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Treasure Valley Worship Center CUP HUB OF TREASURE VALLEY • OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., Clty Clerk CITY OF MER RONALD R. TOLSMA I GARY D. SM TH, P.E. City Eng near IDI CORR E AN OBE T D. 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 " " MERIDIAN IDAHO 83642 Planner f: Zoning Administrator BILL GORDON, Police Chief W.L. WAYNE G. CROOKSTON, JR., Attorney , Phone (208) 888-4433 • FAX (208) 887813 ~~~~~j ]~Y`- JIM JOHNSON ~/ Chairman • Planning 8 Zonin Public Works/Building Department (208) 887-22 g 1 I GRANT P. KINGSFORD AU G 1 5 199~r 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: Conditional Use Permit BY: Treasure Valley Worship Center LOCATION OF PROPERTY OR PROJECT: NW comer of Meridian Road and Soicewood Drive in Meridian JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z 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 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~ • Fi~E coPr CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: Treasure Valley Worship Center PHONE 887-0801 ADDRESS : P•O. Box 545, Meridian, ID 83680 GENERAL LOCATION : 1WJ and SW corners of intersection of Meridian Rd. and Spicewood D~ in Meridian; ID DESCRIPTION OF PROPOSED CONDITIONAL USE: We propose to operate a pre-school and daycare program. This would c urc - . pre-school and daycare programs would be open to the public as X11 ~hr~ i r l i ~~ i r i l i ac ZONING CLASSIFICATION: L.O. (pending concurrent application for rezone which has been sutrnitted to the City of Meridian. PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards.. See attached. LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT Worship Center submitted by Treasure Valley for the property generally described as located ate & SW corners of Meridian Rd. & Spicewood Dr. SUBDIVISION N.A. ( just east of Meridian ManorB~'~K N.A. LOT NUMBER N.A. TO open a church-operated pre-school and children's daycare program The pre-school and daycare would use existing church facilities. Both the pre-school and daycare programs would be open to the public ___ . __.~_ wpl 1 aG ~t~rrh fermi 1 iaG • • APPLICATION FOR A CONDITIONAL USE PERMIT In the City of Meridian, Idaho REQUEST: To obtain a Conditional Use Permit in order to open a church-operated preschool and children's daycare program. 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. 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. 4. PROOF OF OWNERSHIP OF SUBJECT PROPERTY See attached: photocopy of trust indenture document naming Bedelco Inc. as owners (said corporation having as officers: Ed Bews and Burt Smith) 5. EXISTING USE: Formerly: farm and pasture land Currently: vacant, no structures existing on land Currently zoned in the city of Meridian as Residential, R-4 although an application for rezoning is being submitted concurrently with this Conditional Use Permit request to change the zoning from R-4 to Limited Office (L.O.) 6. PRESENT USE OF SUBJECT PROPERTY See above #5. Although the land is currently vacant with no structures existing, if the rezone application is approved, a church will be built on the property, together with landscaping, playground and a parking lot. 7. PROPOSED USE OF THE SUBJECT PROPERTY: 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. This application for Conditional Use relates specifically to the use of church facilities and property for the operation of a church-administered preschool and children's daycare. See attached: STATEMENT OF PURPOSE FOR OPERATING A CHURCH- BASED PRESCHOOL AND DAYCARE PROGRAM. • • City of Meridian Conditional Use Request Treasure Valley Worship Center Page 2 8. 25 COPIES OF A VICINITY MAP (1" = 300') See attached. 30 copies are included. 9. CHARACTERISTICS SHOWING DESIRABILITY OF THIS CONDITIONAL USE: The desirability of locating a church on the subject property is addressed in our application for Rezone which is being submit- ted concurrently with this application for Conditional Use. This property is also ideally situated for a church-based daycare program. It is near three major thoroughfares in the city of Meridian, i.e., Meridian Rd., Cherry Lane, and Ustick Rd. Parents traveling to work will find it near their routes to and from their jobs. It is near, but not "in" several new residential subdivisions in Meridian, e.g., Meridian Manor #6,7 and 8, Waterbury Park, etc. This proximity to parents who need daycare for their children is a positive benefit. As a daycare, it will involve minimal traffic additions other than immediately before and after normal working hours, when parents are already on the, road, traveling to work. This might be con- trasted to other potential uses of this property, such as light retail, convenience, or service businesses which might involve increased traffic all day long If the church's Conditional Use Permit to operate a daycare is approved, we will be able to contribute to the surrounding subdivisions by providing preschool and daycare services to local residents in addition to our own parishioners. 10. 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. The only owners "within" the area being considered for a Con- ditional Use are the present owners: E & B Trust. 11. FEE $275.00 + (42 x $1.29 = 54.18) _ $329.18. See attached check. 12. AFFIDAVIT THAT NOTICE HAS BEEN POSTED INFORMING OF APPLICATION FOR CONDITIONAL USE PERMIT AND ZONING REQUEST. When the city clerk notifies me that a hearing date has been set, I will post said notices and submit to the city of Meridian a signed affidavit that I have done so. • City of Meridian Conditional Use Request Treasure Valley Worship Center Page 3 Respectfully submitted, ~~ don N. Slyte Pastor, Treasur alley Worship Center ~arus+^w..w ~~sre7 va env ~•.arsc= yvasp~4v .~~ „ rev asavw-,vs;,,~+w - •. .,. , f '~~a po],iars rcid other valuable:'cons ~ ~ id,~;; s f. '^ , ._ f~ ~. Y. L :of{%~~'6e second part, •the'reeeipt oheteo ~• _ ` sate ,baigained,~ s~~ld •and conveyed, .and:';' , .~~, ~ ~_ z sr$a1n,'~ell and convey unto the said •psrtq-o t -• et its `'= • ~;~ successors and assign •, forever, all that testa ~~ t~t~u !~'~-~." °=~,+tha Cowity of Ada, St:~t _ ''r"" ~"~ ~•" A par~•cl of land lying in the vE 1/4 of the. S6'i/G z ` yr t -r`~°.:;:_ of Section 1. T. ) t7., R. 111., B.M., Add County. s.'•. ,~'.~ ~~:,. Idaho. and a:,rc parti+•ul.~rly described as follows ti Beq:nnin); at the N~•rthea:a corner of thr said NB 1/4 ` of. tt:e Sh I /4 of Sect i+m 1 , also said point being ,r_ 4: ~ the RE.1I. PnlaT ~)F' RF.GIN1lSG; : +} ~ - thence Soua, Y9°riA' 3i' M~••:t 1 .327.2'1 fret afoRg~the" Si z~x Northerly hr~unclarv of the vaid NF, t/4 of t1.e S6 I/4~ ~• ~ '~ ,~~ t 2.~' of Secti.+n I :o .i point marking Che Nocthwest`:caraeC~'~~ ~~ ~~~ ~~' .,s.~ _ of_ the sail F:E 1/4 of the SE l/4 of Sectio~r~`~ _ ~ ~ ; 1 `~~~`,l'~yae~ ;thence $octh 0°2S'17" Easc 373.97 feet ilon t ~ *kr~~~ °~ ~' ` •Westerl bounds. of the said !IE I/4 of` the S&`1~ `' .+ ~ ~~, ' of. Section i to a Ix~inc un chP Northeasteclq _~ t • ~~ ~ ' ~ ?,: ;~.y ; .~ I i .,:3 r' ''~'~ of-vay line of Fiv~oilc Creek, ~ ~~' a ,; ~ ;t-' ~. ~' ail rout is=~. r ~~ thence South 69°05'25" Fast 1,190.OL~~"q, li ~ ~~; ,ik:Northeasterly rightrof-way line sl;Af ~" 1. ~~. 4 """" } to a point; ^"R ~ ~ w„ ' r ,. ~ r. < . t s i ~~ t ~ • thence South 79°41' ZS" East 166.64,,fa~ ` ~ . ., '' 1~i~,ttheasterly rightrof-way line ofyPi ':~ u point, :.~ •. ~~ ` ,~','~'~` : F , ..,' . ~$,r 4 hence South 0°2 30 East 1 1. ;~.ee t S SOO,feet Westerly of and paraliT"e~ b`ouadarq~pf the .said NE I/4aoE~ -'to 'a point, "~' 1 ' lr ?' r6.~.na• r .a r 'gel ~- ' a'i~°' 1 '° '?..wl L ~ ,tb~ North R9°JO'35"+. East •3S.OQ" e~ ~.~;~ the~_said.,Easterly bounds •h 'N„~ Y ~~h of'jSection l , ' ,; ~ ., ~,~ 4~ h"' ~th-eace ytt~=th 0°25'30" West 9T3.5,d'.