HomeMy WebLinkAboutCity Clerk ChecklistCITY CLERK FILE CHECKLIST
Project Name: Treasure Valley Technical Center File No.
Contact Name: Shawn Nickel
Date Received from Planning and Zoning Department:
Planning and Zoning Level:
❑ Transmittals to agencies and others:
❑ Notice to newspaper with publish dates:
❑ Certifieds to property owners:
Phone: 908-4398
Hearing Date:
•- @
February 27, 2008
and
❑ Planning and Zoning Commission Recommendation: ❑ Approve ❑ Deny
Notes:
City Council Level:
x❑ Transmittals to agencies and others:
❑ Notice to newspaper with publish dates:
❑ Certifieds to property owners:
❑ City Council Action:
Hearing Date: March 18, 2008
February 27, 2008
03/03/08 and
❑ Approve ❑ Deny
03/ 10/08
❑ Findings / Conclusions / Order received from attorney on:
Findings / Conclusions / Order:
lit—1 m:
Cert Minulabook
❑
Approved by Council:
Onginal Res/Copy
COPY Res/COPY Cert City Clark
CN Engine,
City Planner
❑
Copies Disbursed:
Ciry A.—Y
srarengC°°hers
Pra;a� F,la
El Findings Recorded
Deputy Clan,
°opYRe /OignalCert
A� CounN
Development Agreement:
(CPAs)
Popllcdnl (non -CPAs)
R,,nal Mini k
original Mmmabook
Sent for signatures:
❑
Copies to Ciry Clan,
srore'a.°°^'^'
Srote Treasirer, AUA�or, Assegor
Signed by all parties:
❑
Sterling Coroliers
CiArt°mey
Ciry En9�neer
Approved b Council:
pp Y
City Planner
(it
i-mill
Recorded:
❑
PoPlicant appi,
Deputy Clerk
rde-
F' _l M°lab
Original: Min�teb°ok
Copies Disbursed:
❑
" Copies to Poplicant
Pth
Ciry Enginee er
City Planner
Ordinance No. Resolution No.
City Ar—ey
Cepur Clark
❑ Approved by Council:
"R—d Va<atlon iiii s"
RK°r°''°e`al°'°"°`A°r°°°a°�
Onginal:Firaprool File
❑ Recorded: Deadline: 10 days
copies to Aypucanr
�,,E�r 9ifiea
Published in newspaper:
❑
CPlanner
CiNArtemey
oePuN Cie
❑ Copies Disbursed:
Notes:
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TRANSMITTALS TO AGENCIES FOR COMMENTS ON
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
To insure that your comments and recommendations will be considered by
the Meridian City Council please submit your
comments and recommendations to Meridian City Hall
Attn: Jaycee Holman, City Clerk, by:
Transmittal Date: february 27, 2008
Hearing Date: March 18, 2008
March 11, 2008
File No.: AP 08-001
Request: Public Hearing- City Council Review of an Appeal of the Planning Director's Determination
to deny an application to modify a Conditional Use Permit for a Planned Development to allow a
private education institution within an I-L zone for Treasure Valley Technical Center
By: Metro Commercial Properties
Location of Property or Project: 1250 W. Overland Road
Joe Marshall (No FP)
David Moe (No FP)
Wendy Newton-Huckabay (No FP)
Michael Rohm (No FP)
Tom O'Brien (No FP)
Tammy de Weerd, Mayor
Charlie Rountree, C/C
Joe Borton, C/C
Keith Bird, C/C
David Zaremba C/C
Water Department
Sewer Department
Sanitary Services (No VAR, VAC, FP)
Building Department / Rich Greene
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Economic Dev. (CUP only)
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Office (FP/PP/SHP only)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Irrig. District
Settlers Irrig. District
Idaho Power Co. (FP,PP,CUP/SHP only)
Qwest (FP/PP/SHP only)
Intermountain Gas (FP/PP/SHP only)
Bureau of Reclamation (FP/PP/SHP only)
Idaho Transportation Dept. (No FP)
Ada County Ass. Land Records
Downtown Projects:
Meridian Development Corp.
Historical Preservation Comm.
South of RR / SW Meridian:
NW Pipeline
New York Irrigation District
Boise-Kuna Irrigation District
City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642
Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org
�4E
IU"1AN,_17_0%1
TRANSMITTALS TO AGENCIES FOR COMMENTS ON
DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN
MayorTammy,(de �61eerd
City Council Members:
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
To insure that your comments and recommendations will be considered by
the Meridian City Council please submit your
comments and recommendations to Meridian City Hall
Attn: Jaycee Holman, City Clerk, by: March 11, 2008
Transmittal Date: February 27, 2008 File No.: AP 08-001
Hearing Date: March 18, 2008
Request: Public Hearing- City Council Review of an Appeal of the Planning Director's Determination
to deny an application to modify a Conditional Use Permit for a Planned Development to allow a
private education institution within an I-L zone for Treasure Valley Technical Center
By: Metro Commercial Properties
Location of Property or Project: 1250 W. Overland Road
Joe Marshall (No FP)
David Moe (No FP)
Wendy Newton-Huckabay (No FP)
Michael Rohm (No FP)
Tom O'Brien (No FP)
Tammy de Weerd, Mayor
Charlie Rountree, C/C
Joe Borton, C/C
Keith Bird, C/C
David Zaremba C/C
Water Department
Sewer Department
Sanitary Services (No VAR, VAC, FP)
Building Department / Rich Greene
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Economic Dev. (CUP only)
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Office (FP/PP/SHP only)
�-��Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Irrig. District
Settlers Irrig. District
Idaho Power Co. (FP,PP,CUP/SHP only)
Qwest (FP/PP/SHP only)
Intermountain Gas (FP/PP/SHP only)
Bureau of Reclamation (FP/PP/SHP only)
Idaho Transportation Dept. (No FP)
Ada County Ass. Land Records
Downtown Projects:
Meridian Development Corp.
Historical Preservation Comm.
South of RR / SW Meridian:
NW Pipeline
New York Irrigation District
Boise-Kuna Irrigation District
City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642
Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org
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IDAHO
t fi
y
Planning Department
COMMISSION & COUNCIL REVIEW APPLICATION
Type of Review Requested (check all that apply)
❑ Annexation and Zoning
❑ Comprehensive Plan Map Amendment
❑ Comprehensive Plan Text Amendment
❑ Conditional Use Permit
❑ Conditional Use Permit Modification
❑ Final Plat
❑ Final Plat Modification
❑ Planned Unit Development
❑ Preliminary Plat
❑ Rezone
❑ Time Extension (Commission or Council)
❑ UDC Text Amendment
❑ Vacation (Council)
❑ Variance
® Other — Appeal of Directors Decision
Applicant Information
Applicant name: Metro Commercial Properties Phone: 602-452-2570
Applicant address: 1500 N. Priest Drive Suite 132 Tempe, AZ 85281 Zip: 83642
Applicant's interest in property: ❑ Own ❑ Rent ® Optioned ❑ Other
Owner name: DBSI Meridian I84, LLC
STAFF USE ONLY:
File number(s): AP - (.� 0 " cc I
Project name: -TrtcL50j,.
