Treasure Valley Baptist Church
PARTIES: 1.
2.
RECORP~fa¡9& bPI.,
ADA ß~HIY ßEÇ~RDElfê ¡ "0-(;/ --, J
J. aOfJt~6'XftBRO ru~D£PUTY~
DE'1j,°{p~~Np~ ~?ftEMENT Jtfflj 9 0 9023 I ' "
City of Meridian
Treasure Valley Baptist Church. Inc.. an Idaho
Corporation
THIS DEVELOPMENT AG~~JéMENT (this "Agreement"), is
made and entered into this~ day of {if: , 1999, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and Treasure Valley Baptist Church, Inc., an Idaho
corporation, hereinafter called "DEVELOPER", whose address is 1300 South
Teare, Meridian, Idaho 83642.
1.
RECITALS:
1.1
1.2
1.3
1.4
1.5
WHEREAS, "Developer" is the sole owner, in law and/or
equity, of certain tract of land in the County of Ada, State
of Idaho, described in Exhibit A, which is attached hereto
and by this reference incorporated herein as if set forth in
full, herein after referred to as the "Property"; and
WHEREAS, I.c. §67-6511A, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-zoning that the owner or "Developer" make a written
commitment concerning the use or development of the
subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance 11-2-416Land 11-2-417D,
which authorizes development agreements upon the
annexation and/or re-zoning of land; and
WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property"s described in
Exhibit A, and has requested a designation of (L-O)
Limited Office District for the 3.441 acres and (C-G)
General Retail and Service Commercial District for the
1.102 acres, Municipal Code of the City of Meridian); and
WHEREAS, "Developer" made representations at the
public hearings both before the Meridian Planning &
Zoning Commission and before the Meridian City Council,
DEVELOPMENT AGREEMENT - 1
1.6
1.7
1.8
1.9
as to how the subject "Property" will be developed and
what improvements will be made; and
WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject
"Property" held before the Planning & Zoning
Commission, and subsequently before the City Council,
include responses of government subdivisions providing
services within the City of Meridian planning jurisdiction,
and received further testimony and comment; and
WHEREAS, City Council, the ?I"- day ofJeÞ't:, 1999,
has approved certain Findings of Fact and Conclusions of
Law and Decision and Order, set forth in Exhibit B, which
are attached hereto and by this reference incorporated
herein as if set forth in full, hereinafter referred to as (the
"Findings"); and
WHEREAS, the "Findings" require the "Developer" enter
into a development agreement before the City Council
takes final action on annexation and zoning designation;
and
"DEVELOPER" deems it to be in its best interest to be
able to enter into this Agreement and acknowledges that
this Agreement was entered into voluntarily and at its
urging and requests; and
1.10 WHEREAS, "City" requires the "Developer" to enter into
a development agreement for the purpose of ensuring that
the "Property" is developed and the subsequent use of the
"Property" is in accordance with the terms and conditions
of this development agreement, herein being established as
a result of evidence received by the "City" in the
proceedings for annexation and zoning designation from
government subdivisions providing services within the
planning jurisdiction and from affected property owners
and to ensure annexation and zoning designation is in
accordance with the Comprehensive Plan of the City of
Meridian adopted December 21, 1993, Ordinance #629,
January 4, 1994, and the Zoning and Development
DEVELOPMENT AGREEMENT - 2
Ordinance codified in Title 11, Municipal Code ofthe City
of Meridian.
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
3.2
3.3
"CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
"DEVELOPER": means and refers to Treasure Valley
Baptist Church, Inc., an Idaho Corporation whose address
is 1300 Teare, Meridian, Idaho 83642, the party
developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
"PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1
The uses allowed pursuant to this Agreement are only
those uses allowed under "City"'s Zoning Ordinance
codified at Sections 11-2-408 B (7) and (11) Meridian
City Code which are herein specified as follows:
(LoG) Limited Office District: The purpose of the (L-O)
District is to permit the establishment of groupings of
professional, research, executive, administrative,
accounting, clerical, stenographic, public service and
DEVELOPMENT AGREEMENT - 3
similar uses. Research uses shall not involve heavy testing
operations of any kind or product manufacturing of such a
nature to create noise, vibration or emissions of a nature
offensive to the overall purpose of this district. The L-O
District is designed to act as a buffer between other more
intense non-residential uses and high density residential
uses, and is thus a transitional use. Connection to the
Municipal Water and Sewer System ofthe City of
Meridian is a requirement in this district.
