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Valley Shepherd Nazarene Church RZ 07-012ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 31 BOISE IDAHO 09/27/07 01:39 PM DEPUTY Paiii Thompson III II,III,I'I'III'll'I'I,I'I"I'll III RECORDED-REQUEST OF 197134579 City of Meridian DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Valley Shepherd Church of the Nazarene, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of e ~G,7~.f ~, 2007, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Valley Shepherd Church of the Nazarene, whose address is 831 N. Main Street, Meridian, ID 83642, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after refereed to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awritten 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-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer have submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of C-G (General Retail and Service Commercial District), (Municipal Code of the City of Meridian); and 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 subj ect 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 DEVELOPMENT AGREEMENT (RZ 07-012 VALLEY SHEPHERD NAZARENE CHURCH) PAGE 1 OF 10 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 4~' day of September, 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 Owner/Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER 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 Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Properly 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 Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (RZ 07-012 VALLEY SHEPHERD NAZARENE CHURCH) PAGE 2 OF 10 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Valley Shepherd Church of the Nazarene, whose address is 831 N. Main Street, Meridian, Idaho 83642 the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned C-G (General Retail and Service Commercial 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 Unified Development Code § 11-2B. 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. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. That the following shall be the only allowed uses on this property: Church/religious place of worship and ancillary church celebrative & recreational activities. No retail or service uses or conditionally DEVELOPMENT AGREEMENT (RZ 07-OI2 VALLEY SHEPHERD NAZARENE CHURCH) PAGE 3 OF 10 allowed commercial uses are permitted on this property. 2. Future development of the property shall remain consistent with the site and landscaping plans approved with CUP OS-058. 3. 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. 4. Any proposed change in use of the property shall require public hearings before the Meridian Planning & Zoning Commission and City Council. Said hearings shall consist of modifications to the Development Agreement and the existing Conditional Use permit in effect for the site. 5. The Applicant shall comply with all Agency Comments outlined in the associated staff report for RZ 07-012. 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 Owner/Developer or Owners'/Developers' 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: Owner/Developer consent upon default to the reversal of the 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 Owner/Developer and if the Owner/Developer fail to cure such failure within six (6) months of such notice. 8. 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 DEVELOPMENT AGREEMENT (RZ 07-012 VALLEY SHEPHERD NAZARENE CHURCH) PAGE 4 OF 10 accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner/Developers' 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. 9.2 A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the 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 either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe 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 Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- DEVELOPMENT AGREEMENT (RZ 07-012 VALLEY SHEPHERD NAZARENE CHURCH) PAGE 5 OF 10 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 maybe 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 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. 