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Cherry Lane Christian Church AZ 05-023 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 40 BOISE IDAHO 12115fOr:':25 PM ~~~~~~E~i~~:8~~s~OF 1111111111111111111111111111111111111 Meridian City 105191334 DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian Cherry Lane Christian Church, OwnerlDeveloper THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ;o-t~ay of NOveoM. bf'r, 2005, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', and Cherry Lane Christian Church, hereinafter called "OvrNERlDEVELOPER". 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 for each owner, 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. S 67 -6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of 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/Developer" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of (C-N) Neighborhood Business District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, "OwnerlDeveloper" 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 DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE] OF]] 1.6 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 1.7 WHEREAS, City Council, the 26th day of July, 2005, 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 1.8 WHEREAS, the Findings require the "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNERlDEVELOPER" 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, "OwnerlDeve1oper" has entered into an agreement with "City" with regard to Well #27, set forth in Exhibit C, which is attached hereto and by this reference incorporated here as if set forth in full, hereinafter referred to as "Well #27 Agreement"; and 1.11 WHEREAS, "Owner/Developer" has entered into an agreement with "City" to grant an easement to the "City" for a sewer trunk line, set forth in Exhibit D, which is attached hereto and by this reference incorporated here as if set forth in full, hereinafter referred to as "Sewer Easement Agreement"; and 1.12 WHEREAS, "City" requires the "Owner/Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for zoning designation from government subdivisions providing services within the planning DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 2 OF 11 jurisdiction and from affected property owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration ofthe 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/DEVELOPER": means and refers to Cherry Lane Christian Church, whose address is 2511 W. Cherry Lane, Meridian, ID 83642 the party developing said "Property" and shall include any subsequent owners and/or 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 describing the parcels to be annexed and zoned C-N (Community Business District) 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 Meridian City Code Section 11-7-2 (H) which are herein specified as follows: DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 3 OF 11 Construction and development of either a conditional use permit or a planned development application shall be submitted to the City of Meridian prior to a future development in the C-N zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 05-023 application. 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" has submitted to "City" an application for conditional use permit site plan dated April 26, 2005, and shall be required to obtain the "City'" approval thereof, in accordance to the City's Zoning and 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. No new buildings are approved for construction under this conceptual CUP/PD application (File No. CUP-04-051). All future buildings shall require approval of a detailed CUP prior to submittal of any Certificate of Zon~ng Compliance application and/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. '~Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 1. That any new structure(s) shall be generally compatible in appearance and bulk with the surrounding residential properties, as determined by the detailed Planned Development approval as approved through a Conditional Use process. 2. That no building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure orland be established or changed in use without prior approval. 3. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. DEVELOPMENT AGREEMENT (AZ 05~023) CHERRY LANE CHRISTIAN CHURCH) PAGE 4 OF 11 4. At this time the owner/developer proposes to use the property primarily as a church, including anticipated related support facilities and services as follows: worship facilities, educational facilities, administrative offices, child care facilities, maintenance buildings, caretaker/security residences, recreational facilities/pocket park, religious bookstore, food service. 