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Shepherd Creek Subdivision MI 06-004 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 01/04/07 01 :50 PM DEPUTY Bonnie Oberbillig RECORDED - REQUEST OF Meridian City K ~ 1111111111111111111111111111111111111 107001570 AMOUNT .00 SECOND ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. 2. 3. City of Meridian Valley Shepherd Church of the Nazarene, Inc., Owner/Developer Shepherd's Creek, LLC, Owner/Developer The following is an addendum to that certain DEVELOPMENT AGREEMENT, recorded on the February, 22, 2001, and the fIrst addendum to Development Agreement recorded on August 14, 2003. This second addendum is made and entered into this fit!:::- day of ];ec..eJ'h-~ ,2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Valley Shepherd Church of the Nazarene, Inc., whose address is 831 North Main Street, Meridian, Idaho 83642, and Shepherd's Creek, LLC, whose address is 10280 Ustick Road, Boise, Idaho 83704 hereinafter called OWNER/DEVELOPERS. OWNER/DEVELOPERS agree to be bound by the terms of the original Development Agreement, recorded on February 22, 2001 as instrument #101015259, and the First Addendum to Development Agreement, recorded on August 14, 2003 as instrument # 103137111 on the land described in Exhibit "A", except as specifically regarding the following items: 1. The parties hereto agree that the development of the property described in Exhibit "A" shall be in accordance with the terms of the above described Development Agreement, recorded on February 22,2001, as instrument #101015259, Exhibit "B" and the First Addendum to Development Agreement recorded on August 14,2003 as instrument #103137111, Exhibit "C", or those City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That the requirements and restrictions of the above described Development Agreement, Exhibit "B", and First Addendum to Development Agreement, Exhibit "C", be modified as follows: Page 4, Item 4-1 - "The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code 11- 7-2 (D) which are herein specifIed as follows: Construction and development of a church and multi-purpose facility and develooment of sinl!le family residences on 12 acres that complies with the lot size. frontage and density standards of the R-8 zone with a minimum house square footal!e of 1400 square feet which conforms to the R -4 zone.. 3. That Owner/Deve1opers agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation of the Owner/Developers, or their ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-004 SHEPHERD CREEK SUBDIVISION) PAGE 1 OF 5 assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This addendum shall be binding on the Owners 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/Developers, to execute appropriate and recordable evidence of termination of this addendum if City, in its sole and reasonable discretion, had determined that Owner/Developers have fully performed its obligations under this Addendum. 5. 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. 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developers and City relative to the subject matter hereon, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developers 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. 7. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-004 SHEPHERD CREEK SUBDIVISION) PAGE 2 OF 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNERJDEVELOPERS: SHEPHERD'S CREEK, LLC ~w VALLEY SHEPARD CHURCH OF THE NAZARENE BY: "-, ~ ) .I (. ,)~ of)- .(- J2-1i~~ r:" /// .-' /' I,' V v' CITY OF MERIDIAN c!f~ft~'Sh\. "<t B~ALi' } WILLIAM G. BERG, JR., Y CLER~"'O ~r 1Si . t.i' ...." .., ~ "'" ,........ ,,/ .... " 11/// . "" 111'1/1 1~\\'" ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-004 sill#HERD CREEK SUBDIVISION) PAGE 3 OF 5 ~k 12---/9-06 Attest: STATE OF IDAHO ) : ss: County of Ada ) IL C On this 1: day of ~, 2006, efoje me, th pndersigned, a Notary Public in and for said State, personally appeared e--d.- on behalf of ShepJJ~f(:!'s. ~r~eJc~LLC, known or identified to me to the vJ1l'~ of said ~'1tti~h~~CU]ed the instrument on behalf of said corpbration, and acknowledged to me that he executed the same. - IN WJ;I'NES&,~HEREOF, I have hereunto set my hand and affixed my official seal the day anA ~rll. &h,Yfoctificate fIrst above written. .' _~.~V.:;~~-~~ : ,-..;-' .. .. '( ~ '...... ';c)" / 'J; l ..j.O't A,t l' \ -; ;;~: ~ ~: : : ..._ 'JIi : ~. ~ ~ (SEA\jr \ PUB\.\ lo l ~ ..J'.. ... ~ ~ ...., l' ........."" 'to ...... '" -'ll'E O"f \'v ~~.. '#" ..,~ .."........ _.._~. Notary Pub c for ~o_ Residing at: . o44-R. My Commission Expires: tf-3,-t!J? STATE OF IDAHO ) ss: County of Ada ) On this ilk. day of n.p L~ f.-e",- , 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared XE-fl{et ]). ,-J(j0/l_<eJr"I on behalf of Valley Shepherd Church of the Nazarene, known or identified to me to be the f.k...5:",....... of said church, who executed the instrument on behalf of said , church, and acknowledged to me that he executed the same. JI JptJf I ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-004 SHEPHERD CREEK SUBDIVISION) PAGE 4 OF 5 STATE OF IDAHO ) : ss County of Ada ) On this~ day of ~mrl::::e..v- , 2006, 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ....... .. MG.. ..~'l-:.-~_:._-!fl.... (SE~~{OT~.b>,~~. . " ...... "T ~. ""... . ' ~, . ' " . . ' , . . : : . . , , . . ' , . . \ , . \ , . .~~19:~.. ..<u.W~" , Xu 01 rY1 .h A 0 0 "'--.) Notary Public for Idaho Residing at: en \rill t t A, ID Commission expires: In-II-II ADDENDUM TO DEVELOPMENT AGREEMENT (MI 06-004 SHEPHERD CREEK SUBDIVISION) PAGE 5 OF 5 / EXHIBIT A Legal Description Of Proper1;y < A tract of land located in the Northeast one~quarter of the Southeast one~quarter of Section 24, Township 3 North, Range I West, Boise-Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast comer of the Southeast one- quarter of said Section 24, thence along the easterly line of said Southeast one-quarter South 000_371_31" West a distance of 188.40 feet to a steel pin located at the Southeast corner of that property conveyed. to William O. Aaron and Jean L. Aaron, husband and wife, in that warranty deed recorded July 19, 1985 as Instrument No. 8537566, Records of Ada County, Idaho, said point being the POINT OF BEGINNING. Thence along the southerly line of said Aaron tract, North 870-08' .' West a distance of 94.40 feet to a steel pin; Thence continuing along the southerly line of said Aaron tract, North 890-581-30" West a distance of 1231.55 feet, more or less, to the Southeast comer thereof, said point being on the westerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along said westerly line South Ooo-291~01" West a distance of 1142.52 feet, more or less, to the Southwest corner of the Northeast one-quarter of the Southeast one-quarter of said . Section 24; Thence along the southerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, South 890-55'-18" East a distance of 1323.03 feet, mOre or less, to the Southeast comer of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the easterly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, North 000-37'-31" East a distance of 1142.10 feet, more or less, to the POINT OF BEGINNING. The above described tract of land contains 34.84 acres, more or less. subject to all rights-of-way and easements. 20DI FE 22 P~1 1; 33 RECO~~i~ FEE '-6- DEPUTY ~ 101015259 ADA COUNTY RECORDER J. OAVl[} !L~'/AR~O lUi"3[' lCi~HQ DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian Valley Shepherd Church of the Nazarene, Inc., OwnetlDeveloper THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this / 'It/} day of ;JP"U&O-'", , 200/ , by and between CITY OF MERJ:OlAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and VALLEY SHEPHERD CHU~CH OF THE NAZARENE, INC., hereinafter called "OWNER"/DEVELOPER", whose address is 831 East First Street, Meridian, Idaho 83642. 1. RECITALS: 1.1 WHEREAS, "Owner"/Developer" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, LC. 967 -651 lA, Idaho Code, provides that cities may. by ordinance, require or permit as a condition of re-zoning that the "Owner" or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owner'TDeveloper" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of R.8 Medium Density Residential District, (Municipal Code of the City of Meridian); and DEVELOPMENT AGREEMENT (AZ-OO-018) - 1 1.5 WHEREAS, "Owner"/"Developer" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and 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 2"'1> day of diiJttlf~j-~) Zoot ,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" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNER"j"DEVELOPER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owner"t'Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning DEVELOPMENT AGREEMENT (AZ-OO-018) - 2 designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, TIIEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the . following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER"rDEVELOPER": means and refers to Valley Shepherd Church of the Nazarene, Inc., whose address is 831 East First Street, Meridian. Idaho 83642, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "Al>, attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT (AZ.OO.018) .3 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 (D) which are herein specified as follows: Construetion and development of a church and a multi-purpose facility. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner"/"Devdoper" is required to submit to "City" .an application for conditional use permit, and shall be required to obtain the "City'" s approval thereof, in accordance to the City's Zoning & Development Ordinance criteria, therein, provided, prior to, and' as a condition oft the commencement of construction of any buildings or improvements on the "Property". 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.A "Owner"/"Developer" shall develop the "Property" in accordance with the following special conditions: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 6.1 All irrigation ditches, laterals or canalst exclusive of natural waterwayst intersectingt crossing or lying adjacent and contiguous :to the parcel shall be tiled per City Ordinance 12-4~13. Plans shall be approved by the appropriate irrigation/drainage districtt or lateral users association, with written confirmation of said approval submitted to the Public Works Department. DEVELOPMENT AGREEMENT (AZwOO-018) - 4 6.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 6.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 6.4 Two-hundred-fifty- and 100-watt, high-pressure sodiwn 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. 6.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6.6 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 6.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 6.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 6.9 All construction shall conform to the requirements of the Americans with Disabilities Act. DEVELOPMENT AGREEMENT (AZ,OO-018) . 5 6.10 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 6.11 Buffering of adjacent properties shall be reviewed during the conditional use permit process. 6.12 Approximately half of the 35-acre parcel proposed for annexation is designated to sewer into the Black Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12- inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-inch gravity sewer line in Overland Road which shall be at or over capacity at build- out of Bear Creek Subdivision. The Bear Creek developer . and his engineer are aware that as additional phases are developed, flows into the eight.inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure 'sewer to the Ten Mile Trunk along the east-bound off ramp of 1-84. AB per P/Z and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it. Adopt the Recommendations of the Ada County Highway District as follows: 6.13 The applicant shall have a maximum of two driveways on . Meridian Road. The driveways shall offset or align a minimum of 600 feet from any existing or proposed driveways or roadways on Meridian Road. 6.14 The applicant shall be required to pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement of Meridian Road (SH-69) and install DEVELOPMENT AGREEMENT (AZ.OO-018) - 6 pavement tapers with 15~foot radii abutting the existing roadway edge. 6.15 The applicant shall be required to construct a 5~foot-wide concrete sidewalk on Meridian Road (SH-69) abutting the developed portion of the site. Coordinate the location of the sidewalk with ITD staff. 6.16 Comply with requirements of ITD for State Highway 69 (Meridian Road) frontage. Submit to the District a letter from ITO regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 6.17. When a specific development application for this site is received, staff shall evaluate the need for a residential collector roadway along the north property line. 6.18 In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 6.19 As required by District policy. restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Additionally. at the City Council meeting held December 19, 2000, the below conditions are required: 6.20 Pursuant to the terms of this Development Agreement between the Applicant and the City before the annexation ordinance will be adopted, the Applicant, or its successors and assigns, covenant that the uses for the parcel will be restricted to the following: worship center, common area/fellowship area, gymnasium, classrooms for religious instruction, prayer chapel, recreation areas, bus garage/shop, recreational vehicle center, school, daycare, and senior center. This delineation of allowed uses does DEVELOPMENT AGREEMENT (AZ~OO~018) - 7 not supercede any city ordinances or state statutes pertaining to application procedures, public hearings, etc. which may be required before any such facilities could be built, including but not limited to the City of Meridian's conditional use permit process. The Applicant must agree that any uses the Applicant intends to put on this parcel can only be done through a planned unit development or a conditional use permit. Only a portion of the property is serviceable by sewer from the Meridian Trunk Line. The westerly portion can not be developed until the Black Cat Tnmk Sewer is extended to serve the property. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner"/"Developer" or "Owner"/"Developer"'s heirs, successors, assigns, to comply with Section 6 entitled j'Conditions Governing Development of subject "Property" of this agreement within two years of the date this Agreement is effective, anq. after the "City" has complied with the notice and hearing procedures as outlined in I.e. ~ 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner"/"Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner"/"Developer" and if the "Owner"f"Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner"/"Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance DEVELOPMENT AGREEMENT (AZ-OO-O 18) - 8 with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner"f"Developer", "Owner"/"Developer'" s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection , with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. 1 0.2 A waiver by "City" of any default by "Owner"j"Developer" 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 "Owner"/"Oeveloper'''s cost, and submit proof of such recording to "Owner"/"Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate 'instrument of release of this Agreement. 12. ' ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or " Owner"/" Developer" , or by any successor or successors in title or by the assigns of the parties hereto. DEVELOPMENT AGREEMENT (AZ-OO-018) - 9 Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions. and obligat~ons contained herein. I 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Owner"/"Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided. however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period. if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity. then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner"/"Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation. acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code ~ 12-5-3, to lnsure that installation of the improvements, which the "Owner"/"Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owner"/"Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner"/"Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be DEVELOPMENT AGREEMENT (AZ-OO-018) .10 issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owner"/"Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: do City Engineer City of Meridian 33 E. Idaho Ave. Meridian, 10 83642 Valley Shepherd Church of the Nazarene 831 East First Street Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. 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 th~ parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between DEVELOPMENT AGREEMENT (AZ-OO-OI8) - 11 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 constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. C&City" agrees, upon written request of &cOwner";UDeveloper", to execute appropriate and recordable , evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Owner"rDeveloper" 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 c'Owner'" {"Developer" and uCity" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Owner"/"Developer" and "City", other than as are stated herein. Except as herein "otherwise provided, no subsequent . alteration. amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their DEVELOPMENT AGREEMENT (AZ-OO-OI8) - 12 successors in interest or their' assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modifieci or amended without the approval of the City Council after the" "City" has conducted public hearing ( s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Oerk. DEVELOPMENT AGREEMENT (AZ-OO-018) - 13 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. VALLEY SHEPHERD CHURCH OF THE NAZARENE LZ~/rr BY: Attest: BY RESOLUTION NO. CITY OF MERIDiAN ~YRiSOLUTION~O DEVELOP:MENT AGREEMENT (AZ-OO-018) - 14 STATE OF IDAHO) :ss COUNTY OF ADA) On this Iq'!!' day of Janua...ry , in the year Zoo I , 'befor~ me, f2he1*^f ~r;2.A-a Notary Public, personally appeared j)a.Vtd\ L... [,D'I- , known or identified to me to be the person who executed the instrument and acknowledge to me having executed the same. (SEAL) .......,. .0 ~ tT .. ..~~"'~~.~'? .. ..~/..::OT~;.~\ ... i~ ***\ ~ .tn, I . . I : · . \ I · . \ / . ...~~,..~\~~.... . ~_.' . .. OPID.. ........ STATE OF IDAHO ) :ss County of Ada , _I L On this (()f1.l s' .' - ' NOtary~O Conunission expires: t'f -z'h -Ob dayof ~"( , in the year 2bhL, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, oithe City of Meridian, who executed the instrument or the person that executed the instrument .of brJa,a}{.~ said City, and acknowledged to me that such City .. "0. tr rt -. executed the ~F~'-~~.. l~~OT~~ ..~ . .~ *** \ . :rn: ' : . \ . . . \ / . (SEAL) · \\ A~. l. o. ~".zUBl,.\~~ .. ...17iCi'n>~.. ........ Z:\Work\M\Meridian\Meridian lS360M\NazareneChurchAZOI8\DevelopAgr.wpd DEVELOPMENT AGREEMENT (AZ-OO-OI8) - 15 EXHIBIT A Legal Description Of Property '. A tract of land located in the Northeast one-quarter of the Southeast one-quarter of Section 24, Township 3 North, Range 1 West, Boise-Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast comer of the Southeast one. quarter of said Section 24, thence along the easterly line of said Southeast one-quarter South 000-37'-31" West a distance of 188.40 feet to a steel pin located at the Southeast comer of that property conveyed to William O. Aaron and Jean L. Aaron, husband and wife, in that warranty deed recorded July 19, 1985 as Instrument No. 8537566, Records of Ada County, Idaho, said point being the POINT OF BEGINNING. Thence along the southerly line of said Aaron tract, North 870.08' -' West a distance of 94.40 feet to a steel pin; Thence continuing along the southerly line of said Aaron tract, North 890-58'-30" West a distance of 1231.55 feet, more or less, to the Southeast corner thereof, said point being on the westerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along said westerly line South 000-29'.01" West a distance of 1142.52 feet, more or less, to the Southwest corner of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the southerly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, South 890.55'-18" East a distance of 1323.03 feet, more or less, to the Southeast comer of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the easterly line of the Northeast one-quarter of the Southeast one-quarter of said Section 24, North 000-371-31" East a distance of 1142.10 feet, more or less, to the POINT OF BEGINNING. The above described tract of land contains 34.84 acres, more or less, subject to all rights-of-way and easements. DEVELOPMENT AGREEMENT (AZ-OO.018) - 16 EXHIBIT B Findin~ of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT (AZ-OO-018) -17 BEFORE THE MERIDIAN CITY COUNCIL ac 12-19-00 IN THE MATTER OF THE ) APPLICATION OF VALLEY ) SHEPHERD NAZARENE ) CHURCH, THE APPLICATION ) FOR ANNEXATION AND ) ZONING OF 34.84 ACRES FOR ) A CHURCH AND VACANT ) LAND, LOCATED ON THE ) WEST SIDE OF MERIDIAN ) ROAD BETWEEN OVERLAND ) ROAD AND VICTORY ROAD, ) MERIDIAN, IDAHO ) ) Case No. AZ-OO-018 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING The above entitled annexation and zoning application having come on for public hearing on December 19, 2000, at the hour of 7 :30 p.m., and Shari Stiles, Pl~nning and Zoning Administrator, and Gary Smith, Public Works Department, appeared and testified, and appearing on behalf of the Applicant was Scott Field, and appearing and testifying were Jim Jewett and Dean Oberst, and no one appeared in opposition, and the City Council having duly considered the evidence and the record FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPliCATION FOR ANNEXATION AND ZONINGlBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-018) I Page 1 " in this matter therefore makes the following Findings of Fact and Conclusions of Law. and Decision and Order: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for December 19, 2000, before the City Council. the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing; and that copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the December 19, 2000, public hearing; and the applicant, affected property owners, and government subdivisions pr~viding services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~~ 67-6509 and 67-6511. and Meridian City Code ~~ 11-15-5 and 11-16-1. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION I FOR ANNEXA nON AND ZONING/BY VALLEY SHEPHERD . , . . NAZARENE CHURCH I (AZ-OO-O 18) Page 2 1" 3. The City Council takes judicial notice of its zoning, subdivisions and development ordinances codified at Titles II and 12, Meridian City Code, and all . current zoning maps thereof, and the Comprehensive Plan of the City of Meridian , , adopted December 21,1993, Ordinance No. 629, January 4,1994, and maps and the ordinance establishing the Impact Area Boundary. 4. The property which is the subject of the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. 5. The property is approximately 34.84 acres in size and is located on the west side of Meridian Road between Overland Road and Victory Road. 6. . The owner of record of the subject property is the Valley Shepherd Church of the Nazarene, Inc., of Meridian, Idaho. 7. APplicant is owner of record. 8. The property is presently zoned by Ada County as RT, and consists of vacant land. 9. The Applicant requests the property be zoned as R-8. 10. The subject property is bordered to the north by a vacant parcel in Ada County and by.:Elk Run & Bear Creek Subdivisions zone~ R-4, to the South by a vacant parcel in Ada County, by the approved Bear Creek Subdivision zoned R-4 to the west and RT zoning in Ada County to the east. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONINGIBYVALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) Page 3 11. The property which is the subject of this application is within the Area of Impact of th~ City of Meridian. 12. The entire parcel of the property is included within the Meridian Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 13. The Applicant proposes to develop the subject property in the following marmer: as a church and multi-purpose facility. 14. The Applicant requests zoning of the subject real property as R-B which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map ,which designates the subject property as residential. I . 15. There are no significant or scenic features of major importance that affect the consideration of this application. 16. Giving due consideration to the comment received from the governmental subdivisions pr~viding services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose exp'ense upon' the public if the following conditions of development are imposed: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: . 16.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12.4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-018) Page 4 written confirmation of said approval submitted to the Public Works pepartment. 16.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9~ 1-4 and 9~4~8. Wells may be used for non~domestic purposes such as landscape irrigation. 16.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance. Sections 11~13~4.C. and ~2~5.2.M. 16.4 Two~hundred-fifty~ and 1 DO-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. 16.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10.1-91) for all off~street parking areas. All site drainage shall be contained and disposed of on-site. 16.6 Off.street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 16.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of-Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be permitted. 16.8 Provide five.foot-wide sidewalks in accordance with City Ordinance Section 12~5.2.K. 16.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 16.10 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. . 16.11 Buffering of adjacent properties shall be reviewed during the conditional I' FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYVALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO~OI 8) Page 5 use permit process. 16.12 Approximately half of the 35-acre parcel proposed for annexation is designated to sewer into the Black. Cat Trunk which shall be constructed in the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12- inch sewer that shall be extended from Elk Run Subdivision. The Bear Creek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-in!=h gravity sewer line in Overland Road which shall be at or over capacity at build-out of Bear Creek Subdivision. The Bear Creek developer and his engineer are aware that as additional phases are developed, flows into the eight-inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be required to Ie-route the pressure sewer to the Ten Mile Trunk along the east-bound off ramp of 1..84. As per P/Z and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek Subdivision. No provisions are being made for any other development to sewer into it. Adopt the Recommendations of the Ada County Highway District as follows: 16.13 The applicant shall have a maximum of two driveways on Meridian Road. The driveways shall offset or align a minimum of 600 feet from any existing or proposed driveways or roadways on Meridian Road. 16.14 The applicant shall be required to pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement of Meridian Road (SH-69) and install pavement tapers with IS-foot radi~ abutting the existing roadway edge. 16.15 The applicant shall be required to construct a 5-foot..wide concrete sidewalk. on Meridian Road (SH-69) abutting the developed portion of the site. Coordinate the location of the sidewalk with ITD staff. ~: 16.16 Comply with requirements of ITD fot State. Highway 69 (Meridian Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW.. AND DECISION AND ORDER GRANTING APPliCATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) Page 6 16. I 7 ~nen a specific development application for this site is received, staff shall evaluate the need for a residential collector roadway along the north property line. 16.18 In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 16.19 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Additionally, at the City Council meeting held December 19, 2000, the below conditions are required: r 16.20 Pursuant to the terms of the Development Agreement which must be entered into between the Applicant and the City before the annexation ordinance will be adopted, the Applicant, or its successors and assigns, must covenant that the uses for the parcel will be restricted to the following: worship center, common area/fellowship area, gymnasium, classrooms for religious instruction, prayer chapel, recreation areas, bus garage/shop, recreational vehicle center, school, daycare, and senior center. This delineation of allowed uses does not supercede any city ordinances or state statutes pertaining to application procedures, public hearings, etc. which may be required before any such facilities could be built, including but not limited to the City of Meridian's conditional USe permit process. The Applicant must agree that any uses the Applicant intends to put on this parcel can only be done through a planned unit development or a conditional use permit. Only a portion of the property is serviceable by sewer from the Meridian Trunk Line. The westerly portion can not be developed until the Black Cat Trunk Sewer is extended to serve the property. 17. It is found that if the developer pays for the requested improvements and complies with the conditions set forth in these Findings of Fact No. 16, and all sub~parts, the economic welfare of the City and its residents and tax and rate payers FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE ~HURCH / (AZ~OO~O 18) Page 7 will be protected. which requirement shall be included in a development agreement, a condition of arinexation and zoning designation. 18. It is also found that the development considerations as referenced in Finding No. 16 are reasonable to require and must be taken into account, in order to assure the proposed development is designed. constructed, operated and maintained in a manner which is harmonious and appropriate in appearance with the existing, or intended character of the general vicinity. in order to assure that the proposed use will not change the essential character of the affected vicinity and will insure that the proposed uses will not be hazardous or disturbing to the existing, or future neighboring uses, particularly considering the impact of proposed development on potential to produce excessive traffic, noise. smoke. fumes, glare and odors. 19. It-ris found that the zoning of the subject real property as Medium Density Residential District (R~8) requires connection to the Municipal Water and Sewer systems and will be compatible with the Applicant's development intentions, and will assure that the zoning is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as residential. 20. The subject annexation request and zoning de~ignation and proposed development relates and is compatible to the goals and policies of the Comprehensive Plan of the City as follows: 20.1 The consideration of the provisions of the Comprehensive Plan and the FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ AND DECISION AND ORDER GRANTING APPliCATION FOR ANNEXATION AND ZONINGlBYVALLEY SHEPHERD NAZARENE CHURCH / (AZ~OO~OI 8) Page 8 re'luirements of the zoning ordinance assure that the processing of such application is the management of growth with the aim to achieve high- ql.l:ality development, Enhancement of Meridian's quality of life for all residents is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to all applications such as the subject application. 20.2 This proposed new growth development will finance public service expansion by the requirement herein that the applicant comply with the requests submitted of the political subdivisions responses within the Meridian Urban Service Planning Area submitted in the record of this matter. 20.3 The application is consistent with Meridian's self identity. 20.4 The preservation and improvement of the characte.r and quality of Meridian"s man-made environment while maintaining its identity as a self-sufficient community is achieved by applying the criteria of the Comprehensive Plan and the zoning ordinance of the City to the subject application. 20.5 Compliance with the requests of the political subdivisions providing services, assures that community services are being provided for existing and projected needs and that the land use patterns of the City are balanced to insure that revenues pay for services and that the Urban Service Planning Area is visually attractive, efficiently managed and clearly identifiable. 20.6 C()mpatible and efficient use of land through innovative and functional site design is achieved by applying the criteria of the Comprehensive Pl~n and the zoning ordinance of the City to the subject application. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. This does not imply that the project can be served by temporary means through the Bear Creek Subdivision. ,Sanital)' sewer services shall comply with the approved City of Meridian Sanitary Sewer Facility Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-OI 8) , Page 9 CONCLUSIONS OF LAW 1. T~e City of Meridian has authority to annex real property upon written request for annexation and the real property being contiguous or adjacent to city boundaries and that said property lies within the area of city impact as provided by Idaho Code Section 50-222. The Meridian City Code ~ 11-16 provides the City may annex real prop~rty that is within the Meridian Urban SeIVice PI arming Area as set forth in the City's Comprehensive Plan. 2. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 3. The City of Meridian has exercised its authority and responsibility as provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67, Idaho Code by the adoption of 'Comprehensive Plan. City of Meridian, adopted December' 21, 1993, Ord. No. 629 . January 4. 1994.' 4. The following are found to be pertinent provisions of the City of Meridian Comprehensive Plan and are applicable to this Application: 4.A The Goals of the Comprehensive Plan are set forth at Page 5 and include: 4.1 To preserve Meridian's environmental quality and to make provisions for and improve the total natural environment by adopting City-wide and Urban Service Planning Area policies. which deal with area-specific policies and programs. FINDINGS OF FACT AND CONCLUSIONS OF LAW- AND DECISION AND ORDER GRANTING APPUCATION FOR ANNEXATION'AND ZONINGIBY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) Page 10 4.2 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. 4.3 f To encourage the kind of economic growth and development which supplies employment and economic self-sufficiency for existing and future residents, reduces the present reliance on Boise and strengthens the City's ability to finance and implement public improvements, services and its open space character. 4.4 To provide housing opportunities for all economic groups within the community. 4.5 To preserve and improve the character and quality of Meridian's man-made environment while maintaining its identity as a self-sufficient community. 4.6 To encourage cultural, educational and recreational facilities which will fill the needs and preferences of the citizens of Meridian and to insure that these facilities are available to all residents of the City., 4.7 To provide community services to fit existing and projected needs. . 4.8 To establish compatible and efficient use of land through the use of innovative and functional site design. 4.9 To encourage a balance of land use patterns to insure that revenues pay for services. 4.10 To create an Urban Service Planning Area which is visually attractive, efficiently managed and clearly identifiable. 5. The zoning of Medium Density Residential District. (R-B) is defined in FINDINGS OF FACT AND CONCLUSIONS OF LAW . AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) Page 11 the Zoning Ordinance at i 11-7-20 as follows: (R-8) Medium Density Residential District: The purpose of the R~8 . District is to permit the establishment of single~ and two~family dwellings at a density not exceeding eight (8) dwelling units per acre. This District delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal water and sewer systems of the City is required. 6. By authority of the City of Meridian under the Comprehensive Plan, a . conditional use permit is required for Applicant to construct and develop a church and multi-purpose facility. 7. Since the annexation and zoning of land is a legislative function. the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65,665 P2d 1075 (1983). 8. The development of the annexed land. if annexed, shall meet and comply with the Ordinances of the City of Meridian including, bu~ not limited to: Section 12- 2-4 which pertains to development time schedules and requirements; Section 12-4-13. which pertains ,to the piping of ditches; and Section 12-5-2 N, which pertains to pressurized irrigation systems. 9. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinances of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYVALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) Page 12 10. Section 11-16-4 A of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is requir~d or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. Unless the commitment is modified or terminated by the City Council, the commitment shall be binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the property. A conunitment is binding on the owner of the property even if it is unrecorded; however; an unrecorded commitment is binding on subsequent owners and each o~er' person acquiring an interest in the property only if the subsequent owner and each other person acquiring an interest in the property has actual notice of the commitment. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING " . FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby Order and this does Order: 1. The applicant's request for annexation and zoning of approximately 34.84 acres to Medium Density Residential District (R-8) is granted subject to the terms and conditions of this Order hereinafter stated. 2. The application is for annexation and zoning of 34.84 acres. The legal I description shall be prepar~d by. a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. FINDINGS O~ FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYVALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) Page 13 158. The legal description for annexation must place this parcel contiguous to the Corporate City. limits per Ordinance No. 686. 3. Developer enter into a Development Agreement that provides in the event the conditions therein are not met by the Developer that the property shall be subject to de.annexation, with the City of Meridian, which provides for the following conditions of development, to-wit: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: 3.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, in~ersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. . 3.2 Any existing domestic wells and/or septic systems within this project shall have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9.4.8. Wells may be used for non.domestic purposes such as landscape irrigation. 3.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 1l.13.4.C. and 12-5.2.M. 3.4 Two-hundred-fifty- and 100.watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typica1locations are at street intersections and/or fire hydran~s. 3.5 A: drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10..1.91) for all off.street parking areas. All site drainage shall FINDINGS OF FACT AND CONCLUSIONS OF LAW. AND DECISIqN AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYVALLEY SHEPHERD NAZARENE CHURCH / (AZ.QO.O 18) Page 14 be contained and disposed of on-site. 3.6 Off-street parking shall be provided in accordance with the City of M:eridian Ordinance 11-13 for use of propeny. 3.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs shall be pe:.:mitted. 3.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 3.9 All 'construction shall conform to the requirements of the Americans with Disabilities Act. 3.10 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 3.11 Buffering of adjacent properties shall be reviewed during the conditional use pennit process. 3.12 Approximately half of the 35-acre parcel proposed for annexation is designated to sewer into the Black Cat Trunk which shall be constructed in. the future through Bear Creek Subdivision to the west. The other half, fronting Kuna-Meridian Road, is designated to sewer into the 12-, inch sewer that shall be extended from Elk Run Subdivision. The Bear Cteek Subdivision lift station shall be designed to serve only itself. The lift station shall discharge into an existing eight-inch gravity seWer line in Overland Road which shall be at or over capacity at build-out of Bear Creek Subdivision. The Bear Creek developer and his. engineer are aware that as additional phases are developed. flows into the eigh~-inch receiving sewer shall be monitored and, if capacity is exceeded, they shall be required to re-route the pressure sewer to the Ten Mile Trunk along the east-bound off ramp of 1-84. As per P/Z and Council approval of the Bear Creek project, the lift station is being sized only for Bear Creek SQ.bdivision. No provisions are being made for any other development to sewer into it. Adopt the Recommendations of the Ada County Highway District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FORANNEXt\TION AND ZONINGIBYVALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-018) Page 15 3.13 The applicant shall have a maximum of two driveways on Meridian Road. The driveways shall offset or align a minimum of 600 feet from any existing or proposed driveways or roadways on Meridian Road. 3.14 The applicant shall be required to pave the driveways their full width and at least 30 feet into the site beyond the edge of pavement of Meridian Road (SH-69) and install pavement tapers with IS-foot radii abutting the existing roadway edge. 3.15 The applicant shall be required to construct a 5-foot-wide concrete sidewalk on Meridian Road (SH-69) abutting the developed portion of the site. Coordinate the location of the sidewalk with ITD staff. 3.16 Comply with requirements of lID for State Highway 69 (Meridian Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a bUilding permit (or other required permits), whichever occurs first. . 3.17 When a specific development application for this site is received, staff shall evaluate the need for a residential collector roadway along the north propeny line.- 3.18 In accordance with District policy, stub streets to the undeveloped parcels abutting this site may be required upon review of a future application for this site. 3.19 As required by District policy, restrictions on the width. number and locations of driveways, shall be placed on future development of this parcel. Additionally, at the City Council meeting held December 19, 2000, the below conditions are required: 3.20 Pursuant to the terms of the Development Agreement which must be eritered into between the Applicant and the City before the annexation ordinance will be adopted, the Applicant. or its successors and assigns, must covenant that the uses for the parcel will be restricted to the following: worship center, common area/fellowship area, gymnasium, classrooms for religious instruction, prayer chapel. recreation areas, bus FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPliCATION FOR ANNEXATION AND ZONING/BY VALLEY SHEPHERD NAZARENE CHURCH I (AZ-OO-OI B) Page 16 g*agelshop7 recreational vehicle center7 school 7 daycare, and senior center. This delineation of allowed uses does not supercede any city ordinances or state statutes pertaining to application procedures, public hearings, etc. which may be required before any such facilities could be built7 including but not limited to the City of Meridian's conditional use permit process. The Applicant must agree that any uses the Applicant intends to put on this parcel can only be done through a planned unit development or a conditional use pennit. Only a portion of the property is. serviceable by sewer from the Meridian Trunk Line. The westerly portion can not be developed until the Black Cat Trunk Sewer is eJetended to serve the property. 4. The City Attorney shall prepare for consideration by the City Council the appropriate ordinance for the annexation and zoning designation of the real property which is the subject of the application to (R-8) Medium Density Residential District, and ~eridian City Code ~ 11-7-2 D. 5. ' Subsequent to the passage of the Ordinance provided for in section 4 of this Order the, engineering staff of the Public Works Department shall prepare the appropriate mapping changes of the official boundaries and zoning maps as provided in Meridian City Code ~ 11-21-1 in accordance with the provisions of the annexation and zoning ordinance. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code 9 67-6521 an affected person is a person who has an interest in real property which may be adversely affected by the issuance or denial of the armexation and zoning and who may within twenty-eight (28) days after FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ AND DECISION AND ORDER GRANTING APPLICATION ; FOR ANNEXATION AND ZONINGlBYVALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-018) Page 17 ,..- the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 2 All day of J~d ROLL CALL .' 200{ , COUNCILMAN RON ANDERSON VOTED$A-, COUNCILMAN KEITH BIRD VOTED ~&<.- COUNCILWOMAN TAMMY deWEERD VOTEO-?- COUNCILWOMAN CHERIE McCANDLESS VOTED $4....-- MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: /-.2 -0/ - VOTED MOTION: I1f) ,APPROVED:~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and the City Attorney. ~~Of~ ,~.... ~ ,,~ . ~.., . 'Q'~.i'.:t."\ '- B. ,bt&,~,'.,,t-~r; Dated: 1-2-01/ r '0() \ Ity Clerk _ SEAL f msglZ:\Work\M\Meridian\Meridian 15360M\Naz.areneChurchAZ018\AZFfClsOrder.wpd : ~_ ~ if \ 7... ~ "' 'D .~" "iC. ~ ,.,. t8't , ~- .J." ,,'" ~. -=--: 'f)'i' ",f' "i.~~P~.~18 4'1"""....",",- FINDINGS OF FACT AND CONCLUSIONS OF LAW - AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING/BYVALLEY SHEPHERD NAZARENE CHURCH / (AZ-OO-O 18) " .--.. WW"'" , ....v........n... I.II\VIU .YAnnu BOISE IDAHO 08114103 12:32 PM DEPUTY Michelle Turner ~:~~Eg~REQUEST OF 11111"'11I11111111111111111I AMOUNT .00 1133137111 '- FIRST ADDENDUM TO EXlDBIT "R'LEGA~S; UJ' lliJi; DEVELOPMENT AGREEMENT (CASE NO. AZwOO.(18) The following is an addendum to that certain Development Agreement between the City of Meridian and Valley Shepherd Church of the Nazarene, Inc., OwnerlDeveloper, specifically to the Exhibit "A", which is subsequent to the entering into of the original Development Agreement dated January 19, 2001, and recorded in the Ada COWlty Recorder's office as Instrwnent No. 101015259. The parties hereto agree as follows: A. The Development Agreement dated January' 19, 2001, as it pertains to Exhibit "A" legal description, is amended to read: EXHIBIT" A" Legal Description Of Property A tract of land located in the Northeast one-quarter of the Southeast one-quarter of Section 24, Township 3 North, Range 1 West, Boise-Meridian, Ada County, Idaho, more ,particularly described as follows:. " " " , , Commencing at the Northeast comer of the Southeast one-quarter of said Section 24, thence along the easterly line of said SE one-quarter S 000.37'-31" W a distance of 188.40 feet to a steel pin located at the Southeast comer of that property conveyed to William O. Aaron and Jean L. Aaron, h1,lsband and wife, in that warranty deed recorded July 19, 1985 as Instrument No. 8537566, Records of Ada County, Idaho, said point being the POINT OF BEGINNING. Thence along the southerly line of said Aaron tract, North 870-08' West a distance of 94.40 feet to a steel pin; Thence continuing along the southerly line of said Aaron tract, North 89c;.58' -30" West a distance of 1231.55 feet, more or less, to the Southeast comer thereof, said point being on the westerly line of the Northeast one~quarter of the Southeast one-quarter of said Section 24; Thence along said westerly line South Ooo~29'.OI" West a distance of 1142.52 feet, more or less, to the Southwest comer of the Northeast one-quarter of the Southeast one-quarter of said Section 24; Thence along the southerly line of the Northeast one-quarter of the Southeast one- quarter of said Section 24, South 890-55'wI8" East a distance of 1323.03 feet, more or less, to the Southeast comer of the Northeast one-quarter of the Southeast one.quarter of said Section 24; FIRST ADDENDUM TO THE DEVEWPMENT AGREEMENT (ORIGINAL CASE NO. AZ-OO-OI8) PAGE I ofS Thence along the easterly line of the NortheaSt one.quarter of the Southeast one- quarter of said Section 24, North 000.37' .31" East a distance of 1142.10 feet, more or less, to the POINT OF BEGINNING~ The above described tract of land contains 34.84 acres, more or less, subject to all rights-of.way and easements. AND A parcel ofland located in the NE Y4 of the SE Y4 of Section 24, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast comer of the SE Y4 (East ~ comer) of Section 24, T.3N., R. 1 W., B.M., thence N 89027'07" W 65.00 feet along the north line of said SE ~ to a point on the westerly right of way of the Kuna-Meridian Highway, the REAL POINT OF BEGINNING of this description; Thence S 00039'02" W 185.77 along said right of way to a point; Thence N 87008'00" W 32.35 feet to a point; Thence N 89027'12" W 395.98 feet to a point; Thence N 24042'55" E 9.61 feet to a point; Thence N 48033'22" E 243.90 feet to a point; Thence N 85028'57" E 141.94 feet to a point on the north line of said SE 14; Thence S 89027'07" E 102.05 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 1.387 acres, more or less. EXCEPT: A parcel of land located in the NE Y4 of the SE Y4 of Section 24, Township 3 North, Range 1 West of the Boise Meridian, 'Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast comer of the SE ~ (East 114 comer) of Section 24, T. 3N., R.l W., B.M., thence N 89027'07" W 65.00 feet along the north line of said SE ~ to a point on the westerly right of way of the Kuna-Meridian Highway; FIRST ADDENDUM TO THE DEVELOPl\1ENT AGREEMENT (ORIGINAL CASE NO. AZ-OO-O 18) PAGE 2 of5 Thence S 00039'02" W 185.77 feet along said right of ~ay to' a point; Thence N 87008'00" W 32,35 feet to a point; r. Thence N 89027' 12" W 395,98 feet to the REAL POINp OF BEGINNING of this description; Thence N 89027'12" W 821.92 feet to a point on the west line of the NE Y4 of the SE Y4' . , Thence S 00045'52" W 95.51 feet along said west line to a point; Thence S 89027'07" E 779.42 feet to a point; Thence N 24042'55" E 104.71 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 1.756 acres, more or less. B. It is agreed between the "City" and "Owner" and "Developer" that the development project of Valley Shepherd Church of the Nazarene, Inc, shall be fully incorporated into the original development agreement with Valley Shepherd Church of the Nazarene, Inc., OwnerlDeveloper, and shall include the original conditions and the specific uses that were allowed within the original development agreement, and shall apply to the Valley Shepherd Church of the Nazarene, Inc. project, Case No. AZ-OO-018. C, Except as modified by this First Addendum, the Development Agreement betweer the parties'dated January 19, 2003, is hereby ratified and confirmed, IT IS SO AGREED. DATEDANDSIGNEDthis 2g':1 day of J~ ,2003. CITY OF MERIDIAN B~~~ -rillho"":J WeL'l-d - G~C6~ 1'/. FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ-OO-018) PAGE 3 ofS Attest: BY:~C .~~~ Cl Clerk Attest: BY: BY: --z:4.:S,~ STATE OF IDAHO, ) : SS, County of Ada, ) fl t-.h. ' l'LJ J 0.1 . -c+- On this '_," dayof.TG ~~~ ,2003, before me, ~l.1iLtTYll~~ · a Notary Public, in and for the said state, personally apPeared~, G~..~4 William G. Berg, Jr., known or identified to me to be thell~~~ ~!ty. 1 r. re ~Ve~ ~fthe City of Meridian, who executed the instrument or, th~w.\ W the instrument of behalf of said City, and acknowledged to me that such City executed the same. ~....NS1:! . ~~~~~:~~.. .. '~OT~""~. :r.a r ~ J.. \~.. . , \ . : \' : : . I . . . . . I . .. .P:......!'Ym..\C:....~o... .;.fJt.,:."-~~~. , ..':"4Qf I.~.. ....... FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ.OO~OI8) (SEAL) 8htM fYl(~h"uH, Notary Public for Idaho Residing at: .4dA.fdut~ ~ Commission Expires: -zi-, 5" PAGE 4 of5 STATE OF IDAHO, ) : 5S. County of Ada, ) On this ;; 3 ...J/ day of :::r ...... I:j , 2003, before me, (Y\ a. r- I 1 et%:;r:':__~"'-a:~~~; a Notary Public in and for said state, personally appeared '7. A. 'l. ow n-. c:l... and.- known or identified to me to be the ',"?" 'i .J.o.r. and of Valley Shepherd Church of the Nazarene. Inc., and the persons who executed the instrwnent and acknowledged to me that they having executed the same on behalf of said Valley Shep'herd Church of the Nazarene, Inc. ",." ....... ' ..." Il. L ~" .....' '\ s;.", ..IJ 0 "',#. ii O/-~.....~C\~~ ~ ~, ,._,~\ S~! i'oTAR~, 'i (SEAL! : ..._ : * :: ..*, I .. \ \. PlIB\.\C ~. ! 0:. .p .. ..-..SJ !I ...... 1'>-1 .......... ~~ ~ ' ...." 1'/1 OF \~ ,~,.. r11,"tt.. ",,, -lr~,'"I~n" ~A'j~ ~ ~ No Public for Idaho . Residingat:~~.O~ .J~, Commission E pires: / 3'0 oC? . Z:\ Wark\M\Meridlan\Meridian 1 S360MNazarcneChurchAZO 18\ADDENDUMtoOcvAgmldtJc FIRST ADDENDUM TO THE DEVELOPMENT AGREEMENT (ORIGINAL CASE NO. AZ-OO-OI8) PAGE 5 ofS