(C-G) General Retail and Service Commercial: The
purpose of the (C-G) District is to provide for commercial
uses which are customarily operated entirely of almost
entirely within a building; to provide for a review of the
impact of proposed commercial uses which are auto and
service oriented and are located in close proximity to major
highway or arterial streets; to fulfill the need of travel-
related services as well as retail sales for the transient and
permanent motoring public. All such districts shall be
connected to the Municipal Water and Sewer systems of
the City of Meridian, and shall not constitute strip
commercial development and encourage clustering of
commercial development.
With the limitation of uses on the land for church parking
and recreational use, and with a portion used as a
contractor roofing business at the location as depicted in
the "Site Plan" prepared by Robert G. Stewart, Architect,
dated 4/28/99 Plan #KD-991O.
4.2
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has
submitted to "City" an application for conditional use permit, and shall be
required to obtain the "City"'s approval thereof, in accordance to the City's
Zoning & Development Ordinance criteria, therein, provided, prior to, and as
a condition of, the commencement of construction of any buildings or
improvements on the "Property" that require a conditional use permit.
DEVELOPMENTAGREEMENT-4
6. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
6.1
"Developer" shall develop the "Property" in accordance
with the following special conditions:
6.1.1 All driveways and parking areas are to be paved in
accordance with City Ordinance. Additional
landscaping will need to be provided to meet one
three-inch caliper tree per 1,500 square feet of
asphalt.
6.1.2 A landscape setback of 35 feet beyond required
right-of-way is encouraged as Overland Road is an
entrance corridor. Landscaping needs to be
provided along the entire frontage of the parcel
except for the driveway location.
6.1.3 A screened trash enclosure is to be provided.
6.1.4 Adjacent residential use needs to be screened from
parldng lot, etc.
6.1.5 All outdoor storage of equipment and material needs
to be screened from view. If storage area is to be
used for parldng of vehicles, paving will be needed.
6.1.6 No signage has been proposed, and none is approved
with this application. All signage will be subject to
design review. No temporary signs, flags, banners,
etc., are permitted.
6.1.7 All building and parldng lot construction shall
comply with the Americans with Disabilities Act.
6.1.8 Detailed landscape plan needs to be submitted for
review and approval that the development be
constructed in accordance with the "Site Plan"
prepared by Robert G. Stewart, Architect, dated
4/28/99 Plan # KD-991O.
6.1.9 Dedicate 48-feet of right-of-way from the centerline
of Overland Road abutting the parcel by means of
DEVELOPMENT AGREEMENT - 5
recordation of a final subdivision plat or execution
of a warranty deed prior to issuance of a building
permit (or other required permits), whichever occurs
first. The owner will be compensated for all right-
of-way dedicated as an addition to existing right-of-
way from available impact fee revenues in this
benefit zone, if the owner submits a letter of
application to the impact fee administrator prior to
brealdng ground, in accordance with Section 15 of
ACHD Ordinance #188.
6.1.lOThere shall be no cross easement for the parcels to
the east and north to use the subject parcel for
access to the public streets.
6.1.1 1 Construct a 5-foot wide detached concrete sidewalk
within 2-feet of the new right-of-way on Overland
Road abutting the side. Coordinate the location,
elevation and grade of the sidewalk with District
staff.
6. 1. 12Construct one 24 to 30-foot wide driveway on
Overland Road located to align with Retriever Street
to the south, approximately 110-feet west of the east
property line. Pave the driveway its full required
width and at least 30-feet beyond the edge of
pavement of Overland Road and install pavement
tapers with IS-foot radii abutting the existing
roadway edge.
6. 1. 13 Locate any proposed gated entry a minimum of 50-
feet from a public road. Coordinate the location of
any proposed gated entry with District staff.
6. 1. 14Utility street cuts in the new pavement are not
allowed unless approved in writing by the District.
6.1.15 District policy requires restrictions on the width,
number and locations of driveways, and shall be
placed on future development of this parcel.
DEVELOPMENTAGREEMENT-6
6.1. I 6 Direct lot or parcel access to Overland Road is
prohibited other than the access point that has been
specifically approved with the application.
6.1.17Curb cut needs to be approved by ACHD.
6.1.18The proposed L-O parcel should grant an easement
for the sewer service line to the proposed CoG
parcel. The CoG parcel should grant a cross-access
easement to the L-O parcel.
6. 1. 19Applicant shall provide a letter of approval from
Sanitary Service Company for the location and
construction of the trash enclosure prior to applying
for building permits.
6.1.20All building and parking lot construction shall
comply with the Americans with Disabilities Act.
7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Developer" or
"Developer"'s heirs, successors, assigns, to comply with Section 6 entitled
"Conditions Governing Development of subject "Property" of this agreement
within two (2) years of the date this Agreement is effective, and after the
"City" has complied with the notice and hearing procedures as outlined in I.c.
§ 67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" consents upon default to the de-annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned
upon the following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to
comply with this Agreement to "Developer" and if the
"Developer" fails to cure such failure within six (6) months
of such notice.
