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HomeMy WebLinkAboutCole Valley School CUP 02-015BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 07/02/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT TO RENOVATE EXISTING OFFICE AND CONVENTION CENTER INTO A PRIVATE JR./SR. HIGH SCHOOL IN AN L-O ZONE, LOCATED AT 200 EAST CARLTON AVENUE, MERIDIAN, IDAHO JEFFREY L. KING, APPLICANT Case No. CUP-02-015 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 July 2, 2002 at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shad Stiles, Planning and Zoning Administrator, Jeffrey L. King, Jerry Van Engen, Art Ortman, John Mascroft, Rod Riedinger, and Mark Wood, appeared and testified, 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 1. A notice of a public hearing on the conditional use permit was published for two FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 (2) conSecutiv~ weeks prior to the said public hearing scheduled for July 2, 2002, 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 July 2, 2002, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full 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 §§ 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. 3. This proposed development request is in a L-O zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 200 E. Carlton, Meridian, Idaho. 5. The owners of record of the subject property are Timothy and Carol Mussell of Meridian, Idaho and Vernon Chitwood of Boise, Idaho. 6. Applicant is Jeffrey L. King of Boise, Idaho. 7. The subject property is currently zoned L-O. The zoning district of L-O is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 8. The proposed application requests a conditional use permit for conversion of an existing office into a private junior/senior high school. The L-O 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. (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 Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The City Council recognizes the concerns of Warn and Mavis Culver who expressed opposition to the request in their letter of May 23, 2002. 12. 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 and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 13. 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 City of Meridian, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Trash Enclosure: The applicant has submitted a revised Site Plan showing the trash enclosures and the building elevations. A trash enclosure shall be added to the gymnasium lot and screened in accordance with Ordinance 11-12-1-C. Applicant shall come to an agreement with SSC regarding size and dimension specifics on trash enclosure to be placed in the area of the planned gymnasium. Signs: Applicant's intent is to utilize the existing monument sign presently located on the southwest corner of the property. If the Applicant provides information on additional signage he shall addreSs the number, location, and maximum size of any proposed signs--wall-mounted or freestanding. All such signs shall require a separate sign permit and shall be subject to design review by P&Z staff. Given the historic nature of the structure and its relationship to Old Town, context-sensitive signage is important to blend with the character of the building. Parking: The proposed use requires 215 parking spaces, but only 159 spaces are provided on the subject property, with an additional 33 possibly available via a cross- parking agreement, leaving a deficit of 23 parking stalls. The total parking space issue shall be reviewed and addressed at the time Cole Valley Christian shall be in need of the parking spaces. Applicant shall obtain a variance prior to applying for a Certificate of Zoning Compliance for the gym. Applicant's failure to obtain a variance shall result in down-sizing or elimination of the gym. The Applicant shall address the anticipated parking demand for the office uses that will remain, as well as the proposed school, when such variance is needed. Upon satisfactory resolution of the parking demand versus supply issue, a variance to the parking requirements would be supported. Also, the Applicant shall supply written verification that the Apostolic Bible Church is amenable to the cross-parking agreement and shall work to finalize such cross-parking agreement. ° Planters/Parking Lot: The proposed site plan does not include planters within the interior of the parking lot. The parking lot is existing and is being modified less than 50%. The requirements of Ordinance 12-13-11-4-B apply to this project, which means that the perimeter landscaping and street buffers are required, but the internal islands are not required until the parking lot is replaced or altered more than 50%. The perimeter landscape strips shown on the proposed landscape plan are sufficient to meet this requirement. Existing Trees: The existing large maple trees along E. 2 ½ Street, adjacent to the proposed gym, shall be protected during construction as noted on the proposed plan. Applicant shall verify that the proposed new trees are sufficient to mitigate for the one existing tree proposed for removal. The existing trees surrounding the Meridian Office & Convention Center shall also be protected and retained. 6. Additional Landscaping: Many of the existing landscape strips contain trees, but the ground surrounding them is left heavily populated by weeds. Additional landscaping FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 o 10. 