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 § 11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developeragreesthat no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developeragrees 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: DEVELOPMENT AGREEMENT (RZ 07-012 VALLEY SHEPHERD NAZARENE CHURCH) PAGE 6 OF 10 CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: Valley Shepherd Church of the Nazarene 831 N. Main Street Meridian, Idaho 83642 16.1 A party shall have the right to change its address by delivering to the other parry 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 Owner/Developer ofthe Properry,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 DEVELOPMENT AGREEMENT (RZ 07-012 VALLEY SHEPHERD NAZARENE CHURCH) PAGE 7 OF 10 be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request ofOwner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has 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 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 Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developerand 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 usesand/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 07-012 VALLEY SHEPHERD NAZARENE CHURCH) PAGE 8 OF 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER VALLEY SHEPHERD CHURCH OF THE NAZARENE _ , By: CITY OF MERIDIAN ATTEST: ~,~-.:/- WILLIAM G. BERG, JR. BY:~ MAYO T MY de WEERD „~~,~ ~ aC ~~ C ~ C~~ ~ 9-Z s-o 7 V ,~'" ~ ~_ F~ ~~"~~ _- s T `~' ~~' ,~- ~~%~~~ c~i3NTY • \~~~.~~~. ~/ii~iritn n~t~~~~ DEVELOPMENT AGREEMENT (RZ 07-012 VALLEY SHEPHERD NAZARENE CHURCH) PAGE 9 OF 10 STATE OF IDAHO, ) County of Ada, ss On this_~ day of ~jio~,,,,~,,•- , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Teen/~ 1J- ,i vk.~s~ , known or identified to me to be the Chh; r ,~ ~-~ ~ /~,_, /~~n-~ of VALLEY CHURCH OF THE NAZARENE and acknowledged to me that he executed the same on behalf of said church. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. J4 •• Q~1-Ry 1 S'~'A~lrr ~ G '~ p V e~~ •.:~ ~..• Q ti: STATE OF IDAHO ) ss County of Ada ) t ublic for Idaho esiding at: 7~fe~. ~ ~,,,, y, TQ My Commission Expires: /~ o a-l ~rd~ On this day of sip}~~ ~~ , 2007, before me, a Notary Public, personally appeared Tammy de We dre 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 of behalf of said City, and acknowledged to me that such City executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the d~ ~ ~ nd ~: ar in this certificate first above written. •'~4Q' ~~ 4,~,',•. ~Q',' p Tag ~._``~',~~ (SEAL) ~ `~~ ~ Notary Public for Idaho . ~ ~ , Residing at: (~,.~ oLL9..1°l~ , ~ 1~ i ~.~ ~' • ,~ , ~~ Commission expires: 10-1 1- ~ 1 .~ ~r..zc.-~~, DEVELOPMENT AGREEMENT (RZ 07-012 VALLEY SHEPHERD NAZARENE CHURCH) PAGE 10 OF 10 EXHIBIT "A" VALLEY SHEPHERD RE-ZONE DESCRIPTION A parcel of land for re-zone purposes situated in a portion of the NE1/4 of the SE1/4 of Section 24, Township 3 North, Range I West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at an aluminum cap monument marking the northeast corner of said NE1/4 of the SE1/4, thence along the East line of said NE1/4 of the SE1/4 and the centerline of South Meridian Road S00°39' 10"W a distance of 1339.86 feet to a 5/$ inch rebaz marking centerline intersection of said South Meridian Road and West Maestro Street from which an aluminum cap monument marking the southeast corner of said Section 24 bears S00°39'10"W a distance of 1321.03 feet; Thence leaving said East line and centerline of South Meridian Road and along the centerline of said West Maestro Street the following courses, N89°24'54"W a distance of 204.44 feet to a S/8 inch rebaz; Thence along the arc of a curve to the left having a radius of 180.00 feet, an arc length of 23.47 feet, a central angle of 07°28'20", a chard bearing S86°50'56"W a distance of 23.46 feet to a 5/8 inch rebar; Thence S83°06"46"W a distance of 100.54 feet to a 5/8 inch rebar; Thence along the arc of a curve to the right having a radius of 180.00 feet, an azc length of 19.90 feet, a central angle of 06°19'58", a chord bearing S87°25'07"W a distance of 19.89 to a 5/8 inch rebar; Thence N89°24' S4"W a distance of 115.82 feet to a 518 inch rebar marking the centerline intersection of said West Maestro Street and South Alfani Way; Thence leaving said centerline of West Maestro Street and along said centerline of South Alfani Way N00°39' 10"E a distance of 25.00 feet to a 5/8 inch rebar marking the intersection of said centerline of South Alfani Way and the North boundary of Strada Bellissima Subdivision No. 1 as recorded in Book 93 at Pages 11265 through 11268 official records of Ada County, Idaho; Thence leaving said centerline of South Alfani Way and along said North boundary line N89°24'54"W a distance of 356.13 feet to a 5/8 inch rebar; Thence leaving said North boundary line N00°45'45"E a distance of 1050.09 feet to a 5/8 inch rebar on the South boundary line of Bear Creek Subdivision No. 6, as recorded on the official plat thereof, in Book 87 at Pages 9986 and 9987, Ada County, Idaho; Thence slang said South boundary line S89°27'46"E a distance of 281.52 feet to a 5/8 inch rebar making an angle point in said South boundary line; Thence continuing along said South boundary line N24°42'45"E a distance of 104.60 feet to a 5/8 inch rebar marking an angle point in said South boundary Line; Thence leaving said South boundary like and along the westerly boundary line of Lot 9, Block 22 