Sulamita Church AZ 14-014ADA COUNTY RECORDER Christopher D. Rich 2015-023708
BOISE IDAHO Pgs=41 VICTORIA BAILEY 03/2 51201 5 11:52 AM
MERIDIAN CITY NO FEE
1111111111111111111111111111111111111111111111111
00078004201500237080410412
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Sulamita Church, Owner/Developer
p� THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this % day of e!n4���/4 , 2015, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho and Sulamita Church, whose address is 1021 N. W. 8s' Street, Meridian, ID 83642,
hereinafter called OWNEWDEVELOPER.
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, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/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
Section 11-511-3 of the Unified Development Code ("UDC'), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owner/Developer has submitted an application for the
annexation of approximately 9.76 acres of land from the RUT zoning district
in Ada County to the R-8 (Medium Density Residential) zoning district (as
described in Exhibit "A"), under the Unified Development Code, which
generally describes how the Property will be developed and what
improvements will be made; and
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 Property will be developed and what
improvements will be made; and
DEVELOPMENT AGREEMENT- SULAMITA CouRCH (AZ- 14-014) PAGE 1 OF 8
1.6 WHEREAS, the record of the proceedings for the requested preliminary plat
on the Property held before the Planning & Zoning Commission, and
subsequently before the City Council, includes responses of government
subdivisions providing services within the City of Meridian planning
jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 24°1 day of March, 2015, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit `B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, 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 request; 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 Agreement, herein being established as a result of evidence received
by the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on April 19,
2011, Resolution No. 11-784, and the UDC, Title 11.
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 Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to Sulamita Church, whose
address is 1021 N.W. 8th Street, Meridian, Idaho 83642, the party that is
DEVELOPMENT AGREEMENT- SULAMITA CHURCH (AZ- 14-014) PAGE 2 OF 8
developing said Property and shall include any subsequent
owner/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"
describing the parcels to be re -zoned Medium Density Residential (R-8) and
attached hereto and by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement.
CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
5.1.1 Access to the site is restricted to those access points shown on the site plan in
Exhibit A as approved with this application by the City of Meridian and Ada
County Highway District.
5.1.2 A recorded easement granting cross -access to the property to the west (parcel
#S 1209110307) shall be submitted to the City with the Certificate of Zoning
Compliance application.
5.1.3 Future development of this site shall be generally consistent with the site
plan, landscape plan and building elevations shown in Exhibit A of the Staff
Report that is attached as part of the Findings of Fact and Conclusions of Law
and the conditions listed in said Staff Report.
5.1.4 The southern fagade of the building addition to be constructed in Phase II
shall incorporate modulations in the facade in accord with the design
standards listed in UDC 11 -3A -19A and the design guidelines listed in the
Meridian Design Manual.
5.1.5 A minimum ten (10) foot wide multi -use pathway is required to be
constructed along the north side of the Ten Mile Creek in accord with the
Pathways Master Plan. Landscaping is required along the pathway in accord
with the standards listed in UDC 11-313-12C.
5.1.6 The Ten Mile Creek shall remain open and not be piped.
6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2)
years after the date of the Findings for the annexation and zoning or it is null and void.
DEVELOPMENTAGREEMENT- SULAMITA CHURCH (AZ- 14-014) PAGE 3 OF 8
7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms and conditions included in this Agreement shall constitute default
under this Agreement.
7.2 Notice and Cure Period. hi the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty (180) days; provided, however, that
in the case of any such default that cannot with diligence be cured within
such one hundred eighty (180) day period, 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.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification of this Agreement and de -annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserves all rights to contest
whether a default has occurred. This Agreement shall be enforceable in the
Fourth Judicial District Court in Ada County by either City or
Owner/Developer, or by any successor or successors in title or by the assigns
of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that 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.
7.5 Waiver. 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 default
and defaults waived and shall neither bar any other rights or remedies of City
nor apply to any subsequent default of any such or other covenants and
conditions.
DEVELOPMENT AGREEMENT - SULAMr1A CHURCH (AZ - 14-014) PAGE 4 OF 8
8. 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 with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re -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.
10. ZONING: City shall, following recordation of the duty approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
11. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agrees to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance
with Paragraph 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. 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:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER/DEVELOPER:
Sulamita Church
1021 N. W. 81h Street
Meridian, ID 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPMENT AGREEMENT- SULAMITA CHURCH (AZ- 14-014) PAGE 5 OP 8
14.1 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.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16. 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.
17. 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/Developer, 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 benefited 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.
18. 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.
19. DUTY TO ACT REASONABLY: Unless otherwise expresslyprovided, eachparty
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and Cityrelative 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
DEVELOPMENT AGREEMENT- SULAMITA CHURCH (AZ -14-014) PAGE 6 or 8
or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
OWNER/DEVELOPER:
Sulamita Church
ATTEST:
CityCler
CITY OF MERIDIAN
B
o Mayo y de Weerd
/51 '
c
n r, r_'ry r
DEVELOPMENT AGREEMENT - SULAMITA CHURCH (AZ -14-014) PAGE 7 OF 8
By:
ATTEST:
CityCler
CITY OF MERIDIAN
B
o Mayo y de Weerd
/51 '
c
n r, r_'ry r
DEVELOPMENT AGREEMENT - SULAMITA CHURCH (AZ -14-014) PAGE 7 OF 8
STATE OF IDAHO )
ss:
County of Ada,
On this � day of /// , 2015 before me, the undersigned, a Notary Public in and
for said State, personally appeared 1/p�� a1Yr1 K , known or identified to me
to be the 77 LQ' Uf iU 1' of Sulamita Church, and acknowledged to me that he executed
the same on behalf of said Church.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(SEAL)(,2,p,NCH0','O TAR1 Notary Public for Idaho
Residing at: My Commission Expires:
UB LSC)orf of 1DP
STATE OF IDAHO )
ss
County of Ada
On this day of2015, before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee L. Holman, 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(SEAL)
Notary Public Pr Idaho
Residing at:
Commission expires: z/ & 2
DEVELOPMENT AGREEMENT- SULAMITA CFMCu (AZ- 14-014) PAGE 8 OF 8
EXHIBIT A
IDAHO 14SO Ent WAWOW X51.
