Valley Shepherd Church of Nazarene AZ 00-018Ai~A C(JUNTY RECORO~R
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DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
City of Meridian
Valley Shepherd Church of the Nazarene, Inc.,
Owner/Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is
made and entered into this/~ day of ,,~l'~ata~-~ff , 2oa,/, by and
between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
hereafter called "CITY", and VALLEY SHEPHERD CHURCH OF THE
NAZARENE, INC., hereinafter called "OWNER"/DEVELOPER", whose
address is 831 East First Street, Meridian, Idaho 83642.
1. RECITALS:
1.1
WHEREAS, "Owner"/Developer" is the sole owner, in law
and/or equity, of certain tract of land in the County of
Ada, State of Idaho, described in Exhibit A, which is
attached hereto and by this reference incorporated herein
as if set forth in full, herein after referred to as the
"Property"; and
1.2
WHEREAS, I.C. §67-651 lA, Idaho Code, provides that
cities may, by ordinance, require or permit as a condition
of re-zoning that the "Owner" or "Developer" make a
written commitment concerning the use or development of
the subject "Property"; and
1.3
WHEREAS, "City" has exercised its statutory authority by
the enactment of Ordinance 11-15-12 and 11-16-4 A,
which authorizes development agreements upon the
annexation and/or re-zoning of land; and
1.4
WHEREAS, "Owner'Y"Developer' has submitted an
application for axmexation and zoning of the "Property"s
described in Exhibit A, and has requested a designation of
R-8 Medium Density Residential District, (Municipal
Code of the City of Meridian); and
DEVELOPMENT AGREEMENT (AZ-00-018) - 1
1.5
1.6
1.7
1.8
1.9
1.10
WHEREAS, "Owner"/"Developer" made representations
at the public hearings both before the Meridian Planning
& Zoning Commission and before the Meridian City
Council, as to how the subject "Property" will be
developed and what improvements will be made; and
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 comlnent; and
WHEREAS, City Council, the 2~/-° day of (7k~tu~;e-ff)
Zo ev/ , 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
"Owner'7"Developer" enter into a development agreement
before the City Council takes final action on annexation
and zoning designation; and
"OWNER"/"DEVELOPER" deems it to be in its best
interest to be able to enter into this Agreement and
acknowledges that this Agreement was entered into
voluntarily and at its urging and requests; and
WHEREAS, "City" requires the "Owner'Tt'Developer" to
enter into a development agreement for the purpose of
ensuring that the "Property" is developed and the
subsequent use of the "Property" is in accordance with the
terms and conditions of this develOpment agreement,
herein being established as a result of evidence received by
the "City" in the proceedings for annexation and zoning
DEVELOPMENT AGREEMENT (AZ-00-018) - 2
designation from government subdivisions providing
services within the planning jurisdiction and from affected
property owners and to ensure annexation and zoning
designation is in accordance with the Comprehensive Plan
of the City of Meridian adopted December 21, 1993,
Ordinance #629, January 4, 1994, and the Zoning and
Development Ordinances codified in Meridian City Code
Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and
conditions set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals
are contractual and binding and are incorporated herein as if set forth in full.
3. DEFINITIONS: For all purposes of this Agreement the
following words, terms, and phrases herein contained in this section shall be
defined and interpreted as herein provided for, unless the clear context of the
presentation of the same requires otherwise:
3.1
"CITY": means and refers to the City of Meridian, a party
to this Agreement, which is a municipal Corporation and
government subdivision of the state of Idaho, organized
and existing by virtue of law of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, Idaho 83642.
3.2
"OWNER'V"DEVELOPER": means and refers to Valley
Shepherd Church of the Nazarene, Inc., whose address is
831 East First Street, Meridian, Idaho 83642, the party
developing said "Property" and shall include any
subsequent owner(s)/developer(s) of the "Property".
3.3
"PROPERTY": means and refers to that certain parcel(s)
of "Property" located in the County of Ada, City of
Meridian as described in Exhibit "A", attached hereto and
by this reference incorporated herein as if set forth at
length.
DEVELOPMENT AGREEMENT (AZ-00-018) - 3
USES PERMITTED BY THIS AGREEMENT:
4.1
The uses allowed pursuant to this Agreement are only
those uses allowed m~der "City"'s Zoning Ordinance
codified at Meridian City Code Section 1 I-7-2 (D) which
are herein specified as follows:
Construction and development of a church and a multi-purpose
facility.
4.2
No change in the uses specified in this Agreement shall be
allowed without modification of this Agreement.
5. DEVELOPMENT IN CONDITIONAL USE:
"Owner"/"Developer" is required to submit to "City" an application for
conditional use permit, and shall be required to obtain the "City"'s approval
thereof, in accordance to the City's Zoning & Development Ordinance criteria,
therein, provided, prior to, and as a condition of, the commencement of
construction of any buildings or improvements on the "Property".