of said Bear Creek Subdivision No. 6 N24°42'45"E a distance of 9.55 feet to a 1 /2 inch rebar making an angle point in said westerly boundary line; Thence continuing along said westerly boundary line N48°33'12"F, a distance of 243.86 feet to a 1!2 inch rebar; COS6140 RE ZONE LEGAL FOR VALLEY SHEP KNS APRIL 12 07.doc Page t of 2 C Thence leaving said westerly boundary line and along the North boundary line of said Lot 9, N85°27' 18"E a distance of 141.87 feet to a 1!2 inch rebar marking an angle point in said North. boundary line; Thence continuing along said North boundary line S89°26'49"E a distance of 102.05 feet to a 518 inch rebar marking the intersection of said North line and the West right-of--way line of said South Meridian Road; Thence S$9°26'49"E a distance of 65.00 feet to the POINT OF BEGINNING. Said parcel contains 22.69 acres more or less and is subject to any easements and or rights-of--ways ofrecord ar implied. REVI PPF}QVAL ?Y ~..~J k ~nea~lolAty Pu~uc WpRKS DEPT. C056140 RE ZONE L.EGAI. FOR VALLEY SHEP KNS APRIL 12 O~.dac Page 2 of 2 C CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C'1"1"Y iYF ~, ~'rl~lr~"l?' 1 rs~.~rtr~ ~' .~ ~'~~. In the Matter of the Rezoning of 22.7 acres from R-8 (Medium-Density Residential) to C-G (General Retail and Service Commercial), for Valley Shepherd Church Meridian by Valley Shepherd Church of the Nazarene Case No(s). RZ-07-012 For the City Council Hearing Date of: August 21, 2007 (Findings on the September 4, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 21, 2007 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 21, 2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 21, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 21, 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. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified aC 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. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-012 Page I of 3 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning 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 August 14, 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 § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Rezone as evidenced by having submitted the legal description and exhibit map stamped and dated April 13, 2007 by Kevin Sorensen, PLS, is hereby approved; and, 2. A Development Agreement is required with approval of the subject rezone and shall include the provisions noted in the attached Staff Report for the hearing date of August 21, 2007 incorporated by reference. D. Attached: Staff Report for the hearing date of August 21, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-012 Page 2 of 3 By action of the City Council at its regular meeting held on the ~~' day of 2007. COUNCIL MEMBER DAVID ZAREMBA VOTED_~~~- COUNCIL MEMBER JOE BORTON VOTED_ (~~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED__~1'~_ COUNCIL MEMBER KEITH BIRD VOTED v~~-- TIE BREAKER _______ MAYOR TAMMY de WEERD VOTED ATTEST: WILLIAM G. BERG, JR. MAYa-~.~T ~ de WEERD w. ~.. '~; ;.. ~ ~r"" F '_ ~1. ~" ~ ~ ~~ -_ A s Y+ S- CLERK "`-.~.~ '`$ ~q ~y.,/ ~ Ji~"i~ and i e ,~~d ~~`~rP49Piitlllltttt Copy served upon: Applicant Planning Department ublic Works Department City Attorney By: Dated:. ~ ' ~ Q ' CS Z--- i yClerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-07-012 Page 3 of 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 STAFF REPORT Hearing Date: 8/21 /2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner (208) 884-5533 SUBJECT: Valley Shepherd Nazarene Church ~ RZ-07-012 ~ rrv ~ rr "v t. CC).WC) , {~ Request for rezoning of 22.7 acres from R-8 (Medium-Density Residential) to C-G (General Retail and Service Commercial), by Valley Shepherd Church of the Nazarene 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Valley Shepherd Church of the Nazarene, has applied for Annexation and Zoning (AZ) to C-G (General Retail & Service Commercial) of approximately 22.7 acres of property currently zoned R-8 (Medium Density Residential) in the City of Meridian. The Applicant requests annexation to allow for electronic signage and recreational activities on-site which are not principally permitted uses within the existing R-8 zone. The site is located at 150 West Maestra Street on the west side of S. Meridian Road, at approximately the '/z mile mark between Overland and Victory Roads. This site is currently under construction for achurch / place of worship. This property is within the City's Area of Impact and Urban Service Planning Area and also lies within Meridian City limits. 