a Suku 110
SURVEY l*idlvL ldih,S 12
GROUP
Phil. poq 0464s70
FIX OR 104,5190
Project No. 14.141 August 14, 2014
Revised November 19, 2014
DESCRIPTION FOR
CITY OF MERIDIAN ANNEXATION
SULAMITA, INC. PROPERTIES
A parcel of land being located In Ole NE 1/4 of the NE 1/4 of Secllon 9, UN.,
RAW., B.M., Ada County, Idaho more particularly described as follows:
BEGINNING at the NE corner of said Section 9 from which the N1/4 comer of
said Section 9 bears North 89°38'00' West, 2649.94 feel;
thence along the East boundary Ilne of said Section 9 South 00°01'38" West,
712.36 feel;
thence leaving said East boundary line North 88°16'00' West, 364.00 feel;
thence North 72°69'30' West, 199.19 feel;
thence North 70'39'30' West, 76.62 fent to the SW comer of said Parcel 2;
thence North 00001'36' East, 622.14 feel to a point on the North boundary line of
said Section 9
thence along said North boundary line South 89'36'00' East, 618.86 feet to the
REAL POINT OF BEGINNING containing 9.76 acres, more or less.
Prepared by;
Idaho Survey,,Group, P.C.
Gregory G. Carter, P.L.S.
6 USe1N*dc4N+dkcd Lal Cmw11J,4m 14-I4147xa [. mw=bion Pmicadx
Sulaurita Church — AZ 14-014
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
(AWE IDIAN*--
IDAHO
In the Matter of the Request for Annexation and Zoning of 9.76 Acres of Land with an R-8 Zoning
District; and Conditional Use Permit for a Church in the R-8 Zoning District, Located at the
Southwest Corner of N. Black Cat Road and W. Cherry Lane at 4973 W. Cherry Lane, by Sulamita
Church.
Case No(s). AZ -14-014; CUP -14-019
For the City Council Hearing Date of. March 17, 2015 (Findings on March 24, 2015)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 17, 2015, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of March 17, 2015, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 17, 2015,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of March 17, 2015, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (1.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14-014; CUP -14-019
-I-
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 17, 2015, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for annexation and zoning is hereby approved with the requirement of a
development agreement containing the provisions in the attached Staff Report for the hearing
date of March 17, 2015, attached as Exhibit A.
2. The applicant's request for a conditional use permit for a church in the R-8 zoning district is
approved in accord with the conditions in the attached Staff Report for the hearing date of
March 17, 2015, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat must be signed by the City
Engineer within this two (2) year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the City Council may be granted. With all extensions, the Director
or City Council may require the conditional use comply with the current provisions of Meridian
City Code Title 11(UDC 11-513-617).
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City
within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-313).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11-513-3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14-014; CUP -14-019
-2-
I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
Attached: Staff Report for the hearing date of March 17, 2015
CITY OF MERIDIAN FINDINGS OF FAC1', CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14-014; CUP -14-019
-3-
By action of the City Council at its regular meeting held on the a� day of
2015.1
COUNCIL PRESIDENT CHARLIE ROUNTREE
VOTED
COUNCIL VICE PRESIDENT KEITH BIRD
VOTEI)4 `—
COUNCIL MEMBER DAVID ZAREMBA
VOTED
COUNCIL MEMBER JOE BORTON
VOTED —^
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tam e WeeT
"X-1) A
Attest: ?>
n ' Gry "e
V11110 //
Jaycee fonan SrP
City Cleric rFk
llic 46E
Copy served upon Applicant, Th Planning Division, Public Works Department and City Attorney.
Dated: 3a� /
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14-014; CUP -14-019
4-
STAFF REPORT
TO:
FROM:
SUBJECT:
EXHIBIT A
Hearing Date: March 17, 2015
(Continued from March 3, 2015)
Mayor & City Council
Sonya Watters, Associate City Planner
208-884-5533
CVEP,IDIAN*,,-
IDAHA
Bruce Freckleton, Development Services Manager
208-887-2211
AZ -14-014; CUP -14-019 — Sulamita Church
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Architecture Northwest, has submitted an application for annexation and zoning (AZ)
of 9.76 acres of land with an R-8 zoning district designation. A conditional use permit (CUP) is also
proposed for a church in the R-8 zoning district. See Section LV of the staff report for more
information.
H. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ and CUP applications in accord with the conditions
of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on December 18.2014
January 15, and February 5.2015. At the public hearing on February 5 2015 the Commission
moved to recommend approval of the subject AZ and CUP requests.
a. Summary of Commission Public Hearing:
i. Testified in favor: Vladimir Lukomskv; Vasily Shabura; Pavel Stroh; Eugene Kazimir•
Mike Bartosh, Timor Muzafarov; Vadim Elikh; Sergey Vassin; Randy Haverfield• and
Anton Bovarchuk
ii. Signed Up in Favor: Pavel Shulga; Aleksandra Shulga; Viktor Tseme; Viktor Ludan;
Yelena Ludan; Ilya Vasilchenko; Vlad Lukomskv; Vitaliv Kochubev Igor Ivko•
Prudniceva Mariva; Vasilino Nikoryak; Inna Tsema; Valentina Bartosh; Vitaliv Elikh•
Anna Kazmina; Stretlana Brabura: Vladimir Bovarchuk; and Nataliva Kochubev
iii. In opposition: None
iv. Commenting: None
v. Written testimony: Randy Haverfield, Applicant's Representative (in agreement with
staff report)
vi. Staff presenting application: Sonya Watters
vii. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. None
e. Key Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
Sulamita Church AZ -14-014; CUP -14-019 PAGE 1
EXHIBIT A
a.SUIRmau
L
of City
In favor: Paul
Council Public
Struk Vasily
Hearin :
Shabura; Victor Tseme
lk
In opposition:
None
fii
Commenting:
None
iy.
Written testimony:
None
y.
