Valley Shepherd Church DA RZ 06-032
ADA COUNTY RECORDER J, DAVID NAVARRO
BOISE IDAHO 03129/07 01 :49 PM
DEPUTY Neava Haney
RECORDED-REQUEST OF
Meridian City
AMOUNT .00
30
III 111111111111111111111111111111 1111
107044349
,.-".-./'
DEVELOPMENT AGREEMENT
PARTIES: 1.
2.
3.
City of Meridian
Valley Shepherd Church of the Nazarene, Owner
Paradigm Real Estate Holding, Developer
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and
entered into this day of , 2007, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called CITY, Paradigm Real Estate
Holding, whose address is 12058 Le Grange, Boise, Idaho 83709, hereinafter called
DEVELOPER, and Valley Shepherd Church of the Nazarene, whose address is 39 W. Pine,
Meridian, Idaho 83642, hereinafter called OWNERS.
1.
RECITALS:
1.1 WHEREAS, Developer and Owners are the sole owners, 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, LC. S 67-6511A, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
Developer and/or Owners 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 the Meridian Unified Development Code, which
authorizes development agreements upon the annexation and/or re-
zoning of land; and
1.4 WHEREAS, Developer has submitted an application for annexation
and re-zoning of the Property described in Exhibit A, and has
requested a designation of 0- T (Old Town District), Municipal Code
of the City of Meridian; and
1.5 WHEREAS, Developer and/or Owners made representations at the
public hearings both before the Meridian Planning & Zoning
Commission and before the Meridian City Council, as to how the
DEVELOPMENT AGREEMENT (RZ-OI3 VALLEY SHEPHERD CHURCH ~ 39 W, PINE)
PAGE 1 OF 12
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 13th day of March, 2007, 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 Developer and/or Owners to
enter into a development agreement with relation to the 0- T (Old
Town District) before the City Council takes final action on
annexation and zoning designation; and
1.9 DEVELOPER and/or OWNERS deem it to be in their best interest
to be able to enter into this Agreement and acknowledges that this
Agreement was entered into voluntarily and at their urging and
requests; and
1.10 WHEREAS, City requires the Developer and/or Owners 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
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.
DEVELOPMENT AGREEMENT (RZ-OI3 VALLEY SHEPHERD CHURCH- 39 W. PINE)
PAGE 2 OF 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 ofthe 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 DEVELOPER: means and refers to Paradigm Real Estate Holding,
whose address is 12058 Le Grange, Boise, Idaho 83709, the party
developing said Property and shall include any subsequent
developer(s) of the Property.
3.3 OWNERS: means and refers to Valley Shepherd Church of the
Nazarene, whose address is 39 West Pine, Meridian, Idaho 83642 the
parties that own a portion of said Property and shall include any
subsequent owner(s) of the Property.
3.4 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 re-zoned 0- T (Old Town
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 which are herein specified as follows:
Conversion of the existing home on the site to a professional office
in the proposed O-T zone on .43 acres, and the pertinent provisions
DEVELOPMENT AGREEMENT (RZ-013 VALLEY SHEPHERD CHURCH - 39 W. PINE)
PAGE 3 OF 12
of the City of Meridian Comprehensive Plan are applicable to this
RZ 06-013 application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. Developer/Owner and/or Owner shall develop the Property in accordance
with the following special conditions:
1. 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.
2. All future development of the subject property shall comply with City of
Meridian ordinances in effect at the time of development.
3. The applicant shall be responsible for all costs associated with sewer and
water service installation.
4. The following shall be the allowed uses on this property: Permitted and
accessory uses within the 0- T zone. All conditionally permitted uses in
said zone shall be subject to CUP approval.
5. The applicant shall be responsible to obtain a Certificate of Zoning
Compliance (CZC) permit from the Planning Department prior to the
conversion of the existing home to an office use.
6. Any exterior modifications or new construction shall be subject to the
standards outlined in the Downtown Meridian Design Guidelines.
7. The applicant shall be allowed to construct only one driveway access to
Pine Avenue, at a location to be approved by the Ada county Highway
District (ACHD). No other public street access to Pine Avenue will be
permitted to this site.
8. The applicant shall construct, at minimum, a 20-foot wide landscape
buffer along Pine Avenue. At such time as the existing structure is
removed or structurally altered, the landscaping may be removed as the
Downtown Design Guidelines and the 0- T District Regulations of the
UDC do not currently require street buffers along Pine.
9. The site shall be developed in general compliance with the concept plan
submitted by the applicant (no date).
