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Valley Shepherd Church AZ 00-018
a~" ,~ ~~ ~,~Y CLERK FILE CHECKLIST Project Name: Valle Shepherd Church File No. AZ-00-018 1 ''~ phone: ~-t~'4 `~~?~ ~ .~ ~~ Contact Name: ` l.c G%Y~1~' ~j'", ~~ "` Date Received from Planning and Zoning Department: Planning and Zoning Level: Transmittals to agencies and others: L~J Notice to newspaper with publish dates 0 Certifieds to property owners: September 5, 2000 Hearing Date: October 10, 2000 ~ ~ ~~ t" Gl ,~{° and (~ c'}~~ G ~ ' t' © Planning and Zoning Commission Recommendation: ©Approve ^ Deny Notes: City Council Level: ^ Transmittals to agencies and others: Notice to newspaper with publish dates: ^ Certifieds to property owners: ^ City Council Action: ^ Hearing Date: ~;,"~:~ ~,,_,v:x if ~ i_.r~LC-% ~'`t /~~ ~ ~(~ and :...~ i f:, Approve ^ Deny ^ Findings /Conclusions /Order received from attorney on: Findings /Conclusions /Order: Resowtbns: Orginel Res /Copy Cart: MinNebook ^ roved by Council: A Copy Res I Copy Cert: Cky Clerk Cgy Errgirreer pp ^ Copies Disbursed ^ Findings Recorded Development Agreement. ^ Sent for signatures. City Planner °'~""°r"°y SterBng Codi"ers Project Fik Copy ReslOriginal Cert: Ade Coonly (CPAs) Applicem (non-CPAs) Recorded Ord"mances: Original: Minutebook Copies te: Clty Cbrk ^ Signed by all parties: State lax Comm. StateTreaanrer.Aad"°r'A~seag°r SterNng Codlgers ^ ^ ^ Approved by Council: Recorded: Copies Disbursed: City Attorney City Engineer City Planner Pr°~`t"~ Applicant (R appl.) Findings r Orders: original Minuleboak Copies to: AppkraM Resolution No. Ordinance No. Pr°~""" City Engineer ^ Approved by Council: CMy P~nrrer ~~^~°r°°y " Record Vacation FMdings ° ^ Recorded: Deadline: 10 days Recorded tkvebpment Agreements: OrginaCFireproaf Fik ^ ^ Published in newspaper: Copies Disbursed: Copies to:APDk°aN Praje«"~ City Engineer °"yP~°'~r City Attorney Notes: .-r HUB OF TREASURE VALLEY -- LEGAL DEPARTMENT MAYOR A Good Place to Live (208) 288-2499 • Fax 288-2501 Robert D. Cowie CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Tammy deWeerd City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless (208 gg4-5533 • Fax 888-6854 TRANSMITTALS 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: October 2, 2000 Transmittal Date: S~ Hearing Date: October 10, 2000 File No.: AZ-00-018 Request: Annexation and Zoning of 34.84 acres from RT to R-8 for for proposed ch~~rr_h anr~ vacant land By: Dale Ownby Location of Property or Project: Meridian Road, south Of Overland Road Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 30 AZ - 27 ~. ~~, jJ ,~ ~ BUG 3 ~ r~ ~~ - CITY OF MERIDIAN 7+~ L ' ~~ ~~. ~ 111 OL ~k3:d~Tf c~<CQ ~~ ~ ~`~~~~ 33 East Idaho Street, Meridian, ID 83642 F,LANNLNG ~ ~~,1~, r; r G ltd ~~ei Phone: (208) 888-4433 ~.~~~ Fax: (208) 887-4813 ~, P1 APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: N/A GENERAL LOCATION: Meridian Road south of Overland Road TYPE (RESIDENTIAL, INDUSTRIAL-, COIVIlVIERCIAL): Residential ACRES OF LAND IN PROPOSED ANNEXATION: 34.84 Acres +/- PRESENT LAND USE: None PROPOSED LAND USE: Church on~art /none on remainder PRESENT ZONING DISTRICT: RT (Rural Transition) Ada County PROPOSED ZONING DISTRICT: R-8 City of Meridian APPLICANT: Valley Shepherd Church of the Nazarene PHONE: 888-2141 ADDRESS: 831 East First Street Meridia_n_ Idaho 83642 ENGINEER, SURVEYOR, OR PLANNER: R~lance and Associates, P.A. PHONE: 939-2824 ADDRESS: 391 West State Street Suite E Eagle Idaho 83616 OWNER(S) OF RECORD: Valley Shepherd Church of the Nazarene, Inc. PHONE: 888-2141 ADDRES S ANNEXATION & REZONE NARRATIVE VALLEY SHEPHERD CHURCH OF THE NAZARENE This narrative is intended to address items 1-17 of the application for an annexation and rezone to the City of Meridian. 1. Name, address, and phone number of applicant; Valley Shepherd Church of the Nazarene 831 E. 1 ~ Street Meridian, ID 83642 Contact: George Zickefoose (208) 888-2141 2. Name, address, and phone number of owner of subject property and proof of title of said owner; Valley Shepherd Church of the Nazarene, Inc. 831 E. 1 ~ Street Meridian, ID 83642 A copy of the warranty deed for the property recorded as Instrument No. 97024920 in the Ada County Deed Records has been provided with the application package. In addition copies of several other deeds referenced in the warranty deed and accompanying surveyors legal description have been provided for reference. 3. Notarized request for zoning amendment from titled owner, successor of said owner, valid title option holder, or contract purchaser with consent from the titled owner if not requested by titled owner; A notarized request has been provided with the application package. 4. Legal description (metes and bounds) of the subject property including property to the center line of adjoining rights-of--way, railroads, roadways, highways and easements the full length of the property which is signed and stamped by a land surveyor registered in the State of Idaho (including map identical to metes and bounds description, scaled appropriately to provide legible callouts); A legal description of the subject property prepared and signed by a licensed land surveyor has been provided with the application package. .-., ~ S. Description of present land use. The property is currently vacant and unused. 6. Description of proposed land use. The applicant intends to construct a church on the northeastern portion of the property. Preliminary plans called fora 2,000 seat sanctuary, administrative offices, classrooms, nursery, multipurpose room, and restrooms. Additional improvements will include parking, landscaping, and frontage improvements along Meridian Road. While plans are not finalized, it is anticipated that the church development will impact approximately fifteen acres of the site. There are currently no plans for developing the remaining property. The applicant previously submitted a conditional use application to Ada County for the same use and it has been approved and is currently in effect. The property is within the City of Meridian area of impact so there has been considerable previous review and comment by the city. Until recently however the property was not contiguous to the city limits so annexation has only now become possible. At the time the plan was approved by Ada County preliminary design plans were submitted. These have undergone some changes but a copy of them is included in order to provide a broad view of the concept. These plans are presently undergoing modification and revisions so this submittal is provided only to give a general idea of the final design. Present zoning district and jurisdiction. The property is currently zoned RT (Rural Transition) by Ada County. 8. Proposed zoning district. The applicant is requesting the property be zoned R-8 by the City of Meridian. This is consistent with the City's comprehensive plan and the proposed church is a permitted use within this base zone. 9, A statement describing the characteristics of the subject property which make the zoning amendment desirable. The City of Meridian Comprehensive plan has designated the planned property use as residential upon annexation. The desired church usage is permitted under this zoning so the intended use and requested zoning is consistent with the overall plan designation for the property. The west boundary of the subject property is contiguous to the Bear Creek Subdivision. The Elk Run Subdivision No. 2 located to the north is separated from it by a narrow strip of property. The easterly boundary of the property fronts Meridian Road. The property is well suited for the residential zoning that is being requested. The property is relatively flat with no slopes exceeding fifteen percent. It can be served by utilities located in either Meridian Road or the Bear Creek subdivision. Furthermore there are no physical characteristics that would hinder it being developed for residential dwellings or other uses permitted by that base zone. The requested zoning is compatible with surrounding uses and will allow the property to be potentially developed to its highest and best overall use. 10. A statement outlining the necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development. The degree of recent residential development within both the City of Meridian and the greater Boise area is indicative of a general overall need and demand for additional property dedicated to residential use. The subject property has access to necessary streets and utilities and will not place an undue burden upon the existing infrastructure. As previously noted there are several residential developments either adjacent to or in close proximity of the subject property. The applicant's desire to construct a church is a permitted use under the residential zoning and is not incompatible with the existing surrounding development. It is presently their desire to develop only the northeastern portion of the property for the church use, so a buffer will still remain between it and nearby development. By building the church first, should the remaining portion of the subject property be developed at a future time, it can be done in a manner that takes the church into account and will allow for harmony between the different yet compatible uses. 11. A statement of how the proposed zoning amendment relates to the City of Meridian Comprehensive plan. The comprehensive plan designates the property as being used for residential development which is consistent with this request. The comprehensive plan encourages development that will benefit the public in a number of ways. The proposed rezone and development will protect and maintain residential neighborhood property values and enhance the quality of life for residents. Since it is on the edge of present city limits it will promote the goal of attractive roadway entryway areas into the City of Meridian. While the zoning request is for residential, a significant portion of the property is being proposed for a use that is compatible with the goal of lower density development in outlying areas. The church use meets the desire for a balance of land uses to ensure that Meridian remains a desirable, stable and self-sufficient community. Meridian Road will likely require frontage improvements in conjunction with the development. The comprehensive plan encourages sidewalks for all existing neighborhoods. It will also have limited access which is encouraged along heavy use streets such as Meridian Road. The requested zoning and use are in agreement with the Comprehensive use. The plan encourages responsible growth and development that takes into account the enhancement and improvement of the City of Meridian and its residents as does this proposal. 12. One (1) map of scale of one (1) inch equals one hundred (100) feet of the property concerning the zoning amendment; A map of the subject property at the appropriate scale has been provided with the application package. 13. Thirty (30) copies of a vicinity map of a scale of one (1) inch equals three hundred (300) feet; Thirty copies of a vicinity map at the appropriate scale have been provided with the application package. 14. A list of the mailing addresses of all property owners within three hundred feet (300) of the external boundaries of the land being considered. This list must be obtained from the City of Meridian Planning & Zoning Department and requested seven days prior to submitting application. A list of the mailing addresses of all property owners within three hundred feet of the external boundaries of the subject property. This list was provided by the city on August 29, 2000. 1 S. A fee established by the Council; Less than 1 acre $400.00. Over 1 acre = $400.00 plus $1 S. 00 for each additional acre or portion thereof. In addition to the above fee, the applicant shall pay the cost of certified mailings at a rate of $1.73 per notice, doubled because two public hearings are required. The subject property includes 34.84 acres, more or less. The base application fee based on the above rates is $910.00. In addition there are 14 neighboring property owners requiring two certified mailings at $1.73 each for a total of $48.44. A check in the amount of $958.44 has been provided with the application package. .-. 16. A signed affidavit stating that the property will be posted one week before the public hearing. Posting must contain name of applicant, description of zoning amendment, and time and date of public hearing. Official notices are available at City Hall. An affidavit signed by the applicant stating that the property will be posted one week before the public hearing has been provided with the application package. A posting will be picked up by the applicant or their representative at City Hall and posted on the property with the pertinent information. 17. A signed affidavit stating the applicant has read the contents thereof and verifies that the information contained therein is true and correct. An affidavit signed by the applicant stating that the applicant has read the contents of the application and verifying that the information contained therein is true and correct has been provided with the application package. IISERVERID IPROJECTSINazaren120911ADMIN1ApplicationslNarrative. doc I, David Cox, President of Valley Shepherd Church of the Nazarene, Inc., Owner of that property described in Instrument No. 97024920, Records of Ada County, Idaho, do hereby request on behalf of Valley Shepherd Church of the Nazarene, Inc. that said property be annexed to the City of Meridian, Idaho, and the zoning be changed to R-8. ~~C~ STATE OF IDAHO ) ss. County of Ada ) ~~s i ~d a-PO~J ON THIS `~ t~t,',~ day of `,._ , "~.~ ~4 , 2000, before me, a Notary Public in and for said State, personally appeared ~ ~ ~ <<. <- ~; of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires My Notary Bond Expires ~ ~ ~ ~~ ~,., t ,- a~~ _ _ ~~ Notary Public for Idaho Residing at~y~,. _,, ~~:_~~ ,Idaho ,,r;, is n;;i;i., ,.~~~ ~. \ ~,~ .,,,~, fwd- ~~s ,~~,`~,,? ~~''''~'r,I ~„i i i~n n ~ ri"~`~~~ I, David Cox, President of Valley Shepherd Church of the Nazarene, Inc., Owner of that property described in Instrument No. 97024920, Records of Ada County, Idaho, do hereby affirm and acknowledge that I have read the contents of this rezone and annexation application and I further affirm and acknowledge that the information contained therein is true and correct to the best of my knowledge. r f ~ 0~ David Cox, President ate Valley Shepherd Church of the Nazarene, Inc. I, David Cox, President of Valley Shepherd Church of the Nazarene, Inc., Owner of that property described in Instrument No. 97024920, Records of Ada County, Idaho, do hereby affirm and acknowledge that the aforementioned property will be posted one week before the public hearing for the rezone and annexation of it to the City of Meridian. 4 David Cox, Presid Date Valley Shepherd Church of the Nazarene, Inc. .. V~S~"'`n~ ~tc~ WARRANTY-DEED GRANTOR: ERNA I. TOMLIN TRUST .~ °?02`f92Q aor ~~~. ;~.:=:;~~ct~ .i. GA-'li~ ~:;'~'„.SRC BQ1SE I!; FEE., C; , RECE,R~%~ i ;r'r (:~~;;~ES7 OF GRANTEE: VALLEY SHEPHERD CHURCH OF THE NAZARENE, INC., an ~N~TV-t' Idaho Corporation RANTEE~S ADDRESS: /a'~~,i/~1~~X„~rd~~ Meridian, Idaho 83642 831 E. 1st., For good and valuable consideration the receipt of which is hereby acknowledged Grantor hereby CONVEYS, GRANTS and WARRANTS unto the Grantee that real property located in Ada County, State of Idaho, legally described on Exhibit A attached hereto. To have and to hold the said premises, together with all appurtenances thereto, unto the Grantee, and Grantees heirs and assigns forever. Grantor does hereby covenant to and with said Grantee that Grantor is the owner in fee simple of said premises and that said premises are free from all encumbrances except 1997 real property taxes; rights reserved in federal or state patents or railroad deeds; building or use restrictions; government ordinances or zoning regulations; rights of way or easements existing on the premises or which are of record; covenants, conditions and restrictions of record; encumbrances contained in any recorded plat; and the rights of tenants in possession. WARRANTY DEED - 1 d/realest/nazarene.-ear r~ DATED This 3lstday of March 1997. STATE OF IDAHO, ) COUNTY OF ADA, ~ ss. ERNA I. TOMLIN TRUST By ~-~ Barbra J. Ge hard, Trustee On this 31st day of March undersigned a Notary Public in and for said7~stateore me, the appeared BARBRA J. GEARHARD, known or identified to me to sbeathe person whose name is subscribed to the within instrument as Trustee and acknowledged to me that she executed the same as such Trustee. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~,. i' ...w , - ...\ ,,~ ~,'~, C ~i8$ ,. ~.'~a." 1 ~ Notar P lic Y or daho ~~ 0'~ ` ` p~7 Residing in ~~($t¢///1/GT~Y1~Meridian, Idaho ~a ~ ~" ~ e My Commission Expires: 05/04/00 Tv~ 4 * O~• ~'•-- S TAT v ,••• WARRANTY DEED - 2 d/realest/nazarene.uar .-. ~,~;6: f ~ _. _ THE NORTHEAST 1/4 OF SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO. EXCEPT THE FOLLOWING: BEGINNING AT THE EASTERLY QUARTER SECTION CORNER OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN; THENCE SOUTH ALONG THE EASTERLY SAID SECTION LINE 188.40 FEET TO A STEEL PIN; THENCE NORTH 87 DEGREES 08' WEST 94.40 FEET TO A STEEL PIN; THENCE NORTH 89 DEGREES 58'30" WEST TO THE WESTERLY BOUNDARY LINE OF SAID NORTHEAST 1/4, SOUTHEAST 1/4; THENCE NORTH ALONG THE WESTERLY BOUNDARY LINE OF SAID NORTHEAST 1/4, SOUTHEAST 1/4 TO THE NORTH BOUNDARY LINE OF SAID NORTHEAST 1/4, SOUTHEAST 1/4; THENCE SOUTH 89 DEGREES 58'25" EAST ALONG THE MID-SECTION LINE OF SAID SECTION 24 TO THE EASTERLY QUARTER SECTION CORNER OF SAID SECTION 24, THE POINT OF BEGINNING, ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF IDAHO, IN WARRANTY DEED RECORDED MARCH 19, 1987 AS INSTRUMENT N0. 8716161 AND WARRANTY DEED RECORDED APRIL 3, 1987 AS INSTRUMENT N0. 8719468. END OF LEGAL DESCRIPTION f ~ $i b. s .t?:~"~YrF n~ y r ,r f E`S~ 'ra K' } Ji t ~ t ~ ~ :. syl~/~~r~€c",' ~ 4Z ~.,, ,, }/f` +z + ~ ~ c. i GRAZ'1TE$S HlA ~ r ~F~~f ~' err `~ ` WAR :ACTT ~~ ~: ~~ 's'~,.xr., r s .:1 ~r ~~ ~ ~ ~.. •.: , . t EtEAD AN~ pPPR_QVE~: rrui atl ~D~EE'D e~c1r.[v~p dzt-y_ntnarrl.gd woMn, on and since January 17, 1985; ii"•; . rdp~'=heceby:gr4Pt; bargain, sell and convey unto ,Q';.^A1tRON,and~'JEAN L. AARON, husband and wife, w ~p ~v,~ b53s566 i;<;~hoes,uddres3.ia .2435 SOUTH MERIDIAN RD. MERIDIAN, IDAHO 83b42 he follaWng described premises, to-wit: paXCel;oE ],~nd'lACated in the Northeast quarter Southeast quarter of Section 24, wnship ~ Nctrthr RaRSe 1 West of the Boise-Dieridian, Ada County, Idaho, more par- cularl~`descrit?ed..as follows: giltninR:aC•t:he, Easterly quarter section corner of Section 24, Township 3 North, ~ig~ 1 Weat•,.Boise-MeridYan; thence uth.,.along;the Easterly said section line 188.40 feet to a steel pin: thence orth 87°$0.' nest 94.40 feet to a steel pin; thence ~zyh,'$9°•58'30" West to the Westerly boundary line of said Northeast quarter, <'Southeast quarter: thence i~th-d~Rng>[he Nesterly boundary line of said Northeast quarter, Southeast quarter ".to••the'Nocth boundary line of said Northeast quarter, Southeast Quarter; thence iut>1'•$9Q58'2.5" Eaet along the mid-Section line of said Section 24 to the Easterly ?'.:gyaFter section corner of said Section 24, the POINT OF BEGINNING. iGERT:`_B.Qginning at the Northwest corner of the lortheast quarter of the Southeast ~arter•of Section 24, Township 3 North, Range 1 Nest, Boise-Meridian; thence uth~'28.3 face; thence in a Northeasterly direction to a point on the North boundary '`'line of said Northeast quarter of Southeast quartet a distance of 28.3 feet from ;';',the Northwest corner of said Northeast quarter of the Southeast quarter; thence r`Ne$i: along the North boundary line of said Northeast quarter of the Northeast .quarter to the POINT OF BEGINNING. TO-HAVF. ANU '!'O IlO1.U the said premises, with their appurtenances unto the said Grantees , •' their heirs and assigns forever. And the said Grantor do cs hereby covenant to tend with the: said Grantt:es ,that she is the owner in fee simple of said premises; that said.~[ecniseaarelreefromallencumbrances except reserva[ious of record, easements of ':xecorf; Reneral taxes and irrigation assessments for the year 1°85, and subsequent 7earsp Khich are not yet due and peyable; and thsE. she will warrant and defend the same from all lawful claims whatsoever. 1 gated .~u1Y 18, 19//85~ //~ AN G, WIND0~1 :=:~.. - _ ~''ACKNQ.W~EDGMINT•"individual STATE OF IDAHO, COUNTY OF /'{('~~, •~ I hereby certify that this inatrumcnt was Glcd for rcvrd ±? s ~ - r,~ ' :` ~' - - at the request of STA,TEOF; IDAI~? C.ounly of: ADA ,,.. PIONEER TITLE CO. at r `'~ minutes I,aat L o clot m., '~ ~ July ,in this day of ~._.t...C`-~ ~,Qnlhfa~~ayofr ~, /`~ -,.3 that year of ~ 1 Q~} 5 -= before mt r hP' - 19~~n my office, and duly retrorded in Book ~~~ ~a...r.~= ~~ ~^.p~ y~~ ' .° ' 11 notarypubUS: ot'Deedastpa<e M,peraons~tl~~appt~sQ%,~.~^~w r wTwn~H ~: JQH(~}„gASTIDA t -:. ~" , t kbo~Yn on. ''- E:-Officio rder %~idenufled to"tlts(o l~x jh ~peraoq_whox Rame ,-.1~-,-. • aubyi.rtbed-fo fhe ~vfthlrmatruinent enc~-ack q.