6. CONDITIONS GOVERNING DEVELOPMENT OF
SUBJECT PROPERTY:
6.A "Owner'7"Developer" shall develop the "Property" in
accordance with the following special conditions:
Adopt the Recommendations of the Planning and Zoning
and Engineering Staff as follows:
6.1
All irrigation ditches, laterals or canals, exclusive of natural
waterways, intersecting, crossing or lying adjacent and
contiguous to the parcel shall be tiled per City Ordinance
12-4-13. Plans shall be approved by the appropriate
irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the
Public Works Department.
DEVELOPMENT AGREEMENT (AZ~00-018) - 4
6.2
6.3
Any existing domestic wells and/or septic systems within
this project shall have to be removed from their domestic
service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape
irrigation.
Outside lighting shall be designed and placed so as not to
direct illumination on any nearby residential areas and in
accordance with City Ordinance Sections 11-13-4.C. and
12-5-2.M.
6.4
6.5
6.6
6.7
6.8
Two-hundred-fifty- and 100-watt, high-pressure sodium
streetlights shall be required at locations designated by the
Public Works Department. All streetlights shall be
installed at subdivider's expense. Typical locations are at
street intersections and/or fire hydrants.
A drainage plan designed by a State of Idaho licensed
architect or engineer is required and shall be submitted to
the City Engineer (Ord. 557, 10-1-91) for all off-street
parking areas. Ail site drainage shall be contained and
disposed of on-site.
Off-street parking shall be provided in accordance with the
City of Meridian Ordinance 11-13 for use of property.
All signage shall be in accordance with the standards set
forth in Section 11-14 of the City of Meridian Zoning and
Development Ordinance. No temporary signage, flags,
banners or flashing signs shall be permitted.
Provide five-foot-wide sidewalks in accordance with City
Ordinance Section 12-5-2.K.
6.9
Ail construction shall conform to the requirements of the
Americans with Disabilities Act.
DEVELOPMENT AGREEMENT (AZ-00-018) - 5
6.10
6.11
6.12
Applicant shall be required to enter into a Development
Agreement with the City as a condition of annexation.
Buffering of adjacent properties shall be reviewed during
the conditional use permit process.
Approximately half of the 35-acre parcel proposed for
annexation is designated to sewer into the Black Cat Trunk
which shall be constructed in the future through Bear
Creek Subdivision to the west. The other half, fronting
Kuna-Meridian Road, is designated to sewer into the 12-
inch sewer that shall be extended from Elk Run
Subdivision. The Bear Creek Subdivision lift station shall
be designed to serve only itself. The lift station shall
discharge into an existing eight-inch gravity sewer line in
Overland Road which shall be at or over capacity at build-
out of Bear Creek Subdivision. The Bear Creek developer
· and his engineer are aware that as additional phases are
developed, flows into the eight-inch receiving sewer shall
be monitored and, if capacity is exceeded, they shall be
required to re-route the pressure.sewer to the Ten Mile
Trunk along the east-bound off ramp of 1-84. As per P/Z
and Council approval of the Bear Creek project, the lift
station is being sized only for Bear Creek Subdivision. No
provisions are being made for any other development to
sewer into it.
Adopt the Recommendations of the Ada County Highway District as follows:
6.13
The applicant shall have a maximum of two driveways on
Meridian Road. The driveways Shall offset or align a
minimum of 600 feet from any existing or proposed
driveways or roadways on Meridian Road.
6.14
The applicant shall be required to pave the driveways their
full width and at least 30 feet into the site beyond the edge
of pavement of Meridian Road (SH-69) and install
DEVELOPMENT AGREEMENT (AZ-00-018) - 6
pavement tapers with 15-foot radii abutting the existing
roadway edge.
6.15
The applicant shall be required to construct a 5-foot-wide
concrete sidewalk on Meridian Road (SHo69) abutting the
developed portion of the site. Coordinate the location of
the sidewalk with lTD staff.
6.16
Comply with requirements of ITD for State Highway 69
(Meridian Road) frontage. Submit to the District a letter
from ITD regarding said requirements prior to District
approval of the final plat or issuance of a building permit
(or other required permits), whichever occurs first.
6.17
When a specific development application for this site is
received, staff shall evaluate the need for a residential
collector roadway along the north property line.
6.18
In accordance with District policy, stub streets to the
undeveloped parcels abutting this site may be required
upon review of a future application for this site.
6.19
As required by District policy, restrictions on the width,
number and locations of driveways, shall be placed on
future development of.this parcel.