Date filed:2_Z�-O?) Date complete: 2-a
AssignedPlanner:(Gleb 14ofp
Related files:
Hearing date: 1A p� o Commission Y' Council
Phone: _
Owner address: 12426 W. Explorer Drive Boise, Idaho Zip: 83713
Agent name (e.g., architect, engineer, developer, representative): Shawn L. Nickel
Firm name: Rose Law Group Borton
Phone: 208.908-4398
Address: 6223 N. Discovery Way, Suite 200, Boise, Idaho Zip. 83713
Primary contact is: ❑ Applicant ❑ Owner ® Agent ❑ Other
Contact name: Shawn L. Nickel
Phone: 208.908-4398
E-mail: snickel@roselawgroup.com
Fax: 208.658-2371
Subject Property Information
Location/street address: 1250 W. Overland Road
Assessor's parcel number(s): S1213346700
Township, range, section: T.3N R.1 W Sect. 13 Total acreage: 26.35
Current land use: Vacant Current zoning district: I-L
660 E. Watertower Lane, Suite 202 v Meridian, Idaho 83642
Phone: (208) 884-5533 9Facsimile: (208) 888-6854 sWebsite: www.meridiancily org
1
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Project Description
Project/subdivision name: Kennedy Commercial Center
General description of proposed project/request: Submittal of Modification to Conditional Use Permit (CUP-01-
009) Planned Development to allow a 35,000 square foot Adult Education and Office Facility as an allowed use.
Proposed zoning district(s): I-L
Acres of each zone proposed:
Type of use proposed (check all that apply):
❑ Residential ❑ Commercial ❑ Office ® Industrial m Other Research and Development
Amenities provided with this development (if applicable): N/A
Who will own & maintain the pressurized irrigation system in this development? TBD
Which irrigation district does this property lie within? Nampa Meridian Irrigation District
Primary irrigation source: PI System Secondary: City of Meridian
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): TBD
Residential Project Summary (if applicable) N/A
Number of residential units: Number of building lots:
Number of common and/or other lots:
Proposed number of dwelling units (for multi -family developments only):
1 Bedroom:
Minimum square footage of structure(s) (excl. garage):
Minimum property size (s.f):
Gross density (DU/acre-total land): _
Percentage of open space provided:
2 or more Bedrooms:
Proposed building height:
Average property size (s.f):
Net density (DU/acre-excluding roads & alleys):
Acreage of open space:
Percentage of useable open space: (See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc):
Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family (Condominiums)
Non-residential Project Summary (if applicable)
Number of building lots: I Other lots:
Gross floor area proposed: 35,000
Hours of operation (days and hours):
Percentage of site/project devoted to the following:
Landscaping: Building:
Total n b f
Existing (if applicable):
Building height:
Paving:
um er o employees: Maximum number of employees at any one time:
Number and ages of students/children (if applicable):
Seating capacity:
Total number of parking spaces provided:
Number of compact spaces provided:
Authorization
Print applicant name: Metro
Applicant signature:
660 E. Watertower Lane, Suite 202 9 Meridian, Idaho 8364Date:—O Qy
Phone: (208) 884-5533 9Facsimile: (208) 888-6854 9 Website: www.meridiancity ore
2
S EILAW GROUP
B RTON
February 25, 2008
Honorable Mayor and City Council
City of Meridian
33 E. Idaho Ave
Meridian, Idaho 83642
`-' SHAWN L. NICKEL
Principal Land Use Planner
6223 N. Discovery Way, Suite 200
Boise, ID 83713
Phone 208.323.5393
Fax 208.658.2371
snickel@roselawgroup.com
www.roselawgroup.com
RE: Appeal of Director's Denial of Acceptance of Modification to CUP-01-009
Conditional Use Permit and Development Agreement for Treasure Valley Technical
Center — Justification Letter
Dear Mayor and Council;
As representative for Metro Commercial Properties, please accept this request to appeal a
director's decision denying acceptance of an application for modification to CUP-01-009
Conditional Use Permit for Planned Development to Include Office, Retail and Industrial Uses in
an I-L Zone. The property is located adjacent to I-84, northwest of the intersection of Stoddard
and Overland Road in Meridian, Idaho. The original Conditional Use Permit was approved by
the City in 2001, with associated Findings of Fact and Conclusions of Law approved for the
CUP/Planned Development. The requested modification would recognize, as an allowed use in
the Planned Development, a private adult education facility (private school). On February 25,
2008, a letter was received by the applicant denying acceptance of the application. By this
appeal, we are only asking that our application be accepted and processed for a future public
hearing before Planning and Zoning. City Council is not being asked to decide the contents of
the application.
Finding of Fact #8 of Conditional Use Permit CUP-01-009 states that "the proposed application
requests a conditional use permit for Planned Development to include office, retail and
industrial for proposed Treasure Valley Technical Center. The I-L zoning designation within the
City of Meridian Zoning and Development Ordinance requires a conditional use permit be
obtained for most uses including those requested by the Applicant." Further, Finding of Fact #
12.12 states that "the entire site is located within the I-L Zone;, and the following uses shall be
limited uses in the I-L zone with a conditional use permit, along with anv of the allowed I L uses as part of the Planned Development: 1. Daycare center; 2. Professional and sales offices;
3.
Community and neighborhood shopping center ". In 2001, at the time that this Conditional Use
Permit was approved, private schools were an allowed use within the industrial (I) zone. This is
evident in the attached table (11-8-1) from the Meridian Zoning Ordinance that predates the
current Unified Development Code.
Through the Planned Development process (PD-I), uses that were normally not listed as allowed
uses in the Industrial Zone (i.e. childcare centers, professional and sales offices, and community
and neighborhood shopping centers) were allowed as "exceptions from the district regulations
governing use density, area, bulk, parking, signs, and other regulations as may be desirable to
achieve the objectives of the proposed PD, provided such exceptions are consistent with the
standards and criteria contained in this Chapter." (Section 12-6-5 of the Meridian Zoning
Ordinance)
Currently, the applicant's desire to develop a private adult education and office facility within
the previously mentioned development has been met with some resistance, as the use is not a
listed, allowed use under the allowances for the I-L zone within the Unified Development Code.
The fact that private schools were an allowed use in 2001, and because the original Finding of
Fact 12.12 recognized "any of the allowed I-L uses" as part of the Conditional Use Permit, the
original intent of the Planned Development is being followed. For these reasons, the applicant
respectfully request that the following modification to CUP 01-009 be approved. Specifically, it
is requested that Condition 12.12 within the Findings of Fact and Conclusions of Law be revised
to include, as a listed limited use, #4 Private Schools.
The applicant believes that the original intent of the Planned Development is being met with the
proposed private adult education facility. Thank you for your consideration of this request. We
believe that this change will result in the ability to locate a use in this area that meets the original
vision for the property, and promotes the continued advancement of education for residents of
the City of Meridian and the entire Treasure Valley.
Please contact me with any questions you may have.
Sincerely,
,,::: f� -/, X. - � �
Shawn L. Nickel
Representing Metro Commercial Properties
Attachments
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR PLANNED
DEVELOPMENT TO INCLUDE
OFFICE, RETAIL AND
INDUSTRIAL USES FOR THE
PROPOSED TREASURE
VALLEY TECHNICAL CENTER,
IN AN I-L ZONE, LOCATED
ADJACENT TO I-84,
NORTHWEST OF THE
INTERSECTION OF
STODDARD AND OVERLAND
ROAD, MERIDIAN, IDAHO
MERIDIAN FREEWAY
ASSOCIATES/DBSI
INDUSTRIAL LIMITED
PARTNERSHIP,
APPLICANT
C/C 05-01-01
Revised 06/22/01
Case No. CUP-0I -009
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL
USE PERMIT
The above entitled conditional use permit application having come
before the City Council on May 1, 2001, at the hour of 6:30 p.m., at Meridian City
Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning
Administrator, appeared and testified, and appearing on behalf of the Applicant was
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 1
Tim Terry, and no one appeared in opposition, and the City Council having duly
considered the evidence and the record in this matter and the Recommendations to
City Council issued by the Planning and Zoning Commission who conducted a public
hearing and the Council having heard and taken oral and written testimony, and
having duly considered the matter, the City Council hereby makes the following
Findings of Fact, Conclusions of Law and Decision and Order to -wit:
FINDINGS OF FACT
I . A notice of a public hearing on the conditional use permit was published
for two (2) consecutive weeks prior to the said public hearing scheduled for May 1,
2001, before the City Council, the first publication appearing and written notice
having been mailed to property owners or purchasers of record within three hundred
feet (300') of the external boundaries of the property under consideration more than
fifteen (15) days prior to said hearing and with the notice of public hearing having
been posted upon the property under consideration more than one week before said
hearing and the copies of all notices were made available to newspaper,
radio and
television stations as public service announcements; and the matter having been duly
considered by the City Council at the May 1, 2001, public hearing; and the
applicant, affected property owners, and government subdivisions providing services
within the planning jurisdiction of the City of Meridian, having been given full
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 2
opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 1 I-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.
