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Treasure Valley Worship Center AZTo insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 6, 1994 TRANSMITTAL DATE: 8/15/94 HEARING DATE: 9/13/94 REQUEST: Annexation and Zoning BY: Treasure Valley Worship Center LOCATION OF PROPERTY OR PROJECT: NW comer of Meridian Road and Spicewood Drive-in Meridian JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, CIC WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY . OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G. BERG, JR., City Clerk JANICE L. GAS, City Treasurer RONALD R. TOLSMA MAX CITY OF MERIDIAN GARY D. SM THS P.E. City Engineer ROBERT D.INGTON CORR E BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator WAYNE G. CROOKSTON, JR., Attorney Phone (208) 8884433 • FAX (208) 887-4813 � ("� �i i JIM JOHNSON �v �/ Chairman -Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P.KINGSFORD QU G 15 1994 Mayor CITY OF MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 6, 1994 TRANSMITTAL DATE: 8/15/94 HEARING DATE: 9/13/94 REQUEST: Annexation and Zoning BY: Treasure Valley Worship Center LOCATION OF PROPERTY OR PROJECT: NW comer of Meridian Road and Spicewood Drive-in Meridian JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, CIC WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • • APPLIATION FOR ANNEXATION APPROVAL & ZONING OR..REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION N. A. (PROPOSED NAME OF SUBDIVISION) NW corner of Meridian Rd. and Spicewood Dr. in Meridi.an(SW corner also) (GENERAL LOCATION) See attached. NW corner is 1.514 acres; SW corner is 1.041 acres (LEGAL DESCRIPTION - ATTACH IF LENGTHY) E and B Joint Trust (Ed Bews and Burt Smith) 375-4341 (OWNER(S) OF RECORD) (NAME) (TELEPHONE NO.) Ed: 5204 Sorrento Cir., Boise 83704; Burt: 9530 Halstead Dr., Boise 83704 (ADDRESS) Pastor Gordon Slyter, Treasure Valley Worship Center 887-0801 (APPLICANT) (NAME) (TELEPHONE NO.) P. O. Box 545, Meridian, ID 83680 (Pastor Slyter: 2162 E. Katelyn, Meridian) (ADDRESS) Butlease note: Briggs ggs Engineering is not the party Briggs Engineering 345-2881 who is requesting this rezone. (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE NO.) 1111 S. Orchard Boise, ID 83705 (ADDRESS) The City of Meridian (JURISDICTION(S) REQUIRING APPROVAL) This will not be a subdivision. We are requesting a change in zoning from (TYPE OF SUBDIVI.SION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) city R-4 to city L.O. +50 No ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) 0 . ZONING REQUEST REQUEST: To rezone subject property from City of Meridian Residential (R-4) to Limited Office (L.O.) 1. APPLICANT: Gordon N. Slyter, Pastor Treasure Valley Worship Center (Meridian Foursquare Church) P.O. Box 545, Meridian, ID 83680 (208) 887-0801 2. OWNER OF RECORD: E and B Trust (Ed Bews and Burton Smith) Ed: 5204 Sorrento Cir., Boise, ID 83704 Burton: 9530 Halstead Dr., Boise, ID 83704 (208) 375-4341 PROOF OF TITLE: See attached. Note:Ed Bews and Burt Smith are the principals in Bedelco, Inc. 3. STATEMENT OF CONSENT FROM TITLED OWNER: See attached. 4. LEGAL DESCRIPTION OF PROPERTY NW corner of Meridian Rd. and Spicewood Dr., Meridian, ID: 1.514 acres SW corner of Meridian Rd. and Spicewood Dr., Meridian, ID: 1.041 acres For legal descriptions, see attached. 5. RIGHTS-OF-WAY, EASEMENTS: ADJOINING RIGHTS-OF-WAY: Along the eastern border of both Meridian Rd. Along the southern border of the Dr. Along the northern border of the Dr. RIGHTS-OF-WAY: A. Between Meridian Rd. and both borders: Ada County Highway right of way (from back of subject property) parcels of property: 1.514 acre parcel: Spicewood 1.041 acre parcel: Spicewood parcels on their easterly District holds a 23'-0" sidewalk to beginning of For a more detailed description of these rights-of-way, see attached Site Development Plan. EASEMENTS: A. Along southern border of 1.041 acre parcel, Nampa -Meridian Irrigation District holds an easement for road access for "ditch -riding" purposes B. There is a utility and drainage easement which is ten feet wide on either side of the Spicewood Dr. right-of-way and a like easement which is also ten feet wide extending west from the ACHD right-of-way line along the west side of Meridian Rd. (Spicewood Dr. right-of-way extends 25' from center both north and south. Meridian Rd. right-of-way extends 35, from center to the west according to Doug Labor of ACRD.) C. The is a five-foot wide utility and drainage easement City of Meridian Rezone Request Treasure Valley Worship Center Page 2 along all lot lines which do not front on a street. 6. PRESENT LAND USE: Formerly: farm and pasture land Currently: vacant, no structures existing on land 7. PROPOSED LAND USE: We propose to build a church, together with parking and playground. The use of the property would be for activities normally consistent with a church and its ministries (i.e., worship services, Christian Education, youth programs, etc. We are also proposing to operate a preschool and daycare in the church facilities - this is addressed in our Conditional Use Permit.) SaINC, 4LA(.,I � dESi�Y.�c3 }or t �k; �GepF�E1 860=.., } _ _1 eLf 8. PRESENT DISTRICT: Both subject parcels of land are currently zoned in the City of Meridian as "Residential, R-4." 9. PROPOSED DISTRICT: It is hereby proposed that both subject parcels of land be rezoned in the City of Meridian as "Limited Office, (L.O.)" 10. CHARACTERISTICS SHOWING DESIRABILITY OF THIS ZONING REQUEST: These parcels of land are ideal for a church site. They lie be- tween existing new residential subdivisions and a main corridor of entrance into Meridian, i.e., Meridian Rd. A church and its landscaping would provide a desirable "buffer" between the residential homes and the corridor of entrance. While residents of these sub- divisions might object to multi -family residential dwellings (i.e., apartments or fourplexes.) it is reasonable to assume that a church would be a welcome "neighbor." As a "quiet" neighbor, a church would involve minimal to no neighborhood disruptions, and would pose minimal security problems. These parcels of land are not big enough for a large retailer (such as Fred Meyers) but would lend themselves to either a small retail, service, professional, or office building or buildings. Since a church is allowed in a "Limited Office" zone, rezoning these parcels to L.O. appears to be a wise decision.. Again, a church would be ideal, producing minimum traffic during the week, with its heaviest traffic use on Sundays, when traffic along Meridian Rd. would possibly be lowest. The church grounds will be tastefully landscaped, contributing to the positive appearance which the City Council hopes to achieve along the corridors of entrance into Meridian. If the church's Conditional Use Permit to operate a daycare is 0 also approved, we will further City of Meridian Rezone Request Treasure Valley Worship Center Page 3 0 be able to contribute to the surrounding subdivisions by providing preschool and daycare services to local residents. For the community at large and the neighboring subdivisions in particular, a church will enhance the spiritual and moral environ- ment. Additionally, it will also enhance the aesthetic environ- ment. In brief, our church will contribute positively to the growing community of Meridian. 11. NECESSITY OF DEVELOPMENT: These parcels will need to be developed with full services (natural gas, electricity, telephone, city water, and sewer brought onto the property. This will be done in a manner consis- tent with the standards of the adjacent subdivisions immediately to the west and in keeping with the spirit of aesthetic quality addressed in the Meridian general plan. Utility service lines will be underground. There will be 15, plus 23, (the Ada County Highway District right-of-way) for a total of 38' of landscaping between the sidewalk and the beginning of our parking lot. Our parking lot will include the necessary landscaping as required in the newly revised Meridian Comprehensive Plan. 12. ONE SUBJECT PROPERTY MAP WITH SCALE OF ONE INCH EQUALS ONE HUNDRED FEET (1" = 1001) See attached. 13. 30 COPIES OF A VICINITY MAP (1" = 3001) See attached. 14. MAILING ADDRESSES OF ALL PROPERTY OWNERS WITHIN 300 FEET OF PROPERTY See attached. 42 parties have been identified from the Ada County Tax records, as of July 15, 1994. 15. STATEMENT OF RELATIONSHIP OF PROPOSED ZONING AMENDMENT TO THE MERIDIAN COMPREHENSIVE PLAN This proposed zoning amendment is consistent with the Meridian Comprehensive Plan. The proposed zone amendment is from Residential (R-4)to Limited Office. The subject parcels are only blocks from one of the major intersections in Meridian (Cherry Lane & Meridian Rd.,) making this is an ideal location for a church, or other limited office use. This zoning designation fits well surrounded by residential, retail, service, or professional land uses. 16. FEE $400.00 + 30.00 + (42 x $1.29 = 54.18) = $484.18. See attached check. City of Meridian Rezone Request Treasure Valley Worship Center Page 4 17. AFFIDAVIT THAT NOTICE HAS BEEN POSTED INFORMING OF APPLICATION FOR CONDITIONAL USE PERMIT AND ZONING REQUEST. When the city clerk notifies me that a hearing date has been set, I will post said notices and submit to the city of Meridian a signed affidavit that I have done so. Respectfully submitted, Gordon N. Slyter Pastor, Treasure Valley Worship Center n a� Nb'"1�0id Q3S0cl0?Jd a_ � m l 0 n Z131N3a d ZtORf-:3-T-7r l M-WIS73?Jl a m N Z61, l—V>£ (gOZ) 904£8 040131 '*slog ou00 a*w 1 1 b LtY£ SO4DI0ossy v *ling I — I I I Itis W i W I I I- I I I I I d) 12 IV I 03 I ! >w I Iq -1 I nW II W 10� 1 ILa I I I I I I I I I I I II I I II I I I I II I I I I I I I I I I I I 1 I I I I I I I DESCRIPTION FOR BEDELCO NORTH OF FIVE MLE CREEK PARCEL 1 September 8, 1993 A parcel of land located in the NE 1/4 of the SE 1/4 of Section 1, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: wi ir i zi,ii-j 9 ai the east 1/4 corner of SecAion 1, T. 3N. R.1W, B. M., thence S 002630" E 257.00 feet along the east line of said Section 1 to a point; Thence S 89048'47" W 35.07 feet to a point on the westerly right-of-way of Meridian Road, the Real Point of Beginning of this description; Thence S 89°48'4T' W 189.94 feet to the northeast comer of Lot 3, Block 13, Meridian Manor No. 7; Thence S 00°25'30" E 172.14 feet to the Southeast comer of said Lot 3; Thence S 11'01'31" W 165.22 feet to a point on the northerly right-of-way of Spicewood Drive. Along said northerly right-of-way the following: Thence N 89034'30" E 202.80 feet to a point of curvature; Thence along a curve to the left 31.42 feet, said curve having a radius of 20.00 feet, a centrai angie of 901:'0042", tangenis or 200.0000 feel and d chord of 28.29 feet which bears N 44034'09" E to a point of tangency on the westerly right-of-way of Meridian Road; Thence N 0002612" W 313.28 feet to the Real Point of Beginning of this description. This parcel contains 1.514 acres, more or less. Michael E. Marks, L.S. - No. 4998 r, DESCRIPTION FOR BEDELCO NORTH OF FIVE MILE CREEK PARCEL 2 September 8, 1993 A parcel of land located in the NE 1/4 of the SE 1/4 of Section 1, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: vv1 i u i k; iciily" at til -le east 1/4 comer of Saxtiun- i, T. , N. R.1'W, B.M., thence S 0025'30" E 973.49 feet along the east line of said Section 1 to a point; Thence S 89030'35" W 30.00 feet to a point on the westerly right-of-way of Meridian Road, the Real Point of Beginning of this description; Thence S 89030'35" W 25.00 feet to a point; Thence N 00025'30" W 129.50 feet to a point on the northerly right-of-way of Five Mile Creek; Along said northerly right-of-way the following: Thence N 79047'25" W 169.72 feet to a point; Thence N 69°0625" W 41.01 feet to the Southeast comer of Lot 1, Block 12, Meridian Manor No. 7 Subdivision. Thence N 0002630" W 157.68 feet to a point on the southerly right of way of Spicewood L"11 i e; Thence N 89034'30" E 205.42 feet to a point of curvature; Thence along a curve to the right 31.02 feet, said curve having a radius of 20.00 feet, a central angle of 