Staff presenting
application:
Sonva Watters
A
Other staff
commenting on
annlication: None
Key
Issues of Discussion
by Council:
Z
None
c. Kev
Council Changes to Staff/Commission Recommendation
,GTiIa
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14-
014 & CUP -14-019, as presented in the staff report for the hearing date of March 17, 2015, with the
following modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-014
& CUP -14-019, as presented during the hearing on Marchl7, 2015, for the following reasons: (You
should state specific reasons for denial)
Continuance
I move to continue File Numbers AZ -14-014 & CUP -14-019 to the hearing date of (insert continued
hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at the southwest coiner of N. Black Cat Road and W. Cherry Lane at 4973 W.
Cherry Lane, in the NE '/n of Section 9, Township 3 North, Range 1 West. (Parcel #:
S1209110210)
B. Owner(s):
Sulamita Church
1021 N. W. 8"' Street
Meridian, TD 83642
C. Applicant:
Randy Haverfield
224 16°i Avenue South
Nampa, ID 83651
D. Representative:
Same as applicant
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning and conditional use permit. A public hearing
is required before the Planning & Zoning Commission and City Council on these applications,
Sulamita Church AZ -14-014; CUP -14-019 PAGE 2
EXHIBIT A
consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: December 1, and 15, 2014; December 29, 2014 and
January 12, 2015 (re -notice) (Commission); January 26, and February 2, 2015 (re -notice)
(Commission); February 9, 2015 City Council)
C. Radius notices mailed to properties within 300 feet on: November 21, 2014; December 18, 2014
(re -notice); January 20, 2015 (re -notice) (Commission); February 9, and 23, 2015 Wty Council)
D. Applicant posted notice on site(s) on: December 4, 2014 (Commission); January 23, 2015 (re -
notice) (Commission); March 5, 2015 (City Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of rural residential agricultural property,
zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: W. Cherry Lane and rural residential properties, zoned RUT in Ada County
2. East: N. Black Cat Road and single-family residential properties, zoned R-4 and R-8
3. South: Rural residential property, zoned RUT in Ada County
4. West: Agricultural property, zoned RUT in Ada County
C. History of Previous Actions: None
D. Utilities:
1. Location of sewer: A sanitary sewer main intended to provide service to the proposed site
currently exists in N. Black Cat Road.
2. Location of water: Domestic water main intended to provide service to the proposed site
currently exists in N. Black Cat Road and W. Cherry Lane.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Ten Mile Creek runs along the southern boundary of this site;
there is also an irrigation ditch that crosses this site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
4. Flood Plain: A portion of this site along the southern property boundary adjacent to the Ten
Mile Creek lies within the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated Medium Density Residential (MDR) on the Future Land Use Map
(FLUM) contained in the Comprehensive Plan.
MDR areas are characterized by relatively low densities and a predominance of single-family and
two -unit housing types emphasizing ownership opportunities. Smaller two, three, or four unit
apartment buildings may be compatible in an MDR area, but large apartment buildings or apartment
complexes are not. In general, MDR areas should be protected from encroachments of higher density
or higher intensity uses. MDR areas should include a mix of housing types that achieve an overall
average target gross density of 6 units per acre. Generally, densities should range from 4-8 units per
acre and should be designed conducive to walking with all of the housing and other uses sharing an
Sulamita Church AZ -14-014; CUP -14-019 PAGE 3
EXHIBIT A
interconnected sidewalk and street system.
The applicant proposes to annex the subject property with an R-8 zoning district, consistent with the
MDR designation, and develop the site with a church. The proposed church use requires conditional
use approval in the R-8 zoning district per UDC Table 11-2A-2.
Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to
the proposed use of this properly (staff analysis in italics):
• "Permit schools, churches, and other public and civic uses in rural areas, that are compatible
with adjacent uses." (3.05.02E)
The site for the proposed church is located on the fringe of current City limits, in a primarily
rural area of the City and the use should be compatible with adjacent residential uses.
• "Require appropriate landscaping and buffers along transportation corridor (setback,
vegetation, low walls, berms, etc.) (3.06.02F)
A minimum 25 foot wide landscape buffer is required along N. Black Cat Road and W.
Cherry Lane, both arterial streets, per UDC Table 11-2A-7. These landscape buffers are
required to be planted in accord with the standards listed in & 11-3B-7, as shown on the
landscape plan
• "Limit canal tiling and piping of ditches, creeks, and drains where public safety issues are not
of concern." (5.01.0113)
The Ten Mile Creek is a natural waterway that runs along the southern boundary of the site
and is required to be left open and not piped.
• "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and
Jackson and Evans drainages) throughout commercial, industrial and residential areas."
(5.01.01E)
The Ten Mile Creek is a natural amenity that should be improved and protected with
development of this site.
• "Coordinate with irrigation districts to implement the proposed pathway network along
irrigation canals, ditches, creeks, and easements." (6.02.02C)
The applicant should coordinate with both Settler's Irrigation District and the City Parks
Department to implement the segment of the pathway network that lies on this site along the
Ten Mile Creek.
• "Reduce the number of existing access points onto arterial streets by using methods such as
cross -access agreements, access management, and frontage/backage roads." (3.03.02N)
There is an existing driveway access to the subject site via W Cherry Lane and two existing
driveway accesses via N. Black Cat Road for the existing homes. The access on Cherry is
proposed to be removed and a new access is proposed to be shared with the property to the
west. The northern access via N. Black Cat Road is proposed to remain and be reconstructed
in alignment with W Thorn Creek Street on the east side of Black Cat Road, and the southern
driveway is proposed to be retnoved. With removal of one access and relocation and proposal
of a shared access, the number of access points will be reduced with development of this site.
• "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01.01 F)
City services are available and will be extended with the development of the site in accord
with UDC 11-3A-21.
Sulamlta Church AZ -14-014; CUP -14-019 PAGE
EXHIBIT A
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian comprehensive plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range. The medium
density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-6 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for a
church is listed as conditional use in the R-8 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2A-6 for the R-8 zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC Table 11-2A-6 for the R-8 zoning district.
E. Off -Street Parking: Off -sheet parking is required in accord with UDC Table 11-3C-6 for non-
residential uses.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning
The applicant has applied to annex and zone a total of 9.76 acres of land with an R-8 zoning
district.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and rezoned. The property is contiguous to land that has
been annexed into the City to the west and east and is within Meridian's Area of City Impact
boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this
application, staff recommends a DA as a provision of annexation with the provisions included in
Exhibit B.