3. This proposed development request is in an I-L zone and by reason of
the provisions of the Meridian City Code §
before the City Council on this application.
11-17-4, a public hearing was required
4. The property is located adjacent to I-84, northwest of the intersection of
Stoddard and Overland Road, Meridian, Idaho.
5. The owner of record of the subject property is Meridian Freeway
Associates/DBSI Industrial Limited Partnership of Meridian, Idaho.
6. AppIicant is owner of record.
7. The subject property is currently zoned I-L. The zoning district of I-L is
defined within the City of Meridian Zoning and Development Ordinance, Section
1 I -7-2.
8. The proposed application requests a conditional use permit for Planned
Development to include office, retail and industrial for proposed Treasure Valley
Technical Center. The I-L zoning designation within the City of Meridian Zoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITION
AL USE PERMIT - 3
and Development Ordinance requires a conditional use permit be obtained for most
uses including those requested by the Applicant. (Meridian City Zoning and
Development Ordinance, Section 11.8.1).
9• The Meridian City Council recognizes that the proposed application is
in compliance with the Meridian Comprehensive PIan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles I I and 12, Meridian
City Code and all current zoning maps thereof and the Comprehensive Plan of the
City of Meridian, and Maps and the Ordinance establishing the Impact Area
Boundary.
12. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
imposed and the following is also found to be required to mitigate the effects of the
Proposed use and development upon services delivered by political subdivisions
providing services to the subject real property within the planning jurisdiction of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW ,AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 4
City of Meridian subject to the following:
Adopt the Recommendations of the Planning and Zoning and Engineering
Staff as follows:
12.1 Off-street parking shall be provided in accordance with Section 11.13 of
the City of Meridian Zoning and Development Ordinance and/or as
detailed in site -specific requirements.
12.2 Paving and striping shall be in accordance with the standards set forth
in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning
and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
12.3 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer per
City Ordinance 11-13-4.B.4 for all off-street parking areas. All site
drainage shall be contained and disposed of on -site.
12.4 Outside Iighting shall be designed and placed so as to not direct
illumination on any nearby residential areas and in accordance with
City Ordinance Section 11-13-4.C.
12.5 Any existing domestic wells and/or septic systems within this project
shall have to be removed from their 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.
12.6 All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. Plans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department.
12.7 Provide landscaping in accordance with the Landscaping Ordinance,
Title 12, Chapter 13.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 5 .
12.8 All trash and/or garbage collection areas shall be enclosed on at least
three (3) sides in accordance with City Ordinance Section 11-12-1.C.
The applicant shall coordinate trash enclosure locations and
construction requirements with Sanitary Service Company (SSC) and
provide a letter of approval or plans stamped by SSC to the Planning&
Zoning Department when applying for a Certificate of Zo
Compliance. ning
12.9 Provide five -foot -wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
12.10 All signage shall be in accordance with the standards set forth in Title
11, Chapter 14 of the City Zoning and Development Ordinance.
12.11 All construction shall conform to the requirements of the Americans
with Disabilities Act.
12.12 The entire site is located within the I-L Zone;, and the following uses
shall be limited uses in the I-L zone with a conditional use permit, along
with any of the allowed I-L uses, as part of the Planned Development:
1. Daycare center
2. Professional and sales offices
3 • Community and neighborhood shopping center
`The Meridian City Code allows for modifications of district
regulations, including such exceptions pertaining to the district
regulations governing use (12-6-5), when the modification is desirable to
achieve the objectives of the Planned Development.
12.13 Prior to construction of the Western Electronics building, an agreement
was made with ACHD concerning the acquisition of the right-of-way on
curb, gutter or sidewalk along Overland Road andOverland Road. No right -of -way was acquired for the installation of
, as depicted on the
submitted site plan, there is currently no curb or gutter. A five -foot -wide
detached sidewalk has been installed along Overland in front of the
Western Electronics development as agreed to by the Developer and
ACHD. The right-of-way acquisition on Overland for the Western
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
ORDER GRANTING CONDITIONAL USE PERMIT - 6 AND
Electronics development has been deferred until an improvement project
is in design. There is no current improvement project in design at this
time to improve Overland Road west of Stoddard Road. The Applicant
shall install a five -foot -wide detached sidewalk along the full length of
the planned development, adjacent to Overland Road in line with the
existing sidewalk, and the Applicant shall provide documentation from
ACHD addressing the resolution of the right-of-way issues prior to
issuance of a building permit.
12.14 The existing Western Electronics facility is served by a privately owned
and maintained sewage lift station that discharges to a City of Meridian
sewer main in Overland Road. The recently approved Bear Creek Estates
Subdivision discharges to the same manhole. Because Bear Creek
Estates was approved prior to the Western Electronics facility, only the
projected excess capacity in the receiving sewer is available for the
Western Electronics/T.V. Technical Center project. Computer model
calculations show that the Western Electronics lift station is limited to a
peak flow of 80 gallons per minute. The project shall continue to be
served by the existing private lift station and pressure main until such
time as the Black Cat Trunk is available to serve this area. The lift
station may not discharge a flow greater than 80 gallons per minute at
any time. Provision shall be made in the sanitary sewer system such that
the lift station can be abandoned and the site sewer system connected to
the Black Cat Trunk Sewer, or a lateral thereof, when it is available.
"Available" shall be defined as the time when the sewer is extended
through adjacent property to the western boundary of this project. This
project shall include relocation of the lift station to the northwest corner
or installation of dry -line sewer to the northwest comer with this
project. The applicant shall be responsible for the eventual connection
to the Black Cat Trunk Sewer. The City Council requires the applicant
pay "Black Cat Trunk Sewer" fees at the time of building permit
issuance. These fees are estimated at $1500 per equivalent residential
unit (ERU) and shall contribute to the eventual construction of the
Black Cat Trunk Sewer into which this project is designated to sewer.
12.15 The City of Meridian is in the process of drilling a new domestic well
within the Bear Creek Estates Subdivision to provide service to this
area. Preliminary fire flow demand estimates by the Meridian Fire
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 7
Department for this application indicate that up to 2,300 gpm flow
could be required. Until the well is drilled and developed, its output
rate is unknown. Additional development within this project shall only
proceed to the extent that the particular building, or phase, has an
adequate supply of both domestic and fire protection `eater, as may be
determined by the City of Meridian Public Works Department, and the
Meridian Fire Department.
12.16 A site report establishing the highest seasonal groundwater elevation
shall be submitted to the Public Works Department as part of the
construction plan approval process within the Planned Development.
12.17 Conceptual engineering plans, including profiles, shall be submitted to
the Public Works Department prior to the City Council hearing of this
application.
12.18 Conditions run with the land: Any conditions attached to a final
development plan shall run with the land and shall not lapse or be
waived as the result of any subsequent change in the tenancy or
ownership of any or all said lands. Such conditions shall be deemed as
requirements for the issuance of the certificate of occupancy for any use
or structure.
12.19 Design Review: All planned developments are subject to design review
by the City staff and Council (12-6-7H). All buildings, other than those
buildings constructed of like material and design as submitted, shall be
subject to further design review by the Council and Staff prior to
construction.