11. 12. 13. 14. 15. shall be added to all such areas so that all landscape areas are fully vegetated with grass, shrubs, and/or vegetative groundcover. A pressurized irrigation system shall be required to all landscape areas. This shall require some modifications to the existing pressurized irrigation system, as the current system provides bubblers to the trees only, but does not currently water the ground. Existing Structures: The proposed gymnasium site contains two existing structures, which it appears shall be demolished as part of this project. The Applicant shall verify whether or not the existing structures will be demolished when the gymnasium is built. Handicapped parking: The Applicant's architect (CTA Architects) shall verify whether or not the proposed site plan meets the requirements of the Americans with Disabilities Act, and if not, provide a revised site plan showing how the parking shaI1 be modified. Building Height: The proposed gymnasium shall not exceed thirty-five (35) feet high per the Maximum Building Height shown in Ordinance 11-9-1. Building elevations were submitted with the application, but the height is difficult to read, though it appears that it may be 33'-6". The Applicant shall verify the actual height. Applicant shall present a revised elevation plan that shows more variation to the gym design on the Carlton Street side and a revised site plan showing the planned trash enclosure. Setbacks: The proposed structure is subject to all required setbacks of Ordinance 11-9-1 for the L-O zone. The submitted site plan appears to meet all of the required setbacks. Water/sewer: This facility is currently served by the City of Meridian's sanitary sewer and water systems. Existing sanitary sewer and water assessments shall be compared with the anticipated impact, to determine whether additional assessments are warranted. If additional assessments are warranted, Applicant shall pay for them with the issuance of his building permit for tenant improvements. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. Existing trees shall be protected and retained in accordance with Meridian City Code 12- 13-13. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4-D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4-D, -F. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 16. 17. 18. 19. 20. 21. Adopt 1. 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. All drainage water is to be maintained on-site. 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. 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 - 13-4-C. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance (CZC). Per Ordinance 11-17-4-B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder shall acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. the Recommendations of the ACHD as follows: Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. The Applicant should replace any unused curb cuts on 2 ½ Street or Carlton Avenue with standard curb, gutter and concrete sidewalk to match existing improvements. Contact Construction Services at 387-6280 (with file number) for details. 2. Comply with all Standard Conditions of Approval. 3. Any existing irrigation facilities shall be relocated outside of the right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 4. All utility relocation costs associated with improving street fi'ontages abutting the site shall be borne by the developer. o All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. o It is the responsibility of the Applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant or the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 12. Comply with all the Standard Requirements of ACHD listed in their report dated May 14, 2002. Adopt the Recommendations of the Meridian Fire Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 o 10. Adopt Phase II of the project shall require a new fire hydrant to be installed at Washington & 2lA Street to service the new gym. Educational facilities require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler system. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. All internal roads shall have radii of 28' inside and 48' outside radius. All intemal access roads within the project shall have a clear driving surface with a minimum width of 20'. The Meridian Fire Department requires a fire access road around the proposed building. Such road shall have a 20' wide access road around the building during all phases of construction. The base shall have to be a minimum of 6" pit run with a top layer of 2" of W' crushed gravel. The existing fire sprinkler system shall be required to be upgraded to provide coverage in areas affected by the remodeling process per national Fire Protection Standard 13. The existing fire alarm shall be required to be upgraded to provide coverage in areas affected by the remodeling process per National Fire Protection Standard 72. The gymnasium shall be required to comply with the Fire Code requirements for educational occupancies. All modifications to the building shall have to comply with the Building Code. the Recommendations of the Central District Health Department as follows: If a cafeteria for students is proposed, plans shall be submitted to and approved by CDHD. Adopt the Recommendation of Sanitary Service as follows: 1. Provide waste enclosure plans. Adopt the Recommendations of the Central District Health Department as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 1. Ifa cafeteria for the students is proposed, then plans shall be submitted and approved by the Central District Health Department. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All storm drainage shall be addressed, any storm drainage that leaves the site shall be reviewed and approved by the District. Additionally, comply with the action of the City Council from their meeting held on July 2, 2002 as follows: 1. The application is approved for a junior/senior high school with an auditorium, and that P & Z staff shall monitor the parking requirements to insure that Cole Valley Christian complies with MCC. (This paragraph pertains to P & Z item number 3 listed above.) 2. The plum trees that are planted around the perimeter of the site shall be sprayed each year to insure that no fruit will be produced from them. 3. The handicapped parking spaces shall be verified that the requirements of the Americans with Disabilities are met by having the plans stamped by applicant's architect. (This pertains to P & Z item number 8 listed above.) 14. The site is not large enough to accommodate the required number of parking spaces. 215 spaces are required; 159 are provided on the subject parcel. An additional 33 possible spaces can be accommodated through a cross-parking agreement with the Apostolic Bible Church. This would bring the total provided to 192 spaces, leaving a deficit of 23 spaces. The total parking space issue shall be reviewed and addressed at the time Cole Valley Christian shall be in need of the parking spaces. Applicant shall obtain a variance prior to applying for a Certificate of Zoning Compliance for the gym. Applicant's failure to obtain a variance shall result in down-sizing or elimination of the gym. The applicant shall address the anticipated parking demand for the office uses that will remain, as well as the proposed school, when such variance is needed. Upon satisfactory resolution of the parking demand versus supply issue, a variance to the parking requirements would be supported. Also, the applicant shall supply written verification that the Apostolic Bible Church is amenable to the cross-parking agreement FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 and shall work to finalize such cross-parking agreement. 15. That Comprehensive Plan shows the subject property as "Existing Urban". Current zoning is L-O; private schools require a CUP in the L-O zone according to the Zoning Schedule of Use Control. It is found that the proposed use and plan to be in compliance with the Meridian Zoning Ordinance and the Comprehensive Plan, as long as the conditions of the staff report are met. 16. It is found that the proposed development will not adversely change the essential character of the general vicinity and will be harmonious with the intended character of the same area. The property has been used as a school in the past; the proposed project will revert the site back to its prior use as a school. 17. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; it is found that the proposed use would not adversely affect other properties in the general vicinity. 18. It is found that the proposed development will be adequately served by the 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. 19. It is found that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 20. That the proposed use will certainly increase traffic on adjacent streets, especially at the beginning and end of the school day. However, the use is relatively small when compared to public schools in Meridian, they are proposing 7 classrooms for Jr. High use and 7 classrooms FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 for High School use. It is not anticipated that the proposed use will be detrimental to the general welfare of the community by means of increased traffic, noise, smoke fumes, glare or odors generated by the use. The applicant should be prepared to address traffic and parking concerns with information about anticipated enrollment and parking needs. 21. It is found that the proposed use will not create significant interference with traffic on the surrounding public streets. The applicant has not proposed any new curb cuts onto existing streets. 22. 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. 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, Title 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 Ordinance" at Titles XI and XII, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 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. 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; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. 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; d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. 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 the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. 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. 5. Prior to granting a conditional use permit in the Limited Office District (L-O), 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 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." 6. 