Because the Future Land Use Map (FLUM) designation for this property is Medium Density
Residential (MDR), Staff believes the proposed R-8 zoning is appropriate for this property as
discussed above in Section VII.
2. Conditional Use Permit
The applicant requests conditional use approval of a church in the R-8 zoning district as required
by UDC Table 11-2A-2.
Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC
11-4-3-6, Church or Place of Religious Worship, as follows: "Schools, child daycare services,
meeting facilities for clubs and organizations, and other similar uses not operated primarily for
the purpose of its congregation may be permitted to the extent the activity is otherwise permitted
in the district."
Sulamita Church AZ -14-014; CUP -14-019 PAGE 5
EXHIBIT A
Site Plan: A site plan was submitted as shown in Exhibit A.2 that depicts the proposed project
developing in two phases. The first phase will consist of a 28,457 square foot (s.f.) church
facility, which will include a centralized foyer and main worship space, administrative office,
nursery room, meeting rooms and fellowship gathering room. There will also be an unfinished
gymnasium, kitchen and meeting rooms. The second phase will include a 5,883 square foot
addition to the south side of the building. A floor plan is included in Exhibit A.2.
Dimensional Standards: Staff has reviewed the proposed site plan for compliance with the
dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district and found the
existing accessory structures and proposed church structure are in compliance with these
standards.
A 25 -foot wide landscape street buffer is required along N. Black Cat Road and W. Cherry Lane,
both arterial streets, as shown on the site and landscape plans. The maximum building height
allowed in the R-8 district is 35 feet.
Existing Structure(s): There are two existing homes and associated outbuildings on this site.
Both of the homes are proposed to be removed but the outbuildings are proposed to remain as
accessory structures for the church (see demolition plan in Exhibit A.2). Removal of the
dwellings should take place prior to issuance of any building permits on the site. The structures
that are proposed to remain should be screened from the street and adjacent properties with sight
obscuring fencing.
Right -of -Way (ROW) Improvements: ACRD is requiring the applicant to improve W. Cherry
Lane with a 7 -foot wide detached sidewalk per the applicant's proposal, and dedicate additional
ROW to total 53.5 feet of ROW from centerline for the N. Black Cat Road/W. Cherry Lane
intersection project which is listed in the ACRD Capital Improvement Plan (CIP) for construction
in 2017-2021.
A 7 -foot wide detached sidewalk is also required along N. Black Cat Road per the applicant's
proposal, and additional ROW is required to be dedicated to total 59 feet of ROW from centerline
for the N. Black Cat Road/W. Cherry Lane intersection widening project.
Vehicular Access: There is one existing access via W. Cherry Lane that is proposed to be
removed and relocated to the west property line for shared access with the property to the west.
There are two existing accesses via Black Cat Road; the northern access is proposed to be shifted
to align with W. Thorn Creek Street on the east side of Black Cat and the southern access is
proposed to be removed. Staff recommends access is restricted to those points shown on the site
plan and as approved by ACRD.
A recorded easement granting cross -access to the property to the west (parcel #S1209110307)
should be submitted to the City with the Certificate of Zoning Compliance application for
construction of the church.
A new gravel driveway is proposed for access to the accessory structures off of the paved
driveway via N. Black Cat Road. Typically driveways are required to be paved; however, because
this driveway will be infrequently used to access lawn care and maintenance equipment stored in
the buildings, the driveway may be constructed with a dustless material including but not limited
to asphalt, concrete, pavers, bricks, or recycled asphalt in accord with UDC 11 -3C -5B; gravel is
not allowed. The landscape plan should be revised accordingly.
Landscaping: A landscape plan was submitted with this application for the subject property as
shown in Exhibit A.3.
Street buffers along W. Cherry Lane and N. Black Cat Road are depicted on the landscape plan in
accord with standards listed in UDC Table 11-2A-6 and 11-313-7C.
Sulamita Church AZ -14-014; CUP -14-019 PAGE 6
EXHIBIT A
Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-
3B -8C, as depicted on the landscape plan.
Landscaping is required along pathways in accord with the standards listed in UDC 11 -3B -12C.
No landscaping is depicted on the landscape plan along the pathway adjacent to the Ten Mile
Creek; landscaping should be shown on a revised plan submitted with the Certificate of Zoning
Compliance in accord with UDC standards.
Tree Mitigation: There are several existing trees on this site. All of the trees are proposed to be
retained except for three small trees located within the proposed development area, which are
proposed to be removed; mitigation calculations are shown on the landscape plan.
The applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment
to confirm mitigation requirements prior to removal of any trees on the site. Mitigation
information should be included on a revised landscape plan submitted with the Certificate of
Zoning Compliance application in accord with UDC 11-3B-1OC.5.
Sidewalks: The UDC (11-3A-17) requires minimum 5 -foot wide detached sidewalks to be
provided along all arterial streets. The site plan depicts a 7 -foot wide detached sidewalk along the
entire frontage of W. Cherry Lane and along the N. Black Cat Road frontage that lies north of the
proposed driveway access to the site; the sidewalk should be extended from the driveway to the
southern property boundary.
Pathways: A regional pathway is designated on the Master Pathways Plan on this site along the
north side of the Ten Mile Creek. The proposed site/landscape plans depicts a 10 -foot wide
pathway easement along the creek; a 10 -foot wide pathway should be depicted within the
easement and constructed with development of this site in accord with the Plan. A separate
pedestrian easement should be submitted to the Park's Department for approval by City Council
and subsequent recordation.
The multi -use pathway is required to be illuminated with a four -foot tall bollard style or other
appropriate lighting source, unless otherwise waived by the Director in accord with UDC 11 -3A -
8H. Such lighting shall be shielded from adjoining residences.
A minimum 5 -foot wide internal pedestrian pathway is required to be provided from the
perimeter sidewalk along W. Cherry Lane to the main building entrance as depicted on the plans.
The internal pathway should be distinguished from the vehicular driving surface through the use
of pavers, colored or scored concrete or bricks in accord with UDC 11 -3A -19A.4.
Parking: Based on the overall square footage of the proposed building (28,457 s.f), a minimum
of 57 parking spaces are required to be provided per UDC 11 -3C -6B. A total of 191 parking
spaces are depicted on the site plan in compliance with UDC requirements.
Parking stalls and drive aisles are required to comply with the dimensional standards listed in
UDC Table 11-3C-5. Parking stalls should be a minimum of 9 feet wide by 19 feet long with a
25 -foot wide drive aisle for 2 -way traffic. Parking stalls may be reduced to 9 feet wide by 17 feet
long if the adjacent landscaped area or sidewalk is widened an additional 2 feet to allow for
vehicle overhang. The site and landscape plans should be revised to comply with these standards.
Bicycle parking is also required to be provided on the site in accord with the standards listed in
UDC 11 -3C -5C and 11 -3C -6G. Based on the number of parking spaces proposed, a minimum of
8 bicycle spaces are required. A bicycle rack is depicted on the site plan and should accommodate
at a minimum, the number of spaces required by the UDC.
Utilities: Street lighting is required to be installed within and adjacent to the development in
accord with the City's adopted standards, specifications and ordinances. All development is
Sulumita Church AZ -14-014; CUP -14-019 PAGE 7
EXHIBIT A
required to connect to the City water and sewer system unless otherwise approved by the City
Engineer in accord with UDC 11-3A-21.
Pressurized Irrigation (PI): An underground PI system is required to be provided to the site in
accord with UDC 11-3A-15.
Storm Drainage: A storm drainage system is required for the development in accord with the
City's adopted standards, specifications and ordinances. Design and construction shall follow best
management practice as adopted by the City in accord with UDC 11-3A-1 S.
Waterways: The Ten Mile Creek runs along the southern boundary of this site and an irrigation
ditch crosses this site. All ditches are required to be piped unless waived by City Council in
accord with UDC 11 -3A -6A. The Ten Mile Creek is required to be left open as a natural
waterway in accord with UDC 11 -3A -6A.
Floodplain: A portion of this site along the southern boundary lies within the Meridian
Floodplain Overlay District. Prior to any development occurring in the Overlay District a
floodplain permit application, including hydraulic and hydrologic analysis is required to be
completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-
6.
Building Elevations: The applicant submitted building elevations for the future church building
as shown in Exhibit A.4. Building materials are proposed to consist primarily of stucco with stone
veneer wainscot and an asphalt shingle roof with hardiplank fascia.
All structures are required to comply with the design standards listed in UDC 11-3A-19 and the
guidelines in the Meridian Design Manual. Staff has reviewed the proposed elevations and found
the west, north, and east elevations in compliance with these standards and guidelines; however,
the south elevation does not incorporate any modulation in the fapade as required by UDC 11 -3A -
19A.1. Because the second phase will include an addition on the south side of the structure
constructed in Phase I, staff does not recommend the southern elevation proposed in Phase I is
modified; however, the addition proposed in Phase 2 should incorporate modulation on the south
elevation in accord with UDC 11-3A-19A.1a. The proposed floor plan included in Exhibit A.2 for
Phase II is not approved. The applicant did not submit a time estimate of when the second phase
would be constructed as it will be funded by donations.
All ground level mechanical equipment is required to be screened to the height of the unit as
viewed from the property line. All rooftop mechanical equipment is required to be screened as
viewed from the farthest edge of the adjoining right-of-way.
Fencing: All fencing is required to comply with the standards listed in UDC 11 -3A -6B and 1I -
3A -7. No new fencing is proposed; there is some existing fencing around the existing accessory
structures that is proposed to remain.
Existing barbed wire fencing is depicted around the existing accessory structures that is proposed
to remain. The UDC (11 -3A -7A) prohibits barbed wire fencing; therefore, it should be removed.
A small portion of existing wood fencing is also proposed to remain, which is allowed. Staff
recommends new sight obscuring fencing is installed around the outbuildings to screen them from
the street and adjacent properties.
Any fencing constructed along the Ten Mile Creek should not prevent access to the waterway in
accord with UDC 11 -3A -6B.
Trash Enclosure: A trash enclosure is depicted on the site plan. A detail of the enclosure should
be submitted with the Certificate of Zoning Compliance application and the applicant should
address whether or not a recycling container is proposed. Bob Olson with Republic Services
requests the applicant contact him at 345-1265 to discuss the location of the trash enclosure.
Sulamita Church AZ -14-014; CUP -14-019 PAGE 8
EXHIBIT A
Certificate of Zoning Compliance (CZC): The applicant is required to obtain approval of a
CZC application for the proposed use from the Planning Division prior to issuance of building
permits.
Design Review: The applicant is required to obtain approval of a Design Review application for
the proposed site design and structure from the Planning Division prior to issuance of building
permits for this site. This application may be submitted concurrently with the CZC application.
In summary, Staff recommends approval of the proposed annexation and conditional use permit
request for this site with a development agreement and the recommended conditions listed in
Exhibit B of this report in accord with the findings contained in Exhibit C.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Site Plan (dated: November 2014), Demo Plan and Floor Plan
3. Proposed Landscape Plan (dated: November 2014)
4. Proposed Elevations (dated: November 2014)
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
Sulamita Church AZ -14-014; CUP -14-019 PAGE 9
EXHIBIT A
A. Drawings
1. Vicinity Map
Fxhihit A Page 1
EXHIBIT A
2. Proposed Site Plan (dated: November 2014), Demo Plan and Floor Plan
AD:0C1 F.EF . 5MLE FATLY OIELLM fN0.NtlRACTVhD1 TGEC tali
Wes P.t,)ITE PLAN RW
2-
W. THORN CREEK 8T.
CITE RECAP
WAN bu gy.unnv wu
MyMe!2�aG�Wpi
�±nm
RcemeC w
wa
YN.tier
OWNER CONTACT INFO.
µmM�w�.l fiv9
.�.r WE .NOTE&
.A� r:
A.,.,
I
PRO Pb06D
II _
CNVIIDN
V�4DIND
I
$
I rl� }b}
I
�I
exienxD �
uxu DOIF160
1 P P{P CEL P
AD:0C1 F.EF . 5MLE FATLY OIELLM fN0.NtlRACTVhD1 TGEC tali
Wes P.t,)ITE PLAN RW
2-
W. THORN CREEK 8T.
CITE RECAP
WAN bu gy.unnv wu
MyMe!2�aG�Wpi
�±nm
RcemeC w
wa
YN.tier
OWNER CONTACT INFO.
µmM�w�.l fiv9
.�.r WE .NOTE&
.A� r:
A.,.,
EXHIBIT A
CNE env ,LAPe
_. ------------
.�..{.
R raa
II momr y <
II, nvm I � m
,v W. THORN CREEK ET.
�----
N
RYMO_ _ __ _!l IITIXO TRX RLL6 Ofl![[ Rfl
X LAM! �'—'
MACEWYF NTY, S'NGLE FN LY WEELIIYi n1AYFOLIIr$w ZQFP Rrt I
LUST�NGW DEMOLITION SITE PLAN _,
-3-
SITE RECAP
KEYNOTES
w a
m sw��„a�ee�me
�� vrN�urwsiev.,e
MT"
o�
MIA
"A w
EXHIBIT A
UNFINISHED
`PHASE ONE
\`,•���
VIL
UNFINISHED
PHASE TWO
6.883 ar.
o
The configuration of
the Phase II footprint
is not approved
4-
S. F. IN
_49A
EXHIBIT A
3. Proposed Landscape Plan (dated: November 2014)
-s-
EXHIBIT A
4. Proposed Elevations (dated: November 2014)
—6—
• KEYNOTES
EXTERIOR FINISH
Sa
PEC PI AIIONS
y
IS�V^11..w
aIC�awA
O
E�w,"a f,.�.,.H'
MW
MEN-r-
+yU�
�
ELf NATION
.�'G�'_un
�JESi
U
9
7 7,111
LP
WE
A�--
• w... ETELEVATIGM
3
aF
s
0 TH EL EYgTION
•�S.
—e
PROPOSED
�VT�I•PiIEVATION
!Wq'fIOAA
aa.o
—6—
EXHIBIT A
B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 Comments and Site Specific Conditions of Approval
Annexation & Zoning Comments
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
After the annexation application is approved by the City Council, the applicant shall pay a fee of
$303.00 to the Planning Division to initiate the DA process. The DA will then be drafted by the
City Attorney's office and transmitted to the application for signature. The applicant shall sign
the DA and return it to the City within two (2) years of the City Council granting approval of the
annexation Findings. The DA shall, at minimum, incorporate the following provisions:
a. Access to the site is restricted to those access points shown on the site plan in Exhibit A as
approved with this application by the City of Meridian and Ada County Highway District.
b. A recorded easement granting cross -access to the property to the west (parcel #S1209110307)
shall be submitted to the City with the Certificate of Zoning Compliance application.
c. Future development of this site shall be generally consistent with the site plan, landscape plan
and building elevations shown in Exhibit A and the conditions listed in the staff report.
d. The southern fagade of the building addition to be constructed in Phase 11 shall incorporate
modulations in the facade in accord with the design standards listed in UDC 11 -3A -19A and
the design guidelines listed in the Meridian Design Manual.
e. A minimum ten (10) foot wide multi -use pathway is required to be constructed along the
north side of the Ten Mile Creek in accord with the Pathways Master Plan. Landscaping is
required along the pathway in accord with the standards listed in UDC 11-313-12C.
f The Ten Mile Creek shall remain open and not be piped.
Conditional Use Permit Conditions of Approval
1.1.2 The site plan included in Exhibit A.2 dated November 2014 shall be revised as follows:
a. Depict a 10 -foot wide multi -use pedestrian pathway along the north side of the Ten Mile
Creek in accord with the Pathways Master Plan.
b. The driveway to the existing accessory structures is required to be constructed with a dustless
material including but not limited to asphalt, concrete, pavers, bricks, or recycled asphalt in
accord with UDC 11 -3C -5B.
c. The sidewalk along the frontage of the site on N. Black Cat Road shall be extended to the
south property boundary.
d. Parking stalls and drive aisles are required to comply with the dimensional standards listed in
UDC Table 11-3C-5.
1.1.3 The landscape plan included in Exhibit A.3 dated November 2014 shall be revised as follows:
a. Depict a 10 -foot wide multi -use pedestrian pathway along the north side of the Ten Mile
Creek in accord with the Pathways Master Plan and landscaping along the pathway in accord
with the standards listed in UDC 11 -3B -12C.
-7-
EXHIBIT A
b. The applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an
appointment to confirm mitigation requirements prior to removal of any trees on the site.
Include mitigation information on the plan in accord with UDC 11-313-10C.5 after meeting
with Elroy Huff.
c. Parking stalls and drive aisles are required to comply with the dimensional standards listed in
UDC Table 11-3C-5.
d. The multi -use pathway is required to be illuminated with a four -foot tall bollard style or
similar lighting source. Such lighting shall be shielded from adjoining residences, per UDC
11 -3A -8H unless otherwise waived by the Director.
e. Sight -obscuring fencing shall be installed around the perimeter of the existing outbuildings
that are proposed to remain for screening from Black Cat Road and adjacent properties.
1.1.4 A minimum 5 -foot wide detached sidewalk is required to be constructed along the entire frontage
of the site along W. Cherry Lane and N. Black Cat Road per UDC 11-3A-17.
1.1.5 All ground level mechanical equipment is required to be screened to the height of the unit as
viewed from the property line. All rooftop mechanical equipment is required to be screened as
viewed from the farthest edge of the adjoining right-of-way.
1.1.6 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site.
1.1.7 The applicant shall design and construct the multi -use pathways consistent with the location and
specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise
approved by the Parks and Recreation Director.
1.1.8 Prior to any development occurring on the site within the Overlay District, a floodplain permit
application, including hydraulic and hydrologic analysis is required to be completed and
submitted to the City and approved by the Floodplain Administrator per MCC 10-6.
1.1.9 The applicant shall comply with the specific use standards listed in UDC 11-4-3-6, Church or
Place of Religious Worship.
1.1.10 The developer shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. The existing barbed
wire fencing on the site is prohibited and shall be removed.
1.1.11 The Ten Mile Creek shall be improved and protected with development of this site.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC
Chapter 2 District regulations.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5.
1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.5 Constrict the pathway and adjoining fencing and landscaping consistent with the standards as set
forth in UDC 11 -3A -7A7 and 11 -3B -12C respectively.
1.2.6 Install lighting consistent with the provisions as set forth in UDC 11-3A-1 1.
1.2.7 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-311-6 and MCC 9-1-28.
-8-
EXHIBIT A
1.2.8 Comply with the sidewalk standards asset forth in UDC 11-3A-17.
1.2.9 Install all utilities consistent with the standards asset forth in UDC 11-3A-21 and 11-313-5J.
1.2.10 Construct all off-street parking areas consistent with the standards asset forth in UDC 11-313-5I,
11-313-8C, and Chapter 3 Article C.
1.2.11 Construct the required landscape buffers consistent with the standards asset forth in UDC 11-313-
7C (streets) and 11-313-9C (adjoining use).
1.2.12 Construct storm water integration facilities that meet the standards as set forth in UDC 11 -3E -
11C.
1.2.13 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11-3G-3135
and 11-313-7C.
1.2.14 Protect any existing trees on the subject property that are greater than four -inch caliper and/or
mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.2.15 Provide bicycle parking spaces as set forth in UDC 11 -3C -6G consistent with the design
standards as set forth in UDC 11 -3C -5C.
1.2.16 Comply with the off street loading space requirements as set forth in UDC 11-3C-8.
1.2.17 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12.
1.2.18 Construct a berm or berm and wall combination consistent with the standards in UDC 11 -3H -4D.
1.2.19 Construct a multi -use pathway and install pedestrian lighting and landscaping consistent with
UDC I1-311-40.
1.2.20 Construct a multi -use pathway consistent with standards in UDC 11-3114C.
1.2.21 Construct all required landscape areas used for storm water integration consistent with the
standards as set forth in UDC 11 -3B -11C.
1.2.22 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the
guidelines set forth in the City of Meridian Design Manual.
1.2.23 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
1.2.24 Comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14.
1.2.25 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval. Applicant shall also include the location of any existing street
lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs,
and at a spacing that does not exceed that outlined in the Standards. The contractor's work and
materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to
the ISPWC.
1.3 Ongoing Conditions of Approval
1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set
forth in UDC 11-513-6G. The applicant shall contact Planning Division staff regarding any
proposed modification and/or transfer of ownership.
1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
9-
lax" 1".1
1.3.3 The applicant shall have an ongoing obligation to maintain all pathways.
1.4 Process Conditions of Approval
1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the
applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3
Article D and receive approval for such signs.
1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use
within two years as set forth in UDC 11-513-617 1 or 2) gain approval of a time extension as set
forth in UDC 1 I -5B -6P4.
1.4.3 Unless specifically approved by Council through a Development Agreement, all non -conforming
uses shall cease prior to issuance of the CZC and/or final plat approval on the subject property.
1.4.4 Prior to Certificate of Occupancy, the applicant shall submit a public access easement for the
multi -use pathways along the Ten Mile Creek to the Park's Department for approval by City
Council and subsequent recordation.
1.4.5 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance application
and Design Review from the Planning Division prior to submittal of building permit application.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 The applicant shall be responsible for the construction of water and sewer mains from their
current points of connection to and through the proposed development, this may entail looping a
water main through the site from W. Cherry Lane to N. Black Cat Road. Determination of this
requirement will be made by means of computer modeling during the review of the civil design
plans submitted as part of the building package.
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover
from top of pipe to sub -grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water
mains to and through this development. Applicant may be eligible for a reimbursement
agreement for infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a
single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11 " map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to development plan approval.
-10-
EXHIBIT A
2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single -point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per UDC I 1-3A-6.
Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association
(ditch owners), with written approval or non -approval submitted to the Public Works Department.
If lateral users association approval can't be obtained, alternate plans shall be reviewed and
approved by the Meridian City Engineer prior to final plat signature.
2.2.7 Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, etc., prior to signature on the final plat.
2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro -
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 1 I -12-3H.
2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
-I1-
EXHIBIT A
2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of
3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1 -foot above.
2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACRD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Sheet Lighting. All street lights
shall be installed at developer's expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor's work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
3. POLICE DEPARTMENT
3.1 The Police Department had no comments on this application.
4. FIRE DEPARTMENT
4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking
Knox box plugs.
4.2 Based on the size of new constriction and the location of the sprinkler room in relation to the address
side of the structure, the AHJ may require separate Knox box locations. One being at the main,
address side enhance and the other at the entrance to the sprinkler riser room.
4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4'/z" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
12-
EXHIBIT A
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f Fire hydrants shall be placed 18" above finished grade to the center of the 4 %" outlets.
g. Fire hydrants shall be provided, to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and
48' outside, per International Fire Code Section 503.2.4.
4.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000
GVW, per International Fire Code Section 503.2.
4.6 Ensure that all yet undeveloped parcels are maintained fiee of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a
vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
4.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J.
4.9 Commercial and office occupancies will require a fire -flow consistent with International Fire
Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C.
4.10 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
4.11 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
4.12 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in
International Fire Code Section 505.1.
4.13 The applicant shall work with Public Works and Planning Department staff to provide an address
identification plan and a sign which meets the requirements of the City of Meridian sign ordinance
and is placed in a position that is plainly legible and visible from the street or road fronting the
property, as set forth in International Fire Code Section 505.1.
4.14 All electric gates are required to be 20' in width and equipped with a Knoxbox key switch as set
forth in International Fire Code Section 503.6 & National Fire Protection Standard 1141, Section
5.3.17.3.
4.15 There shall be a fire hydrant within 100' of all fire department connections as set forth in local
amendment to the International Fire Code 10-4-2L.
4.16 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC
102.9
4.17 Buildings over 30' in height are required to have access roads in accordance with the International
Fire Code Appendix D Section D105.
5. REPUBLIC SERVICES
5.1 Coordinate with Republic Services on location of trash enclosure.
5.2 Address whether or not recycling will be provided for on the site.
13-
EXHIBIT A
6. PARKS DEPARTMENT
6.1 A pathway is required along the north side of the Ten Mile Creek in accord with the Pathways
Master Plan.
6.2 Mitigation is required for any healthy trees being removed from the site in accord with the
standards listed in UDC 11 -3B -10C. The applicant shall contact Elroy Huff, City Arborist, at
888-3579 to schedule an appointment to confirm mitigation requirements prior to removal
of any trees on the site.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Improve Cherry Lane with 7 -foot wide detached concrete sidewalk, and dedicate right-of-way to
total 53.5 -feet from centerline.
7.1.2 Improve Black Cat Road with 7 -foot wide detached concrete sidewalk, and dedicate right-of-way
to total 59 -feet from centerline.
7.1.3 Close the existing driveway on Cherry Lane and replace with 7 -foot wide detached concrete
sidewalk.
7.1.4 Construct a 30 -foot wide curb return type driveway on Cherry Lane located approximately 559 -
feet west of Black Cat Road.
7.1.5 Close the driveway on Black Cat Road south of Thorn Creek and replace with 7 -foot wide
concrete sidewalk.
7.1.6 Reconstruct one 35 -foot wide driveway as a curb return type driveway aligned with Thorn Creek
Street.
7.1.7 Enter into a license agreement for any landscaping located within ACHD right-of-way or
easement areas abutting the site.
7.1.8 Payment of impacts fees are due prior to issuance of a building permit.
7.1.9 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all
easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way
(including all easements).
7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing
non-compliant pedestrian improvements abutting the site to meet current Americans with
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA compliance to District Development Review staff for review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
-14-
EXHIBIT A
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) 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 ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACHD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site
plan and may require additional improvements to the transportation system at that time. Any
change in the planned use of the property which is the subject of this application, shall require the
applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
-15-
EXHIBIT A
C. Legal Description & Exhibit Map for Annexation Boundary
1�11
IDAHO
SURVEY
GROUP
Project No. 14-141
1450 Fast WatBrtewet St.
Ske UO
6terfdlan Idphu 93642
Phone f708) 846-8570
Fax (708) 084,5399
August 14, 2014
Revised November 19, 2014
DESCRIPTION FOR
CITY OF MERIDIAN ANNEXATION
SULAMITA, INC. PROPERTIES
A parcel of land being located In the NE 1/4 of the NE 1/4 of Section 9, T.3N.,
RAW., B.M., Ada County; Idaho more particularly described as follows;
BEGINNING at the NE corner of said Section 9 from which the N1/4 corner of
said Section 9 bears North 89038'00" West, 2649:94 feet;
thence along the East boundary line of said Section 9 South 00°01'36" West,
712.35 feet;
thence leaving said East boundary line North 88°16'00" West, 354.00 feet;
thence North 72°59'30" West, 199.19 feet;
thence North 70°39'30" West, 76.82 feet to the SW corner of said Parcel 2;
thence North 00°01'36" East, 622.14 feet to a point on the North boundary line of
said Section 9
thence along said North boundary line South 89°36'00" East, 616.86 feel to the
REAL POINT OF BEGINNING containing 9.76 acres, more or less.
Prepared
Idaho Sul
Gregory G. Carter, P.L.S.
S:VSG ProlectaZiad,cel Lot Consolidation 14d411¢ocu"nMAnnemllun ParceLdoo
I6-
EXHIBIT A
1/4 S 4 BASIS OF BEARING W CHERRY LANE S 4 S3
S 9 .2033.08' - — _ ^ 616.88 S 9 S 10
I
I
I I
I
9.76 ACRES
I
N70'39'30"W
76,62'
_ �5g3 W �gB 79 dam- ^._.T
IY N8a 15 00"W 384.00'
CENTENLINE DITCHI
JL
11
'�' � 4wawnim5rvrhne,.
SURVEY
GROUP. P.C.
20 120 360
0 60 240
SCALE: 1" = 120'
ANNEXATION EXHIBIT DRAWING FOR
SULAMITA, INC PROPERTY
17-
AM.
1
1
I
I
I
1
3®
EXHIBIT A
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to annex the subject property with an R-8 zoning district. The
City Council finds the proposed use of the site as a church facility is consistent with the
applicable provisions of the Comprehensive Plan and should be compatible with existing and
future adjacent residential uses if the site is developed in accord with the conditions of
approval in Exhibit B (see section VII above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the R-8 zoning district is
consistent with the purpose statement for the residential districts as detailed in Section VIII
above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare. City utilities will be extended at the expense of the applicant.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11 -5B -3.E).
no City Council finds annexing this property with an R-8 zoning district is in the best
interest of the City.
Conditional Use Permit Findings:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use
permit if they shall find evidence presented at the hearing(s) is adequate to establish:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The City Council finds that if the site is designed in accord with the site plan in Exhibit A and
the conditions of approval in Exhibit B, the site will be large enough to accommodate the
proposed use and meet the dimensional and development regulations of the R-8 zoning
district and the specific use standards for church facilities.
18-
EXHIBIT A
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The City Council finds that the proposed church use in the R-8 zone meets the objectives of
the Comprehensive Plan and UDC.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The City Council finds that the general design, construction, operation and maintenance of
the church will be compatible with existing and future residential uses in the general
neighborhood and with the existing and intended character of the vicinity and will not
adversely change the character of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The City Council finds that the proposed development should not adversely affect other
property in the vicinity if the applicant complies with all conditions of approval listed in
Exhibit B of this staff report and constructs all improvements and operates the use in
accordance with the UDC standards.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
The City Council finds that sanitary sewer, domestic water and irrigation can be made
available to the subject property. Please refer to comments prepared by the Public Works
Department, Fire Department, Police Department and other agencies.
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
The City Council finds that the applicant will pay to extend the sanitary sewer and water
mains into the site. No additional capital facility costs are expected from the City. The
applicant and/or future property owners will be required to pay impact fees.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The City Council findsthat the proposed development will not involve uses that will create
nuisances that would be detrimental to the general welfare of the surrounding area.
The City Council recognizes the fact that traffic and noise will increase with the approval of
the church; however, whenever property is developed the amount of traffic generation does
increase.
h. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The City Council finds that the proposed development will not result in the destruction, loss
or damage of any natural feature(s) of major importance.
-19-