2. SUMMARY RECOMMENDATION The subject application (AZ) was submitted to the Planning Department for review. Below, Staff has provided a detailed analysis, comments, and recommended actions for the requested RZ application. Staff is recommending approval of the Valley Shepherd rezoning (RZ^07-012) request as presented in the staff report for the bearing date of July 19, 2007, and based on the Findings of Fact listed in Exhibit D. The Meridian Planning & Zoning Commission heard this item on June 21, 2007 and Ju1~19, 2007. At the public hearing the Commission moved to recommend approval of the rezone (RZ-07-012) from R-8 to L-O. a. Summary of Commission Public Hearing: i. In favor: Brad Hoaglun (Church Board Member) ii. In opposition: Sharma Gardiner, Kathleen James (Resident of Strada Bellissima, Jim Kouril (Representation for Residents of Bear Creek), Debra Ross, Darlene Wheeler(Resident), Lachelle Bonner (Resident) iii. Commenting: Larry Kelly iv. Written testimony: Brian Beckley, VP of Bear Creek HOA (letter w/petition containing 236 signatures), Scott Anders, Aaron Neal v. Staff presenting application: Amanda Hess vi. Other staff commenting on application: Ted Baird, Caleb Hood Valley Shepherd Nazarene Church - RZ-07-012 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 b. Kev Issue(s) of Discussion by Commission: i. The increase in traffic to the adjacent residential subdivisions fStrada Bellissima and Bear Creekl. ii. The allowed signage for the L-O and C-G zoning districts (Electronic Reader Boards . iii. The impacts of future commercial developments may have on the existing residential neighborhoods. c. Kev Commission Change(s) to Staff Recommendation: i. Commission was in favor of changing the zoning from C-G to L-O and having the L-O signage standards apply to the property. d. Outstanding Issue(s) for City Council: i. Appropriate zoning for the site. The Meridi an City Council heard these item on An ~s 21.2007. At the public hearin the ~tv ouncil ann roved the rezoning rea ~ ( 7 07-0121 from R-8 0 - . a. Summary of itv _o ~n it Public Hearing_ i. In favor: Brad HoaQlun _(Chuch Board Mem_ berl. Keith Ricketts. Jim Perrell_ ark Johnson. imberl y ohncon. erald iohnson. eor a .ick fooce. Bob Marsland ii. In onnosition: None iii. Commenting: James Pra ther iv. Written testimonv• Keith iekettc v. taff presenting anolicati on: Anna .annin vi. they staff commenting o n aooli a ion: None 1L Kev issues of Disc_nssion by Coun cil• i. Location of the nronosed relation to th si dd electronic reader board sign an Meridian Rd. in ct Stl f th h h (1S0 W M c. e a ng res Kev Council Changes to Ctaff/ o o e c urc ae ra mmic ion Recommendation i. he Citv Council approv ed the annli ant's rezone reauect from R-8 0 - ii. The Citv Council sunno rted Staff and the ommiccionc recommendaN n to e current DA for this ite to include the provisions li ted withi Planning's condition of a pproval 1 1 3. 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to recommend approval to the City Council of File Number RZ-07-012, as presented in the staff report for the hearing date of August 21, 2007, with the following modifications: (add any proposed modifications) Denial After considering all Staff, Applicant, and public testimony, I move to recommend denial to the City Council of File Number RZ-07-012, as presented during the hearing on August 21, 2007: (please 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-07- 012 to the hearing date of (insert continued hearing date here) for the following reason(s): (state specific reason(s) for continuance) Valley Shepherd Nazarene Church - RZ-07-012 CITY OF MER[DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 150 W. Maestra Street Meridian, ID 83642 NE '/ SE % Section 24, T3N, R1 W b. Owner /Applicant: Valley Shepherd Church of the Nazarene 831 N. Main Street Meridian ID 83642 c. Representative: George Zickefoose, Valley Shepherd Church of the Nazarene d. Present Zoning: R-8 e. Present Comprehensive Plan Designation: Public /Quasi-Public f. Description of Applicant's Request: Request for change in zoning to accommodate the desired signage for the church. Reader board signs are currently prohibited in all residential, office, and neighborhood and community commercial districts. g. Applicant's Statement/Justification (reference submittal material): Valley Shepherd Church of the Nazarene is building a new church on the Meridian-Kuna Highway. Presently zoned R-8, we find that several of the normal functions of the church and congregational life are not permitted. We request rezoning to "Commercial" to allow for electric signage and the use of the site for celebrative and recreational activities. 5. PROCESS FACTS a. The subject application will, in fact, constitute a rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code, Title 11, Chapter 5, a public hearing is required before the Planning & Zoning Commission and City Council on this matter. b. Newspaper notifications published on: June 4, 2007; June 18, 2007 (Commission); July 30, 2007 and Au>7ust 13, 2007 (Gifu Council) c. Radius notices mailed to properties within 300 feet on: May 30, 2007 (Commission); July 27. 