F. Gigray, III Enclosure msg\D:\MyFiles\Meridian City File\Findings2\Ltr to Clerk on Remand Order for Hoffman AZ.wpd ** TX CONFIRt~N REPORT ** AS OF MAR 11~ 1453 PAGE.01 CITY OF MERIDIAN 05 DATE TIME TOiFROM MODE MINiSEC PGS CMDt# STATUS 03111 14 52 208 376 0809 EC--S 01'38" 006 120 OK Memo To: C1.rl, Fax #: 3~f~`~~~ From: City Clerk's Office t~ Date: ~ ~ ~„______ Re: ~Z ~?.f i C~U.,r~ P~ ~~- err tL # A~/A Please find enclosed a copy ofi the Recommendation to the Ciiy Counal of the Plenning and Zoning Commission on the above referenced pplication. Please note this matter will be heard before the City Council on the ,day of ~~_____, 1999. The City Council request that you be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. ff you disagree with those recommendations, please state which ones and the reasons. ff you propose any additional recommendations, conditions, etc., please prepare your recommendations inwriting so you may submit the same to the City Council at the hearing. The Counal appreaates your attention to this request. It will assure that the Council has the benefit of understanding your position in this mafter and it will help limit the need for testimony.