• ~mf that~}teT.eii tee the flame Hy ~ ~ De ut eV c ~ p ~ 4 u ~Nota~y,~ bhp ~ , Fsn.I ~ . ~12plfhnr~•tk: (` r ' ^"t--"""'_',. •ltail;toi ~,YJ 1G9R}G~15910TY CXP~.t6s:_ ~" ~ EER T~TLE•COMPANY~~ 1 x , ~ ~ , QF AOA COUNTY ~v.;ir ~ ,r ~+ ' ' ~: t r,+H Bph! Id+lYi tp702 ~ 2itB ~~8?W Ls~~x lx.~~'-,,,':`_.~,` .~i:; .>,.F.,. ,.r . "R°Pr~^t~+~`Tltor Tdle lnwrNleQ CornD+ny .:. .. _ - _ . . { ~I l (: r ... _ '~UITCLtAIlUi DEED ~ ` , ,t. r For Value Received `• ~ ~~~~iQ~Q~`~: j ? ~ . `~ c ` ~ E ~H(Z4~RA J• ~EARN~RO AS''d1,~cc.E55o~~(~'.~STEC ~ o R. n+ rF'~,. r ':;, ,; r I O M L~ N ~R.t.t $ T t~,- ,',- / i. N 1~ Y I ;\ do hereby convey, release remise and fo ~. ~ +,~ ~`. ,1 ~; rever quit claim ;, : > ~ ~ u } ~ -~ s • ~. ; ~ . ;, h ~~ unto -~.JA~I~jF..A ~.~`iF.PI-F~fleO +:~R.45TCGt~ °~ C.R _,' ti ~ ..~ 1r~ro'r~~y~ o~'i;ly'~ n ;~•~' -14,s ~IVtSroN?~A~Y~ '~otSe lQ,~ ~'~701,,n., 't ,-, .~ ~~~{ ,~h l~Y~.i i , .the following descn'bed premises tO-Wlt: ~ ~ ~ `' ; , i ~ it;;~ %f~''+~~~', { ~_ ~t~ r' ~~ ~ ~r ~ . ., ~ .. ...' r. ,'.>f ~, it . ~ ~~ •l• r+F~J • S~a~. ti 3" ~ r~tt .. J'~ .. The followin ~ ~ ~,. ~~. ;~~ ..f u~-i, ';~' ty : g ;real, property located ~ in Ada County, ~-Idaho: r, ~ ~~'~ ~ p~;;. ~1". .~ht. 5~^ ; .. ~ _ >.r y r '~ua~t ~i i ti' ~ ~ ``' t• ~i icy ~i" ~ ~ :f ~! '~:c. x ' The NE of S ~ r ` '~ <, ,, , n 24„.TowIlship , 3 Plorth .:.Ran ~e 1 ~.t. , .,: t~ : west, Boise Meridian `> _; t a ; ~ ' ; `~' ~ t ~ ; ~~ F ~ ~~ y..{ '' r t!r ~s~- °x`t=r~ ~ ~ia r ^h i ~i~ to ~' -~ ~1 ~ •F Ji c. ,, Except the : following • _ t k , `` t; ~~,}: alt-~ ~ .., t~;,_ ~, t• ~ ~. ~~ . ~ s ,.,,~.,•~~ ~ ~ r ,,;,, ':.~~,~ ~y,,..x `..1 . - _ ~,~ , .. ,;.?tj~r ~. t~'.t~ lt; ~t ...~ rr3 .5~ ?~ (:.. !`~'F s .,~`i ^F7c lt•t~~,;. ~ y .. ,. t `r .. ,, x Beginning : at .`, the Easterly ..,quarter :. section ~ ±. j ` ' corner of ~ Section 24 T. 3 N. }• :., r ~`'1 {,,. R.::.1 W. y B.M„ 4f.r ~ ,: thence .South .'along the Easterly said Section r,: ~ '`~' ~~ x line 18 8 ~ feat to ` a steel .• ~ pirt;.~' thence ` N. '' { ~:~. ¢ >~! . 87 08 W , , "94 40 feat ~ ,Y ,, ~~;,~. to a; steep pin; thence "~r~ + Q r:.F . ~ .~~ ,~ "~ N. 89.58 ~ 30'~ W.` to the Westerly. boundary line .•.:~"r: ~. ;' ~,: ''• '` _ ' y`: of said NEit, SEA; thence North along the ~ .. ;' Westerly boundary line of said NEk, SEA to '' the North boundary line of said NEB, SEk ; ~ :~ ~~4 thence S. 89.58'25" E. along the~mid-section ~ ~~` "" line of said Section 24 to the Easterly. quarter section corner og said Section 24, ~~~ the POINT OF BEGINNING, „~; - + :`~` , ,rr,, together with their appurtenances. . Dated: ~:. ~' ~ 1 11 'F f ` S• - ~t; ~ } '` .t.. , ~: , STATE OF IDAHO~COUNT~`bF ~~ On thin .,,~•~ day of ~~1 • • _' ~~ ~ 19~ before me, a notary public is ~r d State,/personally appearrd ..-~~ aD .RECORDER .: ao~sE lD '96 flPft 30 known to me to be the person rvhor E naafi. .~ subscribed to the within inatnunont, and acknowledged to see that fttw~+r Ltu:~zecuttd the same. / / ~ Notary Public tding at Cornet. Expires ~~~,~~- / , ~ Idaho Pn 2 ~o Dcr HE ~~ E T OF F~'~ommisslon ~xpires 3-26-97. Mail to: i 4 rder k't:~. ~ Ikputyc ~'~ II t j' li ~~ 1' ~>, ~ __. ; _~ -..T ~~ ! DEED ',~'~:NINta(X;f~'::.ag:ut~mar>;1td win, on and since January 17, 19$5; fit' . r.t~.4..~ :hereby: grape, bprgain, sell and convey unto 1 0 ANION a..nd'~EAN L. AARAN, husband and wife, f~"~ r t b53~566 ~titeGrar!T.gea: ,;~hoss;uddres~iq .2935 SOUTH MERIDIAN RD. MERIDIAN, IDAHO 83642 ':'the followin8 descritfed gremities, to-wit: 1 pat'ce2 p€ xapd'T,oCitt_ed in the Northeast quarter Southeast quarter of Section 24, bwnshlp 3 NRthRagge 1 West of the Boise-Meridian, Ada County, Idaho, more par- :i~ui8t-ix aea~ribea-.aa follows: Iegitu-lnR.aL•Che-Easterly quarter section corner of Section 24, Township 3 North, $pge l;K~st-,, Boise-Meridian; thence youth alongs:he•Easterly said section line 188.40 feet to a steel pin; thence forsrh:87-°-80;! Wast 94,4D feet to a steel pin; thence forth ;8.9°•58•'30" vest to the 4Jesterly boundary line of said Northeast quarter, -: Southeast quarter; thence foFth"along'[he Hesterly boundary line of said Northeast quarter, Southeast quarter Co ;the: North boundary line of said Northeast quarter, Southeast Quarter; thence oytt}..$9°58''25" East along [he mid-Section line of said Section 24 to the Easterly ~:;.gya~.t.e.r §ection corner of said Section 24, the POINT OF BECINNINR. XGEPT Beginning at the Northwest corner of the Northeast quarter of the Southeast carte; of Section 24, Township 3 North, Range 1 Nest, Boise-*iridian: thence o4th~'28.3 feet; thence in a Northeasterly direction to a point on the North boundary :.<line.of said Northeast quarter of Southeast quarter a distance of 28.3 feet from :::;t,6e Northwest corner of said Northeast quarter of the Southeast quarter; thence '`Gt9t along the North boundary lion of said Northeast quarter of the Northeast .quarter to the POINT OF BEGINNING. `• sT4-HAVE ANll'f0 IlO1.U the acid premises, with their appurtenances unto the said Grantee s , ,• theft' heirs and agsigna forever. And the said Grantor does hereby covenant to ugd;ywich the: said Grantees ,that she is the owner in fee simple of said premises; that Slid.Qrerttiat;~'arefreefromallencumbrance~ except reservations of record, easements of 'record;, Reneral taxes and Irrigation assessments for the year 1°85, and subsequent ~LF4;ra~~ Kh,ich are not yet due and payable, ^~~ sC> she- will warrant and defend the same from all lawful claims whatsoever. 7Ju~y 18, 1985/) zY'L ~ /ir/h~~ AH' G. WINDOAI Individual STATE OF 1DAH0, COUNTY OF ~~~, I htreby certify that lhie instrument was filed for record ~. ;.:• ~. .c;~Coutily.oC: ADA , ~`, at tht reQunt of PIONEER TITLE CO. ~ 3 at l~ minutes peat -( o'eloek~m., r ,L-Y - .in this ~p day of .S C [ u. -~ foreme t~ .. 19~~n my offset, and duly recorded in Book ~'.:•K ~l:.. ~ nWa?Y'PubI1C. o(Dteda a[ PaR't ~~~ W~x~ . aoHN.aASTioa knq~rn or". ' son_whostname~ 15 •' ~ E:-Officio 'der atruinent ant}•ACkgpwledgedb; he oamF~a F , By \ ~ . ~ ~ ~ " Dtput/. . , v.+i..,.. ~, _ ... __ , ~-~ ~- *,; ~~ Y. •it MI.RR~A'~'Y DELD Pcg3tcc tJo. SR-R9-3782171 • eaxosl Ha• 2i, Id_ NP- 203bb - - KeY `IA. d94 T1t15 ItiDiNI4R5, Kale thi# `~j ~ day a! ~,1¢~,. 19~, . izttv*@h Exx~, I. y~4~LIN, a single getso>t, Gi#ntoc, and the sTJlTE ar ILhHO, by and through W' • 1Di,HO 2R14x5At5RTASI0t2 gQARp [pt tnt ULVI5I~N {5~ ylGtitiAYS, 3311 litct 3LdCe btrtst~ solaet ZddAO 87703, Zrarttlt. vs2t~E5SCTt4: Shet th^ rancor, fvr stla in conaLdetation of Ut,e and 1:of1D0 PollSrs {+1.Od), oaxd tr hct, :~ctlgt ++hespoE !a acknn~lasyed, nos gtsnicrl, cargained, void, 3~d canvcycd ana ay tr+ese pracanto dq~e Qft1n*_, bdt93in, 6P1] sad cvuvey unto the drnntr:e, LL3 6uCC899Prs and astsgns forvvct, ~n tta ssimpla, thQ ~b11ov125g described .a~al .:state YO~j~th~t 5+:th nil rigt2t# rt rcceas betyeen rna rignc of vay of th@ 9nid piv}4C'~ and LtIB t27^~)ntng contfgU0U9 real ycaacrtY b~17z4ing to tria Gf'9nL0: @JtGBpt £Ot: y~_... points o! r.¢[e33 L6 DT lnea:id 4r1 the le 'a a f x {westerly) side .~CL`+CCn stations 4 71.G2 anti 405+~o.a9 of sold i . HiyhxaY 3utvky so long ea thccc :c a ninimam %pac:ng o! ~60.o fast tdt~e_•:, aaeh ar~c~~orn sLtus:ld in the County of Adh, Stote ct Idaho, t6-N1L: A p~ccel of :and b,ing on the Siastetly side of cr,o ~+.nrerlin: Ot Stdtq RIgRrSy Lao. 64, FLO)eCt ~o. sx-R5-3782127 1l19h*^y sutvey es shown ~n the ;Mans t:reteoE na5+ on file in the office at Ghq Id~n6 Tra(fsoortati4n Depaxts+snt, olviti4n ol: t!lghvdfs, and Ls1Rg .] 70212475 OL the HPkSC6 of S]Ct:Crt i4. ;gvnRl,1~ 3 LiGrCh, ~~h~t . iie6t, 80176 HCrldinn, dc6Ctlctd 63 _~llcus, to-vlC~ 6caiPnin9 tt L.*.e South?3s! ;..^.rnCt o! tha NF'~.S`i~ of :;ac`_:uTt :7, ':evr~s t:lp ! 510E th, Ran3a 1 NCSt, episa Mer ir::e:2: tnsnek NottR 3g''La'JZ` 'acct dlonq ens soutl2 :2.1(: at snid NL~~;sek a dtetynca of d5.0 ~ltlC, Tore oc last, to a poise in a 1}ne parallel with and f3,D f¢et 5+tat~rly €:orn the ernce[1[nt• and bents tiortt. 139.71'=D' Stnct tram Slatfon ]9lJ]1_JY u= ,••5~~y I~avr 1 oP 3 .217~°`i/~ U1 ~c::r' uwcvn f y'`.. ~...u ~,.~.. f ' '/._ f. ~ • •~ •1 ': `• ~ rN1RRAy?Y AFFo ..'s - • ~ { ... pra~ect Ha. eR-R&-3?g2~=~ ' P~Cc*1 Na. 26, td. llo. ?0306 xty ao. d94 ' "`' itat.c n~garhx ao. 67, ppo~eet Ha. 8R-KB-37d2t2) BSgavay .'t ButW^yt e ~ t~aaact 1{octh 0'3a 31' east along aaiL paraliei lint 1,145.42 feet cfl a potttt in th+ propacty iine common cosite 3tst++.oniva a ai Etna L. Tcnain end Nilllt•e o• Aac4n hod vpp , ~05t76,4• of ea 1C kigriu+Y Durveyl th+nce 5ouch 8g'a9~29' Eaac alo69ntain tna~Easctlpngtaflfsid fi5.0 Fact, raora or la+a, <o a p ;tt~4aeh t trhenee soucn 0'38'31' w+at along sai3 East line 1.144.7 frrtr ha mote or Lesa, to the ptacC Qt seGlyttltlG. Highway gcaEian R+feranCer 394+31,42 co i0}*~6-d~! :ha area above described coiiCa~nu aPpcoxi~ne~ly 1.rUJ acres, O.bSb accei of ~hibh is acxnc~i~dgcd eo De a ooctian of a ~ pubYic coed. The Geeti'~4Y 39 ahovn in c:rr abuva land acncciptlan, onirsr otActticiae noted, ac^ fats t~,e Idaho plane Caordinata Syst9a, based on tDc tranau¢r~e mercar.at pcojaccicr. foc tna past Zonr of Idaho, Any ttarst o1 .++~y tenCing to Ge conACrucCbd to not nQCQSSnrlly ine.ndad eo de3icjnat~ ititr ptnperty lin+. and any Vac}~~~4e bttyaan the lo:aeien of right of way fencing and the µctual property line a• ?<vreltt described shall not ba conatr~ad as a p~odifieation or alttrtstion of tt+ln. drs;•rlpclan. ed Grantor con++eys uneo the ~rar.t°° the right to pcahibie the eta r r - loon or construction a2 =ny buLlalrtya o: scruccures exceF•c :Cr)gscidA or d:ainoge OLCIJ~LUrC~ wi~hin tvency test (?0'7 a: tAe :tal ~;:opecey ~~+RU~.~ Il . a.~+' ebevr dencci4cd. ;G i~ clper•r.aty ineenaPd :r,ac c*ete co~enancs, ':ur~i=ns and rastrictia~•~ ':n~'i can uit:~ the lard and shill farQV~t tia3 tCi(: GiaAtOt her tlti.rS nn~ a::signs. TU NAVE ANT TO Nn:.a chn .~~id pcemioe~, with tfiric oErttu; Lern Yn c,Ya, t ,~a9s 2 of 3 ' -E:.1-yf t~1 :4ZP OWNB"'`& CC IhJC '+` e _ ~ , ~~ - _. ~- •~ NJIRRA`.tTY DCLA ftoject xa. 5N-r'C9r3787{2} .. ?asce2 Ito. 2b, 2d. Na. 2]04 ~, . i~ay tta. 69f So 6ANE 11k17 TO !lVLP th* xaid. pctmlSeh, vl.th thiit appurtenancta, unto the said GrOntt! and ita suCa.eBiocs an4 auaSQna corevrtr. 71nd the Grantor dUre htteby t:ovxnant to end vith eht eflSd Craatac, that 9-1e is the ownsr in ipe 11vp1e o! aaib prraiasar lhnt they are Etas team all aneuc+btdmea and that th,~ v~Yl vacrarit and defend tAe aaaa f:tJm atl laxful C1aSmL V216tiOC'~f 1 i~1 W7TNES3 KH2A~CP, CrantAr hn~ l~eteunt0 3At her hand and teSl CRd aay and year ~1r,st bbovt Vri;tnn. ~) to . County of ~_ A II ~. f Gn chLS .Sa1r day Af ~~ „ ]98: LcCui~` mc, rha understanad, a :;scary PuGl.c in and or nt+iQ state, peraon~ll~• eopeairrl CRNA L. TaM1.Iw, a binytq person, Knovn to 2c LG Ue t114 pPisaR uh~Su haA1R >Y yu,Arli4ed i} LI1c :OCP~O1.1Q ln~"_tamenlr 3~c1 :aCkrtiiVl.tlyhl CO a0 ttlat 9bt exrc.:rrd tria :~amc, i1~ N1TNl:ss NHEAEUt', i 13'1• tic:cuntb ate! .Y.1 '•A~1 S ,~~1i1 itf l XP.d my ufC:ti3l .~.+i t'ib 4'Oy 3Rd y9?1f in ?:,~~ ~eC;ii!~~~..: j:ti~. dt5.)vp MrlttCl~. , ~ ~A! 1 ~~ ~ ~ Ma~Jd of --r-,~-c-ti...C,~. ' .a t_i. ~' l~- 7 _v use: r . ~• '' . t - p •cc ? riTLr rn ~g .a.it~'rl is _~ a. ~_J~_ t . .. ~ 7~ Y1._:c.._ _> ~„ ~ 4E .J ,'7:. % N ~. •t ~ il~UiU~ r'... ~ ._ .. •a ~' .1.7 - O ) ~ . ~ ere _; .; ~j: ~;,. ~ ~ .. . . ~ -r• r Gvy..i, P.04 f' , a .. S t, l' 1 Roylance & Associates ~ .A. 391 W. State Street, Suite E, Eagle, Idaho 83616 August 29, 2000 Project No. 2091 Legal Description for Annexation and Rezone Valley Shepherd Church of the Nazarene 34.84 Acre Tract Engin~.:rs Surveyors Landplanners Telephone (208) 939-2824 Fax (208) 939-2855 A tract of land located in the Northeast one-quarter of the Southeast one-quarter of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing, at the Northeast corner of the Southeast one-quarter of said Section 24, thence along the easterly line of said Southeast one-quarter South 00°-37'-31" West a distance of 188.40 feet to a steel pin located at the Southeast corner of that property conveyed to William O. Aaron and Jean L. Aaron, husband and wife, in that warranty deed recorded July 19, 1985 as Instrument No. 8537566, Records of Ada County, Idaho, said point being the POINT OF BEGINNING. Thence along the southerly line of said Aaron tract, North 87°-08' West a distance of 94.40 feet to a steel pin; Thence continuing along the southerly line of said Aaron tract, North 89°-58'-30" West a distance of 1231.55 feet, more or less, to the Southeast corner thereof, said point being on the westerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along said westerly line South 00°-29'-O1" West a distance of 1142.52 feet, more or less, to the Southwest corner of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the southerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, South 89°-55'-18" East a distance of 1323.03 feet, more or less, to the Southeast corner of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the easterly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, North 00°-37'-31" East a distance of 1142.10 feet, more or less, to the POINT OF BEGINNING. The above described tract of land contains 34.84 acres, more or less, subject to all rights-of--way and easements. Prepared By: ~_ f EiY s~P a ~ zooo ROYLANCE & ASSOCIATES P.A. 391 W. STATE STREET, SUITE E EAGLE, ID 83616 (208) 939-2824 (208) 939-2855 (FAX) Y: \PROJECTS \Nazarene\2091 \ADMIN\LEGALS\APPLEGAL. doc Q ~ 1 z~ (o~ . --~ EXHIBIT MAP FOR •-` VALLEY SHEPI-,~RD CHURCH OF T1-..c' NAZARENE 3RUATED IN THE NORTHEAST QUARTER OF THE 80UTHEA3T OUAFIrTER OF SECl10N 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, 8013E MERIDIAN, ADA COUNTY, IDAHO NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SEC110N 2' a G C N89 58'25 °W 1326.34' NORTHEAST CORNER OF SOUTHEAST 1/4 SEC110N 24 r ~~ I ° INST. NO. 8537566 ~ N89 58'30°W 1231.55' f I I N8~~~~° W I SUBJECT PROPERTY I to l o N 34.84 ACRES ± ~N ST. NO. 97024920 I o I ~" I o~ ~A I O ~ NE1/4 OF THE SE 1/4 I I SECTION 24 i I I c I ~: ~. SOUTHWEST CORNER OF I THE NORTHEAST 1/4 OF I THE SOUTHEAST 1/4 OF I SECTION 24 S89 55'18 "E 1323.03' a j Z SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SEC710N 24 yr ~a,w~ sir ROYLANCE AND ASSOCIATES PA. Engineers -Surveyors -Land planners 200 100 0 200 400 600 391 W State Street Suite E Eagle, Idaho 83616 ----- (208) 939-2824 ~--.~ NAZARENE CHURCH PROPERTY OWNERS WITHIN 300' QUEENLAND ACRES INC 1032 E CAYMAN DR MERIDIAN ID 83642-6661 S MERIDIAN STODDARD 3114 S STODDARD RD BEAR CREEK LLC 6223 N DISCOVERY WAY STE 100 BOISE ID 83713-0000 2370 S STODDARD RD DEVELOPMENT COMPANY THE 1903 S GULL COVE PL MERIDIAN ID 83642-6574 S GULL COVE PL SMITH LAURI L 2318 S GULL COVE PL MERIDIAN ID 83642-0000 LARREA JOSE RAMON 105 ROSALYN CT MERIDIAN ID 83642-6603 GRIFFITH DONALD E & GRIFFITH ESTER Y 2560 S MERIDIAN RD MERIDIAN ID 83642-6542 SHACKELFORD RICHARD L DVM & THERESA PO BOX 44753 BOISE ID 83711-0753 2600 S MERIDIAN RD BARTLETT JOHN W III & BARTLETT LINDA J 105 EDMONDS CT MERIDIAN ID 83642-6605 AARON WILLIAM O & AARON JEAN L 2435 S MERIDIAN RD MERIDIAN ID 83642-6543 VALLEY SHEPHERD CHRCH NAZARENE 831E 01ST ST MERIDIAN ID 83642-0000 2475 S MERIDIAN RD ADKINS JACK L ~ ADKINS JOAN G 400 W VICTORY RD MERIDIAN ID 83642-6902 NELSON CLOYD W PAINTER MAURICE E 3015 S MERIDIAN RD MERIDIAN ID 83642-6545 LARREA JOSE I & LARREA JANICE E 100 ROSALYN CT MERIDIAN ID 83642-6602 MUSSELL TIM J MUSSELL CAROL M 110 E VICTORY RD MERIDIAN ID 83642-6984 ,~ VALLEY SHEPHERD CHURCH OF THE NAZARENE 831 EAST FIRST STREET MERIDIAN, IDAHO 83642 Nine Hundred Fifty-eight and 44/100 dollars MERRILL LYNCH BANK ONE, COLUMBUS NA COLUMBUS, OHIO 43271 25-80/440 ~No. 4338 CHECK NO. DATE AUg.3O ~ 2000 AMOUNT $958.44 PAY CITY OF MERIDIAN TO THE 33 E. IDAHO AVE. ORDER OF MERIDIAN, IDAHO *#~$@ VALLEY SHEPHERD CHURCH OF THE NAZARENE -_ ~ ~._-----__._..._ _-_-------------------.MP 11'00433811' ~:044000804i: 04 L L6075303511' Z Q ~ 3` CV ~ _ ~ C O ~ ~ ~ . ~ ~ ~ _ ~ ~ ~ p ~ ~L C~ C U 1 a ~ ao ~ ~ ~ ~ a ~ 0 O J a X Q H O ai c ° 1- o w ~ ~o d w N o a ~ U U ~ f0 Q ~ d Z O ~ ~c A a ~ E C ,~ n a Q =_ U \ • ~ ~ d a f !A s; °' ~ 0 0 ~ CS ~ O oD V d T a 4 ~ ~m M y, ~ E 2 d ~ ~ ~ ~' ~ A M `O ~Z E N o ~, ~ N ~ ~ ~ ~' c--1 ~ ~ ~ ~ ~ ~ o z ~ ! OJ Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL AUVERTlSlNG PROOF OF PUBLlCAT10N Account ~ DTI# Identification Amouni: 06451 4 496964 ORDINANCE 01-908 X172.75 Ordered by: P.O. # Rate Run Dates SHELBY UGARRIZA NT Jul 31, 2001 CITY OF MERIDIAN Number of Lines 33 E. IDAHO AVE. 97 X 2 MERIDIAN, ID 83642 Affidavit Legal # 1 11090 JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: ONE consecutive weekly ~X single consecutive daily ~ odd skip insertion(s) beginning with the issue of: JULY 31 2001 and ending with the issue of: JULY 3 1 2001 ~~~- ~ ~~~•• of re~••~ • ~~. ~q~ ••.,...,• Cd •~ ~ ~ s ~Q ~ • s :z, c ~ ~ ~' - ' 1'U tC ~ yJ,• BL '. .~ •, •' n s •~ • ~; ~- STATE OF IDAHO ) )SS COUNTY OF ADA On this 31 day of JULY in the year of 2001 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. ~~' ~2~ ~ 2~ u~1~~ Notary Public for Idah ' ~ Residing at: Boise, Idaho ~j/~ G~ My Commission expires: BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written parcel of land located in the SW 1/4 of Section) 31 Township 4 North, RanggPeol Eastt the SE 1/4 of .Section 36, Township 4 North, Range 1 West, and the NW 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as foollows: Range 1 East Bo sehMerid an the REAL POINT OF BEGINNING oftthis description;~p 4 North, Thence N 89°35'39' W 25.00 feet to a point on the west right-0f-way line of Meridian Road; Thence N 00°50'16" E 1919.33 feet along said west right-of-way to a point; Thence S 89°35'39' E 1655.04 feet to a point;, Thence S 00°50'16' W 1964.33 feet to a point on the south right-of-way line of Ustick Road; Along said south right-of-way; Thence N 89°35'39° W 538.34 feet to a point; Thence N 00°50'16" E 20.00 feet to a point; Thence N 89°35'39' W 1091.70 feet to a point on the west line of the NW 1/4 of Section 6, Township 3 North, Range 1 East, Boise Meridian; Leaving said south right-of-way; Thence N 00°50'16' E 25.00 feet to the REAL POINT OF BEGINNING of this description, said parcel comprising 74.10 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho ,SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medwm Densely Residential District (R-8). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the 19th day of January , 2001 ,and that the uses are to be developed under the planned unit development process and conditional use permit process. 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 ppublication, according to law. SECTION 8: The Clerk of `the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certrfied 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. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 6th day of February , 2001. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 6th day of February , 2001. Robert D. Corrie, MAYOR AFTEST: William G. Berg,. Jr., CITY CLERK STATE OF IDAHO, 1 ss. County of Ada. ) On this 6th day of February , 2001 ,before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. i IN WITNESS WHEREOF, I have hereunto set my hand and affixed, my official seal the day and year first above written. Shelby Ugarriza, NOTARY PUBLIC FOR IDAHO RESIDING AT: Meridian MY COMMISSION EXPIRES: 9/26/01 Pub. Jul. 31, 2001 11090 LEGAL NOTICE CITY OF MERIDIAN ' ORDINANCE N0. 01-908 4 +"~, Ordinance Distribution Check Off Sheet for Ordinance No. ~Z _c~~ ~ Project File: ~~~:1~~~~ ,~%-~-f~~~'C`~~ 7 Once recorded all ordinances are distributed to: Applicant City Engineer City Planner City Attorney ~ City Treasurer State Tax Commission ~1 County Auditor County Treasurer County Assessor j~- Robert Campbell at COMPASS Sterling Codifiers Clerks Office: Copy to Project File Scan into Laserfiche ~' Copy to Ordinance Book Original to Minute Book Total: 13 copies for Distribution ~^ ~ RECORDED- REOIiES i C;' ,' ^,~ CU~~NTY RECQROE? ~~~2 ~~ 27 ~~a f~ t 3 ~ 10 7 ~~ 2 0 2 I MCRlD1AN CITY ORDINANCE NO. d L ~ ~~~ CITY OF MERIDIAN AN ORDINANCE AMENDING ORDINANCE NO. 02-938 BY COUNCIL MEMBER: /'~` ~~ ~~ }~'t-~ AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, AMENDING ORDINANCE NO. 02-938 TO AMEND THE LEGAL DESCRIPTION AND FINDING THAT CERTAIN LAND TO BE KNOWN AS THE LOCATION OF THE LOCUST GROVE LDS CHURCH 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 NEIGHBORHOOD BUSINESS DISTRICT (C-N); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRII'TION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: A parcel of land situate in the southwest quarter of the northwest quarter of the northwest quarter of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: AMENDED ORDINANCE N0.02-938 ANNEXATION AND ZONING ORDINANCE (AZ-O1-019) - 1 ~ ~ Commencing at the northwest corner of said Section 17; thence S00°00'00"W, 479.99 feet along the westerly boundary of said Section 17 to the REAL POINT OF BEGINNING: Thence N89°32' 15" E, 382.88 feet; Thence S00°00'00"W, 113.74 feet along a line parallel to the westerly boundary of said Section 17; Thence N89°32' 15" E, 162.12 feet; Thence S00°00'00" W, 296.62 feet along a line parallel to the westerly boundary of said Section 17; Thence S89°31'00"W, 545.00 feet to the westerly boundary of said Section 17; Thence N00°00'00"E, 410.56 feet along the westerly boundary of said Section 17 to the REAL POINT OF BEGINNING. Comprising 4.712 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Neigbhorhood Business District (C-N). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, AMENDED ORDINANCE N0.02-938 ANNEXATION AND ZONING ORDINANCE (AZ-O1-019) - 2 '"~ 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. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~r-TCtii-..~.._ , 2002. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~~~ day of c-/Gt~~ , 2002. OR , ~~~ui~nrrnr ATT T: CITY CLERK First Reading: ~-~~ ~' ~ Adopted after first reading by si 902 Second Reading: Third Reading:_ .~` • ~. ~~, rF0 ~~ s =_ s~AL - ~ _ ~~.ensi ~ f the Rule' ~11~ STATE OF IDAHO,) County of Ada. Yes: .~ ss. COUNT`I , ~~rrrrr~;;s nsi~~~~~``~ pursuant to Idaho Code 50- On this~day of kL,~NL~. 2~OZ ,before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yearf 'L'id*~ written. D ~~~. . 1 . ,Gji~'~ •'~+ cwt, i ( ~ i / r CCV 1. G`~ i (SEAL) ~ ~ / ~ NOTARY PUBLIC FOR IDAHO :~ ~.~~,~ ,,0,: RESIDING AT: q~t ~ ' -~vi,~~ ~~~~' •.;?gpg"~~.• MY COMMISSION EXPIRES" -Zs~-a5 Z:\Work\M\Meridia}~'l141tswiA~~i 15360MU.DS Church AZ-O1-019 CUP-O1-038\AmendedOrd02938AZOrd.doc AMENDED ORDINANCE NO. 02-938 ANNEXATION AND ZONING ORDINANCE (AZ-O1-019) - 3 ~ --~ Q ~- 210 OOOMN210H1 p W '~ z Y z CV M ~ W ,~L~Z Ll Z Mu00,00.005 M„OO,OO.OOS } I ~ w a o N ~ IM N ~,,~ nj ~ ~ ~ ~ ~ ~ ~ Z ~C:'~1 pjg 421 3110210 1Slla0l ~„UU,UU.UUN ~~ O Z Z ~ Z _Z ~ O W a. m J ' ~ W N 1 ^ V ~/ Q m ~ Z ~ O ; W ~ N Z N ~ Q ~ ~ O Q ~ ~ Z 0 ~ ~ ~ I- ~ ~ ~ z W = o j I~ o m - W U ~ ~ ~ ~ U Z J z ~ ~a ado Q = ~ ~'3w Z ~ w ~W~ o = N U~ ~ v cn O z `° ~ a _1 U Q ORDINANCE NO. C~~ ~ ~5.3 CITY OF MERIDIAN AN ORDINANCE AMENDING ORDINANCE NO. 01-908 BY COUNCIL MEMBER: ~/ ~`L ~~~ AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, AMENDING ORDINANCE NO.01-908 TO AMEND THE LEGAL AND FINDING THAT CERTAIN LAND TO BE KNOWN AS THE LOCATION OF VALLEY SHEPHERD CHURCH OF THE NAZARENE 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 MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, with attached MAP as Exhibit "A", by the owner of said Property to-wit: AMENDED ORDINANCE NO.O1-908 ANNEXATION AND ZONING ORDINANCE (AZ-00-018) - 1 n ''1 A tract of land located in the Northeast one-quarter of the Southeast one-quarter of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; more particularly described as follows: Commencing at the Northeast corner of the Southeast one-quarter of said Section 24, thence along the easterly line of said Southeast one-quarter South 00°-37'-31" West a distance of 188.40 feet to a steel pin located at the Southeast comer of that property conveyed to William O. Aaron and Jean L. Aaron, husband and wife, in that warranty deed recorded July 19, 1985 as Instrument No. 8537566, Records of Ada County, Idaho, said point being the POINT OF BEGINNING. Thence along the southerly line of said Aaron tract, North 87°-08'-00" West a distance of 94.40 feet to a steel pin; Thence continuing along the southerly line of said Aaron tract, North 89°-58'-30" West a distance of 1231.55 feet, more or less, to the Southwest corner thereof, said point being on the westerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along said westerly line South 00°-29'-O1" West a distance of 1145.52 feet, more or less, to the Southwest comer of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the southerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, South 89°-55'-18" East a distance of 1323.03 feet, more or less, to the Southeast corner of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the easterly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, North 00°-37'-31" East a distance of 1142.10 feet, more or less, to the POINT OF BEGINNING. AMENDED ORDINANCE N0.01-908 ANNEXATION AND ZONING ORDINANCE (AZ-00-018) - 2 ~-.. The above described tract of land contains 34.84 acres, more or less, subject to all rights- of-way and easements. 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 Medium Density Residential District (R-8). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the 19th day of January, 2001, and that the uses are to be developed under the planned unit development process and conditional use permit process. 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 Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy AMENDED ORDINANCE NO. O1-908 ANNEXATION AND ZONING ORDINANCE (AZ-00-018) - 3 n n of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50-223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this l ~~ day of ~ Grn~-~ , 2002. APPROVED BY THE MAYOR OFT Y OF MERIDIAN, IDAHO, this <% ~vr.~ , 2002. .. `~ = rF CITY CLERK = SEAL STATE OF IDAHO,) %~ 0,9 ~r t5~c • Q.Z• \~~~ ,,,,~ ~o~~ \````,,,, ss. ''~,,,,,~r~,i ~~--~~~~ County of Ada. ) lv .~' day of On this C ~ day of ~-~(M,2~ t~ 2 ,before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. _.•~~•._ ., ~. (SEAL) ~ :` f • ,iDr,,,,, iG J • ~sT9 ~ ~'rsi+'_ ~O ~ •~. ~ OFD P.'~•~ •.,.... NOTARY PUBLIC FOR IDAHO RESIDING AT:_ ~a~.D~ CpU,~ln~ ~aQa-~i~,.~ MY COMMISSION EXPIRES: -ZF;-ps Z:\Work\M\Meridian\Meridian 15360M\NazareneChurchAZ018\AmendedOrd01908AZOrd.doc AMENDED ORDINANCE NO.O1-908 ANNEXATION AND ZONING ORDINANCE (AZ-00-018) - 4 VALLEY 3HEP~ .~.RD CHURCH OFT ~ NAZARENE . ~ SITUATED IN TFIE NORINEA3T QUARTEf3 OI~ THEE 30UTHEA3T QUARTER OR,SZ ,TION 24, TOWNSHIP 3'IVORT}-I, .AI~iCE 1 WEST, ®OISE MERiDlAN, ADA COUNTY, IDAHO -- NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUIHEAS7" 1/4 OF SEC170N 24 r-r--- ~G ~~ N8938"25"W 1326.34' NORTHEAST CORNER OF SOUTHEAST 1/4 SECnON 24 ,~ - OUT I o ^~ °_° INST.. NO. 8537566 ~ N8938'.~0"W 123L55' f ~ 7 ~p N89~~Q" "W ~ SUBJECT PROPERTY I o i~ 34.84 ACRES ± I low INST. NO. 97024920 ~~ ~ I o~ I ~ ~ I o 0 _o NE1/4 OF THE SE 1/4 I ~ ~ SEC1lON 24 - I I I ~ ~i I I `? SOUTHWEST CORNER OF I ~ 1HE NORTHEAST 1/4 OF ~ I THE SOUTHEAST 1/4 OF I sECnoN 24 I 200. 100 0 S8935'18"E 1,23.03" SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF 1HE SOUTHEAST 1/4 OF SECnON 24 Pt~~-~ eY ROYLANCE AND ASSOCIATES P~ Engineers -Surveyors -Land planners 200 400 600 391 W State Street Suite E Eagle, Idaho 83616 (208) 939-2824 E~rha;~ "A" June 14, 2002 MERIDIAN CITY COUNCIL MEETING June 18, 2002 APPLICANT ITEM NO. l (~ REQUEST Ordinance No. :Amending Ordinance No. 01-908 Valley Shepherd Church of the Nazarene AZ 00-018 -- Corrected Legal Description AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See Memo See Attached Ordinance Contacted: `' Date: Phone: Materials presented of public meetings shall become property of the City of Meridian. Ci ty of Mer idi an Pu bl ic Wor ks D ept. 1~ECEIV~I~ MAY 1 ~ 2002 Interoffice Memo Dam May 15, 2002 r« Marlene St.George Cc Will Berg Sonya A{Ian File tome Bruce Freddeton RG Annexation Orciinance 01-908 Marlene, City of 1Vieridian City Clerk Office We n:ceived not cation from the State Tax Commission that the above Ordinance has issues with the legal description. We verified the error, and acQuired a new legal from the applicants engineer. Now we need to proceed with an Amended Ordinance to indude the new information. Attad~ed you will find a new legal description with my approval stamp dated May 15, 2002, and an Exhibit map prepared by Roylance ~ Assoaates P.A.. Please use these items in the amended orcfinanoe. Thanks From the desk of... B~voe A. FrecMeton Senior Fngmeer~g Tech. Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 (208) 898-5500 Fax: (208) 887-1297 Poylance & Associates P., 391 UJ. State Street, Suite E, Eagle, Idaho May 10, 2002 Project No. 2091 E,~c~ineers Surveyors Landplanners 83616 Legal Description for Annexation and Rezone Valley Shepherd Church of the Nazarene 34.84 Acre Tract Telephone (208) 939-2824 Fax (208) 939-2855 A tract of land located in the Northeast one-quarter of the Southeast one-quarter of Section 24; Township 3 North. Rance 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of the Southeast one-quarter of said Section 24, thence along the easterly line of said Southeast one-quarter South 00°-37'-31" West a distance of 188.40 feet to a steel pin located at the Southeast corner of that property conveyed to William O. Aaron and Jean L. Aaron, husband and wife, in that warranty deed recorded July 19, 1985 as Instrument No. 8537566, Records of Ada County, Idaho, said point being the POINT OF BEGINNING. Thence along the southerly line of said Aaron tract, North 87°-08'-00" West a distance of 94.40 feet to a steel pin; Thence continuing along the southerly line of said Aaron tract, North 89°-58'-30" West a distance of 1231.55 feet, more or less, to the Southwest corner thereof, said point being on the westerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along said westerly line South 00°-29'-Ol" West a distance of 1145.52 feet, more or less, to the Southwest corner of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the southerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, South 89°-55'-18" East a distance of 1323.03 feet, more or less, to the Southeast corner of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the easterly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, North 00°-37'-31" East a distance of 1142.10 feet, more or less, to the POINT OF BEGINNING. The above described tract of land contains 34.84 acres, more or less, subject to all rights-of-way and easements. Prepared By: ROYLANCE & ASSOCIATES P.A. '`~~~` ~,- ~ - t ~~ ..:,. 391 W. STATE STREET, SUITE E _y , i EAGLE, ID 83616 -' (208) 939-2824 (208) 939-2855 (FAX) ~ ~7~ y .,~~~ Meridian Public ~~? f t; ~. ~', Works Dept `°~~.~-~-~r'" ~•io-oZ X:~PROJECTSWazacene~2091 WDMIN~LEG~LS~APPLEGAL.doc . ~iei i nngr r-~t VALLEY SHIP; ..~RD CHURCH OF.., T E NAZARENE SfT'UATED IN TH, SORTHEAST QUARTER OF T>• SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 NORTH, RANCaE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO _. ;vORIHWFST CORNER OF IHE NORTHEAST 1/4 OF IHE SOUTHEAST 1/4 OF SECTION 2' . ~C N8938"25°W 1326.34' NORTHEAST CORNER OF SOUTHEAST 1/4 SEC110N 24 0~ I o INST. NO. 8537566 ~ N8938'30°W 1231.55' f I 7 N 9~~~'~W I SUBJECT PROPERTY I i o l o N 34.84 ACRES ± ~' I ~ ` INST. NO. 97024920 I ~~ I ' o~ °^ I o I ~= NE1/4 OF THE SE 1/4 I SECTION 24 I I I I I~ c SOUTHWEST CORNER OF I THE NORTHEAST 1/4 OF I THE SOUTHEAST 1/4 OF I SEC 110N 24 S8955'18"'E 1323.03" ~. ~; C SOUTHEAST CORNER OF THE NORIHEAST 1/4 OF IHE SOUTHEAST 1/4 OF SECTION 24 y~+ ~A~ sir ROYLANCE AND ASSOCIATES P~ Engineers -Surveyors -Land planners 200 100 0 200 400 600 391 W State Street Suite E Eagle, Idaho 83616 (208) 939-2824 RECEIVED MAY 2 p 2002 CITY OF MERIDIAN WHITE PETERSON ~~T~' CLERK OFFICE WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINIUS PHII.IP A. PETERSON ATTORNEYS AT LAW NAMPA OFFICE JULIE KLEIN FISCHER ERICA S. PHILLIPS WM. F. GIGRAY, In * ERIC S. ROSSMAN 830 E. FIRST STREET SUITE 200 5700 E. FRANKLIN RD., SUITE 200 T. GUV HALLAM TODD A. ROSSMAN , D. SAMUEL JOHNSON DAVID M. SWARTLEY POST OFFICE BOX 1 I50 NAMPA, IDAHO 83653- LARRY A MOORE PAMELA J. TARLOW MERIDIAN, IDAHO 83680-1150 8402 WILLIAM A. MORROW TERRENCE R. WHITE** TEL. (208) 466-9272 WILLLaM F. NCHOLS* NICHOLAS L. WOLLEN TEL (208) 288-2499 FAX (208) 466-4405 CHRISTOPHER S. NYE FAX (2O8) 288-2$01 PLEASE REPLY TO *Also admitted in OR MERIDIAN OFFICE ** Also admitted in WA May 20, 2002 William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 Re: VALLEY SHEPHERD CHURCH OF THE NAZARENE / AZ-00-018 AMENDED ORDIANCE 01-908 ANNEXATION AND ZONING ORDINANCE (R-8) Dear Will: Please find enclosed an amended ordinance for the annexation and zoning for Valley Shepherd Church of the Nazarene. Apparently, the legal which was originally supplied to the City was incorrect, and it was not discovered to be incorrect until the ordinance reached the State Tax Commission office. I have attached a copy of the memo from Bruce Freckleton explaining this matter. Therefore, in light of the situation, and with the submittal of the new legal, please find attached the amended ordinance. Also, please supply this information to the Mayor and Council so that they will be aware of the situation and why the ordinance needed to be amended. Please place this amended ordinance on an upcoming City Council agenda for approval. If you have any questions arise, please advise. Very truly yours Wm. F. >ic ols Z:\Work\M\Meridian\Meridian 15360M\NazareneChurchAZ018\Clerk on Amended Ord 01908 .doc Interoffice Memo ~ May 15, 2002 r« Marlene St.George C~ Will Berg Sonya Allan File F~ Bruce Fredcleton ~ Annexation Orctinance 01-908 Marlene, We received notification from the State Tax Commission that the above Orclinanee has issues with the legal description. We veti~ed the errror, and acquired a new legal from the applignts engineer. Now woe need to proceed with an Amended Ordinance to include the new information. Attadied you will frnd a new legal c~scription with my eppr4val stamp dated May 15, 2002, and an E~darbit map prepared by Roylance 8~ Associates P.A.. Please use these items in the amended ordinance. Thanks From the desk of... Titvoe A. Fi~ecldebon Sesdor Tech Meridian Public Works Depattmeat 660 E. Watertower sane, Snife 200 Meridian, Idaho 83642 (20$) 898-5500 Fay (208) 887-I297 1 ~~ ~ COi' ~ P1i~.r Ct~V1YT I RECD,°,~L,ia. p~ 2031 Jt 26 F~ 2~ 3 R~co~~zLAi7- ~i~i~ni ~is~ ;YI~ / Fri ~ GEPJ Y ,~/1~V~ -- ~'~°iui0749~3 CITY OF MERIDIAN ORDINANCE NO. a~' ` ~a AN ORDINANCE FINDING THAT CERTAIN LAND TO BE I<NO~'VN AS THE LOCATION OF VALLEY SHEPHERD CHURCH OF THE NAZARENE LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF 1~~IERIDIAN, 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 MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-00-018) - 1 ~^-~ A tract of land located in the Northeast one-quarter of the Southeast one- quarter of Section 24, Township 3 North, Range 1 West, Boise-Meridian, Ada Cotmty, Idaho, more particularly described as follows: Commencing at the Northeast corner of the Southeast one-quarter of said Section 24, thence along the easterly line of said Southeast one-quarter South 00°-37'-31" West a distance of 188.40 feet to a steel pin located at the Southeast corner of that property conveyed to William O. Aaron and Jean L. Aaron, husband and wife, in that warranty deed recorded July 19, 1985 as Instrument No. 8537566, Records of Ada County, Idaho, said point being the POINT OF BEGINNING. Thence along the southerly line of said Aaron tract, North 87°-08' West a distance of 94.40 feet to a steel pin; Thence continuing along the southerly line of said Aaron tract, North 89°-58'- 30" West a distance of 1231.55 feet, snore or less, to the Southeast corner thereof, said point being on the westerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along said westerly line South 00°-29'-O1" West a distance of 1142.52 feet, more or less, to the Southwest comer of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the southerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, South 89°-55'-18" East a distance of 1323.03 feet, more or less, to the Southeast corner of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the easterly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, North 00°-37'-31" East a distance of 1142.10 feet, more or less, to the POINT OF BEGINNING. The above described tract of land contains 34.84 acres, more or less, subject to all rights-of-way and easements. 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. ANNEXATION AND ZONING ORDINANCE (AZ-00-018) - 2 ,~-~ '-~ S:~CTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the / ~'~ day of ~6~ uu r ~~'~'~ , and that the uses are to be developed under the planned unit development process and conditional use permit process. 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 ANNEXATION AND ZONING ORDINANCE (AZ-00-018) - 3 /'~ shall also file simultaneously a certified copy of this ordinance and map ~~~th the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50- 223. PASSED BY TLIE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ day APPROVED LY THE MAYOR OFT CITY OF MERIDIAN, IDAHO, this day of ~'6~'u ~: r ,-~6@6Zoc1 ~ / '~` r MAY R -- •-.. ATTEST: ~~ ~... FQ -• J C~~ ~"` ~":._::s°~.~5 ITY CLERK STATE OF IDAHO,) ~=• ~'~?~,°°r zit • ,~~ ;-~ ~ "` County of Ada. ) ~'`~~~ ' '' ``~ ~~ ~~ On this ~G ~' day of ~~~y~1 ~ ~ ~( 2cd i before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and~~~ ~ first above written. .~ ~:~, (SEAT,) ~~~~ ~ ~'~~~ NO ARY BLI FOR IDAHO b~a ~ ~~ ~ ~~~ RESIDING AT: ~Vt~~l,i~,l_Ct-~ L~ ~ '~ ~ a J e o~ .9 © MY COMMISSION EXPIRES:h ZhCh ~ ~j L7 ~'a~ ,;,,Irk fl.~ '~/~ msg\Z:\Worlc\M\Meridian\Meridian" 2931i0M~\NazareneChurchAZ018WZOrd ANNEXATION AND ZONING ORDINANCE (AZ-00-018) - 4 s~a 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., Citv Cleric, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. n~-.~~'~ passed by the City Council of the City of Meridian, on the ~ ~ day of ~~rit~~~.J L/~C' ~ -x$68, is a true and correct copy of the original of said document which is in the care, custody and control of the City Cleric of the City of Meridian. `~` i,f~ Cr"~ ~ ~~~r'sCS 1 ~. ~ ~~~ ~~,,, ~vILLIAM G. BERG, - ~ ~- ~~. TATS OF IDAH~O~~ t ~~+~'~~~: S ~~ ,~ County of Ada, ) On this ~~= day of ~~~~ Gtr. /~, in the year ~~ i ,before me, ~~~~i l,~l h-vVl z~~ , a Notary Public, appeared WILLIAM G. BE G, JR., known or identified to me to be the City Cleric of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. ~~e~aa~~~ ~ )~ ~. r ~i"~'®(y ~ r-~~~ ads C((/// SFAI ~~; ,~.~ ~~.~a Notary Public for I o ~~~ ~ ~~ ~~ ~~°' Commission Expires:_ ~ e eY~1 'vim ~ ~ 1 d( Q ~a a ~, :~ ~ ~, -~,~c~ 4 Cj, `y msg\Z:\Worlc\JVI\ft¢~tT\~tetf~i$pi~360MW azareneChurchAZ018\CertificationOfClerkOrd ~q ~: yr W'~~ °Mna~aa ~~~ ~~ CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-00-018 on mm ~~ 0 n Z~O >°~~ =mm ~~Z7 u~~ ~=+D ^~r'Z ~ r ~~ ~\ . ,.. ,~~{, LEGAL DEPARTMENT .,~ ;%~~` (208) 288-2499 •Fax 288-2501 MAYOR Robert D. Corrie l~~"$1 i~ ~'-ji f PARKS & RECREATION caTV o ~ ? s \; (208 888-3579 •Fax 898-5501 CITY COUNCIL MEMBERS -~ ,~~ .~,,~ ~, Y1G~l~y1 PUBLIC WORKS 7 297 Tammy deWe.erd /` ;,' -1 (208) 898-5500 •Fax 88 William L. M. Nary IDAHO ~/ ,~ BUILDING DEPARTMENT Cherie McCandless y~cF, / (208) 887-221 I •Fax 887-1297 Keith Bird ~~Q tiTER"['~T~-~~:f:-V ~ ,s~NCe PLANNING AND ZONING ivoa (208) 884-5533 •Fax 888-6854 July 2, 2002 Re: Locust Grove LDS Church AZ 01-019 Ordinance No. 02-954 Amending 02-938 Dear Applicant or Agency, Enclosed you will find a copy of the recorded ordinance as noted above. Please feel free to contact our ofFce if you have any questions. Sincerely, Sharon Smith/ ~' Deputy City Clerk Enc. 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 •Fax (208) 887-4813 City Clerk Oftice Fax (208) 888-4218 Human Resources Fax (208) 884-8723 February 2, 2001 Ordinance MERIDIAN CITY COUNCIL MEETING February 6, 2001 APPLICANT Valley Sheperd Church of the Nazarene ITEM NO. 7 REQUEST Ordinance for AZ 00-018 -- request for Annexation and Zoning of 34.84 acres to R-8 west of S. Meridian Road, south of W. Overland Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: See Attached ~~-~ ~~~`~', °Cq' .,,1.~ ~~ ~-~~ ~% ~~ Date: ~~~~ Phone: O~~'~l ~~ Materials presented at public meetings sKall become property of the City of Meridian. ,.--. ** TX CONE ...~'IRT I ON REPORT ** AS OF DEC 27 '00 08 31 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 01 1227 08 30 PUBLIC WORKS 1 t~ ~~-~~ S~ ~ ° ~ ~~~ - ~~` ~ ~~~~ MODE MIN/SEC PGS CMD# STATUS OF--S 01'01" 004 217 OK R~cE~D n~~ ~ s 2000 CITY OF MERIDIAN ~~" CITY OF MERIDTAIV ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS THE LOCATION OF VALLEY SHEPHERD CHURCH OF THE N,AZARENE~ LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF AD,A, 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 TFIE CITY OF MERIDIA.t~I AND ZONING DIrSIGNATI=D MEDIUM DENSITY RESIDENTIAL, DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPERLEGAL DESCRIPTIONAS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE 0'~ IDAHO; REI'I`A.LING 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 MERIDIAI~~, IDAHO; AND DIRECTING TI-3E CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF TIDE AREAS TO FE ANNEXED WITFI ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAT-I0, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-22 l5. BE IT ORDAINED BY THE MAYOR AND TI~"E COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAL-IO: SECTION 1. FINDINGS: That the following desctibed 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: ANNEXATION RND ZONING ORDINANCE (AZ-00-018) - 1 --,.. WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER CHRISTOPHER S. NYE WM. F GIGRAY, III PHILIP A. PETERSON BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN LARRY D. MOORE DAVID M. SWARTLEY WILLIAM A. MORROW TERRENCE R. WHITE*• WILLIAM E NICHOLS* "ALSO ADM[TTED IN OR "*ALSO ADMITTED IN WA 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 December 26, 2000 William G. Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE REcErvED ~ ~ c 2 s Zooo CITY OF IiI~~II)IA.~ Re: VALLEY SHEPHERD CHURCH OF THE NAZARENE / AZ-00-018 ANNEXATION AND ZONING ORDINANCE (R-8) Dear Will: Please find enclosed the above ordinance for the annexation and zoning for Valley Shepherd Church of the Nazarene. 