2007 (City Council) d. Applicant posted notice on site by: June 11, 2007 (Commission); August 10, 2007 (Gifu Council 6. LAND USE a. Existing Land Use(s): Under construction for a church. b. Description of Character of Surrounding Area: Existing single family residences (Bear Creek) and Light-Office properties to the south. c. Adjacent Land Use and Zoning 1. North: Single family residential, zoned R-4 2. East: Single family residential, zoned RUT (Ada County) 3. South: Office and Residential (Strada Bellissima), zoned L-O and R-4 Valley Shepherd Nazarene Church - RZ-07-012 CITY OF MER]DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 4. West: Single family residential, zoned R-4 d. History of Previous Actions: In 2000, the Applicant, Valley Shepherd Church of the Nazarene, was granted annexation and zoning approval for achurch /multi-purpose facility to be located at 150 W. Maestra (AZ-00- 018). The approved zoning was R-8. At that time, the Applicant was required to enter into a development agreement which limited use of the site to just that - a church. The DA also stipulated that prior to construction of the church building or other buildings on-site, procurement of a CUP was first required. In 2006, Valley Shepherd Church of the Nazarene was granted detailed conditional use approval for construction of the church lying within an R-8 (Medium Density Residential) district. (See CUP-OS-058 for more information, if necessary.) e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: Service extension from mains in Meridian Road. Location of water: Stub streets in Strada Bellissima to the south and Bear Creek to the north. Issues or concerns: Preserving a corridvr.for a.future sewer trunk. 2. Vegetation: None 3. Floodplain: None 4. Canals /Ditches /Irrigation: Kennedy Lateral 5. Hazards: None 6. Proposed Zoning: C-G 7. Size of Property: 22.69 acres 8. Description of Use: Place of religious worship f. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the site will be via W. Maestra Street. 7. COMMENTS MEETING On June 1, 2007, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included aII comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Public /Quasi-Public" on the Comprehensive Plan Future Land Use Map. "Public /Quasi-Public" areas are designated to preserve and protect existing private, municipal, state, and federal lands (see Page 106 of the Comprehensive Plan). This category includes churches and public lands (excluding parks and schools) within the Area of City Impact. The redevelopment of these areas should be guided by the intensity of the existing use, the underlying zoning of the property, the surrounding land uses, the location of the property, and the transportation issues associated with the development of the property. The Applicant is requesting to rezone this property to C-G. A church is a principally permitted use in all of the commercial zones (L-O, C-N, C-C, & C-G), a conditional use in industrial and certain residential Valley Shepherd Nazarene Church - RZ-07-012 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 zones (I-L, I-H, R-8, R-15, & R-40), and is prohibited in the R-2 and R-4 zones. The Comprehensive Plan Future Land Use Map designation for this property is "Public /Quasi-Public." The UDC does not have a Public /Quasi-Public zoning district. However, the Applicant has received prior conditional use approval for a church in an R-8 zone. Staff believes that the requested C-G zoning designation for this property for a church generally complies with the intent of the Comprehensive Plan for the existing and future land use of this property. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining the most appropriate zone for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2B-2 lists churches or places of religious worship as principal permitted uses in the requested C-G zone. b. Purpose Statement of Zone: "The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four (4) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways." 