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Stake House AZ 07-019
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ~ BOISE IDAHO 09/26/08 01:69 PM DEPUTY Uicld Allan III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III RECORDED-REQUEST OF 10810546 Meridian Ciry DEVELOPMENT AGREEMENT 5a~~s~o~ PARTIES: 1. City of Meridian 2. Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, Owner THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this_~ day of , 2008, by and between City of Meridian, a municipal corporation of the State f Idaho, hereinafter called CITY, and Corporation of the Presiding Bishop of The Church of Jesus Christ ofLatter-day Saints, whose address is 50 E. North Temple Street, Salt Lake City, UT 84150, hereinafter called OWNER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of a 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, hereinafter referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner makes a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner has submitted an application for re-zoning of the Property described in Exhibit A, and has requested a designation of L-O, Limited Office District (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 07-019 STAKE HOUSE PROJECT) PAGE 1 OF 9 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 25`" day of March, 2008, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which aze 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 to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, City requires the Owner 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 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. 02-3 82, 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 aze contractual and binding and aze 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 cleaz context of the presentation of the same requires otherwise: 3.l CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government DEVELOPMENT AGREEMENT (AZ 07-019 STAKE HOUSE PROJECT) PAGE 2 OF 9 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: means and refers to Corporation of the Presiding Bishop of T'he Church of Jesus Christ ofLatter-day Saints, whose address is 50 E. North Temple Street, Salt Lake City, UT 84150, 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 L-O, Limited Office 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 which are herein specified as follows: No development is being proposed at this time. Owner has requested annexation to comply the Agreement recorded under instrument #106096022 which allowed the Church to connect to City services without being annexed into the Ciry, until contiguous The Ciry limits now border this property on all four sides. 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 shall develop the Property in accordance with the following special conditions: 1. All future development of the subject property and/or expansion of existing structure(s) shall comply with City of Meridian ordinances in effect at the time of development. 2. If/When this site re-develops; access points to/from this site will be evaluated and may be restricted/limited by the City of Meridian and/or ACHD. 3. If/When this site re-develops; full compliance with the landscaping standards of the UDC shall be enforced. DEVELOPMENT AGREEMENT (AZ 07-019 STAKE HOUSE PROJECT) PAGE 3 OF 9 4. Except for additions or buildings associated with the existing church, no building permits shall be issued on this site until a subdivision has been approved by the City Council. 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 or Owner's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" ofthis 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 consents 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 and if the Owner fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said development. 9. DEFAULT: 9.1 In the event Owner, or Owner's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner 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. DEVELOPMENT AGREEMENT (AZ 07-019 STAKE HOUSE PROJECT) PAGE 4 OF 9 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's cost, and submit proof of such recording to Owner, 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, 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 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 parry 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 maybe 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 or City is delayed for causes which aze beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similaz 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 agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner has completed all improvements necessary to obtain a Certificate of Occupancy. The City agrees that all rights that the Owner has under any Certificate of Occupancy obtained prior to the annexation will not be diminished, obstructed, or impeded. The Owner agrees that no further Certificates of DEVELOPMENT AGREEMENT (AZ 07-019 STAKE HOUSE PROJECT) PAGE 5 OF 9 Occupancy in which the improvements have not been installed, completed, and accepted by the City will be issued until all improvements associated with future development are completed. 