10. The applicant shall complete all required improvements prior to obtaining
DEVELOPMENT AGREEMENT (RZ-O 13 VALLEY SHEPHERD CHURCH - 39 W. PINE)
PAGE 4 OF 12
a Certificate of Occupancy for the proposed development.
11. If the existing building ever is removed and a new building is built on the
site, that access to West Pine Avenue be abandoned and, thereafter,
access only be taken from West 1 st Street.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the Developer and/or Owners or Developers and/or Owners heirs,
successors, assigns, to comply with Section 5 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 ~ 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE~ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
Developer and/or Owners consent upon default to the reversal ofthe zoning
designation of the Property subject to and conditioned upon the following conditions
precedent to-wit:
7.1 That the City provide written notice of any failure to comply with this
Agreement to Developer and/or Owners and if the Developer and/or
Owners fails to cure such failure within six (6) months of such notice.
8. INSPECTION: Developer and/or Owners 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 ofthis Development Agreement and all
other ordinances of the City that apply to said Development.
9.
DEFAULT:
9.1 In the event Developer and/or Owners, or Developer and/or Owners'
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.
DEVELOPMENT AGREEMENT (RZ-013 VALLEY SHEPHERD CHURCH - 39 W. PINE)
PAGE 5 OF 12
9.2 A waiver by City of any default by Developer and/or Owners of any
one or more of the covenants or conditions hereof shall apply solely
to the breach and breaches waived and shall not bar any other rights
or remedies of City or apply to any subsequent breach of any such or
other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: City shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
Developer and/or Owners' cost, and submit proof of such recording to Developer and/or
Owners, prior to the third reading ofthe 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.
11. ZONING: City shall, following recordation of the duly approved Agreement,
enact a valid and binding ordinance zoning the Property as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by the City or Developer and/or Owners, or by any successor or successors in
title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate
action at law or in equity to secure the specific performance of the covenants, agreements,
conditions, and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties agree
that City and Developer and/or Owners 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.
12.2 In the event the performance of any covenant to be performed
hereunder by either Developer and/or Owners or City is delayed for
causes which are beyond the reasonable control of the party
DEVELOPMENT AGREEMENT (RZ-013 VALLEY SHEPHERD CHURCH - 39 W. PINE)
PAGE 6 OF 12
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.
13. 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, to insure that installation of the improvements, which the
Developer and/or Owners agree to provide, if required by the City.
14. CERTIFICATE OF OCCUPANCY: The Developer and/or Owners agree
that no Certificates of Occupancy will be issued until all improvements are completed, unless
the City and Developer and/or Owners have entered into an addendum agreement stating
when the improvements will be completed in a phased developed; and in any event, no
Certificates of Occupancy shall be issued in any phase in which the improvements have not
been installed, completed, and accepted by the City.
15. ABIDE BY ALL CITY ORDINANCES: That Developer and/or Owners
agree 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.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
DEVELOPER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Paradigm Real Estate Holding
12058 Le Grange
Boise, ID 83709
OWNERS:
Valley Shepherd Church ofthe Nazarene
39 West Pine
Meridian, ID 83642
DEVELOPMENT AGREEMENT (RZ-013 VALLEY SHEPHERD CHURCH - 39 W, PINE)
PAGE 7 OF 12
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
16.1 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.
17. 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.
18. 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.
19. 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 Developer and/or Owners 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 Developer and/or Owners, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable
discretion, had determined that Developer and/or Owners have fully performed its
obligations under this Agreement.
20. 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
DEVELOPMENT AGREEMENT (RZ-013 VALLEY SHEPHERD CHURCH - 39 W. PINE)
PAGE 8 OF 12
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between Developer and/or Owners
and City relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between Developer
and/or Owners 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.
21.1 No condition governing the uses and/or conditions governing re-zoning of the
subject Property herein provided for can be modified or amended without the
approval of the City Council after the City has conducted public hearing(s) in
accordance with the notice provisions provided for a zoning designation
and/or amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the Property and execution of the
Mayor and City Clerk.