12.20 The Applicant shall submit plans to the City Planning and Zoning
Director for approval of a comprehensive planned sign program in
accordance with Section 11-14-9(E) of the Sign Ordinance. The design
of the signs included within the sign program shall incorporate
materials, colors, and shall be reflective of a common theme that
incorporates similar design elements in terms of materials, letter styles,
sign type and sign shape.
12.21 All utilities, including water, sanitary and storm sewers, electricity, gas
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 8
and telephone lines shall be installed underground in either the public
right of way or utility easements. The design for adequate storm sewer
facilities shall be provided to the City Engineer and ACHD for review
prior to construction.
12.22 A copy of the bylaws or other deed restrictions which provide for the
maintenance and control of all the open space and common area shall
be provided to the Council for review prior to approval.
12.23 All required perimeter landscaping buffers (along Overland Road and I-
84) shall be installed prior to the issuance of an occupancy permit for
any newly constructed building within the planned development. All
interior landscaping shall be installed pursuant to the Landscaping
Ordinance as additional buildings are constructed within the planned
development.
12.24 Only minor changes shall be made in the location, siting, and height of
the proposed buildings, as authorized by the Building Official or as
required by engineering or other unforeseen circumstances. Additionally,
no such minor changes shall increase the volume of any building or
.structure by more than 10 percent (12-6-6F). 'The Applicant has
requested that the submitted site plan be considered conceptual in
nature, meaning applicant does not want to be limited to the number,
size, design or location of buildings, parking lots or landscaping. The
Applicant has stated that the development shall be driven by market
demand. Approving a Conditional Use Permit for a planned
development with nothing more than a conceptual site plan to be driven
by market demand allows the developer to do essentially whatever they
would like to do in the future without further approvals from the
Council or Commission. Conditions are placed upon the applicant to
obtain a Conditional Use Permit for each building within the planned
development, intended for office, retail, or day care use.
12.25 A recorded subdivision shall be required for any dedication of public
right-of-way (with the exception of dedication on Overland Road, the
widening of which is in accordance with the Meridian Comprehensive
Plan.), or the reconfiguration of existing parcels.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 9
12.26 The City Council makes it clear that this is actually, as presented, a
conceptual plan for a Conditional Use Permit. The developer shall be
required to return to the Commission and City Council for approval
through the conditional use permit process of all offices, retail or day
care uses in the I-L zone.
Adopt the Central District Health Department's Recommendations as follows:
12.27 The Applicant's central sewage and central water plans shall be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
12.28 Run-off is not to create a mosquito breeding problem.
12.29 Storrnwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality, or if other means of pretreatment of storm water discharge is
provided, then Applicant shall furnish to the Public Works Department
a copy of the proposed Operation and Maintenance Manual, including a
schedule of regular maintenance for the drains. A commitment shall be
required that in the event the drains do not effectively work, either
through problems with design or maintenance, development of new
plans for a means to pretreat the storm water discharge shall be
required.
12.30 The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
Adopt the Recommendations of the Meridian Fire Department as follows:
12.31 Applicants shall satisfy all fire code requirements including those
pertaining to water flow and fire sprinkler systems and hydrants.
Adopt the Recommendations of the Ada County Highway District as follows:
12.32 Applicant shall comply with ACHD's letters dated April 2, 2001 and
April 4, 2001, and any future letter(s) on the project when thorough
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT. 10
review of the site is completed.
follows: Adopt the Recommendations of the Nampa & Meridian Irrigation District as
12.33 The Nampa & Meridian Irrigation District's Kennedy Lateral courses
along the south and west boundaries of the project. Any encroachment
without written approval, plans and a signed License Agreement are
unacceptable. All storm drainage shall be retained on site.
Adopt the Recommendations of the Sanitary Service as follows:
12.34 Enclosure sizes shall be reviewed for waste capacity.
Adopt the Recommendations of the Water Department as follows:
12.35 Additional development within this project shall only proceed to the
extent that the particular building, or phase, has an adequate supply of
both domestic and fire protection water, as may be determined by the
City of Meridian Public Works Department, and the Meridian Fire
Department.
13. The proposed uses within the subject application will be harmonious
with and in accordance with the Meridian Comprehensive Plan and the City of
Meridian Zoning and Development Ordinance because:
13.1 The subject property is designated on the "Generalized Land Use Map"
as Existing Urban".
I4, The uses proposed within the subject application subject to the
conditions herein ordered will be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance or intended character of the general
vicinity and that such uses will not change the intended essential character of the
same area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 1 I
15. The uses proposed within the subject application will not be hazardous
or disturbing to existing or future neighboring uses.
16. The uses proposed within the subject application will be served
adequately by central public facilities and services such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water, and sewer.
17. The uses proposed within the subject application will not involve uses,
activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
18. The development will not result in the destruction, loss or damage of
natural or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
1. The City of Meridian shall exercise the powers conferred upon it by the
"Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the
"Act" codified at Chapter 65, TitIe 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council may exercise all the powers required and
authorized under the "Act" except the power to adopt ordinances by the
establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho
Code Section 67-6504 which the City Council of the City of Meridian has
established by the passage of the "City of Meridian Zoning and Development
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 12
Ordinance" at Titles XI and X1I, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing
and notice provision required, provide for the process of special and/or conditional
use permits which a proposed use is otherwise prohibited by the terms of the
ordinance but allowed with conditions under the specific provisions of the ordinance
which the City of Meridian has done in the adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts
and circumstances of each application for special use permit to determine prior to
granting the same that the evidential showing supports the finding that the following
standards are met and that the proposed development: (Meridian City Code § 11-17-
3)
a• Will, in fact, constitute a conditional use as determined by City policy;
b. Will be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
C. Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of
the general vicinity and that such use will not change the essential character of the
same area;
uses; d• Will not be hazardous or disturbing to existing or future neighboring
e• Will be served adequately by essential public facilities and services such
as highways, streets, 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;
f. Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic welfare of
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 13
the community;
g. Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare
or odors;
h. Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
5. Prior to granting a conditional use permit in the Light Industrial
District (I-L), a public hearing shall be conducted with notice to be published and
provided to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the land under consideration for the conditional use
permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of
Meridian Zoning and Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the
Commission and Council shall follow notice and hearing procedures provided
in Chapter 15 of this Title. Provided, however, that conditional use
applications for land in Old Town and in industrial and commercial districts
shall only be required to have one public hearing which shall be held before
the Planning and Zoning Commission; and after the recommendation of the
Commission is made, the application shall go before the City Council without
a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
b. Following the public hearing and within 45 days after the conclusion of
the public hearing the Commission shall, transmit its recommendations to the
Meridian City Council with supportive reasons. The Commission shall recommend
that the application be approved, approved with conditions or denied. The
Commission shall ensure that any approval or approval with conditions of an
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 14
application shall be in accordance with Meridian Comprehensive Plan, City of
Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City
Code § 11-17-6)
7. When the City Council approves a conditional use permit it may
impose conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on -site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area
and the Comprehensive Plan of the City of Meridian, which was adopted December
21, 1993, Ord. 629, January 4, 1994 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 15
hereby ORDER and this does Order that:
That the above named applicant is granted a conditional use permit for
a planned development to include office, retail, day care and industrial for proposed
Treasure Valley Technical Center in an I-L zone located adjacent to I-84, northwest
of the intersection of Stoddard and Overland Road, Meridian, Idaho, subject to the
following conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering
Staff as follows:
1.1 Off-street parking shall be provided in accordance with Section 11-13 of
the City of Meridian Zoning and Development Ordinance and/or as
detailed in site -specific requirements.
1.2 Paving and striping shall be in accordance with the standards set forth
in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning
and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements.
1.3 A drainage plan designed by a State of Idaho licensed architect or
engineer is required and shall be submitted to the City Engineer per
City Ordinance 11-13-4.B.4 for all off-street parking areas. All site
drainage shall be contained and disposed of on -site.
