Kings Congregation Church H-2023-0013ADA COUNTY RECORDER Trent Tripple 2023-037611
BOISE IDAHO Pgs=16 BONNIE OBERBILLIG 06/30/2023 08:08 AM
MERIDIAN CITY NO FEE
IIIIIIIIIIII III IIIIIIIIII II II III III111111111 II III
01266630202300376110160160
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. King's Congregation Church, Owner/Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 27th day of
June , 2023, ("ADDENDUM"), by and between City of Meridian, a municipal
corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian,
Idaho 83642 and King's Congregation Church ("OWNER/DEVELOPER"), whose address is 1150
E. Pienza St., Meridian, ID 83642.
RECITALS
A. OWNER/DEVELOPER submitted an application for a Modification to the
existing Development Agreement recorded on July 29, 2009 as Instrument #109088809 in Ada County
Records for the purpose of updating the conceptual development plan and building elevations for the
site. The Meridian City Council approved said application with Findings of Fact and Conclusions of
Law as in the attached Exhibit "A."
B. CITY and OWNER/DEVELOPER now desire to amend said Development
Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho
Code Section 67-6511.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded
on July 29, 2009 as Instrument #109088809, except as specifically amended as follows:
That the conceptual development plan and building elevations for the site shall be
amended as depicted in Section VI.B of the Staff Report included in the Findings of Fact and
Conclusions of Law as attached hereto as Exhibit "A."
That Section 5.1.6 of the Development Agreement recorded on July 29, 2009 as
Instrument #109088809 in Ada County Records shall be amended to read, "Direct access to
Victory Road is prohibited. Access to this site shall be provided from E. Pienza Street and S.
Mesa Way. All other access points tofrom the site are prohibited unless approved by ACHD
and the City of Meridian. "
2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property
shall be subject to de -annexation if the Owner/Developer, or their assigns, heirs, or successor shall not
meet the conditions of this Addendum, and the Ordinances of the City of Meridian as herein provided.
3. This Addendum 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
MODIFICATION TO DEVELOPMENT AGREEMENT — KING'S CONGREGATION CHURCH H-2023-0013 Pagel of 3
successors in office. This Addendum shall be binding on the Owner/Developer of the Property, each
subsequent owner and any other person(s) 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 hereon and any successor owner or owners shall be both
benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written
request of Owner/Developer, to execute appropriate and recordable evidence of termination of this
Addendum if City, in its sole and reasonable discretion,had determined that Owner/Developer have
fully performed its obligations under this Addendum.
4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such
provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect
any of the other provisions contained herein.
5. This Addendum sets forth all promises, inducements, agreements, condition, and
understandings between Owner/Developer and City relative to the subject matter herein, and there are
no promises, agreements, conditions or under-standing, either oral or written, express or implied,
between Owner/Developer and City, other than as are stated herein. Except as herein otherwise
provided, no subsequent alteration, amendment, change or addition to this Addendum 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.
a. Except as herein provided, no condition governing the uses and/or conditions
governing development of the subject Property herein provided for can be
modified or amended within 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.
6. This Addendum shall be effective as of the date herein above written.
7. Except as amended by the Addendums, all terms of the previous Agreements shall remain in
full force and effect.
[End of text. Acknowledgements, signatures, and Exhibit A follow.]
MODIFICATION TO DEVELOPMENT AGREEMENT—KING'S CONGREGATION CHURCH H-2023-0013 Page 2 of 3
I
ACKNOWLEDGMENTS
IN WITNESS WHEREOF,the parties have herein executed this Addendum and made it
effective as heremabpI ve provided.
OWNER/DEVELOPER:
King's Congregation Church
Its.
STATE OF 41a )
ss.
County of p� )
On this d y of J ,2023,before me,the undersigned,a Notary Public in and for said
State,personally appeare C, Syx)e known or identified to me to be the !P ider` (title)
of (K'`5 c0 n G i.�uv (entity name)and the person who signed above and acknowledged to me that they
executed the same on bet alf of said corporation.
IN WJ i i7���WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certifica`�At jpo„�,� n.
SS1 O!y
o NOTAR y :.2
Notaryyublic
PUB L1G My commission expires: `Z02,7
9
O F 1 O
CITY OF MWMDIAN ATTEST:
By:
Mayor Robert E. Si7 son 6-27-2023 Chris Johnson, City Clerk - -
STATE OF IDAHO )
ss
County of Ada )
On this 27th dayof June
,2023,before me,a Notary Public,personally appeared Robert E.