5. That the applicant agrees to provide cross-access to the parcels to the west and north, prior to issuance of a Certificate of Zoning Compliance (CZC) penuit for any future use. 6. The "OwnerlDeveloper" has completed a traffic study which has been accepted by ACHD (Ada County Highway District) and submitted to "City". ACHD Commissioners approved the following entry points to the property: From Ten Mile Road 130 feet south ofthe north property line as shared access with the City Meridian for their well site 150 feet south of the well site for a parking lot for the recreation area 150 feet south of the parking lot for a drive way to the maintenance area and house 318 feet north of Franklin Road, just south ofTen Mile Creek From Franklin Road Ajoint roadway with the Silver Oaks subdivision on the West property line 550 feet west ofTen Mile Road as a minor access 236 feet west of the minor access point for a main entrance 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 "OwnerIDeveloper" or "Owners/Developers" 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 Idaho Code S 67- 6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 5 OF II "Owner/Developer" consents upon default to the 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 "OwnerlDeveloper" and ifthe "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "OwnerlDeveloper" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEF AUL T: 10.1 In the event ~'OwnerlDeveloper", "OwnerIDeveloper'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 tenus 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 ofthe Zoning Ordinance. 10.2 A waiver by ~<City" of any default by "Owner/DeveIoper" of anyone 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 "OwnerlDeveloper's" cost, and submit proof of such recording to "OwnerIDeveloper", prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 6 OF II / t 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. ] 3. REMED IES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "OwnerlDeveloper", or by any successor or successors in title or by the assigns ofthe 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. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "OwnerlDeveloper" 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 "OwnerlDeveloper" 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 "OwnerlDeveloper" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "OwnerlDeveloper" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has 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". DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 7 OF I I 16. ABIDE BY ALL CITY ORDINANCES: That "Owner/Developer" agrees to abide by all ordinances ofthe 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: OWNERlDEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Cherry Lane Christian Church 2511 W. Cherry Lane Meridian,ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 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 the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 8 OF 11 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 "OwnerIDeveloper" 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 benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "OwnerlDeveloper", to execute appropriate and recordable evidence oftermination ofthis Agreement if"City", in its sole and reasonable discretion, had determined that "Owner/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 "OwnerlDeveloper" 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 "OwnerlDeveloper" 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 re-zoning ofthe 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 DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 9 OF 11 Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. ODARD on behalf of CHRISTIAN CHURCH CITY OF MERIDIAN Jldi-:A CITY CLERK BY:~ MAYOR de WEERD If7;t!tJ!:Kr f{,f~ Ci~ ~ Iv7L We /2 - 6 - f?S- \\ 0"" II~,... J, \\\\ ~~ r w2>::;f1/1"J III" .......... 6 i{,;i('fJ, ,1~ i ;poWl'Oftf,i[ ~ .,g., ...~ ~~. 0 ~ ~ - ~ - - .' - - - - - - - - Attest: DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 10 OF 11 STATE OF IDAHO, ) : ss: County of Ada, ) On this 30w]aay of 1'1 (j'N.Vlcbr-, 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Larry Woodard on behalf of Cherry Lane Christian Church, known or identified to me to be the authorized representative of Cherry Lane Christian Church, who executed the instrument on behalf of said corporation, and acknowledged to me that he 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. \\\\\\\Him!fJII!fll \\\\~. AL ffll. ~....\....\.\ \ S B J:;-- /I~J'..... ~ ".." \., t.; j:J/)~ Sl..~ V t~ttU"~D' /{.. ~ ~ ~"':-... Y '\~ ~A ~~:J ()'3 ~ (SEfkB)) ......~ 0 \ J?~~ D% ~o~ : ~ ~ ::z: ;: ts~~ ~ ~~a=d = ~ r;. ~ A r.:: ~ ~.n-:'.. "'V "v : a fE ~ ~,.r~.... us\,;.... ~.." 0' ~ ....~ / A #~ fit>. ~ ~ ~ "'1,>"J.fJ#t!QI~,fl4. \\\"'\.... #" % /1;; 0-\.... \\) ~s-..,.; "'111111 \\\\\\'1:' '!fJllmJII !1Il1l11\\\\ 4AulHu 010Q~~n otary Publ19 for Idaho Residing at: 5) I ~.J- i) My Commission Expirfs: '::3'- ~ ~ :KJ STATE OF IDAHO ) : ss County of Ada ) On this >f,ft( day of O-eI'?'VYL bU\_ ,2005, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) ........ ..- 01l.T .0 e. ....$....u_y~.. l~:i::OTAJ,,,... C?$.". III ' , .. III I , III " : I III .. , ' III .. ' / III .. \ l .1IIt ..~,~~~~. +.1'/:Ji ~.. ...W.... ShCUL (jYl8nt/('~ Notary Public ~or Idaho (' Residing at: me {bPi.. eYe Commission expires: I o--{ S--II DEVELOPMENT AGREEMENT (AZ 05-023) CHERRY LANE CHRISTIAN CHURCH) PAGE 11 OF ]] I ...--."'"""'.,..,.....,f"" f Xh.l~v}d :/t EXHIBIT A Cherry Lane Christian Church Annexation Az..05-023 Legal Description ANNEXATION LEGAL A Parcel of land being Parcel B a5 shown on Record of Survey No. 5576 for Graye Wolfe, and located In a portion of the SE1/4 at Sactlon 10, Township 3 North. Range 1 West. Boise Meridian, Ada Coun~y. Idaho and more particularty described as follows; BEGINNING at a 5/8 inch rebar marking the SE comer of said 81::1/4; Thence along the South Una of said SE114 N89'40'29"W a distance of 1558.62 feet to a 5/8 inch rebar from whJch the SW comer of said SE114 bears N89'40'29"W a distance of 1Q82.05 feet; Thence leaving said Sooth line N01"OS'10"E a distance of 1118.81 feet to a 6/8 inch rabar; Thence SBS"51'50"E a distance of 1545.36 feet to a 5/8 fnch rebar on lhe East line of said SE1/4; Thence along said East line SOO'27'06"W a distance of 1096.83 feet to the POINT OF BEGINNING. SaId Parcel contains 39.47 acres more or less and Is subjact to all exlsling easements and righls-of-way of record or implied. -"'~ ~~?