1.4 Outside lighting shall be designed and placed so as to not direct
illumination on any nearby residential areas and in accordance with
City Ordinance Section 11-13-4.C.
1.5 Any existing domestic wells and/or septic systems within this project
shall have to be removed from their 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 16
1.6 All irrigation ditches, laterals or canals, exclusive of natural waterways,
intersecting, crossing or lying adjacent and contiguous to the parcel shall
be tiled per City Ordinance 12-4-13. PIans shall be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department.
1.7 Provide landscaping in accordance with the Landscaping Ordinance,
Title 12, Chapter 13.
1.8 All trash and/or garbage collection areas shall be enclosed on at least
three (3) sides in accordance with City Ordinance Section 11-12-1.C.
The applicant shall coordinate trash enclosure locations and
construction requirements with Sanitary Service Company (SSC) and
provide a letter of approval or plans stamped by SSC to the Planning &
Zoning Department when applying for a Certificate of Zoning
Compliance.
1.9 Provide five -foot -wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
1.10 All signage shall be in accordance with the standards set forth in Title
11, Chapter 14 of the City Zoning and Development Ordinance.
1.1 I All construction shall conform to the requirements of the Americans
with Disabilities Act.
L 12 The entire site is located within the I-L Zone;, and the following uses
shall be limited uses in the I-L zone with a conditional use permit, along
with any of the allowed I-L uses, as part of the Planned Development:
1 • Daycare center
2. Professional and sales offices
3. Community and neighborhood shopping center
*The Meridian City Code allows for modifications of district
regulations, including such exceptions pertaining to the district
regulations governing use (12-6-5), when the modification is desirable to
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 17
achieve the objectives of the Planned Development.
1.13 Prior to construction of the Western Electronics building, an agreement
was made with ACHD concerning the acquisition of the right-of-way on
Overland Road. No right -of -way was acquired for the installation of
curb, gutter or sidewalk along Overland Road and, as depicted on the
submitted site plan, there is currently no curb or gutter. A five -foot -wide
detached sidewalk has been installed along Overland in front of the
Western Electronics development as agreed to by the Developer and
ACHD. The right-of-way acquisition on Overland for the Western
Electronics development has been deferred until an improvement project
is in design. There is no current improvement project in design at this
time to improve Overland Road west of Stoddard Road. The Applicant
shall install a five -foot -wide detached sidewalk along the full length of
the planned development, adjacent to Overland Road in line with the
existing sidewalk, and the Applicant shall provide documentation from
ACHD addressing the resolution of the right-of-way issues prior to
issuance of a building permit.
1.14 The existing Western Electronics facility is served by a privately owned
and maintained sewage lift station that discharges to a City of Meridian
sewer main in Overland Road. The recently approved Bear Creek Estates
Subdivision discharges to the same manhole. Because Bear Creek
Estates was approved prior to the Western Electronics facility, only the
projected excess capacity in the receiving sewer is available for the
Western Electronics/T.V. Technical Center project. Computer model
calculations show that the Western Electronics lift station is limited to a
peak flow of 80 gallons per minute. The project shall continue to be
served by the existing private lift station and pressure main until such
time as the Black Cat Trunk is available to serve this area. The lift
station may not discharge a flow greater than 80 gallons per minute at
any time. Provision shall be made in the sanitary sewer system such that
the lift station can be abandoned and the site sewer system connected to
the Black Cat Trunk Sewer, or a lateral thereof, when it is available.
"Available" shall be defined as the time when the sever is extended
through adjacent property to the western boundary of this project. This
project shall include relocation of the lift station to the northwest corner
or installation of dry -line sewer to the northwest corner with this
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 18
project. The applicant shall be responsible .for the eventual connection
to the Black Cat Trunk Sewer. The City Council requires the applicant
pay "Black Cat Trunk Sewer" fees at the time of building permit
issuance. These fees are estimated at $ 1500 per equivalent residential
unit (ERU) and shall contribute to the eventual construction of the
Black Cat Trunk Sewer into which this project is designated to sewer.
1.15 The City of Meridian is in the process of drilling a new domestic well
within the Bear Creek Estates Subdivision to provide service to this
area. Preliminary fire flow demand estimates by the Meridian Fire
Department for this application indicate that up to 2,300 gpm flow
could be required. Until the well is drilled and developed, its output rate
is unknown. Additional development within this project shall only
proceed to the extent that the particular building, or phase, has an
adequate supply of both domestic and fire protection water, as may be
determined by the City of Meridian Public Works Department, and the
Meridian Fire Department.
1.16 A site report establishing the highest seasonal groundwater elevation
shall be submitted to the Public Works Department as part of the
construction plan approval process within the Planned Development.
1.17 Conceptual engineering plans, including profiles, shall be submitted to
the Public Works Department prior to the City Council hearing of this
application.
1.18 Conditions run with the land: Any conditions attached to a final
development plan shall run with the land and shall not lapse or be
waived as the result of any subsequent change in the tenancy or
ownership of any or all said lands. Such conditions shall be deemed as
requirements for the issuance of the certificate of occupancy for any use
or structure.
1.19 Design Review: All planned developments are subject to design review
by the City staff and Council (12-6-7H). All buildings, other than those
buildings constructed of like material and design as submitted, shall be
subject to further design review by the Council and Staff prior to
construction.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 19
1.20 The Applicant shall submit plans to the City Planning and Zoning
Director for approval of a comprehensive planned sign program in
accordance with Section 11-14-9(E) of the Sign Ordinance. The design
of the signs included within the sign program shall incorporate
materials, colors, and shall be reflective of a common theme that
incorporates similar design elements in terms of materials, letter styles,
sign type and sign shape.
1.21 All utilities, including water, sanitary and storm sewers, electricity, gas
and telephone lines shall be installed underground in either the public
right of way or utility easements. The design for adequate storm sewer
facilities shall be provided to the City Engineer and ACHD for review
prior to construction.
1.22 A copy of the bylaws or other deed restrictions which provide for the
maintenance and control of all the open space and common area shall
be provided to the Council for review prior to approval.
1.23 All required perimeter landscaping buffers (along Overland Road and I-
84) shall be installed prior to the issuance of an occupancy permit for
any newly constructed building within the planned development. All
interior landscaping shall be installed pursuant to the Landscaping
Ordinance as additional buildings are constructed within the planned
development.
1.24 Only minor changes shall be made in the location, siting, and height of
the proposed buildings, as authorized by the Building Official or as .
required by engineering or other unforeseen circumstances. Additionally,
no such minor changes shall increase the volume of any building or
structure by more than 10 percent (12-6-6F). *The Applicant has
requested that the submitted site plan be considered conceptual in
nature, meaning applicant does not want to be limited to the number,
size, design or location of buildings, parking lots or landscaping. The
Applicant has stated that the development shall be driven by market
demand. Approving a Conditional Use Permit for a planned
development with nothing more than a conceptual site plan to be driven
by market demand allows the developer to do essentially whatever they
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 20
would like to do in the future without further approvals from the
Council or Commission. Conditions are placed upon the applicant to
obtain a Conditional Use Permit for each building within the planned
development, intended for office, retail, or day care use.
1.25 A recorded subdivision shall be required for any dedication of public
right-of-way (with the exception of dedication on Overland Road, the
widening of which is in accordance with the Meridian Comprehensive
Plan.), or the reconfiguration of existing parcels.
1.26 The City Council makes it clear that this is actually, as presented, a
conceptual plan for a Conditional Use Permit. The developer shall be
required to return to the Commission and City Council for approval
through the conditional use permit process of all office, retail or day
care uses in the I-L zone.
Adopt the Central District Health Department's Recommendations as follows:
1.27 The Applicant's central sewage and central water plans shall be
submitted to and approved by the Idaho Department of Health &
Welfare, Division of Environmental Quality.