~fee , ' ~ stet, yboundary of the 'rE•_I/4 5 ' # _ to the:~`po nt of beginning; ;;C ` '~' 3` ~ ; ie`or Less ' '~ ~~: -",~ e ~ _ A j~ Y ].~tiy~.' t x2525"" '~~ sK~.+:_*.: ~;, .;. '.. _ ,.. *+=?y ~''++. ~~ ~ ~.~,. } • .4+.St~!` CA 'y,~~ Fw k~i3_ .~. }g .. ~'x`~r`. -T y ~ ~,` '~~~iy~ p~ o- ~ ~°'; ~udentui to be catecuted by its duly authorized oi>IZCe~r, in._acpc~o ~aauc~ .+~~.~,~yr„~ .Y~4 '~ y.,.:~ ~ 2_c~(+w~ ..:., ..s ....• -" .. '~.-: F ~.w~.. ;~, .-.w t ~• ~`.'~•"a~~ +F"'~£~ . v~ ~; , y, H; =+'L• ~w • ~-~~ corporate resolution duly adopted, all~in the dap and'year first hereinabove j ^~•, ~ i ~ ~ •t:• ~~• s w~ ;s written ~ ~ _ r ~ ~ * ~ ~fiy k . ~ ~Sz -~.•• ~. , ; ~ :. • • :,: Tl1E IDAHO FIRST :2ATIONAL BANK ,~ _ ~~ L mpcr[y + f is -Trusts ~" J ~ ..... - '%. .. .. . ~ti. County of Ada ) On this _~(_~_ day of ~_ ~•_~-~_•.~~ ._• Ic+'H, hefo« ne, the undersigned Notary Puhlic in and fog ti.+id titatc~, percun:+lly appeared Jc)IiN O. BYERLY, known to m^ to be thr pcr;nn wh.~se came is suhsc•ribed to the foregoing instrument as the Property officer -Trust of THE LDAI{0 FIRST NATIONAL GAtiI:, a mat Tonal banking a:aoc• Tat ion, and acknov- !.edged to me that he executed the same fur the purpu~es and ronsidera- tion therein exprt:ssed, and as the acct and deeJ of paid :+ssocia~ion. IN WITNESS IvlIERF.OF, I Have hereunto set my hand and seal tha day ' apd year in this certificate first ~hnve written. ~r~t•~. Y \ i • V ~ ., ,~N. ,. :Ic.tary Public for Idaho #`~~~, ~`: F ~~ ~ ~ t + ~. ~~~ 4esiding at Boise, Idaho ~ a .. ~~' ~, ' . ;{y commission expires 6 .?J•d-Z ~- ~ c - . ,~ • ~ 7F ~~ ~} X ~„ k,5+- i~~$ ``~7c ."4 .~...1- ,..•n~~ ~ F y ~ .t!' li ~ ~/e~.~ ~~! #Y [ill ~'~'~!~ ~ + z: a.~*'><l~ ! (li ef.NlL s pMp /eaY'..ty~^~' R ~J~y M a,, 3 ~ i ~ x~~~ D s S . _Ssw/~ ~s~{yy, .F.', di~' "'tiYSr .:,. t rte ~ ~C'r} Q ~, .~F,~, aP` .e•i is ~'kr~` • r:a'~~1:'` + 'fir.- ,'re#'e`~~~'~`.: -~, 'r I!'A~ f .u '~'c- ..x : tide if -' _ sa+3~ k~ tkc~ _ ~ ~'r ~ ` ~ ~' ^~~ ~ ram,: ? ...%» ~, _ ~ J ~+` $ .. r 7 '4'., .' > ~ t , a y~+~y~ Fa J~ ~„ ~ ~4~ ~' ,~..s• ~-rW a,~ ~~7 :`~ Fy J -~.. ~71'~^~}.~~ ~"~'~W tl~•`k-. .1.131• ~.: '-.. .+n-^-... ..aM `!._~~+' '77ai~~.:.~._ ~ •~ ~` • AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss .. COUNTY OF ADA ) E S B Joint Trust I~ (Ed Bews Or Burt Smith ) (name) Boise (city) 5204 Sorrento Circle (address) Idaho being first duly sworn upon oath. depose and say: (state) 1. That I am the record owner of the property described ors 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. -,/ ~ .,~~.f Notary PubLc for Idaho Residing at My Commission Expires: 2 ~'~ 3._~- ~cu,a~~ p r _ m A ~ ~ /-~ y ~ i ~~~ . .oa ZIO d - mac!@Ll1S NOQ?JO~ ,° . -- 1N3Wct/l3Q 311 ^v Q350cf02~d o _ i a131N30 ^aZl0r1'1 .l3'1'77/l 3zll'!Sb'32J1 0 L£8 p4oP1 'os~oe iODJJBl ouoo~~ewy LL4£ sayo~oossy 7Q Bali^9 ~_ nw m.a..w.a~ -~~~__~__~-_~~~_--yeti __ _ _ ~.__j__~____- - __ f r.._ -.--11 ~ S I .I I ~ 1 I 1 ~ ~ . I I I ~ .... _- ~ I ! ~ ~1~39 .I ~I- ~ i ~ I ri f . 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IV7"1~;f00"id Q3SOdOZ`!d ° _ '_" ~ c ~v ~ ~---~~ - ~ ~f31N3~ ZlOR1 .l3'i~b'/l 3zIY15b'9~f1 ; ~ ~ ..,., . w Q l6li-Y>£ (BOZ) 90L£B o4oPl 'oilog •ao~~al DUDO~JYWy' Fly£ sayo~oossy ~ ~a~~ng a w u a 0 3 W J J a ~' 0 ~ 0 ,0 ~. ,~ ~-_- ~ a ~ w, i ~ ~ ~ ~ a ~ ~ ,, 0~ 3 ~ >W ~ ~ ~~ I ~j ~ ~a ~ ~ o~ a. ~ as ,~ • i ~ESCwPnoN FOR BEnELCt~ NORTH OF FIVE IWLE 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: ~~ ~ ~~ ~u~ ~y a~ the east 1/4 corner cf Sc~,~iion i, T.3iv. rc. i~rii., B.Ni., thence S 0°25'30" E 257.00 feet along the east line of said Section 1 to a point; Thence S 89°48'4T' 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°48'47" W 189.94 feet to the northeast comer of Lot 3, Blodc 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 89°34'30" 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 central angle of 9u~uu'42", tangenis or" 2u.uv feE~ and a cord of 28.29 feet which nears N 44°34'09" E to a point of tangency on the westerly right-of--way of Meridian Road; Thence N 00°26'12" 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 930305 .s'~ .v • DESCRIPTION FOR .. • 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: C:.-ru ~ncin~ ai tha east 1/4 CO?ier ~ Srctiun~ i, T.si~. n.~'rvv, B:Ivi., 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°30'35" 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 Fve Mile Creek; Along said northerly right-of-way the following: Thence N 79°4T25" W 169.72 feet to a point; Thence N 69°05'25" W 41.01 feet to the Southeast comer of Lot 1, Block 12, Meridian Manor No. 7 Subdivision. Thence N 00°25'30" W 157.68 feet to a point on the southerly right of way of Spioewood vi ~~ c; 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 curare having a radius of 20.00 feet, a central angle of 88°51'49", tangents of 19.61 feet and a dior+d of 28.00 feet which bears S 45°59'36" 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; • • STATEMENT OF PURPOSE FOR OPERATING ACHURCH-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 aBible-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 APA ITY NR (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 s mos. ago) EXPERTISE 6. Jodi Slyter (the pastor's wife) has her K-8 teaching credential from the state of Califomia 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 i pony a sbu ts'consenraty ely projeclted upon our ft. per child required = 1,680 sq. ft. of usab p )~ 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 alloy sutabiliwork with a ratio of one worker to 12 children as we get started and establish financ tY PROPERTY AND LOCATION at the intersection of Meridian Road and 1) The TVWC PROJECT envisions purchasing property Spicewood Drive. (See attached drawings.) Meridalf a mileanorth of asma nentersection n1t own. entrance into our city. Our location is less than h (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 futuralsooondthe build a larger permanent sanctuary (and perhaps an additional educatio ox. 1 a c e in size) larger parcel, and move most of the parking to the smaller parcel (app across the residential street to the south. The second rparc2 & ~ /2 acresave to be developed until "phase 2" is begun. Both parcels together equal app Any further questions my be forwarded to Pastor Gordon N. Slyter, 887-0801. 1 ~ ' ~ ~ ~ ~ - , l - I Iii 1 •`l ~ \ ` ~ `. ~ ~ \\ _~._ /732.5 _ 21 20 19 18 I 16 I5 14 13 ~1~ 3 il, ~~ 10' 9 8 7 6 S 4 3 2 I PAR W. WOODBURY R. O W. woo08URY DR, z4 / ~ 2 12 11 10 9 8 7 6 5 12 II 10 9 7 6 5 •,p 4 - 4 9,Q I u B• 3 4 O 32 2 ® 3 ~cp. I Y'~ EkgURY 23 ~ "~i ~ 15 i W TIC B R P R 0, 2 I - Ir le +9 20 a 2z 24 :.~ 31 30 29 Zg Zr 26 23 24 23 22 20 19 18 17 16 IS 14 13 9L 16 ~ W. 1^lATERBURY DR. W WATERBURY WY. , 8 7 6 5 4 2 I 24 23 ~ 21 2J 18 i8 17 16 15 O ~ 3 / ~2 12 II 10 9 8 7 6 S 4 3 2I 23 /2 23 9, B 7 6 4 3,• 2 I 1 2 I I 10 9 ERI 2n A 0 N .8 /a ~ ie 6 5 4 3 z I f w. CHRISFIELD DR. MF ~D/ II eANR \ 22 19 15 N \\\ 21 2p 14 . IS l3 28 L' 16 Ir \ 22 23 24 23 26 2T, 26 18 !6 13 14 18 21 29 ~' 2\^-~CeE' I7 13 19 20 S 4 ~ E~ 12 .i 19 ~ I /36 3 30 d 2S ~2 ~ 18 17 ~\ I 10 - y O 16 IO S.p 9 ? 3~ ~ 2 q ' ~ ~` k; I S \ ~` /P 9 8 /cF~~ 8 7 ~ 2 i O2 i 2 (j " O 19-. 18 FE~V/EI., 13 12 I\\; R/ /qN M~ 5 DR, I Ll_C~HIRRCI~.~K I 2 3 Ir le 9~ . ''a to ~~ OR 04 3 2 IS \\ I !• 2 3 4 5 s UR a 5 to T s 13 12 9 w © ~`~ T - 7 6 8 9 10 II g 5 15 14 !~ 12 II Ig 4 , / 10 20 ~F,_LNY D 9 WIlLOW8R00K 2 I ~ ~ 2 ~ a 5 IP 21 3 ~ 20 ~~~ OR. ~ I ! F. ~ 16 15 .4 7 IT 27 4 al ® ~_ 12 it 10 9 8 5 16 23 (p 6~ T 8 a 10 + 12 . 13 40 u U 1"~ 39 ~ 10 I I I2 13 '4 I5 / 24 25 26 E7 2A 29 30 31 32 33 (3 a 5 :a 3~' 38 1 ~~ 8 Y/• 4 319.! I 9 ~~ a ~ 2 ~,. .~ ~. I ~ ? I 8 P~ ~ I 5 J~ ~ ~ ,~ ~~~ 4 ~ lu ~ 9 I I O //3~~ ~ M~ o ~~ R-~ laO/ N r ~~ , ~ 8 •* I, 1 ~S 16 2 O 3 2 I I S; I i~ .\ YC.