Cole Valley Christian SchoolCUP
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
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In the Matter ofà-Requ~t for a Conditional Use Permit for the addition of a gymnasium
and commons area to an --existing junior/senior high school for Cole Valley Christian
School, in the L-O Zone, by CT A Architects Engineers.
Case No(s).-CUP-05-021
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~/- For the City Council Hearing Date of: June 21, 2005
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A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
b.
The matter was duly considered by the City Council at the June 21,2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
Written and oral testimony was received on this matter, as reflected in the records
ofthe City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation for approval to the City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
2.
a.
Process Facts
There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
Application and Property Facts
3.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).CUP-O5-021 - PAGE 1 of4
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings is Cole Community Church, Inc.
4. Required Findings per Zoning and Subdivision Ordinance
a.
a.
See Exhibit D for the findings required for the application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6,2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated
March 14, 2005 as shown in Exhibit B and the Conditions of Approval in Exhibit C.
The conditions are concluded to be reasonable and the applicant shall meet such
requirements as a condition of approval ofthe application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's CUP Site Plan is hereby conditionally approved; and
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).CUP-OS-O21 - PAGE 2 of 4
2. The site specific and standard conditions of approval are as shown in Exhibit C.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.B.)
E.
Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Exhibits
Exhibit A:
Legal Description
Approved Site Plan March 14, 2005
Exhibit B:
Exhibit C:
Final Conditions of Approval
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).CUP-OS-O21 - PAGE 3 of 4
Exhibit D: Conditional Use Permit Findings
By action ofthe City Council at its regular meeting held on the
éT~ ,2005.
2/ SI;? day of
COUNCIL MEMBER SHAUN WARDLE
VOTED ~ "-
VOTED ~P..-
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED $p\..-
VOTED~
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED -
Attest:
and City Attorney.
Dated:---.lJ - ~ 8' -(h
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).CUP-OS-O21 - PAGE 4 of 4
EXHIBIT A
Cole Valley Christian School
CUP-05-021
Legal Description
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EXHIBIT B
Cole Valley Christian School
CUP-05-021
Approved Site Plan
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CHRISTIAN SCHOOL
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EXHIBIT C
Cole Valley Christian School
CUP-05-021
Conditions of Approval
SITE SPECIFIC CONDITIONS OF APPROVAL
1.
The building and site improvements shall be constructed per the approved plans
with all modifications required by this application.
2.
The variance submitted by the applicant for a reduction in the number of required
parking spaces (VAR-O5-007) must be approved by the City Council prior to
issuance of this Conditional Use Permit. The Variance application will be heard
concurrently with this application by City Council.
3.
The applicant shall be required, prior to CZC approval, to coordinate with the
Meridian Planning and Zoning Department to obtain Alternative Compliance
approval for the required land use buffer on the north boundary of the property.
4.
The applicant shall revise the plans to add planter islands which meet the
requirements of Meridian City Code to eliminate any instances of more than
twelve (12) spaces in a row in the following locations: on the north end of the
parking lot; adjacent to the proposed gymnasium; and adjacent to N.E. 2 Y2 Street.
5.
A drainage plan designed by a State of Idaho licensed architect or engineer is
required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all
off-street parking areas. Storm water treatment and disposal must be designed in
accordance with Department of Environmental Quality 1997 publication Catalog
of Storm Water Best Management Practices for Idaho Cities and Counties and
City of Meridian standards and policies. Off-site disposal into surface water is
prohibited unless the jurisdiction which has authority over the receiving stream
provides written authorization prior to development plan approval. The applicant
is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding Shallow Injection Wells.
6.
Sanitary sewer and water service are readily available to this site. The applicant
shall be responsible to construct any mains necessary to serve this development.
The applicants engineer to coordinate main sizing and routing with the Public
Works Department. Applicant shall execute City of Meridian standard forms of
easements, for any mains that are required to provide service. Cover over sanitary
sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If
cover is less than 3-feet from sub-grade to top of pipe, alternate pipe materials
shall be used per the Meridian Public Works Department's Standard
Specifications.
STANDARD CONDITIONS OF APPROVAL
1.
Meridian City Code requires that this site be served with an automatic
underground irrigation system. Use of non-potable irrigation water is required
when determined to be available by the City Public Works Department as
regulated by City Ordinance 9-1-28.
2.
This conditional use permit shall be subject to the expiration provisions set forth
in MCC 11-17-4.B.
3.