Simison and Chris Johnson,known or identified to me to be the Mayor and City Clerk,respectively,of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that
such City executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
(SEAL.,) Notary Public for Idaho 3-28-2028
My commission expires:
MODIFICATION TO DEVELOPMENT AGREEMENT—KING'S CONGREGATION CHURCH H-2023-0013 Page 3 of 3
EXHIBIT A
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW E IDIAN�
AND DECISION&ORDER A
In the Matter of the Request for Modification to the Existing Development Agreement(Instrument
#109088809,AZ-08-014)to Include an Updated Conceptual Development Plan& Building
Elevations for the Site and Modification to Provision#5.1.6,by Glancey Rockwell&Associates.
Case No(s). H-2023-0013
For the City Council Hearing Date of: May,9, 2023 (Findings on May 23, 2023)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 9, 2023, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 9, 2023, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 9, 2023,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of May 9, 2023, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code(I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified as
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by
ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian,
which was adopted December 17,2019,Resolution No. 19-2179 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s)received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR KING'S CONGREGATION CHURCH-MDA H-2023-0013
- 1 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 9,2023,incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that:
1. The applicant's request for modification to the existing Development Agreement is hereby
approved per the provisions in the Staff Report for the hearing date of May 9,2023,attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s)and returned to the city within six(6)months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six(6)month approval
period.
E. Judicial Review
Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho
Code § 67-652 1(1)(a),an affected person aggrieved by this final decision may,within twenty-eight
(28)days after all remedies have been exhausted,including requesting reconsideration of this final
decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as
provided by chapter 52,title 67,Idaho Code.This notice is provided as a courtesy; the City of
Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA.
F. Notice of Right to Regulatory Takings Analysis
Pursuant to Idaho Code §§ 67-6521(1)(d)and 67-8003,an owner of private property that is the
subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory
takings analysis.
G. Attached: Staff Report for the hearing date of May 9,2023
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR KING'S CONGREGATION CHURCH-MDA H-2023-0013
-2-
By action of the City Council at its regular meeting held on the 23rd day of May
2023.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE
COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE
COUNCIL MEMBER JESSICA PERREAULT VOTED AYE
COUNCIL MEMBER LUKE CAVENER VOTED AYE
COUNCIL MEMBER JOHN OVERTON VOTED AYE
COUNCIL MEMBER LIZ STRADER VOTED AYE
MAYOR ROBERT SIMISON VOTED
(TIE BREAKER)
Mayor Robert S ison 5-23-2023
Attest:
� SEAT,
Chris J66son - 23-2023
City Clerk
Copy served upon Applicant,Community Development Department,Public Works Department and City
Attorney.
By:
, c, 1 , t Dated: 5-23-2023
City Clerks ice -.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
FOR KING'S CONGREGATION CHURCH—MDA H-2023-0013
-3-
STAFF REPORT E
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 5/9/2023 Legend I �'DATE: I LA K E
J
TO: Mayor&City Council -
FROAM: Sonya Allen,Associate Planner
208-884-5533 —�-.4 r
SUBJECT: King's Congregation Church-MDA E- RY.J -R ---7
r
H-2023-0013
LOCATION: 1150 E. Pienza St.,in the NE 1/4 of
Section 30,T.3N.,RJE. (Parcel ---J,
#S1130120725) - -- - x
I
I. PROJECT DESCRIPTION
Modification to the existing Development Agreement(AZ-08-014 -Inst. #109088809)to update the
conceptual development plan&building elevations for the site.
II. SUMMARY OF REPORT
A. Applicant:
Ryan McColly,Glancey Rockwell and Assoc. - 1257 W. River St., Ste. 110,Boise, ID 83702
B. Owner:
King's Congregation Church- 1150 E. Pienza St.,Meridian, ID 83642
C. Representative:
Same as Applicant
III. NOTICING
City Council
Posting Date
Notification published in
newspaper
4/23/2023
Notification mailed to property
owners within 300 feet 4/21/2023
Applicant posted public hearing
notice on site 3/4/2023
Nextdoor posting 4/21/2023
IV. STAFF ANALYSIS
The Applicant requests a modification to the existing DA(Inst. #109Direct 088809)to update the
conceptual development plan&building elevations for the site and modify provision#5.1.6.
The original DA was required with annexation(AZ-08-014) of the property and included a plan for
the first and second phases of development. The first phase included improvements to the existing
7,000 square foot(s.f.)church building,removal of the access point via E.Victory Rd., a paved 41-
space parking lot with an emergency turnaround for the Fire Dept. off of Pienza St.,the installation of
a landscaped street buffer along E. Victory Rd. and a pressurized irrigation system. The second phase
was for a new 42,500 s.f. church building on the site with an additional 52 parking spaces and
associated landscaping. See Section VTA below.