Additionally, at the City Council meeting held December 19,
2000, the below conditions are required:
6.20
Pursuant to the terms of this Development Agreement
between the Applicant and the City before the annexation
ordinance will be adopted, the Applicant, or its successors
and assigns, covenant that the uses for the parcel will be
restricted to the following: worship center, common
area/fellowship area, gymnasium, classrooms for religious
instruction, prayer chapel, recreation areas, bus
garage/shop, recreational vehicle center, school, daycare,
and senior center. This delineation of allowed uses does
DEVELOPMENT AGREEMENT (AZ-00-018) - 7
not supercede any city ordinances or state statutes
pertaining to application procedures, punic hearings, etc.
which may be required before any such facilities could be
built, including but not limited to the City of Meridian's
conditional use permit process. The Applicant must agree
that any uses the Applicant intends to put on this parcel
can only be done through a planned unit development or a
conditional use permit. Only a portion of the property is
serviceable by sewer from the Meridian Trunk Line. The
westerly portion can not be developed until the Black Cat
Trunk Sewer is extended to serve the property.
7. COMPLIANCE PERIOD/CONSENT TO REZONE: This
Agreement and the commitments contained herein shall be terminated, and
the zoning designation reversed, upon a default of the "Owner'7"Developer" or
"Owner"/"Developer"'s heirs, successors, assigns, to comply with Section 6
entitled "Conditions Governing Development of subject "Property" of this
agreement within two years of the date this Agreement is effective, and after
the "City" has complied with the notice and hearing procedures as outlined in
I.C. § 67-6509, or any subsequent amendments or recodifications thereof.
8. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner"/"Developer" consents upon default to the de-annexation
and/or a reversal of the zoning designation of the "Property" subject to and
conditioned upon the following conditions precedent to-wit:
8.1
That the "City" provide written notice of any failure to
comply with this Agreement to "Owner'7"Developer" and
if the "Owner'7"Developer" fails to cure such failure within
six (6) months of such notice.
9. INSPECTION: "Owner"/"Developer" shall, immediately upon
completion of any portion or the entirety of said development of the
"Property" as required by this agreement or by City ordinance or policy, notify
the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance
DEVELOPMENT AGREEMENT (AZ-00-018) - 8
with the terms and conditions of this Development Agreement and all other
ordinances of the "City" that apply to said Development.
10. DEFAULT:
10.1
In the event "Owner"/"Developer", "Owner'7"Developer"'s
heirs, successors, assigns, or subsequent owners of the
"Property" or any other person acquiring an interest in the
"Property", fail to faithfully comply with all of the terms
and conditions included in this Agreement in connection
with the "Property", this Agreement may be modified or
terminated by the "City" upon compliance with the
requirements of the Zoning Ordinance.
10.2
A waiver by "City" of any default by "Owner"/"Developer"
of any one or more of the covenants or conditions hereof
shall apply solely to the breach and breaches waived and
shall not bar any other rights or remedies of "City" or
apply to any subsequent breach of any such or other
covenants and conditions.
11. REQUIREMENT FOR RECORDATION: "City" shall record
either a memorandum of this Agreement or this Agreement, including all of the
Exhibits, at "Owner"/"Developer"'s cost, and submit proof of such recording to
"Owner"/"Developer", prior to the third reading of the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" by
the City Council. If for any reason after such recordation, the City Council
fails to adopt the ordinance in connection with the annexation and zoning of
the "Property" contemplated hereby, the "City" shall execute and record an
appropriate instrument of release of this Agreement.
12. ZONING: "City" shall, following recordation of the dtdy
approved Agreement, enact a valid and binding ordinance zoning the
"Property" as specified herein.
13. REMEDIES: This Agreement shall be enforceable in any court
of competent jurisdiction by either "City" or "Owner"/"Developer", or by any
successor or successors in title or by the assigns of the parties hereto.
DEVELOPMENT AGREEMENT (AZ-00-018) - 9
Enforcement may be sought by an appropriate action at law or in equity to
secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
13.1
In the event of a material breach of this Agreement, the
parties agree that "City" and "Owner'7"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 defauk which cannot
with diligence be cured within such thirty (30) day period,
if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall
prosecute the curing of same with diligence and continuity,
then the time allowed to cure such failure may be extended
for such period as may be necessary to complete the curing
of the same with diligence and continuity.
13.2
In the event the performance of any covenant to be
performed hereunder by either "Owner"/"Developer" or
"City" is delayed for causes which are beyond the
reasonable control of the party responsible for such
performance, which shall include, without limitation, acts
of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time
of such delay.
14. SURETY OF PERFORMANCE: The "City" may also require
surety bonds, irrevocable letters of credit, cash deposits, certified check or
negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that
installation of the improvements, which the "Owner"/"Developer" agrees to
provide, if required by the "City".
15. CERTIFICATE OF OCCUPANCY: The "Owner"/"Developer"
agrees that no Certificates of Occupancy will be issued until all improvements
are completed, unless the "City" and "Owner"/"Developer" have entered into
an addendum agreement staring when the improvements will be completed in
a phased developed; and in any event, no Certificates of Occupancy shall be
DEVELOPMENT AGREEMENT (AZ-00-018) - 10
issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
16. ABIDE BY ALL CITY ORDINANCES: That
"Owner'7"Developer" agrees to abide by all ordinances of the City of Meridian
and the "Property" shall be subject to de-annexation if the owner or his
assigns, heirs, or successors shall not meet the conditions contained in the
Findings of Fact and Conclusions of Law, this Development Agreement, and
the Ordinances of the City of Meridian.