DEVELOPMENT AGREEMENT (RZ-013 VALLEY SHEPHERD CHURCH - 39 W. PINE)
PAGE 9 OF 12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
Attest:
CITY CLERK
DEVELOPER:
PARADIGM REAL ESTATE HOLDING
OMn.in f'Vl/M(j4U
OWNERS:
VALLEY SHEPHERD CHURCH OF THE
AR E
CITY OF MERIDIAN
By~ko-<<4/
MA YOR MY de WEERD
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DEVELOPMENT AGREEMENT (RZ-013 VALLEY SHEPHERD CHURCH - 39 W. PINE)
PAGE 10 OF 12
STATE OF IDAHO, )
: ss
County of Ada, )
On this z,1. day of m ct... (..~ ,2007, before me, the urW~rsigned, a Notary
Public in and for said State, personally appeared ~~... ~ ,U,'S;1'\.Q.v- ,
known or identified to me to be the ~o.......", __ of Paradigm Real Estate
Holding, acknowledged to me that they executed~e same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
QAVtO J. ::':'
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Notary Public ~Idaho
Residing at: ~n I'>e. -:!:.c\a. ~
My Commission Expires:
STATE OF IDAHO, )
My Commission Expires On
November 12, 2007
: ss
County of Ada, )
On this;;',). day of J1JIr,.~ ,2007, before me, the undersigned, a Notary
Public in and for said State, personally appeared G e Q rct ~ Z,- o~\7S C---J2- ,
known or identified to me to be the 12(..,0 ft>- s~f..-...J-, _ : , 0 Valley Shepherd
Church of the Nazarene, acknowledged to m~ that they executed the same on behalf of said
church.
J~
Not Ri blic for Idaho
Residing at: Yn./A "..),,"""- I LfJ
My Commission Expires: Al/1t sf ;;t ( .i ni"
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DEVELOPMENT AGREEMENT (RZ-013 VALLEY SHEPHERD CHURCH - 39 W. PINE)
PAGE 11 OF 12
STATE OF IDAHO )
: ss
County of Ada )
On this t~+h dayof~~'lJ(/\ el\. ,2007, 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 City Clerk, respectively, of the City of Meridian, who executed
the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
(SEAL)
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Notary Public for Idaho
Residing at: (\I'LL U:>C'L .Jof
Commission expires: I D --1'\-11
DEVELOPMENT AGREEMENT (RZ-013 VALLEY SHEPHERD CHURCH - 39 W. PINE)
PAGE ]2 OF ]2
A. Legal Description
'-
/~y
tvevJ' JefNAL
November 1, 2006
Project: Garland Risner
MeRIDIAN FUBLiC;
WORKS OEPT.
ANNEXATION DESCRIPTION
TO INCLUDE THE CENTERLINE OF WEST PINE AVE. AND
WEST FIRST STREET ADJACENT TO SUBJECT PROPERTY
FOR GARLAND RISNER
BEING THE WEST 1/2 OF LOT 1, BLOCK 1
OF THE WEST VIEW ADDITION TO MERIDIAN
LOCATED IN THE NORTH 1/2 OF THE SOUTHEAST 1/4
SECTION 12
T.3N.,R.IW., B.M.,
CITY OF MERIDIAN, ADA COUNTY, IDAHO
A parcel of land being the West 1/2 of Lot 1, Block 1, of
West View Addition to Meridian to include to the centerline of West
pine AVe. and to the centerline of West First street adjacent to
subject property, as recorded in the Ada County Court House, Boise,
Idaho, and more particularly described as follows:
Beginning at a brass cap marking the East 1/4 corner of
Section 12, T.3N. ,R.IW., B.M., city of Meridian, Ada County, Idaho,
Which is also the centerline of Meridian street and centerline of
West pine Ave.;
thence North 89'24'44" West 162.89 feet along the
northerly boundary of said Southeast 1/4, Section 12, which is also
the centerline of West pine Ave. to a point, said point being the
REAL POINT OF BEGINNING;
thence continuing along said centerline 163.02 feet to a
2-inch aluminum cap marked centerline of West Pine Ave.and West
First St.
thence leaving said centerline of West Pine Ave. South
.0028'51" West 114.57 feet along the centerline of West First St. to
a point;
thence leaving said easterly boundary South 89"21' 36"
East 162.65 feet along the southerly boundary of the said West 1/2
of the said Lot 1, Block 1 to an iron pin marking the southeasterly
corner of said West 1/2 of Lot 1, Block 1;
thence leaving said southerly boundary North 0"38'03"
East 114.69 feet to the point of beginning.
SUBJECT TO:
All existing easements and
or appearing on the above d sc .
of record
PLS 972
Exhibit A
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
C/U'eridian-;' \
" IDAHO if
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In the Matter of Re-Zoning .43 acres from R-8 to 0- T by Paradigm Real Estate Holding.
Case No(s). RZ-06-013
For the City Council Hearing Date of: February 27,2007 (Findings on the March 13,2007
City Council agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 27,2007
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 27,2007
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
February 27,2007 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of February 27,2007 incorporated by reference)
B. Conclusions of Law
1, The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 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 ~
11-5A.
4, Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), RZ-06-013
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 Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, and the Conditions of Approval all
in the attached Staff Report for the hearing date of February 27,2007 incorporated by
reference. The conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code 9 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of February 27,2007 incorporated by reference,
D. Notice of Final Action and Right to Regulatory Takings Analysis
1, The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed,
2. Please take notice that this is a [mal action of the governing body of the City of
Meridian, pursuant to Idaho Code 9 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 a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
R Attached: Staff Report for the hearing date of February 27,2007
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-06-013
By action of the City Council at its regular meeting held on the / J;f!::. day of
lJl~t~h ,2007,
I "1../
COUNCIL MEMBER DAVID ZAREMBA
VOTED~
VOTED~
VOTED~
VOTED~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMYdeWEERD
(TIE BREAKER)
VOTED
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Copy served upon Applicant, The ;;aritting~ij~ll~'en;~ Public Works Department and City
Attest:
Attorney,
QL . (, 'Jj
By: ,-_'n.c'(,/l/Jl C:?YYl-r7vl
City Clerk
Dated: t/~ - 15 -0 ~l
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-06-013
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27,2007
STAFF REPORT
Hearing Date: 2/27/2007
Continued from 2/20/07
Mayor and City COWlcil
Justin Lucas, Associate City Planner
884-5533
Valley Shepherd Church (39 W, Pine) Rezone
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SUBJECT:
. RZ-06-013
Rezone of 0,43 acres from R-8 (Medium Density Residential) to O-T (Old
Town)
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Paradigm Real Estate Holding, has applied for a Rezone (RZ) of 0,43 acres from R-8
(Medium Density Residential) to 0- T (Old Town), The Applicant intends to convert the existing home
on the site to a professional office, which is not an allowed use in the existing R-8 zone, but would be
allowed within the proposed O-T zone. The subject property is located at the southeast comer of Pine
Street and West 1 st Street in Section 12, Township 3 North, Range 1 West, RM. The subject property is
composed of one parcel currently referenced as Assessor's Parcel Number R932375002L The site
contains one exiting home that is currently owned and used by the Valley Shepherd Church. The existing
home is proposed to be converted to a professional office as shown on the concept plan, This property is
within the Urban Service Planning Area and the corporate boundaries of the City of Meridian.
The applicant has submitted a conceptual site plan for this site. The applicant is proposing to make site
improvements at the time of submittal for a Certificate of Zoning Compliance (CZC). At that time,
Planning Staff will require site improvements in accordance with the Unified Development Code,
including but not limited to: parking, landscaping, and compliance with the Downtown Design
Guidelines,
2. SUMMARY RECOMMENDATION
Staff recommends approval of RZ-06-013, as presented in the staff report for the hearing date of
February 27, 2007, based on the Findings of Fact as listed in Exhibit D and subject to the
Development Agreement provisions proposed in Section 10. The Meridian Plannine and Zonine
Commission heard this item on January 18. 2007. At the Dublic heaTine they moved to recommend
aDDroval.
a. Summary of Commission Public Hearinl!:
i. In favor: Gary McAlister
ii. In oDDosition: None
iii. Commentine: None
iv. Staff Dresentine aDDlication: Justin Lucas
v. Other staff commentioe on aDDlication: None
b. Key Issues of Discussion by Commission:
i. Possible cross access to the east
c. Key Commission Chanl!es to Staff Recommendation:
i. None
d. Outstandinl! Issue(s) for City Council:
i. None
Valley Shepherd Church (39 W. Pine) RZ-06-013
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27,2007
The Meridian Citv Council heard these items on Fehruarv 27. 2007. At the DubHc hearing they
aDnroved the snhiect rezone reonest.
as Summary of Citv Council Puhlic Hearing:
i. In favor: Garland Risner
ii. In oooosition: None
iii. Commentin!!: None
IV. Written testimonv: None
v. Staff oresentinll aoolication: Anna. Canninl!
vi. Other staff commentin!! on annlication: None
.Ib Kev Issues of Discussion hv Council:
i. Cross access to the orooertv to the west
ii. Eliminatinll the access to Pine unon comnlete redevelooment of the oronertv
.to Kev Council ChamJes to Commission Recommendation:
i, Added a DA nrovision statin!! that if the existinll buildinll was ever removed and a
new buildinll built on the site. that the aonlicant would abandon access to West Pine
Avenue and. thereafter. take access off West 1st Street.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number RZ~
06-013 as presented in the staff report for the hearing date of February 27, 2007, with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number RZ-06-
013 as presented during the hearing on February 27, 2007, for the following reasons: (State
specific reasons for denial of the rezone request.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number RZ-
06-013 to the hearing date of (insert continued hearing date here) for the following reason(s):
(State specific reason(s) for a continuance.)