^ALE~'~ 4 ~ ~ ~ x • ~ ~- 6 t! tl i~ . I I ._. C~ 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 conditional use permit 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 conditional use permitto operate apre-school and day care program. This would be church operated and would use existing church facilities. Amore 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. WILLIAM G. BERG, JR., CITY CLERK • a ~' d 1 a J V 1° c ~ u v ~ J ~~W w~~~ ~ ~ ~, ~ ~. C "' t. aoisva - aau~a Noaao~ ~ - 1 : n ~ Q .r u .. -- 3 ~ '~ ~ ~ , 3, - i ~ 1NHLJeiO'19~H0 B1i9 GSQOd02id ~ .. .. g = ~ ,~ ~ ~ ~ ~ ~ ~ ~ V i ~~ ~ i ZIH11VH7 dIHBLlORI Jl''717~ ,LIf787YL11 0 [ ~ ~ ~ (~ ~ Q ..... Z J [!l l-n'C OOL [OL[• eVOPI •ele9 evea~el euevyew, L1~[ eelelvet~• 7 ~elln6 i:. :................ .. ~ 4 0 ~ u. ~ w ~ u1 ~ 2 a 1 ,- ~ i ~ _. . _ ~' . . I o y, v a ~ (~ ~ ~ ;~ I I I L'Ld _ J ~~ F " ~ _ I i l~ 11 ~ ~ - - I .• ~ ~ ~ ~` ~ i It { i _ i-~- IIII ~ ~--- 1 I - ' , ,1 I ;! f ~ti ~ I Ii ~~.. I I ~~ ~ 1 ~~ ~ _ ~ IlI ;~ . ~ ~ ~ _ ~ ; ~~ il~li~~ ire . t i a ~ ,~ _0 s~l I ~+ ~ ~i( ~, ~ I I1,.~ 1 i ~1_.l_i __ I_~I~~-. ~1----4`~-~----~,--- - --- ~ "- --- ..,~,.. ---- - - '3 niz a gOCxr9~~d s~ 1 ----~--------------- ,.. I ~ M r- ~"1 ~ 1 `t l O I ' I: U 1 1 1 I I 1 I I I ~ ' ~ ~ i ~~ i .. ~ 1 if ! I ' 1 w i ~ ~ ~ ~~ 0 1 1 l 1 ; L. ~ , ; ; . w l ,~ _ -~_ 1 -' __ ~ ~'I i ~ d -1.- ~ ! 1 I 1 I I" V I , ~. • • NOTICE OF HEARING NOTICE 1S 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 conditional use permit 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 prive. The Application requests a conditional use permitto operate apre-school and day care program. This would be church operated and would use existing church facilities. Amore 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. WILLIAM G. BERG, JR., CITY CLERK Meridian City Council June 18, 1996 Page 64 " Morrow: There is plenty of room there for an alternate drain field site. (Inaudible) Gossage: No, we are right where the big trees are and then it is Robertson's kennels. Morrow: I think if I might Mr. Mayor to move along here that this is an issue that staff can handle and that the guidance that they would need from the Council would be that if it is not resolvable with Central District Health than it is okay with us for them to hook onto the sewer our sewer system and to arrange a payment schedule prior to that hook up, that is acceptable to both the City and the applicant. Bentley: Is that a motion? Morrow: So moved Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that staff determine whether they should be on the system or not and if so we will work out a payment schedule for you as they have so determined that, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Gossage: I have a question, is there someone I can meet with and maybe talk further with about this? Morrow: Well I think I would direct you to Public Works Director Smith. Smith: Are we ta'~ing about details of connection or are we talking ~oout details of payment? --- Gossage: Connection. (Inaudible) ITEM #16: DEVELOPMENT AGREEMENT FOR TREASURE VALLEY WORSHIP CENTER: Corrie: You have the development agreement here, is there a representative here? • • Meridian City Council June 18, 1996 Page 65 Slyter: I am Gordon Slyter. Corrie: Council any questions, do you have any questions? Slyter: We are in the process of beginning to seek approval to develop this .piece of ground, we submitted our plans to the building department and they made their way to Shari and she pointed out to me that we did not have in effect a development agreement. So, she drafted this and I looked it over and found that there is one change that will need to be made and I have mentioned it to Shari and gave her a copy of the wording. But that is that the party of the second part myself (inaudible) should read, I can give you the wording now or she will probably be making copies available to you, but it should read Intemational Church of the (inaudible) California Corporation duly represented by myself, Gordon M. Slyter pastor of the Meridian Four Square church which is (inaudible) Treasure Valley Worship Center. Basically I (inaudible) one Board of Directors for the entire United States handles that for the demonination, they are the owners but I am their local representative. (Inaudible) insert a statement saying this agreement shall not be effective until approved by the Board of Directors of the International Church of the Four Square (inaudible) I can sign it but then we would have to forward it to them for their approval. So those are, other than that the development agreement you have before you (inaudible) in fact I already have my signature here on one copy with the notarized affidavit. (Inaudible) I am sure very obvious to you. Number one by my signing this agreement am I committing myself to develop this property regardless or rather am I saying if I develop this property I will do so in accordance with these terms? In other words until I get my demoninations final approval I am not going to develop it. (Inaudible) Crookston: I believe that to state I believe what you want it to state it needs to be typed in the document that your signature is authorized to be signed but that the document is not binding until it is approved by your demonination corporation. It s~~iould be stated right in - the agreement. -- - Slyter: That would probably be covered then by my suggested wording above my signature on page 7 and the wording would be this agreement shall not be effective until approved by the Board of Directors of the Intemational Church of Four Square Gospel, correct? Crookston: Yes Slyter: The second question, once we have complied with all of the stipulations in this agreement does the City release its lein? • • Meridian City Council June 18, 1996 Page 66 Crookston: I didn't know we had a iein. Slyter: What page is that on, page 5, item 15, developer agrees to hereby grants a security interest in the land. Crookston: You are talking about item 15? My note is that needs to be removed from the document, that number 15. Slyter: Great. Crookston: There are a couple other changes that I just marked in. Slyter: Could I ask what those are? Crookston: On page 2, my comment is it really pertains to I assume items 2 and 3, it says my comment is do and state what they are doing. It has been awhile since I have looked at this. I have some things crossed, number 4, some things crossed out in number 3, I agree with 5, 6. There is, on the document that I have there is another five, I have no problem with that. There is a change on number 7. I can certainly give you a copy of this. I have 15 marked out Rountree: You have two number fives? Crookston: In the document that I have the second number 5 is on a separate sheet of paper. Corrie: Maybe we had better have this thing rewritten so they are all on the same page. Stiles: Mr. Mayor, I guess I am curious, you are looking at something that says Treasure Valle}• Worship Center on the bottom of it with the date of dune 14? Crookston: My document says December 1994. Stiles: What precipitated the need for this development agreement to be done now is a building permit application has been submitted. Prior to that building permit being issued this will need to be recorded. Morrow: Needless to say (inaudible) Crookston: I think what I need to do is to review the new agreement. r ~ ~ • • Meridian City Council June 18, 1996 Page 67 Morrow: Mr. Mayor, if I might suggest here this is an issue that having been brought before the Council I am comfortable in allowing or making a motion that the document be written by City Attorney Crookston, subject to negotiation between he and Mr. Slyter and that we authorize the Mayor to sign and the Clerk to attest once that agreement has been reached between those two parties with input from Planning and Zoning Director IVs. Stiles. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: DEPARTMENT REPORTS: Corrie: Shari, you have a couple three, do you want to do the Ballantyne request, it is not on here but they are still here. Stiles: Mayor and Council did you all get copies of this letter with the attached small site plan? I guess rather than going through this myself if Mr. Ballantyne would like to come up and make a presentation regarding the USDA building. Ballantyne: I am Mike Ballantyne, thank you Shari. Mr. Mayor and members of the Council last fall Mr. Jim Balllantyne was approached by Don Northrop who is the gentleman that builds the USDA office buildings and provides buildings on Zang term lease to the USDA to sell a small portion of this 40 acres on Franklin for a USDA office building. At the same time Mr. Ballantyne was in the process of having the property annexed and rezoned and platted to be a 40 acre business park C-G and L-0 zoning. Mr. Ballantyne agreed to sell the property to Northrop as long as Mr. Ballantyne v~uld bear no responsibility if the sell couldn't take place. It was ditermined through the County that we could sell the property, a small lot out of the front of the property because the property was eligible for a one time split through the County and that the R14 zoning albwed a USDA office building through the conditional use process. So Mr. Ballantyne or Mr. Northrop made application to Ada County to have the one time split done and have the conditional use permit issued. At the same time Mr. Ballantyne was taking the property through the entitlement process and had a preliminary plat which showed, let me just give you this real quick. Originally on the Ballantyne Troutner Business Park. The road was going to be located along the west property line of the north edge of the property. This la# it was a real simple one time split that would split this lot off so that Mr. Northrop could build the USDA office building. Unfortunately actually fortunately the road was relocated to the center of the frontage on Franklin in order to accommodate Hoff Building Supply, we didn't want to i • Meridian City Council December 6, 1994 Page 20 Kingsford: I would hope that the Counselor can come up with a cover sheet that is correct at no charge to the City. Corrie: I will move we approve ordinance #679 with the suspension of rules. Yerrington: Second Kingsford: Moved by Bob, second by Max to approve of Ordinance #679 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea MOTION CARRIED: All Yea ITEM #20: CONDITIONAL USE PERMIT FOR TREASURE VALLEY WORSHIP CENTER TABLED AT NOVEMBER 15, 1994 MEETING: Kingsford: Council, have you had time to investigate that? Any questions of staff? Morrow. I guess my only questions would be directed to Gary and Shari, if they have any problems with this proposed conditional use permit? Kingsford: Shari is indicating in the negative, Gary? Morrow: Every thing is fine, in the proper format that needs to be in terms of the application? I have no further questions. Kingsford: Questions of the rest of the Council? Is there a motion then to approve of the conditional use permit? Morrow. So moved Morrow: Point of clarification, we don't need findings on these because they were the same findings for the conditional use as for the rezone. We can just move to approve the conditional use. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the conditional use permit for Treasure Valley Worship Center, roll call vote. r • Meridian City Council December 6, 1994 Page 21 ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea MOTION CARRIED: All Yea ITEM #21: FINAL PLAT: PATRICK SUBDIVISION BY RICK AND JANE PATRICK LOCATED IN MERIDIAN'S AREA OF IMPACT: Kingsford: Does Council have any questions on that? Morrow. I have questions with respect to comments that were given to us by Bruce Freckleton, could you elaborate on your comments there with item #3, the 1993 Comprehensive Plan and the dry line sewer and water mains and how that affects this proposal. Freckleton: I kind of threw that comment out as an item for discussion. It was brought up as policy in the Comp Plan. Smith: Mr. Mayor, Councilman Morrow, Council members, I think the intent for this requirement in the Comprehensive Plan was to see that we had these dry lines installed ahead of development and I think there is a condition that Shari may want to address in terms of future re-subdivision of these large lot plats. In the case of the sewer line we don't really know elevations at this juncture. It would be extremely difficult to install sewer lines in a dry form because we don't have elevations to build to. The ultimate discharge point for the sewer is some distance to the west. There is no alignment that has been determined. That requirement from the Comprehensive Plan I don't believe is workable at this point. The water lines are a different situation because those don't require any particular gradient. Kingsford: Now is this subdivision going to be a community well service anyway, so those lines effectively would be in place, am I correct? Smith: Well, this is a 2 lot subdivision. Kingsford: It is a shared well though right? Smith: I don't know what the water situation is whether there will be an individual well or not. But an individual well could be drilled for each lot if a well does not exist. Morrow. I think his reference in terms of the water lines would be City water lines. Kingsford: Correct, but what I am saying is if a 2 lot subdivision is served by the same well w 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: ~~ • Meridian City Council November 15, 1994 Page 22 Kingsford: At this time I will open the public and invite, Reverend would you like to say anything more or anyone else from the public #hat would like to comment on the conditional use permit for a day care. Seeing none I will close that public hearing. We have findings on that? Crookston: They are the same findings. Kingsford: So we would address the Conditional use permit when we have the zoning ordinance at the next meeting. Crookston: You should adopt the findings as they pertain to the conditional use. Morrow: So moved Corrie: Second Kingsford: Its been moved and seconded to approve the findings of fact and conclusions of law on the conditional use permit, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: We will have that all at the same time at the next Council meeting which will be December 6. ITEM #13: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR LAYNE INDUSTRIAL PARK BY LAYNE OF IDAHO: Kingsford: At this time I will open that public hearing and invite the owner or his designee to speak first. Gary Lee, 250 South Beechwood, Boise, was sworn by the City Attorney. Lee: The application before you this evening is a preliminary plat for Layne Industrial Park Subdivision. It is located on Locust Grove Road about 1/4 mile north of Franklin, north of the existing Locust Grove Industrial Park. There are 18 lots planned on 30 acres, a density of about 1.5 tots per acre in an existing I-L zone which is Light Industrial. The minimum building lot size shown on the preliminary plat is about 40,000 square feet. the structures and the uses for the site will comply with the I-L zoning ordinance and requirements of the city zoning ordinance. All the facilities will be constructed to public MERIDIAN CITY COUNCIL MEETING: November 151994 APPLICANT;TREASURE VALLEY WORSHIP CENTER AGENDA ITEM NUMBER: 12 REQUEST;CONDITIONAL USE PERMIT FOR TREASURE VALLEY WORSHIP CENTER A~,NC~( COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR CITY ATTORNEY: FINDINS OF FACTS AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED' CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION; SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: SEE ATTACHED COMMENTS I US WEST: 1 INTERMOUNTAIN GAS: 1~ (F BUREAU OF RECLAMATION: Y OTHER: „ ~ ~ ~ ~ ~~ HUB OF TREASURE VALLEY • OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA I ~ n S CITY OF MERIDIAN oBERT D. CORR E ear GARY D SM TH P.E. City Eng 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 8 Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAVNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887813 Chairman • Planning & Zoning Pubtic Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM September 9, 1994 TO; MAYOR, COUNCIL, PLANN G & ZONING FROM; Gary D. Smith, PE ' RE; TREASURE VALLEY WORSHIP ER (CUP: Pre-school and Day Care) I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the decision making process: 1. The general required on-site improvements are noted in my comments for this applicants requested zone change. The most restrictive on-site parking requirements for pre-school/day care or the church use will apply to the site development. 