17. NOTICES: Any notice desired by the parties and/or required by
this Agreement shall be deemed delivered if and when personally delivered or
three (3) days after deposit in the United States Mail, registered or certified
mail, postage prepaid, return receipt requested, addressed as follows:
CITY: DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Valley Shepherd Church Of the
Nazarene
831 East First Street
Meridian, Idaho 83642
17.1
A party shall have the right to change its address by
delivering to the other party a written notification thereof
in accordance with the requirements of this section.
18. ATTORNEY FEES: Should any litigation be commenced
between the parties hereto concerning this Agreement, the prevailing party
shall be entitled, in addition to any other relief as may be granted, to court
costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between
DEVELOPMENT AGREEMENT (AZ-00-018) - ! 1
the parties and shall survive any default, termination or forfeiture of this
Agreement.
19. TIME IS OF THE ESSENCE: The parties hereto adcnowledge
and agree that time is strictly of the essence with respect to each and every
term, condition and provision hereof, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of and a default
under this Agreement by the other party so failing to perform.
20. BINDING UPON SUCCESSORS: This Agreement shall be
binding upon and inure to the benefit of the parties' respective heirs,
successors, assigns and personal representatives, including "City"'s corporate
authorities and their successors in office. This Agreement shall be binding on
the owner of the "Property", each subsequent owner and any other person
acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefitted and bound by the
conditions and restrictions herein expressed. "City" agrees, upon written
request of "Owner'7"Developer", to execute appropriate and recordable
evidence of termination of this Agreement if "City", in its sole and reasonable
discretion, had determined that "Owner'7"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 iurisdiction, such provision shall be
deemed to be excised from this Agreement and the invalidity thereof shall not
affect any of the other provisions contained herein.
22. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between
"Owner'7"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'7"Developer" and "City", other
than as are stated herein. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Agreement shall be binding
upon the parties hereto unless reduced to writing and signed by them or their
DEVELOPMENT AGREEMENT (AZ-00-018) - 12
successors ~n 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 heating(s) in accordance with the notice
provisions provided for a zoning designation and/or
amendment in force at the time of the proposed
amendment.
23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to
the Meridian Zoning Ordinance in connection with the annexation and zoning
of the "Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ-00-018) - 13
ACICNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
VALLEY SHEPHERD CHURCH OF THE
NAZARENE
Attest:
BY:
BY RESOLUTION NO.
CITY OF MERIDIAN
I~_JJRROBERT D. CORRIE
Attest: .~%%u.n.m.~.u_,~.
CITY CLERK ~' / ~. ~.~~
DEVELOPMENT AGREEMENT (AZ-00-018) - 14
STATE OF IDAHO)
COUNTY OF ADA)
:SS
On this Iq- day of o -a uar , in the year Z001,
before me, ~gib~/ ~. {J~aa3,r}2.a-.a Notary Public, personally appeared
~5~tv(~ b. [-.0t , lmow~t or identified to me to be the person who executed
the instrument and aclmowledge to me having executed the same.
(SEAL)
Notary Pkb_lid,4o..Ott aho
Commission expires:
STATE OF IDAHO )
:SS
County of Ada ~
On this
day of
, in the year ~3D{ ,
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 b.e~_~,said City, and acknowledged to me that such City
executed the ~---~ _O *
(SEAL)
Commission'6xpires:
Z:\Wor kXlMXMeridian~Mefi dian 15360NKNazareneChttrchAZ018~DevelopAgt.wpd
DEVELOPMENT AGREEMENT (AZ-00-018) - 15
EXHIBIT A
Legal Description Of Property
A tract of land located in the Northeast one-quarter of the
Southeast one-quarter of Section 24, Township 3 North, Range 1
West, Boise-Meridian, Ada County, Idaho, more particularly
described as follows:
Commencing at the Northeast comer of the Southeast one-
quarter of said Section 24, thence along the easterly line of said
Southeast one-quarter South 00°-37'-3 I" West a distance of
188.40 feet to a steel pin located at the Southeast corner of that
property conveyed to William O. Aaron and Jean L. Aaron,
husband and wife, in that warranty deed recorded July 19, 1985
as Instrument No. 8537566, Records of Ada County, Idaho, said
point being the POINT OF BEGINNING.