4. APPLICATION AND PROPERTY FACTS
a, Site Address/Location:
39 W, Pine Street
Section 12, T3N, RIW
b. Owner:
Valley Shepherd Church of the Nazarene
39 W. Pine Street
Meridian, ID 83642
c. Applicant:
Paradigm Real Estate Holding
12058 Le Grange
Boise, ill 83709
Valley Shepherd Church (39 W. Pine) RZ-06-013
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27,2007
c, Representative: Garry McAllister
d. Present Zoning: R-8
e. Present Comprehensive Plan Designation: Old Town
f. Applicant's Statement/Justification:
The proposal is to rezone the subject property to Old Town and the use to Professional Office.
The property will be remodeled inside and outside to meet the city code and zone
requirements,
5. PROCESS FACTS
a. The subject application will, in fact, constitute a rezone as determined by City Ordinance, By
reason of the provisions of UDC 11-5A-2D, a public hearing is required before the City
Council on this matter,
b. Newspaper notifications published on: January I S\ and January 15th, 2007 (Planning
Commission), January 29th, and February 12th, 2007 (City Council)
c. Radius notices mailed to rroperties within 300 feet on: December 21 S\ 2006 (Planning
Commission), January 26t ,2007 (City Council)
d, Applicant posted notice on site by: January 8th, 2006 (Planning Commission), February 10th,
2007 (City Council)
6. LAND USE
a. Existing Land Use(s): Single family residential/Church use
b, Description of Character of Surrounding Area: This site is located near the downtown core of
Meridian. There are various uses in this area included offices, retail, residential, and an
elementary school.
c. Adjacent Land Use and Zoning
1. North: Pine Avenue and Meridian Elementary School, zoned R-4
2, East: Office Use, zoned O-T
3. South: Single Family Home, zoned R-8
4. West: W. 1 st Street and Single Family Home, zoned R-8
d, History of Previous Actions: N/A
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: This building is already serviced,
Location of water: This building is already serviced.
Issues or concerns: None.
2. Vegetation: There are some existing trees on the site that may need to be protected or
mitigated for if removed.
3. Floodplain: N/ A
4. Canals/Ditches Irrigation: N/ A
5. Hazards: N/A
Valley Shepherd Church (39 W. Pine) RZ-06-013
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27,2007
6. Proposed Zoning: 0- T
7. Size of Property: 0.43 acres
f Sununary of Proposed Streets and/or Access:
As shown on the concept plan, the applicant is proposing to have one direct access to Pine
Street and five diagonal parking stalls on W.I st Street that will be placed partially within
ACHD right-of-way, ACHD has provided comments regarding the proposed access point and
parking. In. the comments provided, ACHD appears to have no major objection to the access
point and parking proposed, as long as the applicant enters into license agreement with ACHD
for the parking located within the right~of-way, Staff is also supportive ofthe access point and
parking as proposed by the applicant. Although diagonal parking that is directly accessed from
the street is not a standard design, staff believes that it can work in this situation due to the
location and low traffic volumes along W I st Street. Staff is also supportive of the single
access point to Pine and believes that maximum of one public street access should be allowed
into this property (as/if allowed/approved by ACHD),
7. COMMENTS MEETING
On December 29,2006, Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works
Department, and the Sanitary Services Company. Staff has included all comments and recommended
actions in the attached Exhibit A. Because this is only a rezone application, there are no conditions of
approval.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated on the Comprehensive Plan Future Land Use Map as "Old Town." The
Comprehensive Plan defines the Old Town district as: "This includes the historic downtown and the true
community center. Uses would include offices, retail and lodging, theatres, restaurants, and service retail
for surrounding residents and visitors. A variety of residential uses could include reuse of existing
buildings for residential uses, new construction of multi-family residential over ground floor retail or
office uses, In. order to provide and accommodate preservation of the historical character, specific design
requirements may be imposed, Pedestrian amenities would be emphasized, Public investment to ensure
that Old Town becomes a centralized activity center with public, cultural, and recreational structures
would be encouraged. The boundary of the Old Town district predominantly follows Meridian's historic
plat boundaries. In. several areas, both sides of a street were incorporated into the boundary to encourage
similar uses and complimentary design of the facing houses and buildings." The applicant is requesting to
rezone this property to O~T, which is consistent with the comprehensive plan designation for this area,
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the
proposed development (staff analysis below policy in italics):
. Chapter V, Goal II, Objective A, Action 3 ~ "Support compatible uses which will attract a high
daytime and nighttime population to the downtown area,"
Converting the subject property to O-T and allowing more intense uses such as professional offices
to locate on this property will increase the viability of the downtown area as an office and retail
district that attracts a higher daytime population.