~ I~L--/ ~".. < . I'. I', ; I ~'io'.J<'~'-"" ,,~~\Pl~';. ~I~.~ l. ....:.11/' - 01"" cU na/y/.,(:e...., 1lJ). Df) - )2cG C0463S2 ANNEX LEOAL.(/oc ,A ANI\fEXATION EXHIBIT l\4AP FOR CHERRY LANE CHRISTIAN CHURCII r RAILROAD RIGHT OF WAY A PORTION OF THE SE 1/4 OF SECTION 10 T01VNSJUP 3 NORTH, RANGE 1 WEST, BOISE MERIDIA.N ADA COUNTY, IDAHO E1/4 CORNER Gl:> 2005 SECTION 10 I RE'tfEW APPR9,VA",-.., _ _ . UNION PACIFIC RAILROAD BY~~2:0~<' v- ~ if i'.1ERIDtAN PUBLIC WORKS OEPT. t I I J~ Q~ ,~ LEGEND SECTlON llN~ - - - - PROPERlY BOUNDARY 25' WIDE PRESCRIPTIVE RO",O E'ASEMENf AAILROAO RIGHT-Or-WAY .p. FOUNO BRASS eM> $ FOUt-lD ALUMINUM CAP o FOUND 5/8. REaAR FOUND 1/2" REBAR W/CAP MARKED lS 6901 A <: o CJ:.f ::s i-l ~ Z ~ Drdinti/r1.ce f20, DErAIL FILENAME: C046352_ANNEX_BS.DWG SCALE 1":::;300' DRAWN BY: SRL CHECKED BY: KNS CREATION DATE: 04/12/2005 Engineers. Inc. 12552 W. Execullvo Dr., Suite B. Bolne, Idono Jl3713 (2.08) 887-716Q E X Vltb/t t '6 CITY OF :MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning of 39.47 Acres from RUT/C2 (Ada County) to C-N (Neighborhood Commercial), by Cherry Lane Christian Church Case No(s): AZ-05-023 For the City Council Hearing Date of: July 26, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries ofthe property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509. The matter was duly considered by the City Council at the July 26, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records ofthe City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing on June 16, 2005 and issued a writt~n recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby CITY Of MERIDIAN FINDINGS OF fACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-023. PAGE 1 of4 verified that the property owner(s) ofrecord at the time of issuance of these findings is the Presbytery of Boise. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings required for this application. 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. ~67w 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-17-9. 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 Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Conceptual Site Plans dated March 24, 2005 as shown in Exhibit B, and the Annexation and Zoning Comments as shown in Exhibit C. 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 S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Conceptual Site Plans as evidenced by having submitted the Conceptual Site Plans dated March 24, 2005 are hereby conditionally approved; and, 2. The Annexation and Zoning Comments are as shown in Exhibit C. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ.05-023. PAGE 2 of 4 D. Notice afFinal Action and Right to Regulatory Takings Analysis 1. 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 being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty. eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code. R Exhibits Exhibit A: Legal Description Exhibit B: Approved Conceptual Site Plan Exhibit C: AImexation and Zoning Comments Exhibit D: Zoning Amendment Findings By action of the City Council at its regular meeting held on the ~ (J1'h day of -.--Ji.L~D ,2005. COUNCIL MEMBER SHAUN WARDLE VOTED ~ COUNCIL MEMBER CHlUSTINE DONNELL VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED lfA-' COUNCIL MEMBER KEITH BIRD VOTED \~ MAYOR TAMMY de WEERD (TIE BREAKER) VOTED - BEAL . CI 1;;:;' ,#' g lty erK~-;,"'q., 1" 18i . ~~/ ~~ a,..... .- ..p't- ~v /1111 :-VVNT'f. ""., Ilfi \\\\ Ilil)1( n 111\\ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AZ-05-023- PAGE 3 of4 Attest: Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and Ci ty Attorney. BY=---}U 0 ~ ^-.CJ liG City Clerk's Office Dated: l1~2.u ..OS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05.023- PAGE 4 of 4 \ EXHIBIT A Cherry Lane Christian Church Annexation AZ-05-023 Legal Description ANNEXATION LEGAL A Parcel of land being Parcal B as shown on Record of Survey No. 5576 for Graye Wolfe; and located in a pottlon of the SE1/4 at Seetlon 10, Township 3 North, Range 1 West, Boise Meridian. Ada County, Idaho and more particularly described as follows: BeGINNING at a 518 Inch rebar marking the SE comer of said SE1/4; Thence along the South line of said SE1/4 N89'40'29"W a distance of 1558.62 feet to a 5/8 inch rabar from which the SW comer of said SE1/4 bears N89040'29'W a distance of 1082.05 feel; Thence leaving said South line N01008'10"E a distance of 1118.81 feet to a 5/8 inch rebar; Thence S88.51'50~E a distance of 1545.36 feet to a 518 Inch rabar on the East line of said 8E1/4: Thence along said East line SOO"2T'06"W a distance of 1096.83 feet to the POINT OF BEGINNING. Said Parcel contains 39.47 acros more or less and Is SUbject to all existing easements and rights-of-way of record or implied. ~~~~IL/ ~ .' ~>' ". ~, \Lr . ~t'1 ~~~:'1 ..~f'.\~~....., u ,. \CJ~\' C046352 ANNEX LEOAt.doc EXHIBIT B Che:rry Lane Christian Church Annexation AZ-OS-023 Conceptual Site Plan I-,~~:~ - .."._c"'.:2 .-."~~~w:... 