All standard parking stalls shall be at least 9 feet wide and 19 feet long and all
compact stalls shall be at least 7 Y2 feet wide and 15 feet long per Ordinance 11-
13-4.F. All drive aisles shall be at least 25 feet wide.
4.
All parking areas and drive aisles shall be paved for all uses, in compliance with
the submitted plans. Handicap parking spaces shall be signed and striped in
compliance with Federal accessibility guidelines.
5.
All exterior lighting, whether attached to the building or located within the
parking lot, shall be down-shielded or otherwise altered so that the light does not
spill over onto adjacent properties or right-of-way. All parking lot lighting shall
be in accordance with Ordinance 11-13-4c.
6.
All signage shall be in accordance with the standards set forth in this report and
Section 11-14 of the City Zoning and Development Ordinance. All signage shall
require separate sign permit(s).
7.
All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
8.
Certificate of Occupancy: All required improvements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development. A temporary
Certificate of Occupancy may be obtained by providing surety to the City in the
form of a letter of credit or cash in the amount of 110% of the cost of the required
improvements (including paving, striping, landscaping, and irrigation). A bid
must accompany any request for temporary occupancy.
9.
Street signs are to be in place, water system shall be approved and activated,
fencing shall be installed, drainage lots constructed, road base shall be approved
by the Ada County Highway District, and the Final Plat for this subdivision shall
be recorded, prior to applying for building permits.
10.
A letter of credit or cash surety in the amount of 110% will be required for all
uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary
sewer, water, etc., prior to signature on the final plat.
20.
11.
All development improvements, including but not limited to sewer, fencing,
micro-paths, pressurized irrigation and landscaping shall be installed and
approved prior to obtaining certificates of occupancy.
12.
Applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior
to signature on the final plat per Resolution 02-374.
13.
It shall be the responsibility of the applicant to ensure that all development
features comply with the Americans with Disabilities Act and the Fair Housing
Act.
14.
Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency.
15.
Applicant shall be responsible for application and compliance with any Section
404 Permitting that may be required by the Army Corps of Engineers.
16.
All grading of the site shall be performed in conformance with MCC 11-12-3H.
17.
Compaction test results shall be submitted to the Meridian Building Department
for all building pads receiving engineered backfill, where footing would sit atop
fill material.
18.
Any existing domestic wells and/or septic systems within this project shall be
removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8.
Wells may be used for non-domestic purposes such as landscape irrigation.
19.
All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by
the appropriate irrigation/drainage district, or lateral users association (ditch
owners), with written approval or non-approval submitted to the Public Works
Department. If lateral users association approval can't be obtained, plans shall be
reviewed and approved by the meridian City Engineer prior to final plat signature.
Please submit all updated groundwater/soils monitoring data to the Public Works
Department for review. Any drainage areas (detention/retention basins) must be
designed to ensure that water is retained only during 1O0-year storm events, and
for a period of time not to exceed 24 hours. Side slopes within drainage areas
shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass
seed (or other approved landscaping) shall not count towards the required open
space area. The project engineer should pay close attention to the results of field
studies determining the groundwater, soil type and characteristics during the
design and construction phases
21.
One hundred watt, high-pressure sodium streetlights shall be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire
hydrants. Final design locations and quantity are determined after power designs
are completed by Idaho Power Company. The street light contractor shall obtain
design and permit from the Public Works Department prior to commencing
installations.
22.
Applicant's engineer shall be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three
feet above the highest established normal groundwater elevation.
OTHER AGENCY COMMENTS
Fire Deoartment Comment:
1. Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on corners when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC
Section 509.5.
3. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
4. Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site.
5. Commercial and office occupancies will require a fire-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed per Appendix D.
6. The 1 office/commercial lots lot will have an unknown transient population and will
have an unknown impact on Meridian Fire Department call volumes. The Meridian
Fire Department has experienced 2612 responses in the year 2004. According to a
report completed by Fire & Emergency Services Consulting Group our requests for
service are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
7. Maintain a separation of5' from the building to the dumpster enclosure.
8. Provide a Knoxbox entry system for the complex prior to occupancy
9. All aspects of the building systems (including exiting systems), processes & storage
practices shall be required to comply with the International Fire Code.
10. Provide exterior egress lighting as required by the International Building & Fire
Codes.
11. Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official. For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or 903.3 .1.2 the
distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the
distance requirement shall be 600 feet (183 m).
12. There shall be a fire hydrant within 100' of all fire department connections.
Sanitary Services Comment:
1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application.
Police Department Comment:
1. No comment received from the Police Department.
Parks Department Comment:
I. The Parks Department has no concerns with the site design as submitted with the
application.