. Chapter VII, Goal lV, Objective D, Action 2 - "Restrict curb cuts and access points on
collectors and arterial streets,"
Valley Shepherd Church (39 W. Pine) RZ-06-0I3
PAGE 4
CITY OF MERlDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27,2007
As proposed in the applicant's concept plan only one access point will be allowed into this property
off of Pine, which. is classified as a minor arterial. There is currently an existing access point into
this site from Pine, The proposed access point will not increase the number of accesses that this
property currently has onto Pine Avenue.
9. ZONING ORDINANCE
a. Allowed Uses in Traditional Neighborhood Districts: UDC Table 11-2D-l lists the permitted,
accessory, and conditional uses in the Traditional Neighborhood districts. Personal or professional
services are principally permitted in the 0- T zone. .
b, Purpose Statement of Zone: The purpose of the 0- T District is to accommodate and encourage
further intensification of the historical city center in accord with the Meridian Comprehensive Plan,
The intent of the OT District is to delineate a centralized activity center and to encourage its
renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational
center of the City. Public and quasi-public uses integrated with general business, and medium-high
to high-density residential is encouraged to provide the appropriate mix and intensity of activities
necessary to establish a truly urban city center,
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
REZONING ANALYSIS:
The applicant's request to rezone the property to 0- T is generally compatible with the surrounding
land uses. The property to the west received approval for a similar rezone from R-8 to O-T in early
2005 (Monson Rezone, RZ-05-00l), The O-T district is designed for a mix of uses such as
residential, office and retaiL The conversion of this property to professional office space will help
to enhance the diversity of the Old Town area and help to create a downtown that provides jobs and
services to the residents of Meridian.
Based on the compliance of the proposed development with the Unified Development Code and the
general conformance with the policies and goals contained in the Comprehensive Plan, staff
believes that rezoning the subject property from R~8 to O-T is justifiable, Please see Exhibit D for
detailed analysis of the required facts and fmdings for rezoning.
The legal description for rezoning submitted with the application (prepared on November 1, 2006,
by John 1. Eddy, PLS) shows the property within the existing corporate boundary of the City of
Meridian.
1. Concept Plan: The applicant has submitted a concept plan for this site, Staff is generally
supportive of the concept plan submitted with the rezone application with the following
conunents:
· Access: There is one proposed access point into this site from Pine Avenue, shown on
the concept plan. Staff is supportive of the proposed single access point. No other public
street access should be permitted with this development. The specific location of the
proposed access should be approved by the Ada County Highway District.
· Parking: The total square footage of the proposed office building is approximately 3,500
square feet (including 755 square foot garage which will be converted to offices). UDC
11-3C-6B requires one parking space for every 500 square feet of gross floor area. Using
that calculation the applicant is required to provide seven parking spaces on this site, The
applicant is proposing eight parking spaces (three standard and five diagonal spaces
Valley Shepherd Church (39 W, Pine) RZ-06-013
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007
located partially in the right of way) which meets this requirement Although the diagonal
spaces located partially in the right of way are not standard practice, staff believes that
these spaces are a good solution to the parking problem that often arises on small
redevelopment sites such as this.
· Landscaping: The Downtown Meridian Design Guidelines, which govern development
in the 0- T district, do not require street landscape buffers. The Guidelines were designed
primarily for new construction in the downtown core where new buildings are required to
be brought to the edge of sidewalk and essentially have no front setback The subject
concept plan only proposes to convert the existing residence to an office building and
therefore is not required to pull the building to the back of sidewalk as would be required
if new construction was proposed, Because this property has frontage along Pine, which
is projected to operate as a minor arterial, (see COMPASS Functional Classification Map,
preliminarily approved on March 20, 2006) and the building is to remain in its current
location, staff believes that requiring some landscaping between the existing building and
Pine would be beneficial, until the existing structure is removed or modified. At such
time the proposal should be consistent with the Guidelines and the UDc. Due to the
location of the existing building staff believes that a 20 foot wide landscape buffer
designed in accordance with UDC 11-3B-7 should be provided along Pine Avenue for
this project. All parking lot landscaping should comply with UDC 11-3B-8.