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". . ~ ., ~- __ u EXHIBIT C Cheny Lane Christian Church Annexation AZ-05-023 Annexation and Zoning Comme:nts ANEXATION & ZONING FACTS AND COMMENTS 1. The subject property is within the Urban Services Planning Area. The legal description submitted with the application (dated 4/15105, stamped by Stephen Lee) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Public Works Department has confirmed that the submitted legal description meets the requirements of the City of Meridian and the Idaho State Tax Commission. 2. Any future subdivision and/or development of this property shall comply with the City of Meridian ordinances in effect at the time. 3. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shan contact the City Attorney, Bill Nary, at 888.4433 to initiate this process. The DA shaH incorporate the following: · That any new structure(s) shall be generally compatible in appearance and bulk with the surrounding residential properties, as determined by the detailed Planned Development approval as approved through a Conditional Use process. . That no building or other structure shan be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without prior approval. . That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. . At this time the applicant proposes the following uses on the subject property: Private School w/cbildcare capabilities, Church, and Administrative Offices. The Planned Development Application as required by this Development Agreement must include these and any other uses requested by the applicant · That the applicant agrees to provide cross-access to the parcels to the west and north, prior to issuance of a Certificate of Zoning Compliance (ClC) permit for any future use. · That vehicular access to this site shall be restricted to those approved by ACHD and the City. Cherry Lane Christian Church Exhibit C _.' c..) SPECIAL CONSIDERATIONS (ANNEXATION & ZONING) 1. Access: Limiting vehicular access to this property is essential to maintaining traffic flow on Franklin Road during peak hours. ACHD policy requires right- in/right-out driveways located on arterial roadways to be constlUcted a minimum of 150 feet from a stop controlled intersection; 220 feet is required for a full access driveway. Although this property has sufficient frontage to meet the District's policy, there is need and a request by ACHD for a detailed traffic study prior to development When the FranklinlTen mile intersection is signalized, or if safety of any accesses should become an issue, the ACHD may restrict the access to right-inlright-out only for all access points. The final locations of points of access will be determined at a later date, during detailed approval through the PlalUled Development process. Because only one access to the public roadway system is being proposed for this property to the west of the site, staff recommends that cross access be provided to the site to the west. The idea with providing cross access to the multifamily development is that when the church expands and/or redevelops, cross access will be reciprocated to the proposed multifamily development. If cross access is provided then patrons of the church can access Franklin Road at a signalized intersection without having to cross traffic lanes on Franklin Road to exit the site. See Annexation & Zoning Facts and Comments #2 below. Landscaping: Franklin Road and Ten mile Road are classified arterial roadways. A 25-foot wide landscape buffer is currently required adjacent to arterial roadways (MCC 12-13-10-4). Landscape buffers along Meridian Road and Ustick Road will be required by the City with CZC/Planned Development approval. lfthe subject annexation and zoning application is approved, C-N property will be adjacent to rural residential properties zoned RUT in Ada County and an outdoor storage facility, To buffer the existing land uses to the south and west from future commercial office uses on this site, landscape buffers along the petimeter of the site should be installed when a CZC/Plat is approved (see MCC 12~13-12). Parking: For Churches/Schaols/Gynmasium, parking stalls are currently required at the rate of one space per 4 auditorium seats, one space per each 5 church seats, one space per 400 s.f. of gross office floor area (administration building), 2 parking spaces per elementary classroom, 10 parking spaces per high school classroom plus 1 for each 10 seats in and auditorium or gymnasium. (MCC 11- 13-5.B). 3. Sanitary Sewer: Sanitary sewer is currently not available to this site. This site is master planned for the sewer to drain to the Black Cat lift station via extensions of mains through Castlebrook Subdivision, Chesterfield Subdivision, and the proposed Silver Oaks Subdivision to the west. The applicant shan be responsible to design and install sewer mains to and through this proposed development, Cherry Lllne Christian Church Exhibit C coordinate main size and routing with the City of Meridian Public Works Department. Water is readily available in Ten-Mile Road and Franklin Road. The applicant shall be responsible to design and install water main to and through tIus development, coordinate main sizing and routing with City of Meridian Public Works. The applicant shall execute City of Meridian standard fonns of easements for any mains that are required to provide service. MERIDIAN FIRE DEPARTMENT COMMENTS 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle, b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shaH be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section DI03.6 Signs. 