Holy Apostles Church H-2017-0019ADA COUNTY RECORDER Christopher D. Rich 2017-055359
BOISE IDAHO Pgs=28 HEATHER LUTHER 06/16/2017 04:57 PM
CITY OF MERIDIAN, IDAHO NO FEE
DEVELOPMENT AGREEMENT
PARTIES: 1, City of Meridian
2, Roman Catholic Diocese of Boise, Owner/Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this day of :�� , 2017, 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 83642 and Catholic Diocese of Boise, whose address is 1501 S. Federal Way, Suite
400, Boise, ID 83705, hereinafter called OWNER/ DEVELOPER,
1, RECITALS:
1,1 WHEREAS, Owner 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
L2 WHERE, AS, 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 11-513-3 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 16,32 acres of land from the RUT zoning
district in Ada County to the C -C (Community Business) 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
1.6 WHEREAS, the record of the proceedings for the requested preliminary plat
on the Property held before the Planning & Zoning Commission, and
DEVELOPMENT AGREEMENT—HOLY APOSTLES (H-2017-0019) PAGE 1 OF 8
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 16`" day of May, 2017, 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 October
11, 2016, Resolution No. 16-1173, 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 Roman Catholic Diocese of
Boise, whose address is 1501 S. Federal Way, Suite 400, Boise, Idaho 83705,
the party that owns and is developing said Property and shall include any
subsequent owner(s)/developers of the Property.
DEVELOPMENT AGREEMENT -HOLY APOSTLES (H-2017-0019) PAGE 2 OF 8
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 Community Business District (C -C) 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.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
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 I 1-3A-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 11-213-3 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 -
DEVELOPMENT AGREEMENT -HOLY APOSTLES (H-2017-0019 PAGE 3 OF 8
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.
6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6)
months after the date of the Findings for the annexation and zoning or it is null and void.
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. In 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.
DEVELOPMENT AGREEMENT -HOLY APOSTLES (H-2017-0019) PAGE 4 OF 8
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.
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 duly 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 agree 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 agree 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:
DEVELOPMENT AGREEMENT -HOLY APOSTLES (H-2017-0019 PAGE 5 OF 8
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, ID 83642
OWNER/DEVELOPER:
Roman Catholic Diocese of Boise
1501 S. Federal Way, Suite 400
Boise, ID 83705
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
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 have fully performed their 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 expressly provided, each party
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)
DEVELOPMENT AGREEMENT -HOLY APOSTLES (H-2017-0019) PAGE 6 OF 8
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 City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their 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
Cleric.
[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:
Roman Catholic Diocese of Boise
By Lr. bI
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C.3–ay Cues, City C
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City of
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CITY OF MERIDIAN
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May r Takitty de Weerd
DEVELOPMENT AGREEMENT —HOLY APOSTLES (H-2017-0019) PAGE 7 ON 8
STATE OF IDAHO )
ss:
County of Ada, )
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On this day of , 2017, before me, the undersigned, a Notary Public in and
for said State, personally appeared .", , known or identified to me to be
they e c�a.. 92 eC� • of Roman Catholic Diocese of Boise and acknowledged to me that
he executed the same on behalf of said organization.
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) '•••ee�a�u�a••��.
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OF IDO
STATE OF IDAHO )
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County of Ada )
Notary Public for Idaho
Residing at: TtA�
My Commission Expires: It
On this It96�1 day of �( anP , 2017, before me, a Notary Public,
personally appeared Tammy de Weerd and C.Jay Coles, 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.
(SEA,�?�C'O T<9,i,':•t
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Notary Public for Idaho
Residing at:
Commission expires: 3- 92.20I2
DEVELOPMENT AGREEMENT HOLY APOSTLES (H-2017-0019 PAGE 8 OF 8
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
CITY 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
Exhibit B
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
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Q AUGUST
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Attest:
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VOTED
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VOTED
VOTED
VOTED
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Gj Y C -e) Dated: / l 7 )217
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.