9. INSPECTION: "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
DEVELOPMENT AGREEMENT - 7
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 Development Agreement and all other ordinances of
the "City" that apply to said Development.
10.
DEFAULT:
10.1 In the event "Developer", "Developer"'s heirs, successors,
assigns, or subsequent owners of the "Property" or any
other person acquiring an interest in the "Property", fail to
faithfully comply with all of the terms and conditions
included in this Agreement in connection with the
"Property", this Agreement may be modified or terminated
by the "City" upon compliance with the requirements of
the Zoning Ordinance.
10.2 A waiver by "City" of any default by "Developer" of any
one or more of the covenants or conditions hereof shall
apply solely to the breach and breaches waived and shall
not bar any other rights or remedies of "City" or apply to
any subsequent breach of any such or other covenants and
conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Developer"'s cost, and submit proof of such recording to
"Developer", prior to the third reading of the Meridian Zoning Ordinance in
connection with the annexation and zoning of the "Property" by the City
Council. If for any reason after such recordation, the City Council fails to
adopt the ordinance in connection with the annexation and zoning of the
"Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the duly
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "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 - 8
13.1 In the event of a material breach of this Agreement, the
parties agree that "City" and "Developer" shall have thirty
(30) days after delivery of notice of said breach to correct
the same prior to the non-breaching party's seeking of any
remedy provided for herein; provided, however, that in the
case of any such default which cannot with diligence be
cured within such thirty (30) day period, if the defaulting
party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of
same with diligence and continuity, then the time allowed
to cure such failure may be extended for such period as
may be necessary to complete the curing of the same with
diligence and continuity.
13.2 In the event the performance of any covenant to be
performed hereunder by either "Developer" or "City" is
delayed for causes which are beyond the reasonable control
of the party responsible for such performance, which shall
include, without limitation, acts of civil disobedience,
strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under 11-9-606 C of the Meridian City Code, to
insure that installation of the improvements, which the "Developer" agrees to
provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Developer" agrees
that no Certificates of Occupancy will be issued until all improvements are
completed, unless the "City" and "Developer" have entered into an addendum
agreement stating when the improvements will be completed in a phased
developed; and in any event, no Certificates of Occupancy shall be issued in
any phase in which the improvements have not been installed, completed, and
accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That "Developer"
agrees to abide by all ordinances of the City of Meridian and the "Property"
shall be subject to de-annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the
City of Meridian.
DEVELOPMENT AGREEMENT - 9
17. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY:
DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, II) 83642
Treasure Valley Baptist Church,
an Idaho Corporation
1300 South Teare
Meridian, Idaho 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, II) 83642
Robert 1. Aldridge
1209 N. 8th Street
Boise, Idaho 83702
17.1 A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
the parties and shall survive any default, termination or forfeiture of this
Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto aclmowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
DEVELOPMENT AGREEMENT - 10
prevent sale or alienation ofthe "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Developer", to execute appropriate and recordable evidence of
termination of this Agreement if "City", in its sole and reasonable discretion,
had determined that "Developer" has fully performed its obligations under this
Agreement.
21. INVALID PROVISION: If any provision of this Agreement is
held not valid by a court of competent jurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer"
and "City" relative to the subject matter hereof, and there are no promises,
agreements, conditions or understanding, either oral or written, express or
implied, between "Developer" and "City", other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the parties hereto
unless reduced to writing and signed by them or their successors in interest or
their assigns, and pursuant, with respect to "City", to a duly adopted
ordinance or resolution of "City".
22.1 No condition governing the uses and/or conditions
governing development of the subject "Property" herein
provided for can be modified or amended without the
approval of the City Council after the ""City" has
conducted public hearing(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the Meridian Zoning Ordinance in connection with the annexation and zoning
of the "Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT - 11
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
c--~
TREASURE VALLEY BAPTIST
~~~:o~~tion
C UbMICHELE,
PRESIDENT
ROBERT 1. ALDRIDGE, SECRETARY
BY RESOLUTION NO.
Attest:
di~:A &Aõ (]
CITY CLERI( ~?' {JL-
BY RESOLUTION NO. 21ø
CITY OF MERIDIAN
msgiZ:\Work\M\Meridian 15360MlTreasure Valley Baptist AZlDevelopAgr
DEVELOPMENT AGREEMENT - 12
STATE OF IDAHO
:ss
COUNTY OF ADA
ay of ~c;o ~~a ' in the year 1999, before
me, ~ Notary Public, personally
appeared Richard emichele and Robert 1. Aldridge, known or identified to me
to be the PreSident and Secretary of Treasure Valley Baptist Church, Inc., an
Idaho Corporation, and who executed the instrument and aclmowledge to me that
they executed the same on behalf of said corporation.