5. For all Fire Lanes, paint the curb red and provide signage ''No Parking Fire Lane". 6. Operational fire hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. Commercial and office occupancies will require a flIe-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D.h Cherry lane Christian Church Exhibit C 8. The office/commercial lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 9. Maintain a separation of 5' from the building to the dumpster enclosure. 10. Provide a Knoxbox entry system for the complex prior to occupancy. 11. The applicant shall work with Planning Department staff to provide an address identification plan including a pylon/monument sign at the required intersection(s). 12. All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 13. Provide exterior egress lighting as required by the International Building & Fire Codes. 14. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 15. All Daycare's with 7 or more children must pass an inspection using the criteria of the Idaho State Fire Marshal. If the applicant has concerns about meeting the State Fire Marshal criteria an inspection will be completed at a cost of $20. 16. There shall be a fire hydrant within 100' of all fire department connections. 17. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D 1 05. Chell)' Lane Christian Church Exhibit C 18. This project will be required to provide a 20' wide swing or rolling emergency access gate. The gate shall be equipped with a Knoxbox Padlock which has to be ordered tlnu the Meridian Fire Department. MERIDIAN PARKS DEPARTMENT COMMENTS 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13~6) will be followed. 2. Standard PIau for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13~13) will be followed. MERIDIAN PUBLIC WORKS DEPARTMENT 1. All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 3. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 4. Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 5. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Anny Corps of Engineers. 6. All grading of the site shall be performed in conformance with MCC 11-12-3H. 7. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill materiaL 8. Any existing domestic wells and/or septic systems within this project shall be removed from 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. 9. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by Cherry Lane Christian Church Exhibit C the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the meridian City Engineer prior to final plat signature. 10. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 1 aO-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies detelTIlining the groundwater, soil type & and characteristics during the design and construction phases. I 1. Two-hundred-fifty and one hundred 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. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to conunencing installations. 12. Applicant's engineer shall be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. ADA COUNTY HIGHWAY DISTRICT (ACHD) Site Specific Conditions of Approval The applicant shall submit a detailed traffic study for the site prior to receiving detailed approval. Cherry Lane Christian Church E>iliibit C EXHIBIT D Cherry Lane Christian Church Annexation AZ-OS-023 Zoning Amendment Findings ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds that the requested Neighborhood Commercial (C-N) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map, which delineates the subject property as "Mixed Use-Regional". Meridian City Code (MCC) 11-7-2.H. states the purpose of the C-N district is "to permit small scale convenience business uses which are intended to meet the daily needs of the residents in the immediate neighborhood. ., .and shall not constitute all or any part of a strip development concept." The following Comprehensive Plan policies also support the annexation and proposed Church! Private School use: · "Permit new. . .commercial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, pg. 26, Goal I, Obj. A, #6) Municipal wafer, solid waste and other services exist to this area of Meridian. · "Require all new parking lots to provide landscaping in internal islands." (Chapter V, pg. 43, Goal III, Obj. D, #3) The Site Plan submitted with the annexation application for this property is conceptual in nature; the parking lot will be addressed through the submittal of the planned development and shall show internal planters, as required. · "Locate new community conunercial areas on arterials. . .near residential areas in such a way as to complement with adjoining residential areas." (Chapter VII, pg. 43, Goal III, Obj. D, #3) Cherry Lane Christian Church Exhibit D The proposed commercial use is located at the intersection of two minor arterial roadways. A 25-foot wide street buffer is shown along Ten Mile Road and Franklin Road, designed in part to mitigate potential negative impacts upon the vehicular trafflc on arterial roads. There are several major residential developments occurring in the area to which the proposal will provide service. . "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VU, pg. 107, Goal IV, Obj, D, #2) ACHD is requiring the applicant to submit a detailed traffic study for the site. The curb cuts and access points are consistent with other proposals of this size and nature. However, these will be approved with the filing of a detailed Planned Development and full review by A CHD. Chapter VI C.2 P71 - Multiuse pathways: Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street and multiuse pathway systems are depicted in Figures VI-3 and VI-4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. With the design of the conceptual plan the applicant has included multiuse pathways in this development. The Comprehensive Plan indicates in Figures VI - 3 and VI-4 the locations of pathways along the Ridenbaugh Canal, Eight Mile Creek, and Ten-Mile Creek. B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a conceptual site plan. The site plans depicts several buildings on this property with 1) a main building to seat 4,500 patrons and several classrooms and 2) a school with a gymnasium and an administration building. The site plan also shows a recreation field and multiuse pathway system along the Ten Mile Creek. Staff does not anticipate that the applicant plans to rezone the subject property in the future if the subject annexation/zoning is approved, as the anticipated Church! Private School uses will be conditionally allowed in the requested C-N zone. Please see Finding "CO). C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area tummg into a commercial area by means of conditional use permits; Staff finds that School/ Private Schools would be Conditional uses within the requested C-N zone, As mentioned above, however, there is no detailed Cherry Lane Christian Church Exhibit D development plan proposed at this time, but a Planned Development must be submitted in compliance with the Mixed-Use Regional Designation. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example~ have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that the recent annexation and zoning of Stor-It, Castlebrook Subdivision, and the recent proposal of Silver Oaks Subdivision (multifamily) directly west of this site, dictates that the subject property be similarly zoned and developed. The streets adjacent to this site have not been widened recently, and neither Franklin Road nor Ten Mile Road roadway improvements abutting this site are in the current ACHD Five~ Year Work Program. Franklin Road from Ten- Mile to Black Cat is in the planned development phase for improvement. E. Will the proposed uses be designed~ constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant will be required to construct, operate and maintain the future buildings in accordance with City Code. Although this area was intended for residential and commercial uses when the 2002 Comprehensive Plan was adopted, staff finds that the size and number of uses is consistent with the comprehensive plan at this location. Staff Hnds that the design of the submitted conceptual layouts for school/office/church buildings could be harmonious with the adjacent properties if cross-access is provided to the parcel to the west (multifamily). Staff further finds that the proposed uses will change the existing character of the area, but that the proposed zone and future use(s) should be harmonious and appropriate in appearance with the character of the overall area. Staff fmds that any future uses) if designed, constructed and operated in accordance with adopted city ordinances, should be harmonious and appropriate in appearance with the intended character ofthe vicinity. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Commercial (school/church) vehicular access to this site could cause a potential disturbancelhazard to existing and/or future uses. The 2002 Comprehensive Plan Future Land Use Map designates the properties to the west as multifamily, and to the south and east as Mixed Use Regional. The Commission and Council should rely on public testimony to determine whether the proposed C-N zoning will be disturbing or hazardous to the neighboring uses. Cherry Lane Christian Church Exhibit D Staff finds that the use of this site for Church/School type uses should not be hazardous or disturbing to existing or future neighboring uses if the applicant enters into a development agreement with the City and all development and landscaping ordinances are exercised. fu addition to staffs analysis, the Commission and Council should rely on public testimony to determine whether or not the potential disturbance of allowing a commercial access int%ut of this site will substantially affect the existing or future neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways, streets~ police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Sanitary sewer is currently not available to this site. This site is master planned for the sewer to drain to the Black Cat lift station via extensions of mains through Castlebrook, Chesterfield and the proposed Silver Oaks to the west. Watel:' mains are readily available in Ten-Mile Road, and Franklin Road. The applicant and/or future property owners will be required to pay any applicable park and highway impact fees as well as constIUct on-site storm water drainage facilities. On May 27,2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. However, the joint agency review was based on the conceptual plan, the Planned Development shall require detailed review. The Commission and Council should reference any written andlor verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the ex.tension of sewer, water, local street (driveway) infrastructure, utilities and irrigation services to serve the project. Other required site improvements will be funded and constructed by the developer tIn-ough the CZC/Planned Development approval process. The primary