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. Additionally, I did not include any of the conditions of development set forth in part 3 of the Decision and Order, due to the fact that it is my opinion that annexation and zoning ordinances should not contain conditions other than a reference to a development agreement if so ordered. A development agreement was requested in this matter so I have fashioned the language in the Decision and Order to address the conditions of within the Development Agreement and that the property is to be developed under the planned unit development process and conditional use permit process. Please supply this letter to the Mayor and Council for their consideration of these Findings and Ordinance. If you have any questions arise, please advise. Dtsg\Z:\Work\M\Meridian\Meridian 15360M\NazareneChurchAZ018\Clerk on Ord .Ltr RESOLUTION NO BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND VALLEY SHEPHERD CHURCH OF THE NAZARENE, INC. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with VALLEY SHEPHERD CHURCH OF THE NAZARENE, INC., denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with VALLEY SHEPHERD CHURCH OF THE NAZARENE, INC., entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and VALLEY SHEPHERD CHURCH OF THE NAZARENE, INC., a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. Resolution Valley Shepherd (AZ-00-018) - 1 of 2 PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of _ , MAYOR ATTEST: CITY CLERK msg/Z:\Work\M\Meridian~Jvteridian 15360M\NazareneChurchAZ018\ltesolution Resolution Valley Shepherd (AZ-00-018) - 2 of 2 n ~ CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerlc of this City, I am the custodian of its records and minutes and do hereby certify that on the day of , the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND VALLEY SHEPHERD CHURCH OF THE NAZARENE, INC. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with VALLEY SHEPHERD CHURCH OF THE NAZARENE, INC., denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerlc are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with VALLEY SHEPHERD CHURCH OF THE NAZARENE, INC., entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and VALLEY SHEPHERD CHURCH OF THE NAZARENE, INC., a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. STATE OF IDAHO, ) County of Ada, ) ss. WILLIAM G. BERG, JR. CITY CLERK On this day of , in the year ,before me, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerlc 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:_ Z:\Work\M\Meridian\Meridian 15360M\NazareneChurchAZ018\CertofClerlcDevAgmt Certificate of Clerk (AZ-00-018) - 2 of 2 R~r~~~ ~~ ~ ~ ~ ~ ~ ~ao~ ;~ CITY l~I' N~~IDIAN a ~: ~ ~~. ~$ ~. ~ ~~~ CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS THE LOCATION OF VALLEY SHEPHERD CHURCH OF THE NAZARENE 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 MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE Or 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 MERIDIAi ~~, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO Fr ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: ANNEXATION AND ZONING ORDINANCE (AZ-00-018) - 1 A tract of land located in the Northeast one-quarter of the Southeast one- quarter of Section 24, Township 3 North, Range 1 West, Boise-Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of the Southeast one-quarter of said Section 24, thence along the easterly line of said Southeast one-quarter South 00°-37'-31" West a distance of 188.40 feet to a steel pin located at the Southeast corner of that property conveyed to William O. Aaron and Jean L. Aaron, husband and wife, in that warranty deed recorded July 19, 1985 as Instrument No. 8537566, Records of Ada County, Idaho, said point being the POINT OF BEGINNING. Thence along the southerly line of said Aaron tract, North 87°-08' West a distance of 94.40 feet to a steel pin; Thence continuing along the southerly line of said Aaron tract, North 89°-58'- 30" West a distance of 1231.55 feet, more or less, to the Southeast corner thereof, said point being on the westerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along said westerly line South 00°-29'-Ol" West a distance of 1142.52 feet, more or less, to the Southwest corner of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the southerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, South 89°-55'-18" East a distance of 1323.03 feet, more or less, to the Southeast corner of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the easterly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, North 00°-37'-31" East a distance of 1142.10 feet, more or less, to the POINT OF BEGINNING. The above described tract of land contains 34.84 acres, more or less, subject to all rights-of--way and easements. 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. ANNEXATION AND ZONING ORDINANCE (AZ-00-018) - 2 ~ ~ SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of ,and that the uses are to be developed under the planned unit development process and conditional use permit process. 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 Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and ANNEXATION AND ZONING ORDINANCE (AZ-00-018) - 3 .. ~ ~ 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. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. MAYOR ATTEST: CITY CLERK STATE OF IDAHO,.) ss. County of Ada. ) On this day of before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerlc of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: msg\Z:\Work\NL\Meridian\Meridian 15360MWazareneChurchAZ018WZOrd ANNEXATION AND ZONING ORDINANCE (AZ-00-018) - 4 Post-it® Fax Note Co./Dept. Phone # ~L~ ~ V~~ ~; r~ Phone # CITY OF MERIDIAN ORDINANCE NO. gECE~"~~ DEC 2 7 2600 CITY OF MERIDIAN AN ORDINANCE FINDING THAT CERTAIN LAND TO BE KNOWN AS THE LOCATION OF VALLEY SHEPHERD CHURCH OF THE NAZARENE 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 MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW, BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURER AND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: 7671 uain (~ 1~ From ANNEXATION AND ZONING ORDINANCE (AZ-00-018) - 1 A tract of land located in the Northeast one-quarter of the Southeast one- quarter of Section 24, Township 3 North, Range 1 West, Boise-Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of the Southeast one-quarter of said Section 24, thence along the easterly line of said Southeast one-quarter South 00°-37'-31" West a distance of 188.40 feet to a steel pin located at the Southeast corner of that property conveyed to William O. Aaron and Jean L. Aaron, husband and wife, in that warranty deed recorded July 19, 1985 as Instrument No. 8537566, Records of Ada County, Idaho, said point being the POINT OF BEGINNING. Thence along the southerly line of said Aaron tract, North 87°-08' West a distance of 94.40 feet to a steel pin; Thence continuing along the southerly line of said Aaron tract, North 89°-58'- 30" West a distance of 1231.55 feet, more or less, to the Southeast corner thereof, said point being on the westerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along said westerly line South 00°-29'-O1" West a distance of 1142.52 feet, more or less, to the Southwest corner of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the southerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, South 89°-55'-18" East a distance of 1323.03 feet, more or less, to the Southeast corner of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the easterly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, North 00°-37'-31" East a distance of 1142.10 feet, more or less, to the POINT OF BEGINNING. The above described tract of land contains 34.84 acres, more or less, subject to all rights-of--way and easements. 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. ANNEXATION AND ZONING ORDINANCE (AZ-00-018) - 2 n ~ SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Medium Density Residential District (R-8). SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section 1 dated the day of ,and that the uses are to be developed under the planned unit development process and conditional use permit process. 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 Clerlc of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and ANNEXATION AND ZONING ORDINANCE (AZ-00-018) - 3 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. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2001. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2001. ATTEST: ss. CITY CLERK STATE OF IDAHO,) County of Ada On this day of before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) MAYOR NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES: msg\Z:\Work\M\Nleridian\Meridian 15360M\NazareneChurchAZ018V1ZOrd ANNEXATION A51D ZONING ORDINANCE (AZ-00-018) - 4 CERTIFICATION OF THE CITY CLERK OF THE CITY To: The Recorder, Auditor, Treasurer and Assessor of Ada Coun~~_______ The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerlc, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. , passed by the City Council of the City of Meridian, on the day of , 2001, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. WILLIAM G. BERG, JR. STATE OF IDAHO, ) County of Ada; ss. On this day of , in the year ,before me, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerlc of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ msg\Z:\Worlc\M\Meridian\Meridian 15360M\NazareneChurchAZ018\CertificationOfClerlcOrd R,Ec~~ ~E`' 27 2000 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ-00-018 WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P. A. ATTORNEYS AT LAW ]ULIE KLEIN FISCHER CHRISTOPHER S. NYE WM. E GIGRAY, 111 PHILIP A. PETERSON BRENT JOHNSON ERIC $. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN LARRY D. MOORE DAVID M. SWARTLEY WILLIAM A. MORROW TERRENCE R. WHITE#* WILLIAM E NICHOLS• 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288.2499 FAX (208) 288-2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466.4405 "ALSO ADMITTED IN OR ""ALSO ADMITTED IN WA December 28, 2000 PLEASE REPLY TO MERIDIAN OFFICE ?°~(.~ ~ A~ ~~00 CITY C)F ~~i~~IDIAN ~T ~' r, i L-- ^~ ate' 1'~ ,~ j '~' '~ William G. Berg, Jr., City Clerk MERIDIAN CIi'Y HALL 33 East Idaho Meridian, Idaho 83642 Re: VALLEY SHEPHERD CHURCH OF THE NAZARENE, INC. / REVISED DEVELOPMENT AGREEMENT / CASE NO. AZ-00-018 Dear Will: Please find enclosed the original revised Development Agreement for the above matter. Please replace the previous Development Agreement sent to your office with this new revised Development Agreement. The original of the Resolution and Certificate of Clerk was sent to your office on December 26, 2000. Therefore, you should already be in possession of the those documents. After the Council meeting of January 2, 2001, 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 four Development Agreements 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 owner/developer for signature. Vt~~l~ yc?ur~, ' ,,~ ,,. ~_Ba u ... „a. Zt~:~'. a~... ..'t1 ... .. _.. s.. Wm. F. Nichols msg,Z:\Worlc\M\Meridian\JVleridian 15360MWazareneChurchAZ018\FFCL and DevAgtCIIc122800.1tr WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER CHRISTOPHER S. NYE WM. E GIGRAY, III PHILIP A. PETERSON BRENT JOHNSON ERIC S. ROSSMAN D. SAMUEL JOHNSON TODD A. ROSSMAN LARRY D. MOORE DAVID M. SWARTLEY WILLIAM A. MORROW TERRENCE R. WHITE** WILLIAM F. NICHOLS* 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466-9272 FAX (208) 466.4405 *ALSO ADMITTED IN OR **ALSO ADMITTED IN WA William G. Berg, Jr., City Cleric MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 December 26, 2000 PLEASE REPLY TO MERIDIAN OFFICE REcE~D DEC 2 6 2000 CITY OI' NIEIIIDIAN Re: VALLEY SHEPHERD CHURCH OF THE NAZARENE, INC. / ANNEXATION AND ZONING FINDINGS, DEVELOPMENT AGREEMENT, RESOLUTION AND CERTIFICATE OF CLERK CASE NO. AZ-00-018 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 December 19, 2000, and which are on the agenda for January 2, 2001. I have also attached the on ''pals of the Resolution and Certificate of the Clerk for the Development Agreement for owner/developer's signature. I have also attached hereto the Development Agreement for the above matter. After the Council meeting of January 2, 2001, 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 four Development Agreements 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 owner/developer for signature. Very truly your Wm. F. Nichols msg/Z:\~NorlcW(\MeridianWteridian 15360MWazareneChurchAZO l8\FFCL and DevAgtClk.ltr February 2, 2001 AZ 00-0 l 8 MERIDIAN CITY COUNCIL MEETING February 6, 2001 APPLICANT Valley Sheperd Church of the Nazarene ITEM NO. G REQUEST Annezation and Zoning of 34.84 acres To R-8 /~ west of S. Meridian Road, south of W. Overland Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS S~ d Development Agreement ~ ~ ~l i~~ ~~ OT ~ ~ f~ ~~ ~o~ O ~~ ~a~ -~~ ~~ ~~ ~~~ /, '~ U"' Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. ,'°^~ ~ y/1 (.I ~'.~' J `' n 1 ` ` r nn ': ~J 1 F ~. ~ ~ F' ~ ; ,;~ Zug '~ DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Valley Shepherd Church of the Nazarene, Inc., Owner/Developer FILE COPY THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this / %'`h day of /~'h ~ ~ r y , 2~c , by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and VALLEY SHEPHERD CHURCH OF THE NAZARENE, INC., hereinafter called "OWNER"/DEVELOPER", whose address is 831 East First Street, Meridian, Idaho 83642. 1. RECITALS: 1.1 WHEREAS, "Owner"/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 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner"/"Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of R-8 Medium Density Residential District, (Municipal Code of the City of Meridian); and NOE~~ W ~~~ ~~j~v~J`J~~ DEVELOPMENT AGREEMENT (AZ-00-018) - 1 1.5 WHEREAS, "Owner"/"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 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 2'`~° day of ~%~1ti.ur~f-y~ Go ~ / ,has approved certain Findings of Fact and v Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Owner"/"Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER"/"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 "Owner"/"Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning DEVELOPMENT AGREEMENT (AZ-00-018) - 2 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 Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of tl:e presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER"/"DEVELOPER": means and refers to Valley Shepherd Church of the Nazarene, Inc., whose address is 831 East First Street, Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT (AZ-00-018) - 3 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Section 11-7-2 D) which are herein specified as follows: Construction and development of a church and amulti-purpose faczlity. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner"/"Developer" is required to submit 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 SL Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property". 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owner"/"Developer" shall develop the "Property" in accordance with the following special conditions: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 6.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. DEVELOPMENT AGREEMENT (AZ-00-018) - 4 6.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 6.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 6.4 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 6.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6.6 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 6.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 6.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.I~. 6.9 All construction shall conform to the requirements of the Americans with Disabilities Act. DEVELOPMENT AGREEMENT (AZ-00-018) - 5 6.10 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 6.11 Buffering of adjacent properties shall be reviewed during the conditional use permit process. 6.12 Approximately half of the 35-acre parcel proposed for annexation is designated to sewer into the Black Cat Trunlc which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Duna-Meridian Road, is designated to sewer into the 12- inch sewer that shall be extended from Ellc Run Subdivision. The Bear Creelc Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-inch gravity sewer line in Overland Road which shall be at or over capacity at build- out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunk along the east-bound off ramp of I-84. As per P/Z and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creelc Subdivision. No provisions are being made for any other development to sewer into it. Adopt the Recommendations of the Ada County Highway District as follows: 6.13 The applicant shall have a maximum of two driveways on Meridian Road. The driveways shall offset or align a minimum of 600 feet from any existing or proposed driveways or roadways on Meridian Road. 6.14 The applicant shall be required to pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement of Meridian Road (SH-69) and install DEVELOPMENT AGREEMENT (AZ-00-018) - 6 pavement tapers with 15-foot radii abutting the existing roadway edge. 6.15 The applicant shall be required to construct a 5-foot-wide concrete sidewalk on Meridian Road (SH-69) abutting the developed portion of the site. Coordinate the location of the sidewalk with 1TD staff. 6.16 Comply with requirements of ITD for State Highway 69 (Meridian Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 6.17 When a specific development application for this site is received, staff shall evaluate the need for a residential collector roadway along the north property line. 6.18 In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 6.19 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Additionally, at the City Council meeting held December 19, 2000, the below conditions are required: 6.20 Pursuant to the terms of this Development Agreement between the Applicant and the City before the annexation ordinance will be adopted, the Applicant, or its successors and assigns, covenant that the uses for the parcel will be restricted to the following: worship center, common area/fellowship area, gymnasium, classrooms for religious instruction, prayer chapel, recreation areas, bus garage/shop, recreational vehicle center, school, daycare, and senior center. This delineation of allowed uses does DEVELOPMENT AGREEMENT (AZ-00-018) - 7 not supercede any city ordinances or state statutes pertaining to application procedures, public hearings, etc. which may be required before any :such facilities could be built, including but not limited to t:he City of Meridian's conditional use permit process. The Applicant must agree that any uses the Applicant intend:; to put on this parcel can only be done through a planned unit development or a conditional use permit. Only a poY~tion of the property is serviceable by sewer from the Meridian Trunk Line. The westerly portion can not be developed until the Black Cat Trunk Sewer is extended to serve the property. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner"/"Developer" or "Owner"/"Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recc-difications thereof. 8. CONSENT TO DE-ANNEXATION AI~fD REVERSAL OF ZONING DESIGNATION: "Owner"/"Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner"/"Developer" and if the "Owner"/"Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner"/"Developer" sh;~ll, immediately upon completion of any portion or the entirety of said devel~~pment of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance DEVELOPMENT AGREEMENT (AZ-00-018) - 8 with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Developmf~nt. 10. DEFAULT: 10.1 In the event "Owner"/"Developer", "Owner"/"Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner"/"Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner"/"Developer"'s cost, and submit proof of such recording to "Owner"/"Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner"/"Developer", or by any successor or successors in title or by the assigns of the parties hereto. DEVELOPMENT AGREEMENT (AZ-00-018) - 9 Enforcement may be sought by an appropriate action pit law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner"/"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 commc°nce to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of arly covenant to be performed hereunder by either "Owner"/"Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner"%"Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner"/"Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner"/"Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be DEVELOPMENT AGREEMENT (AZ-00-018) - 10 issued in any phase in which the improvements have riot been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner"/"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. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, address>ed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Valley Shepherd Church of the Nazarene 831 East First Street Meridian, Idaho 83642 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a sef>arate contract between DEVELOPMENT AGREEMENT (AZ-00-018) - 11 the parties and shall survive any default, termination or forfeiture of this Agreement. 