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On this
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before me, a Notary Public, personally appeared Robert D. Corrie and William
G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the
City of Meridian, who executed the instrument or the person that executed the
instrument of behalf of said City, and aclmowledged to me that such City
executed the same.
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DEVELOPMENT AGREEMENT - 13
EXHIBIT A
Legal Description Of Property for Limited Office (1-0)
A parcel of land being described as part of Lot 4, Block I, of
the Timothy Subdivision, as shown on the official plat of
record in Book 3 I of Plats at page 1923 in the office of the
Recorder of Ada County in Boise, Idaho, and being situated
in the SE II4 of Section 18, T. 3N., R. IE., Boise Meridian
and being more particularly described as follows:
Commencing at the Southeast corner of said Section 18 from
which the South II4 corner bears South 89°43'11" West,
2,649.02 feet;
thence South 89°43'II" West, 1,336.64 feet along the section
line and center line of Overland Road to a point;
thence North 00°28'51" East, 201.00 feet to the POINT OF
BEGINNING;
thence South 89°43'II" West, 300.24 feet to a point;
thence North 00°26'49" East, 498.80 feet to a point;
thence North 89°40'58" East, 300.54 feet to a point;
thence South 00°28'51" West, 499.00 feet to the POINT OF
BEGINNING.
Said parcel contains 3.44 acres, more or less.
DEVELOPMENT AGREEMENT - 14
EXHIBIT A
Legal Description Of Property for General Retail
and Service Commercial (C-G)
A parcel of land being described as part of Lot 4, Block I, of
the Timothy Subdivision, as shown on the official plat of
record in Book 3 I of Plats at page 1923 in the office of the
Recorder of Ada County in Boise, Idaho, and being situated
in the SE1/4 of Section 18, T.3N., RIE., Boise Meridian and
being more particularly described as follows:
Commencing at the Southeast comer of said Section 18 from
which the South 1/4 comer bears South 89°43'II" West,
2,649.02 feet;
thence South 89°43'1 I" West, 1,336.64 feet along the section
line and center line of Overland Road to the POINT OF
BEGINNING;
thence North 00°28'51" East, 201.00 feet to a point;
thence South 89°43'1 I" West, 300.24 feet to a point;
thence South 00°26'49" West, 201.00 feet to a point;
thence North 89°43'13" East, 300.13 feet to the POINT OF
BEGINNING.
Said parcel contains 1.39 acres, more or less.
DEVELOPMENT AGREEMENT - 15
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT - 16
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
APPLICATION OF TREASURE
VALLEY BAPTIST CHURCH 1
lCD. ROOFING, THE
APPLICATION FOR
ANNEXATION AND ZONING
OF 4.5 ACRES FOR NORTH OF
OVERLAND ROAD, SOUTH OF
1-84 AND EAST OF TEARE
AVENUE, MERIDIAN, IDAHO
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Case No. AZ-99-007
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entitled annexation and zoning application having come on
for public hearings on July 20, 1999 and August 17, 1999, at the hour of 7 :00
o'clock p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and
testified at the July 20, 1999, public hearing, and appearing and testifying at the
August 17, 1999, hearing were Brad Hawkins-Clark, Assistant Planner for the
Planning and Zoning Department, Gary Smith, Public Works Director, Jay Edmunds,
and the Applicant's representative, Robert 1. Aldridge, and no one having testified in
opposition and the City Council having duly considered the evidence and the record
in this matter therefore makes the following Findings of Fact and Conclusions of
Law, and Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONINGI
TREASURE VALLEY BAPTIST CHURCH 1 KD. ROOFING
FINDINGS OF FACT
1.
The notice of public hearing on the application for annexation and
zoning was published for two (2) consecuÜve weeks prior to said public hearing
scheduled for July 20, 1999, before the City Council, the first publication appearing
and written notice having been, mailed to property owners or purchasers of record
within three hundred (300') feet of the external boundaries of the property under
consideration more than fifteen (15) days prior to said hearing and with the notice of
public hearing having been posted upon the property under consideration more than
one week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the July 20, 1999, public
hearing; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having
been given full opportunity to express comments and submit evidence.
2.
There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and §§11-2-416E and 11-2-417 A,
Municipal Code of the City of Meridian.
3.
The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Title 11, Municipal Code of the City of
Meridian, and all current zoning maps thereof, and the Comprehensive Plan of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
TREASURE VALLEY BAPTIST CHURCH / K.D. ROOFING
City of Meridian adopted December 21,1993, Ordinance No. 629, January 4.1994,
and maps and the ordinance Establishing the Impact Area Boundary.
4.
The property which is the subject to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full. The property is approximately 4.5 acres in size. The property is
located at 1300 South Teare, Meridian, Idaho.