public costs to serve the future uses will be fire and police facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. Cherry Lane Christian Church Exhibit D I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that any future uses on this site will generate additional traffic on adjacent roadways above and beyond the existing residences. The level of impact will depend upon the type of future usee s) and the square footage of the buildings. Staff recognizes that traffic and noise will increase with the approval of this development; however, do to the large size of the site and number of proposed accesses, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Traffic will further be reviewed and accommodated by ACHD review of the detailed traffic study. The purpose of the C-N zone is to "to permit small scale convenience business uses which are intended to meet the daily needs of the residents in the immediate neighborhood. .. .and shall not constitute all or any part of a strip development concept." (MCC 11-7 -2.H) As such, staff does not anticipate future uses will create smoke, fumes, glare, or odors that will be detrimental to the general welfare of persons or property in the area. Staff does not anticipate the proposed alUlexation and subsequent use(s) will create excessive noise, smoke, fumes~ glare, or odors. Staff finds that the proposed Church! Private School uses should not be detrimental to people, property or the general welfare of the area. MCC 11-16-4 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses to more fully comply with this finding. Due to the close proximity of existing and future residential uses, the scale of the project, and relation to neighboring uses~ staff believes that a Development Agreement is necessary to ensure that the purpose of the C-N zone is maintained. Please see Atmexation & Zoning Facts and Comments below. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an hlterference with traffic on surrounding public streets; This parcel has a large amount of frontage on both Franklin Road and limited frontage on Ten-Mile Road. The applicant is conceptually proposing four driveway approaches to Franklin Road: a shared access at the mid section (for possible future signalization), two right in and right out accesses, and a full access at approximately the \4 section line. ACHD considers access points in their analysis of development applications and has requested a detailed traffic study. Staff believes that these locations will provide adequate access, but it may be restricted based upon the detailed traffic study. To help future traffic flows in this Cherry Lane Christian Church Exhibit D area, staffbe1ieves that cross access between the subject property and the property to the west and north should be provided. If cross access is provided from the west and north, patrons of the church/school, storage facility, and multifamily development can access Franklin Road at the "Y2 section line, also to be cost shared with the property to the west. Staff believes that the proposed uses (and access) should not be hazardous to neighboring uses or traffic flows, but development should be restricted until ACHD has had adequate time to review a traffic study. The Commission and Council should rely on public testimony, ACHD staff, and City staff's analysis when determining whether or not a vehicular approach to Franklin Road will interfere with traffic on surrounding public streets. See Special Consideration #1 below for more analysis. K. Will not result in the destruction~ loss or damage of a natural or scenic feature of major importance; and Staff is unaware of any natural of scenic features of major importance on this site and finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and zoning application. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)" The legal description submitted with the application, prepared by Stephen Lee PLS of Pinnacle Engineers, Inc., shows that the property is contiguous to the existing corporate boundary of the City of Meridian. The land directly north, and northeast of the subject property have previously been annexed into the City and this is a logical expansion of the City boundary. The applicant is proposing to develop the land in substantial compliance with the City's Comprehensive Plan. In accordance with the findings listed above, staff finds that the annexation/zoning of this property would be in the best interest oillie City. NOTE: Staff has included Development Agreement stipulations for annexation and zoning of this property below. Cherry Lane Christian Church Exhibit D rr I. E XJl,~ k:y~..t (~. AGREEMENT THIS AGREEMENT is made and entered into this 10th day of February ,2005, by and between Cherry Lane Christian Church and The City of Meridian, Idaho with respect to parcel #9050 at E SIDE SE1/4SE1/4 Section 10 3N1W as shown in Figure A. Well 27 Lot Cherry Lane Christian Church, owner of the referenced parcel, agrees to allow the City of Meridian and it's agents access to the site for the purposes of drilling and sampling a test water well, known as Well #27 Test Well. The City of Meridian agrees to pay Cherry Lane Christian Church one hundred dollars ($100.00) for the use of this property during the test drilling. The City of Meridian further agrees to the following: 1) The City will reclaim the site to a similar condition as it exists before the test well. 2) If the City does not find a viable aquifer, the City will abandon the test well. At the Cities sole discretion and based on the results obtained from Test Well #27 the City may purchase the parcel described above. If the City chooses to purchase the parcel. Cherry Lane Christian Church agrees to sell the parcel for the total purchase price of $21,000 and further agrees to cooperate with the City in completing the transaction. The City agrees to allow a cross access agreement with Cherry Lane Christian Church and to jointly agree on well house appearance. Cherry Lane Christian Church agrees to grant and coordinate an easement for a flush line to Ten Mile Creek. Well #26 Test Well- 1 of 2 J1!' ~ ... IN WITNESS WHEREOF, the parties do execute this Agreement the day and year first above written. By CITY OF MERIDIAN, IDAHO By: Attest: cc... Aw",..