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King's Congregation AZ 08-014ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 3B BOISE IDAHO 01!29!09 03;01 PM DEPUTY Vicki Allen III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III RECORDED-REQUEST OF 1~90883~9 Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. The King's Congregation, Owner/Developer 2 ~~ THI EVELOP NT AGREEMENT (this "Agreement"), is made and entered into thi day of , 2009, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and The King's Congregation, whose address is 1150 E. Pienza Street, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, LC. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developerhri 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/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 24`'' day of March, 2009, has approved City of Meridian Planning Department Staff Report, 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 Staff Report requires the Owner/Developer toenter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPERdeerns it to be in his best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at his 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 Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian 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. 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: DEVELOPMENT AGREEMENT -THE HING'S CONGREGATION (AZ 08-014) PAGE 2 of 11 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 Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to King's Congregation Church, whose address is 1150 E. Pienza 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 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. 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. The applicant shall be responsible for the construction and installation of, and all. costs associated with, the sewer and water service extension and connection to such City services. 2. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 3. No signs are approved with the subject annexation approval. All business signs will require a separate sign permit in compliance with UDC 11-3D. DEVELOPMENT AGREEMENT -THE KING'S CONGREGATION (AZ o8-014) PAGE 3 of 11 4. Construct a minimum 5-foot wide detached sidewalk along Victory Road, as proposed on the "Conceptual Master Plan" attached as Exhibit A.2 of the Staff Report prior to issuance of certificate of occupancy for the existing church building in "Phase 1 ", as defined in the Conceptual Master Plan. The existing driveway accesses to Victory Road shall be removed prior to issuance of Certificate of Occupancy for the existing church building in Phase 1. 6. Direct access to Victory Road is prohibited. Access to this site shall be provided from E. Pienza Street. All other access points to/from the site are prohibited unless approved by ACHD and the City of Meridian. 7. Provide a pedestrian pathway through this site for interconnectivity between Tuscany Village Subdivision and Cavanaugh Subdivision and for access to the future school site to the west, as depicted on the Conceptual Master Plan. Said pathway shall be constructed prior to issuance of Certificate of Occupancy for the existing church building in Phase 1. A minimum 25-foot wide street buffer shall be installed adjacent to Victory Road in compliance with the standards listed in UDC 11-3B- 7C. Said buffer shall be installed prior to issuance of a Certificate of Occupancy for the existing church building in Phase 1. 9. A minimum 10-foot wide street buffer shall be installed adjacent to Mesa Way in compliance with the standards listed in UDC 11-3B-7C. Said buffer shall be constructed with each phase of development, as depicted on the Conceptual Master Plan, prior to release of Certificate of Occupancy for each structure. 10. A minimum 20-foot wide landscape buffer shall be installed along the southern end of the west property boundary, and the south and east property boundaries adjacent to residential uses, in compliance with the standards listed in UDC 11-3B-9C. Said buffer shall be constructed with each phase of development, as depicted on the Conceptual Master Plan, prior to the Certificate of Occupancy for each structure. 11. The Applicant shall comply with the tree preservation standards listed in UDC 11-3B-10 for protection of existing trees that are proposed to be retained and existing trees 4-inch caliper and greater that are proposed to be removed. DEVELOPMENT AGREEMENT -THE KING'S CONGREGATION (AZ OS-014) PAGE 4 of 11 12. Development of this site shall substantially comply with the Conceptual Master Plan and building elevations, including construction materials, submitted with the subject annexation application included as Exhibits A.2, A.3, and A.4 of the Staff Report. 13. Development of this site shall comply with the current design standards in effect at the time of Certificate of Zoning Compliance. 14. A Certificate of Zoning Compliance (CZC) that meets the requirements herein is required for approval of the existing church use, prior to release of Certificate of Occupancy for the structure in phase 1. Another CZC will be required for Phase 2 of the development, as set forth in the Conceptual Master Plan. 15. The applicant shall bring the exiting systems in the existing building up to current International Fire Code standards, prior to issuance of Certificate of Occupancy for the change in use of the building. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon the failure of the Owner/Developer or its heirs, successors, or assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two (2) years of the date that this Agreement is effective, subject to the notice and cure period set forth in Section 12.1 and any permitted delay set forth in Section 12.2 below, 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 consents upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: that the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developer fails 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 accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. DEVELOPMENT AGREEMENT -THE KING'S CONGREGATION (AZ 08-014) PAGE 5 of 11 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City in accordance with the terms hereof, including the notice and cure period(s) set forth in Section 12.1 below. 