19. ,TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way 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 "Owner"/"Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner"/"Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid. by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner"/"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 "Owner"/"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 DEVELOPMENT AGREEMENT (AZ-00-018) - 12 successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerlc. DEVELOPMENT AGREEMENT (AZ-00-018) - 13 ACIQVOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. VALLEY SHEPHERD CHURCH OF THE NAZARENE Attest: BY RESOLUTION NO. Attest: CITY CLERK v CITY OF MERIDIAN ~~ BY: Y ROBERT D. CORRIE ~,~a .Pf~r~~4 ~~~~~'~ tip` ~-~~ s.'s~ 7` ~roo ~,c~ ~, ,~_ ~,,,y~ ,.w DEVELOPMEr~T AGREEMENT (AZ-00-018) - 14 STATE OF IDAHO) COUNTY OF ADA) :ss On this l~~hday of ~Ctt~.1,CCLYU in the year ZC~1 , before me, ~helhv ~, j,(G~~vri?~a Notary Public, personally appeared b~.yt ~1 L . L ~x ,known or identified to me to be the person who executed the instrument and acknowledge to me having executed the same. 4 O mom; ,~, o ;. ~S~-) ~~'~ ~' ~~~ Notary P 1' or aho s o ~, Commission expires: ~ -Zb -fib o'0?'9 ~,C'',~®o e®mm Dame STATE OF IDAHO ) :ss County of Ada On this ~ day of ~~'y1,l.Gt~, ~' , 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 Clerlc, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of beaa~l~f•~ said City, and acknowledged to me that such City executed the ~s'~~~~r?G+' ~® O m ~ ~yd °~e ~ v ,~~ ~ ~ ; ^ (SEAT,) w `, "® r'~Lx~= o ~ Notary Public o ~ aho L.'~?~'--'' ~;: Commission xpires: es 01'ID . ••r•r~~ Z:\Work\M\Meridian\Meridian 15360M\IVazareneChurchAZ018\DevelopAgr.wpd DEVELOPMENT AGREEMENT (AZ-00-018) - 15 EXHIBIT A Legal Description Of Property A tract of land located in the Northeast one-quarter of the Southeast one-quarter of Section 24, Township 3 North, Range 1 West, Boise-Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of the Southeast one- quarter of said Section 24, thence along the easterly line of said Southeast one-quarter South 00°-37'-31" West a distance of 188.40 feet to a steel pin located at the Southeast corner of that property conveyed to William O. Aaron and Jean L. Aaron, husband and wife, in that warranty deed recorded July 19, 1985 as Instrument No. 8537566, Records of Ada County, Idaho, said point being the POINT OF BEGINNING. Thence along the southerly line of said Aaron tract, North 87°-08' West a distance of 94.40 feet to a steel pin; Thence continuing along the southerly line of said Aaron tract, North 89°-58'-30" West a distance of 1231.55 feet, more or less, to the Southeast corner thereof, said point being on the westerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along said westerly line South 00°-29'-O1" West a distance of 1142.52 feet, more or less, to the Southwest corner of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the southerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, South 89°-55'-18" East a distance of 1323.03 feet, more or less, to the Southeast corner of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the easterly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, North 00°-37'-31" East a distance of 1142.10 feet, more or less, to the POINT OF BEGINNING. The above described tract of land contains 34.84 acres, more or less, subject to all rights-of-way and easements. DEVELOPMENT AGREEMENT (AZ-00-018) - 16 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of AFFroval DEVELOPMENT AGREEMENT (AZ-00-018) - 17 BEFORE THE MERIDIAN CITY COUNCIL C/C 12-19-00 IN THE MATTER OF THE APPLICATION OF VALLEY SHEPHERD NAZARENE CHURCH, THE APPLICATION FOR ANNEXATION AND ZONING OF 34.84 ACRES FOR A CHURCH AND VACANT LAND, LOCATED ON THE WEST SIDE OF MERIDIAN ROAD BETWEEN OVERLAND ROAD AND VICTORY ROAD, MERIDIAN, IDAHO Case No. AZ-00-018 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 December 19, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works Department, appeared and testified, and appearing on behalf of the Applicant was Scott Field, and appearing and testifying were Jim Jewett and Dean Oberst, and no one appeared in opposition, and the City Council having duly considered the evidence and the record FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) in this matter therefore makes the following Findings of Fact and Conclusions of La~v, and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning vas published for two (2) consecutive weeks prior to said public hearing scheduled for December 19, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the December 19, 2000, public hearing; and the applicant, affected property owners, and government subdivisions pri~viding services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 34.84 acres in size and is located on the west side of Meridian Road between Overland Road and Victory Road. 6. The owner of record of the subject property is the Valley Shepherd Church of the Nazarene, Inc., of Meridian, Idaho. 7. Applicant is owner of record. 8. The property is presently zoned by Ada County as RT, and consists of vacant land. 9. The Applicant requests the property be zoned as R-8. 10. The subject property is bordered to the north by a vacant parcel in Ada County and by Elk Run &. Bear Creek Subdivisions zoned R-4, to the South by a vacant parcel in Ada County, by the approved Bear Creek Subdivision zoned R-4 to the west and RT zoning in Ada County to the east. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: as a church and multi-purpose facility. 14. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as residential. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 16.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) written confirmation of said approval submitted to the Public Works Department. 16.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 16.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 16.4 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 16.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 16.6 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 16.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of .Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 16.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.I~. 16.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 16.10 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 16.11 Buffering of adjacent properties shall be reviewed during the conditional FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) use permit process. 16.12 Approximately half of the 35-acre parcel proposed for annexation is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting I<una-Meridian Road, is designated to sewer into the 12- inch sewer that shall be extended from Ellc Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-inch gravity sewer line in Overland Road which shall be at or over capacity at build-out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunk along the east-bound off ramp of I-84. As per P/Z and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it. Adopt the Recommendations of the Ada County Highway District as follows: 16.13 The applicant shall have a maximum of two driveways on Meridian Road. The driveways shall offset or align a minimum of 600 feet from arty existing or proposed driveways or roadways on Meridian Road. 16.14 The applicant shall be required to pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement of Meridian Road (SH-69) and install pavement tapers with 15-foot radii abutting the existing roadway edge. 16.15 T11e applicant shall be required to construct a 5-foot-wide concrete sidewalk on Meridian Road (SH-69) abutting the developed portion of the site. Coordinate the location of the sidewalk with 1TD staff. 16.16 Comply with requirements of ITD for State Highway 69 (Meridian Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) 16.17 When a specific development application for this site is received, staff shall evaluate the need for a residential collector roadway along the north property line. 16.18 In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 16.19 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Additionally, at the City Council meeting held December 19, 2000, the below conditions are required: 16.20 Pursuant to the terms of the Development Agreement which must be entered into between the Applicant and the City before the annexation ordinance will be adopted, the Applicant, or its successors and assigns, must covenant that the uses for the parcel will be restricted to the following: worship center, common area fellowship area, gymnasium, classrooms for religious instruction, prayer chapel, recreation areas, bus garage/shop, recreational vehicle center, school, daycare, and senior center. This delineation of allowed uses does not supersede any city ordinances or state statutes pertaining to application procedures, public hearings, etc. which may be required before any such facilities could be built, including but not limited to the City of Meridian's conditional use permit process. The Applicant must agree that any uses the Applicant intends to put on this parcel can only be done through a planned unit development or a conditional use permit. Only a portion of the property is serviceable by sewer from the Meridian Trunk Line. The westerly portion can not be developed until the Black Cat Trunk Sewer is extended to serve the property. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 16, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and 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. 19. It;is found that the zoning of the subject real property as Medium Density Residential District (R-8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as residential. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive Plan and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NA.,ZARENE CHURCH / (AZ-00-018) requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban. Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. This does not imply that the project can be served by temporary means through the Bear Creek Subdivision. ,Sanitary sewer services shall comply with the approved City of Meridian Sanitary Sewer Facility Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) 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 Meridian City Code § 11-16 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 Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan, City of Meridian, adopted December 21, 1993, Ord. No. 629, January 4, 1994.' 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. S. The zoning of Medium Density Residential District (R-8) is defined in FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (A.Z-00-018) the Zoning Ordinance at § 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a church and multi-purpose facility. 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 12- 2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 3.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. 3.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 3.4 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 3.5 A: drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of .the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. 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. The applicant's request for annexation and zoning of approximately 34.84 acres to .Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 34.84 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) be contained and disposed of on-site. 3.6 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 3.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 3.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 3.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.10 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 3.11 Buffering of adjacent properties shall be reviewed during the conditional use permit process. 3.12 Approximately half of the 35-acre parcel proposed for annexation is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Duna-Meridian Road, is designated to sewer into the 12- inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-inch gravity sewer line in Overland Road which shall be at or over capacity at build-out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunk along the east-bound off ramp of I-84. As per P/Z and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it. Adopt the Recommendations of the Ada County Highway District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND. DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018 ) 3.13 The applicant shall have a maximum of t~vo driveways on Meridian Road. The driveways shall offset or align a minimum of 600 feet from ar-y existing or proposed driveways or roadways on Meridian Road. 3.14 The applicant shall be required to pave the driveways their full width anal at least 30 feet into the site beyond the edge of pavement of Meridian Road (SH-69) and install pavement tapers with 15-foot radii abutting the existing roadway edge. 3.15 The applicant shall be required to construct a 5-foot-wide concrete sidewalk on Meridian Road (SH-69) abutting the developed portion of the site. Coordinate the location of the sidewalk with 1TD staff. 3.16 Comply with requirements of ITD for State Highway 69 (Meridian Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 3.17 When a specific development application for this site is received, staff shall evaluate the need for a residential collector roadway along the north property line. 3.I8 In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 3.19 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Additionally, at the City Council meeting held December 19, 2000, the below conditions are required: 3.20 Pursuant to the terms of the Development Agreement which must be entered into between the Applicant and the City before the annexation ordinance will be adopted, the Applicant, or its successors and assigns, must covenant that the uses for the parcel will be restricted to the following: worship center, common area/fellowship area, gymnasium, classrooms for religious instruction, prayer chapel, recreation areas, bus FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) garage/shop, recreational vehicle center,. school, daycare, and senior center. This delineation of allowed uses does not supercede any city ordinances or state statutes pertaining to application procedures, public hearings, etc. which may be required before any such facilities could be built, including but not limited to the City of Meridian's conditional use permit process. The Applicant must agree that any uses the Applicant intends to put on this parcel can only be done through a planned unit development or a conditional use permit. Only a portion of the property is serviceable by sewer from the Meridian Trunk Line. The westerly portion can not be developed until the Black Cat Trunk Sewer is extended to serve the property. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2 D. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the .engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018 ) the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ZN~ day of C(i-~wt-~- , ROLL CALL 2~~~ COUNCILMAN RON ANDERSON VOTED_~~~`c' COUNCILMAN KEITH BIRD VOTED__~~`` COUNCILWOMAN TAMMY deWEERD VOTED_~~~ COUNCILWOMAN CHERIE McCANDLESS VOTED_~~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~~' Z ! D / MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. B e ~ Dated: /' ~ ~~~ ity Clerk msg/Z:\Work\M\Meridian\Meridian 15360M\NazareneChurchAZ018\AZFt~lsorder.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) 8~.~, '9 1"~' r ~ ~Y ~~ `:~ 'G v- ~''~~a+~ta. ~caP ~ 8 '^t BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF VALLEY SHEPHERD NAZARENE CHURCH, THE APPLICATION FOR ANNEXATION AND ZONING OF 34.84 ACRES FOR A CHURCH AND VACANT LAND, LOCATED ON THE WEST SIDE OF MERIDIAN ROAD BETWEEN OVERLAND ROAD AND VICTORY ROAD, MERIDIAN, IDAHO FILE COPY C/C 12-19-00 Case No. AZ-00-018 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 inn December 19, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works Department, appeared and testified, and appearing on behalf of the Applicant was Scott Field, and appearing and testifying were Jim Jewett and Dean Oberst, and no one appeared in opposition, and the City Council having duly considered the evidence and the record FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018 ) r1 ~''~ in this matter therefore makes the following Findings of Fact and Conclusions of Law, and Decision and Order: FINDINGS OF FACT The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for December 19, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the December 19, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5 and 11-16-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof, and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 34.84 acres in size and is located on the west side of Meridian Road between Overland Road and Victory Road. 6. The owner of record of the subject property is the Valley Shepherd Church of the Nazarene, Inc., of Meridian, Idaho. 7. Applicant is owner of record. 8. The property is presently zoned by Ada County as RT, and consists of vacant land. 9. The Applicant requests the property be zoned as R-8. 10. The subject property is bordered to the north by a vacant parcel in Ada County and by Elk Run & Bear Creek Subdivisions zoned R-4, to the South by a vacant parcel in Ada County, by the approved Bear Creelc Subdivision zoned R-4 to the west and RT zoning in Ada County to the east. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) i"~ 11. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following manner: as a church and multi-purpose facility. 14. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as residential. 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 16.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation drainage district, or lateral users association, with FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) ,''~ '`'~~ written confirmation of said approval submitted to the Public Works Department. 16.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 16.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 16.4 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 16.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 16.6 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 16.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 16.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.I~. 16.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 16.10 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 16.11 Buffering of adjacent properties shall be reviewed during the conditional FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) /'~ ~"~' use permit process. 16.12 Approximately half of the 35-acre parcel proposed for annexation is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Duna-Meridian Road, is designated to sewer into the 12- inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-inch gravity sewer line in Overland Road which shall be at or over capacity at build-out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunk along the east-bound off ramp of I-84. As per P/Z and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it. Adopt the Recommendations of the Ada County Highway District as follows: 16.13 The applicant shall have a maximum of two driveways on Meridian Road. The driveways shall offset or align a minimum of 600 feet from arty existing or proposed driveways or roadways on Meridian Road. 16.14 The applicant shall be required to pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement of Meridian Road (SH-69) and install pavement tapers with 15-foot radii abutting the existing roadway edge. 16.15 The applicant shall be required to construct a 5-foot-wide concrete sidewalk on Meridian Road (SH-69) abutting the developed portion of the site. Coordinate the location of the sidewalk with 1TD staff. 16.16 Comply with requirements of ITD for State Highway 69 (Meridian Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) ~'`, 16.17 When a specific development application for this site is received, staff shall evaluate the need for a residential collector roadway along the north property line. 16.18 In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 16.19 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Additionally, at the City Council meeting held December 19, 2000, the below conditions are required: 16.20 Pursuant to the terms of the Development Agreement which must be entered into between the Applicant and the City before the annexation ordinance will be adopted, the Applicant, or its successors and assigns, must covenant that the uses for the parcel will be restricted to the following: worship center, common area fellowship area, gymnasium, classrooms for religious instruction, prayer chapel, recreation areas, bus garage/shop, recreational vehicle center, school, daycare, and senior center. This delineation of allowed uses does not supercede any city ordinances or state statutes pertaining to application procedures, public hearings, etc. which may be required before any such facilities could be built, including but not limited to the City of Meridian's conditional use permit process. The Applicant must agree that any uses the Applicant intends to put on this parcel can only be done through a planned unit development or a conditional use permit. Only a portion of the property is serviceable by sewer from the Meridian Trunk Line. The westerly portion can not be developed until the Black Cat Trunlc Sewer is extended to serve the property. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 16, and all sub-parts, the economic welfare of the City and its residents and tax and rate payers FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISI©N AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) will be protected, which requirement shall be included in a development agreement, a condition of annexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and 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. 19. It;is found that the zoning of the subject real property as Medium Density Residential District (R-8) requires connection to the Municipal Water and Sewer systems .and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as residential. 20. The subject annexation request and zoning designation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive Plan and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) requirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- quality development. Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self identity. 20.4 The preservation and improvement of the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 Compatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. This does not imply that the project can be served by temporary means through the Bear Creek Subdivision. Sanitary sewer services shall comply with the approved City of Meridian Sanitary Sewer Facility Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) i'^~ 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 Meridian City Code § 11-16 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 Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of `Comprehensive Plan, City of Meridian, adopted December 21, 1993, Ord. No. 629, January 4, 1994.' 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies, which deal with area-specific policies and programs. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as aself-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City. 4.7 To provide community services to fit existing and projected needs. 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The zoning of Medium Density Residential District (R-8) is defined in FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) the Zoning Ordinance at § 11-7-2 D as follows: (R-8) Medium Density Residential District: The purpose of the R-8 District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. By authority of the City of Meridian under the Comprehensive Plan, a conditional use permit is required for Applicant to construct and develop a church and multi-purpose facility. 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 12- 2-4 which pertains to development time schedules and requirements; Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of .the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A commitment is binding on the owner of the property even if it is unrecorded; however, an unrecorded commitment is binding on subsequent owners and each other person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. 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. The applicant's request for annexation and zoning of approximately 34.84 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 34.84 acres. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD N~,ZARENE CHURCH / (AZ-00-018) ~"1, 158. The legal description for annexation must place this parcel contiguous to the Corporate City Limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de-annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 3.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 3.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 3.4 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 3.5 A. drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018 ) ~. ~ be contained and disposed of on-site. 3.6 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 3.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 3.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 3.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 3.10 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 3.11 Buffering of adjacent properties shall be reviewed during the conditional use permit process. 3.12 Approximately half of the 35-acre parcel proposed for annexation is designated to sewer into the Black Cat Trunk which shall be constructed iri the future through Bear Creek Subdivision to the west. The other half, fronting Duna-Meridian Road, is designated to sewer into the 12- inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-inch gravity sewer line in Overland Road which shall be at or over capacity at build-out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunk along the east-bound off ramp of I-84. As per P/Z and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it. Adopt the Recommendations of the Ada County Highway District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) n ~ 3.13 The applicant shall have a maximum of two driveways on Meridian Road. The driveways shall offset or align a minimum of 600 feet from ar~y existing or proposed driveways or roadways on Meridian Road. 3.14 The applicant shall be required to pave the driveways their full width ar.d at least 30 feet into the site beyond the edge of pavement of Meridian Road (SH-69) and install pavement tapers with 15-foot radii abutting the existing roadway edge. 3.15 The applicant shall be required to construct a 5-foot-wide concrete sidewalk on Meridian Road (SH-69) abutting the developed portion of the site. Coordinate the location of the sidewalk with 1TD staff. 3.16 Comply with requirements of ITD for State Highway 69 (Meridian Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 3.17 When a specific development application for this site is received, staff shall evaluate the need for a residential collector roadway along the north property line. 3.18 In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 3.19 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Additionally, at the City Council meeting held December 19, 2000, the below conditions are required: 3.20 Pursuant to the terms of the Development Agreement which must be entered into between the Applicant and the City before the annexation ordinance will be adopted, the Applicant, or its successors and assigns, must covenant that the uses for the parcel will be restricted to the following: worship center, common area fellowship area, gymnasium, classrooms for religious instruction, prayer chapel, recreation areas, bus FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) /'~, ~ garage/shop, recreational vehicle center, school, daycare, and senior center. This delineation of allowed uses does not supercede any city ordinances or state statutes pertaining to application procedures, public hearings, etc. which may be required before any such facilities could be built, including but not limited to the City of Meridian's conditional use permit process. The Applicant must agree that any uses the Applicant intends to put on this parcel can only be done through a planned unit development or a conditional use permit. Only a portion of the property is serviceable by sewer from the Meridian Trunk Line. The westerly portion can not be developed until the Black Cat Trunk Sewer is extended to serve the property. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and Meridian City Code § 11-7-2 D. 5. Subsequent to the passage of the Ordinance provided for in section 4 of this Order the engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ZN~ day of Cl/1'~-lit-G~- G~ o ~ l ROLL CALL ' COUNCILMAN RON ANDERSON VOTED_~~~`~' COUNCILMAN KEITH BIRD VOTED--~~`~ COUNCILWOMAN TAMMY deWEERD VOTED_ `y~~ COUNCILWOMAN CHERIE McCANDLESS VOTED_ I~~~ MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~~ ~ - D MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. .. B Dated: / ' ~ ~0 ity Clerk msg/Z:\Work\M\Meridian\Meridian 15360M\NazareneChurchAZ018\AZFfCIsOrder.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-00-018) ~~:a ~ ~j «~ , .` '~' ~"~ ~ ~ C~'~lP`~18 ~,d~rl~~tii#lCAib~ The Idaho ,-,. States m a ~ ~ r~4T~ Qf~erl~i P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING PROOF OF PUBLICATION ^~>,^ Account # DTI# Identification ~'~'~ ~ ~ 064514 337485 PUBLIC HEARING $53.40 Ordered by: P.O.# Rate Run Dates NT SEPT. 29, OCT. 6, 2000 CITY OF MERIDIAN Number of Lines 33 E. IDAHO AVE. 35 MERIDIAN, IDAHO 83642 Affidavit Legal # 1 8505 ~~ =_ LEGAL NOTICE "' PUBLIC NEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the Stafe of Idaho that the Piamirlg 8. Zoning Commission of the City of Meridian wilt hold a public hearing at 'fhe Meridian City Hall, 33 East Idaho St., `~IAeridiOCionb~erd1~2000 for fher purpospe of 'reviewing and considerirq the applica- tions of: Sam Fishel_ fora modification of the ifan Road an Franklin Road; I fep for Annexation and Zon- ! acres from RT and R-0 for dar Stxirgs Subdivision; fur- e applicant requests Prelims- i xoval of 333 building lots and an 99.83 acres in a proposed ~. proposed Cedar Springs Sub- ~' erallY located rwrthwest of id and Ustidc Road; ROatl. •~ ,.~; , r ,i,_; Pub. Sept. 29.OCt. 6.2000 ~~,. ,,,, ~~IfU1111I1jrI ~. ~ ;~ ~pT AR y `~ • ' ~• • ~r • ~G L, J, •.~ ~.• ~, ,• •. .T •••...•• F• .~ ,,,,,BITE 10~; 9,,,,. JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: TW® ~X consecutive weekly ~ single consecutive daily odd skip insertion(s) beginning with the issue of: SEPTEMBER 2 9 , 2000 and ending with the issue of: OCTOBER 6 2000 STATE OF IDAHO `~ ) )SS COi.iNTY OF ADA On this 6 day of OCTOBER in the year of 2000 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same ~ y, ~ ~ Notary Public for Idaho Residing at: Boise, Idaho My Commission expires: ~p~~/ ~, L ,.~ December 29 2000 AZ 00-018 ' ,Z- ~~ i MERIDIAN CITY COUNCIL MEETING January.4~ X980 APPLICANT Valley Sheperd Church of the Nazerene ITEM NO. E REQUEST Findings -Annexation and Zoning of 34.84 acres to R-8 for Valley Shepherd Church of the Nazarene west of S. Meridian Road south of W. Overland Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See attached Findings ~~ -C ~~~~ ~~~ Date: ~ Z- ~ ~; i Phone: ~ {i `~~ ._ ~ I ~~ I Materials presented at public meetings shall become property of the City of Meridian. '"~ Marlene St. ~h, From: Marlene St.George "` 1~ Sent: Thursday, December 28, 2000 10:57 AM -~~~~ ~ ~~ ~ooo To: ugarrizs@ci.meridian.id.us Subject: AZ-00-018 -Valley Shepherd Church of the Nazarene Findings ~ ~F MER~~~AN ~~ sJ..~~.~fCE ~ F Shelby: Please find attached the revised AZ Findings for the Valley Shepherd Nazarene Church. Shari brought up some changes and insertions she wanted in them. So please disregard the previous ones delivered to your office and use these. If you have any questions just give me a call. AZFfCIsOrder.doc '~r/.~e - ~ ~ ~t~~~ tae, ~ .~-d ~ i-a ~~ ~~ ..''~ December 14, 2000 MERIDIAN CITY COUNCIL MEETING December 19, 2000 AZ 00-0 l $ APPLICANT Valley Shepherd Church of the Nazarene ITEM NO. REQUEST Request for annexation and zoning of 34."' ~~~~° ~^ °-R f^r n church and vacant land -Meridian Road south of Overianc G~`' AGENCY COrV _..._ CITY CLERK: See CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: ,"'~4 °" See ~~~' ~r wti~'°~~ l~k Phone: ~ °` ~~' ~ Materials presented of pubitc meetings shall become property of the CHy of Meridian. ,-'ti. WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. JULIE I{LERd Flscimt CERI$TOPHII2 S. NYE WM. F. GiGRAY, III PHll.le A. PECFRSON BRIN'I' J. Jol-uasoN 8xlc S. RossMAx D. SAMUEL Joiu~rsoN TODD A. RossMAN WII.LIAM A. Moxxow DAVID M.SWARTLEY Wrt.LIAMF. Nicxoi,s* TERRENCER W[¢TE** *Also admitted in OR ** Also admitted in WA ATTORNEYS AT LAW 200 EAST CARLTON AvE, SUITE 31 POST OFFICE BOX1150 MB.RIDLgN, IDAHO 83680-1150 TFa, (208) 288-2499 FAx (208) 288*2501 E-MAU.: @wrPMG.cOM NAMPA OFFICE 104 9Tx AvE. SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL. 208)466-9272 FAX ( 08)466-4405 PLEASE REPLY TO MERIDIAN OFr'ICE REcE~D To: Staff Applicant Affected Property Owner(s) Re: Application Case No. December 7, 2000 AZ-00-018 DEC - ~ 2000 CITY OF 1VlFRIDIAN FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findin s and Recommendations of the Planning and Zoning Commission shall be presented to the pity Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Plaiul~xlg and Zoning Commission; and 2. That you carefullx complete (be sure it is le 'ble) the Position Statement if you disa ee with the Findings and~ecommendations of the Planning and Zoning Commission. The Position Statement form for this applicataon is available at the City Clerk's office. It is recommended that you pprepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, pplease present your Position Statement to the City Council at the hearing, along with eight (8) copies. The coppies will be resented to the Mayor, Council, Planning and Zoning Administrator, Public WorZcs and the ~ity Attorney. If you are a part of a g~rroup, it is stron 1y recommended that one Position Statement be filled out for the group, wFiich can be signe~ by the representative for the group. Very ~~: , ~ .'~ ~o/ City ly/ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 34.84 ACRES FOR A CHURCH AND VACANT LAND Case No. AZ-00-018 RECOMMENDATION TO CITY COUNCIL BY VALLEY SHEPHERD ) NAZARENE CHURCH ) INTRODUCTION 1. The property is approximately 34.84 acres in size and is located on the west side of Meridian Road between Overland Road and Victory Road. 2. The owner of record of the subject property is the Valley Shepherd Church of the Nazarene, Inc., of Meridian, Idaho. 3. Applicant is owner of record. 4. The property is presently zoned by Ada County as RT, and consists of vacant land. 5. The Applicant requests the property be zoned as R-8. 6. The subject property is bordered to the north by a vacant parcel in Ada County and by Elk Run & Bear Creek Subdivisions zoned R-4, to the South by a vacant parcel in Ada County, by the approved Bear Creelc Subdivision zoned R-4 to the east and RT zoning in Ada county to the west. RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING -VALLEY SHEPHERD NAZARENE CHURCH 34.84 ACRES FROM RT TO R-8 FOR A CHURCH AND VACANT LAND "`~ 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 8. 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. 9. The Applicant proposes to develop the subject property in the following manner: as a church and multi-purpose facility . 10. The Applicant requests zoning of the subject real property as R-8 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as residential. 12. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING -VALLEY SHEPHERD NAZARENE CHURCH 34.84 ACRES FROM RT TO R-8 FOR A CHURCH AND VACANT LAND .~.:~ ~.~ 1.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. 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. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 1.4 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.6 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 1.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 1.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.I~. 1.9 All construction shall conform to the requirements of the Americans with Disabilities Act. RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING -VALLEY SHEPHERD NAZARENE CHURCH 34.84 ACRES FROM RT TO R-8 FOR A CHURCH AND VACANT LAND ~~ ""~ 1.10 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 1.11 Buffering of adjacent properties will be reviewed during the conditional use permit process. 1.12 Approximately half of the 35-acre parcel proposed for annexation is designated to sewer into the Black Cat Trunk which will be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Duna-Meridian Road, is designated to sewer into the 12- inch sewer that must be extended from Ellc Run Subdivision. The Bear Creek Subdivision lift station will be designed to serve only itself. The lift station will discharge into an existing eight-inch gravity sewer line in Overland Road which will be at or over capacity at build-out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving sewer will be monitored and, if capacity is exceeded, they will be required to re-route the pressure sewer to the Ten Mile Trunlc along the east-bound off ramp of I-84. As per P/Z and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creelc Subdivision. No provisions are being made for any other development to sewer into it. Adopt the Recommendations of the Ada County Highway District as follows: 1.13 The applicant should have a maximum of two driveways on Meridian Road. The driveways should offset or align a minimum of 600-feet from any existing or proposed driveways or roadways on Meridian Road. 1.14 The applicant should be required to pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of Meridian Road (SH-69) and install pavement tapers with 15-foot radii abutting the existing roadway edge. 1.15 The applicant should be required to construct a 5-foot wide concrete sidewalk on Meridian Road (SH-69) abutting the developed portion of the site. Coordinate the location of the sidewalk with 1TD staff. RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING -VALLEY SHEPHERD NAZARENE CHURCH 34.84 ACRES 'FROM RT TO R-8 FOR A CHURCH AND VACANT LAND .~-"~ ,~ 1.16 Comply with requirements of ITD for State Highway 69 (Meridian Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 1.17 When a specific development application for this site is received, staff will evaluate the need for a residential collector roadway along the south property line. 1.18 In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 1.19 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Z:\Worlc\M\Meridian\Meridian 15360M\NazareneChurchAZ018\AZ018ValleyChurch.wpd RECOMMENDATION TO CITY COUNCIL - 5 ANNEXATION AND ZONING -VALLEY SHEPHERD NAZARENE CHURCH 34.84 ACRES FROM RT TO R-8 FOR A CHURCH AND VACANT LAND November 9, 2000 MERIDIAN PLANNING 8~ ZONING MEETING November 14, 2000 APPLICANT Valley Shepherd Nazarene Church ITEM NO. 1 REQUEST Annexation and Zonin of 34.84 acres from RT to R-8 for a church and vacant land AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION:~- OTHER: See Co ents from See previous item packet ~r C ~ ~ ~~~ ant Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. .-.. Roylance & Associates A. Engir^~ • Surveyors • Landplanners Telephone (208) 939-2824 Fax (208) 939-2855 391 W. State Street, Suite E, Eagle, Idaho 83616 November 8, 2000 Project No. 2091 City of Meridian Planning & Zoning Commission 33 East Idaho Meridian, Idaho 83642 Re: Request for Annexation and Zoning of 34.84 Acres to R-8 (File AZ-00-018) Dear Commissioners: ~F,G~~~ ~`''" 2004 HQV 0 ~ eridia ~ City C1Mk ~fflc City This material is in reference to the above application and is to be incorporated into the formal record. The applicant is requesting that the subject property be annexed to the City of Meridian and rezoned as R-8. At the last hearing with the Planning and Zoning Commission, testimony was given by several of the neighbors expressing their concern that the property could be developed with single family residences which is an allowed use under the proposed R-8 zoning. Single family dwellings on larger tracts characterize the surrounding area and it was the opinion of the neighbors that R-4 zoning would be more compatible with the surrounding uses. None of the neighbors had any opposition to the specific proposed church use. The reason that the applicant has applied for R-8 zoning rather than R-4 zoning is because the R-4 zoning is extremely restrictive with uses for the most part limited to dwellings on acreage tracts. Other zoning besides the R-8 where the church is a permitted use is the L-O zone which also permits commercial office use and is even less compatible with the surrounding uses. The applicant, Valley Shepherd Church of the Nazarene has been an active community presence in Meridian for over 75 years. They would like to ultimately develop amixed-use facility on the site that will be an asset available to the community and its citizens while being harmonious with the neighboring properties. In addition to the immediate plans for a church, long term plans for the site include recreational fields, senior living, and possibly a school. All of these would be permitted either outright or with a Conditional Use Permit under the proposed R-8 zoning, but except for the school, are not allowed under R-4 zoning. A conceptual drawing of these long-term plans is included with this submittal. The only use the applicant will be applying for in the immediate future is the church. In deference to the wishes of the neighbors and the concerns raised by the Planning and Zoning Commission, the applicant is willing to enter into a development agreement as a condition of approval of this annexation and rezone request. The agreement would stipulate that a standard residential subdivision with R-8 density would not be permitted on the subject property. Specific language would be formulated within this agreement that would permit the applicant to develop the property in a manner consistent with the submitted conceptual \\SL+'RVER\D~PROJECTS\NazareneA2091\ADMIN\Applications\submittal.doc /'1 Page TWo November 8. 