-I ^/~S" / o.F. Well #26 Test Well- 2 of 2 j! ( t. Figure A + roadway Landscape setback line ~; RECREATION FIELD full access morial rose arden, path nd gazebo l f ..... >- ~ - Q) >> 0 .::L .0 0 ~ +- 0 >> .::L 0> II) Jd c OIl;; 0 .- ~ ..0 >> ~ right i :a'~ IZI 1- :J H'~ 0 Q. .8 0.. -a:s 1$ ight 0 .Sl '" ~ >- >> L() ~.!! Q) 0 .::L ..q- .0 0 << - >> .:::i. ~ t lJ) Jd Q ~ 0 >> .a .... ~ cpJ; 0 ~ MAINTENANCE' SHOP AND STORAGE OTAl PARKING PHASE 1 ~ H ~ ~ Z ~ [>ckL~~lc '}) This sheet has been added to the document to accommodate recording informatuon. Sanitary Sewer Easement for Cherry Lane Christian Church, 2511 W. Cherry Lane. Approved by the Meridian City Council on December 6, 2005. SANITARY SEWER EASEMENT THIS INDENTURE, effective this 21sT day of November, 200Q, by the undersigned Cherry Lane Christian Church, who maintains a mailing address of P.O. Box 671, Meridian, 10 83680, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of~way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS A-1, A-2, & A-3) The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. 1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. SANITARY SEWER EASEMENT, Page 1 of 2 THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. STATE OF IDAHO) ) ss County of Ada ) On this~"~dayoff\U\l'tY\l,-\~(,"2005, qefore me JVh(J\-Q\~e A \b-(>r-tsc \'-, personally appeared L...Gt. -( (\.) \)'''::'00 c\ 0- -( c\ I proved to me on the basis of satisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. ,,\.llllrlltlllJlIlIl \\\\\. A l ~lIlf "\\,, \ ~ i J) J'o l~~~ if,,/' \.>1..0 .,Uf' /.) ~ g,v\~ ~~110I';Cf\t'D ""-."'I/~~;' if ....../<::-,/'''!~(; ~'A "Jl" ~ n ~ ;0 C,J' ..... 0 \ ~f;).... U'o ~ ~ .........__ fc.. ~ . -:J.- ";.. ....-p ;::. ~~E~ :/--~ ~l ~ ~o~ ~ g 'i ':...0 (j ::.-.... !J ~. Ul~,,~ UBt" ..';~~$ ~ ~"4c,, v ~,,~~'<...-"'Sf , ')//:",aIDO"F'!l.~~\'\j"\.~~.::i Q~ C \ \~ '/Ifl//t ~\~\~~ fllflturrlHllt~I\\\~ ll\:Ju...l~ (U ,~~~ ~ NOTARY PUBLIC FOR IDAHO My Commission Expires on :::j ...-a...:s-\O Beneficiary: CITY OF MERIDIAN ...c"" ,> __/"~~<'--7;~.r r:.,.. './ ,'/~.:J~/ -:.;-'";;, By ; ,,-.' /\:-f/"'" IF,-, fl. ~.d /.".., .. ;/_.$ c. .... Tammy de Weer9(Mayor STATE OF IDAHO, ) ss. County of Ada ) On this ~..+tl day of [Uc,':lVlb-e,/ ,2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ~J h t01 0'7 S/Y/-i '+t 'l NOTARY PUBLIC FOR IDAHO RESIDING AT: 111..1 {/O..l ---Pel MY COMMISSION EXPIRES: 10 --;<:(-11 SANITARY SEWER EASEMENT, Page 3 of 3 EXHIBIT A"1 Project: Parcel No: Date: 11873 51210449010 November 17, 2005 PARCEL DESCRIPTION PERMANENT EASEMENT That portion of the Southeast v.: of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Southeast corner of Section 10; thence along the Easterly boundary of the Southeast v.: of said section, North 00"51'46" East, 301.75 feet; thence North 89"08'14" West, 25.00 feet to the Westerly prescriptive right-of-way of Ten MUe Road, the POINT OF BEGINNING; thence North 45" 35'14" West, 105.58 feet; thence North 88"27'10" West, 1,452.46 feet to the Westerly boundary of the Church Subdivision; thence along said boundary, North 01" 33'00" East, 692.02 feet; thence South 43.27'03" East, 28.28 feet; thence South 01"33'00" West, 642.02 feet; thence South 88" 27'1 0" East, 1,444.23 feet; thence South 45.35'14" East, 88.84 feet to the Westerly prescriptive right-of.way of Ten Mile Road; thence along said right-of.way, South 00.51'46" West, 41.39 feet to the POINT OF BEGINNING. Containing 1.371 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P .L.S. RMH ITLK: lhc \ \Boisefiles\Public\ProjectManagers\PHK\ 11873-Black Cat\Admin\Descriptions\ 11873Church-Perm.doc EXHIBIT A-2 Project: Parcel No: Date: 11873 51210449010 November 17, 2005 PARCEL DESCRIPTJOH TEMPORARY EASEMENT That portion of the Southeast Y-I of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Southeast corner of Section 10; thence along the Easterly boundary ot the Southeast!4 of said section, North 00"51'46" East, 343.14 feet; thence North 89"08'14" West, 25.00 feet to the Westerly prescriptive right-of-way of Ten Mile Road, the POINT OF BEGINNING; thence North 45035'14" West, 88.84 feet; thence North 88027'10" West, 1,444.23 feet; thence North 01 033'00" East, 642.02 feet; thence South 88" 27'00" East, 50.00 feet; thence South 01" 33'00" West, 592.02 feet; thence South 88.27'10" East, 1,413.86 feet; thence South 45035'14" East, 60.93 feet to the Westerly prescriptive right-at-way of Ten Mile Road; thence along said right-of-way, South 00"51'46" West, 68.99 feet to the POINT OF BEGINNING. Containing 2.434 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. RMH/TLK:lhc \\Boisefiles\Public\ProjectManagers\PHK\ 11873-Black Cat\Admin\Descriptions\ 11873Church- Temp .doc