9.2 A waiver by City of any default by OwnerlDeveloper of any one (1) 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's/Developer's cost and in form and substance reasonably acceptable to Owner/Developer, 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 and recordable 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 may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure DEVELOPMENT AGREEMENT -THE KING'S CONGREGATION (AZ 08-014) PAGE 6 of 1 l may be extended for such period as may be reasonably 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 fire, casualty, earthquake, civil disobedience, strikes, acts of God or similar causes, Owner/Developer or City shall not be in default hereunder and the time for such party's 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/Developeragrew that 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/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation in the manner set forth in this Agreement 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: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNER/DEVELOPER: The Kings Congregation Attn: Alan Burrow 1150 E. Pienza Street Meridian, ID 83642 DEVELOPMENT AGREEMENT -THE KING'S CONGREGATION (AZ OS-014) PAGE 7 of 11 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer 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. 20. TERMINATION OF AGREEMENT. This Agreement shall terminate upon Owner/Developer'srnmpletion of its obligations under this Agreement and the City's acceptance of such improvements as set forth herein and determination, in its sole and reasonable discretion, that Owner/Developer has fully performed its obligations under this Agreement. Upon such termination, City agrees, upon written request of Owner/Developer, to promptly execute and record an appropriate and recordable evidence of termination of this Agreement effective to release the Property from the obligations and covenants contained herein. 21. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. DEVELOPMENT AGREEMENT -THE KING'S CONGREGATION (AZ 08-014) PAGE 8 of 11 22. FINAL AGREEMENT: This Agreement, together with the Exhibits attached hereto (which are hereby incorporated into this Agreement as though set forth in full) 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/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 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. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [Signature pages follow immediately.] DEVELOPMENT AGREEMENT -THE HING'S CONGREGATION (AZ 08-014) PAGE 9 of 11 IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: THE KING'S CONGREGATION / l/ ~. l- By: Alan Burrow, Officer CITY OF MERIDIAN By. ,~ ~ ~c./_~ r ~ ~ Mayor Tamm~e Weerd ~~ ®~ k~ ~. ATTEST: ;~~°~~,^~~" c~?`'c°¢~a~~~~~' '-' F~ ~ ~ ti- r ~ 2 ' ,- ,: ~ . r: aycee L. Holman, City Cler d ~ `'~. ~, ~ ~ ~ a t( r; . ~+ "ter, ~ ~~~.. `~ ~ ~ ~ ~ [Notary ackno ' on following page.] DEVELOPMENT AGREEMENT -THE KING'S CONGREGATION (AZ 08-014) PAGE 10 of 11 STATE OF IDAHO, County of Ada, ss On this ~_ day of ~tJ~~~1 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared Alan Burrow, known or identified to me to be an Officer of The King's Congregation, an Idaho non-profit association, and acknowledged to me that he executed the same on behalf of said association. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .~ •• •••M••••• ~ •i• • ~ ~~ •• • (SEAL) ~ IyOTAR~ • ~ ~Gu.~.c^/1 • , `-~~ • ~•.. ~ ~• AUB LTG ~ ~ .• •~ ••••'•.~F OF ID P-~.O STATE OF IDAHO ) ss County of Ada ) Notary Public for Idaho Residing at: 1~~ fix. ~ G~~U My Commission Expires: ~;'y'y~ a-~, ~G i _'~ On this~`~ day of 2009, before me, the undersigned, a Notary Public, personally app(, rec~,Tam y de Weerd and~}ean,~~rCi G r P'~'~ know or identified to me to be the Mayor an ler ,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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 3 1.~`~ ~ 1 ~ ~.lJ~ ~75L1 v-~ (SEAL) ~ "~' ~ ~'~ Notary Public for Idaho „~ Residing at: ~i ~ ~ l~ __ ;~ 4 =.'i~,~ ~~. C~o~?i .°~~',A°„~' Commission expires: 3 - ~~-~c~ DEVELOPMENT AGREEMENT -THE KING'S CONGREGATION (AZ 08-014) PAGE I 1 of 11 Legal Description & Exhibit Map vs 9!r€~ i.?t+: rF ~t.~tit5i; 4~, tVi" r7ts~r _ t~t"e~td1~L. I)t:centxr iz;, Lt}t}#; sY~,~~~____. t't'etjc,ct ~l~y_ ili4{tt= s .~nrtexatieett artd Rt:ruae LC~ui ETc,~eripticra ~~ #irt~'s C'c,tt~~retaric,tr ~',~~i r1GreS nP.lrRiCifAM peJBLiG irJ~NKS ~Er?" C?.x#ti#~if °.~" trrtct of tartd .rituatcd in the; i~krrrthcve5t C3ttc (fuartc~r nfthe idnrtitt?ast (.'rtte t}tutrt.r trf Section ~U, 't.s~wtrship 3 NurtG, itattgt; t L"•ast. &3ise l~~ter`rdiatt, rtt3tt Catutty, leirrha, described as tirlto~vs: Curttrnenc:in~ at a ti~tittd S; 6-inch sleet pits ttroat€rmentinQ the `North Une; t~uartrr f.'.ctrncx of saki Set;tirrn 3t), thcn~a< t'vtttrwing tltr ncrrtite~€ty iine c}f the hitrrittskc.5t (tttc; ~)uartrr trt' tits i4urdreast C)tte t2trrrtcr ayf said tiectizrrt ~€}, i~lorth tt9°~t3' I3"' tsast a distance of ! ,t7fiG.r~4 fe4t to ~ I?esirst, ~~itiab be:trrs Sc~utit f3r1"42' t 3" t~'est a disian:~r cat' t,SG~t.c19 feE:t ki~urtt a fctunci 5;$-inch stte! pin mununtentirt~ the idort#teaet f`orncr trf said Sretittr: 3U, attd being fire Pt3#CST CtF" ii#~CtN[~iNfi. 