EXHIBIT D
Cole Valley Christian School
CUP-05-021
Required Findings
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of
each proposed conditional use in terms of the following, and may approve a
conditional use permit if they shall t"md evidence presented at the hearing(s) is
adequate to establish (11-17-3):
A.
That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by
this ordinance;
Parking: The applicant has submitted a Variance application for a reduction in
the number of required parking spaces (VAR-O5-007). The junior high school
requires two (2) parking spaces per classroom for a total of twenty-eight spaces
(14 classrooms) and the senior high school requires ten (10) parking spaces per
classroom, for a total of one-hundred and thirty (13 classrooms). The proposed
1,200 seat gymnasium requires one (1) parking space per ten seats, for a total of
one-hundred and twenty (120) spaces. These requirements add up to a total of
two-hundred and seventy-eight (278) required parking spaces and the applicant
has provided one-hundred and forty-three (143) on-site spaces and twenty-eight
(28) curb-side spaces (total of 171 spaces). The applicant has indicated in their
application materials that "the proposed gymnasium would not be used during
regular school hours other than students already accounted for in the above
calculation. Sports activities and events held in the gymnasium would be
scheduled for after regular school hours, thus eliminating the need to account for
the 120 parking stalls." If a Variance is approved for the project, Ci finds that the
project will meet the requirements of Meridian City Code.
Landscaping: Meridian City Code 12-13-11-3(B) requires that no linear grouping
of parking spaces shall exceed twelve (12) in a row, without an internal planter
island. The submitted site and landscape plans depict more than twelve (12)
spaces in a row in the following locations: on the north end of the parking lot,
directly adjacent to the gymnasium and adjacent to N.E. 2 Y2 Street. The applicant
shall revise the plans to add planter islands which meet the requirements of
Meridian City Code and eliminate any instances of more than twelve (12) spaces
in a row.
Meridian City Code requires a twenty foot (20') land use buffer between junior or
senior high schools and single-family residences. The applicant has not provided
a buffer of sufficient width on the north property line which borders existing
D.
single-family residences. Meridian City Code 12-13-18 allows for an applicant to
request "Alternative Compliance" when specific provisions of the Landscape
Ordinance cannot be met due to site constraints or other factors. The applicant
must submit a written request to the Planning and Zoning Department which
states: 1. the ordinance requirements which are proposed to be modified; 2. the
project conditions which justify the proposed alternative; and 3. how the proposed
alternative meets or exceeds the intent of said requirement.
A.
That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
The Comprehensive Plan Land Use Map designates the property as "Old Town",
however it is currently zoned L-O. Ordinance 11-8-1, Schedule of Use Control,
allows for public and private schools through the conditional use process in the L-
0 zone. City Council finds that although the current zoning is L-O, the requested
use is consistent with intended uses in the Comprehensive Plan for the "Old
Town" area. City Council further finds that if the project is approved as a CUP it
will be in compliance with the MCC.
B.
That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the essential character of the same area;
The surrounding properties vary greatly and include single family residences, a
funeral home, a coffee shop, offices, and a church. The "Old Town"
Comprehensive Plan designation is intended as mixed use area. Therefore, City
Council finds that the proposed development will not adversely change the
existing or intended character of the general vicinity. Staff finds the design
concept to be compatible with the intended character of the area.
c.
That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
City Council finds that the proposed development will not have an adverse impact
on the surrounding property.
That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fIre protection, drainage
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
The project proposes vehicular access from N.E. 2 Y2 Street. Water and sanitary
sewer service to the project is readily available to the site via mains installed
adjacent to the property.
E.
That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
The applicant will finance the extension of sewer, water, utilities and pressurized
irrigation to serve the project. The primary public costs to serve the future project
will be fire and police services. City Council finds there will not be excessive
additional requirements at public cost and that the proposed use will not be
detrimental to the community's economic welfare.
F.
That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
Traffic congestion is an ongoing issue for downtown, the resolution of which is
beyond the scope of this project. City Council finds that the additional traffic
created by a revised building should not be excessive and staff also finds that no
smoke, fumes, glare or odors will result from the proposed use.
G.
That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
As discussed above, vehicular approaches are proposed from N .E. 2 Y2 Street.
Staff finds that the proposed use will not create significant interference with
traffic on the surrounding public streets. Please refer to ACHD comments for
additional detail on this issue.
H.
That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
City Council finds that this proposal will not result in the destruction, loss, or
damage of a natural, scenic, or historic feature considered to be of major
importance.