2000 plan. The applicant has discussed this with staff members who have consulted with the City attorney. The attorney for the City has indicated that this could be done within the framework of City and State codes. This agreement would be binding upon the applicant. While they have absolutely no intentions at this time to divest themselves of the remaining property, in the event that they did so, the only way that an R-8 density subdivision could be approved would be through a public hearing that modified the proposed development agreement. This would allow the city and the neighbors the opportunity to voice their concerns regarding growth and density which was the primary issue raised at the last hearing. The applicant feels that this proposal will well serve the interests of the City of Meridian and the impacted residents while allowing everyone to accomplish their short and long-term plans. It is fully understood that the Commission was looking out for the best interests of the City and the surrounding residents when they raised objections at the last hearing over possible R-8 development on this property. The applicant is willing to enter into the development agreement as a show of good faith on their part because it will allow them to proceed with their long-term goals while still protecting the City and surrounding residents in the event of unplanned long-term changes. With this in mind, please schedule the applicant for the next meeting of the Commission so that this proposal can be discussed and hopefully concluded. Thank you for your attention to this matter. Sincerely, ROYLANCE & ASSOCIATES P.A. c~ ~~ SCOTT FIELD SURVEY MANAGER /SF Enclosure cc: George Zickefoose, Valley Shepherd Church of the Nazarene \\SER V ER\D\PROJECTS\Nazarene\2091\ADMIN\Appl ications\sub~n ittal. doc Z w u 0 N N W N V N I O 3 O t ¢. W z 1 ri d N Z K 2 U Z N O T S K N Z ia1 ~ ~ g g pt< ~=°- a; ~ Q e r T'~ 9 e. ~... ~ Z Q < r l ~ .{v Y { - Y c . ~ f 1Vierid.i~:r ~ a ? ~ w ~ f, e .- u 3 N _ 3 ~O O /q~ Q } TW L L O O ,1~ 1..~... ~~ N K: t^' ~. ~' ~ U W 0 0 O yW O. ~,~~~ ~' ; ~~ ., (:~~ ~, ';.'-.: •, .; :; . K t `E• 1• ' C^ • t+.0, s~• ,' ;r.'~.~ ri ,y• ; s-'~ ~ r •. •\• ~:- ., •:. .` =: ~. .~ .,,; :'}~ n -~.~., ~~ F ;,: . _ •r DaV Care • f `'F :rit 1 ® Saiool ~. ~~,~~'~ .. Y ' - • `S . - •' - • apt • ~l r,; ~. '\ .• 'a ~ i ~ ~• .!( '~ ~ ; • i• F ~ .. - Baseball , ~• • Softball . ' ( , • • rt ;, t:. . .ga ~ . • ~« • ~ :, ` t ~`-1 t~ . ~ t;r•~t• • r , • , , ; ~• ~ . .~ ~~~~ C©lVCEPTUAL MASTER SITE PLAN `` cENEI) NAV 0 8 2000 City of Merialis~e Meridian Road .? ' ~ • ' 1 • ' • •' ` ..; , : ~ ;~ r • , Play .:'._~~ ~+a, '~~ B , r,. e~ ,~ g ~ '~,~} = i •~ 2 .• .~ .• ~.~~ Re(jr8m8fitHousina , rN• r Io i0 THE CONKLIN GROUP ® Richard G. Conklin AIA Architect }a61 Y•uor'a~~ ORVe Los .bm~bs. CA 90]20 THepno-< (662!.J~~~~S fM.(562}.9J~566~ VALLEY SHEPHERD CHURCH OF THE NAZARENE October 6, 2000 - See Attached MERIDIAN PLANNING 8~ ZONING MEETING October 10, 2000 APPLICANT Valley Shepherd Church of the Nazarene ITEM NO. 3 REQUEST Public Hearing -Request for AZ of 34.84 acres from Ada County Zone RT to R-8 for a church and vacant land for Valley Shepherd Church of the Nazarene -Meridian Road south of Overland Road 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: SEWER DEPARTMENT ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Sanitary Ser COMMENTS See a~.+u~I~P~C. No Comments ~ G~~~dL ~~ ''. No Comment ~G~Y1.t? D'C_. No Objections See attached `~~ ~~~ ~~ ~'~ AZ 00-018 ~ ~4~ t~~ Contacted: (~ ~ ~e~~ //~/ Date: f~=~ o ~= "` Phone: Materials presented at public meetings shall become property of the City of Meridian. .~. ,,.-~ '!UB OF TREASURE VALLEY ~~~~,,,,~ "''~7ENT A Good Place to Live ~ l ~ , Robert D. Corrie CITY OF MERIDIAN ~~ CITY COUNCIL MEMBERS U /~~ Ron Anderson 33 EAST IDAHO ~, -_ ~ - /Q Keith Bird MERIDIAN, IDAHO S ,~_¢ ~~ ,~ -~_ ~ ! Tammy deWeerd (208) 888-4433 • Fax (208) 8 = 13 i J lJ-~ City Clerk Office Fax (208) 888 421 &~~ -,- ~~, ~ ~ ~QOO Cherie McCandless TRANSMITTALS 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: October 2, 2000 Transmittal Date: 5' Hearing Date: October 10, 2000 File No.: AZ-00-018 Request: Annexation and Zoning of 34.84 acres from RT to R-8 for for proposed church and vacant land By: Dale Ownby Location of Property or Project: Meridian Road, south Of Overland Road Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department r'~.. Fire Department Police Department Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: City Attorney - City Engineer City Planner Gen - 26 PP/FPlPFP - 30 AZ - 27 erg Ave b /~-~ . RIAYOR Roben D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless ~ HUB OF TREASURE b~l LLEY ~ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4133 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 -'°TMENT 4 ~~' lD ~~'nc. ~ . TRANSMITTALS 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: October 2, 2000 Transmittal Date: 5' Hearing Date: October 10, 2000 File No.: AZ-00-018 Request: Annexation and Zoning of 34.84 acres from RT to R-8 for for proposed church and vacant land By: Dale Ownby Location of Property or Project: Meridian Road, south Of Overland Road Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P2 Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C - Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 28 PP/FP/PFP - 30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: ~~~~~-~ ~ r?D -z~ ~~ REaE~D RECEI V~D S E P 2 1 2000 CITY OF MERIDIAN S E P 1 9 2000 Meridian City Water Superintendent ~''~ /", `'1B OFTRF,ASURE YAI,I,EY `' M.gYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie CITY iQF MERIDI~~,N (208) 288-21199 • Fax 288-2501 CITY COUNCILMEit~1BERS PL?f4LIC WORKS Ron Anderson 33 EAST IDAHO BLhLDINGDEPARTMENI' Ke3rh sird MERIDIAN, IDAHQ 83(x`12 (208) 887-~11 Fax 887-'1297 Taxiatry deWeerd (2.08) 888-4433 ~ FAX (208) 887--6813 PL..9I~~NING AND ZONING Cheue McCandless City Qesk Office Fax (208) 88814218 DEPART~NT (208) 884-5533 ~ FAX 888-6854 MEMORANDUM: October 6, 2000 To: Planning & Zoning Commission/Mayor & Ci Council ~ ~ "~T ~ 6 2000 From: Bruce Freckleton, Assistant to City Engineer c~ ~-: f ~~ Y OF IV1 ER ID IA IV Steve Siddoway, Planner ~' ``~ I TY (; (_ F ~ ~,~• ~ ~ ~ ! ~ Re: Request for Annexation and Zoning of 34.84 Acres to R-8 by Valley Shepherd Church of the Nazarene. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY This annexation & zoning application (File AZ-00-018) proposes to annex a 34.84-acre parcel on the west side of Meridian Road, about halfway between Overland Road and Victory Road. SURROUNDING PROPERTIES North - A vacant parcel in Ada County, zoned RT; and Elk Run & Bear Creek Subdivisions, zoned R-4 South - A vacant parcel in Ada County, zoned RT East -Approved Bear Creek Subdivision, zoned R-4 West -Meridian Road and Edmonds & Volkman Subdivisions in Ada County, zoned RT GENERAL COMMENTS 1. The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The requested R-8 zone is permitted and compatible with the comprehensive plan designation of single-family residential. A church requires a Conditional Use Permit (CUP) in the proposed R-8 zone. 3. The easterly portion of the subject site can be adequately served by an extension of the existing sanitary sewer and water located in the Elk Run Subdivision. Development of the westerly portion of the parcel would require extension of the future Black Cat Trunk Sewer. ~ 6-018 Valley Shepherd Church.AZ.doc Mayor, Council and P&Z October 6, 2000 Page 2 ANNEXATION & ZONING -GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. 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. 2. Any existing domestic wells andlor septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 4. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all ofl=street parking areas. All site drainage shall be contained and disposed of on-site. 6. Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11- 13 for use of property. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. SITE SPECIFIC REQUIREMENTS Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 2. Buffering of adjacent properties will be reviewed during the conditional use permit process. 3. Approximately half of the 35-acre parcel proposed for annexation is designated to sewer into the Black Cat Trunk which will be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12- inch sewer that must be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station will be designed to serve only itself. The lift station will discharge into an existing ~~~$ Valley Shepherd Chwch.AZ.doc Mayor, Council and P&Z October 6, 2000 Page 3 eight-inch gravity sewer line in Overland Road which will be at or over capacity at build-out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving sewer will be monitored and, if capacity is exceeded, they will be required to re-route the pressure sewer to the Ten Mile Trunk along the east-bound off ramp of I-84. As per P/Z and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it. Policy-wise, this would be yet another case of crossing sewer service areas for the northwestern half of this proposed area; therefore, that area shall remain undevelopable until such time as service is available to the future Black Cat Trunk Sewer. RECOMMENDATION Staff recommends approval of the annexation with the above-stated conditions. The development agreement should specifically cite requirements for the "to and through" extension of the Meridian Trunk Sewer by the applicant in order to serve the church facility. The annexation of the parcel cannot obligate the City in any way to provide sewer service to the westerly portion of the parcel, and the westerly portion of the parcel will remain undevelopable until such time as the Black Cat Trunk Sewer has been extended to the site by others. ~ ~~$ Valley ShepherdChurch.AZ.doc R,~cE~D 0 C T - ~ 2000 ADA COUNTY HIGHWAY DISTRICT CITY OF MERIDIAN Planning and Development Division Development Application Report MAZ00-018 2452 Meridian Road Rezone RT to R-8 This application has been refen-ed to ACRD by the City of Meridian for review and comment. The applicant is requesting a rezone from RT (rural transition) to R-8. The applicant intends to construct a church with a 2,000 seat sanctuary, offices and classrooms. The 34.84-acre site is located on the west side of Meridian Road, approximately'/z-mile south of Overland Road. This development could generate up to 110 vehicle trips per week day, and 750 vehicle trips per weekend day based on the Institute of Transportation Engineers Trip Generation manual. The existing zoning could generate up to 70 vehicle trips per day. Roads impacted by this development: Meridian Road (SH-69) ACHD Commission Date -October 11, 2000 - 7:00 p.m. MAZ00-Ol ~.CMM Pace 1 /'~ s ~ ROYLANCE ANL1 A8~OC~ATE8 PA Engtneera Surveyors Landplannera 391 W State Street Suke E Eagle Idaho 83618 (208) 939-2824 VALLEY SHEPHERD CHURCH OF THE NAZARENE VICINrTY MAP 1'-300' oa/2s/oo X \PRWECTS\NAZARENE\2091\DRAWINGS\EXH181T'\VICINITY.DWG ~ ?~'1 '~ r~~ L ~~ ROYLA :E AND ASSOCIATE.,. 'A '~ i ~ = Engineers Surveyors Landplanners r ~ ~ 4619 Emerald Suite D-2 Bolse Idaho 83706 (208) 336-7390 VALLEY SHEPHERD CHURCH OF THE NAZARENE ~~ ~C SCALE IN FFET ~~ 0 I~ i~ v i i i I i Ji I i i i i SITE aPLA~ RDI~ ~9~'7 1~7-7-cv~ 1'-150' 2/3/97 EXNIBT.DWG //~/~p~// / V~~~~T K w Q RT RT R-a R1 ~$$~P.t S ; ~ ~.~~ /// ~ .~ ~. ~ +, ~~ _. --~ 600 0 800 7 1800 Feei R1 BRIGGS ENGINEERING, INC. BEAR CREEK ESTATES SUBDIVISION REV,s~°" BRIGGS PORT. E 1/2 SECTION 24, T.3N., R.1W., B.M. J~y ?~'~~ Qoe~ ~~~ ADA COUNTY, IDAHO s"~ , of ~ 1600 W. OVERLAND ROAD pq~0" DRAFT gCaLE DnTE DWG. N0. BOMBE. lDaHO 89705 BKB ~° •600' pyj,6/gg p00211 ~8602~1APR T(1T~I A G1~ .- 4 Facts and Findings: A. Generallnfonnation Owner -Valley Shepherd Church of the Nazarene Applicant - Roylance & Associates RT -Existing zoning R-8 -Requested zoning 34.84 -Acres 289 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Service Area Meridian- Impact Fee Assessment District Meridian Road (SH-69) Principal arterial Traffic count of 16,798 on 8-24-99 Better than C-Existing Level of Service Better than C-Existing plus project build-out Level of Service 1,150-feet of frontage Comply with ITD right-of--way requirements Meridian Road is improved with 4-through lanes and a center turn lane, with no curb, gutter or sidewalk abutting the site. B. On September 25, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On September 29, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. On July 7, 1999, the ACHD Commission reviewed and approved Bear Creek Subdivision, a 326- lot residential subdivision to the east of this site. That applicant was required to constrict a stub street to their east property line to the parcel to the north of the current application. Another stub street was required at the east property line to the parcel to the west of this site. The subdivision has three main accesses to Stoddard Road and that subdivision traffic can be accommodated without a residential collector to Meridian Road through this parcel. D. On Febnlary 24, 1997, District staff reviewed 97-7-CU, a conditional use application for a 29,105-square foot church on this site. As a condition of approval the applicant was required to dedicate 25-feet of right-of--way (not compensated) along the south property lice for a firture collector road. Upon development along the south property line, the applicant was required to deposit ~ ].3,500 to the Public Ri ~hts-of--Way Trust Fund for the cost of improving one half of the future residential collector. 1~9AZ00-018.CM1~9 Pa~~e ~ ~v ~~ r The cui7-ent application is for annexation to the City of Meridian and a rezone to allow a church. If the property is developed as a church, staff recommends that right-of way dedication not be required, and that the condition for a road trust be eliminated, because a church could develop on this site without a public roadway. If this site is developed as residential, then staff would re- examine the need for a residential collector to serve a subdivision, or other development. E. Another condition of approval for 97-7-CU included a recommendation to ITD for Meridian Road (SH-69) driveway locations. Staff recommended that the applicant should have a maximum of two driveways on Meridian Road, and that the driveways offset or align a minimum of 600-feet from any existing or proposed driveways or roadways on Meridian Road. F. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of Meridian Road (SH-69) and install pavement tapers with 15-foot radii abutting the existing roadway edge. G. The applicant should be required to construct a 5-foot wide concrete sidewalk on Meridian Road (SH-69) abutting the developed portion of the site. Coordinate the location of the sidewalk with ITD staff. H. State Highway 69 (Meridian Road) is under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for review and requirements of that Department and the applicant should submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building pernit (or other required permits), whichever occurs first. The applicant may contact District III Traffic Engineer Michael Garz at 334-8340. I. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Constriction Services at 387-6280 (with file numbers) for details. J. As required by District policy, restrictions on the width, number and locations of driveways, may -~ be placed on firture development of this parcel. K. Based on development patters in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. Special Recommendation to ITD: The applicant should have a maximum of two driveways on Meridian Road. The driveways should offset or align a mini»nm~ of 600-feet from any existing or proposed driveways or roadways on Meridian Road. 2. The applicant should be required to pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of Meridian Road (SH-69) and install pavement tapers with 15- foot radii abutting the existing roadway edge. MAZ00-018.CMM Page 3. The applicant should be required to construct a 5-foot wide concrete sidewalk on Meridian Road (SH-69) abutting the developed portion of the site. Coordinate the location of the sidewalk with ITD staff. if the rezone is approved and the District receives a development proposal for a church, the District intends to provide the following requirements, in addition to any additional requirements that may apply upon District review of future development, to the City of Meridian: Site Specific Requirements: 1. Comply with requirements of ITD for State Highway 69 (Meridian Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building penilit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Michael Garz at 334-8340. 2. When a specific development application for this site is received, staff will evaluate the need for a residential collector roadway along the south property line. 3. In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 4. 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: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Plamiing and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and inchtde a written explanation of why such a requirement would result in a substantial hardship or inequity The written regtiest shall be submitted to the District no later than 9'00 a m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the Dish•ict after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $] 10.00. The request for reconsideration shall s~~ecifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the MAZ00-018.CMM Paae 4 ~~~ ~ Commission. if the Commission agrees to reconsider the action, the applicant will be motif ed 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 #193, 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. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 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. Constriction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 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. 9. 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. MAZ00-O1 s.CMI~~ Pa<~e Co~~clusion of La~~~: 1. AChID requirements are intended to assure that the proposed use/development will not }dace an undue burden on the existing vehicular and pedesn-ian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted bv: Commission Action: P]am~inQ and Development Staff MAZ00-O1 S.Ci\~n~ Pa~~e 6 ,.-.. ,~ ADA Cl..JNTY HIGHWAY DIS'i 1CT Development Applications Commission level approvals Tech Review -September 29, 2000 Commission Meeting -October 1 1, 2000 7:00 p.m. 0 C T - 6 2000 A -AGENDA Boise City: A 1. CAA00-00208 City of Meridian: A2. MAZ00-0018 City of Star: Preliminary Plat: A3. Meadowbrook A4. Rockbridge B - AGENDA Final Plats: B 1 Aquila Village B2 Cinque Terre B3 Harris Ranch # 3 B4 Harris Ranch #4 BS Kingsgate 4812-4816 Alamosa Street/Wymosa Street 2452 Meridian Road (SH-69) Star Road s/o Floating Feather Road SH-44/Plummer Road R,~CE~D CITY OF NJ~R~IDIAN Duplex Rezone RT to R-8 TAZ: 232 Lots: 45 TAZ: 233 Lots: 32 ne/c State St./Palmetto Ave. Taz :241 Lots : 7 s/o Columbia Rd, e/o Meridian Rd. Taz: 306 Lots : 5 i~/o Wann Springs Ave/Eckert Rd. Taz: 50-51-218 Lots: 114 n/o Warm Springs Ave/Eckert Rd. Taz: 50-51-218 Lots: 31 w/s Dalton Ln./s/o Ustick Rd. Taz: 142 Lots: 1 S Page 1 of 2 ocio~3eR ~ ioo.noc ADA COUNTY HIGHWAY DISTRICT Development Applications Staff level approvals Tech Review -September 29, ?000 Ada County: Preliminary Plat: 1. Rabbit Run 2. 00-56-CU 3901 King Road 1880 Swan. Falls Road TAZ: 316 Boarding kennel Lots: 3 Page 2 of 2 oc~roi3ra i io~,.