'i'isencs ft7tterwirr~ s~rict nnrtheriy iinc, I`itm#r $rl"42" i ~" E ast a cti~fartee ref ~it3.t}0 Feet to n found i./b-inch steel pin rirt t#te westerly iiste ot'Ttrsc:any ~itla~e 5ubdivisin+r iVo. # and ~ (~ t~CEtrdc`tt yubaiivisiorr fret tilt itt t3ouks ttck, and 9? of flat tittctks at Paycs ltt39tfi-tti3)~, and f0~£tr1~" recotds ctt'Ada bounty, trtaitcr?; 't"hence folirtwin~ s<'rid u•estzrly line. 9auth {ip°{t~' # #" West a distance trf 520.Qtt feet let a paint; "fhenei iravin~ said wastc:riy tine, North $9°+6'd+~" 14'est a distance of2{i.GSi feet to rt point; 'fhettcc #tfvrth 0{t`03' I t" littst a distance of 24.89 fret to a ptsint; I'ltet7,:e SriutH 89°;t<t'S7'" tR,'est tt ttistatr4e rtf 214.Dt1 feet ro a point; "Cheney North 0! "'~49'0~" Vest tt distctrtc;e of 4tNt.{}p fcrt to t#te i't)IN i' t?F 33H+:iiN'vCNt i. t !re ano~•e-dCSerit~:d teact ctt' lAnd attnfains 2.74 acres, nrorc or less, subjcet to alt cxistrng easetncnts and rif*hts-ta£ way. t'rtparrc~tJ tiF, T#tC LANI} Cift()UP, !hC': 4b3 E. Si tt)k~ t3R[VE, 5CtITt? ifKl rnrtrt;. tantto 63fStF ?os.~~,-aoa t 2iSR-ti34t-4~d45 {FAXk E~'~ 1 t fuWr t$W ru»vth;torc s.i N. Piila/t k~: +(AI'il l:xyarrnay~ a Crab{irl+ne rm,(j:Vryo' e~" r:Nq.aMSl~.yr +f:Rl~./µ,.' l.@:Ny NM`Y.IfIN,t' r!>j, t•. ~.ha<r Elrit'c Ott. l~N.1, i•. ~t3r, Iclah.r H3tiI~G t N ~1A5.3i~1 "ifi:r7 !~ :ttK'iS9.q.ty{++s~Jtju'ulot:Seec~>~tu•_•~ <.`•.:taitt•, tntad.2~l:t~mnt,l se!atstl n4t><i?,,,inm•iKrxrkt, _(lRt'.ti d.x CITY OF MERIDIAN E IDIAN%=" FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation & Zoning of 2.74 Acres of Land from the R1 Zoning District in Ada County to L-O (Limited Office) in the City of Meridian, by King's Congregation. Case No(s). AZ-08-014 For the City Council Hearing Date of: March 10, 2009 (Findings on the March 24, 2008 City Council agenda) A. Findings of Fact Hearing Facts (see attached Staff Report for the hearing date of March 10, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 10, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 10, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 10, 2009, 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 (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. The conditions shall be reviewable by the City Council pursuant to Meridian City Code 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER. CASE NO(S}. AZ-08-014 -I- 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 Development Agreement provisions of the in the attached Staff Report for the hearing date of March 10, 2009, 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 Annexation as evidenced by having submitted the legal description. and exhibit map stamped and dated December 18, 2008 by Aaron L. Ballard, PLS, is hereby conditionally approved; and, A Development Agreement is required with approval of the subject annexation and shall include the provisions noted in the attached Staff Report for the hearing date of March 10, 2009, incorporated by reference. D. Attached: Staff Report for the hearing date of March 10, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-U8-014 -~- /~~ By act' n of the City Council at its regular meeting held on the ! day of 2009. COUNCIL MEMBER DAVID ZAREMBA VOTED__ j,il~~... COUNCIL MEMBER BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BR~A~>~ER/ ~Y' .~' rFO __ SEAL Attest: ~~ ~ _.l-~ VOTED VOTED LIB VOTED VOTED Mayor Tam e Weerd an, City Clerk Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. ~~ By' ~ Dated: ~" ~~'y"1 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-014 -3- STAFF REPORT Hearing Date: March 10, 2009 (Continued front Fehr-uay;v 24, 2009) TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: AZ-08-14 -King's Congregation Church ~.~Vl E IDIAN:-- I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, King's Congregation, has applied for Annexation and Zoning (AZ) approval of 2.74 acres of land from the R1 zoning district in Ada County to the L-O (Limited Office) zoning district. This site formerly housed the Locust Grove Grange #118. The existing building is being used by King's Congregation Church, who has entered into an option to purchase the property. The church would like to rezone the property to L-O, in which church uses are principally permitted, and eventually construct a new 42,500 square foot church building on the site. See Section 10 of the staff r~eport_T~r more information. II. SUMMARY RECOMMENDATION Staff is reconunending approval of the proposed annexation with the Development Agreement provisions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard this item on January I5, 2009 At the public hearing they moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Ty Morrison; Allen Burrows ii. In opposition: None iii. Commenting: None iv. Written testimony: Ty Morrison (response to staff report) v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issue(s) of lliscussion by Commission: i. None c. Kev Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None L in favor: 1 ~~ ivlorrison ii. In opposition: None iii. Commenting: None Lv. Written testimony: None ~ taff presenting application: Anna .annin Yi~ ther staff commenting on anplication• oe Sily King's Congregation Church AZ-08-014 PAGE 1 1L Kev Issues of Discussion by Council: L Discussion about the need to brim the exiting~y~stems in the existing building„31~ current IFC standards fsee comment #3 9 in Exhibit Bl ~ . . Kev Council Chanp;es to Staff/Commissinn Recommenriat~on i~ dd a DA provision for the applicant to bring the exiting syctemc in the existing wilding un to current IFC standards prior to issuance of Certificate of Occupancy or the change in use of the building (see DA provision #ol. IIL PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-08- 014, as presented in the staff report for the hearing date of March 10, 2009 with the following modifications: (Add any proposed modifications.) llenial After considering all staff, applicant and public testimony, I move to deny File Number AZ-08-014, as presented during the hearing on March 10, 2009, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ-08-014 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY' FACTS A. Site Address/Location: The site is located at 1201 E. Victory Road, in the northeast '/ of Section 30, Township 3 North, Range 1 East. B. Owners}: Locust Grove Grange # 1 18 650 N. Armstrong Place Boise, ID 83704 C. Applicant: King's Congregation P.O. Box 1317 Meridian, ID 83642 D. Representative: Ty Morrison, King's Congregation member (208-559-7874) E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for an annexation. A public hearing is required before the Planning & Zoning Cormnission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. King's Congregation Church AZ-08-014 PAGE 2 B. Newspaper notifications published on: December 29, 2008 and January 12, 2009 (Commission); February 2, and 16, 2009 (City Council) C. Radius notices mailed to properties within 300 feet on: December 18, 2008 (Commission}; January 30, 2009 (City Council) D. Applicant posted notice on site by: January 2, 2009 (Commission); February 20, 2009 (City Council VI. LAND USF. A. Existing Land Use(s): There is currently a 7,000 square foot building on this site being used by King's Congregation Church. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by existing and future residential properties and a future school. (The property to the west and south recently received preliminary plat approval for single-family residences and a school in Cavanaugh Subdivision.) 1. North: Single-family homes in Cabella Creek Subdivision, zoned R-4 2. East: Single-family homes in Tuscany Village Subdivision, zoned R-8 3. South: Approved but not yet constructed single-family homes in Cavanaugh Subdivision, zoned R-8 4. West: Approved but not yet constructed single-family homes in Cavanaugh Subdivision, zoned R-8 C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: E Pienza St. b. Location of water: E Pienza St. c. Issues or concerns: Looping of the water main during phase two from E Pienza St. to the applicants West Property line. E. Physical Features: I . Canals/Ditches Irrigation: There is a canal.~ditch that runs adjacent to the south and west boundaries of this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. F. Access: Access to this site is proposed via E. Pienza Street in Tuscany Village Subdivision. Direct access to Victory Road is not proposed or approved with this application. See Analysis, Section 10, below for Staft's analysis of the proposed access to the site. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This site is designated as "Public/Quasi-Public" on the Comprehensive Plan Future Land Use Map. Per Chapter VII of the Comprehensive Plan, public/quasi-public areas are designated to preserve and protect existing private, municipal, state, and federal lands for area residents and visitors. This category includes churches and public lands (excluding parks and schools) within the Area of Impact. King-s Congregation Church AZ-08-014 PAGE 3 Staff finds that the development request generally conforms to the stated purpose, intent, and standards of the public/quasi-public land use category within the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. The City gfMeridian plans to provide municipal sen~ices to the lands proposed to be annexed in the following nurnner.• Sanitary sewer and water service will be extended to the project at the developer's expense. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be zmder the jurisdiction of the Meridian Ciry Fire Department, N-ho currently shares resource and personnel with the Meridian Rural Fire Department. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Offce. Once annexed the lands will be serviced by the Meridian Police Department (MPD). The roadways adjacent to the sarbject 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. 1. This service will not change. Y The sarbject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer 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 Depurt»~ent, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Sernices Company. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Szuff believes that the use of the property for a church is compatible with the future school and existing and,futia~e residential uses adjacent to the site because of the nature of the use. Additionally, a 20 foot tio~ide landscape buffer is requir°ed and will be provided adjacent to existing and future residential properties to lessen the impact on adjacent neighbors from the c°hurch use of the property. • Chapter V, Goal III, Objective D, Action 5 -Require all commercial and industrial businesses to install and maintain landscaping. Street buffer landscaping and internal parking lot landscaping is depicted on the master concept plan for the proposed project. All landscaping shall be installed and maintained o» the site in accordu~7c~e ri~ith the strarldurds listed in UDC I1-3B. • Chapter V[I, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. Access to the site is provided from E. Pienza Street (a local street) in Tuscany Village Subdivision; no access to Victory Road (an arterial street) is proposed or approved with this application. The existing access points to Victory will be required to be closed upo~~ annexation of the site. • Chapter VII, Goal I, Objective D, Action 7 - Permit schools, churches, and other public and quasi public uses in rural areas, that are compatible with adjacent uses. King's Congregation Church AZ-OR-014 PAGE 4 Sta f believes the church would be a compatible use with the future sefrool and existing and future residential uses that surround the sate due to the hours of use and operation. + Chapter VII, Goal I - Ensure a variety and balance of land uses to support the Meridian Impact Area. Staff is unaware of any other churches within the general vicinity of this property. Therefore, staff believes the church will contributes to the variety of uses in this area of the city and prcwides a needed sen~ice to area rc~sideiats. VIII. UNIFIED DEVELOPMENT CODE A. Schedule of Use: Unified Development Code (UDC) 11-2B-2 lists the permitted, accessory, and conditional uses in the L-O zoning district. Church uses are listed as principal permitted uses in the L-O zoning district. 