1.28 Run-off is not to create a mosquito breeding problem.
1.29 Stormwater shall be pretreated through a grassy swale prior to discharge
to the subsurface to prevent impact to groundwater and surface water
quality, or if other means of pretreatment of storm water discharge is
provided, then Applicant shall furnish to the Public Works Department
a copy of the proposed Operation and Maintenance Manual, including a
schedule of regular maintenance for the drains. A commitment shall be
required that in the event the drains do not effectively work, either
through problems with design or maintenance, development of new
plans for a means to pretreat the storm water discharge shall be
required.
1.30 The Engineers and architects involved with the design of the subject
project shall obtain current best management practices for stormwater
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 21
disposal and design a stormwater management system that prevents
groundwater and surface water degradation.
Adopt the Recommendations of the Meridian Fire Department as follows:
1.31 Applicants shall satisfy all fire code requirements including those
pertaining to water flow and fire sprinkler systems and hydrants.
Adopt the Recommendations of the Ada County Highway District as follows:
1.32 Applicant shall comply with ACHD's letters dated April 2, 2001 and
April 4, 2001, and any future letter(s) on the project when thorough
review of the site is completed.
follows: Adopt the Recommendations of the Nampa & Meridian Irrigation District as
1.33 The Nampa & Meridian Irrigation District's Kennedy Lateral courses
along the south and west boundaries of the project. Any encroachment
without written approval, plans and a signed License Agreement are
unacceptable. All storm drainage shall be retained on site.
Adopt the Recommendations of the Sanitary Service as follows:
1.34 Enclosure sizes shall be reviewed for waste capacity.
Adopt the Recommendations of the Water Department as follows:
1.35 Additional development within this project shall only proceed to the
extent that the particular building, or phase, has an adequate supply of
both domestic and fire protection water, as may be determined by the
City of Meridian Public Works Department, and the Meridian Fire
Department.
2. The conditions shall be reviewable by the Council pursuant to Meridian
City Code § 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 22
shall meet such requirements as a condition of approval of the application for a
conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
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.
NOTICE OF FINAL ACTION
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.
By action of the City Council at its regular meeting held on the
day of �lliri�_ 2001.
ROLL CALL:
COUNCILMAN RON ANDERSON VOTED_,4-C4---
COUNCILMAN KEITH BIRD VOTED_gtA—
COUNCILWOMAN TAMMY deWEERD VOTED__6��—
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 23
COUNCILWOMAN CHERIE McCANDLESS VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: 6 l .--d
MOTION:
APPROVED: DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney. ___
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232 PARKING SPACES SHOWN
CONCEPTUAL SITE PLAN
Hearing Date: March 18, 2008
File No.: AP-08-001
Project Name: Treasure Valley Technical Center Appeal
Request: City Council Review (Appeal) of Director's Determination to deny an application
to modify a Conditional Use Permit for a Planned Development to allow a private
education institution within an I-L zone, by Metro Commercial Properties.
Location: South side of 1-84, east of S. Linder Road, Treasure Valley Technical
Center,1250 W. Overland Road, in Section 13, Township 3 North, Range 1 West.
RECEIVED
FEB 2 7 2008
GIT3( OF MERIDIAN
CITY CLERK OFFICE
11-8-1 11-8-1
LAND USES DISTRICTS
COMMERCIAL (cont.) R-4 R-8 R-15 R-40 L-O C-N C-C RSC C-G OT
Radio and TV
C
C
C
C
C
C
C
C
Regional shopping center
C
Restaurants
C
C
C
P
C
P
C
P
P
Retail stores
C
P
C
P
C
C
C
Retirement homes
C
P
C
C
Research facilities
C
C
C
P
P
Sales lots (auto, recreational,
agricultural etc.)
C
C
C
School - Private, nursery
C
C
C
C
C
C
C
C
C
C
C
School - Public
P P
P
P
C
C
C
P
Shopping centers, community
P
C
Shopping centers, neighborhood
C
C
C
C
P
C
Shopping centers regional
P
Storage facilities indoors
P
P
Storage facilities, outdoors
C
C
C
P
P
P
Service stations
C
C
C
P
C
C
P
Truck stops
P
P
Technical school - (with curricula
related to the principal uses)
C
P
Veterinary clinics and hospitals
C
P
P
P
Wholesale facilities
C
P
P
P
(Ord. 557, 10-1-1991; amd. Ord. 592, 11-17-1992)
P = Permitted Use C = Conditional Use P-A = Permitted as Accessory Use DR = Design Review
City of Meridian
le,s
EXHIBIT "A"
(Legal: Description)
A parcel of land being a portion of the SE 114 of the SW V4 of Section 13, T.3N.,
RAW., S.M., Ada County, Idaho and more particularly described as follows:
Commencing at an iron pin marking the South 114 corner of said Section 13;
thence along the South boundary of said Section 13, which is also the centerline of West
Overland Road
North 89026'27" West 1327.84 feet to an iron pin marking the Southwest corner
of said SE 1/4 of the SW 1/4 of Section 13; thence leaving said South boundary along
the West boundary of said SE 1/4 of the SW 1/4 of Section 13
North 00°13'19" East, formerly North 00°06'51" East, 48.00 feet to an iron pin on
the North right-of-way line of said West Overland Road, said point being the POINT OF
BEGINNING; thence continuing
North 00013'19" East 1075.98 feet to an iron pin on the South right-of-way line of
Interstate Highway 1-84; thence along said South right-of-way line
South 89052'52" East 1327.40 feet, formerly South 89°53'39" East 1325.21 feet
to an iron pin on the East boundary of said SE 1/4 of the SW 1/4 of Section 13; thence
leaving said South right-of-way line along said East boundary of the SE 1/4 of the SW
1/4 of Section 13
South 00°12'01" West, formerly South 00000'00" West, 585.98 feet to an iron pin;
thence leaving said East boundary
South 90°00'00" West 578.50 feet to an iron pin; thence
South 00806'51" West 494.56 feet to an iron pin on said North right-of-way line of
West Overland Road; thence along said North right-of-way line
North 89°26'27" West 750.07 feet to the POINT OF BEGINNING,
Warranty Deed - 3
Prepared by and after
Recording return to:
DBSI MERIDIAN 184 LLC
Attn: Lcgal/Acquisitions
12426 W. Explorer Drive, Suite 100
I Boise, Idaho 83713
aG000-n--R-na. /"jA I
ADA COUNTY RECORDER J. DAVID tl _ IRO AMOUNT 9.00
BOISE IDAHO 02/22/07 04:23 PM 3
DEPUTY Heave Haney !If
RECORDED —REQUEST OF I
Transnatian Title 107025758
WARRANTY DEED
For the consideration of the sum of Ten and 00/100 Dollars ($10.00) and other valuable consideration,
MERIDIAN FREEWAY ASSOCIATES, L.P., an Idaho limited partnership, who acquired title as
Meridian Freeway Associates, an Idaho limited partnership
Grantr, does
convey unto DBSI MERIDIAN I84 LLC, an Idaho limited` liabilit")compan hereby grant, sell and
address is 12426 W. Explorer Drive, Suite 100, Boise, Idaho 83713, and its s ccesso steean'd,a signs
forever, the following described real property located in Ada County, Idaho, as described in Exhibit "A"
attached hereto and incorporated by this reference (the "Property").
TOGETHER WITH all and singular the tenements, hereditaments, easements, rights and appurtenances
thereunto belonging or in any way appertaining, the reversion and reversions, remainder and remainders,
rents, issues, and profits thereof; and all estate, right, and interest in and to the Property, as well in law as
in equity.
SUBJECT to existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights
of way, easements, and other matters of record or otherwise appearing on the land ("Permitted
Exceptions").