. Cross Access: Staff considered requiring the applicant to provide a cross access driveway
to the neighboring property to the east which is also zoned O-T. Upon further analysis it
became clear that providing cross access to this parcel was not feasible due to an existing
utility pole that runs along the eastern property line,
· Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance
(CZC) pennit is to ensure that all construction, alterations and/or the establishment of a
new use complies with all of the provisions of the UDC before any work on the structure
is started and/or the use is established (UDC 11-5B-IA). To ensure that all of the
provisions in the development agreement (see below) are complied with, Staff will
require the applicant to obtain CZC approval from the Planning Department prior to site
development, where all site and landscaping improvements must be installed prior to
occupancy,
2, Staff recommends that a Development Agreement (DA) be required as part of rezoning this
property. Prior to rezoning approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of rezoning ordinance adoption, and the developer. The
applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process, The
DA shall include, at minimum, the following:
. 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,
. All future development of the subject property shall comply with City of Meridian
ordinances in effect at the time of development.
· The applicant shall be responsible for all costs associated with sewer and water service
installation.
· The following shall be the allowed uses on this property: Pennitted and accessory uses
within the O-T zone. All conditionally permitted uses in said zone shall be subject to
CUP approval.
. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC)
Valley Shepherd Church (39 W. Pine) RZ-06-013
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27,2007
permit from the Planning Department prior to the conversion of the existing home to an
office use.
· Any exterior modifications or new construction shall be subj ect to the standards outlined
in the Downtown Meridian Design Guidelines,
· The applicant shall be allowed to construct only one driveway access to Pine Avenue, at a
location to be approved by the Ada county Highway District (ACIID) , No other public
street access to Pine Avenue will be permitted to this site.
· The applicant shall construct, at minimum, a 20- foot wide landscape buffer along Pine
Avenue. At such time as the existing structure is removed or structurally altered, the
landscaping may be removed as the Downtown Design Guidelines and the 0- T District
Regulations of the UDC do not currently require street buffers along Pine.
· The site shall be developed in general compliance with the concept plan submitted by the
applicant (no date).
· The applicant shall complete all required improvements prior to obtaining a Certificate of
Occupancy for the proposed development.
· lfthe existinl! buildinl! ever is removed and a new buildinl! is built on the site. that access
to West Pine Avenue be abandoned and. thereafter. access onlv be taken from West 1 st
Street.
b. Staff Recorrunendation: Staff recommends approval of the proposed rezone (RZ-06-013),
subject to the Development Agreement provisions listed above. The Meridian Plannine and
Zonine Commission heard this item on Januarv 18. 2007. At the public hearine they moved
to recommend approval. The Meridian City Council heard these item!il on Februarv 27.2007.
At the DuhUc hearinp they annroved the subiect rezone reoue!ilt.
11. EXHmITS
A Drawings
1. Vicinity / Current Zoning Map
2. Conceptual Site Plan
B. Agency Corrunents
1. Planning Department
2, Fire Department
3. Police Department
4, Ada County Highway District
C. Legal Description
D, Required Findings from Unified Development Code
Valley Shepherd Church (39 W, Pine) RZ-06-013
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27, 2007
A Drawings
1, Vicinity I Current Zoning Map
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'Exhibit A
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27,2007
B. Agency Comments
1. PLANNING DEPARTMENT
1.1 The rezoning legal description submitted with the application (stamped on November 1, 2006, by
John T. Eddy, PLS) shows the property as contiguous to the existing corporate boundary of the
City of Meridian.
1.2 Prior to re-zone ordinance approval, the applicant shall enter into a Development Agreement with
the city. See section 10 above for analysis and comments.
2. FIRE DEPARTMENT
2,1 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.
2.2 Final Approval ofthe fIre hydrant locations shall be by the Meridian Fire Department.
a, Fire Hydrants shall have the 4 12" 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 specifIcations.
d, Fire Hydrants shall be placed on comers when spacing permits,
e, Fire hydrants shall not have any vertical obstructions to outlets within 10',
f Fire hydrants shall be place 18" above finish grade,
g, Fire hydrants shall be provided to meet the requirements ofthe IFC Section 509.5,
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
2,3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
2,4 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an
imposed load of 75,000 lbs, All roadways shall be marked in accordance with Appendix D
Section DI03,6 Signs.
2,5 Maintain a separation of 5' from the building to the dumpster enclosure.
2.6 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building,
2.7 Provide exterior egress lighting as required by the futemational Building & Fire Codes,
2.8 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),
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27,2007
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 00).
3. POLICE DEPARTMENT
3,1 The Police Department has no concerns related to the site design submitted with the application.
4. ADA COUNTY HIGHWAY DISTRICT
This application is for a rezone only. Listed below are some of the site specific conditions of
approval that the District may require when it reviews a future development application
(additional site specific requirements may be levied with a specific redevelopment application).