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 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 proximity to streets and highways. C. Dimensional Standards: The subject property shall comply with the dimensional standards listed in UDC 11-2B-3 for the proposed L-O zoning district. D. Landscaping 1. Width of street buffer(s): 25 feet adjacent to E. Victory Road, a minor arterial street; and 10- feet adjacent to Mesa Way, a local street 2. Width of buffer(s) between land uses: 20 feet adjacent to residential uses 3. Percentage of site as open space: NA 4. Tree Preservation: Mitigation is required for all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement. The application states that no trees are proposed to hc~ removed from the site. E. Off-Street Parking: UDC I 1-3C-6 requires one off-street vehicle parking space for every 500 square feet of gross floor area in commercial districts. The existing building square footage depicted on the site plan is 7,000 square feet. Based on this amount, 14 parking stalls would be required; 41 are proposed, which complies with and exceeds this requirement. Additionally, per UDC 1 1-3C-6G, one bicycle parking space is required for every 25 proposed vehicle parking spaces or portion thereof. Therefore, a bicycle rack capable of holding a minimum of 2 bicycles is required. Staff recommends tl~aat the Commission and Council rely on any verbal or ~~ritten testimonv that ntav be provided at the public hearing i~~hen determining if the applicant's zoning and development request is appropriate for this property. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The Applicant is requesting approval to annex and zone 2.74 acres of land from the R1 zoning district in Ada County to the L-O zoning district in the City. King's Congregation Church is currently operating in the existing 7,000 square foot building on the site and proposes to continue King's Congregation Church AZ-08-014 PAGE 5 to operate at the subject site once the property is annexed. The property is currently designated on the Comprehensive Plan Future Land Use Map as Public/Quasi-Public. The church use of the property and L-O zoning district are compatible with this designation. 'The proposed annexation area consists of one tax parcel currently owned by Locust Grove Grange #118. The applicant has entered inta an option to purchase the property contingent upon the property being annexed into the City. The annexation legal description submitted with the application (stamped on December 18, 2008 by Aaron L. Ballard, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Dimensional Standards: Development of the site is required to comply with the dimensional standards of the L-O district listed in UDC Tabte I 1-2B-3. There is no required front, rear, or side setback. However, if a landscape buffer is required, buildings shall be set back the minimum width of the buffer. Conceptual Master Plan: A conceptual master plan has been submitted with this application, dated 11/18/08 that depicts the existing two-story 7,000 square foot building and a future 42,500 square foot building to be constructed in a secand phase. The first phase of development is proposed to include removal of the existing access points to Victary Road, construction of a 41-space paved parking lot with an emergency turnaround for the Fire Department off of Pienza Street, and the installation of a landscape street buffer along Victory Road and pressurized irrigation system. The secand phase of development is proposed to include at least 52 additional parking spaces, a new structure and associated landscaping. Conceptual Building Elevations: The Applicant has submitted conceptual building elevations with this application that depict improvements to the existing wall surfaces and a future building to be canstructed with phase 2, included as Exhibits A.3 and A.4. Improvements to the existing building to be constructed with phase 1 include stone veneer around the lower portion of the building and new paint.. The elevations for the future building depict stone veneer to match the proposed improvements to the existing building and a blue metal roof, also to match. Design Standards: Future development of this site shall comply with the current design standards in effect at the time of development. Existing Landscaping: There are several existing trees over 4" caliper that exist on the site. The applicant states that they intend to retain all of the existing trees with development of the site. Sidewalks/Pathways: The conceptual master plan depicts a new meandering sidewalk along E. Victary Road within the street buffer that connects with the sidewalk in Tuscany Village Subdivision. The Comprehensive Plan (page 55) requires detached sidewalks along all arterial streets within the City. Thus, the proposed sidewalk is consistent with the aforementioned comprehensive plan policy. A sidewalk is proposed through the site in alignment with the sidewalk on the north side of E. Pienza Street for pedestrian connectivity to the school site and between the existing and future residential developments to the east and west. The City's Master Pathways Plan does not depict a multi-use pathway planned for this site. Access: Currently this site has two access points to/from Victory Road; once annexed, the applicant shall remove all access points to Victory Road and access shall be prohibited. A stub street (E. Pienza St.) exists at the east boundary of this site from Tuscany Village Subdivision from which access is proposed. An emergency vehicle turnaround is depicted on the site plan at King's Congregation Church AZ-OS-014 PAGE 6 the terminus of Pienza Street; ACRD is not requiring Pienza to be extended to Mesa Way. Drive aisles are proposed for internal access. No access is proposed to Mesa Way. ACHD and planning staff are supportive of the proposed access for the site. Fencing: The conceptual master plan depicts a new 6-foot tall wood fence along the east boundary of the site abutting Tuscany Village Subdivision. A 6-foot tall