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 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) 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 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 hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for conversion of an existing office into a private junior/senior high school in an L-O zone located at 200 E. Carlton, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Trash Enclosure: The applicant has submitted a revised Site Plan showing the trash enclosures and the building elevations. A trash enclosure shall be added to the gymnasium lot and screened in accordance with Ordinance 11-12-1-C. Applicant shall come to an agreement with SSC regarding size and dimension specifics on trash enclosure to be placed in the area of the planned gymnasium. 2. Signs: Applicant's intent is to utilize the existing monument sign presently located on the southwest comer of the property. If the Applicant provides information on additional signage he shall address the number, location, and maximum size of any proposed signs--wall-mounted or freestanding. All such signs shall require a separate sign permit and shall be subject to design review by P&Z staff. Given the historic nature of the structure and its relationship to Old Town, context-sensitive signage is important to blend with the character of the building. 3. Parking: The proposed use requires 215 parking spaces, but only 159 spaces are provided on the subject property, with an additional 33 possibly available via a cross-parking agreement, leaving a deficit of 23 parking stalls. The total parking FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -14 space issue shall be reviewed and addressed at the time Cole Valley Christian shall be in need of the parking spaces. Applicant shall obtain a variance prior to applying for a Certificate of Zoning Compliance for the gym. Applicant's failure to obtain a variance shall result in down-sizing or elimination of the gym. The Applicant shall address the anticipated parking demand for the office uses that will remain, as well as the proposed school, when such variance is needed. Upon satisfactory resolution of the parking demand versus supply issue, a variance to the parking requirements would be supported. Also, the Applicant shall supply written verification that the Apostolic Bible Church is amenable to the cross- parking agreement and shall work to finalize such cross-parking agreement. Planters/Parking Lot: The proposed site plan does not include planters within the interior of the parking lot. The parking lot is existing and is being modified less than 50%. The requirements of Ordinance 12-13-11-4-B apply to this project, which means that the perimeter landscaping and street buffers are required, but the internal islands are not required until the parking lot is replaced or altered more than 50%. The perimeter landscape strips shown on the proposed landscape plan are sufficient to meet this requirement. o Existing Trees: The existing large maple trees along E. 2 lA Street, adjacent to the proposed gym, shall be protected during construction as noted on the proposed plan. Applicant shall verify that the proposed new trees are sufficient to mitigate for the one existing tree proposed for removal. The existing trees surrounding the Meridian Office & Convention Center shall also be protected and retained. o Additional Landscaping: Many of the existing landscape strips contain trees, but the ground surrounding them is left heavily populated by weeds. Additional landscaping shall be added to all such areas so that all landscape areas are fully vegetated with grass, shrubs, and/or vegetative groundcover. A pressurized irrigation system shall be required to all landscape areas. This shall require some modifications to the existing pressurized irrigation system, as the current system provides bubblers to the trees only, but does not currently water the ground. Existing Structures: The proposed gYmnasium site contains two existing structures, which it appears shall be demolished as part of this project. The Applicant shall verify whether or not the existing structures will be demolished when the gymnasium is built. ° Handicapped parking: The Applicant's architect (CTA Architects) shall verify whether or not the proposed site plan meets the requirements of the Americans with Disabilities Act, and if not, provide a revised site plan showing how the parking shall be modified. ° Building Height: The proposed gymnasium shall not exceed thirty-five (35) feet high per the Maximum Building Height shown in Ordinance 11-9-1. Building FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 10. 11. 12. 13. 14. 15. 16. elevations were submitted with the application, but the height is difficult to read, though it appears that it may be 33'-6". The Applicant shall verify the actual height. Applicant shall present a revised elevation plan that shows more variation to the gym design on the Carlton Street side and a revised site plan showing the planned trash enclosure. Setbacks: The proposed structure is subject to all required setbacks of Ordinance 11-9-1 for the L-O zone. The submitted site plan appears to meet all of the required setbacks. Water/sewer: This facility is currently served by the City of Meridian's sanitary sewer and water systems. Existing sanitary sewer and water assessments shall be compared with the anticipated impact, to determine whether additional assessments are warranted. If additional assessments are warranted, Applicant shall pay for them with the issuance of his building permit for tenant improvements. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. Existing trees shall be protected and retained in accordance with Meridian City Code 12-13-13. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4-D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4-D, - F. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 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. All drainage water is to be maintained on-site. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 17. 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 11-13-4-C. 18. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 19. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance. 20. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance (CZC). 21. Per Ordinance 11-17-4-B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder shall acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. Adopt the Recommendations of the ACHD as follows: Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. The Applicant should replace any unused curb cuts on 2 ½ Street or Carlton Avenue with standard curb, gutter and concrete sidewalk to match existing improvements. Contact Construction Services at 387-6280 (with file number) for details. 2. Comply with all Standard Conditions of Approval. 3. Any existing irrigation facilities shall be relocated outside of the right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. o All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 o o o 10. 11. 12. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. It is the responsibility of the Applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant or the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Comply with all the Standard Requirements of ACHD listed in their report dated May 14, 2002. Adopt the Recommendations of the Meridian Fire Department as follows: 13. Phase II of the project shall require a new fire hydrant to be installed at Washington & 2½ Street to service the new gym. Educational facilities require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler system. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 14. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 15. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 16. All internal roads shall have radii of 28' inside and 48' outside radius. 17. All internal access roads within the project shall have a clear driving surface with a minimum width of 20'. 18¸. The Meridian Fire Department requires a fire access road around the proposed building. Such road shall have a 20' wide access road around the building during all phases of construction. The base shall have to be a minimum of 6" pit run with a top layer of 2" of %" crushed gravel. 19. The existing fire sprinkler system shall be required to be upgraded to provide coverage in areas affected by the remodeling process per national Fire Protection Standard 13. 20. The existing fire alarm shall be required to be upgraded to provide coverage in areas affected by the remodeling process per National Fire Protection Standard 72. 21. The gymnasium shall be required to comply with the Fire Code requirements for educational occupancies. 22. All modifications to the building shall have to comply with the Building Code. Adopt the Recommendations of the Central District Health Department as follows: If a cafeteria for students is proposed, plans shall be submitted to and approved by CDHD. Adopt the Recommendation of Sanitary Service as follows: a. Provide waste enclosure plans. Adopt the Recommendations of the Central District Health Department as follows: 1. Ifa cafeteria for the students is proposed, then plans shall be submitted and approved by the Central District Health Department. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All storm drainage shall be addressed, any storm drainage that leaves the site shall be reviewed and approved by the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 Additionally, comply with the action of the City Council from their meeting held on July 2, 2002 as follows: The application is approved for a junior/senior high school with an auditorium, and that P & Z staff shall monitor the parking requirements to insure that Cole Valley Christian complies with MCC. (This paragraph pertains to P & Z item number 3 listed above.) 2. The plum trees that are planted around the perimeter of the site shall be sprayed to permanently stop the trees from bearing fruit each year. o The handicapped parking spaces shall be verified that the requirements of the Americans with Disabilities are met by having the plans stamped by applicant's architect. (This pertains to P & Z item number 8 listed above.) § 11-17-9. 3. The conditions shall be reviewable by the Council pursuant to Meridian City Code The above conditions are concluded to be reasonable and the applicant 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ROLL CALL: COUNCILMAN KEITH BIRD VOTED COUNCILWOMAN TAMMY deWEERD VOTED COUNCILWOMAN CHERIE Mc CANDLESS VOTED COUNCILMAN WILLIAM L.M. NARY VOTED day of MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By:, 2 Dated: CiW Clerk ZRWork~XMeridianXMefidian 15360MXCole Valley Christian Church CUP02-015~IsCUP02-015.