15. ABIDE BY ALL CITY ORDINANCES: The Owner agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this 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: 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 Ave. Meridian, ID 83642 OWNER: Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints 50 E. North Temple Street Salt Lake City, UT 84150 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. DEVELOPMENT AGREEMENT (AZ 07-019 STAKE HOUSE PROJECT) PAGE 6 OF 9 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 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 Owner, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner 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, conditions and understandings between Owner and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understandings, either oral or written, express or implied, between Owner 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 (AZ 07-019 STAKE HOUSE PROJECT) PAGE 7 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS ~iy",.' By: Terr gad CITY OF MERIDIAN MAYOR T Y de WEERD ATTEST: \ .~`y OF ~~Rf~y ''~ .~ .~ 't ~ 'qy ` ~O AL JAYCEE . HOLMAN, CITY CLER~ ~l~,_ ~~ DEVELOPMENT AGREEMENT (AZ 07-019 STAKE HOUSE PROJECT) PAGE 8 OF 9 STATE OF ~~ , County of f~~~ .~~ , ss On this p ~ day of ~ f~~-~,®~r 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared ~~~/ ~fG~-~u~~ known or identified to me to be ~o~~/ ~~„~,~,z~, .4.a .ter of the Corporation of the Presiding Bishop of The Church of Jesus Christ ofLatter-day Saints and the person who signed the above 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. (SEAL) FLORA D. WRIGHT ~~'+ NOTARY PUBLIC - STATE OF UTAH _' - = 50 E. NORTH TEMPLE STREET °. ~ SJLLT LAia: CITY. UT 84150 My Comm. .10/10/2009 STATE OF IDAHO ) ss County of Ada ) Notary Public for ,f,~iz~d~ci~a~ Residing at: ~~~ ~,~~ ~~~ My Commission Expires: ~T,~, ~y On this ~ 3~ day of S ~ m k~~ , 2008, before me, a Notary Public, personally appeared Tammy de Weer and Jaycee L. Holman., 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 axed my official seal the day an~ in this certificate first above written. ••® ®•. •' ~~_G •. s T • ~S4'°' • ~ ~ e (SEAL) S Notary Public for Idaho . ~ . e' Residing at: C9~C~l~~ ~ 10 ':~~'~~ Commission expires: 10-1 ~-~ 0 ~'•. Wit'' lI ~P;~'• DEVELOPMENT AGREEMENT (AZ 07-019 STAKE HOUSE PROJECT) PAGE 9 OF 9 Legal Description sec Nousrats resatemals Revisedb~te:.~bet 13, 2(Jp7~ Jrmj'eet: 1;Oq=U4 Page: j of 1 'P)flr C1E~IRGS QF 3ESi~7S CH~tIST Ok' I.A7TERiDAY SAI~V')<'S ANN)~]CAT~QN' P,11.XZt~L: $~S.i N'ort6 I.6Cti9t G"i''oVe 3toad Apata;el of°tand Iteing p pgrtion of the pareej a~ de~cnbeli•an 1Welpty, Dpezl lnsYrument Nc. 773d33$, A~'aj eou~ itgebrds sard~:p~cce115eing siftiated id• the.~IUftlieasl '/. of the Southeast'/. bfaSectian 3'd, Township 4=lyprtl~ Repge 1 F,.a.4t;.13oi$e I4lefridian, Ada Conntg. T¢al;o Being morn partieulatlyde~beti its foflows: Ebmmen ''ng at tfi~ Southeast aprnar•of laid ~ctioo 3.t't; tEigz~ along thg )3a~t lire of said S..eofio~p also being the ce~et'1.ipe ol~'L.oe~~gya I~C)tlii lOo~ DO°25''19" East 1Z8~:02 feetYO the PO~V'T bF BEGIIVIYING; tyitsa¢e t~t;avin$ said >.;:~t line I~T'orl~h.8.i1°4~'$S"'V~est4b:0© feettothe VYest Rl~it-of-VV1ray line ofLocust C3iove Road; Il-enee t:Obtl~tuiag •dlong the. Soitth line of tlig'Ptlrcel ag descn'bed• in 1~Yerra~.ty Delsd insrkutpent 1\To. ~73A~35, Ada ~otint~ RECOrds North 88°4y'S5" 1lVesl 74S.py {get (formerly South 89°13'04"East) to the'Vlle'st line a{said Pdreel;thence AI`orth O1) 25'22".Rast.8$1.99 peer{fc}~Y $outb q°00'¢Q" 1~Veet. $.52.84 feet) to•titbEast=Vest motet p#'Seetiote line; tl~ttce leaping said Wept Parcel GnB South $9°54'9'' least 745:,00 feet.{forapeltly'$outli 89P44' ! 5" West) along said East-West Ceiifer af~S'ectipn lice to tTie'•gVest Rigfltof-WaX'line of ~dcusi ~Qrove Road; thence aontjnuing alag8 the. F;aSC West.Ceuter of Stetlgtt fine Sputii 89?59'.'29" fast 40.00 feet to the P.