fence already exists at this boundary; the applicant is not required to construct a second fence along this boundary. Certificate of Zoning Compliance: The current church use of the property is not an existing approved use in Ada County. (Staff was told by Sid Anderson at Ada County on 1/8/09 that no permits had been approved for a change in use from the grange hall to a church for this site.) Therefore, the applicant will need to apply for a Certificate of "Zoning Compliance for approval of a church use in the L-O district once the property is annexed, prior to issuance of Certificate of Occupancy once annexed. The site shall be required to comply with all current code provisions of the UDC. Development Agreement: UDC 11-SB-3.D.2 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 same written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. Prior to annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. Said DA shall be completed within 1 year of City Council action. The DA shall incorporate the provisions noted in Exhibit B. X. EXH1B1'TS A. Drawings I . Vicinity/Zoning & Aerial Map 2. Conceptual Master Concept Plan (dated: 11/18!08) 3. Conceptual Building Elevations -Phase I 4. Conceptual Building Elevations -Phase 2 B. Agency Comments ] . Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code King's Congregation Church AZ-08-014 PAGE 7 A. Drawings 1. Vicinity/Zoning & Aerial Map Exhibit C -Page t 2. Conceptual Master Concept Plan (dated: 11/I 8/08) K-,f~t.iS ('O~GRt•.CiA~[~lC)N C'ltF~,(~ - ~tAS~(H~.R C~tiCI•.f'`I' PL~~~1L t'~?~wE r,:r.,rE nkrr wAe, tm~c~s~ F`dLl iMNVkHT "~w t f f1AN rU'1~tV~ N TIQtY ANME~A'~DR b CFRF~FtCA TE Oi 2:}NtriG CCJMi'? WYCE WSb'Ei.~F.R Ifl Xt5~8 ~s a - i - - v ___ ~~YHY PI. ... .. _____ ___ ._ d tLl: ~ ~ rwbM;rty'{t aen f at x ~F n . ,. +s.. AeM~a u+*, ... ~ :" G M4R3£ Lab. L , ,.. ~ -tcf" 'k'P :.`9..'hY )WF. S.~eb'T Z"x!•'Y ~.e I t ~rti'M. I ~, K Aai !a ' i ~ ~- rn~z~d«t~ 4~.~.,,~...~~ . ~, ; ~~ +RY2k4 t ~'1T. bV A9iMi3;Gfat~,Z^C, ii ~t ~ ~ a_2^nx;i_ntue xx~:r;~wc.~me i ~ _B '~"YC+t4M dh,W n.t?k,µ .Y e.l_ctut a, ~2Y LSf tht.!~. ~ ai M ( ki4 .*,u1G lA,k . ,eri ~. ~a..!h •ax ~ a .~, ~~ I ~~~ __. , , ..,. ~~ I, ~ ~r: 'y`~ ~ J ' Z~, ww~.i. Wvv '.~ Q: a n iY~ ++++ fl ~..ol-~-+-Film-.~.-_ ¢_ :~ -. ...jyi..t;.. ~ikY y a ~ k(k~ - ~ m.r w. 3 w+n _ ._..... a o.r. a. _.._.__. -.. , ~ t nr ~ kt w~ ( -{- y uw~u. ea. .._. V • +iMt ..w ~~', ,~.- ~.._.~._J <.. ~ , ~.w t.s., Exhibit C -Page 2 3. Conceptual Building Elevations -Phase 1 THE KING`S CONGREGATION CREC -MASTER CONGEPT PLAN 11/1$rp ,,~, ~~~ t Exhibit C -Page 3 -~-1~VE aT'ELE~I~tTIO~# (+CC}NCEPT ONL'~- NCB t"dELR"VE~IfiiEQ~ Exhibit C -Page 4 THE KING'S CONGREGATION CREC -MASTER CONCEPT PLAN 11i18~'08 __________.._ THE KINGS CONGREGATION CREC -MASTER CONCEPT PLAN 11/18108 4. Conceptual Building Elevations -Phase 2 -~ PC1~~3S~ a~~G~(~lJ1i~~l~lt~ Exhibit C -Page 5 SAMCTUAI~Y Bt11~..~31N -- `~lES7` ~LE~,ATt~N (CQNCEF~T t?NLY;} Six ut ~iynt THE KINGS CONGREGATION CREC -MASTER CONCEPT PLAN 11.18,08 wsi~,~m4,~,w.aw,~u::~,%~~m:~m~;~^ ~- ;~x~z~ra~r '~` ....,,., .4,,,~ ~s ;,. :;,;; r 41AR"1~ S4*1 G.iJING.•..•. SOUTH E4LYAI I tIN t0.s.#.l'NLC PT ONC=.~f }.'. Exhibit C -Page 6 B. Conditions of Approval On December 29, 2008 cz joint agency and departments meeting was held with service providers in this area. These agencies submitted comments on this application, which are included below. 1. Planning Department 1.1 ANNEXATION COMMENTS 1.1.1 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owners} (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. Said DA shall be completed within 1 year of City Council action. The required DA pro~~sions are as follows: a. The applicant shall be responsible for all costs associated with the sewer and water service extension. b. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. c. No signs are approved with the subject annexation approval. All business signs will require a separate sign permit in compliance with UDC 11-3D. d. Construct a minimum 5-foot wide detached sidewalk along Victory Road, as proposed on the conceptual master plan, prior to issuance of certificate of occupancy for the existing church building in phase 1. e. The existing driveway accesses to Victory Road shall be removed prior to issuance of certificate of occupancy for the existing church building in phase 1. f. Direct access to Victory Road is prohibited. Access to this site shall be provided from E. Pienza Street. All other access points to/from the site are prohibited unless approved by ACRD and the City of Meridian. g. Provide a pedestrian pathway through this site for interconnectivity between Tuscany Village Subdivision and Cavanaugh Subdivision and for access to the future school site to the west, as depicted on the conceptual site plan. Said pathway shall be constructed prior to issuance of certificate of occupancy for the existing church building in phase 1. h. A minimum 25-foot wide street buffer shall be installed adjacent to Victory Road in compliance with the standards listed in UDC 11-3B-7C. Said buffer shall be installed prior to issuance of certificate of occupancy for the existing church building in phase 1. i. A minimum 10-foot wide street buffer shall be installed adjacent to Mesa Way in compliance with the standards listed in UDC 11-3B-7C. Said buffer shall be constructed with each phase of development, as depicted on the conceptual master plan in Exhibit A.2, prior to release of certificate of occupancy for each structure. j. A minimum 20-foot wide landscape buffer shall be installed along the southern end of the west property boundary, and the south and east property boundaries adjacent to residential uses, in compliance with the standards listed in UDC 11-3B-9C. Said buffer shall be constructed with each phase of development, as depicted on the conceptual master plan in Exhibit A.2, prior to release of certificate of occupancy for each structure. Exhibit C -Page 7 k. The Applicant shall comply with the tree preservation standards listed in UDC 11-3B-10 for protection of existing trees that are proposed to be retained and existing trees 4-inch caliper and greater that are proposed to be removed. 