Grantor hereby, for itself and its successors and assigns, covenants and agrees with Grantee that Grantor
is lawfully seized in fee simple of the Property herein conveyed; that it has good right to sell and convey
the same in the manner set forth herein and the Property is free and clear of all liens, claims and
encumbrances by and through and under the Grantor, except for the Permitted Exceptions; that Grantor,
its successors and assigns shall warrant and defend the same unto Grantee forever against the lawful
claims and demands of all persons claiming by, through or under Grantor, but against none other.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this `Zyday of
February, 2007.
MERIDIAN FREEWAY ASSOCIATES, L.P.,
an Idaho limited partnership
BY: DBSI Inc., an Idaho corporation
Its: General Partner
By:
Nae: L
_ ouglas
mL. Swenson
Its: President
Warranty Deed - 1
STATE OF IDAHO )
County of Ada ) ss.
On this -9—/ day of February, 2007, before me, a Notary Public in and for said State,
personally appeared Douglas L. Swenson, known or identified to me to be the President of DBSI Inc., an
Idaho corporation, known or identified to me to be the General Partner of Meridian Freeway Associates,
L.P., an Idaho limited partnership, the corporation which subscribed said limited partnership's name to the
foregoing instrument, and acknowledged to me that such authorized representative executed the same in
said limited partnership's name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
,,,��r rrrrrrNhgr
o• NN 0 N S '•.
4,' NpTAR r •i NOTARY PUBLIC FOR IDAHO
• Residing atcjy�Z�
% pU B LAG My commission expires:
0 Fri V•,.•`�
Warranty Deed - 2
COMMITMENT OF PROPERTY POSTING
Per Unified Development Code (UDC) 11-5A-5D, the applicant for all applications requiring a
public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment
and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing.
The applicant shall post a copy of the public hearing notice of the application(s) on the property
under consideration.
The applicant shall submit proof of property posting in the form of a notarized statement and a
photograph of the posting to the City no later than seven (7) days prior to the public hearing
attesting to where and when the sign(s) were posted. Unless such Certificate is received by the
required date, the hearing will be continued.
The sign(s) shall be removed no later than three (3) days after the end of the public hearing for
which the sign(s) had been posted.
I am aware of the above requirements and will comply with the posting requirements as stated in
UDC 11-5A-5.
,Y/,. - , Y1, �-
Applicant/agent signature
a -i s-o $
Date
00-M
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
(name)
lwsE
(City)
being first duly sworn upon, oath, depose and say:
It µ a (P w. 6Y?,-OAlr bo-1 .
(address)
yDRtto
(state)
That t am the record owner of the property described on the attached, and 1 grant my
permission to:
Ke-4-re, CA pk^erao ?npe,41-f5 trjoo N• PJ�JE9� IiR,"-r'1ii-rL-06,Az $Sze/
t-z'*s€ GtrwP. �it7a>J (0223 N.7�rsc++'EIS' tu�Y, 9 E, Zoo , 5"xf rD 93713
(nme) (address)
to submit the accompanying application(s) pertaining to that property.
2_ I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or 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.
3. 1 hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this / day of
SUBSCRIBED AND SWORN to before me the day and year first above written.
(N Pubiic� or 1 ho)
Olt Alt Y Residing at: Lt // // `(hv
.►+� M�cjy Commission Expires: /:� - /` - , 2 Ql
PUS%. �O
'q TE OV �O
Citv of Meridi
lication Meeting Notes Date: 1--1 -01
Project/Subdivision Name: M e+ro (;y �,, � Gi l Pr n Pe r'- _e.3
Applicant/Contact: Sh a,,n 0.r l2
City Staff Ssr C
Location: Parcel i ZA Y`end �Mrr�2rG; �i C},,
— Existing Zoning: ! - �
Proposed
Contiguous and Within AOI (AZ only):
Proposed Zoning: Number of Units and/or Lots: -- Property Size: '� _ S ac,, s DwellingType if residential): Surrounding Uses: I n d v S-4 a I
Comprehensive Plan Designation
(s): I ndv;
Street Buffers and/or Land Use Buffe
Open Space/Amenities/Pathways: c
Street System/Stub Streets/Access: _4e Q_cce��
Sewer and Water Service: 0 CC
low �
Topography/Ilydrology/Floodplain Issues: N�
Canals/Ditches/Irrigation and/or Hazards.
History: C'UP-01-0og
Additional Meeting Notes: Cr e v_ c v P
rVS. 1nb93��Ylii�� } iJSLaJ �tv e V�flmr+rbt�C�
Y'S U
c fl_0 � v C G�� a �� � c�� Q_ ✓
Ln- / pYi"
cJSe 5 ua Cop
L. In S f -K)- r5Y1
Other Agencies/Departments to Contact
Ada County Highway District
(circle):
Idaho Transportation Department
Nampa and Meridian Irrigation
Settlers Irrigation
Sanitary Services Corporation
Central District Health
Fire Department
Police Department
Applications Required (circle all that apply):
Accessory Use
Alternative Compliance
Design Review
Annexation
Final Plat Modification
Certificate of Zoning Compliance
Comp
Misc. (DA Modification)
Planned Unit Development
Plan Map Amendment
Preliminary plat
PLan Text Amendment
rivate Street
�g
on Cditional UseYermrt M od �7 ,ezone
Additional Pre -Application Conference (circle one): Required
Anticipated Submission Date:
Parks -Department
Public Works Department
Building Department
Other:
Short Plat
Time Extension
UDC Text Amendment
Vacation
Variance
Other:
Anticipated Hearing Date:
NOTES: 1) Applicants are required to hold a neighborhood meeting, in accordance with UDC 11-5A-5C, prior to
submittal of an application. requiring a public hearing. 2) Except for UDC Text Amendments, Comprehensive Plan
Teri Amendments and Vacation applications, all other applications requiring a public hearing shall be posted in
accordance with UDC 11-5A-5 D. 3) The information provided during this meeting is based on current City Code and
Comprehensive Plan. Any subsequent changes to City Code and/or the Comprehensive PIan may affect your
submittal and/or application. This pre -application meeting shall be valid for 6 months.
City of Meridian Pre -a
lication Meeting Notes
Project/Subdivision Name: Un -1 ��,� S, �y o �� pewy
Applicant/Contact: �yon F-/-v 8,1- ,41
City Staff. �,1,1/. Ul l C a 4v /., i ter'
Location: _ O� Z-'
�2 -dine 4r Co %w7e,r ro 6
Existing Zoning: -7- - Z
Proposed Zoning: e /V14
Property Size:
Surrounding Uses: _:r�4 s4., f
Comprehensive Plan Designation(s): C�
Street Buffers and/or Land Use Buffers: S_
Open Space/Amenities/Pathways:
Street System/Stub Streets/Access:
Sewer and Water Service:
Topography/Ilydrology/Floodplain Issues:
Canals/Ditches/Inigation and/or Hazards:
History: ( (4 dP - D 1— o o 9 -r. r ke , _
Ir-
3=3ypox
Date: / Z - A -6 7
?a1ao1i✓if%--_
Contiguous and Within AOI (AZ only): A
Number of Units and/or Lots:
Dwelling Type (if residential):
X., a,
K
Other Agencies/Departments to Contact (circle):
Ada County Highway District Nampa and Meridian Irrigation
Idaho Transportation Department Settlers Irrigation
Sanitary Services Corporation Fire Department ape s' ✓'4
Central District Health Police Department —� 23�
Applications Required (circle all that apply):
Accessory Use Design Review
Alternative Compliance Final Plat Modi:
Annexation sc. A Mod.