~t 1~4 ~corne~ o~said $`eetion 30; thence along the tract titXe+of eaiti Scdti~pn. Stith 00~'1'S'19"Rresl 86'x.19 feel tp thti PbINT OF E~~)'1VIVI~IG. $aid paPegl •c6titaint; 674,'72 sgpare >ept ~Or 15_49 hies turd .is subject to e@sgmepts of record and bf nse. :• e dv D~ 13 ZQ~1 a~l~~~u~lc ~voltt~:o~ 428 E. AKIft1' AWe. Ste, 1 rYa •'NBhtfla, Id 8~7 ~ Ftro-~e (308) 46ti~4t3Q1 • FFx f~i a88A808 • Mtemex W~rw.gtk ta8~ ISMI gngin8er3h9 • Sutr4tying ' Pfamdng ~t~CED MaR a o Zoos City Of Meridian City Clerk Office CITY OF MERIDIAN ~~,"~ 1~~ FINDINGS OF FACT, CONCLUSIONS r~A~ Q OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 15.49 acres from RUT (Ada County) to L-O (Limited Office) for the Stake House Pro3ect, by the Church of Jesus Christ of Latter Day Saints Case No(s). AZ-07-019 For the City Council Hearing Date of: March 4, 2008 (Findings on the March 25, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 4, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of Mazch 4, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 4, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of Mazch 4, 2008 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 at Title 11 Meridian City Code, arld 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-SA. CITY OF MEItTDTAN FINDINGS OF FACT, CONCLUSIONS OF I.AW AND DECISION & ORDER CASE NO(S). AZ-U7-019 -1- 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 March 4, 2008 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 request for annexation and zoning, as evidenced by having submitted the legal description and exhibit map stamped and dated December 15, 2007 by Ladd Cluff, FLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject annexation and zoning and shall include the provisions noted in the attached Staff Report for the hearing date of March 4, 2008, incorporated by reference; and D. Attached: Staff Report for the hearing date of March 4, 2008 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-019 -2- By action of the City Council at its regular meeting held on the ~~~ day of 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCII. MEMBER CHARLIE ROUNTREE VOTED 1~ COUNCIL MEMBER KEITH BIRD VOTED ~~ MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy eerd Attest: Jaycee lman, City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. g Dated: ~~ Z1' ity Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-019 -3- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH'E HEARING DATE OF MARCH 4, 2U08 STAFF REPORT Hearing Date: March 4, 2008 . ~, ~:. ~ IDIA1~~-- TO: Mayor & City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 MAR 2 0 200 SUBJECT: Stake House City Of Meridian • AZ-07-019 City Clerk Office Annexation and Zoning of 15.49 acres from RUT (Ada County) to L-O (Limited Office), by the Church of Jesus Christ of Latter Day Saints. 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, the Church of Jesus Christ of Latter Day Saints, has applied for Annexation and Zoning (AZ) of 15.49 acres from RUT (Ada County) to L~ (Limited Office). The site is home to an existing LDS Church which is not proposing any new development at this tune. The applicant is requesting annexation to comply with the Agreement recorded under instrument #106096022 which allowed the Church to connect to City services without being annexed into the City, until it was eonti~guous. The City limits now border this property on all four sides. The subject site is located at 5555 N. Locust Grove Road in Section 30, T.4N., R.1 E. This property is within the Urban Service Planning Area and is contiguous to the current City limits. 2. SUN[NIARY 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 AZ application. Staff is recommending approval of the Stake House Annexation and Zoning (AZ-07-019j request as presented in the staff report for the hearing date of January 17, 2008, based on the Findings of Fact listed in Exhibit D of this staff report. The Meridian Planning & Zoning Commission heard this item on January 17.2008. At. the public hearing the Commission moved to recommend approval of the suliiect AZ request. a. Summary of Commission Public Hearing: i. In favor: Ladd Cluff (Applicant's Representativel ii. III ODUOSItioII: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting .on application: Bill Nary b: Kev Issue(s) of Discussion by Commission: y~ Development Agreement for the site. c. Kev Commission Change(s) to Staff Recommendation: L None d. Outstanding Issue(s) for City Council: i. Development Agreement requirements for the site (the Applicant does not want a DA). The Meridian itv Co ~ncil lreard this item on March 4 2008 At the nubLic he? 