2. Sanitary sewer and domestic water assessment fees will be determined for pre-school/day care usage and compared to assessments for the proposed church use. The larger fee will be assessed. ~Op~ BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN PASTOR GORDON SLYTER REZONE AND CONDITIONAL USE PERMIT TREASURE VALLEY WORSHIP CENTER NW CORNER OF MERIDIAN ROAD AND SPICEWOOD DRIVE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing September 13, 1994, at the hour of 7:30 o'clock p.m., Commissioner Rountree stepped down due to potential conflict of interest, the Applicant, Gordon Slyter, Pastor of Treasure Valley Worship Center, appearing, the City Council of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone and the Conditional Use Permit Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 13, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 13, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 TREASURE VALLEY WORSHIP CENTER 2 . That. this property, which includes two ( 2 ) parcels, is located within the City of Meridian and the Applicant is not the owner of record of the property, but the owners of record are E and B Joint Trust (Ed Bews and Burt Smith) which property is described in the application which description is incorporated herein; that the property is now zoned R-4; that Applicant is requesting a rezone of two (2) parcels of land currently zoned R-4 Residential to L-O Limited Office; that the larger parcel of 1 and 1/2 acres will be the proposed church building and parking; that the second parcel of approximately 1 acre in size, will remain undeveloped until phase two of the building project is begun. 3. That the Applicant offers the second parcel, to the south of Spicewood Drive, to be used by the City as a ball field, etc., until such time as the Church may require it; the Applicant also states they may have to enlarge the church facility in the future and that parcel to the south of Spicewood Drive would be used for parking. 4. That the proposed land use would be to build a church, together with parking and playground on the parcel to the north of Spicewood Drive. 5. That the Applicant has submitted a Conditional Use application with the intentions of operating a day care pre-school in the church facilities; that the business plans show operating with 36 children; that the license will be for the maximum of 48 children. 6. That the proposed zoning amendment is consistent with the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 TREASURE VALLEY WORSHIP CENTER Meridian Comprehensive Plan. 7. That a day care center is permitted use in the L-O District under a conditional use permit; the Limited Office Zone requires a conditional use permit for the operation of a day care center caring for thirteen (13 ) or more children, which is the use the application requests; that such use requires a conditional use permit in any zone where allowed. 8. That the L-O District is described in the Zoning Ordinance, 11-2-408 B. 7 as follows: (L-O) LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 9. That the property is presently farm and pasture land and currently vacant. 10. That the use proposed by the Applicant is set forth above, which is to build a church, together with parking and playground and to provide a licensed pre-school day care center for a maximum of 48 children between the ages of 2 1/2 years to older. 11. The City Engineer, Gary Smith, and City Planning and Zoning Administrator, Shari Stiles, City Fire Department, Ada County Highway District, Central District Health Department, and Nampa & Meridian Irrigation District submitted comments regarding FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 TREASURE VALLEY WORSftIP CENTER • the rezone and conditional use request which are incorporated herein as if set forth in full; that the comments by the City Planning and Zoning Administrator, Shari Stiles, are that this project will be a good transitional use from the existing residential; that sewer and water are available but the use may require additional charges or fees. 12. That there was testimony from Tyler Rountree, who is a resident of the area living north of the subject property, objecting to the rezone request; that he bought his lot on the pretense that it was R-4 Residential and would never be commercial property. 13. That the property is~located on Meridian Road and it is designated as an Entryway Corridor in the Comprehensive Plan; the Entryway Corridors Goal Statement in the Comprehensive Plan includes the following statement: 4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 14. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 TREASURE VALLEY WORSHIP CENTER • within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and State. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment or conditional use. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That Section 11-2-416 A. states in part as follows: "When the .public necessity, convenience, general welfare or zoning and development practice require, the Council may amend, supplement, change „ or repeal the regulations, restrictions, and boundaries or classification or property as well as the regulations and provisions of this Ordinance." 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the City Council specifically concludes as follows: (a ) The L-O zoning would be harmonious with and in accordance with the Comprehensive Plan since the property is in an a good location, surrounded by residential with retail FINDINGS OF FACT AND CONCLUSIONS OF LAW Pale 5 TREASURE VALLEY WORSHIP CENTER • across Meridian road. (b) The area included in the proposed zoning amendment is intended to be developed in the fashion that would be allowed under the proposed new zoning. (c) That the property, if designed and used as allowed in the L-O District, would apparently be designed and constructed to be harmonious with the surrounding area, which is developed in the R-4 fashion. (d) The L-O use would not be hazardous to the existing or future uses of the neighborhood. (e) L-O development would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (f) The proposed use would not involve uses, activities, processes materials, equipment or conditions of operation that would be detrimental to any person, property or the general welfare of the area. (g) Development in the L-O district, and particularly as planned by the Applicant, would produce only a minimum traffic increase during the week with the heaviest seen on Sundays. (h) That a rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance. (i) The proposed zoning amendment is in the best interest of City of Meridian. 7. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 8. That 11-2-418(C) of the Revised and Compiled Ordinances FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 TREASURE VALLEY WORSHIP CENTER of the City of Meridian sets forth the standards under which the City shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Commission concludes as follows as to the conditional use to operate a day care within the church: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use would be designed and constructed to be harmonious in appearance with the character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses; that traffic will increase because of the proposed day care center, but due to the drop-off and pick-up being off of Meridian Road and off of Spicewood Drive it should not be a problem. e. The property has sewer and water service already connected. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required and the parking layout in the Application will meet the requirements of the City ordinance due to the change in the parking and pick-up and drop-off area. i. The development and uses will not result in the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page ~ TREASURE VALLEY WORSHIP CENTER destruction, loss or damage of a natural or scenic feature of major importance. 9. It is further concluded that the comments, recommendation and requirements of the City Engineer will have to be met and complied with. 10. That the comments and requirements of the Planning and Zoning Administrator shall be met and complied with; particularly with owners submitting revised consent form indicating indemnification of City of Meridian, submitting day care license from State of Idaho prior to opening and a development agreement. 11. That it is concluded that as a safety measure in the operation of the day care facility that all children shall be dropped or picked up in the parking area of the church and that no children shall be dropped or picked up on Meridian Road or Spicewood Drive. 12. That it is concluded that the L-O, Limited Office, District has been requested so the Applicant could construct a church and operate a day care out of the church and eventually using the parcel south of Spicewood for parking; that some means needs to be taken to make sure that no other use allowed in the L-O District is placed on the property; that a deed restriction on the property would be the best way to restrict the use of the property to church purposes. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page $ TREASURE VALLEY WORSHIP CENTER • • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City Council of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) RECOMMENDATION VOTED VOTED VOTED VOTE VOTED The Meridian Planning and Zoning Commission hereby recommends to the City Council that the Rezone and the Conditional Use Permit requested by the Applicant for the property described in the application be approved with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, and the Uniform Building Code, and other Ordinances of the City of Meridian, including that all parking areas shall be paved and the fence Ordinance shall be met. The conditional use permit shall be subject to annual, or periodic, review upon motion by the City, and all children shall be dropped off and picked up in the parking area of the property and any play FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 TREASURE VALLEY WORSHIP CENTER • area for the children must be fenced at a height to prevent any children entering the roads or leaving the child care facility. MOTION: APPROVED• DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 TREASURE VALLEY WORSHIP CENTER OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Weste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAk YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner S Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning 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 Sz Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Se{~tember 6, 1994 TRANSMITTAL DATE: 8/15/94 HEARING DATE: 9/13/94 REQUEST: Conditional Use Permit BY: Treasure Valley Worship Center LOCATION OF PROPERTY OR PROJECT: NW comer of Meridian Road and Saicewood Drive in Meridian JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z -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 • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 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 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FI L P CITY FILES OTHER: " YOUR CONCISE REMA KS: 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 Chfet W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 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 8 Zoning Administrator j'~~~~~~ J~ JIM JOHNSON I~ ~'/ airman -Planning 8 Zoning ryr AU~~G~~ 1 6 1994 4l l ~~ 'a.r~° ~~.r'yeu°a~ iA 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 8z 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: onditional Use Permit 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, P/Z -CHARLES ROUNTREE, P2 -TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, CIC 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 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES G `~ ` OTHER: D YOUR CONCISE REMARKS: i4 s LOwc to ~' A-/~G. C e ~~ ~s AR~c M .e-f ~,~, ~- • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN CENTRAL •• DISTRICT HEALTH DEPA~ENT Rezone # Conditional Use # G'"' REVIEW SHEET ~~~~~~~~ Environmental Health Division Return to: ^ Boise AUG 2 6 f994 C~~'~ 'ilk" ~~:~,3~if'tf''~ ^ Eagle Preliminary /Final /Short Plat `7~c.~rf ~~~ ~9-/1~-ti G~~rsti~~ C~~~ ^ Garden city ~4eridian ^ Kuna ^ Acz ^ I. We have Objections to this Proposal. ^ 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 ot: ^ high seasonal ground water ^ 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: central sewage ^ community sewage system ^ community water well ^ interim sewage s~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. ^ I I. 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 child care center ^ beverage establishment ^ grocery store 13. SL=~ l~~^'~Cfl`~ D {~.LGO/'9/~~~1,~iT~70NS ~/12 Date ~/ /~ S TlJ/I-~1 t~u~'t'7'~~ ~I/rh/hl.~Kr-~/Llb~1T' Reviewed By. CDND 10/91 rcb, rev. II/93 jll CENTRAL • • • • DISTRICT `s~'~'HEALTH r D E PA R T M E N T MAIN OFFICE • 107 N. ARMSTRONG PL • BOISE, ID. 83704 • (208) 315-5211 • FAX: 321-8500 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 HANDBOOR 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 Sernin9 Valley Elmore, Boise, and Ada Counties Ada I Bass Candy Olllee WIC Base - Meridiat EMae Coutdy OtAcs &nore CouNy Oaks Votlsy Coady 0f8a 707 N. Am>strong Po. 1606 Rccerts 520E 81h Sheet N. of Enveonmentai Health P.D. Bac 14x8 9oisse, ID. •83704 Boise. ID. Mountain Home. ID. 190 S. 4th Sheer E McC~. lD. 83638 Emro. Health: 321-7499 83705 Ph 334J355 83647 Fh. 581.4407 Mountan Hone. ID. Ph. 633-1144 Famdy Plarutinq 321-1400 324 Meridian. ID. 83647 Ph 5819225 knmunaarions: 327.7450 83642 Ph. 888525 Nutrition:327-1460 WIC:327-7488 OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROF'T, Waste Water Suet. KENNY W. BOWERS, Fire Chief W.L. "BILL" GOROON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA ! CITY OF MERIDIAN OBERTO CORRE WALT W. MORROW 33 EAST IDAHO SHARI STILES MERIDIAN, IDAHO 83642 Planner s ZoniPSg'Administrator Phone (208) 888-4433 ~ FAX (208) 887.4813 JIM JOHNSON Chairman • Planning & Zoning Public Works/Building Department (208) 887-2~ (~ ~ ~ ~ p /~ L~ v L~ GRANT P. KINGSFORD Mayor 1 ~ A,UG 1994 NAMPA & MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DE~~~E!<i~ROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8< 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: Conditional Use Permit BY: Treasure Valley Worshia Center LOCATION OF PROPERTY OR PROJECT: NW corner of Meridian Road and Spicewood Drive in Meridian JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOF RONALD TOLSMA, C1C BOB CORRIE, C/C WALT MORROW, C!C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION ~~~~,~'~~~ CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT AUG 3 0 1994 SETTLERS IRRIGATION DISTRICT , IDAHO POWER CO.(PRELIM & FINAL PLAT) ~~ i ~ ~.