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 07/02/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT TO RENOVATE EXISTING OFICE ANDCONVENTION CENTER INTO A PRIVATE JR./SR. HIGH SCHOOL IN AN L-O ZONE, LOCATED AT 200 EAST CARLTON AVEUNE, MERIDIAN, IDAHO JEFFREY L. KING, APPLICANT Case No. CUP-02-015 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the July 4, 2002, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit to renovate existing office and convention center into a private Jr./Sr. High School in an L-O zone located at 200 East Carlton Avenue, 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. Trash Enclosure: The applicant has submitted a revised Site Plan showing the trash enclosures and the building elevations. A trash enclosure shall be added to the ORDER CONDITIONAL USE PERMIT - 1 (CUP-02-015) o ° gymnasium lot and screened in accordance with Ordinance 11-12-1-C. Applicant shall come to an agreement with SSC regarding size and dimension specifics on trash enclosure to be placed in the area of the planned gymnasium. Signs: Applicant's intent is to utilize the existing monument sign presently located on the southwest comer of the property. If the Applicant provides information on additional signage he shall address the number, location, and maximum size of any proposed signs--wall-mounted or freestanding. All such signs shall require a separate sign permit and shall be subject to design review by P&Z staff. Given the historic nature of the structure and its relationship to Old Town, context-sensitive signage is important to blend with the character of the building. Parking: The proposed use requires 215 parking spaces, but only 159 spaces are provided on the subject property, with an additional 33 possibly available via a cross- parking agreement, leaving a deficit of 23 parking stalls. The total parking space issue shall be reviewed and addressed at the time Cole Valley Christian shall be in need of the parking spaces. Applicant shall obtain a variance prior to applying for a Certificate of Zoning Compliance for the gym. Applicant's failure to obtain a variance shall result in down-sizing or elimination &the gym. The Applicant shall address the anticipated parking demand for the office uses that will remain, as well as the proposed school, when such variance is needed. Upon satisfactory resolution of the parking demand versus supply issue, a variance to the parking requirements would be supported. Also, the Applicant shall supply written verification that the Apostolic Bible Church is amenable to the cross-parking agreement and shall work to finalize such cross-parking agreement. Planters/Parking Lot: The proposed site plan does not include planters within the interior of the parking lot. The parking lot is existing and is being modified less than 50%. The requirements of Ordinance 12-13-11-4-B apply to this project, which means that the perimeter landscaping and street buffers are required, but the internal islands are not required until the parking lot is replaced or altered more than 50%. The perimeter landscape strips shown on the proposed landscape plan are sufficient to meet this requirement. Existing Trees: The existing large maple trees along E. 2 lA Street, adjacent to the proposed gym, shall be protected during construction as noted on the proposed plan. Applicant shall verify that the proposed new trees are sufficient to mitigate for the one existing tree proposed for removal. The existing trees surrounding the Meridian Office & Convention Center shall also be protected and retained. Additional Landscaping: Many of the existing landscape strips contain trees, but the ground surrounding them is left heavily populated by weeds. Additional landscaping shall be added to all such areas so that all landscape areas are fully vegetated with grass, shrubs, and/or vegetative groundcover. A pressurized irrigation system shall be required ORDER CONDITIONAL USE PERMIT (CUP-02-015) -2 o 10. 11. 12. 13. 14. 15. to all landscape areas. This shall require some modifications to the existing pressurized irrigation system, as the current system provides bubblers to the trees only, but does not currently water the ground. Existing Structures: The proposed gynmasium site contains two existing structures, which it appears shall be demolished as part of this project. The Applicant shall verify whether or not the existing structures will be demolished when the gymnasium is built. Handicapped parking: The Applicant's architect (CTA Architects) shall verify whether or not the proposed site plan meets the requirements of the Americans with Disabilities Act, and if not, provide a revised site plan showing how the parking shall be modified. Building Height: The proposed gymnasium shall not exceed thirty-five (35) feet high per the Maximum Building Height shown in Ordinance 11-9-1. Building elevations were submitted with the application, but the height is difficult to read, though it appears that it may be 33'-6". The Applicant shall verify the actual height. Applicant shall present a revised elevation plan that shows more variation to the gym design on the Carlton Street side and a revised site plan showing the planned trash enclosure. Setbacks: The proposed structure is subject to all required setbacks of Ordinance 11-9-1 for the L-O zone. The submitted site plan appears to meet all of the required setbacks. Water/sewer: This facility is currently served by the City of Meridian's sanitary sewer and water systems. Existing sanitary sewer and water assessments shall be compared with the anticipated impact, to determine whether additional assessments are warranted. If additional assessments are warranted, Applicant shall pay for them with the issuance of his building permit for tenant improv, ements. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. Existing trees shall be protected and retained in accordance with Meridian City Code 12- 13-13. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11 o 13-4-D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4-D, -F. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. ORDER CONDITIONAL USE PERMIT (CUP-02-015) -3 16. 17. 18. 19. 20. 21. Adopt 1. 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. All drainage water is to be maintained on-site. 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. 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 - 13-4-C. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance (CZC). Per Ordinance 11-17-4-B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder shall acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. the Recommendations of the ACHD as follows: Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. The Applicant should replace any unused curb cuts on 2 ½ Street or Carlton Avenue with standard curb, gutter and concrete sidewalk to match existing improvements. Contact Construction Services at 387-6280 (with file number) for details. 2. Comply with all Standard Conditions of Approval. ORDER CONDITIONAL USE PERMIT (CUP-02-O15) -4 o o o 10. 11. Any existing irrigation facilities shall be relocated outside of the right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. It is the responsibility of the Applicant to verify all existing utilities within the right-of- way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the Applicant or the Applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the Applicant to obtain written confirmation of any change from the Ada County Highway District. Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the Applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the Applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. ORDER CONDITIONAL USE PERMIT (CUP-02-015) -5 12. Comply with all the Standard Requirements of ACHD listed in their report dated May 14, 2002. Adopt the Recommendations of the Meridian Fire Department as follows: Phase II of the project shall require a new fire hydrant to be installed at Washington & 2½ Street to service the new gym. Educational facilities require a fire-flow of 1500 GPM plus the amount required by the fire sprinkler system. 2. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 3. Acceptance of the water supply for fire protection shall be by the Meridian Water Department. 4. All internal roads shall have radii of 28' inside and 48' outside radius. 5. All internal access roads within the project shall have a clear driving surface with a minimum width of 20'. o The Meridian Fire Department requires a fire access road around the proposed building. Such road shall have a 20' wide access road around the building during all phases of construction. The base shall have to be a minimum of 6" pit run with a top layer of 2" of 3A" crushed gravel. 7. The existing fire sprinkler system shall be required to be upgraded to provide coverage in areas affected by the remodeling process per national Fire Protection Standard 13. 8. The existing fire alarm shall be required to be upgraded to provide coverage in areas affected by the remodeling process per National Fire Protection Standard 72. 9. The gymnasium shall be required to comply with the Fire Code requirements for educational occupancies. 10. All modifications to the building shall have to comply with the Building Code. Adopt the Recommendations of the Central District Health Department as follows: 1. If a cafeteria for students is proposed, plans shall be submitted to and approved by CDHD. Adopt the Recommendation of Sanitary Service as follows: ORDER CONDITIONAL USE PERMIT (CUP-02-015) -6 1. Provide waste enclosure plans. Adopt the Recommendations of the Central District Health Department as follows: 1. Ifa cafeteria for the students is proposed, then plans shall be submitted and approved by the Central District Health Department. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. All storm drainage shall be addressed, any storm drainage that leaves the site shall be reviewed and approved by the District. Additionally, comply with the action of the City Council from their meeting held on July 2, 2002 as follows: The application is approved for a junior/senior high school with an auditorium, and that P & Z staff shall monitor the parking requirements to insure that Cole Valley Christian complies with MCC. (This paragraph pertains to P & Z item number 3 listed above.) 2. The plum trees that are planted around the perimeter of the site shall be sprayed each year to insure that no fruit will be produced from them. The handicapped parking spaces shall be verified that the requirements of the Americans with Disabilities are met by having the plans stamped by applicant's architect. (This pertains to P & Z item number 8 listed above.) 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT (CUP-02-015) -7 By action of the City Council at its regular meeting held on the ,2002. R~lbel~ p. Corrie, Mayor City o Meri lan day of Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. .,,,,~:~' o~ '~iiZ",,,. ~ ~lerk IiiiiI ~I i 1 ZSWork~efidian~efidian 15360M~Cole Valley Christian Church CUP02-015~OrderCUP.doc ,. ORDER CONDITIONAL USE PERMIT (CUP-02-015) -8