'n he ouecil approved ~_. the subiect 7, g, Snm _ rea pest. mary of City Co ~ncil Pub i --- s Hea 'nQ: add Cl .ff Scott and i l t H R li ' y In favor: Terv_B . . _ ve . a eoresen s (Ann cant radshaw Lori Shenheid` _ Carl Shenher Stake House AZ ' I " CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-07-019 as presented in the staff report for the hearing date of Mazch 4, 2008, with the following modifications: (Add any proposed modifications) Denial After considering all staff, applicant and public testimony, I move to deny to File Number AZ-07-019 as presented during the hearing on March 4, 2008: (Please state specific reasons for denial of the annexation request) Continuance After considering all staff, applicant and public testimony, I move to continue File Number AZ-07-019 to the hearing date of (insert continued heazing date here) for the following reason(s): (State specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 5555 N. Locust Grove Road (Pazcel #50530417300) Section 30, Township 4North, Range 1 East b. Owner: Church of Jesus Christ of Latter Day Saints 50 E. North Temple Street Salt Lake City, Utah 84150 c. Applicant/Representative: Ladd Cluff, Elk Mountain Engineering d. Present Zoning: RUT (Aria County) e. Present Comprehensive Plan Designation: Public/Quasi-Public f. Description of Applicant's Request: The applicant is requesting annexation and zoning into the City with an L-O zone. g. Applicant's Statement/Justification: The applicant is requesting annexation into the City to comply with the agreement that allowed the Church to connect to City water/sewer services outside City limits. (See applicant's narrative submitted with application.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation 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 and Zoning Commission and the City Council on this matter. Stake House AZ ' 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 b. Newspaper notifications published on: December 31, 2007 and January 14, 2008 (Planning and Zoning Commission); February 11 2008 and February 25.2008 (Gifu Council) c. Radius notices mailed to properties within 300 feet on: December 21, 2007 (Planning and Zoning Commission); February 8,.2008 .(City Council) d. Applicant posted notice on site by: January 7, 2008 (Planning and Zoning Commission); February 22. 2008 (City Council) 6. LAND USE a. Existing Land Use(s): There is an existing LD.S church on the site. b. Description of Character of Surrounding Area: The area surrounding the subject property consists of single-family residential properties and projects. c. Adjacent Land Use and Zoning: 1. North: Madelynn Estates, zoned R-4 2. East: Vienna Woods Subdivision, zoned R~ 3. South: Tustin Subdivision, zoned R-4 4. West: Cardigan Bay Subdivision, zoned R-4 d. History of Previous Actions: Agreement recorded under instrument # l Ob0960022 between the City and the Church to connect to City services. e. Existing Constraints and Opportututies: 1. Public Works: Location of sewer: N Locust Grove Rd Location of water: N Locust Grove Rd' Issµes or concerns: None 2. Vegetation: NA 3. Floodplain: NA 4. Canals/Ditches Irrigation: NA 5. Hazards: Staff is unaware of any hazards associated with this property. 6. Proposed Zoning: L-O (Limited Office) 7. Size of Property: 15.49 acres f. Subdivision Plat Information: The applicant has not submitted a preliminary plat, or a concept plan for this property, with the subject annexation application. The applicant is not proposing any new development of this property at this time. g. I;and$caping: 1. Width of street buffer(s): A 25-foot wide landscape street buffer is required adjacent to N. Locust Grove Road, an arterial •roadway per the UDC. 2. Width of buffer(s) between land uses: A 20-foot wide buffer between land uses is required between L-O zoned property and the residential properties to the north, south and west of the subject site. 3. Other landscaping standards: UDC 11-3B-8 and UDC 11-3B-12 require landscaping within and around parking lots. The site currently has an existing Church with the associated parking lot. The parking lot landscaping on the site does not currently conform to the standards of the UDC and any Stake House AZ - 3 " CITY OF MERIDIAN PLAN ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 re-development of the site will require compliance with the applicability section of the landscape standards (LJDC-11-3B-2). h. Summary of Proposed Streets and/or Access: As mentioned above, the applicant is not proposing to develop/plat this property at this time. Access to this site is currently provided from two full access driveways to N. Locust Grove Road. No new access points are proposed or approved with this application. If/When this property re-develops staff will re-evaluate access points to this property. 7. COMMENTS MEETING On December 28, 2007 a joint agency and departments meeting was held with service providers in this azea. The agencies and departments present include: Meridian Fire Department, Meridian Pazks Department and Meridian Public Works Department. All comments are pertaining to future development of this site. 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 pazks 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 sun ounding land uses, the location of the property, and the transportation issues associated with the development of the property. The Comprehensive Plan Future Land Use Map designation for this property is "Public /Quasi-Public" However, the UD.C does not have aPublic /Quasi-Public zoning district. Therefore, the Applicant is requesting to rezone this property to L-O. A church is a principally permitted use in all four commercial zones (L-O, C-N, C-C, & C-G), a conditional use in certain residential zones (R-8, R-15, & R-40), and is prohibited in the R-2 and R-4 zones. The subject property is surrounded by residential properties zoned R-4. At this time, the applicant is not proposing any new development on the site. During pre-application meetings, Staff suggested the applicant zone the site L-O, so the church would comply with the underlying zoning district as a permitted use rather than having the applicant submit for a conditional use permit allowing a church in a residential zoning district. Staff believes the L-O zone is appropriate for the church site; however, any new development or re-subdivision of the site should be complimentary and mindful of the surrounding uses i~n the area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the subject property (staff analysis in italics below policy): • Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: - Sanitary sewer and water service have been extended to the project at the applicant's expense. - The subject lands currently tie within the jurisdiotion of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently die within the jurisdiction of the Ada County SherifJ"s Office. Once annexed the lands will be serviced by the Meridian Police Department (A1PD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. Stake House AZ - 4 - CITY OF MERIDIAN PLAMV~ING DEPARTMENT STAFF REPORT FOR TH'E HEARING DATE OF MARCH 9, 2008 - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Llbrary District should su.,~`er no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Protect existing residential properties from incompatible land use development on adjacent pazcels. (Chapter VII, Goal N, Objective C, Action 1) The applicant is not proposing any new development jor this property. Staff believes that the existing church is compatible with the other residences in this area. Churches are typically located adjacent to residential zones and uses within the city. When/If this property redevelops, full compliance with land use bu, fJ`ers and all other UDC standards should be met. • "Require appropriate landscape and buffers along transportation comdors (setback, vegetation, low walls, berms, etc.)" (Chapter VII, Goal N, Objective D, Action 4) The applicant is not proposing any new development for this property. If this site develops in the future, a 25 foot landscape buffer will be required adjacent to N. Locust Grove Road. • "Permit new ...commercial development only where urban services can be reasonably provided at the tune of final approval and development is contiguous to the City." (Chapter N, Goal I, Obj. A, #6y The existing church is already connected to city services. • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) The applicant is not proposing any new development for this property; however, there is existing landscaping adjacent to Locust Grove Road and internally to the building and' the parking lot for the church site. Currently the landscaping on the site is substandard and any re-development or expansion of the site will require compliance with the UDC landscaping standards. The applicability for compliance regarding expansion of the site is outlined in UDC 11-3B-2. • "Protect existing residential properties from incompatible land use development on adjacent pazcels." (Chapter VII, Goal N, Objective C, Action 1) The Applicant is proposing a commercial zone adjacent to established residential areas. Currently, there are residential uses along the northern, southern and western property boundaries. The UDC requires a 20-foot landscape buffer between L-O zoned property and residential uses. On the submitted site/landscape plan, the site is developed with bald fields and open grass fields along the western and southern boundaries. Along the northern boundary, the subject site indicates a SO-foot buffer. Any development proposed for the future will require the appropriate buffer based on the use oral zoning on the site. Sta,~`f cads that the proposed L-O zoning designation is generally harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2B-21ists a church as a Permitted Use (P) in the L-0 zone. b. Purpose Statement of Zoning District: 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 Stake Houae AZ - 5 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH•E HEARING DATE OF MARCH 4, 2008 Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and nux 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 Reconunendation: AZ Application: Zoning: As mentioned above, the applicant is requesting annexation to comply with the Agreement recorded under instrument #106096022 which allowed the Church to connect to City services without being annexed into the City. The site is home to an existing LDS Church and is not proposing re- development at this time. The UDC does not have aPublic /Quasi-Public zoning district. As stated above, a church is a principally permitted use in an L-O zone, a conditional use in certain residential zones (R-8, R-15, & R-40), and is prohibited in the R-2 and R-4 zones. Staff suggested the applicant zone the site L-O, so the existing LDS Church would comply with the underlying zoning district as a permitted use rather than having the applicant submit for a conditional use permit allowing a church in a residentia•1 zoning district. Staff realizes that the site encompasses approximately 15 acres which is not typical acreage for an office development adjacent to residential development. However, Staff believes the L-O zone is appropriate for the church site and any future development and/or subdivision on the site will require full compliance with the LJDC standards. Staff has incorporated this as a provision in the DA in Exhibit B of this staff report. The annexation legal description submitted with the application (stamped on December 15, 2007 by Ladd F. Cluff, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Access: Currently the site has two full access driveways to/from N. Locust Grove Road and no roadways aze stubbed to the property from adjacent developments. There is an existing street (E. Strauss Drive) adjacent to the southeast corner of the site. Staffbelieves that any future development of the site should require alignment with said street across Locust Grove Road and/or a shared access agreement maybe required. Landscape: As stated earlier, there is existing landscaping adjacent to Locust Grove Road and internally to the building and the parking lot for the church site. Most of the landscaping does conform to the standards of the UDC but some of the requirements are not met. There are some planter islands in the parking lot that do not contain trees and there are ball fields and grassy areas adjacent to the residential uses that do not have the require landscaping (i.e. trees). In addition the Ada County Highway District has requested the City require a 5-foot sidewalk located along Locust Grove Road. Any new development on the site or expansion of the existing building will require compliance with the UDC landscaping standards. The applicability for compliance regarding expansion of the site is outlined in UDC 11-3B-2. Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. The applicant is not proposing to develop this bite at this time. However, Staff believes any new development on the site should be compatible with the existing residential uses in the area. Therefore, Staff is proposing a DA be required for this property. 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. A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Mecidian and the Stake House AZ ' 6 " CITY OF MERIDIAN PLAMd~ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 property owner(s) (at the time of annexation ordinance adoption). The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 3 months of Council approval to initiate this process. The DA shall include, at minimum, the following: • All future development of the subject property and/or expansion of existing structure(s) shall cornpiy with City of Meridian ordinances in effect at the time of development. • If/When this site re-develops; access points to/from this site will be evaluated and may be restricted/limited by the City of Meridian and/or ACRD. • If/When this site re-develops, full compliance with the landscaping standards of the UDC shall be enforced. • Except for additions or buildings associated with the existing church, no building permits shall be issued on this site until a subdivision has been approved by the City Council. b. Staff Recommendation: Staff recommends that the subject property be annexed into the City with a~n L-O zoning designation and requirement of a Development Agreement per the comments listed in Exhibit B and the Findings of Fact listed in Exhibit D of this staff report. The Meridian Planning & Zoning Commission heard this item on January 17.2008 At the public hearing the Commission moved to recommend aaaroval of the subject AZ request. 11. E~IHIBITS A. Drawings 1. Vicinity Map 2. Site/Landscape Plan (dated: December 7, 2007) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department C. Legal Descriptions & Exhibit Maps D. Required Findings from Unified Development Stake House AZ " ~ " IAN PLANNING' DEPARTMENT STAFF ~ OF NIERID Vicinity Map M '1 4 '~ ~~ a v. 1 E HARING DATE OF MARCH ~• 2~B REPORT FORTH ~ibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 2. Site/Landscape Plan ' 'n'8 5 t 8' 'N 'r < 'off IVO~/J8S "" ' '' , : ~ .~ ' tMd ddv9S,ONVI pNV 3I(S - ~ . 5tnh-bS ~vp u~u1~ !o. t$-a~tr~ s~-s~r ~a HJanrr~ „~.. ~: ; ~ u .n ~t ~ ~t. t ~~~ ~~. ~' ~ ~ . a ~~ 0 ~ F't ED~t.'~~.~$t~eie~~ f 61~ 1 ; ~ '~ 1 1 1 Y - i ~, ' .~ ~ y~ ~ ~ eji s ~I; ~ w.+'.•~. ~ a•poos+ ~~E~'I ~ 00 .. r~ ~ ~ .~. .` -~. ~Y .~ } ~ . . ~- ~~Q ' ' }~ e 0 oa -,~(l ~~ ~~ ~~ . 1 x Exhibit A CITY OF MERIDIAN PLANN•1NG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 B. Agency Comments 1. PLANNING 1.1. The annexation legal description submitted with the application (stamped on December 15, 2007 by Ladd Cluff, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2. A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian and the property owner(s) (at the time of annexation ordinance adoption). The applicant shall contact the City Attorney, Bill Nary, at 888-4433 within 3 months of Council approval to initiate this process. The DA shall include, at minimum, the following: • All future development of the subject property and expansion of existing structures shall comply with City of Meridian ordinances in effect at the time of development. • lf/When this site re-develops; access points to/from this site will be evaluated and may be restricted/lirnited by the City of Meridian and/or ACRD. • If/When this site re-develops, full compliance with the landscaping standards of the UDC shall be enforced. • Except for additions or buildings associated with the existing church, no building permits shall be issued on this site until a subdivision has been approved by the City Council. 2. PUBLIC WORKS 2.1 Sanitary sewer service to this development will be via extension of mains in N Locust Grove Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard fomns 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 Departnnents Standard Specifications. 2.2 Water service to this site wi•11 be via extension of mains in N Locust Grove Road. The applicant shall be responsible to install two water connections one from N Locust Grove Road and a second connection to the existing 8 inch water line located behind the existing structure due to fire Aow requirements. 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 provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 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 not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (on the form available from 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 EXhIIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The appi~icant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas. Exhibit B CITY OF MERIDIAN PLAMV~ING DEPARTMENT STAFF REPORT FOR THE WEARING DATE OF MARCH 4, 2008 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the azea being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898- 5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208}334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc. 2.10 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.11 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.13 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.14 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.15 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. 2.16 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.17 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.18 The applicants design engineer shall certify that all seepage beds out of the public right- of-way aze installed in accordance with the approval design plans. This certification must be received by the City of Meridian Public Works Department prior to the project receiving final approval. 2.19 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.20 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2008 3. FIRE DEPARTMENT 3.1 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.2 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.3 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. 3.4 The Fire Dept. has concerns about the addressing of the existing house and the address being visible from the street which the project is addressed offof. Please contact the Addressing Specialist at 898-5500 to address this concern prior to the public hearing. 3.5 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.6 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. 3.7 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). • For Group R-3 and Group U occupancies, the distance requirement shall be 600 fit (183 m). • 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). 3.8 There shall be a fire hydrant within 100' of all fire department connections. 3.9 The applicant shall contact the Meridian Fire Department to set up a Fire Inspection for the existing church building on the site. 4. ADA COUNTY HIGHWAY DISTRICT 4.1 ACPID Planning Staff is recommending the applicant construct a 5-foot concrete sidewallc on N. Locust Grove Road abutting the site, located no closer than 28-feet from centerline. Exhibit B CITY OF MERIDIAN PLAN VING DEPARTM.~NT STAFF REPORT FOR THE HEARMG DATE OF MARCH 4., 2008 C. Legal Description and Exhibit Map • ~ ~ d tae ewnunus ascls ~~_ Revised btite:.~ecetabet 13, 2007' l~+mject: ~1:00~04 Page: l of l TIE CI~~H QF JESiIE CSI;tIST .OF LA7TER;DAY SAINTS ANNIGXAT~QN~ P~RC,F.I•r 555 North Locust Gi'Obe Road Apaistel of'iand being a pprtion of the parcel a$ describe{i in W~,aty, Deed Instrument No. 773A~3~, A{tq Cougty >teFCrds sai:d~.parcel: being situatedin the lYottheast %. of the Southeast'/. t>f Section 3(1, Township 41~4cflt, llapge 1 East;.l3oiae IVJgridinn, Ada• Coupty, Ttlaho beingmore ! pa-titularly desoribett its follows: Com:nentting: at the Southeast aprner•oP~aid Section 3.a; tEtt:nct: elort.8 the East line of said Se4fior) also being thn centerlirte oi?i C,~oye 1toad Alot~th 00°25''I9" Fast 17.8:02 feet to the PQ~F11' OR BEGINNING; thenoe •fiEaVin~ said F~yf `linC s TToith .88°47'$S" 'West 41):0.0 feet to. the 'West I3lgltt-of-WBy line pf Locust C3rove Road; thence cbntanuiag >ttonS the. South line of 1C>g'Parcel as desat'bed• in Wariapty Did insttuntent ~Io. 773A53S,f~da Cotmty Records t No#th 88°47'55" West 7dS.t)7 t'get (formerly South 89°13'04" East) tp the'V!/est line o~ said Parcel; Yhence North 0.0°25'22" Ei+st.8~,1.99 feet(fdm}etly Soutl} gQ00'p8" West $.52.84 feet) ttrttto East-West • Center p£'Seetion fine; tkttnce leaving said West Parcel Tine South 89°54"2Si~' East 745_00feeet (forrrte~r}y •$outh 89444' 15" V~esc) atong said East-West Genfer pf;Section line Ito the'•West ItigBt:o'f-Way7ine ofLticus'1•C~rove ltpad; thence oont~nuing aloipg ' the. East-West.Center of $tctigtt line Snutk+ 894.5A'29!' •East 4U..00 feet ttr thi::East 1/4 -comet ofsaid $eetion 30; thence along the Fast . liiXe of said Section, •Sdtiltli 00"2'5' 19"West St>?.19 feet tp the POINT OF $IECLIVIVI~IG. Said parcel •cioutains .674,774 square feet •Or I S_49 acres add .is subjeot to ea~rnents of record and of rise. ~~~ MERa71AP1 PUIBLJC ~WOftK9:D1:P>: 4288 E. (.arA(ty AWa. 9'le, 1Ca •'Nam(1a, Id 83681 ~ F'hoFe (208) 48648QA • Fax ~t08}.x88.4808 • Internet: www.g~,g, CitAl Engineerahg • Sulreying • Running i I _._ . Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2UU8 _r....__.. . - ......-_..`. . . 4 0~3~ ~ Zso~ ~ ~ ~~s~~ ~- Z t1. ~$ ~ ~~ ~. ~ ~ J !C ~I ~ ' ~I , ~ k LVS ~~ ~~ i~ t .~ Na1s-n~o~ns roNw3in. ~ J~ _ _ _ _ .pia .s~~ ~ ___,..T _ _ r,~ -'i.~~~~ .~~~~.-tom-------~-- ~ p r~ -,-- - - --- ,. ..., ' ' . ~ ~ tai ~+ ~~ ~~ ', ~ ~ ,' ,, ~ ~~ F~~~1 ;~' ~I J ~ql ~ ~ ~j° ~~77 1 ~ ;#: ~ ,~ ~ ~ RA 11 r~ ~ ~;~ o~. F+ ~ N ~ t" ~~ ~ R~ ~ ~~ ~~~ ~:w ~~~ ~~ d c+ u a ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o) ~ ~~ r~ 0 u ~ m ~~1 F 1~ 1 , I bit it d!d1~- 1 1~ t ~4 I~ p3;tivi;fNn ~~ .~. ~ ,.r Exhibit C CITY OF MERIDIAN PI,A]dTdING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 4, 2UU8 D. Required Findings from Unif ed Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a fuU 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 all of the subject property to L-O. The City Council finds that the proposed zoning map amendment complies 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; No development is proposed concurrent with the zoning map amendment. The City Council finds that future development of this property should comply with the established regulations and purpose statement of the L-O zone. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Counci•1 rely on any oral or written testimony that may be provided when determuting 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, bnt 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. b. The annexation is in the best of interest of the City (LTDC 11-5B-3.E). The City Council finds that the annexation and zoning of this property to L-O would be in the best interest of the City. Exhibit D