%• 1~'$T:r1~rl,~lt't'tl U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: All laterals and waste ways must be protected. Municipal surface drainage must be retained on site. If any surface drainage leaves CITY ENGINEER the site, Nampa & Meridian Irrigation District must _CITY PLANNER review drainage plans. It is recommended that irrigation water be made available to all developments within this District. Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting Contact Donna Moore at 343-1884 or 466-7861 for further information. Nampa & Meridian Irrigation District 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 Chlef W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 ~ FAX (208) 887•+3813 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 Planger 6 Zoning Administrator JIM JOHNSON I~ECEIVEI~a~rman • Planning 6 2oninq TAUG }~2~yy2y f994 Ct i ~; ~ll i~~~Yil/,1~ t•ir~ 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 8< 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: Conditional Use Permit BY: Treasure Valley WorshiQ Center LOCATION OF PROPERTY OR PROJECT: NW comer of Meridian Road and Sa?icewood Drive in Meridian JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z 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 ATTnRNFv MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN s Tim Adams ~~ ~.` Idaho Power ~.Iq'~T 322-2047 • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions this ROLL CALL COUNCILMAN MORROW l~f~ day of ~`~y~~~ ~~ , 1994. VOTED VOTED ~ VOTED VOTED ~- VOTE COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) (INITIAL) APPROVED~~t~ DISAPPROVED C'~~ Gti ~~~ ~~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~~~~~~ ~~`e~ ~~~ti~~ ~~~~~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 11.1994 APPLICANT: TREASURE VALLEY WORSHIP CENTER AGENDA ITEM NUMBER: ~ REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR TREASURE VALLEY WORSHIP CENTER FOR CONDITIONAL USE PERMIT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW 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: OTHER: C~Op~ BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN PASTOR GORDON SLYTER REZONE AND CONDITIONAL USE PERMIT TREASURE VALLEY WORSHIP CENTER NW CORNER OF MERIDIAN ROAD AND SPICEWOOD DRIVE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing September 13, 1994, at the hour of 7:30 o'clock p.m., Commissioner Rountree stepped down due to potential conflict of interest, the Applicant, Gordon Slyter, Pastor of Treasure Valley Worship Center, appearing, the City Council of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone and the Conditional Use Permit Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 13, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 13, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 TREASURE VALLEY WORSHIP CENTER • 2. .That this property, which includes two (2) parcels, is located within the City of Meridian and the Applicant is not the owner of record of the property, but the owners of record are E and B Joint Trust (Ed Bews and Burt Smith) which property is described in the application which description is incorporated herein; that the property is now zoned R-4; that Applicant is requesting a rezone of two (2) parcels of land currently zoned R-4 Residential to L-O Limited Office; that the larger parcel of 1 and 1/2 acres will be the proposed church building and parking; that the second parcel of approximately 1 acre in size, will remain undeveloped until phase two of the building project is begun. 3. That the Applicant offers the second parcel, to the south of Spicewood Drive, to be used by the City as a ball field, etc., until such time as the Church may require it; the Applicant also states they may have to enlarge the church facility in the future and that parcel to the south of Spicewood Drive would be used for parking. 4. That the proposed land use would be to build a church, together with parking and playground on the parcel to the north of Spicewood Drive. 5. That the Applicant has submitted a Conditional Use application with the intentions of operating a day care pre-school in the church facilities; that the business plans show operating with 36 children; that the license will be for the maximum of 48 children. 6. That the proposed zoning amendment is consistent with the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 TREASURE VALLEY WORSHIP CENTER ` ', ~ • Meridian Comprehensive Plan. 7. That a day care center is permitted use in the L-O District under a conditional use permit; the Limited Office Zone requires a conditional use permit for the operation of a day care center caring for thirteen (13) or more children, which is the use the application requests; that such use requires a conditional use permit in any zone where allowed. 8. That the L-O District is described in the Zoning Ordinance, 11-2-408 B. 7 as follows: (L-O) LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional', research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 9. That the property is presently farm and pasture land and currently vacant. 10. That the use proposed by the Applicant is set forth above, which is to build a church, together with parking and playground and to provide a licensed pre-school day care center for a maximum of 48 children between the ages of 2 1/2 years to older. 11. The City Engineer, Gary Smith, and City Planning and Zoning Administrator, Shari Stiles, City Fire Department, Ada County Highway District, Central District Health Department, and Nampa & Meridian Irrigation District submitted comments regarding FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 TREASURE VALLEY WORSHIP CENTER s • the rezone and conditional use request which are incorporated herein as if set forth in full; that the comments by the City Planning and Zoning Administrator, Shari Stiles, are that this project will be a good transitional use from the existing residential; that sewer and water are available but the use may require additional charges or fees. 12. That there was testimony from Tyler Rountree, who is a resident of the area living north of the subject property, objecting to the rezone request; that. he bought his lot on the pretense that it was R-4 Residential and would never be commercial property. 13. That the property is located on Meridian Road and it is designated as an Entryway Corridor in the Comprehensive Plan; the Entryway Corridors Goal Statement in the Comprehensive Plan includes the following statement: 4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 14. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 TREASURE VALLEY WORSHIP CENTER • within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and State. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment or conditional use. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That Section 11-2-416 A. states in part as follows: "When the public necessity, convenience, general welfare or zoning and development practice require, the Council may amend, supplement, change „ or repeal the regulations, restrictions, and boundaries or classification or property as well as the regulations and provisions of this Ordinance." 