Thence along the southerly line of said Aaron tract, North 87%08'
· West a distance of 94.40 feet to a steel pin;
Thence continuing along the southerly line of said Aaron tract,
North 890-58'-30'' West a distance of 1231.55 feet, more or less,
to the Southeast comer thereof, said point being on the westerly
line of the Northeast one-quarter of the Southeast one-quarter of
said Section 24;
Thence along said westerly line South 00°-29'-01'' West a distance
of 1142.52 feet, more or less, to the Southwest corner of the
Northeast one-quarter of the Southeast one-quarter of said
Section 24;
Thence along the southerly line of the Northeast one-quarter of
the Southeast one-quarter of said Section 24, South 890-55'- 18"
East a distance of 1323.03 feet, more or less, to the Southeast
comer of the Northeast one-quarter of the Southeast one-quarter
of said Section 24;
Thence along the easterly line of the Northeast one-quarter of the
Southeast one-quarter of said Section 24, North 00°-37'-31" East a
distance of 1142.10 feet, more or less, to the POINT OF
BEGINNING.
The above described tract of land contains 34.84 acres, more or
less, subiect to all rights-of-way and easements.
DEVELOPMENT AGREEMENT (AZ-00-018) - 16
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ-00-018) - 17
BEFORE THE MERIDIAN CITY COUNCIL
C/C 12-19-00
IN THE MATTER OF THE )
APPLICATION OF VALLEY )
SHEPHERD NAZARENE )
CHURCH, THE APPLICATION )
FOR ANNEXATION AND )
ZONING OF 34.84 ACRES FOR )
A CHURCH AND VACANT )
LAND, LOCATED ON THE )
WEST SIDE OF MERIDIAN )
ROAD BETWEEN OVERLAND )
ROAD AND VICTORY ROAD, )
MERIDIAN, IDAHO )
)
Case No. AZ-00-018
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING APPLICATION
FOR ANNEXATION AND
ZONING
The above entided annexation and zoning application having come on for
public hearing On December 19, 2000, at the hour of 7:30 p.m., and Shari Stiles,
Planning and Zoning Administrator, and Gary Smith, Public Works Department,
appeared and testified, and appearing on behalf of the Applicant was Scott Field, and
appearing and testifying were lim Jewett and Dean Oberst, and no one appeared in
opposition, and the City Council having duly considered the evidence and the record
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD
NAZARENE CHURCH / (AZ-00-018)
Page 1
in this matter therefore makes the following Findings of Fact and Conclusions of
Law, and Decision and Order:
FINDINGS OF FACT
The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for December 19, 2000, before the City Council, the first publication
appearing and written notice having been mailed to property owners or purchasers Of
record within three hundred feet (300') of the external boundaries of the property
under consideration more than fifteen (! 5) 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 heating; and that copies of all notices were made
available to newspaper, radio and television stations as public service announcements;
and the matter having been duly considered by the City Council at the December 19,
2000, public hearing; and the applicant, affected property owners, and government
subdivisions prbviding services within the planning jurisdiction of the City of
Meridian, having been given full opportunity to express comments and submit
evidence.
2.
There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5
and 11-16-I.
FINDINGS oF FACT AND CONCLUSIONS OF LAW-
AND DECISIQN AND ORDER GRANTING APPLICATION
FOK ANNEXATION AND ZONING/BY VALLEY SHEPHERD
NAZARENE CHURCH / (AZ-O0-O 18)
Page 2
3. The City Council takes judicial notice of its zoning, subdivisions and
development ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance establishing the Impact Area Boundary.
4. The property which is the subject of the application for annexation and
zoning is desCribed in the application, and by this reference is incorporated herein as
if set forth in full.
5. The property is approximately 34.84 acres in size and is located on the
~vest side of Meridian Road between Overland Road and Victory Road.
6. The owner of record of the subject property is the Valley Shepherd
Church of the Nazarene, Inc., of Meridian, Idafi0.
7. Applicant is owner of record.
8. The property is presently zoned by Ada County as RT, and consists of
vacant land.
9. The Applicant requests the property be zoned as R-8.
10. The subject property is bordered to the north by a vacant parcel in Ada
County and byElk Run & Bear Creek Subdivisions zoned R-4, to the South by a
vacant parcel in'Ada County, by the approved Bear Creek Subdivision zoned R-4 to
the west and RT zoning in Ada County to the east.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD
NAZARENE CHURCH/(AZ-00-018)
1 i. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
12. The entire parcel of the property is included within the Meridian Urban
Service Planning Area as defined in the Meridian Comprehensive Plan.
13. The Applicant proposes to develop the subject property in the following
manner: as a church and multi-purpose facility.
14. The Applicant requests zoning of the subject real property as R-8 which
is consistent with the Meridian Comprehensive Plan Generalized Land Use Map
which designat? the subject property as residential.
15. There are no significant or scenic features of major importance that
affect the consideration of this application.
16. Giving due consideration to the comment received from the
governmental subdivisions PrOviding services in the City of Meridian planning
jurisdiction, pt/blic facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed:
Adopt the Recommendations of the Planning and Zoning and Engineering Staff as
follows:
16.1
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD
NAZARENE CHURCH (AZ-00-018)
Page 4
16.2
16.3
16.4
16.5
written confirmation of said approval submitted to the Public Works
Department
Afiy existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Sections 11-13-4.C. and 12-5-2.M.
Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department.
All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants.
A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. Ail site drainage shall
be contained and disposed of on-site.
16.6 Off-street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
16.7 All signage shall be in accordance with the standards set forth in Section
11-14 of the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs shall be permitted.
16.8
Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.IC
16.9 Ail construction shall conform to the requirements of the Americans
with Disabilities Act.
16.10 Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
16.11 Buffering of adjacent properties shall be reviewed during the conditional
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD
NAZARENE CHURCH/(AZ-00-018)
Page 5
use permit process.
16.12 Approximately half of the 35-acre parcel proposed for annexation is
designated to sewer into the Black Cat Trunk which sba11 be constructed
in the future through Bear Creek Subdivision to the west. The other
half, fronting Ktma-Meridian Road, is designated to sewer into the 12-
inch sewer that shall be extended from Elk Run Subdivision. The Bear
Creek Subdivision lift station shall be designed to serve only itself. The
lift station shall discharge into an existing eight-inch gravity sewer line
in Overland Road which shall be at or over capacity at build-out of Bear
Creek Subdivision. The Bear Creek developer and his engineer are
aware that as additional phases are developed, flows into the eight-inch
receiving sewer shall be monitored and, if capacity is exceeded, they
shall be required to re-route the pressure sewer to the Ten Mile Trunk
along the east-bound off ramp of 1-84. As per P/Z and Council approval
of the Bear Creek project, the lift station is being sized ordy for Bear
Creek Subdivision. No provisions are being made for any other
development to sewer into it.
Adopt the Recommendations of the Ada County Highway District as foIlows:
16.13
The applicant shall have a maximum of two driveways on Meridian
Road. The driveways shall offset or align a minimum of 600 feet from
any existing or proposed driveways or roadways on Meridian Road.
16.14
The applicant shall be required to pave the driveways their full width
and at least 30 feet into the site beyond the edge of pavement of
Meridian Road (SH-69) and install pavement tapers with 15-foot radii
abutting the existing roadway edge.
16.15
16.16
The applicant shall be required to construct a 5-foot-wide concrete
sidewalk on Meridian Road (SH-69) abutting the developed portion of
the site. Coordinate the location of the sidewalk with lTD staff.
Comply with requirements of ITD for State Highway 69 (Meridian
Road) frontage. Submit to the District a letter from ITD regarding said
requirements prior to District approval of the final plat or issuance of a
building permit (or other required permits), whichever occurs first.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD
NAZARENE CHURCH/(AZ-00-018)
Page 6
16.17
When a specific development application for this site is received, staff
shall evaluate the need for a residential collector roadway along the
north property line.
16.18
In accordance with District policy, stub streets to the undeveloped
parcels abutting this site may be required upon review of a future
application for this site.
16.19
As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
Additionally, at the City Council meeting held December 19, 2000, the below
conditions are required:
16.20 Pursuant to the terms of the Development Agreement which must be
entered into between the Applicant and the City before the annexation
ordinance will be adopted, the Applicant, or its successors and assigns,
must covenant that the uses for the parcel will be restricted to the
following: worship center, common area/fellowship area, gymnasium,
classrooms for religious instruction, prayer chapel, recreation areas, bus
garage/shop, recreational vehicle center, school, daycare, and senior
center. This delineation of allowed uses does not supercede any city
ordinances or state statutes pertaining to application procedures, public
hearings, etc. which may be required before any such facilities could be
built, including but not limited to the City of Mefidian's conditional
use permit process. The Applicant must agree that any uses the
Applicant intends to put on this parcel can only be done through a
planned unit development or a conditional use permit. Only a portion
of the property is serviceable by sewer from the Meridian Trunk Line.
The westerly portion can not be developed until the Black Cat Trunlc
Sewer is extended to serve the property.
17. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 16, and all
sub-parts, the economic welfare of the City and its residents and tax and rate payers
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD
NAZARENE CHURCH/(AZ-00-018)
Page 7
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
18. It is also fotmd that the development considerations as referenced in
Finding No. 16 are reasonable to require and must be taken into account, in order to
assure the proposed development is designed, constructed, operated and maintained
in a manner which is harmonious and appropriate in appearance with the existing, or
intended character of the general vicinity, in order to assure that the proposed use
will not change the essential character of the affected vicinity and will insure that the
proposed uses will not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
19. It~is found that the zoning of the subiect real property as Medium
Density Residential District (R-8) requires connection to the Municipal Water and
Sewer systems and will be compatible with the Applicant's development intentions,
and will assure that the zoning is consistent with the Meridian comprehensive Plan
Generalized Land Use Map which designates the subiect property as residential.
20. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
20. i The consideration of the provisions of the Comprehensive Plan and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD
NAZARENE CHURCH/(AZ-00-018)
20.2
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
rekidents is achieved by applying the criteria of the Comprehensive Plan
and the zoning ordinance of the City to all applications such as the
subject application.