1. Development of this site shall substantially comply with the conceptual master site plan and building elevations, including construction materials, submitted with the subject annexation application included as Exhibits A.2, A.3, and A.4. m. Development of this site shall comply with the current design standards in effect at the time of Certificate of Zoning Compliance. n. A Certificate of Zoning Compliance (CZC) that meets the requirements herein is required for approval of the existing church use, prior to release of certificate of occupancy for the structure in phase 1. Another CZC will be required for phase 2 of development. o. The applicant shall bring the exiting systems in the existing building up to current IFC standards, prior to issuance of Certificate of Occupancy for the change in use of the building. 2. Public Works Department 2.1 Water service to this site is being proposed via extension mains located in E Pienza St. The applicant shall be responsible to install the water main to the applicants West property line in a location determined by the Meridian Public Works Department before the completion of phase two. The applicant will be responsible to install water mains to and through this development, coordinate main size and routing with the Public Works department. 2.2 Sanitary sewer service to this development is being proposed via extension of mains in E Pienza St. 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 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. 2.3 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). 2.4 The applicant has indicated the required pressurized irrigation system in this development will be owned and operated by an irrigation district, therefore a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface 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 prior to signature on the final plat by the City Engineer. 2.6 Meridian Public Works specifications do not allow any large landscaping within a five foot radius Exhibit C Page H of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.7 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of-way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.8 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. 2.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to 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 prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.10 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District ,prior to applying for building permits. 2.11 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., prior to signature on the final plat. 2.12 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with and NPDES Pernutting that may be required by the Environmental Protection Agency. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Arnry Corps of Engineers. 2.16 Developer shall coordinate any new mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.17 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. 2.18 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 building pads are at least 1-foot above. 2.19 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections andlor fire hydrants, and no further than Exhibit C -Page 9 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shalt be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 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. Provide an approved turnaround along the east property boundary. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.6 Commercial and office occupancies will require, with am~exation approval, afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.7 Maintain a separation of S from the building to the dumpster enclosure. 3.8 Provide a Knox box entry system for the complex prior to occupancy. 3.9 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. Code may require the building to be brought into conformance with IFC. 3.10 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.11 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 (t 83). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). Exhibit C -Page 10 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). 3.12 COMMERCIAL AND INDUSTRIAL - Buildings or facilities exceeding 30 feet (9144mm) or three stories in height shall have at least three means of fire apparatus access for each structure. Two of the access roads shall be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served, measured in a straight line. 4. Police Department 4.1 The Police Department did not submit comments on this application. 5. Parks Department S.l The Parks Department did not subnut comments on this application. 6. Sanitary Service Company 6.1 Prior to issuance of a certificate of zoning compliance, that applicant shall submit an approved site plan from SSC. 6.2 Waste enclosure access: The applicant shall provide drive-on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 ft. frontal clearance for such containers. 6.3 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius. 6.4 Waste enclosure dimensions: The applicant shall provide a minimum of 12 ft. clearance inside of the enclosure gates with the gates in the open position. 7. Ada County Highway District This application is for annexation and re<one only. Listed below are some of the findings for consideratian that the District may identify when it reviews a.future development application. The District may add additional endings for consideration when it reviews a specific redevelopment application. Site Specific Conditions of Approval 7.1.1 Dedicate either 48-feet of right-of-way from the centerline of Victory Road abutting the parcel, or 38-feet of right-of-way from the centerline of Victory Road abutting the parcel with a 10-foot public sidewalk and utility easement. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of-way from available Corridor Preservation Funds. 7.1.2 Construct a 5-foot wide detached concrete sidewalk located no closer than 41-feet from the centerline of Victory Road abutting the site, except where it shall connect with existing sidewalk improvements to the east. 7.1.3 With phase 1 (occupancy of the Grange building), dedicate 25-feet of right-of--way along the site's west boundary for the future extension of Mesa Way south of Victory Road. The owner will not be compensated for this additional right-of--way. 7.1.4 With phase 2 (construction of any additional buildings on the site), extend Mesa Way south of Victory Road, to include 24-feet of pavement, vertical curb, gutter, and 5-foot sidewalk on the Exhibit C -Page 1 I east side, and a 3-foot gravel shoulder and drainage Swale on the west side abutting the site. Additional right-of--way will be required if phase 2 precedes Tanana Valley's extension of Mesa Way. 7.1.5 Construct one T-type turnaround at the terminus of Pienza Street. Provide an easement covering the entire turnaround and documentation of support from the Meridian Fire Department for the alternative turnaround. 7.1.6 Pave each driveway onto Pienza Street its full width at least 30-feet into the site. 7.1.7 Other than access specifically approved with this application, direct lot access to Victory Road is prohibited. 7.1.8 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited froth being located within any ACHD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed itnpact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the ternis and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized Exhibit C -Page 12 representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the plam~ed use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit C -Page 13 C. Legal Description & Exhibit Map r /~ ~~ E ae t.~xn canto, r~~ _ REYt _ Al Ihccmbcr 18, 2tN)8 ~' Annexation astd Kezoite Le,gaC Lkscription KinL3"s C"ongregation Mew o.~ r~us~tc 2.74 Acres /v~s7+ss pEaT F•:ahibit °'A" .A tract taf land situated in the Northwest One Quarter of the Northeast (hte Qttartts al~ Stctiart 3(1, (c~wnship 3 "earth, Rarige t Fast. Braise Meridian, Ada County. Idaho, ckscribed as f'allnws~ Cammcruing at a tatatutd 3o8-inch stets pin montumnting the Narih One Quarter ('arnar of said Setatitan 3(I, Ihenu following the northerly lirn of the hlorthwt~t tMe Quarter at' the i\tanheast ()nt Quarter of said titctian 30, Alotth 89°42' 13" last a distance of I .tN,9 99 fett to a point. which tx°;us South 85a°42' 13" West a distance of 1,369.4 feet tfam a found 3J8-inch ,feel pin mcmurneniing the Northeast Corner of said Section 3Q, and lacing the Pt)IfV'f OF AH(.ilNN1NCi. 1"htrace fi~llawing said northerly line, North 84"42' 13" East a distanct of 250.00 fett to a found 318-inch stet! pin on the westerly lira of Tuv~rny Village suttdivisiran No. I oral 2 (a recorded subdivision on lilt in &wks 89, ~ 92 of !'lot Hcaaks at Pages 10398-10399, and 103893, records of Ada C"aunty. Idaho j; Thence following said westerly lists, South (N)"'03' 1 I" West a distorter of 520.00 frtt is a point; Thence 1o~aving soul westerly line. North 89°36'4<).' West a dist:uu;t of 20.(10 ficl to a paint; 'fhrnce North W°03' I t" Fast a distance of 29.89 feet to a paint; Thence Scaurh 89°44'37" West a dist.ntce of 214.(}0 felt to a point; LTtence North D1"49'05" West a distance of490.gO test w the POINT OF BEti1N'VlNti. the atx>vc-dcscrit+exi tract ai Iand contains 2.74 acres, mare or Icss, subjc~:t to al! existing easements and rights-taf--way. prepared t3y: TIIE L.4Np C;RUUP, tNC 4bZ E. 511(7RE URI~'E, SUITE 100 F.AGLfa.ILlAhlO S)b!b 208.939-at)a I 20R-tl39-4.td5 iFAX) ~Z 1 7 wrlin~pr.~trr.4pretmr ~ t~H 1'/w+e~ ~ t:rw! L•kprrn~ r [!rf {,+aw rrnyrKr e'-lSgrwrgR ~ f:r,~Aw~ f'erwwicrtrsN ~iq~ t. +tx ~n l krri, *tt pq, i~.ekl~. Id~h., blbl6 ~ l' ~tW ~t9 aN1 9~ ~4g)4 {{1S • w:M°.l~Jt~J7M13:inx~;~ltuxa,-an ti ~ '..Malt ~iMIN.2~~ 4de~m'~,t rµaMll _tMttKa ~.Inav~arsxmr_(IW12f5 e6.t Exhibit C -Page 2 tihuilac°~ +i, s rortkm i,t thc: Hii I J u~ IPh~ Nf. ! A :d ~r~uors in, =,zrnar~ 7 Y.>rth. liirayr I Faso l3 ht -t,~fue ~e~~r~, ~ttna4n 2fkitl 5/9' SYLl atN Sj9' S1EEl ~1 ~N I f t CORNER 5EC MY, SG 8A95 OT ~,1RMG ME GQ131ER SECTKIN .}C ~'1. N89'i1°'3"E 2fiP3 98' `. ~r- ~~`~ - - - H ~~ic tarty kc~nt~ ~ r ~ '~ le 9 ~, °' I?Ol F t'~ctarv RcsBd e Curtenr Tax Di~lrict R ~ ~ ' ~~ f ropased l ea (1t4init L-t ~ ~ ~. _ _ ~ 119,1 S? SF ~ ?4 AC" ~ . . ~ t .. .,~. ca ~, ~ "I Ti+ _ I Z 3 t 5 ~r:vtE ~a~ova~ ~.Y 'ti.__ __._..__.__ ~C ~ 8 ~ ~+~ttrDiAN PUBLIC ~ NORKS KEPT. St}'Q3'It"W~'~,~ s 29.89' 589'S6't9°E~ 2a.oo' tz•Cg-a8 ~ ., _ :•- .~: ... ~..•~~.. King's Congregation ~~„`~°° x ~ """""" oeoas ~' °'~• • ~°^w"^~ Annexation and Rezone _____ °~. Gbw.~..NWw 1 of 1 .Uyyt~J1~ A 'f~ !Y i.N+n i N N E °.`"`""`"""" "" Exhibit C -Page 3 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all the subject property L-O; the Comprehensive Plan Future Land Use Map designation for this property is Public/Quasi-Public. The City Council finds that the proposed zoning map amendment complies with the proposed church use of the property and the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for snore information. B. "I'he map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that future development of this property will comply with the purpose statement of the commercial districts and the established regulations of the L-O zoning district. 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. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, 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. E. The annexation is in the best of interest of the City (UDC l 1-5B-3.E). The City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, the City Council finds that Annexation and 7.oning of this property to L-O would be in the best interest of the City if a Development Agreement is required with the provisions noted in the staff report. Exhibit D -Page I