The Applicant proposes to reduce the size of the new building from 42,500 to 7,400 s.f. as it exceeds
the current needs of the church and change its location on the site. The existing building will remain
along with some of the existing parking. Parking is proposed where the new building was previously
proposed to be located on the southern end of the site. The design and building materials of the new
building is proposed to change from a 2-story to a single-story and will include a dark gray asphalt
shingled roof instead of a blue metal roof,white horizontal siding instead of stucco and stone veneer
wainscot with a white steeple. Although the proposed roofing material/color and siding materials
differ from the existing structure,the main color, stone wainscot and roof pitch of the buildings are
generally compatible and should be compatible with adjacent residential structures. Final design is
required to comply with the design standards in the Architectural Standards Manual. See Section VT B
below.
A change is also proposed to DA provision#5.1.6, as follows: "Direct access to Victory Road is
prohibited. Access to this site shall be provided from E. Pienza Street and S. Mesa Way. All other
access points to/from the site are prohibited unless approved by ACHD and the City of Meridian."
See Section VT B below.
The previous development plan did not have an access via S. Mesa Way as the street had not been
constructed at that time. The proposed access via Mesa Way will provide better connectivity and
access with adjacent developments and streets. The"jog"in the access points from Mesa Way and
Pienza St. should assist in slowing traffic and reducing cut-through traffic through the site.
The off-street parking proposed for the development exceeds the standards in UDC 11-3C-6 by 74
spaces. Based on the overall square footage of the buildings (i.e. 14,329 s.f.),a minimum of 28 spaces
are required; a total of 103 spaces are proposed.
The site design is required to comply with all applicable UDC standards.A detailed review of the site
plan,landscape plan and building elevations will take place with the Certificate of Zoning
Compliance and Design Review applications prior to submittal of a building permit application.
V. DECISION
A. Staff:
Staff recommends approval of the proposed modification to the DA with the changes noted in
Section VI.B as discussed above in Section IV.
B. The Meridian City Council heard this item on May 9, 2023. At the public hearing,the Council
moved to approve the subject MDA request.
1. Summary of the City Council public hearing:
a. In favor: Ryan McColly,Applicant's Representative
b. In opposition:None
C. Commenting: Mike Bierman
d. Written testimony: Ryan McColly,Applicant's Representative(in agreement with staff
re ort
e. Staff presenting application: Sonya Allen
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. Questions pertaining to if Pienza St. is going to be extended through the site to Mesa
Way and the height of the proposed structure.
3. Key issue(s)of discussion by City Council:
a. None
4. City Council change(s)to Commission recommendation.
a. None
VI. EXHIBITS
A. Existing Master Conceptual Development Plan,Building Elevations&Development Agreement
Provisions
KINGS CONGREGAT ON�NE CR CAND —MASTER CONCEPT PLANPRa,SF
PRLUMINARY SITE PLAN IAPPiJCATION
ANNEXATION&CERTSFICATE OF TONING COMPLLANCE
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Phase 1:
THE KIHC S OONGPIF-GATIG H CREC-61A57ER CONCEPC Oulm 11 16:08
THE KING'S ODNGR£GATPOM G:REC-MASTER GONCEFT PLAN 7 viU6
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4tIE-PROPOSED NEW COLOR SCHEME-EL UE METAL R00F= ONE-PROPOSED NEV COLOM-MMf-SLUE METAL RMF EKIASIM
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THE rciM�'s CONGRFGAnuN CAC:c-MAMER OoNcEP7 PLAN ivia-us
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Was 0 .9
-�p4Ft D NEW COLOR UCHEM€-BLUE METAL ROOF EN9MTPNG iW401-MV
OPOSEEI NEW COLOR SANE F_-RUG METAL ROOF EXMSTrNG
EAIST ELEYATJOK IG MEPT MLY-NOT PIE1D VE.RIFIEDI ELEYAiL N ICONCEPT ORL V-NOT#IELD WEVIFCEG]
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Phase 2:
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Existing Development Agreement Provisions(Inst. #109088809)
4. USES PERIMI TFEb By miS ACREE14 EW-.
4.1 TIC uses allowed pursuant to this AVxrcmcnt are only ttrnse uses
a7 lowed underCiIVsZ ningOrdinwwccodificdx Merittian Urtiitjcd
Nvelnptrtienr Owk§ I i-2E.
42 Na change in the uses sperirwd itt thi*Agmwent shall Iw allt w0d
vrithKrttt modification of this Agreement_
5, CD*i1DPTiONS [mOVF.RNIrrr: DEVELOPMENT NT OF SUBJECT
PROPERTY:
5.1 OwncOl3cvcloper shall develop the plr*me in as:curdwice with the
r-ftllowirtg special Conditions--
1. The applicant shail be msp5w;ible tar the omNtnxtiun and insm!Jatinn
of. and all ❑ostt: aqgeKntUrJ with. the sewer and walfr 4,ervice
cxfension and mrknociion to+ugh City zcrvkes.