4.1 Widen the pavement on 1 st Street 30 to 35 -feet from the centerline of the roadway to the back of
curb to accommodate 5 diagonal parking stalls on the public street
4.2 Coordinate the design of the 45 degree diagonal on street parking with District Traffic Services
staff.
4.3 Enter into a license agreement (encompassing a hold hannless agreement) with the District for the
diagonal parking located within the right-of~way, An annual fee may be required for the license
agreement
4.4 Construct curb, gutter, and 5-foot attached concrete sidewalk abutting the site on 1 st Street
Construct vertical curb, gutter, and 5-foot attached concrete sidewalk along in inside of the
diagonal parking area to make a clear distinction between the parking and sidewalk
4.5 Construct one driveway to intersect Pine Street located approximately 5-feet west of the east
property line (measures property line to near edge), as proposed,
Exhibit B
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27,2007
C. Legal Description
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November 1, 2006
Project: Garland Risner
MERIDiAN PU8L!G
VI.'ORKS DEPT.
ANNEXATION DESCRIPTION
TO INCLUDE THE CENTERLINE OF WEST PINE AVE. AND
WEST FIRST STREET ADJACENT TO SUBJECT PROPERTY
FOR GARLAND RISNER
BEING THE WEST 1/2 OF LOT 1, BLOCK 1
OF THE WEST VIEW ADDITION TO MERIDIAN
LOCATED IN THE NORTH 1/2 OF THE SOUTHEAST 1/4
SECTION 12
T.3N.,R.IW" B.M.,
CITY OF MERIDIAN, ADA COUNTY, IDAHO
A parcel of land being the West 1/2 of Lot 1, Block 1, of
West View Addition to Meridian to include to the centerline of West
pine Ave. and to the centerline of West First Street adjacent to
SUbject property, as recorded in the Ada County Court House, Boise,
Idaho, and more particularly described as follows:
Beginning at a brass cap marking the East 1/4 corner of
Section 12, T. 3N. ,R.1W. I B.M., city of Meridian, Ada County, Idaho,
Which is also the centerline of Meridian Street and centerline of
West Pine Ave.;
thence North 89'24'44" West 162.89 feet along the
northerly boundary of said Southeast 1/4, Section 12, which is also
the centerline of West Pine Ave. to a point, said point being the
REAL POINT OF BEGINNING;
thence continuing along said centerline 163.02 feet to a
2-inch aluminum cap marked centerline of West pine Ave.and West
First St.
thence leaving said centerline of West Pine Ave. South
0028'51" West 114.57 feet along the centerline of west First St. to
a point;
thence leaving said easterly boundary South 890>21'36"
East 162.65 feet along the southerly boundary of the said West 1/2
of the said Lot 1, Block 1 to an iron pin marking the southeasterly
corner of said West 1/2 of Lot I, BlOCk 1;
thence leaving said southerly boundary North 0.38' 03"
East 114.69 feet to the point of beginning.
SUBJECT TO:
All existing easements and road rights-of-way of record
or appearing on the above d sc . reel of land.
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PLS 972
Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27,2007
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 27,2007
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation and
shall, at the public hearing, review the application. In order to grant an annexation and/or
rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive Plan;
The applicant is proposing to zone the subject property to O-T. City Council finds that the proposed
zoning map amendment is generally compatible with the applicable provisions of the
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff
Report.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
City Council finds that professional offices are pennitted within the requested zoning district of 0-
T. Staff and the Commission believe that the existing parcels in the area have already developed in
a nature that is harmonious and appropriate to the proposed zone. City Council also finds that the
proposed zoning and future uses on this site can be designed and constructed in a manner that will
be harmonious with, and appropriate in appearance with, the existing and intended character of the
surrounding area, if the applicant enters into a development agreement with the City, Staff
recommends that the Commission and Council rely on staff s analysis, public testimony received
and any comments submitted from any other agencies or departments regarding whether this
property should be rezoned as proposed,
c. The map amendment shall not be materially detrimental to the public health, safety, and
welfare;
City Council fmds that the proposed zoning amendment will not be detrimental to the public health,
safety, or welfare. City Council does not anticipate the proposed rezone and subsequent uses will
create excessive traffic, noise, smoke, fumes, glare, or odors. Staff recommends that the
Commission and Council rely on any oral or written testimony that may be provided when
detennining this finding,
d. The map amendment shall not result in an adverse impact upon the delivery of services by
any political subdivision providing public services within the City including, but not limited
to, school districts; and,
City Council finds that the proposed zoning amendment will not result in any adverse impact upon
the delivery of services by any political subdivision providing services to this site,
Exhibit D