~oc ,•,~ N'.'B OF TRE~-1 ~ UR£' L!4LLEY ~' ~1AYOR Robert D. Cowie A Good Place to Live LEGAL DEPARTMENT ~~~~ ~~ ~~~~~~~ (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC vvORxs Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS 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: October 2, 2000 Transmittal Date: ,~' Hearing Date: October 10, 2000 File No.: AZ-00-018 Request: Annexation and Zoning of 34.84 acres from RT to R-8 for for proposed church and vacant land By: Dale Ownby Location of Property or Project: Meridian Road, south Of Overland Road Sally Norton, P1Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department `~- Police Department City Attorney City Engineer City Planner Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Gen - 26 PP/FP/PFP - 30 AZ - 27 R,ECEIVEj} SEP 2 0 2000 CITY OF MERIDIAN ^IT~ rl FRK C)FFICE CENTRAL CENTRA` DISTRICT HEALTH DEPA. .'MENT •• DisTRicT Return to: ~1'HEALTH Environmental Health Division ^ Boise DEPARTMENT R~+ CEIVE~ ^ Eagle Rezone # ~~-O~ --C~ l ~ S E P 2 s ~nnn ^ Garden City Conditional Use # ^ Meridian Preliminary /Final /Short Plat ^ Kuna ^ ACZ .S~r ~ y i __ ~~ ~ ~ ^ Star ~. We have No Objections to this Proposal ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more-data conceming the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources conceming 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. Run-off is not to create a mosquito breeding problem. ^ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 14. Date:./ 1~/ a~ Reviewed By: ~ 1~~ ~~~ Review Sheet S0'3Jdd • M,~YOR Robert D. Come bbL0b8880i? r. CITY COUNCiI, MEMBERS Ron Anderson Keith Bird Tammy deWeerd Chcric McCandless NUB OF TRF,,~S1!RE VALLEY A Goad Place to Live CITY Off' M -.N 33 EAST tAA. MERIDIAN, IDAI-IO 83(x42. ~ 7 2000 (203) 588-4433 • Fax (208) 88,7-4813 city cleric otTiee Fax (2i~~~s~fl:F MERIDIAN CITY CLERK OFFICE 0I :9S 00~ SZ d3S LEG.3.L DEPARTMENT (_08)'_5-2499 -Fax ZSS-2501 PUBLIC CORKS BUrtDiNG DEPARTMENT (20S)$S7.2211 • Fsx 387-1297 PL,4NN[NG AND ZONWG DEPARTMENT (208) S3a-5533 • Fax 8SS-6954 TRANSMITTALS 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: OCtOber 2, 2000 Transmittal Date: ~e,~2}.PrL~~ Hearing Date: October 10, 2000 File No.: AZ-00-018 Request: Annexation and Zoning of 34.84 acres from RT to R-8 for for proposed church and vacant land By: Dale Ownby location of Property or Project: Meridian Road, south Of Overland Road Sally Norton, P/Z Bill Nary, P2 Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department X Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - Z6 PP!PP!PfP - 30 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation} Idaho Transportation Department 09/29/2000 15:18 ~1AYOR Robert D: Cbrrie C1TY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWCcrd Cherye McCandless SANITARY SERVICE .~'~ '~ ` HUB aF TREASURE VALLEY A. Good Place to Live CI~X QF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208).387-x813 City Clerk t7ft`ice Fax (208) 888-4218 PAGE 03 IEGAI DEPARTMENT (208) Z83-2499 • Fax 233-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax B87-1297 PLANNING AND ZONING DEPARTMENT {208) SSa-5533 • Fax 888.6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendationswill be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Cler~k,,,bjypy~, ~,,~~ ~ ~- October 2, 2000 Transmittal Date: ~~` •~.,'~,,~~~' Hearing Date: October 10, 2000 File No.: AZ-00-018 Request: Annexation and Zoning of 34.84 acres from RT to R-8 for for proposed church and vacant land By; Dale Ownby Location of Property or Project: Meridian Road, south Of Overland Road Sally Norton, P2 Bill Nary, PlZ Thomas Barbeiro, P/Z Richard Hatcher, P/Z Kslth Borup, P2 Robert Corrie. Mayor Ron Anderson, C/C Tammy deWeerd, C/C , Keith Bird. C/C Cherie McCandless, C/C Water Department Sewer Department '~ Sanitary 6ervice Building Department Fire Department Police Department City Attorney City Engineer C(ty Planner Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: Gen . 28 FPlFPIPFp . 30 A2.27 gEC~~D SEP 2 9 2000 CITY OF ;~~~~AN 2088885052 SEP 29 ' 00 15 26 ~AR~~RSAS~ core ,~~ ~~ ~ ~CEI~~ sE~ z a 2ooQ CITY OF MERIDIAN ~~ ~ . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 September 25, 2000 Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, Clty Clerk SHOP: Nampa 466-0663 Meridian City Hall 33 East Idaho Meridian, ID 83642 Re: AZ-00-018 Annexation and Zoning from RT to R-8 for proposed church and vacant lot /Dale Ownby Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above-mentioned application. Sincerely, I./-c~C-~ ~~=~r~n 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 FILE COPY DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Valley Shepherd Church of the Nazarene, Inc., Owner/Developer 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 VALLEY SHEPHERD CHURCH OF THE NAZARENE, INC., hereinafter called "OWNER"/DEVELOPER", whose address is 831 East First Street, Meridian, Idaho 83642. 1. RECITALS: 1.1 WHEREAS, "Owner"/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 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner"/"Developer" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of R-8 Medium Density Residential District, (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT (AZ-00-018) - 1 ~ ~. 1.5 WHEREAS, "Owner"/"Developer" made representations at the public hearings both before the Meridian Planning Sz Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the day of , ,has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Owner"/"Developer" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER"/"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 "Owner"/"Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning DEVELOPMENT AGREEMENT (AZ-00-018) - 2 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 Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER"/"DEVELOPER": means and refers to Valley Shepherd Church of the Nazarene, Inc., whose address is 831 East First Street, Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT (AZ-00-018) - 3 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Section 11-7-2 ~D) which are herein specified as follows: Construction and development of a church and amulti-purpose facility. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner"/"Developer" is required to submit 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". 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owner"/"Developer" shall develop the "Property" in accordance with the following special conditions: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 6.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate. irrigation drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. DEVELOPMENT AGREEMENT (AZ-00-018) - 4 ~"`+ ~, 6.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 6.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 6.4 Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 6.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6.6 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 6.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 6.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.I~. 6.9 All construction shall conform to the requirements of the Americans with Disabilities Act. DEVELOPMENT AGREEMENT (AZ-00-018) - 5 '"~ 6.10 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 6.11 Buffering of adjacent properties shall be reviewed during the conditional use permit process. 6.12 Approximately half of the 35-acre parcel proposed for annexation is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Duna-Meridian Road, is designated to sewer into the 12- inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-inch gravity sewer line in Overland Road which shall be at or over capacity at build- out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunk along the east-bound off ramp of I-84. As per P/Z and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it. Adopt the Recommendations of the Ada County Highway District as follows: 6.13 The applicant shall have a maximum of two driveways on Meridian Road. The driveways shall offset or align a minimum of 600 feet from any existing or proposed driveways or roadways on Meridian Road. 6.14 The applicant shall be required to pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement of Meridian Road (SH-69) and install DEVELOPMENT AGREEMENT (AZ-00-018) - 6 pavement tapers with 15-foot radii abutting the existing roadway edge. 6.15 The applicant shall be required to construct a 5-foot-wide concrete sidewalk on Meridian Road (SH-69) abutting the developed portion of the site. Coordinate the location of the sidewalk with 1TD staff. 6.16 Comply with requirements of ITD for State Highway 69 (Meridian Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 6.17 When a specific development application for this site is received, staff shall evaluate the need for a residential collector roadway along the north property line. 6.18 In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 6.19 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Additionally, at the City Council meeting held December 19, 2000, the below conditions are required: 6.20 Pursuant to the terms of this Development Agreement between the Applicant and the City before the annexation ordinance will be adopted, the Applicant, or its successors and assigns, covenant that the uses for the parcel will be restricted to the following: worship center, common area fellowship area, gymnasium, classrooms for religious instruction, prayer chapel, recreation areas, bus garage/shop, recreational vehicle center, school, daycare, and senior center. This delineation of allowed uses does DEVELOPMENT AGREEMENT (AZ-00-018) - 7 /"\ `~"~' not supercede any city ordinances or state statutes pertaining to application procedures, public hearings, etc. which may be required before any such facilities could be built, including but not limited to the City of Meridian's conditional use permit process. The Applicant must agree that any uses the Applicant intends to put on this parcel can only be done through a planned unit development or a conditional use permit. Only a portion of the property is serviceable by sewer from the Meridian Trunk Line. The westerly portion can not be developed until the Black Cat Trunk Sewer is extended to serve the property. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner"/"Developer" or "Owner"/"Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within two years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner"/"Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner"/"Developer" and if the "Owner"/"Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner"/"Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance DEVELOPMENT AGREEMENT (AZ-00-018) - 8 .--. with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner"/"Developer", "Owner"/"Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owner"/"Developer" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner"/"Developer"'s cost, and submit proof of such recording to "Owner"/"Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owner"/"Developer", or by any successor or successors in title or by the assigns of the parties hereto. DEVELOPMENT AGREEMENT (AZ-00-018) - 9 ~ f'"o 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. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner"/"Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner"/"Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Owner"/"Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner"/"Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner"/"Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be DEVELOPMENT AGREEMENT (AZ-00-018) - 10 /"\ issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner"/"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. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: Valley Shepherd Church of the Nazarene 831 East First Street Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between DEVELOPMENT AGREEMENT (AZ-00-018) - 11 ,~ the parties and shall survive any default, termination or forfeiture of this Agreement. 19. .TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way 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 "Owner"/"Developer", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner"/"Developer" has fully performed its obligations under this Agreement. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner"/"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 "Owner"/"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 DEVELOPMENT AGREEMENT (AZ-00-018) - 12 /"1 successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ-00-018) - 13 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. VALLEY SHEPHERD CHURCH OF THE NAZARENE BY: Attest: BY RESOLUTION NO. CITY OF MERIDIAN BY: MAYOR ROBERT D. CORRIE Attest: CITY CLERK BY RESOLUTION NO. DEVELOPMENT AGREEMENT (AZ-00-018) - 14 STATE OF IDAHO) COUNTY OF ADA) ss On this day of in the year before me, a Notary Public, personally appeared known or identified to me to be the person who executed the instrument and acknowledge to me having executed the same. ~S~) 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: Z:\Work\M\Meridian\Meridian 15360M\NazareneChurchAZ018\DevelopAgr.wpd DEVELOPMENT AGREEMENT (AZ-00-018) - 15 ~ /'1 EXHIBIT A Legal Description Of Property A tract of land located in the Northeast one-quarter of the Southeast one-quarter of Section 24, Township 3 North, Range 1 West, Boise-Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of the Southeast one- quarter of said Section 24, thence along the easterly line of said Southeast one-quarter South 00°-37'-31" West a distance of 188.40 feet to a steel pin located at the Southeast corner of that property conveyed to William O. Aaron and Jean L. Aaron, husband and wife, in that warranty deed recorded July 19, 1985 as Instrument No. 8537566, Records of Ada County, Idaho, said point being the POINT OF BEGINNING. Thence along the southerly line of said Aaron tract, North 87°-08' West a distance of 94.40 feet to a steel pin; Thence continuing along the southerly line of said Aaron tract, North 89°-58'-30" West a distance of 1231.55 feet, more or less, to the Southeast corner thereof, said point being on the westerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along said westerly line South 00°-29'-O1" West a distance of 1142.52 feet, more or less, to the Southwest corner of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the southerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, South 89°-55'-18" East a distance of 1323.03 feet, more or less, to the Southeast corner of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the easterly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, North 00°-37'-31" East a distance of 1142.10 feet, more or less, to the POINT OF BEGINNING. The above described tract of land contains 34.84 acres, more or less, subject to all rights-of-way and easements. DEVELOPMENT AGREEMENT (AZ-00-018) - 16 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of AF~roval DEVELOPMENT AGREEMENT (AZ-00-018) - 17 CNy of Meridian CMy Ckrk's OMkr ^ 33 East Idaho Meridian, ID 8364 2 Vai ~ ~In~~he~-o1 ~-,L00-DI$ __" ° roman Drive Meridian ID 83642 (2ueenland Acres Irx ' / ~~, Way, Meridian ID 83642 Bear Creek, LLC The Development ~ .N Cove Plaoe Meridian ID 83642 ull Cove Place Meridian ID 83642 Lauri William and ]ten Aaron- ---------_ ~~ridian Road Meridian ID 83642 Valley Shepf~erd Churdi of tie Nazarene 831 E. 1st 5t. Meridian ID 83642 Jack and Joan Adkins 400 W. Victory Rd. Meridian ID 83642 Cloyd Nelson & Maurice Painter 3015 S. Meridian Road Meridian ID 83642 Jose and Janice Larrea 100 Rosalyn Ct. Meridian ID 83642 Jose ~~ Larrea 105 Rosalyn Ct. Meridian ID 83642 Donald arrd Ester Griffith 2560 S. Meridian Road Meridian ID 83642 Richard and Theresa Shackelford f'r08 44753 Boise ID 83711-0753 John and Linda Barnett 105 Edmonds Ct. Meridian ID 83642 Tim Mussel) 110 E. Victory Road Meridian ID 83642 ''1 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 December 19, 2000, for the purpose of reviewing and considering the application of Valley Shepherd Nazarene Church for annexation and zoning of 34.84 acres to R-8 for a church and vacant land generally located on Meridian Road south of Overland Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hail, 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 November 16, 2000 ,`~~~~,~~a~~tsiarr~~rtir,F~~J, vA a1.~~~"a r.'~j ~r 5 T ~~~~~"N@p ~~ .~ „V% PUBLISH December~QSi ~k~~ .~, ~~ P ,` ff~'~~~~1d~9~$~ tt1~3~~~~`44 d=- ~ "_' WILLIAM G. BERG, JR., CI C RK /"~ n ~ ~ RpyUA~E AND A>g~OC.IATES PA Engineers Surveyors Landptanners 391 W State Stroet Sufts E Eo~e Idaho 83616 (208) 939-2824 VALLEY SHEPHERD CHURCH OF THE NAZARENE VICINITY MAP ~. ~~jMs ~G ~f 08/29/00 X: \PROJECTS\NAZARENE\2091 \DRAWINGS\EXHIBIT\VICINITY.DWG r. , HUB OF TREASURE VALLEY _ MAYOR A Good Place to Live Robert D. Cowie CITY OF MERIDIAN CITY COUNCIL MEMBERS 33 EAST IDAHO Ron Anderson MERIDIAN, IDAHO 83642 Keith Bird (208) 888-4433 • Fax (208) 887-4813 Tammy deWeerd City Clerk Office Fax (208) 888-4218 Cherie McCandless September 28, 2000 Re: Correction of Notice of Public Hearing Dear Property Owner: LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 This is to inform you that notices of public hearings were mailed on September 20, 2000, incorrectly noting the applicant as Dale Ownby and should have been reflected as Valley Shepherd Church of the Nazarene. I apologize for any inconvenience this may have caused. Please find enclosed a corrected copy of the notice for such public hearing. If you have any questions, please feel free to call me at 208-888-4433 ext. 210. Sincerely, ~~, Shelby E. Ugarriza Deputy City Clerk enc. .~ '"~ CORRECTED 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 October 10, 2000 for the purpose of reviewing and considering the application of Valley Shepherd Church of the Nazarene for Annexation and Zoning of 34.84 acres from RT to R-8 for a proposed church and vacant land generally located on Meridian Road south of Overland Road. Amore 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 atl interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 18th day of September, 2000 ~~~ WILLIAM G. BERG, JR., I CLERK \~~``~,,, a, ra - r ~ np~~,, G~~~~~PORgT~ ~~ y ~, PUBLISH September 29, 2000 and October 6, 2000 ~ r ,, ,, ~ Q(,~,g~~ ~Y , ~~• ~`~rrr ...:s~~~~~~ ~1~I, ~ o~' 9Q jG~~(~ T 1 S~ • ~~ s~ .-~ Q..• T O W v v D ~, r --~ ~ ~ ~ ~ ~ 1 (:J N ~1 0'1 U7 A I W N 1 ~ ~ a aZi \ ~ ~ 7 Q C , •\, d y w cn~ m Q m ~ `~~'a 3 (• ~ o C' Z D ~ ~ ~ a 8 ~ ~ v c ~ ~ ~ • J r _\ ~. ~I ~ ~ ~ r .~ ~ ~ a N "~ ~ ° D n n y m - o Z m C d y w ~ o ° ~ a t~ o ~ `° ~ ~. m ~ a • °'~ p ~ ~ p Z ~ ~ ~ ~ fD 3 cn - ~ m u`D, ~ ~ O ~ ~i a 6 ~_ °• O ~O g~g 7O c~i ~ > ~, ~ >c ~ c~D a s of 3 ~j c -• ~" - ~ ~ `-° d w ¢o ¢° ¢° Q° ~ ¢o ~° ~° S R° ~ b ~ ~ ~ ~ '~~, 0' ~ ~ ~ ~r ~_ c of ^ ~i ~ ~i a ~ f " ~ ~ ~ m a czi ~ '~ " ~ m ~ ~i , ~ ~ ~ , .~ ~ ~ ~ ~ S ~ rt ~ ~ ^^^ ^ ~ ~ ~ o ~ c>> ~m m m w m C a m N ~ < a ,~ ~ o ° ~ ~ c io rn ~ o `n o ~ ^^^^ ti a cn cn ~ I V I ~ ~ ~ ~ ~ 1 ' ' N G r c= ' C1. ~ ~ • ~ ~ ~ ^ ~ ~ m w _ ~' O ~i07~. O'er ~ C ~ ~ d y N~ y 6 C ~ d G O n N~ N d f7 tD `~ (D N ~ y 7 md~goc o a m ~ d j C T~ 7 0 ~ C ~ n m mo m~.o~ - m w ~ 3 m O O x O ~ C 7 ~ a ~ ~ C ~ ~ N. ~ M m w g' ~ m c m m a3a p ~ o ~ ~ '-cn'`,o~ d a ~ c m n `c' ~` ° ' ° ~ Q~~ , y m - v r•• ~ 37 n ci 3 a~ `~ `D J W a m -0 N +m d N a T10 ~~ t O w ~. (n W X 9 y ' o ' O 3 o5 mo •- ~ °' o o x.y 3 ~ ~ cn ~ n =w ~. a _, y m m c~ ~' n C~ d ~~ O Q O O C = ~ c p'_'~ 3~ m ~ Z1 x ~~ N m nya a ~ n w w m ~ ~~~dod T~ ~.4 Oan •`3om~d o d.J~ , = m ~, c d y ~ ~ a J m o ~ ~ 3 a m~^5' 9 m o.m ~.a 19.m ~ ^. d ~ O `< N ~n~ga D m m ~ o ~ ~ m m g ~ G ~m fD b n 0 m Q ..{ m m O 61 O ._-. A f7 ~O . ~ r A >a &~ y m C D_ < KO (D ~~ ~ ~ c G 1 a C n Z NOTICE OF HEARING ~+-'C 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 October 10, 2000 for the purpose of reviewing and considering the application of Dale Ownby for Annexation and Zoning of 34.84 acres from RT to R-8 for a proposed church and vacant land generally located on Meridian Road south of Overland Road. Amore 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 18th day of September, 2000 ,~ 2 IL IAM G. BERG, JR., T CLERK `~~~~~utii ti n r~~~~~~~' J~ , ,~ a°~ Cdr ~+,PC:~ ~~r '~. PUBLISH September 29, 2000 and October 6, 2000 ~~ ~~. ~o`~ !~; : :~~;~t~ r„~ '~ 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 October 10, 2000, for the purpose of reviewing and considering the applications of: Sam Fishel for a modification of the existing Conditional Use Permit to reduce front landscape setback generally located west of Meridian Road on Franklin Road; Kevin Howell for Annexation and Zoning of 110.71 acres from RT and R-4 for proposed Cedar Springs Subdivision; furthermore, the applicant requests Preliminary Plat approval of 333 building lots and 25 other lots on 99.83 acres in a proposed R-4 zone for proposed Cedar Springs Subdivision generally located northwest of Meridian Road and Ustick Road; Dale Ownby for Annexation and Zoning of 34.84 acres from RT to R-8 for a proposed church and vacant land generally located on Meridian Road south of Overland Road. PUBLISH September 29, 2000 and October 6, 2000 s~ ** TX CONFIRMATi~,J REPORT ** .-~ AS OF SEP 20 '0~ 1007 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 03 09/20 10 07 3776309 MODE MIN/SEC PGS CMD# STATUS EC--S 00'21" 001 231 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m, on October 10, 2000, for the purpose of reviewing and considering the applications of: Sam Fishel for a modification of the existing Conditional Use Permit to reduce front landscape setback generally located west of Meridian Road on Franklin Road; Kevin Howell for Annexation and Zoning of 110.71 acres from RT and R-4 for proposed Cedar Springs Subdivision; furthermore, the applicant requests Preliminary Plat approval of 333 building lots and 25 other lots on 99.83 acres in a proposed R-4 zone for proposed Cedar Springs Subdivision generally located northwest of Meridian Road and Ustick Road; Dale Ownby for Annexation and Zoning of 34.84 acres from RT to R-8 for a proposed church and vacant land generally located on Meridian Road south of Overland Road. PUBLISH September 29, 2000 and October 6, 2000