Certificate of Zoning Compliance Planned Unit De
Comp Plan Map Amendment Preliminary
Coin Plan Text Amendme Plat
conditional Use Perini(Private Street
` ezon
IM
ParkDepartment
cS� a
ublhc s Dep a
Building Department
Other:
/0 a11,K) Short Plat
��1eTime Extension
) % j ""' JtJD C Text Amendment
It �•1 Vacation
�r�c• ariance
Other:
Additional Pre -Application Conference (circle one): Required
Not Required
Anticipated Submission Date: Anticipated Hearing Date: 5''-k P 1cut
I�JQT�QtiS
NOTES: 1) Applicants are required to hold a neighborhood meeting, in accordance with UDC 11-5A-5C, prior to
submittal of an application requiring a public hearing. 2) Except for UDC Text Amendments, Comprehensive Plan
Text Amendments and Vacation applications, all other applications requiring a public hearing shall be posted in
accordance with UDC 11-5A-5 D. 3) The information provided during this meeting is based on current City Code and
Comprehensive PIan. Any subsequent changes to City Code and/or the Comprehensive Plan may affect your
submittal and/or application. This pre -application meeting shall be valid for 4 months.
Metro Commercial Properties -Neighborhood Meeting
February 11, 2008
6:00 p.m. at Meridian City Hall
Sign up Sheet
M
ri Ov.1 3a A4,:
yr 7 `L3v'
E IDIAN*,
IDAHO
February 25, 2008
Shawn L. Nickel
Principal Land Use Planner
Rose Law Group Borton
6223 N. Discovery Way, Suite 200
Boise, ID 83713
RE: Treasure Valley Technical Center — Conditional Use Permit Modification
Application Submittal
Dear Mr. Nickel:
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
This letter is being written in response to your recent submittal of a conditional use permit
modification application requesting to allow a private education institution within the Treasure
Valley Technical Center, located at 1250 W. Overland Road.
The subject property is shown as "Industrial" on the City of Meridian Future Land Use Map and
zoned I-L. In 2001, a Conditional Use Permit for a Planned Development (CUP/PD) was
approved on this site that limited the uses on this site to uses allowed within the I-L zoning
district and, with approval of a (detailed) conditional use permit: 1. Daycare center; 2.
Professional and sales offices; 3. Community and neighborhood shopping center (see Section
12.12 in the attached Findings of Fact and Conclusions of Law and Decision and Order Granting
Conditional Use Permit for CUP-01-009). Please note that even at the time that the CUP-01-009
was processed and approved in 2001, private education institutions were not an allowed use in
the I-L zoning district, as your narrative letter states, but rather they were permitted, subject to
conditional use approval. In 2005, the City adopted a new development ordinance (UDC). With
the UDC adoption, the City Council decided that private education institutions should be
prohibited in the I-L zoning district (UDC Table 11-2C-2).
Because this property is shown as "Industrial" on the Comprehensive Plan Future Land Use
Map, and according to UDC Table 11-2C-2 the proposed use (private education institution)
associated with the subject application is a prohibited use in the existing I-L zoning district, and
is not one of the three uses previously approved as appropriate with CUP-01-009, the Planning
Department can not accept your application. As previously mentioned after the pre -application
meeting in December (see attached e-mail from Caleb Hood, dated January 10, 2008), the proper
applications to submit to request approval of the subject use are the Comprehensive Plan Map
Amendment and Rezone applications.
Planning Department . 660 E. Watertower Street, Suite 202, Meridian, ID 83642
Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org
[Recipient]
Page 2
In accordance with UDC 11-5A-3C1, the Planning Department Director has determined that the
proposed application does not comply with the applicable I-L district regulations and is
incomplete. The City is returning your application to you (attached) and will begin the process of
refunding the $206 in fess you submitted for this application. (You may request from the
Planning Department, a credit towards the Comprehensive Plan Map Amendment and Rezone
applications needed to process your request. If we do not hear from you within 10 days, we will
begin processing your fee refund.)
In accordance with UDC 11-5A-3F and UDC 11-5A-6, you have the option to appeal this
decision to the City Council. All City Council Reviews (appeals) shall be filed in writing with
the Planning Department within fifteen (15) days after the date of this letter. The appeal will be
forwarded to the City Council to conduct a public hearing. The appeal should specify the
grounds upon which the appeal is filed. I have attached the City Council Review application and
checklist to this letter, should you decide to file an appeal of the Director's determination.
Please feel free to contact Caleb Hood at 884-5533 if you have any questions.
Sincerely,
Anna Borchers C AICP
Planning Director
Attachments:
1) FFCL for CUP-01-009
2) E-mail from Caleb Hood, dated January 10, 2008
3) City Council Review Application and Checklist
4) CUP-01-009 Modification Application Submitted on 2/15/08
12.8 All trash and/or garbage collection areas shall be enclosed on at least
three (3) sides in accordance with City Ordinance Section 11- I 2-1. C.
The applicant shall coordinate trash enclosure locations and
construction requirements with Sanitary Service Company (SSC) and
provide a letter of approval or plans stamped by SSC to the Planning&
Zoning Department when applying for a Certificate of Zonin Compliance. g
12.9 Provide five -foot -wide sidewalks in accordance with City Ordinance
Section 12-5-2.K.
12.10 All signage shall be in accordance with the standards set forth in Title
11, Chapter 14 of the City Zoning and Development Ordinance.
12.11 All construction shall conform to the requirements of the Americans
with Disabilities Act.
12.12 The entire site is located within the I-L Zone;, and the following us
es
shall be limited uses in the I-L zone with a conditional use permit, along
with any of the allowed I-L uses, as part of the Planned Development:
I . Daycare center
2. Professional and sales offices
3 • Community and neighborhood shopping center
`The Meridian City Code allows for modifications of district
regulations, including such exceptions pertaining to the district
regulations governing use (12-6-5), when the modification is desirable to
achieve the objectives of the Planned Development.
12.13 Prior to construction of the Western Electronics building, an agreement
was made with ACHD concerning the acquisition of the right-of-way on
Overland Road. No right -of -way was acquired for the installation of
curb, gutter or sidewalk along Overland Road and, as depicted on the
submitted site plan, there is currently no curb or gutter. A five -foot -wide
detached sidewalk has been installed along Overland in front of the
Western Electronics development as agreed to by the Developer and
ACHD. The right-of-way acquisition on Overland for the Western
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND
ORDER GRANTING CONDITIONAL USE PERMIT - 6
AtNT FF1, L Fo. [uP-eFooq
Page 1 of 1
C. Caleb Hood
From: C. Caleb Hood
Sent: Thursday, January 10, 2008 4:42 PM
To: 'rfoley@mcpaz.com'; 'palthoff@mcpaz.com'; 'adurrant@dbsidevelopment.com'
Cc: Anna Canning; Bill Parsons; Shaun Wardle
Subject: University of Phoenix
Gentlemen,
I told you a few weeks ago, during our pre -application meeting, that I wanted to talk with Anna (the
Planning Director) about the feasibility of accepting a CUP modification application for an
education facility on the DBSI site (south side of I-84, just west of Meridian Road). I finally got the
chance to talk to her today. As we discussed as a possibility during the pre-app, Anna believes that
a CUP is not the correct vehicle to accomplish that end. In fact, the City can not accept a CUP
application where a use is requested (education institution in this case) that is prohibited in the
existing zone (I-L). The proper way to ask the Commission and Council if this site is appropriate for
uses other than what are currently allowed, you will need to submit a Comprehensive Plan Map
Amendment and a Rezone application (as we discussed as the alternative, staff -preferred
mechanism during the pre-app). I knew during our meeting that the possibility of doing a CUP
would be marginal and I apologize now for even bringing it up as a potential option. However, I will
do my best to work with you to find a location in Meridian that is appropriately zoned and is along I-
84. Please feel free to contact me.
C. Caleb Hood
Current Planning Manager
City of Meridian Planning Department
660 E. Watertower Street, Ste. 202
Meridian, ID 83642
208.884.5533
208.888.6854 (fax)
Vision without action is a daydream.
Action without vision is a nightmare.
ArTAC * KEOT Z� E-MRt� �Roh c.l{voD