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the City Council specifically concludes as follows: (a ) The L-O zoning would be harmonious with and in accordance with the Comprehensive Plan since the property is in an a good location, surrounded by residential with retail FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 TREASURE VALLEY WORSHIP CENTER • across Meridian road. (b) The area included in the proposed zoning amendment is intended to be developed in the fashion that would be allowed under the proposed new zoning. (c) That the property, if designed and used as allowed in the L-O District, would apparently be designed and constructed to be harmonious with the surrounding area, which is developed in the R-4 fashion. (d) The L-0 use would not be hazardous to the existing or future uses of the neighborhood. (e) L-O development would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (f) The proposed use would not involve uses, activities, processes materials, equipment or conditions of operation that would be detrimental to any person, property or the general welfare of the area. (g) Development in the L-O district, and particularly as planned by the Applicant, would produce only a minimum traffic increase during the week with the heaviest seen on Sundays. (h) That a rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance. (i) The proposed zoning amendment is in the best interest of City of Meridian. 7. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 8. That 11-2-418(C) of the Revised and Compiled Ordinances FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 TREASURE VALLEY WORSHIP CENTER ~ ~ of the City of Meridian sets forth the standards under which the City shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Commission concludes as follows as to the conditional use to operate a day care within the church: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use would be designed and constructed to be harmonious in appearance with the character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses; that traffic will increase because of the proposed day care center, but due to the drop-off and pick-up being off of Meridian Road and off of Spicewood Drive it should not be a problem. e. The property has sewer and water service already connected. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required and the parking layout in the Application will meet the requirements of the City ordinance due to the change in the parking and pick-up and drop-off area. i. The development and uses will not result in the FINDINGS OF FACT AND CONCLUSIONS OF LAW Page ~ TREASURE VALLEY WORSHIP CENTER destruction, lose or damage of a natural or scenic feature of major importance. 9. It is further concluded that the comments, recommendation and requirements of the City Engineer will have to be met and complied with. 10. That the comments and requirements of the Planning and Zoning Administrator shall be met and complied with; particularly with owners submitting revised consent form indicating indemnification of City of Meridian, submitting day care license from State of Idaho prior to opening and a development agreement. 11. That it is concluded that as a safety measure in the operation of the day care facility that all children shall be dropped or picked up in the parking area of the church and that no children shall be dropped or picked up on Meridian Road or Spicewood Drive. 12. That it is concluded that the L-O, Limited Office, District has been requested so the Applicant could construct a church and operate a day care out of the church and eventually using the parcel south of Spicewood for parking; that some means needs to be taken to make sure that no other use allowed in the L-O District is placed on the property; that a deed restriction on the property would be the best way to restrict the use of the property to church purposes. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page $ TREASURE VALLEY WORSHIP CENTER • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City Council of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) RECOI~II~IENDATION VOTED VOTED VOTED VOTE VOTED The Meridian Planning and Zoning Commission hereby recommends to the City Council that the Rezone and the Conditional Use Permit requested by the Applicant for the property described in the application be approved with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, and the Uniform Building Code, and other Ordinances of the City of Meridian, including that all parking areas shall be paved and the fence Ordinance shall be met . The conditional use permit shall be subject to annual, or periodic, review upon motion by the City, and all children shall be dropped off and picked up in the parking area of the property and any play FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 TREASURE VALLEY WORSHIP CENTER C~ • area for the children must be fenced at a height to prevent any children entering the roads or leaving the child care facility. MOTION: APPROVED• DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 TREASURE VALLEY WORSHIP CENTER ~'~" • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G.BERG,JR.,CityClerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. Clty Engineer 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 8 Zoning Administrator W.L. "BILL GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone 208) 888433 • FAX (208) 887813 ( Chairman • Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor 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 Worshia Center LOCATION OF PROPERTY OR PROJECT: NW comer of Meridian Road and Saicewood 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 8t FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES t OTHER: YOUR CONCISE REMARK . I I1, ~ ~ ~Qt~~{ I' t ' i.. 1'~ii.i's.~u~ri C~ • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions this 15th day of November , 1994. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) VOTED "'f VOTED VOTED '`~`~ VOTED- ~ VOTED (INITIAL) APPROVED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Treasure Vallev Worship Center • • Meridian Planning & Zoning Commission September 13, 1994 Page 5 ITEM #3: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR TREASURE VALLEY WORSHIP CENTER: Johnson: I will now open the public hearing. Is there any additional testimony that the applicant would like to make with respect to the Conditional use permit? Is there anyone from the public that would like to address the Commission on the conditional use permit? I will close the public hearing. What would you like to do? Alidjani: I would make a motion that we have the City Attorney draw findings of fact and conclusions of law. Hepper: Second Johnson: Moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law on the conditional use permit for Treasure Valley Worship. Center, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: PUBLIC HEARING: PRELIMINARY PLAT FOR THE HOLLOWS BY BOND CAMPBELL: Johnson: I will now open the public hearing. Hepper: Mr. Chairman I need to step down. (Commissioner Hepper steps down, Commissioner Rountree returns) Van Elg, 1111 South Orchard, Boise, was sworn by the City Attorney. Elg: Mr. Chairman, members of the Commission I am here representing Bond Campbell for the subdivision known as The Hollows. It is located on Ustick just to the west of Locust Grove near Summerfield Subdivision as it is called. I've got a little sketched out drawing here for you to take a peek at. We are in the process of rezoning and developing this property. The zone that we are requesting is for R-4 zoning. However we are developing the entire project with R-3 standards. The minimum lot size here, I don't believe any lot is less than 12,500 square feet. There are 13 lots, we have reviewed the subdivision with Shari Stiles and we have received the comments from Gary Smith and discussed those with him. We do not have any particular concerns with any of those comments as Gary and I have discussed them. We reviewed the application with ACHD to discuss the culdesac and the stub street location here. It has come to our attention this evening that • MERIDIAN PLANNING & ZONING COMMISSION MEETING: September 13.1994 APPLICANT: TREASURE VALLEY WORSHIP CENTER AGENDA ITEM NUMBER: 3 REQUEST: REQUEST FOR CONDITIONAL USE PERMIT 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: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: ~ ~~ IDAHO POWER: SEE ATTACHED COMMENTS US WEST: ~ I INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: