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Holy Apostles Catholic Church AZ H-2017-0019CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0019 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation & Zoning of 16.32 Acres of Land with a C-C Zoning District for Holy Apostles Church, by Roman Catholic Diocese of Boise. Case No(s). H-2017-0019 For the City Council Hearing Date of: May 2, 2017 (Findings on May 16, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 2, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 2, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 2, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 2, 2017, 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 (I.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. 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 Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 2, 2017, incorporated by reference. The conditions are concluded to be CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0019 - 2 - 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 & zoning is hereby approved with the requirement of a development agreement with the provisions noted in the Staff Report for the hearing date of May 2, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. 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 six (6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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. F. Attached: Staff Report for the hearing date of May 2, 2017 By action of the City Council at its regular meeting held on the (U day of , 2017. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) eerd (�Q AUGUST 0P Attest: z _�� �� 1�1�► u Py �� ay Col �I v Clerk VOTED I(G VOTED VOTED 7(4 VOTED VOTED VOTED Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Gj Y C -e) Dated: / l 7 )2 17 City Cleric's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0019 - 3 - EXHIBIT A Holy Apostles – AZ H-2017-0019 PAGE 1 STAFF REPORT Hearing Date: May 2, 2017 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Holy Apostles – AZ (H-2017-0019) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Roman Catholic Diocese of Boise, has submitted an application for annexation and zoning (AZ) of 16.32 acres of land with a C-C zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application with the requirement of a development agreement in accord with the provisions in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on April 6, 2017. At the public hearing, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Tamara Thompson, The Land Group ii. In opposition: None iii. Commenting: None iv. Written testimony: Tamara Thompson, The Land Group (response to the staff report) v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. None d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on May 2, 2017. At the public hearing, the Council approved the subject AZ request. a. Summary of City Council Public Hearing: i. In favor: Michael Thomas, The Land Group ii. In opposition: None iii. Commenting: None iv. Written testimony: Tamara Thompson, The Land Group (in agreement with staff report) v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None EXHIBIT A Holy Apostles – AZ H-2017-0019 PAGE 2 b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None di. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0019, as presented in the staff report for the hearing date of May 2, 2017, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0019, as presented during the hearing on May 2, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0019 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 southeast corner of N. Meridian Road and E. Chinden Blvd. at 6300 N. Meridian Road, in the NW ¼ of Section 30, Township 4 North, Range 1 East. (Parcel No.: S0530223200) B. Owners: Roman Catholic Diocese of Boise 1501 S. Federal Way, Suite 400 Boise, ID 83705 C. Applicant: Same as owner D. Representative: Tamara Thompson, The Land Group 462 E. Shore Drive, Suite 100 Eagle, ID 83712 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. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: March 17, 2017 (Commission); April 14, 2017 (City Council) C. Radius notices mailed to properties within 300 feet on: March 9, 2017 (Commission); April 7, EXHIBIT A Holy Apostles – AZ H-2017-0019 PAGE 3 2017 (City Council) D. Applicant posted notice on site(s) on: March 23, 2017 (Commission); April 21, 2017 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site is developed with a church, a single-family home, a mobile office used for a charity food pantry, and associated parking and landscaping, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: E. Chinden Blvd. and rural residential properties in Castlebury West Subdivision, zoned R1 in Ada County 2. East: Zamzow’s retail store, zoned RUT in Ada County 3. South: St. Ignatius School, zoned C-C 4. West: N. Meridian Road and vacant/undeveloped land (approved for residential homes - Paramount Director), zoned R-15 C. History of Previous Actions: A property boundary adjustment was recorded in 2016 that created the current configuration of the property (ROS #10478). D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the subject site currently exists near the SE corner of the subject site. 2. Location of water: The Holy Apostles Catholic Church is currently receiving water service from the Suez North America water system in Chinden Boulevard. Terms of a 2007 Agreement between the City of Meridian and United Water of Idaho (preceding water purveyor) stipulates that Suez will retain their current customers in the area that includes the Church. Therefore, the City of Meridian will not be providing water service to the subject church site. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The North Slough runs across the southwest boundary of this site and has been piped. 2. Hazards: Staff is unaware of any hazards that may exist on this property. 3. Flood Plain: This property does not lie within the flood plain. EXHIBIT A Holy Apostles – AZ H-2017-0019 PAGE 4 VII. COMPREHENSIVE PLAN POLICIES AND GOALS Land Use: The subject property is designated Mixed Use - Community (MU-C) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles. Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted in Figure 3-3 in the Comprehensive Plan (pg. 27). Developments should have a mix of at least 3 land use types; residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre; non-residential buildings should be proportional to and blend in with adjacent residential buildings; vertically integrated structures are encouraged; supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area are required. The existing church is a desired use in the MU-C designated area as it provides a service to the community and is easily accessible by car and within walking and biking distance from nearby residential developments. Adjacent properties within the MU-C designated area have developed with a retail store (Zamzow’s, to the east); an assisted living facility (Veranda Senior Living, to the west at Chinden/Fox Run); and future single-family attached homes (Paramount Director, to the west between Fox Run and Meridian Road). There is also land that has not yet developed within the MU-C designated area which will further contribute to the mix of uses in this area when developed. Policies: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics):  “Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.).” (3.06.02F) A 35-foot wide street buffer with landscaping is required along N. Meridian Road and E. Chinden Blvd., entryway corridors, in accord with the standards listed in UDC 11-3B-7C.  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) There are no residential properties that abut this site.  “Restrict curb cuts and access points on collectors and arterial streets.” (3.06.02D) This site currently has a full access via N. Meridian Road and E. Chinden Blvd, both arterial streets. The UDC (11-3A-3) restricts access to arterial streets when access is available via a local street. Local street access is not available to this site. Therefore, staff does not recommend any restrictions on access for this site with this application.  “Ensure development provides safe routes and access to schools, parks and other community gathering places.” (3.07.02N) A detached sidewalk exists along N. Meridian Road and a 10-foot wide detached multi-use pathway is required to be constructed along the frontage of the site on E. Chinden Blvd. which will provide a safe route to community gathering places. EXHIBIT A Holy Apostles – AZ H-2017-0019 PAGE 5  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City sewer service is available and will be extended by the applicant upon annexation of the property in accord with UDC 11-3A-21 and as set forth in the development agreement.  Encourage and promote the preservation and expansion of Chinden Boulevard (US 20/26) by ITD (3.03.02L, Chapter 3, page 48). The applicant should coordinate with ITD on the preservation of right of way (ROW) along the Chinden corridor. The total ROW needed for this segment of corridor is 140 feet. The submitted plan does not depict any future ROW for the expansion of the roadway. Staff recommends the applicant depict the 30-feet of additional (70-feet total from centerline) ROW with the submittal of a certificate of zoning compliance application. Analysis: Annexation of this property with an existing church and C-C zoning is consistent with the FLUM designation of MU-C and should be compatible with adjacent commercial and residential uses. Therefore, Staff feels the proposed development is appropriate within the MU-C designation. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. The C-C district allows a larger scale (than C-N) and broader mix of retail, office and service uses with access to arterial or collector streets. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C-C zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The use of the site as a church is a principal permitted use in the C-C district, subject to the specific use standards set forth in UDC 11-4-3-6. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2B-3 for the C-C zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for non- residential uses. F. Structure and Site Design Standards: Development of this site must comply with the design standards in accord with UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant has applied for annexation and zoning of 16.32 acres of land with a C-C zoning district. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of MU-C and the policies in the Comprehensive Plan as noted. EXHIBIT A Holy Apostles – AZ H-2017-0019 PAGE 6 The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the 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 compliance with the provisions of annexation included in this report in Exhibit B, staff recommends a DA. The applicant has submitted a site plan, included in Exhibit B, showing how the site is developed with a church, accessory structures, parking and access. The plan also includes the 10-foot wide multi-use pathway proposed to be constructed along Chinden Blvd. Existing Structures: There is an existing 52,220 square foot church and accessory structures (a single-family home and food pantry) on this site. Dimensional Standards: Future development on the site is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-C district. 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 religious instruction, worship, government of the church, or the fellowship of its congregation may be permitted to the extent the activity is otherwise permitted in the district.” Access: Access to arterial streets is limited in accord with the provisions listed in UDC 11 -3A-3. One full access currently exists via N. Meridian Road and one full access exists via E. Chinden Blvd. (SH 20/26). Because access via a local street doesn’t exist to this property, these accesses are allowed to remain; however, no additional accesses are allowed in the future. A cross-access/ingress-egress/cross-parking agreement was required to be recorded between the subject property and the school property to the south with the annexation of the school site. Further, the church’s Chinden access is shared with the Zamzow’s property to the east. If/When the Zamzow’s property request annexation into the City, the Zamzow’s property may be required to close their most easterly Chinden access. For this reason, staff recommends, the applicant record a cross-access/ingress-egress easement with the property to the east (Zamzow’s). Parking: A minimum of one parking space is required per every 500 square feet of gross floor area. Based on 52,220 square feet, a minimum of 104 spaces are required. A total of 375 parking spaces are proposed on the concept plan on the subject property with shared parking on the school property to the south consisting of 60 spaces. Waterways: The North Slough runs along the southwest corner and the west boundary of this site. The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space. Utilities: The UDC (11-3A-21) requires all development to connect to the City water and sewer system unless otherwise approved by the City Engineer. Based on the terms of a 2007 Agreement between the City of Meridian and United Water of Idaho (preceding water purveyor to Suez North America) stipulating that Suez will retain their current customers, the City will not be providing water service to the subject church site. Adequate fire protection shall be required in accord with the appropriate fire district standards. Street lighting is required to be installed with development of this property in accord with the City’s adopted standards, specifications and ordinances. A Type 1 light is required at the EXHIBIT A Holy Apostles – AZ H-2017-0019 PAGE 7 intersection of Meridian Road and the school entrance and 220 feet to the south of the first light as shown on the site plan. Pressurized Irrigation (PI): The UDC (11-3A-15) requires an underground PI system to be provided for this development in accord with UDC 11-3A-15. However, because this property is not required to hook up to City water service, a PI system is not required. Landscaping: A minimum 35-foot wide street buffer is required along N. Meridian Road and E. Chinden Blvd. (SH 20/26), both entryway corridors, landscaped in accord with the standards listed in UDC 11-3B-7C. Approximately 275 feet of the 35-foot landscape buffer is not constructed along the Chinden frontage. Staff recommends that this portion of the landscape buffer be constructed within one year of the certificate of zoning compliance approval. Sidewalks/Pathways: Sidewalks are required along all public streets as set forth in UDC 11-3A- 17. A detached sidewalk already exists along N. Meridian Road; no sidewalk exists along Chinden. The UDC (11-3H-4C) requires a 10-foot wide detached multi-use pathway to be provided along E. Chinden Blvd. (SH 20/26) within a public pedestrian easement. Further, staff recommends the applicant reserve all necessary right-of-way for the future widening of Chinden Boulevard. With the submittal of the certificate of zoning compliance application, the applicant should depict the future ITD right-of-way on the site plan to ensure the required 10-foot multi-use pathway and the required 35-foot wide landscape buffer comply with the standards set forth in UDC Table 11-2B-3 and UDC 11-3B-7C. Building Elevations: No new structures are proposed with this application. Certificate of Zoning Compliance: To ensure compliance with UDC standards for site improvements required as a provision of annexation, a Certificate of Zoning Compliance is required to be submitted to the Planning Division within 60 days of annexation. The required improvements will need to be completed within one (1) year of approval of the Certificate of Zoning Compliance. In summary, Staff recommends approval of the proposed annexation and zoning request for this site with a development agreement containing the provisions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Site Plan (dated: 2/10/17) B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code EXHIBIT A Holy Apostles – AZ H-2017-0019 PAGE 7 A. Drawings 1. Vicinity/Zoning Map EXHIBIT A Holy Apostles – AZ H-2017-0019 PAGE 8 2. Site Plan (dated: 2/10/17) EXHIBIT A Holy Apostles – AZ H-2017-0019 PAGE 9 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 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. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. The Applicant shall provide for future right-of-way as required by the Idaho Transportation Department for the widening of E. Chinden Blvd. (SH 20/26). b. Access is limited to the access points that currently exist to this site [one (1) via N. Meridian Road and one (1) via E. Chinden Blvd.]; no additional accesses shall be allowed in accord with UDC 11-3A-3. c. The developer shall pipe or otherwise cover any and all open ditches that cross this site in accord with UDC 11-3A-6 unless such waterway is improved as a water amenity as defined in UDC 11-1A-1. d. A minimum 35-foot wide street buffer shall be provided along the north and west property boundaries adjacent to E. Chinden Blvd. and N. Meridian Road, both entryway corridors, and landscaped in accord with the standards listed in UDC 11-3B-7C. e. This development is required to connect to the City sewer system within sixty (60) days of annexation into the City in accord with UDC 11-3A-21 and MCC 9-1-4. At such time as the development is connected to City sewer service, disconnection from private service is required. Note: The church is not required to hook-up to City water service based on the terms of the 2007 Agreement between the City of Meridian and United Water of Idaho (preceding water purveyor to Suez North America) which stipulates that Suez will retain their current customers. f. All development shall comply with the dimensional standards for the C-C zoning district listed in UDC Table 11-2B-3 and the specific use standards listed in UDC 11-4-3-6, Church or Place of Religious Worship. g. A minimum 10-foot wide multi-use pathway is required to be constructed within the street buffer along E. Chinden Blvd. within a public use easement as set forth in UDC 11-3H-4C.4. The pathway shall be setback outside of the area needed for future right-of-way expansion of Chinden Blvd./SH 20/26. Coordinate the details of the easement with Jay Gibbons, Park’s Department (208-888-3579), and submit a copy of the easement to the Planning Division for approval by City Council and subsequent recordation. h. A cross-access/ingress-egress easement shall be recorded to the property to the east (Zamzow’s) in accord with UDC 11-3A-3A. i. To ensure compliance with UDC standards for site improvements required in this agreement as a provision of annexation, a Certificate of Zoning Compliance is required to be submitted to the Planning Division within 60 days of annexation. The required improvements will need to be completed within one (1) year of approval of the Certificate of Zoning Compliance. EXHIBIT A Holy Apostles – AZ H-2017-0019 PAGE 10 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The Holy Apostles Catholic Church is currently receiving water service from the Suez North America water system in Chinden Boulevard. Terms of a 2007 Agreement between the City of Meridian and United Water of Idaho (preceding water purveyor) stipulates that Suez will retain their current customers in the area that includes the Church. Therefore, the City of Meridian will not be proving water service to the subject church site. 2.1 General Conditions of Approval 2.2.1 Applicant shall coordinate 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 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 sewer mains outside of public right of way. The easement widths shall be 20-feet wide for a single utility. The easements shall be dedicated via the City of Meridian’s standard forms. 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. 2.2.4 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. 2.2.5 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. 2.2.6 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. 2.2.7 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.8 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.9 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. 2.2.10 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 public 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 EXHIBIT A Holy Apostles – AZ H-2017-0019 PAGE 11 Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 2.1 The Fire Department had no comments on this application. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT Comments have not been received from ACHD on this application. EXHIBIT A Holy Apostles – AZ H-2017-0019 PAGE 12 C. Legal Description & Exhibit Map for Annexation Boundary EXHIBIT A Holy Apostles – AZ H-2017-0019 PAGE 13 EXHIBIT A Holy Apostles – AZ H-2017-0019 PAGE 14 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 16.32 acres of land property with a C-C zoning district consistent with the MU-C FLUM designation for this property. The City Council finds that the proposed map amendment and existing church use complies with the provisions of the Comprehensive Plan and should be compatible with the adjacent residential and commercial uses (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 C-C zoning district is consistent with the purpose statement for the commercial 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 map 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). The City Council finds annexing this property with a C-C zoning district is in the best interest of the City.