5.
The Applicant is Treasure Valley Baptist Church, Inc., an Idaho
Corporation located at 1300 South Teare, Meridian, Idaho 83642, and is the record
owner of the property, and has filed a written request for annexation and zoning.
6.
The property is presently zoned by Ada County as M-I Ada County,
and contains 4.5 acres.
7.
The Applicant requests the property be zoned (C-G) General Retail and
Service Commercial for the 1.102 acres as is more particularly described in Exhibit A-
2 of this document, and (L-O) Limited Office for the 3.441 acres as is more
particularly described in Exhibit A-I of this document, as defined in §§ 11-2-408 B
(11) (7) of the Zoning and Development Ordinance of the City of Meridian.
8.
The Applicant has requested the annexation and this zoning, and the
application was not initiated at the request of the City of Meridian.
9.
The property is located in Timothy Subdivision, Lot 4, Block I,
Meridian, Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING
10.
The present land use of the subject property is vacant, grass covered,
land and limited use for recreational purposes by the church.
11.
The proposed land use of the subject property is for church parldng and
recreational use, and a portion to be used as a contractor roofing business at the
location as depicted in the "Site Plan" prepared by Robert G. Stewart, Architect,
dated 4/28/99 Plan #KD-9910.
12.
The city limits of the City of Meridian are adjacent and abut on the
sides of the subject real property.
13.
The land within the proposed annexation area is contiguous to the
present city limits of the City of Meridian, and the annexation would not be a
shoestring annexation.
14.
The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
15.
The entire parcel of the property is included within the Meridian Urban
Service Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
16.
In order to assure that the affected and subject area will be served
adequately by essential public facilities and services, Staff has received the following
comments from the political subdivisions providing services within the City of
Meridian planning jurisdiction:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING
16.1 Ada County Highway District (ACHD) "Site Specific Requirements" set
forth in that certain report submitted by Larry Sale, Planning and
Development Supervisor, dated June 3, 1999, RE: Staff Level Approval
MCUP99-0 16/AZ-99-007.
16.2 The City of Meridian Planning and Zoning Department and Public
Works comments dated June 17, 1999, as follows:
16.2.1
16.2.2
16.2.3
16.2.4
16.2.5
Curb cut needs to be approved by ACHD.
A development agreement is required as a condition of
zoning designation.
The proposed L-O parcel should grant an easement for the
sewer service line to the proposed CoG parcel. The CoG
parcel should grant a cross-access easement to the L-O
parcel.
Applicant shall provide a letter of approval from Sanitary
Service Company for the location and construction of the
trash enclosure prior to applying for building permits.
All building and parldng lot construction shall comply with
the Americans with Disabilities Act.
17.
It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these findings of fact no. 16, and all
subparts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
18.
It is found that the following are development considerations which
must be taken into account, in order to assure the proposed development is designed,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING
constructed, operated and maintained in a manner which is harmonious and
appropriate in appearance with the existing, or intended character of the general
vicinity, in order to assure that the proposed use will not change the essential
character of the affected vicinity and will insure that the proposed uses will not be
hazardous or disturbing to the existing, or future neighboring uses, particularly
considering the impact of proposed development on potential to produce excessive
traffic, noise, smoke, fumes, glare and odors:
18.1 All driveways and parldng areas are to be paved in accordance with City
Ordinance. Additional landscaping will need to be provided to meet
one three-inch caliper tree per 1,500 square feet of asphalt.
18.2 A development agreement is required as a condition of zoning
designation.
18.3 A landscape setback of 35 feet beyond required right-of-way is
encouraged as Overland Road is an entrance corridor. Landscaping
needs to be provided along the entire frontage of the parcel except for
the driveway location.
18.4 A screened trash enclosure is to be provided.
18.5 Adjacent residential use needs to be screened from parking lot, etc.
18.6 All outdoor storage of equipment and material needs to be screened
from view. If storage area is to be used for parking of vehicles, paving
will be needed.
18.7 No signage has been proposed, and none is approved with this
application. All signage will be subject to design review. No temporary
signs, flags, banners, etc., are permitted.
18.8 All building and parldng lot construction shall comply with the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR Al'\JNEXATION AND ZONING/
TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING
Americans with Disabilities Act.
18.9 Detailed landscape plan needs to be submitted for review and approval
that the development be constructed in accordance with the "Site Plan"
prepared by Robert G. Stewart, Architect, dated 4/28/99 Plan # KD-
9910.
19.