�. Any:�tt+J all rxisting domestic we11s andfnr tic systetms within this
project will have to be removed frurn tfteirdttinkziiu:i nicc,per City
Ordinance Section 5-7-517,when sem-ioe.L,arc atiaiIabk from the City
of Meridian, Wells may he axed for non-dtxnestie pur}x"arc%uth n•%
1ar}d_wmpe.irrigutirwr),
3_ No sign.4 wv. -%ppFAwW with the subjml annexation approval. All
bw6ne signs,will require a separate sign perm in c;4 pmpl ianuc,with
UDC 11-313,
4. [liiisuvrt a minimum 5-foot wide drtaeheai sidewalk; k)ng Victvey
RuatL as pruposed an the `Comvpival Mastcr Plan" iutjOied w.
ahibii A.2 of the Staff Rcpt3n prior tto issugms� of cenificatc cif
mcupaney far thecxi sling church buildingin-`Pha.�c1 asdaftnedin
the Cotucrouai blaster Plant.
5_ Thc existuig drivewaV acmLan to Victory Ruud shall he rcrnvvcd
prior to issuance of Certi ficate of Occupancy for the cxisti ng church
bui Iding in Phase I_
b. T ircrt a ss is Viclt3ry Rsurd is pa hibitt5d, Access to 1hii�ilc shall
be provided from E. Pim;ta S=t, AI] other kegs points itVfr1rm
the siir are prohibiwd unless appravcd by ACHD and the City of
meridian.
7. Provide a pedesrriarn pathway thmuglh this sire I'm interconnectivily
bety wn Tuscany Village subdivision mW Cavanaugh Subdivision
and for access to the future whtxsl site to Lhe wmt,as deplowii on the
Conceptual Master Flan. Said pathway shall he oottstructed prior to
i"uunce of Ceri kale of Ck:euparwy for aic"isli ng church bui Idi q
in Phan 1.
S. A minimum 25•17oot wide strect bufferxhall be installed adjacent to
V i ciory Road io compliam-e with the standards listed in U W. 11-3ice
7C. Said buffrr shal I be installed prior to issuance of a Certificate of
Occupancy for the existing church building in Phase 1.
9. A niinimurn I0-foul wide street buffer shall be ins[allcd adjdccnt to
Mesa Wray in wiripl i wwx with Lhe o tndaidLL Iis"in UtX' I I-M-7C.
Sidd buffer shall be construcled with twit Oase of dcvrlopmertl.M
depicted on[he Ccuxxptuol Maxtcr Plan,pfu}rTo rclrau.of Certificate
of Owupawy for rr,Ich s1rucMm-
10. Amini mum 2 -root widc laindscaprbuITcrshxllbcin-,WIWalungthe
xoutharn end of the crest property boundary, and the south and enait
pmNny#x,undarie.:adjacent to residential u�.s,in compliance with
the standards listed in UDC I1-3B-9C. Said buffer shall be
constructed with each phase of development. aw deputed on the
Conceptual Master Plan, prior to the Certificate of(kcvpancy fur
eiwh,,tincture.
11. Tbk� Appli punt 4Wi l campJ y with aw true pTvTTVu m--mndards 1 isccd
in UDC I l-3B-19 for pnYLmtion ofcxisting trres that arc pmpowcd IO
be retained and existing treer- 4-irtch caliper and greater that arm
proposed to be remavcd.
12- Mvelopmcnt of this site shall substantially comply with the
Conceptual Mwaicr Plan and building ekvations, including
conxtruatkm materials, rmubmitted with nco-' ,ah It annrxation
:application includod as hxhibivi A.2, A 1. and AA of the Staff
Report-
fkvclopmeni of this site stall comply with the eurmat design
standaneg lneffeut ai the time ofCcrtificatc of'Zoning Cornphance-
I-. A Certif=te of Aning Compliance (C C) thal Meets the
ivquircmalt5 herein it mquirod for appruvLd of J.hc exKting church
uw,prior to svicase of Ccrtificale of Chcupancy Cm the structtu-c in
phaxr I. Another C1C. will be required f(x Phase ? of the
dt:ycluprnent,as w%forth in the Conueptual Ma-Ster Plan-
J,5. The applimtshall bring the exiting systems in the existing building
up to Cunrrtl NernationAr Fire Cute standards,prior to issuar►4e of
Ccrtificfflfiof Occupancy for the change in u!ieuf the building_
B. Proposed Conceptual Development Plan,Building Elevations&Change Development Agreement
Provision#5.1.6
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The Applicant proposes the following change to Development Agreement provision#5.1.6:
"Direct access to Victory Road is prohibited. Access to this site shall be provided from E. Pienza Street
and S. Mesa Way.All other access points to/from the site are prohibited unless approved by ACHD and
the City of Meridian."
Note:All other provisions remain the same; no other changes are proposed.