88051'49", tangents of 19.61 feet and a chord of 28.00 feet which bears S 45°5936" E to a point on the westerly right-of-way of Meridian Road; Thence S 01"33'35" E 232.14 feet to a point on the westerly right of way of Meridian Road; 930305 0 • Thence S 00025'30" E 81.70 feet to the Real Point of Beginning of this description. This parcel contains 1.041 acres, more or less, including 0.073 acres in the apparent right of way of Five Mile Creek. : P Michael E. Marks, L.S. - No. 4998 930305 2 • STATEMENT OF PURPOSE FOR OPERATING A CHURCH -BASED PRESCHOOL AND DAYCARE PROGRAM Treasure Valley Worship Center Meridian, Idaho Foursquare Church (5-345) DAYCARE/PRESCHOOL VISION Our vision for the TVWC Daycare/Preschool program (King's Kids) is to provide quality child care and preschool education from a Bible -based and positive Christian orientation. In both our curriculum and our overall care -giving philosophy, we will minister the love, supportiveness, and encouragement which flow from the love of God for each of us. We see ourselves as part of a team with the parents, providing a stable support system for their children. By teaching and example we will instill a positive value system - emphasizing respect, honesty, and personal responsibility - in each of the children in our care. DEMOGRAPHICS 1. Meridian, Idaho- about two miles from the outskirts of Boise- was the fastest-growing city in the state in 1993. A city of about 17,000, Meridian is in some respects a bedroom community for Boise. New home construction is exploding in and around the city, with many young families moving from Boise itself, California, and Utah. The city of Meridian recently updated its city plan, projecting for a population of 30,000 by the year 2000. As a rapidly growing city, its need for increased childcare is very evident. I spoke with a Christian church - based daycare/preschool director operating about eight miles from downtown Meridian who said she had turned down 30 applicants for childcare in the month of January alone. She said that she receives many requests from the community of Meridian. NEED 1. There is no church -based daycare center presently operating in Meridian. 2. There is no daycare or preschool presently operating in Meridian which uses a specifically Christian/religious curriculum. This and the preceding assumption strongly suggest there is a need for the type of program which we will offer. 3. There are four other Daycare Centers (a center has more than 12 children) in Meridian: NAME CAPACITY ENROLLED(as of May, 1994) Inchworm 50 45 Infant -toddler 30 ? Children First 84 full w/ wait list Small World 141 121 Almost Home 35-40 26 (opened 6 mos. ago) EXPERTISE 6. Jodi Slyter (the pastor's wife) has her K-8 teaching credential from the state of California as well as a Master's degree in Education Administration. She has a child care license and has completed 10 hours of approved childcare education. She is presently employed as a profes- sional coordinator of the University of Idaho's school-age "Youth At Risk" childcare program. The program which she coordinates operates eight centers on location at various Boise public school sites and involves 220 children. She is eminently qualified to offer counsel and guidance Statement of Purpose TVWC Preschool/Daycare Program Page 2 in assisting our church in developing a quality daycare/preschool program. She would be involved in the TVWC Daycare/Preschool program as a consultant, assisting her husband (Pastor Slyter) in beginning and operating the program. BUSINESS CONSIDERATIONS The TVWC Preschool/Daycare Plan is based upon our site being licensed for 48 children (35 sq. ft. per child required = 1,680 sq. ft. of usable space), but is conservatively projected upon our filling only 36 slots, i.e., operating at 75% capacity. The TVWC Daycare/Preschool program will accept (initially) only children who are 30 months or older, and are "potty -trained." This will allow us to work with a ratio of one worker to 12 children as we get started and establish financial stability. PROPERTY AND LOCATION 1) The TVWC PROJECT envisions purchasing property at the intersection of Meridian Road and Spicewood Drive. (See attached drawings.) Meridian Rd. has been designated a main corridor of entrance into our city. Our location is less than half a mile north of a main intersection in town. (The only large supermarket in our city of 17,000 is located at that main intersection.) Immediately adjacent to our property to the west and north are new housing subdivisions. 2) The property we are acquiring is in two parcels. The larger is 1 & 1/2 acres - we will put the building and our initial parking there. A phase two building project in the future would build a larger permanent sanctuary (and perhaps an additional educational "wing") also on the larger parcel, and move most of the parking to the smaller parcel (approx. 1 acre in size) across the residential street to the south. The second parcel would not have to be developed until "phase 2" is begun. Both parcels together equal approx. 2 & 1/2 acres. Any further questions my be forwarded to Pastor Gordon N. Slyter, 887-0801. NOIM40V r � I = ,=_ � � 1N3L.ld3Q 3115 Q850dOzld c201N3CP dl Zwom 142717r^ 3ZlP15tr3Z11 • LI -4Y£ (80Z) 9OL£H O40P1 '96108 OoDJJO1 DUDDIJOWV, Ltq£ s840100ssy i' -- - --- ' - - - - --- - - - - I I ' .t II \ I i I I , "- W • • AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) as COUNTY OF ADA ) E & B Joint Trust I(Ed Bews Or Burt Smith ) (name) 5204 Sorrento Circle (address) Boise Idaho being first duly sworn upon ' (city) (state) ' oath, depose and say: 1. That 1 am the record owner of the property described on the attached, and I grant my permission to Gordon Slyter and the International, Church of the Foursquare Gospel 2162 E. Catelyn, Meridian, ID 83642 (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold Boise City and its employees harmless from any claim of liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this 15th day of July , 19 94 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Public for Idaho Residing at My Commission Expires: 2 --13 �- PLCU 12J91 ndenturb to be executed by its duly autharized;r•, gffice in: Accordance VltD'-,73 *, -resolution x Corporate duly adopted, all in the day and'year•first hereinabove Yi trritten. � �. � c4 ,, to?..,' � _ ,, �•� .-:r, ��ra-y.��,tt, `,� ♦ �• r � � w,y�' •'; �A � � s,`�� �y1+4 .. i%Il�f, i t ` JJ7 t _. h 4 ,ger _. �..y�! Y+ ��,4C� t �f'�2�t. ii, , ate• �� • �. .�i.- �. •_,, .: ..r,�•_�":.. .. . THE IDAHO FIRST :2ATIONAL BANK BY:— - Property ' 'f is - J 1 Trusts • a1•A`C& 0'r' 'wmio ) �s. County of Ada 1 On th+s(_ day of _C_ �•_�, �,..� Ic+'R, hefoie ne, the undersigned Notary Public in and for slid ~tate, personally appeared JOHN 0. BYERLY, known to m•_ to be the per -;nn whose dame is subscribed to the foregoing, instrument as the Property Officer - Trust of THE IDAHO FIRST NATIONAL LANE, a national banking association, and acknow- !edged to me that fie executed the same for the ptcrpuses and considera- tion therein expressed, and as the act and deed of said association. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day apd year in this certificate first above wtit1ten. rt^^nY L •� Jvc ,.. Notary Public for Idaho_ Residing at Boise, Idaho f '. My commission expires 6..,?1•�L ''" �'��' �JyGT6 VX yS' Yisf'� i .s. rig •3a.Y 0 • MERIDIAN PLANNING & ZONING COMMISSION MEETING: September 13.1994 APPLICANT: TREASURE VALLEY WORSHIP CENTER AGENDA ITEM NUMBER: 2 REQUEST:REQUEST FOR REZONE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: COMMENTS FORTHCOMING CITY PLANNING DIRECTOR: COMMENTS FORTHCOMING CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: TREASURE VALLEY WORSHIP CENTER A Foursquare Church serving Meridian and the growing Treasure Valley • Gordon N. Slyter, Pastor June 18, 1996 Shari Stiles, Administrator Planning & ,Zoning City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Dear Shari, �.1'°'�[ This letter is in reference to the DEVELOPMENT AGREEMENT which you have provided me. Page 1. The "DEVELOPER" should be identified as "The International Church of the Foursquare Gospel, duly represented by Gordon N. Slyter, Pastor of the Meridian Foursquare Church." ICFG (International Church of the Foursquare Gospel, a California corporation, is the sole owner, in law and/or equity of the 1.514 acre parcel of land in question.) Am I agreeing to develop this parcel of land in accordance with the terms set forth in any event, or only if I receive denominational approval and do in fact commence building? Page 5. If 15: Any agreement I sign regarding real estate must bear the following language, immediately prior to my signature: "This agreement shall not be effective until approved by the Board of Directors of the International Church of the Foursquare Gospel". So, I can sign this agreement, but it will then need to be forwarded to the International Church of the Foursquare Gospel, Corporate Secretary's Office, P.O. Box 26902, 1910 W. Sunset Blvd., Suite 200, Los Angeles, CA 90026-0176, for the approval of the board. Page 5 1116: Phased development may include six months to complete the landscaping of the unused portion of the land parcel and/or asphalting the parking lot. Does this need to be spelled out at this time or when we get closer to the completion of the project? Also Note: We are not planning to open the daycare at the very same time we begin holding church services. This will be later in time. Of course, no daycare can be opened until a license has been obtained, which will ensure that we have complied with any requirements involved in the daycare but not with the church (e.g., fencing the playground area.) Page 6 ¶17: Whereas there is an existing 6' wood fence around the entire west and north boundaries of the property, along all adjacent residential areas, and whereas the other borders of the property are along Spicewood Dr. and Meridian Rd., is a temporary perimeter fence required for construction? Thank you, 1 P. O. Box 545 Meridian, Idaho 83680-0545 0 (208) 887-0801 Tom., No, /( TREASURE VALLEY WORSHIP CENTER A Foursquare Church serving Meridian and the growing Treasure Valley June 17, 1966'�G�aL Shari Stiles, Administrator Planning & Zoning City of Meridian"WF 33 E. Idaho Ave. !7V(3%" Meridian, ID 83642 Dear Shari, Gordon N. Slyter, Pastor This letter is in response to your letter of review, dated June 3, 1996, regarding our submittal for developing the Meridian Rd./Spicewood Dr. church property. The grading plan prepared by Briggs Engineering is correct as to scale, north arrow, and landscape widths and distances for existing right-of-way. This Briggs drawing supersedes in these regards the site plan and landscape plan. The Foundation Plan and Floor Plan (showing mechanical plans) have now been stamped and resubmitted. 1. Pressurized Irrigation Plan. In talking with Darin Coon at the Nampa -Meridian Irrigation District, I have learned that when Ed Bews and Burt Smith developed Meridian Manor, they excluded the surface water rights to that subdivision and to the property our church now owns. We have no existing surface water rights with them and even if we would not be allowed to use a pump to get water from the Five Mile Drain. Our other surface water option would be from Settlers Canal, but there are no visible ditches coming from Settlers Canal. To use either the Five Mile Drain or Settlers Canal would require annexation, not to mention the whole process of connecting ditches or pipes, etc. These options seem logistically or cost -prohibitive. I have decided to use our existing well on the property for all of our landscape watering. (Please note site of well just east of building on Briggs drawing.) I have spoken with Shelley Keene at the Idaho Department of Water Resources. He informed me that even without ground water rights, we have permission, under an exception in the Idaho Code for domestic and related use to use up to 18 gallons per minute, not exceed 2,500 gallons per day (Idaho Code 4211, subsection B) of our own well water. I have met with Dan Meeker of Silver Creek Irrigation Systems to go over our landscape irrigation plans. He has assured me that he can design a system which can water 48,000 sq. ft. of landscaping, using the 18 gallons per minute para- meter. We will, of course, install a pump to achieve the necessary pressure. It should be noted that we can use city water to irrigate up to 22,000 square feet of landscaping. It is not our plan to do so, but this should be noted as a back-up alternative. P. O. Box 545 • Meridian, Idaho 83680-0545 0 (208) 887-0801 Share Stiles, Meridian P & Z Page 2 2. 1 am in the process of securing the agreement with the Ada County Highway District for the additional right-of-way dedication. They have offered us an amount of reimbursement, which indicates their readiness to finalize the agreement. I am scheduled to appeal for a different amount of reimbursement at the ACHD Board of Commissioners meeting on June 26, 1996. Following that meeting, I anticipate a finalized agreement with them in a matter of days. This will facilitate the recording of the Warranty Deed. I should note that I have submitted my plans and drawings to the City of Meridian for "approval," not for the actual building permit. Once I receive city approval, I will report this to our church denomination's national office. Upon receiving their approval, I will then request from the city of Meridian (and pay the additional fees necessary for) the actual building permit. I hope that you can proceed with your approval process, realizing that granting the actual building permit will be contingent upon receiving a copy of the recorded Warranty Deed. In other words, I am hoping these processes can proceed simultaneously. 3. 1 will provide an executed License Agreement with Ada County Highway District for landscaping within their right-of-way. 4. a) The Briggs Engineering drawing shows 24.48' of landscaping beyond the future required ACHD right-of-way, exceeding the 20' minimum. b) Proposed perimeter landscaping has been submitted to you. c) Are trees required around the perimeter of the entire parcel, including where the existing 6' wood privacy fence stands along all of the adjacent residential areas (west and north borders)? d) Lawn areas, bark chip planters, and/or a volleyball court will be provided in the area not presently to be built upon during this phase of construction so that no bare dirt areas remain. 5. Our sq. footage of asphalt requires 7.39 trees of a minimum of three-inch (3") caliper (1:1500 s.f. asphalt.) We will provide this many or more such trees (See Du Rite Nursery plant list) and will plant them along Meridian Rd. 6. We will provide handicap signage for handicap parking spaces as per Briggs Eng. drawing, dated 6/13/96. 7. 1 will sign a development agreement in connection with the City Council's June 18, 1996 meeting. 8. Parcel 2 will not be used for parking unless paving/landscaping improvements are approved by the City and constructed. 9. The play area will be fenced before we apply for a license to open a daycare. Note: It is now anticipated that we will apply for a daycare license after beginning to hold church services. The play area may not be fenced during this period prior to being licensed to operate the daycare. 10 Lighting will be designed to not impact adjacent residential properties. 0 • Shari Stiles, Meridian P & Z Page 3 11. A detail of the screened trash enclosure, drawn by Stewart Miles Architects, has been provided. Thank you for your help. Let me know if you have further questions or concerns. Sincerely, ;Pa�sPorcd�onlK Slyter Meridian City Council November 15, 1994 Page 20 Kingsford: Moved by Ron, second by Max to approve of the conditional use permit for West One Bank, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR REZONE BY TREASURE VALLEY WORSHIP CENTER: Kingsford: At this time I will open that public hearing and invite the owner or his representative to speak first. Gordon Slyter, 2162 East Katelyn Drive, was sworn by the City Attorney. Slyter: Mr. Mayor and City Council, I am the pastor of Treasure Valley Worship Center, our official name is the Meridian Four Square Church and we are part of the National Denomination known as the International Church of the Four Square Gospel. Our desire here in Meridian is to make a positive contribution to the Community and to the City. In April of 1992 we began renting space in Chief Joseph Elementary School for Sunday services, this year we entered into a purchase agreement for the 2 parcels of ground identified in our request which is before you. We are requesting both a rezone from R-4 to L-0 and that is necessary for the construction of the church. And we are requesting a conditional use permit for the purpose of operating a day care and pre-school in the same facilities. Our intention is to build a church building, provide on site parking and to have a playground, these would be used for both the church and the day care and pre-school. The pre-school would be open to families in the community not restricted to member of our own congregation. I believe that these proposed uses are ideally suited to these parcels of ground both the location and the type of use will serve as a good buffer between the adjoining residential subdivisions and the corridor of entrance into Meridian Road. We will do our best to be a quiet neighbor and will not generate significant increase in traffic other than on Sundays. We will fully comply with all Meridian City ordinances and with the qualifications which are included in the comments before you from the various city and county agencies in their prior review of our request. I can address any of those specific comments that you would like at your pleasure. In conclusions let me just say, there is one other thing, at the planning and zoning public hearing in September one homeowner did testify against our request. I thought it would be prudent to make friends with that person so afterwards I spoke with him and asked him why he was testifying against our proposed use. And I was pleased to find that he was not opposed to our proposed use at all, in fact he hoped we would do that. He was worried that we would be successful in getting the rezone and for some unknown reason pull out. I told him as I would say to you I can't guarantee the future but it is our intention with your approval to begin construction in the spring. We do have cash reserves on hand and we do have the backing of our national Meridian City Council November 15, 1994 Page 21 denomination. We do fully intend to proceed further after what we hope will be approval here. So in closing we do want to make a positive and beneficial contribution to our community and to the City of Meridian. Thank you. Kingsford: Thank you, any questions? Anyone else from the public that would like to offer testimony on this issue? Seeing none I will close that public hearing. You have findings. Morrow: Mr. Mayor I would move that we adopt the findings of fact and conclusions of law as prepared for Planning and Zoning. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the findings of fact and conclusions of law as prepared for P & Z on the Treasure Valley Worship Center, roll call vote. ROLL CALL VOTE: Tolsma - Yea, Corrie - Yea, Yerrington - Yea, Morrow - Yea MOTION CARRIED: All Yea Kingsford: Entertain a motion to have the City Attorney prepare an ordinance on the rezone. Yerrington: So moved Corrie: Second Kingsford: Moved by Max, second by Bob to have the City Attorney prepare an ordinance on the rezone, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Counselor, then it would be appropriate to act on the conditional use permit at the time we adopt the ordinance. So we would do that now. Crookston: It would be best to do it after the rezone. Kingsford: Excuse, I am jumping ahead we have a separate public hearing with regard to the Conditional use permit. ITEM #12: PUBLIC HEARING: REQUEST FOR AN CONDITIONAL USE PERMIT FOR TREASURE VALLEY WORSHIP CENTER: °c i �° 2J01S - Zl�l.l-19 NOQZIOV Nt�"1d 0'1d a350dOcJd ° o • o c o _ i t �131N3� dl OR7 ,L3"1"1 v/l 3�JY15t�3zf1 0 Z6ll-111'£ (SOZ) 90/£9 DyopI •89108 Dooijel DUDOIJDWV Llq£ s040120ssv )p joling 0 • DESCRIPTION FOR BEDE1..Cb NORTH OF FIVE WE CREEK PARCEL 1 September 8, 1993 A parcel of land located in the NE 1/4 of the SE 1/4 of Section 1, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Com, rci i�.ii �y ai t hle east 1/4 comer cfl SeWon 1, Ti. 3N. rZ 1W, B. M., thence S 002630" E 257.00 feet along the east line of said Section 1 to a point; Thence S 89°4847 W 35.07 feet to a point on the westerly right-of-way of Meridian Road, the Real Point of Beginning of this description; Thence S 89°48'4T' W 189.94 feet to the northeast comer of Lot 3, Block 13, Meridian Manor No. 7; Thence S 00°2630" E 172.14 feet to the Southeast comer of said Lot 3; Thence S 11'01'31 " W 165.22 feet to a point on the northerly right-of-way of Spicewood Drive. Along said northerly right-of-way the following: Thence N 89034'30" E 202.80 feet to a point of curvature; Thence along a curve to the left 31.42 feet, said curve having a radius of 20.00 feet, a centrai angie of 900"W42", tangents -of 200.0-00 fee'( and d chord of 28.29 feet which bears N 44°3409" E to a point of tangency on the westerly right-of-way of Meridian Road; Thence N 00°2612" W 313.28 feet to the Real Point of Beginning of this description. This parcel contains 1.514 acres, more or less. Michael E. Marks, L.S. - No. 4998 r DESCRIPTION FOR BEDELCO NORTH OF FIVE NYLE CREEK PARCEL 2 September 8, 1993 A parcel of land located in the NE 1/4 of the SE 1/4 of Section 1, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: wwu n hgat tii2 east 114 corner of jrctiun--1, T.3'N. r�.'rvv., B.M., thence S G°25'3U" E 973.49 feet along the east line of said Section 1 to a point; Thence S 89°30'35" W 30.00 feet to a point on the westerly right-of-way of Meridian Road, the Real Point of Beginning of this description; Thence S 89°3935" W 25.00 feet to a point; Thence N 00°25'30" W 129.50 feet to a point on the northerly right-of-way of Five Mile Creek; Along said northerly right-of-way the following: Thence N 7904T25" W 169.72 feet to a point; Thence N 6900626'W41.01 feet to the Southeast comer of Lot 1, Block 12, Meridian Manor No. 7 Subdivision. Thence N 00°2630" W 157.68 feet to a point on the southerly right of way of Spicewood Delve; Thence N 89034'30" E 205.42 feet to a point of curvature; Thence along a curve to the right 31.02 feet, said curve having a radius of 20.00 feet, a central angle of 8805149", tangents of 19.61 feet and a chord of 28.00 feet which bears S 45°5936" E to a point on the westerly right-of-way of Meridian Road; Thence S 0103336' E 232.14 feet to a point on the westerly right of way of Meridian Road; WSKI-T�1 This parcel contains 1.041 acres, more or less, including 0.073 awes in the apparent right of way of Five Mile Creek. 1 Michael E. Marks, L.S. - No. 4998 930305 2 STATEMENT OF PURPOSE FOR OPERATING A CHURCH -BASED PRESCHOOL AND DAYCARE PROGRAM Treasure Valley Worship Center Meridian, Idaho Foursquare Church (5-345) DAYCARE/PRESCHOOL VISION Our vision for the TVWC Daycare/Preschool program (King's Kids) is to provide quality child care and preschool education from a Bible -based and positive Christian orientation. In both our curriculum and our overall care -giving philosophy, we will minister the love, supportiveness, and encouragement which flow from the love of God for each of us. We see ourselves as part of a team with the parents, providing a stable support system for their children. By teaching and example we will instill a positive value system - emphasizing respect, honesty, and personal responsibility - in each of the children in our care. DEMOGRAPHICS 1. Meridian, Idaho- about two miles from the outskirts of Boise- was the fastest-growing city in the state in 1993. A city of about 17,000, Meridian is in some respects a bedroom community for Boise. New home construction is exploding in and around the city, with many young families moving from Boise itself, California, and Utah. The city of Meridian recently updated its city plan, projecting for a population of 30,000 by the year 2000. As a rapidly growing city, its need for increased childcare is very evident. I spoke with a Christian church - based daycare/preschool director operating about eight miles from downtown Meridian who said she had turned down 30 applicants for childcare in the month of January alone. She said that she receives many requests from the community of Meridian. NEED 1. There is no church -based daycare center presently operating in Meridian. 2. There is no daycare or preschool presently operating in Meridian which uses a specifically Christian/religious curriculum. This and the preceding assumption strongly suggest there is a need for the type of program which we will offer. 3. There are four other Daycare Centers (a center has more than 12 children) in Meridian: NAME CAPACITY ENROLLED(as of May, 1994) Inchworm 50 45 Infant -toddler 30 ? Children First 84 full w/ wait list Small World 141 121 Almost Home 35-40 26 (opened 6 mos. ago) EXPERTISE 6. Jodi Slyter (the pastor's wife) has her K-8 teaching credential from the state of California as well as a Master's degree in Education Administration. She has a child care license and has completed 10 hours of approved childcare education. She is presently employed as a profes- sional coordinator of the University of Idaho's school-age "Youth At Risk" childcare program. The program which she coordinates operates eight centers on location at various Boise public school sites and involves 220 children. She is eminently qualified to offer counsel and guidance Statement of Purpose TVWC Preschool/Daycare Program Page 2 in assisting our church in developing a quality daycare/preschool program. She would be involved in the TVWC Daycare/Preschool program as a consultant, assisting her husband (Pastor Slyter) in beginning and operating the program. BUSINESS CONSIDERATIONS The TVWC Preschool/Daycare Plan is based upon our site being licensed for 48 children (35 sq. ft. per child required = 1,680 sq. ft. of usable space), but is conservatively projected upon our filling only 36 slots, i.e., operating at 75% capacity. The TVWC Daycare/Preschool program will accept (initially) only children who are 30 months or older, and are "potty -trained." This will allow us to work with a ratio of one worker to 12 children as we get started and establish financial stability. PROPERTY AND LOCATION 1) The TVWC PROJECT envisions purchasing property at the intersection of Meridian Road and Spicewood Drive. (See attached drawings.) Meridian Rd. has been designated a main corridor of entrance into our city. Our location is less than half a mile north of a main intersection in town. (The only large supermarket in our city of 17,000 is located at that main intersection.) Immediately adjacent to our property to the west and north are new housing subdivisions. 2) The property we are acquiring is in two parcels. The larger is 1 & 1/2 acres - we will put the building and our initial parking there. A phase two building project in the future would build a larger permanent sanctuary (and perhaps an additional educational "wing") also on the larger parcel, and move most of the parking to the smaller parcel (approx. 1 acre in size) across the residential street to the south. The second parcel would not have to be developed until "phase 2" is begun. Both parcels together equal approx. 2 & 1/2 acres. Any further questions my be forwarded to Pastor Gordon N. Slyter, 887-0801. wvo; sv;oe NOl - N31,119 NOC3NOV a i = v 1N9WdO 3Q 3115 CMSOdO2Jd z131N30 dlHIMNOM "8 17VA 922MV-9al L6tI—VY£ (90z) 90L£B 040PI aoo�jel ouooI.Aewy LlVS: c c � 1' STATE OF IDAHO as COUNTY OF ADA AFFIDAVIT OF LEGAL INTEREST E & B Joint Trust I, (Ed Bews :Or Burt Smith) 5204 Sorrento Circle (name) (address) Boise Idaho being Stat duly sworn upon • • (city) (state) oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to Gordon Slyter and the International Church of the Foursquare Gospel, 2162 E. Catelyn, Meridian, ID 83642 (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold Boise City and its employees harmless from any claim of liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this 15th day of July • 19 94 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Public for Idaho Residing at My Commission Expires: PLcu 12191 '.itR#ndenturt�.yco'be executed"by'its duly authorized gfX3cet*;Secoxdaace vstd Re , ..G r y " _,eY^'i'+y' ..s ;.,::. �,'..• , Y, ��:i- ,`.; r "u :Y %% w �r� ;qys .x•.. corporate resolution duly adopted, all in the day.ands ear first hereinabove written. r `,..-yii i• ft!/i!I rr � i � �'. n� v � lr�...i` � x(r� �t-�Tt i J .{Y 4 :' '' "':`•• THE IDAHO FIRST NATIONAL BANK t r BY: Property i 'f is - Trusts iTATE... 0'r' 'IDA110 ) ss. County of Ada ) On this (_-� day of _ C�• �.�,.,� let 18. Fefote me, the undersigned Notary Pu in and fol Said ~tate, personaliv appeared J01IN 0. BYERLY, known to m•, to be the per -;on whose dame is subscribed to the foregoing instrument as the Property Officer - Trust of THE !DAIIO FIRST NATIONAL LANK, a national banking association, and acknow- ledged to me that he executed the same for the purposes and considera- tion therein expressed, and as the act and deed of said association. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year in this certificate first above wtitten. 4 1i t .•� .{'- �....T i per. L� .���/ � �� y Notary Public for Idaho .;.,,�g,. " y„ Residing at Boise, Idaho, z .• My commission expires. 6..?7-d1. a" .si'.��'���"i". .:..:i-..atra3�+a.Y$'*fHISE�9F�R._�i•h:.ver;t��'t.1b .4:�,1M '1"�a DolY� s end other valuable eats a Lo>he second part, the receipt a tCd bargained, sold and conveyeJ, 4 M algaia, Pell and convey unto the said pert O f =. ,1 tra its Sttccessora and assign•, forever, all that est te3a +eha County of Ada, Stat i „ham aM�'� nriY A garret of land lying in the NE 1/4 of the It 1 : t t of Section 1, T. 3 `l., R. 1 W., B.M., Ad.► Count Idaho, and n:,re partirul•irly described as follows: Beginning at the Northeast corner of the said HE 1/4 of the SF 1/4 of Sect im, 1, also said point being ' the REAL 110[.1.11* OF RF.CINNING. t thence Sou:i. P9048' 33" W,. -;t 1,327.2'2 feet atong=the` Northerly houndary of the maid NF. 1/4 of tt.e S6 114_ k, � rsr of Secttm I ,o a point marking the Northwest ,corn@t��`: � ra of the said NE 1/4 of the SE 1/4 of Section4'7 ` ` a ice: r'f thence South 0025'17" East 373.97 feet aloe 5the , Westerly bounda.y of the said ME 1/4 of"thea$& t� y� r7 of Section I to a point on the Northeaster ti 1 T: r of -way line of Fivtmtle Creek; z Y3 ''thence South 69005'25" East 1,190.0) Northeasterly right-of-way line -of" to a point; 7. thence South 79047.25" East 166,64.,E • r "%krYtheasterly right-of-way line of :Fives �J yfIIC a F,: •..c . J , S: .. c. theace'South 0025'30" East 141: ee 5.K00.If' e, e -t Westerly of and paralllre bounda' ^, rY of `the said NE 114, off' to a:point, thence North 89030135" Fast SS:OQ' e. the said Easterly bounds N ��;•' of +Section: t Na+rth 0025'30" West; 9l. -boundary of the aE-1, z e point�of beginning;*w , Less. � .. '.. .;44 a j �Y •i ':E i 'C `^YJ �, j�wy ylnir.3�y NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on September 13, 1994, for the purpose of reviewing and considering the Application of Treasure Valley Worship Center, for a rezone of approximately 2.5 acres of land located in the NE 1/4 of the SE 1/4 of Section 1, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located on the NW corner of Meridian Road and Spicewood Drive. The Application requests a rezone from R-4 to L-0. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 22nd day of August, 1994. 14 WILLIAM G. BERG, JR., CITY CLERK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on November 15, 1994, for the purpose of reviewing and considering the Application of Treasure Valley Worship Center, for a rezone of approximately 2.5 acres of land located in the NE 1/4 of the SE 1/4 of Section 1, T. 3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located on the NW comer of Meridian Road and Spicewood Drive. The Application requests a rezone from R-4 to L-0. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 24th day of October, 1994. L WILLIAM G. BERG, JR., CITY CLERK • g E:. f � �ro aolavd - aaix�e rroaa)o� •�� I , Vis- a � in)awdo�anaa ails aa8odoad - —� � i LfalNa7 dl MQ�IORI da917/( aL1Y187HL11 9611—v" (609) 601f6 --1 „lab ...—L 411f 1 • Waterbury Park Neighborhood Awiation Inc • 2304 N Cole Rd Boise ID 83704 MATTHEW J AND RONNA M MOTES 239 W WATERBURY DR MERIDIAN ID 83642 ROBYN R DEVELLE 57 W WATERBURY DR MERIDIAN ID 83642 KEVIN L AND ANGELINA SPEER 79 WATERBURY DR MERIDIAN ID 83642 KENNETH M AND LISA D CROFT 99 WATERBURY DR MERIDIAN ID 83642 JAMES A & JUDY G BANDUCCI 2116NCOLE RD BOISE ID 83704 E AND B JOINT TRUST 9530 HALSTEAD DR BOISE ID 83704 DALLAN AND BELEW CARY TAYLOR 410 CLEAR CREEK DR MERIDIAN ID 83642 BEDELCO INC 5204 SORRENTO CIR BOISE ID 83704 MARVIN L & LINDA G PERKINS 241 CRANMER MERIDIAN ID 83642 LOREN L GEORGE • • 5849 GAR R ETT #107 BOISE ID 83704 THOMPSON BROTHERS CONSTRUCTION P O BOX 163 MERIDIAN ID 83680 CHARLES D & SUSAN C BICEK 12177 EDNA ST BOISE ID 83704 JACK B & VALLA K SHALZ 115 W SPICEWOOD DR MERIDIAN ID 83642 ROSALYNN J TUGGLE 137 W SPICEWOOD DR MERIDIAN ID 83642 KIRK M GRUELL 161 W SPICEWOOD DR MERIDIAN ID 83642 RICA & SHAUNEY EBORALL 108 W WOODGLEN PL MERIDIAN ID 83642 RANDY E & JULIE A STEPHENS 110 W WOODGLEN PL MERIDIAN ID 83642 CLAYTON J & TERESA L BOOTH 114 W WOODGLEN PL MERIDIAN ID 83642 MARVIN L & LINDA G PERKINS 120 W WOODGLEN PL MERIDIAN ID 83642 RALPH & DEBRA L FEBUS • 126 W WOODGLEN PL MERIDIAN ID 83642 WIDAD W BASHA 132 W WOODGLEN PL MERIDIAN ID 83642 ANGELO J & JANEL L DILULO 146 W SPICEWOOD DR MERIDIAN ID 83642 JAMES MICHAEL & TINA MARIE GIBSON 172 W SPICEWOOD DR MERIDIAN ID 83642 BRYAN S & SHANNON M LUCKIE 116 WILLOWBROOK MERIDIAN ID 83642 CHRIS D & MARCIA L ROOD 114 WILLOWBROOK MERIDIAN ID 83642 BEVERLY E SCHREINER 102 WILLOWBROOK MERIDIAN ID 83642 MARK RICHARD HANSEN 98 WILLOWBROOK DR MERIDIAN ID 83642 G L HUNEMILLER CONST INC P O BOX 480 CASCADE ID 83611-0480 JAMES COURT ASSOCIATES 760 W MYRTLE ST BOISE ID 83702 IVA KISSINGER • 700 E FAIRVIEW #132 MERIDIAN ID 83642 ROBERT R ANGEL & LARRY D STEVENS 168 N 09TH #250 BOISE ID 83702 MICHAEL P & CYNTHIA SCISCOE 2210 N MERIDIAN RD MERIDIAN ID 83642 DORADO DEVELOPMENT INC 168 N 09TH #250 BOISE ID 83702 JACK E & DORIS F BARRETT 2250 N MERIDIAN RD MERIDIAN ID 83642R CHESTER D SCHWERD 245 HERON MERIDIAN ID 83642 CHARLES KNAPP SR & DELORES KNAPP 185 E BLUE HERON MERIDIAN ID 83642-5545 TED L & MARCELLA R CUNNINGHAM 125 BLUE HERON MERIDIAN ID 83642 BILLY QUINN 2310 N MERIDIAN RD MERIDIAN ID 83642 FRANK E CHALFANT JR 2014 N 23RD ST BOISE ID 83702 ADA COUNTY HIGHWAY DISTRI 318 E 37 ST GARDEN CITY ID 83714 NAMPA-MERIDIAN IRRIGATION DISTRICT 1503 1 STREET SOUTH NAMPA ID 83651 0 • MERIDIAN CITY COUNCIL MEETING: November 151994 APPLICANT;TREASURE VALLEY WORSHIP CENTER_ AGENDA ITEM NUMBER: 11 REQUESTEEZONE FOR TREASURE VALLEY WORSHIP CENTER AGENCY CITY CLERK.: CITY ENGINEER: CITY PLANNING DIRECTOR CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: 101104ZA SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACTS AND CONCLUSIONS OF LAW "REVIEWED' SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM September 9, 1994 TO; MAYOR, COUNCIL, P NG & ZONING FROM; Gary D. Smith, PE RE; TREASURE VALLEY WORSHIP CENTER (Zone Change to L -O for Church Use) I have reviewed this submittal and offer the following comments for your information and or consideration as conditions of the applicant during the decision making process: 1. Sewer service stub exists to Meridian Road. 2. A water main exists in Spicewood Drive that is available to tap for service. This requires coordination with the ACHD and Meridian Water Department. 3. On-site parking, lighting, screening, landscaping, signing, etc. must be provided in accordance with the requirements of the Meridian ordinances. 4. Sanitary sewer and domestic water assessment fees will be determined by analyzing the building and site plans with ordinance requirements, fixture unit demands and records of actual water use from similar facility(s). 5. On-site drainage must be retained, treated and disposed of on- site. Plans shall be prepared by an Architect or Engineer licensed to practice by the State of Idaho. Plans shall be approved by the Meridian City Engineer. 6. The points of ingress -egress to Spicewood Drive shall be approved by the Ada County Highway District. HUB OF TREASURE VALLEY OFFICIALS A GOO(I Place t0 Live COUNCIL MEMBERS WILLIAMBER, , City Clerk RONALD R. TOLSMA MAX YERRINGTON Treasurer L.. City Treasurer JANIC L. AES, City CITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste water Supt. Planner & Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman - Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM September 9, 1994 TO; MAYOR, COUNCIL, P NG & ZONING FROM; Gary D. Smith, PE RE; TREASURE VALLEY WORSHIP CENTER (Zone Change to L -O for Church Use) I have reviewed this submittal and offer the following comments for your information and or consideration as conditions of the applicant during the decision making process: 1. Sewer service stub exists to Meridian Road. 2. A water main exists in Spicewood Drive that is available to tap for service. This requires coordination with the ACHD and Meridian Water Department. 3. On-site parking, lighting, screening, landscaping, signing, etc. must be provided in accordance with the requirements of the Meridian ordinances. 4. Sanitary sewer and domestic water assessment fees will be determined by analyzing the building and site plans with ordinance requirements, fixture unit demands and records of actual water use from similar facility(s). 5. On-site drainage must be retained, treated and disposed of on- site. Plans shall be prepared by an Architect or Engineer licensed to practice by the State of Idaho. Plans shall be approved by the Meridian City Engineer. 6. The points of ingress -egress to Spicewood Drive shall be approved by the Ada County Highway District. TO: Planning & Zonin oo fission, Mayor and Council c= �3� FROM: Shan L. Stiles, Planning & Zoning Administrator DATE: September 12, 1994 SUBJECT: Rezone to L -O, Conditional Use Permit for Church and Daycare - Treasure Valley Worship Center 1. This project will be a good transitional use from the existing residential. 2. Detailed landscaping plan is to be provided as part of building plans. Pressurized irrigation will be required. As Meridian Road is an entrance corridor, particular attention must be paid to landscaping along this road. 3. Perimeter fencing on western and northern boundaries is required prior to construction. 4. Parking spaces only scale 17% ordinance requires 19'. If bumpers are intended to extend over sidewalks, additional sidewalk width must be provided. ACHD has requested changes to the entrance area which will affect parking layout. 5. Applicant has stated City may use overflow parking area for a ballfield, etc., until such time as the Church may require it. City should explore possibilities with Applicant. 6. Consent of owners indemnifies Boise City; please submit revised consent form indicating indemnification of City of Meridian. 7. Submit day care license from State of Idaho and all other approvals prior to opening. 8. A development agreement is required as a condition of rezone. HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA MAX YERRINGTON JANICE L. GAS, City CITY OF MERIDIAN ROBERT RR E eer GARY D. SM THS P.E. City Engineer MOR WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner& Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 �E-00hairman -Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD _ f f L Mayor 199(4 MEMORANDUM TO: Planning & Zonin oo fission, Mayor and Council c= �3� FROM: Shan L. Stiles, Planning & Zoning Administrator DATE: September 12, 1994 SUBJECT: Rezone to L -O, Conditional Use Permit for Church and Daycare - Treasure Valley Worship Center 1. This project will be a good transitional use from the existing residential. 2. Detailed landscaping plan is to be provided as part of building plans. Pressurized irrigation will be required. As Meridian Road is an entrance corridor, particular attention must be paid to landscaping along this road. 3. Perimeter fencing on western and northern boundaries is required prior to construction. 4. Parking spaces only scale 17% ordinance requires 19'. If bumpers are intended to extend over sidewalks, additional sidewalk width must be provided. ACHD has requested changes to the entrance area which will affect parking layout. 5. Applicant has stated City may use overflow parking area for a ballfield, etc., until such time as the Church may require it. City should explore possibilities with Applicant. 6. Consent of owners indemnifies Boise City; please submit revised consent form indicating indemnification of City of Meridian. 7. Submit day care license from State of Idaho and all other approvals prior to opening. 8. A development agreement is required as a condition of rezone. OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 a FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 6 Zoning Administrator JIM JOHNSON RrykE EI firman - PlanningBZoning AUG 16 1994 CITYUF ,Lkjj_,;,,d TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 6, 1994 TRANSMITTAL DATE: 8/15/94 HEARING DATE: 9/13/94 REQUEST: Annexation and Zoning BY: Treasure Valley Worship Center LOCATION OF PROPERTY OR PROJECT: NW corner of Meridian Road and Spicewood Drive in Meridian JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 _CHARLES ROUNTREE, P2 TIM HEPPER, P2 _GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C _WALT MORROW, C/C _MAX YERRINGTON, C/C _WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES �-/ � / � G OTHER: b " CP , YOUR CONCISE REMARKS: A.S Lowe. 4 S /I 1.,L e A A-eS AeE M•&f �`GL rum f N�avt s4 ereh -1 ENN J. RHODES, President SHERRY R. HUBER, Vice President 'AMES E. BRUCE, Secretary TO: ACHD Commission FROM: Development Services • INTER -DEPARTMENT CORRESPONDENCE MER&SPIC.MCU/DSTECH 9-7-94 DATE: September 1, 1994 SUBJECT: Meridian Conditional Use Meridian Rd. & Spicewood Annexation and Zoning Treasure Valley Worship Center Daycare (Applicant - Gordon N. Slyter, Pastor, Treasure Valley Worship Center, P.O. Box 545, Meridian ID 83680) (Representative - Same) PRELIMINARY REVIEW - NOT FINAL UNTIL APPROVED BY THE ACHD COMMISSION FACTS & FINDINGS: 1. Treasure Valley Worship Center is seeking conditional use approval to construct a church and operate a daycare in the church facility. The property is located on the west side of Meridian Road on both the north and south sides of Spicewood Drive. The daycare will be licensed for a maximum of 48 -chil- dren. This project encompasses parcels on both the north and south sides of Spicewood. The church and parking will be constructed on the north parcel. The projected use of the south parcel is overflow parking. There are no new public streets planned. This application includes a City of Meridian annexation and subsequent zone change from R-4 to L.O. 2. GENERAL INFORMATION: ACRES - 2.5 SQUARE FEET OF PROJECTED BUILDING - 4,160 PRESENT ZONING - Residential - R-4 PROPOSED ZONING - Commercial - L.O. ESTIMATED VEHICLE TRIPS PER DAY - 223 TRAFFIC ANALYSIS ZONE - 263 ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 Meridian Conditi 1 Use/Annexation Meridi Rd. & Spicewood Treasure Valley ship Center - Daycare f September 1, 1994 Page 2 L.F. OF FRONTAGE ON Meridian Road - 330 -feet MOST RECENT TRAFFIC COUNTS - N/A FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 62 -feet; 32 -feet west cf centerline REQUIRED RIGHT-OF-WAY - 90 -feet; 45 -feet from centerline) Meridian Road is fully improved with a 44 -foot street section and 5 -foot sidewalks. L.F. OF FRONTAGE ON Spicewood Drive - 460 -feet MOST RECENT TRAFFIC COUNTS - N/A FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 50 -feet REQUIRED RIGHT-OF-WAY - No new right-of-way required Spicewood Drive is fully improved with a 33 -foot street sec- tion and 4 -foot sidewalks. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. The proposed access to the north parcel/church/daycare is from Spicewood. Staff recommends the driveway be located a minimum 50 -feet west of the back of the future curb (36 -feet west of the centerline) on Meridian Road and be constructed as a curb return type approach with a minimum 30 -foot throat width and 15 -foot radii. 4. The ACHD Capital Improvement Plan indicates that Meridian Road is approved for use of Road Impact Fee funds to increase its capacity; therefore, Road Impact Fee offsets may be given for right-of-way dedication in addition to what exists now. If the developer wishes to be paid for the additional right-of- way, he/she must submit an application to the impact fee admin- istrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 5. Meridian Road was totally reconstructed by ACHD in 1992. 6. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on September 13, 1994. The following requirements are provided to Meridian Planning & Zoning as conditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 45 -feet of right-of-way from the centerline of Meridi- an Road abutting parcel (13 additional feet). The owner will Meridian Conditio Use/Annexation MeridiRd. & Spicewood Treasure Valley Whip Center - Daycare September 1, 1994 Page 3 be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. 2. Construct the driveway on Spicewood a minimum 50 -foot west of the back of future curb (36 -feet west of centerline) on Meridi- an Road and as a curb return type approach with a minimum 30 -foot throat width and 15 -foot radii. 3. Utility street cuts in the new pavement on Meridian Road will not be allowed unless approved by the District Commission. STANDARD REQUIREMENTS: 1. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. 2. A right-of-way permit must be obtained from ACRD for any street or utility construction within the public right-of- way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 3. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: Larry Sale DATE OF COMMISSION APPROVAL: n u N 1 0 O��m11�aQ.Ti �qq �Ap � o0 8& OONaQ11 z �cFi��oo g C a vv� vv J_l��vvXXFW—Fy-�.�C7QZQ0_ �� IL to; 0-05 � CL a- M 000.f$ ❑D®OZco4(9OdO* ®)18 si LA 0 i I rn N N l0 O e S . F3=.: st r � �O1SD'd - d31J.-1S NOQzIOzJ ° �, i= � � _N3LJd0 3Q 311ry Q�SOdOZIc� °`o. • QOZ) SOL£8 o4oPl -osloe aoo.Aja1 o 4 saloloossv 0. TF F I I I I I I I I I I II II I I V saline 1I 1 9 1 _ I all rj� mi -0 I i J i � I '' � I I ' ' 1 I n 0 � < < 1 o > u o N CU CENTRAL DISTRICT HEALTH :7ENT Rezone # Conditional Use # A— Preliminary / Final / Short Plat REVIEW SHEET RECEI EED Environmental Health Division Return to: ❑ I. We have Objections to this Proposal. AUG 2 S 1994 CITY OF 1M �;ii3afrisy ❑ Boise ❑ Eagle ❑ Garden city 50meridian ❑ Kuna ❑ ACz ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal groundwater ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet 7. After written approval from appropriate entities are submitted, we can approve this proposal for: ,;K,centrai sewage ❑ community sewage system ❑ community water well ❑ interim sewage AR, -central water ❑ individual sewage ❑ individual water ❑ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water 9. Street Runoff is not to create a mosquito breeding problem. ❑ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 12. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas pschild care center ❑ beverage establishment ❑ grocery store 13.JJ2 Date:/ / -.Si7�)/'ZyA.JT2x Reviewed By: Z�ft OR CDHD ID/91 rcb, rev. II/93 ill CENTRAL • • •• DISTRICT HEALTH r DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL • BOISE. ID. 83704 • (208) 375-5211 • FAX: 327-85M To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT . 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc., Uribe and Assoc., Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Valley, Elmore. Boise. and Ada Counties Ada / Boise Canty once VAC Base • Merman mnore County Me amore C=* once Valley Canty Otece 707N. Amutrong Pt. 1606 Reverts S20 E 8th sheet N. d EmAarmerdd Heam P.O. Box I4'8 Boise. 10. .83704 Boise. i0. Mountain Hare. ID. 190 S.4th Sheer E Mid= 0. BUB Ernro. Heath: 327-1499 83705 Ph. 3344U 83647 Ph. 587.4407 Mow= Home. ID. Ph. 634-7144 Fa tv ftwig 327.1400 324 Mendiar. ID. M7 Rt. 5879225 h=Am s M-7450 83642 Ph. 888-6525 Nutrinftom M-7460 WIC. 327-7488 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON airman -Planning 8 Zoning R EC � � VE „c[t 1 7 AUG 1994 NAMPA & MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DENiLi' WRI)JECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: September 6. 1994 TRANSMITTAL DATE: 8/15/94 HEARING DATE: 9/13/94 REQUEST: Annexation and Zoning BY: Treasure Valley Worship Center LOCATION OF PROPERTY OR PROJECT: NW corner of Meridian Road and Saicewood Drive in Meridian JIM JOHNSON, P2 MOE ALIDJANI, PIZ JIM SHEARER, P2 _CHARLES ROUNTREE, P2 TIM HEPPER, P/Z ,_GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C _WALT MORROW, C/C MAX YERRINGTON, C/C --WATER DEPARTMENT _SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT RECEIVED ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH AUG 3 U 1994 NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT x a ;& ''IL'oAl ally i v IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District has no comment on the annexation and zoning request by Treasure Valley Worship Center. Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District C� MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 11, 1994 APPLICANT: TREASURE VALLEY WORSHIP CENTER AGENDA ITEM NUMBER: 2 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR TREASURE VALLEY WORSHIP CENTER FOR REZONE REQUEST AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: •% r 0 • Meridian Planning & Zoning Commission September 13, 1994 Page 2 Rountree: Mr. Chairman, I move that the Meridian Planning & Zoning Commission hereby adopts and approves these findings of fact and conclusions of law. Alidjani: Second Johnson: Moved and seconded that we approve the findings of fact and conclusions of law as prepared with the 2 changes suggested by Commissioner Rountree, roll call vote. ROLL CALL VOTE: Hepper - Yea, Rountree - Yea, Shearer - Yea, Alidjani - Yea MOTION CARRIED: All Yea Johnson: Any decision or recommendation you which to pass onto the City? Rountree: Mr. Chairman, I move the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the rezoning requested by the Applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. And that the property be required to meet the comments of the Meridian departments and other governmental agencies and shall be subject to review by City staff. Alidjani: Second Johnson: Moved and seconded to pass the decision and recommendation as read onto the City with the one change, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: PUBLIC HEARING: REQUEST FOR A REZONE BY TREASURE VALLEY WORSHIP CENTER: Rountree: Mr. Chairman, I request to step down for a potential conflict of interest. Johnson: That would be for item 3 as well? Rountree: Yes (Chairman Rountree steps down) Johnson: I will now open the public hearing, is there a representative from the applicant or the applicant that would like to address the Commission at this time please come s 0 Meridian Planning & Zoning Commission September 13, 1994 Page 3 forward. Gordon Slyter, 2162 East Katelyn Drive, was sworn by the City Attorney. Slyter: You have before you our request for both a rezone and a conditional use permit in regard to 2 parcels of ground at the intersection of Meridian Road and Spicewood Drive. Our hope is to build a church building on the northern most of those 2 pieces of property. And to do this its currently zoned residential R-4 in the City of Meridian and we are requesting a rezone to L-0 Limited Office which does allow church facilities. In conjunction with that we are also requesting a conditional use permit with the intentions that we would hope to open a day care pre-school to be operated in the church facilities. Not using additional buildings but in the church facilities. And that is the summary of our request the only other things I would like to say is we hope to be a positive beneficial addition to the community of Meridian and we see ourselves as team players with the City and its growth and development. We certainly want to comply with the master plan that was revised in the last 3 months. And comply with all of those guidelines. Johnson: Thank you, there may be some questions of the Commission? Any questions for the applicant's representative? Alidjani: Any other use for this Limited Office that you are asking for beside the church use? Slyter: No, just for the church and parking. Johnson: Any other questions? Crookston: How many children would you anticipate in your day care? Slyter: We anticipate licensing for 48, but our business plan shows operation with 36 children. But the maximum would be 48. Johnson: Anyone else? Thank you, this is a public hearing, anyone else like to address the Commission on this application? Tyler Rountree, 99 West Christfield Drive, was sworn by the City Attorney. Rountree: We live just to the north of the property that they are proposing to build a church on. The property right now is zoned R-4, exactly like what we are living on. We purchased the property knowing that is what the property was designated to be and would like it to be left that way. To go ahead and continue to be houses. The developer on the Meridian Planning & Zoning Commission September 13, 1994 Page 4 phase that we live in subdivided the property so that it could be used really well as far as running the street all the way to Meridian Road. And the way that he subdivided that property I could see where there could be a conflict as far as putting houses on it. But he was the one who was the developer he got to call the shot in the beginning and he called it R-4. I think it should be left that way. Alidjani: I've got a question, any specific reason why are you opposing this project? Rountree: Well, basically when we bought the lot we bought it on the pretense that it would never be commercial property, it would always be residential. That is basically why I am opposed to it. Johnson: Any other questions of Mr. Rountree? Anyone else from the public that would like to come forward? Shearer: Jim do you remember why did they make those lots so big in that, do you recall? Johnson: I don't Shearer: It seemed to me that there was talk of putting town houses in there. Alidjani: (Inaudible) Shearer: But when they first did the subdivision (inaudible) Johnson: Do you recall anything Wayne? Crookston: I don't Johnson: Anyone else from the public before I close the public hearing on this? Seeing no one then I will close the public hearing. Discussion, what is your pleasure? Alidjani: Mr. Chairman, I make the motion that we have the City Attorney to draw findings of fact and conclusions of law. Hepper: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law for this rezone request, all those in favor? Opposed? MOTION CARRIED: All Yea April 6, 1998 Shari Stiles, Planning and Zoning Administrator Will Berg, City Clerk - City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Dear Shari/Will, On Feb. 27, 1997, 1 gave you a letter detailing some items and costs that needed to be completed on our church building project. This letter supported the letter of credit issued to you, backed by money placed on deposit at US Bank in Meridian which required both your and my signature before being accessed. On June 18, 1997, based on invoice copies submitted to you, we jointly withdrew/released $4,900.00 connected with partial completion of the items spelled out in the 2/27/97 letter. On October 30, 1997, again based on invoice copies submitted to you, we jointly withdrew/ released $1,716.96 connected with further partial completion of the items spelled out in the 10/30/97 letter. I am hereby requesting another withdrawal/release of $2,704.22, which is detailed below. Copies of relevant invoices are attached. If this meets your approval, please sign the attached savings withdrawal. DuRite Nursery 2,227.50 The attached invoice copy shows a price of 2,764.83, however the 2/27/97 agreement which we entered into only allocated 2,227.50 for DuRite, so that's all I'm requesting. Zamzow's - Soil Aid 476.72 Soil Aid related to grass seeding 125.93 Soil Aid bark related to landscaping planters 292.37 Technically, this goes under the #2.c. category ($2,227.50) in the 2/27/97 letter, which was depleted above. However, the #2.b category will have excess since we are hand seeding instead of hydroseeding. Tax and Delivery 58.42 TOTAL 2,704.22 Last Saturday, we were able to make a great deal of headway on the landscaping. We got the trees required by city code planted, as well as a good portion of the bushes and plants in the planter Shari Stiles/Will Berg Page 2 areas. Additionally, we poured the concrete slab for our trash enclosure. We also took delivery and placed the parking lot bumpers. The weather has been unfavorable for spraying weeds with Roundup (60 degrees and 2 dry days.) As soon as weather permits, we will spray, then complete fine grading and complete the grass seeding. We will also plant the trees along the back of our property (I assume these are the ones you referred to as being required by our Conditional Use permit so as to shield the back of our property from the neighbors) and the trees which are over and above city requirements but were (unfortunately) drawn in the landscaping plans which we submitted with our building permit application. (It is these latter trees I referred to in my phone message to you, Shari, inquiring if we could substitute 12" caliper spruce trees for 2.5" caliper flowering pear trees.) Due to Easter and my being out of town the following week, our next scheduled work day is April 25. 1 anticipate completing the remaining tree planting and grass seeding by that date. Sincerely, Pastor Gordon N. SI r 0 TOM THIBAULT 0 0151FRITE NURSERY. DI C.- -We dot Me ow nwwm" 5321 W. Cherry Lane Meridian, Idaho 83642 (208) 888-1359 CUSTOMERS ORDER NO [PHONE GATE ADDRESS SOLD BY CASH C.O.D. I CHARGE I ON ACCT MDSE. REM PAID OUT QTY. DESCRIPTION PRICE AMOUNT X-) act 2-cc."I GC" I ick kk Ic T" RFCF-1VEf) BY L J) All claims and returned goods MUST be accompanied by this bill. N! 17088 PRODUCT 610 11/2% Interest on all accounts past 30 days. -2:-1 (-PL4 •'Z3 0 0 N O 00 00 01) Cl) u� (o K W N a ci n D) CDC 0 o `G co r- -P (D N D 2 U � ul O L � cri rr C1 D a O m • O -_ r � o I7 z —o Z D , C- .— m � �. lAvt � ,ter-pS• � O-r� A-- N O 00 00 01) Cl) u� (o K W N a ci n D) CDC 0 o `G co r- -P (D N r, • DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this J day of 1996, by the between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "City", and THE INTERNATIONAL CHURCH OF THE FOURSQUARE GOSPEL, a California corporation whose address is 1910 W. Sunset. Blvd., Suite 200, Los Angeles, CA, 90026-0176, hereinafter called the "Owner", with the "OWNER" being duly represented by Gordon N. Slyter, Pastor of the Meridian Foursquare Church, party of the second part, hereinafter called the "Developer", whose home address is 2162 E. Katelyn Drive, Meridian, Idaho 83642. WITNESSETH: 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-111, which is attached hereto and by this reference incorporated herein as if set forth .in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A., Development Agreements, which provides that cities may enter into development agreements with developers upon re- zoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, Gordon N. Slyter as Pastor of Treasure Valley Worship Center, whose legal name is Meridian Foursquare Church, has submitted an application for rezone of two tracts of land described in Exhibit "A-1" and "A-211, and requested zoning of L -o (Limited Office) and has submitted a site plan as part of a conditional use permit which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER, Gordon N. Slyter, who was also the Applicant for rezone and conditional use permit made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and ;,,chat improvements would be made; and JE�72 WHEREAS, E and B Trust (a Trust formed by Ed Bews and Burt Smith), which was then the owner of both tracts of land described in Exhibit "A--1" and "A-2" at the time Applicant applied; for. rezon and the conditional use permit, were in agreement with -said request for rezone and conditional use permit, as attested' 'in'Exhibit C; and TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT ag..e '37 JE), �h iU ai•;t 12_i ; :_ Ii,! ! 7 WHEREAS, the CITY did grant said rezone and conditional use permit; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, OWNER and DEVELOPER deem it to be in their best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER as the local custodial agent of the "OWNER', who is now sole owner of said land described in Exhibit "A-1" had made request to the CITY to have the same rezoned, and has submitted to the CITY a detailed request for a conditional use permit for the development of a day care within the proposed church facility, and has submitted to the CITY site plans as to how the property might be landscaped, bermed, lighted, access provided, and elevations, which, except for the site plans, have been approved by the CITY, and as part of the request for rezoning and Conditional Use Permit the CITY adopted and approved Findings of Fact and Conclusions of Law, which are incorporated herein as if set forth in full; and WHEREAS, DEVELOPER is now prepared to commence with what was represented to the Meridian City Council as "Phase 1" of the development project, that is, the development of the certain tract of land described in Exhibit "A-1"; and WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law rezoned the property subject to de -annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, as the local custodial agent for the OWNER, who hereby binds his, its, or their heirs, successors and assigns to this agreement in consideration for the annexation, rezone, or the non -de -annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the City, shall, on the land described in Exhibit "A-1", only construct a church and related structures. 3. That the property zoned L -O, described in Exhibit "A-1", shall meet all of the requirements of the L-0 zone and TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT Page 2 • E limit uses to a church and day care center with associated parking unless otherwise approved through the conditional use process. 4. That DEVELOPER will, before CITY grants a building permit, file or cause to be filed with the City Engineer, a complete set of "Property Improvement Plans" showing all streets, parking lots, entrances, exits, refuse collection areas, loading and unloading areas, utilities, pressurized irrigation facilities, landscaping, sewer, water, drainage, signing and barricades, and other such improvements contemplated within the property, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Property Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Property Improvement Plans are incorporated herein and made a part hereof by reference. 5. That DEVELOPER will, at his or their own expense, or at the expense of the OWNER, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Improvement Plans, DEVELOPER shall also install telephone, electrical power, gas lines, and television as required for the development. 6. That DEVELOPER will construct and install all such improvements in strict accordance with approved Property Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 7. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT Page 3 phased construction work as shall be required and approved by the City Engineer, 8. That DEVELOPER will have "corrected" original drawings of the Property Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Property Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all uti'ity lines, and pressurized irrigations lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Property Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct. 9. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 10. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER or the OWNER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 11. That DEVELOPER and OWNER agree that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT Page 4 • 0 right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 12. DEVELOPER and OWNER agree that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of. said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5%) per annum, until paid. 13. That OWNER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, specifically that tract of land described in Exhibit "A-111, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT Page 5 • 0 The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER or OWNER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letter of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-6-6 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 14. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; 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. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed in writing that such fencing is not necessary. 16. That the CITY and DEVELOPER agree that this DEVELOPMENT AGREEMENT shall NOT apply to that tract of land described in Exhibit "A-211, which is not owned by the International Church of the Foursquare Gospel, and that any development of that tract of land shall require and be subject to a separate DEVELOPMENT AGREEMENT which will be entered into between the CITY and the owner of that property at such time as that OWNER wishes to develop it. TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT Page 6 • 17. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian City Engineer City of Meridian 33 East Idaho Meridian, ID 83642 DEVELOPER: Pastor Gordon N. Slyter Treasure Valley Worship Center Meridian Foursquare Church P. O. Box 545 Meridian, ID 83680 18. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 19. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon the OWNER's heirs, successors or assigns. 20. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 21. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de - annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the,... ,- Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. DATED the date, month and year first appearing. *And DEVELOPER: International Church of the Foursquare Gospel Attn: Corporate Secretary +. P.O. Box 26902 Meridian Foursquare Church. 1910 W. Sunset Blvd., Ste. 200 (Treasure Valley Worshitq'Centeil- L.A. , CA 90026-0176 Pastor Gordon N.. `Slptqr ., This agreement shall not be effective until approved b S4,tBoard of Directors of the International Churcb of the Forsquare,GoSpel: By r r CITY OF MERIDIAN TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT Page 7 L_J E r� +iBY Wi liam G. Berg, Jr /, erk OWNER: APPROVED by Board of Directors Zof the International Church of Crk 4 r ( ��`� the Foursquare Gospel ��trrrrrtrs rt�t��`` V7 zz- zo'c'sY P s dent, John . Holland STATE OF IDAHO ss. County of Ada By ,• (� S cretary, John W. Bowers On this ,:�a day of , 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared Gordon N. Slyter, known, or proved to me, to be the individual whose name is subscribed to the within instrument, and acknowledged to me that he has 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. .P ":t SEAL Notary Pu for Idaho Residing at: ,t --R My Commission Expires: to-1:;,-cXnj TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT Page 8 STATE OF IDAHO ss. County of Ada On this -AbA day of lecew►6er , 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk. respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian 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. 40 SEAL®TAR V$1. of No r i Public "Tor Idaho RdsidAng at Meridian, Idaho M mmission Expires:allj4i44 TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT Page 9 . . EXHIBIT A-1 • DESCRIPTION FOR BEDELCO NORTH OF FIVE NILE CREEK PARCEL 1 September 8, 1993 A parcel of land located in the NE 1/4 of the SE 1/4 of Section 1, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: C-01 li !C g at t; e east 1/4 comer (f Sedan 1, T .3N. R 1W., B.M., thence S 002530" E 257.00 feet along the east line of said Section 1 to a point; Thence S 89°4647' W 35.07 feet to a point on the westerly right-of-way of Meridian Road, the Real Point of Beginning of this description; Thence S 89°4947' W 189.94 feet to the northeast comer of Lot 3, Block 13, Meridian Manor No. 7; Thence S 00025'30" E 172.14 feet to the Southeast comer of said Lot 3; Thence S 11'01'31" W 165.22 feet to a point on the northerly right-of-way of Spicewood Drive. Along said northerly right-of-way the following: Thence N 89034'30" E 20280 feet to a point of curvature; Thence along a curve to the left 31.42 feet, said curve having a radius of 20.00 feet, a centrai angie of 9Gvu`4Z, tangents or 200.00 feei and a chord of 28.29 feet which nears N 44034'09" E to a point of tangency on the westerly right-of-way of Meridian Road; Thence N 0002612'W 313.28 feet to the Real Point of Beginning of this description. This parcel contains 1.514 acres, more or less. Michael E. Marks, LS. - No. 4998 u EXHIBIT A-2 DESCRIPTION FOR 91 � NORTH OF FIVE WE CREEK PARCEL 2 T .. A parcel of land located in the NE 1/4 of the SE 1/4 of Section 1, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County,' Idaho, being more particularly described as follows: a n,^ ig at the east 114 corer of 5ectidn i, T.: R.'r'vv., B.IVi., thence S G°253U" E 973.49 feet along the east line of said Section 1 to a point; Thence S 89°30'35" W 30.00 feet to a point on the westerly right-of-way of Meridian Road, the Real Point of Beginning of this description; Thence S 89°30'35" W 25.00 feet to a point; Thence N 00'2639'W 129.50 feet to a point on the northerly right-of-way of Five Mile Creek; Along said northerly right-of-way the following: Thence N 7904726'W 169.72 feet to a point; Thence N 69'0626'W 41.01 feet to the Southeast comer of Lot 1, Block 12, Meridian Manor No. 7 Subdivision. Thence N 00'02639'W 157.68 feet to a point on the southerly right of way of SpicewoW Thence N 89°34'30" E 205.42 feet to a point of curvature; Thence along a curve to the right 31.02 feet, said curve having a radius of 20.00 feet, a central angle of 88051'49", tangents of 19.61 feet and a chord of 28.00 feet which bears S 45°5936" E to a point on the westerly right-of-way of Meridian Road; Thence S 01 03335" E 232.14 feet to a point on the westerly right of way of Meridian Road; 9 '0 • EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND PASTOR GORDON N YT R OF TREASURE VALLEY WORSHIP CENTER This property development is for the construction of church facilities, a day care within the church facilities, and associated parking. The DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines in accordance with approved plans. 3. Dedicate the necessary land from the centerlines of Meridian and Spicewood Roads for public right-of-way, including any necessary bike lanes, prior to obtaining a building permit (submit copy of recorded warranty deed). 4. Pay any development, impact or transfer fee adopted by the CITY. 5. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 6. Provide berms and landscaping around perimeter and on entrances to be maintained by the Church as shown on approved plans prior to obtaining a Certificate of Occupancy; submit copy of executed License Agreement with Ada County Highway District for interim landscaping within their right-of-way and for the additional right-of-way dedication. 7. Provide required number of three-inch (3') caliper trees (1:1500 s. f. of asphalt). 8. Provide permanent six-foot (6') fencing around play areas. 9. Install security lighting that will not cause glare or spill over to adjacent residential property. EXHIBIT "B" 7/03/96 TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT Page 1 of 2 10. Provide screened trash enclosure for all trash areas. 11. Obtain a Certificate of Occupancy prior to occupying any building. 12. ' Provide pressurized irrigation to this property and submit evidence of approvals from appropriate irrigation district/canal company and downstream water users to the City prior to obtaining occupancy if an irrigation company provides water for the pressurized irrigation system. 13. Provide perimeter fencing as necessary during construction to contain construction debris and as shown on approved site plan. 14. Provide pedestrian walkways as required by City Ordinance 11-9-605 C; planting and reserve strips as required by City Ordinance; planting and reserve strips as required by City Ordinance 11-9-605 G; preserve existing natural features as required. by City Ordinance 11-9-605 H.2; lineal open space corridors along Five Mile Creek as required by City Ordinance 11-9-605 K; and pedestrian/bike paths as required by City Ordinance 11-9-605 L. 15. Allow no parking on unimproved areas and submit paving and landscaping plans for approval prior to finther construction. EXHIBIT "B" 7/03/96 TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT Page 2 of 2 fnvoice Invoice Number. 97-124 Date: July 28,1997 My of Meridian 33 East Idaho Meridian, ID 83642 (208)8884433 Faye (208)8874813 To: Mail to (if different address): Treasure Valley Worship Center C/O The International Church of the Foursquare Gospel 1910 W. Sunset Blvd, Suite 200 Los Angeles, CA 90026-0716 77TY. DESCRIPTION UNIT PRICE TOTAL 1 Recording fee for Development Agreement for Treasure Valley Worship Center 39.00 39.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SUBTOTAL TOTAL DUE 39.00 $39.00 q PAY z TO THE `u 4. ORDER OF� "Hub of Treasure Valley" • 33 E. Idaho 10Meridian, Idaho 83642 888-4433 Customer(1)—m _ Cf j Order No. Date l/ IJJ Address Phone: SOLD BY :AS'ri`�.U.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT i 3 1 ozv .39 i i I i i I i I i I i All claims and returned goods MUS a acccompani by this bill. TAX ' T00836 1 3yce e TOTAL cCJ -2 PRINT PRINTED IN U.S.A. TREASURE VALLEY WORSHIP CENTER A FOURSQUARE GOSPEL CHURCH P.O. BOX 545 MERIDIAN, ID 83680 Y S" O �U��� cit G� 2656 92-372/1231 19 302 $ co --- DOLLARS 8NK MERIDIAN BRANCH E. IDAHO w, MERIDIAN. IDAHO 93642 U.S. BANK OF IDAHO ) \ i FOR ��" I�'ZL�1/�'C�-%✓KLIr..� Li_ _ Ly�`iLL ul� tir 11500 26 5611' 1: 4 2 3 i0 3 7 294 30 2 7130 511' , 0 0 MERIDIAN CITY COUNCIL MEETING: JUNE 18.1996 APPLICANT: ITEM NUMBER; 16 REQUEST:DEVELOPMENT AGREEMENT FOR TREASURE VALLEY WORSHIP CENTER AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: Al k IrA01114 91 1,111el 014 2 M MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. • 0 DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1996, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the fust part, hereinafter called the "CITY", and PASTOR GORDON N. SLY , party of the second part, hereinafter called the "DEVELOPER", whose home address is 2162 E. Katelyn Drive, Meridian, Idaho 83642. WITNESSETH: WHEREAS, DEVELOPER 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", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for rezone of that certain property described in Exhibits "A-1" and "A-2", and requested zoning of L -O (Limited Office) and has submitted a site plan as part of a conditional use permit which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same rezoned, and has submitted to the CITY a detailed request for a Conditional Use 6/14/96 TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT Page 1 • 0 Permit for the development of a day care within the proposed church facility, and has submitted to the CITY site plans as to how the property might be landscaped, bermed, lighted, access provided, and elevations, which, except for the site plans, have been approved by the CITY, and as part of the request for rezoning and Conditional Use Permit the CITY adopted and approved Findings of Fact and Conclusions of Law, which are incorporated herein as if set forth in full; and WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law rezoned the property subject to de -annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non -de -annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A-1 ", only construct a church and related structures. 3. That the property zoned LQ, described in "Exhibit A", shall meet all of the requirements of the L --Q zone and limit uses to a church and day care center with associated parking unless otherwise approved through the conditional use process. 4. That DEVELOPER will, before CITY grants a building permit, file or cause to be filed with the City Engineer, a complete set of "Property Improvement Plans" showing all parking lots, entrances, exits, refuse collection areas, loading and unloading areas, utilities, pressurized irrigation facilities, landscaping, sewer, water, drainage, signing and barricades, and other such improvements contemplated within the property, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Property Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the 6/14/96 TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT Page 2 development. Said Property Improvement Plans are incorporated herein and made a part hereof by reference. 5. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing; street signs, and barricades as well as any and all other improvements shown on the Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas lines, and television as required for the development. 6. That DEVELOPER will construct and install all such improvements in strict accordance with approved Property Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 7. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 8. That DEVELOPER will have "corrected" original drawings of the Property Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Property Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "erected" Property Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct. 6/14/96 TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT Page 3 11. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 12. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 13. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of OccuF gy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 14. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue 6/14/96 TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT Page 4 any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plass five percent (5 %) per annum, until paid. 15. That DEVELOPER agrees to, and does hereby, grant a security interest in the_*d hich is the subject of this Agreement, to secure the installation f all ovements including, but not limited to, sewer, water, irrigation drainage pipin pressurized irrigation system, landscaping and berming, fencing. In the even f DEVELOPER's failure to complete such installatio , the CITY may install such 'mprovements and, without notice, foreclose is Agreement as a mortgage in ac rdance with the mortgage foreclosure la of the State of Idaho; Provided further t upon request of the DEVELOPER a CITY will execute and deliver a partial rel a of the lien created herein a ' st all or any portion of the subject land, upon co letion of that portion o the total improvements installed which relates to the pe entage of impro ments that have been installed as compared to the total amou of improv ents. The CITY further agrees that, u request of DEVELOPER, the CITY will, by written agreement, subordinate Ii created hereby, to any mortgage, deed of trust, or other security dev' aZt, re to secure the payment of any loan or advance made to DEVELO ER sole urpose of financing the construction of improvements upon land which is the s 'ect of this Agreement; provided, however, that the fin cing entity shall first w t and represent in writing that it understands that a contemplated loan or advan s will be used solely for the construction of mprovements upon the land and t it will take reasonable precautions ual and customary to the financing and le ing industry to ensure that the to proceeds or advances will not be used for any ther purpose. The,CITY may also require surety bonds, irrevocable lettersX credit, cash sits, certified checks or negotiable bonds, as allowed under 11-9-V6 C of the Revised and Compiled Ordinances of the CITY of Meridian, to ure the installation of the improvements, and the DEVELOPER agrees to provid ch, if required by the CITY. 16. That DEVELOPER agrees that no Certificates of Occu ancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occup ncy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 6/14/96 TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT Page 5 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed in writing that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Pastor Gordon N- Slyter City of Meridian Treasure Valley Worship Center 33 East Idaho Meridian Foursquare Church Meridian, ID 83642 P. O. Box 545 Meridian, ID 83680 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. 6/14/96 TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT Page 6 DATED the date, month and year first appearing. DEVELOPER: TREASURE VALLEY WORSHIP CENTER Pastor Gordon N. Slyter By Pastor CITY OF MERIDIAN By Robert D. Corrie, Mayor By William G. Berg, Jr., City Clerk 6/14/96 TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) ss. County of Ada ) On this day of , 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared Gordon N. S13der, known, or proved to me, to be the individual whose name is subscribed to the within instrument, and acknowledged to me that he has executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ) ss. County of Ada ) Notary Public for Idaho Residing at: My Commission Expires: On this day of , 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: 6/14/96 TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT Page 8 EXHIBIT "B" if TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND PASTOR GORDON N ST YT R OF TREASURE VALLEY WORSHIP CENTER This property development is for the construction of church facilities, a day care within the church facilities, and associated parking. The DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines in accordance with approved plans. 3. Dedicate the necessary land from the centerlines of Meridian and Spicewood Roads for public right-of-way, including any necessary bike lanes, prior to obtaining a building permit (submit copy of recorded warranty deed). 4. Pay any development, impact or transfer fee adopted by the CITY. 5. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 6. Provide berms and landscaping around perimeter and on entrances to be maintained by the Church as shown on approved plans prior to obtaining a Certificate of Occupancy; submit copy of executed License Agreement with Ada County Highway District for interim landscaping within their right-of-way. 7. Provide required number of three-inch (3 ") caliper trees (1:1500 s. f. of asphalt). 8. Provide permanent six-foot (6') fencing around play areas. 9. Install security lighting that will not cause glare or spill over to adjacent residential property. EXHIBIT "B" 6/14/96 TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT Page 1 of 2 10. Provide screened trash enclosure for all trash areas. 11. Obtain a Certificate of Occupancy prior to occupying any building. 12. Provide pressurized irrigation to all lots within this property and submit evidence of approvals from appropriate irrigation district/canal company and downstream water users to the City prior to obtaining occupancy. 13. Provide perimeter fencing as necessary during construction to contain construction debris and as shown on approved site plan. 14. Provide pedestrian walkways as required by City Ordinance 11-9-605 C; planting and reserve strips as required by City Ordinance; planting and reserve strips as required by City Ordinance 11-9-605 G; preserve existing natural features as required by City Ordinance 11-9-605 H.2; lineal open space corridors along Five Mile Creek as required by City Ordinance 11-9-605 K; and pedestrian/bike paths as required by City Ordinance 11-9-605 L. 15. Allow no parking on unimproved areas and submit paving and landscaping plans for approval prior to further construction. EXHIBIT "B" 6/14/96 TREASURE VALLEY WORSHIP CENTER DEVELOPMENT AGREEMENT Page 2 of 2