The applicant requested zoning of the subject real property as (L-O)
Limited Office District for the 3.441 acres and (C-G) General Retail and Service
Commercial District for the 1.102 acres will be harmonious and compatible with the
adjacent developments because the requested conditional use is desirable, as the size
of existing church property within the City is becoming inadequate, and additional
room for expansion is needed and industrial uses currently exist. The general
commercial frontage property is consistent, with neighboring commercial properties
and industrial uses currently exist. Traffic on Overland Road is such that this is a
very desirable location for a local business and industrial uses currently exist. The
proposed use for this property is consistent with existing uses in the area and
industrial uses currently exist. From Meridian Road east along the north side of
Overland Road to beyond this property, several commercial and industrial uses
currently exist.
20.
The proposed development will serve existing and growing needs and
will provide services to surrounding institutional, commercial and residential
development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING
21.
That the proposed zoning designation will be harmonious, compatible
and in accordance 'with the Comprehensive Plan. Of particular relevance are the
Economic Development and Land Use sections of the Comprehensive Plan. In the
Economic Development section the forecasted needs are that additional land for
employment related uses is needed. The Generalized Land Use Map of 1993
designates this area for Mixed/Planned Use Development. This requested use fits
very well the definition for Mixed/Planned Uses and the Economic Development
Goal Statement. The Land Use section of the Comprehensive ,Plan contains an
objective to encourage Mixed/Planned Uses along the 1-84 corridor, which are
attractive and compatible with high-volume traffic corridors. The roofing business
along Overland Road meets this objective. The business is to be landscaped and
fenced in appropriate areas to maintain a high-quality visual appearance.
22.
The Applicant paid the fee established by the City Council for the
application herein submitted.
23.
The proposed development and use is allowed in the requested zone
with the following additional requirements: conditional use permit and a
development agreement as a condition of the rezone and is recommended in
accordance with the conditions hereinafter set out.
24.
There are no major or scenic features of major importance that affect
the consideration of this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING
25.
The subject annexation request and zoning designation and proposed
development relates to the goals and policies of the Comprehensive plan of the City
as follows:
25.1 The consideration ofthe provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
25.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply,vith the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
25.3 The expansion of commercial development is facilitated by the granting
of this application subject to the conditions herein set forth.
25.4 The application is consistent with Meridian's self identity.
25.5 The proposed development will be consistent with the goal of supplying
employment and economic self-sufficiency for the existing and future
residents of the City and the reduction of the reliance upon Boise and
the strengthening of the City's ability to finance and implement public
improvements, services and its open space character.
25.6 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
25.7 Compliance with the requests ofthe political subdivisions providing
services, assures that community services are being provided for existing
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
25.8 Compatible and efficient useofland through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
26.
The property can be physically serviced with City water and sewer, if
applicant extends the lines.
27.
Meridian has, and is, experiencing a population increase; that there are
pressures on land previously used for agricultural uses to be developed into
commercial uses and other uses.
CONCLUSIONS OF LAW
1.
The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Municipal Code of the City of Meridian Section 11-
2-417 provides the City may annex real property that is within the Meridian Urban
Service Planning Area as set forth in the City's Comprehensive Plan.
2.
The City Council may take judicial notice of government ordinances,
and policies, and of actual conditions existing within the City and State.
3.
The City of Meridian has exercised its authority and responsibility as
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
TREASURE VALLEY BAPTIST CHURCH! KD. ROOFING
provided by "Local Land Use Planning Act of 1975", codified at Chapter 65, Title
67, Idaho Code by the adoption of the Comprehensive Plan City of Meridian
adopted December 21, 1993, Ord. No. 629, January 4, 1994.
4.
The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.1
See Finding of Fact No. 25, which is incorporated herein by this
reference.
5.
The requested zoning of Limited Office District (I-L) and General Retail
and Service Commercial (C-G) is defined in the Zoning Ordinance at 11-2-408 B 7.
and 11. as follows:
(L-o) Limited Office District: The purpose of the (L-O) District is to
permit the establishment of groupings of professional, research,
executive, administrative, accounting, clerical, stenographic, public
service and similar uses. Research uses shall not involve heavy testing
operations of any kind or product manufacturing of such a nature to
create noise, vibration or emissions of a nature offensive to the overall
purpose of this district. The L-O District is designed to act as a buffer
between other more intense non-residential uses and high density
residential uses, and is thus a transitional use. Connection to the
Municipal Water and Sewer System of the City of Meridian is a
requirement in this district.
(C-G) General Retail and Service Commercial: The purpose of the (C-
G) District is to provide for commercial service uses which are
customarily operated entirely or almost entirely within a building; to
provide for a review of the impact of proposed commercial uses which
are auto and service oriented and are located in close proximity to major
highway or arterial streets; to fulfill the need of travel-related services as
well as retail sales for the transient and permanent motoring public. All
such districts shall be connected to the Municipal Water and Service
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING
systems of the City of Meridian, and shall not constitute strip
commercial development and encourage clustering of commercial
development.