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE ANALYSIS: The legal description for the proposed rezone submitted with the application (prepared on April 13, 2007, by Kevin N. Sorensen, PLS) shows the property within the existing corporate boundary of the City of Meridian. The current church use of this property is not proposed to change. Following annexation of the property to the R-8 (Medium Density Residential) zoning district, the site received conditional use permit approval for construction of a church within the R-8 zone, as churches are conditionally allowed within the said zone. Rezoning the property to C-G will allow the church to operate as a principally permitted use in the zone. As a permitted use, the church will be able to obtain a permit for a reader board sign and expand the existing use, if so desired. The Applicant has not submitted a site plan or elevations with this application as there are no changes proposed to the site or building at this time. The Applicant only wishes to rezone the property at this time. Staff believes the Applicant's request to rezone the property to C-G is reasonably compatible with the surrounding zoning. The property to the southeast (across Meridian Road) is currently zoned C-G, while a portion of the property directly south is zoned L-O. A majority of the adjacent lands are zoned residential. However, based on the fact that the current use of the property is not proposed to change, the compliance of the church use in the proposed C-G zone with the Unified Development Code, and the general conformance of the proposal with the policies and goals contained in the Comprehensive Plan, Staff believes that rezoning the subject property from R-8 to C-G is justifiable. Please see Exhibit D for detailed analysis of the required facts and findings for rezoning. Development Agreement: UDC 11-SB-3D2 provides the Planning & Zoning Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the Applicant's request for an intense commercial district for the site, and recognizing the surrounding residential uses, Staff believes that a Development Agreement is necessary to Valley Shepherd Nazarene Church - RZ-07-012 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 ensure that this property is utilized in a fashion that is consistent with the Comprehensive Plan and does not negatively impact nearby properties. If the Commission or Council feels additional development agreement requirements are necessary, Staff recommends a clear outline of the commitments of the developer being required. As there already exists a development agreement (DA) approved with the Annexation and Zoning (AZ-00-018), Staff believes an addendum to said DA should be required as part of the rezone of this property. Prior to the rezone ordinance approval, said addendum shall be accomplished between the City of Meridian and the property owner(s) (at the time of rezone ordinance adoption). The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this. The addendum shall include, at a minimum, the following: • That the following shall be the only allowed uses on this property: Church /religious place of worship and ancillary church celebrative & recreational activities. No retail or service uses or conditionally allowed commercial uses are permitted on this property. • Future development of the property shall remain consistent with the site and landscaping plans approved with CUP-OS-058. • That all uses shall not involve 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. • Any proposed change in use of the property shall require public hearings before the Meridian Planning & Zoning Commission and City Council. Said hearings shall consist of modifications to the Development Agreement and the existing Conditional Use Permit in effect for the site. b. Staff Recommendation: Staff recommends approval of the proposed Rezone (RZ-07-012) based on the Findings of Fact as listed in Exhibit D and subject to the Development Agreement provisions listed in Section 10 and Exhibit B of the staff report. The Meridian PlanninE & Zoning Commission heard this item on June 21 2007 and July 19. 2007. At the Aublic hearing the Commission moved to recommend aanroval of the subject rezone (RZ-07-0121 from R-8 to L-O. The Meridian Citv Council heard theca item on Au~n~ct 21.._ 2007. At_the nublic hearing the 11. EXHIBITS A. Drawings 1. Vicinity /Zoning Map 2. Previously Approved CUP Site Plan (dated: November 15, 2005) B. Agency Comments /Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Services Company Valley Shepherd Nazarene Church - RZ-07-U12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 6. Ada County Highway District C. Legal Description D. Required Findings from Unified Development Code CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 A. Drawings 1. Vicinity Map /Zoning Map CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 2. Previously Approved Site Plan (dated: November 15, 2005) CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 B. Agency Comments /Conditions of Approval 1. PLANNING DEPARTMENT 1.1 REZONE COMMENTS 1.1.1 The rezone legal description submitted with the application (prepared on April 13, 2007, by Kevin N. Sorensen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.1.3 Prior to the rezone ordinance approval ~~5, an addendum to the existing Development Agreement (DA) for the site (Instrument No. 101015259) shall be accomplished between the City of Meridian and the property owner(s) (at the time of rezone ordinance adoption). The Applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. The addendum shall incorporate the following: • That the followin~_ h 11 allowed uses on~his property Church / re)~ious ~a~~ of worship and ancil arv church eelebrative & recteat~onal activities. No retail or ~~rv'c~es or conditipnally allowed commercial uses_are permitted on this propertv. • Future development of the pro~ertv shall remain consistent with the site and landsc~~ plans approved with CL~-OS-OS$x • ~ _ at l~es_ shall not involve activities prpcesses materials equipment and conditions of operation that will be detrimental to anv persons ~ropertv or tl~peneral welfare by reason of exce_sive production of traffic., noise. smoke fumes ~are_or odors • ~._.pron9~esl___ anee_ in u e_. o __t a rotzertY_slaall require nuhi;c hParinQ~ before thg Mer' ian Plannine & Zoning Commission and Citv Council Said hearing shalt ~Qnsist of modifications to the Development. Agreement and the e~cistine Conditional Use Permit n e feet for~h~'tt~. • Tie _Annlicant_ shall_comply with all Aeencv Comments outlined i_n the associated staff report for RZ-07-012. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of services from mains in Meridian Road. The Applicant shall install all mains necessary to provide service; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Strada Bellisima and Bear Creek. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The Applicant shall be required to loop the water system to achieve any necessary fire flow requirements. 2.4 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. Storm water treatment and disposal shall be designed in accordance with Department of Environmental B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 2l, 2007 Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The Applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.5 The Applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall be dedicated as a separate document using the City of Meridian's standard forms. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 2.6 All development improvements, including but not limited to sewer, fencing, micropaths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.7 Applicant shall be required to pay Public Works development plan review and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.8 It shall be the responsibility of the Applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.9 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.10 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Z.1 I Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 3. FIRE DEPARTMENT 3.1 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.2 The Fire Department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.3 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183). a) For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b) For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 3.4 Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D 105. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. SANITARY SERVICES COMPANY 5.1 SSC has no comments related to this application. 6. ADA COUNTY HIGHWAY DISTRICT 6. ] The District has previously approved this site with a CUP application (MCUP-OS-058). If the site plan or use should change in the future, ACHD will review the site plan and may require improvements to the transportation system at that time. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 C. Legal Description EXHIBIT "A" VALLEY SHEPHERD RE-ZONE DESCRIPTION A parcel of land for re-zone purposes situated in a portion of the NE U4 of the SF.,I/4 of Section 24, Township 3 North, Range ]West, Boise Meridian, ('ity of Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at an aluminum cap monument marking the northeast corner of said NEI/4 of the SE 1 /4, thence along the Bast line of said NE I /4 of the SE1.4 and the centerline of South Meridian Road S00°39' 10"W a distance of 1339.86 feet to a 5/8 inch rebar marking centerline intersection of said South Meridian Road and West Maestra Street from which an aluminum cap monument marking the southeast corner of said Section 24 bears S00°39'10"W a distance of 132].03 feet; "Thence leaving said East line and centerline of South Meridian Road and along the centerline of said West Maestra Street the following courses, N89°24'S4"W a distance of 204.44 feet to a 5/8 inch rebar; Thence along the arc of a curve to the left having a radius of 180.00 feet, an arc length of 23.47 feet, a central angle of 07°28'20", a chord bearing S86°SU'Sb"W a distance of 23.46 feet to a 5/$ inch rebar; Thence S83°06"46"W a distance of 100.54 feet to a 5/8 inch rebar; Thence along the arc of a curve to the right having a radius of 180.00 feet, an arc length of 19.90 feet, a central angle of 06°19'58", a chord bearing