This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
20.3 Theapphcatlon' ' is' consistent' with' Meridian' ' 's self identity.
20.4
The preservation and improvement of the character and quality of
Mcridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive Plan and the zoning ordinance of the City to the subject
application.
20.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
20.6 Compatible and efficient use of land through innovative and functional
site design is achieved by applying the criteria of the Comprehensive
plan and the zoning ordinance of the City to the subject application.
2 I. The property can be physically serviced with City water and sewer, if
applicant extends the lines. This does not imply that the project can be served by
temporary means through the Bear Creek Subdivision. Sanitary sewer services shall
comply with the apProved City of Meridian Sanitary Sewer Facility Plan.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD
NAZARENE CHURCH/(AZ-00-018)
Page 9
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may
annex real property that is within the Meridian Urban Service Planning Area as set
forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of 'Comprehensive Plan, City of Meridian, adopted
December 21, 1993, Ord. No. 629, January 4, 1994.'
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4,A The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
4.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area-specific policies and
programs.
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATIONAND ZONING/BY VALLEY SHEPHERD
NAZARENE CHURCH / (AZ-00-018)
Page I0
4.2
To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
4.3
4.4
4.5
4.6
4.7
To encourage the kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
To provide housing opportunities for all economic groups
~vithin the community.
To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient conm~unity.
To encourage cultural, educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City:
To provide community services to fit existing and projected
needs.
4.8
To establish compatible and efficient use of land through
the use of innovative and functional site design.
4.9
To encourage a balance of land use patterns to insure that
revenues pay for services.
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiendy managed and dearly identifiable.
The zoning of Medium Density Residential District (R-8) is defined in
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD
NAZARENE CHURCH/(AZ-00-018)
Page 11
the
Zoning Ordinance at § 11-7-2 D as follows:
(R-8) Medium Density Residential District: The purpose of the R-8 '
District is to permit the establishment of single- and two-family dwellings at a
density not exceeding eight (8) dwelling units per acre. This District delineates
those areas where such development has or is likely to occur in accord with the
Comprehensive Plan of the City and is also designed to permit the conversion
of large homes into two-family dwellings in well-established neighborhoods of
comparable land use. Connection to the Municipal water and sewer systems of
the City is required.
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is required for Applicant to construct and develop a church and
multi-purpose facility.
7. Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burr vs. The
City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8. The development of the annexed land, if annexed, shall meet and comply
with the Ordinances of the City of Meridian including, but not limited to: Section 12-
2-4 which pertains to development time schedules and requirements; Section 12-4-13,
which pertains to the piping of ditches; and Section 12-5-2 N, which pertains to
pressurized irrigation systems.
9. The development of the property shall be Subject to and controlled by
the Zoning and Subdivision and Development Ordinances of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD
NAZARENE CHURCH/(AZ-00-018)
Page 12
10. S~ction 11-16-4 A of the Zoning and Development Ordinance provides
in part as folloWs:
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer malce a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel. Unless the commitment is modified or terminated by the City Council,
the commitment shall be binding on the owner of the parcel, each subsequent
owner, and each other person acquiring an interest in the property. A
commitment is binding on the owner of the property even if it is unrecorded;
howeverl an unrecorded commitment is binding on subsequent owners and
each other person acquiring an interest in the property only if the subsequent
owner and each other person acquiring an interest in the property has actual
notice of the commitment.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1. The applicant's request for annexation and zoning of approximately
34.84 acres to Medium Density Residential District (R-8) is granted subject to the
terms and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 34.84 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD
NAZARENE CHURCH/(AZ-00-018)
Page 13
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3. Developer enter into a Development Agreement that provides in the
event the conditions therein are not met by the Developer that the property shall be
subject to de-annexation, with the City of Meridian, which provides for the following
conditions of development, to-wit:
Adopt the Recommendations of the Planning and Zoning and Engineering Staff
as follows:
3.1
3.2
3.3
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department.
Any existing domestic wells and/or septic systems within this project
shall have to be removed from their domestic service per City Ordinance
Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes
such as landscape irrigation.
Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with City
Ordinance Sections 11-13-4.C. and 12-5-2.M.
3.4
3.5
Two-hundred-fifty- and lO0-~vatt, high-pressure sodium streetlights shall
be required at locations designated by the Public Works Department. Ail
streetlights shall be installed at subdivider's expense. Typical locations
are at street intersections and/or fire hydrams.
A: drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer
(Ord. 557, 10-1-91) for all off-street parking areas. Ail site drainage shall
FINDINGS OF FACT AND CONCLUSIONS OF LAW-
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD
NAZARENE CHURCH/(AZ-O0-018)
Page 14
3¸.6
3.7
3.8
be contained and disposed of on-site.
Off-street parking shall be provided in accordance with the City of
Meridian Ordinance 11-13 for use of property.
Ail signage shall be in accordance with the standards set forth in Section
11-14 of the City of Meridian Zoning and Development Ordinance. No
temporary signage, flags, banners or flashing signs shall be permitted.
Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 12-5-2.IC
3.9 All construction shall conform to the requirements of the Americans
with Disabilities Act.
3.10
3.11
3.12
Applicant shall be required to enter into a Development Agreement with
the City as a condition of annexation.
Buffering of adjacent properties shall be reviewed during the conditional
use permit process.
Approximately half of the 35-acre parcel proposed for annexation is
designated to sewer into the Black Cat Trunk which shall be constructed
in the future through Bear Creek Subdivision to the west. The other
half, fronting Kurta-Meridian Road, is designated to sewer into the 12-
inch sewer that shall be extended from Elk Run Subdivision. The Bear
Cieek Subdivision lift station shall be designed to serve only itself. The
lift station shall discharge into an existing eight-inch gravity sewer line in
Overland Road which shall be at or over capacity at build-out of Bear
Creek Subdivision. The Bear Creek developer and his engineer are aware
that as additional phases are developed, flows into the eight-inch
receiving sewer shall be monitored and, if capacity is exceeded, they shall
be required to re-route the pressure sewer to the Ten Mile Trunk along
the east-bound off ramp of 1-84. As per P/Z and Council approval of the
Bear Creek project, the lift station is being sized only for Bear Creek
Subdivision. No provisions are being made for any other development
to sewer into it.
Adopt the Recommendations of the Ada County Highway District as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD
NAZARENE CHURCH/(AZ-00-018)
Page 15
3.13
3.14
3.15
The applicant shall have a maximum of two driveways on Meridian
Road. The driveways shall offset or align a minimum of 600 feet from
any existing or proposed driveways or roadways on Meridian Road.
The applicant shall be required to pave the driveways their full width
and at least 30 feet into the site beyond the edge of pavement of
Meridian Road (SH-69) and install pavement tapers with 15-foot radii
abutting the existing roadway edge.
The applicant shall be required to construct a 5-foot-wide concrete
sidewalk on Meridian Road (SH-69) abutting the developed portion of
the site. Coordinate the location of the sidewalk with lTD staff.
3.16
Comply with requirements of lTD for State Highway 69 (Meridian
Road) frontage. Submit to the District a letter from ITD regarding said
requirements prior to District approval of the final plat or issuance of a
building permit (or other required permits), whichever occurs first.
3.17
When a specific development application for this site is received, staff
shall evaluate the need for a residential collector roadway along the
north property line.
3.18
In accordance with District policy, stub streets to the undeveloped
parcels abutting this site may be required upon review of a future
application for this site.
3.19
As required by District policy, restrictions on the width, number and
locations of driveways, shall be placed on future development of this
parcel.
Additionally, at the City Council meeting held December 19, 2000, the below
conditions are required:
3.20
Pursuant to the terms of the Development Agreement which must be
entered into between the Applicant and the City before the annexation
ordinance will be adopted, the Applicant, or its successors and assigns,
must covenant that the uses for the parcel will be restricted to the
following: worship center, common area/fellowship area, gymnasium,
classrooms for religious instruction, prayer chapel, recreation areas, bus
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD
NAZARENE CHURCH/(AZ-00-018)
Page 16
garage/shop, recreational vehicle center, school, daycare, and senior
center. This delineation of allowed uses does not supercede any city
ordinances or state statutes pertaining to application procedures, public
hearings, etc. which may be required before any such facilities could be
built, including but not limited to the City of Meridian's conditional use
permit process. The Applicant must agree that any uses the Applicant
intends to put on this parcel can only be done through a planned unit
development or a conditional use permit. Only a portion of the property
is serviceable by sewer from the Meridian Trunk Line. The westerly
portion can not be developed until the Black Cat Trunk Sewer is
extended to serve the property.
4. The City Attorney shall prepare for consideration by the City Council
the appropriatg ordinance for the annexation and zoning designation of the real
property which is the subject of the application to (R-8) Medium Density Residential
District, and Meridian City Code § 11-7-2 D.
5. Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the offidal boundaries and zoning maps as provided
in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation
and zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridian. Pursuant to Idaho Code § 67-6521 an affected person is a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who may within twenty-eight (28) days after
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD
NAZARENE CHURCH/(AZ-00-018)
Page 17
the date of this decision and order seek a judicial review as provided by Chapter 52,
Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
ROLL CALL .~
COUNCILMAN RON ANDERSON
day
VOTED
COUNCILMAN KEITH BIRD
VOTED
COUNCILWOMAN TAMMY deWEERD
VOTED
COUNCILWOMAN CHERIE McCANDLESS
VOTED_~a~
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: /-"',~
VOTED
MOTION: ~
APPROVED: DISAPPROVED:
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attomey.
'"C'it~r Clerk ~ ' ~/~'
Dated:
msg/Z :\Work.bM eft dian~vlefidian 15360MLNazareneChurclukZ018L~ZFfClsOrder.wpd
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD
NAZARENE CHURCH/(AZ-00-018)