6.
That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B,
Commercial, lists commercial uses allowed in the various zoning districts of the City;
that public parking and quasi-public parldng and retail stores are listed as permitted
as conditional uses in the (L-O) Limited Office District and (C-G) General Retail and
Service CommerCial District.
7.
That the City of Meridian Comprehensive Plan, under LAND USE,
Mixed-Use Area at Eagle Road, in 5.16U, states that all development requests will be
subject to development review and conditional use permit processing to insure
neighborhood compatibility.
8.
By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required fqr Applicant to construct and operate any facilities
on this parcel of land.
9.
Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vsc The
City ofIdaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
10.
The development of the annexed land, if annexed, shall meet and
comply with the Ordinances of the City of Meridian including, but not limited to:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
TREASURE V ALLEY BAPTIST CHURCH / KD. ROOFING
Section 11-9-616 which pertains to development time schedules and requirements;
Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B
14., which pertains to pressurized irrigation systems.
11.
The development of the property shall be subject to and controlled by
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
12.
Section 11-2417 D of the Zoning and Development Ordinance provides
in part as follows:
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall talœ effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1. This application is for annexation and zoning of 4.5 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
2. That the City Attorney shall prepare for consideration by the City
Council the appropriate ordinance for the annexation and zoning designation of the
parcels described in Exhibit A-I and Exhibit A-2 respectively as (L-O) Limited Office
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
TREASURE VALLEY BAPTIST CHURCH / KD: ROOFING
and (C-G) General Retail and Service Commercial which Ordinance shall not be
finally approved by the City Council until provisions of parts 1 and 3 of this order
have been met; and
3. Developer enter into a Development Agreement that provides in the
event the conditions therein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian which provides for the following
conditions of development to-wit:
3.1
The conditions of zoning designation recommended to be
imposed are as follows:
3.1.1 All driveways and parldng areas are to be paved in
accordance with City Ordinance. Additional landscaping
will need to be provided to meet one three-inch caliper tree
per 1,500 square feet of asphalt.
3.1.2 A landscape setbaà: of 35 feet beyond required right-of-
way is encouraged as Overland Road is an entrance
corridor. Landscaping needs to be provided along the
entire frontage of the parcel except for the driveway
location.
3.1.3 A screened trash enclosure is to be provided.
3.1.4 Adjacent residential use needs to be screened from parldng
lot, etc.
3.1.5 All outdoor storage of equipment and material needs to be
screened from view. If storage area is to be used for
parldng of vehicles, paving will be needed.
3.1.6 No signage has been proposed, and none is approved with
this application. All signage will be subject to design
review. No temporary signs, flags, banners, etc., are
permitted.
3.1.7 All building and parking lot construction shall comply 'with
the Americans with Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING
3.1.8 Detailed landscape plan needs to be submitted for review
and approval that the development be constructed in
accordance with the "Site Plan" prepared by Robert G.
Stewart, Architect, dated 4/28/99 Plan # KD-99 10.
3.1.9 Dedicate 48-feet ofright-of-way from the centerline of
Overland Road abutting the parcel by means of recordation
of a final subdivision plat or execution of a warranty deed
prior to issuance of a building permit (or other required
permits), whichever occurs first. The owner will be
compensated for all right-of-way dedicated as an addition
to existing right-of-way from available impact fee revenues
in this benefit zone, if the owner submits a letter of
application to the impact fee administrator prior to
brealdng ground, in accordance with Section 15 of ACHD
Ordinance #188.
3. 1. lOThere shall be no cross easement for the parcels to the east
and north to use the subject parcel for access to the public
streets.
3.1.11 Construct a 5-foot wide detached concrete sidewalk within
2-feet of the new right-of-way on Overland Road abutting
the side. Coordinate the location, elevation and grade of
the sidewalk with District staff.
3. 1. 12Construct one 24 to 30-foot wide driveway on Overland
Road located to align with Retriever Street to the south,
approximately 110-feet west of the east property line.
Pave the driveway its full required width and at least 30-
feet beyond the edge of pavement of Overland Road and
install pavement tapers with IS-foot radii abutting the
existing roadway edge.
3. 1. 13Locate any proposed gated entry a minimum of 50-feet
from a public road. Coordinate the location of any
proposed gated entry with District staff.
3. 1. 14Utility street cuts in the new pavement are not allowed
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING
unless approved in writing by the District.
3 .1. 15District policy requires restrictions on the width, number
and locations of driveways, and shall be placed on future
development of this parcel.
3. 1. 1 6Direct lot or parcel access to Overland Road is prohibited
other than the access point that has been specifically
approved with the application.
3.1.17Curb cut needs to be approved by ACHD.