S87°25'07"W a distance of 19.89 to a 5/8 inch rebar; Thence N89°24'54"W a distance of 115.82 feet to a 5/8 inch rebar marking the centerline intersection of said Wesi 1~Iaestra Street and South Alfani Way; Thence leaving said centerline of West Maestra Street and along said centerline of South Alfani Way N00°39' 10"E a distance of 25.00 feet to a 5/8 inch rebar marking the intersection of said centerline of South Alfani Way and the North boundary of Strada Bellissima Subdivision No. I as recorded in Book 93 at Pages 11265 through 11268 official records of Ada County, Idaho; 'Thence leaving said centerline of South Alfani Way and along said North boundary line N89°24'54"W a distance of 356.13 feet to a 5!8 inch rebar; Thence leaving said North boundary line N00°45'45"E a distance of 1050.09 feet to a 5/8 inch rebar on the South boundary line of Bear Creek Subdivision No. 6, as recorded on the official plat thereof, in Book 87 at Pages 9986 and 9987, Ada County, Idaho; `Thence along said South boundary line S89°27'46"E a distance of 281.52 feet to a Sib inch rebar making an angle paint in said South boundary line; Thence continuing along said South boundary line N24°42'45"E a distance of 104.60 feet to a 5/8 inch rebar marking an angle point in said South boundary line; Thence leaving said South boundary line and along the westerly boundary line of Lot 9, Block 22 of said Bear Creek Subdivision No. b N24°42'45'B a distance of 9.55 feet to a 1 /2 inch rebar making an angle point in said westerly boundary line; Thence continuing along said westerly boundary line N48°33' 12"E a distance of 243.$6 feet to a 1!2 inch rebar; CU56140 RE ZONE C.F.GAL FOR VAL.LFY SHEP KNS APRIL 12 07.doc Psge 1 of 2 C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 Thence leaving said westerly boundary line and along the North boundary line of said Lot 9, N85°27' I8"E a distance of 141.87 feet to a ]; 2 inch rebar marking an angle point in said North boundary line; Thence continuing along said North boundary line S89°26'49"E a distance of 102.05 feet to a 5!8 inch rebar marking the intersection of said North line and the West right-of--way line of said South Meridian Road; Thence S89°26'49"E a distance of 65.00 feet to the POINT OF BEGINNING. Said parcel contains 22.69 acres more or less and is subject to any easements and or rights-of--ways ofrecord or implied. kEVI QPRQVAI ?Y ~~~ Rf ~~nERIDIAN PUBLIC woRKS DEPt ('056110 RE ZONE L_EGA1.. FOR VALLEY 5HEP KNS APR1[. 12 07 d« Page 2 of 2 (r CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 rcr~~ulvr~ r.xrilt~l•1' Ft~R VALLE'~__S_HEPHERD CHURCH ._ --- A PORTION OF THE NEI/4 OF THE SE I/4 OF SECTION 24 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOI5E MERIDIAN CITY OF MERIDIAN, ADA COIJNTY, IDAHO 2007 C~fNFRAL LEGEND - '- - - BOUNDARY ~iNE 589'26'49"E -` _ - ~-~~ EXIS'ING 80UtJ0ARY ! INF 102.05' rS$9'Z6'49"E --- - SECTIOra LINE I 65.00' -- - --- ROAp CENTER LINE _-~-"-- ROACi RIGHT-OF - WA`" N65'27't8'C ro t 41.87 3b E,d~ coR. c u la. 9,w7a _' eX~arNC DoT _+NE ~M ® FOUND S,!9 INCH REbAR ~ ~tii ~ , 1 FOi1N0 ' /[" REBAR X33 es.oo' 1 fi$ FOUND ALUMINUM CAP ~e o .m F ~. SCAtL ~ " 2C•O' TE l.tlllllL DRAWN 9Yu i "..]00' 9.55 ~ I yh . q BEAR GREEN `Iry h y0~ ~ I St1BDM510N IJ0.8 ;~V •~ 6 ~ 1 589.27 46 f 281.32 I I 1~ i I G 1 I ~ 1 w2d i '°a~ c~ REVI ~R~IAI i ~ 1 ea "' m ~ l . ~- ° o I I - p~ I ~~ 1 MERIp1AN PUBLIC I ~ N Q m ~ 1 zl WORKS p~P'C. ( ~ I 1 1 I I I R 1 I ~ W. MAESTRA ` 1 -.. ST. I63~'I ~ - I 1 , N89'24'S4 W 201,44 ~ ~ ~, S. ALFANI -_-_-_ WAY DELTA TANGENT CHORD CHORD pIR ROAD w ~ n~ ,~. rze_'2o° 11.75 z3.4s sas~so'ss-w s+w~a VALLEY SHEPARD CHURCH J_.._.~ R~ .'3' C? N I~ C SC H 1 BiY I T CL~ N89'24'S4"W ~ ------ .. 156.13'--''~ 2 ~_ N89'24'S4"W 583'06'46' N00'39'10"E 100.54 1RA1A BEll13S11M 25.00 ~ 115.92 Bw~s,o/: Iw , C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF AUGUST 21, 2007 D. Required Findings from the 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 rezone the subject property to C-G. The City Council finds that a zoning map amendment from R-8 to C-G for the subject property complies with the applicable provisions of the Comprehensive Plan "Public /Quasi-Public" designation. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed church /religious place of worship and ancillary church uses are permitted within the requested C-G zone. The map amendment shall not be material{y detrimental to the public health, safety, and welfare; The City Council finds that a zoning amendment to C-G will not be detrimental to the public health, safety, or welfare, if retail, service, and other commercial uses are prohibited on this site at this time. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. c. 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, The 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. D