3 .1.18The proposed L-O parcel should grant an easement for the
sewer service line to the proposed CG parcel. The CoG
parcel should grant a cross-access easement to the L-O
parcel.
3. 1. 19Applicant shall provide a letter of approval from Sanitary
Service Company for the location and construction of the
trash enclosure prior to applying for building permits.
3 .1.20AlI building and parking lot construction shall comply with
the Americans with Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code § 67-6521 an affectedperson is a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who may within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held.
ROLL CALL
COUNCILMAN RON ANDERSON
VOTEDr
COUNCILMAN GLENN BENTLEY
VOTED~
COUNCILMAN KEITH BIRD
VOTED r-
COUNCILMAN CHARLIE ROUNTREE
VOTED~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
VOTED-
DATED:
tJ--?---rc¡
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING
MOTION:
APPRO~~ DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Departm t and City Attorney.
~1--f1
Dated:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNExATION AND ZONING/
TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING
EXHIBIT A-I
Legal Description Of Propertv for Limited Office (L-G)
A parcel of land being described as part of Lot 4, Blocl( 1, of the Timothy
Subdivision, as shown on the official plat of record in Book 31 of Plats at page
1923 in the office of the Recorder of Ada County in Boise, Idaho, and being
situated in the SE 1/4 of Section 18, T. 3N., R. lE., Boise Meridian and being
more particularly described as follows:
Commencing at the Southeast corner of said Section 18 from which the South
1/4 comer bears South 89°43'11" West, 2,649.02 feet;
thence South 89°43' 11" West, 1,336.64 feet along the section line and center
line of Overland Road to a point;
thence North 00°28'51" East, 201.00 feet to the POINT OF BEGINNING;
thence South 89°43'11" West, 300.24 feet to a point;
thence North 00°26'49" East, 498.80 feet to a point;
thence North 89°40'58" East, 300.54 feet to a point;
thence South 00°28'51" West, 499.00 feet to the POINT OF BEGINNING.
Said parcel contains 3.44 acres, more or less.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
TREASURE VALLEY BAPTIST CHURCH I KD. ROOFING
EXHIBIT A - 2
Legal Description Of Property for General Retail
and Service Commercial (C-G)
A parcel of land being described as part of Lot 4, Block 1, of the Timothy
Subdivision, as shown on the official plat of record in Book 31 of Plats at page
1923 in the office of the Recorder of Ada County in Boise, Idaho, and being
situated in the SE1/4 of Section 18, T.3N., R.lE., Boise Meridian and being
more particularly described as follows:
Commencing at the Southeast corner of said Section 18 from which the South
1/4 corner bears South 89°43'11" West, 2,649.02 feet;
thence South 89°43'11" West, 1,336.64 feet along the section line and center
line of Overland Road to the POINT OF BEGINNING;
thence North 00°28'51" East, 201.00 feet to a point;
thence South 89°43'11" West, 300.24 feet to a point;
thence South 00°26'49" West, 201.00 feet to a point;
thence North 89°43'13" East, 300.13 feet to the POINT OF BEGINNING.
Said parcel contains 1.39 acres, more or less.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/
TREASURE VALLEY BAPTIST CHURCH / KD. ROOFING
~~'
RESOLUTION NO 24-&
BY: ,k O'h. ;:::}n du- J V7V
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE
7!i DAY OF SJ¿Þfe"", 6vv ,1999, BY AND BETWEEN THE CITY OF
MERIDIAN AND TREASURE VALLEY BAPTIST CHURCH, INc., AN IDAHO
CORPORATION.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with Treasure Valley Baptist Church, Inc., an Idaho Corporation, Inc.,
denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto
marked as Exhibit "A" to this Resolution, the reasons and authority for which are as
set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with Treasure Valley Baptist Church,
Inc., an Idaho Corporation, Inc., entitled "DEVELOPMENT AGREEMENT" dated
the 7f! day of Se¡;ft.V¡...Þ, 1999, by and between the City of Meridian and
Treasure Valley Baptist Church, Inc., an Idaho Corporation, Inc., a copy of which is
attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its
terms and conditions.
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
TO ENTER INTO A DEVELOPMENT AGREEMENT WITH
Treasure Valley Baptist Church, Inc.. an Idaho COIporation
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 7-1!day
of ~lz,,-,h-e->- ,1999.
APPROVED BY THE MAYOR OF THE CITY OF MERiDIAN, IDAHO, this 77Ã-
day of S.epfe/¡../be-......, 1999.
~~
OR
ATTEST:
¿/~~JJy,r)
CITY CLERI(
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
TO ENTER INTO A DEVELOPMENT AGREEMENT WITH
Treasure Valley Baptist Church, Inc., an Idaho Corporation