HomeMy WebLinkAboutNew Meridian Police Station R-8 Zone CUP-00-054BEFORE THE MERIDIAN CITY COUNCIL
C/C 02-06-01
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A NEW
POLICE DEPARTMENT
BUILDING IN AN R-8 ZONE,
MERIDIAN, IDAHO
LOMBARD-CONRAD
APPLICANT.
Case No. CUP-00-054
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 February 6, 2001, at the hour of 7:30 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 Michael Thomas,
and appearing and testifying with comments was John Anderson of the Nampa &
Meridian Irrigation District, 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 AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-O0-054)
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for
two (2) consecutive weelcs prior to the said public hearing scheduled for February 6, 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
February 6, 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 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. The property is located south of Franldin Road and west of Locust Grove
Road, Meridian, Idaho.
4. The owner of record of the subject property is the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-00-054)
5. Applicant is City of Meridian.
6. The subject property is currently zoned R-8. The zoning district of R-8 is
defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
7. The proposed application requests a conditional use permit for construction
of a 35,208 s.f. police station. The R-8 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 ).
8. The Meridian City Council recognizes that the proposed application is in
compliance with the Meridian Comprehensive Plan.
9. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
10. The Meridian City Council takes judicial notice of its Zoning,
Subdivision and Development Ordinances codified at Titles ! 1 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.
11. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-O0-054)
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:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
11.1
Sanitary sewer service to this site is not available at this time. Service will
have to be extended from a future main to be installed within the future
Watertower Road. Until service is available, sanitary restrictions shall
remain in force on the subject parcel.
11.2
Water service to this site is not available at this time. Service will have to
be extended from a future main to be installed within the future Watertower
Road. Until service is available, sanitary restrictions shall remain in force on
the subject parcel. Flow and pressure shall be monitored with the Meridian
Water Department as part of the design process. It as anticipated that water
pressures will be in the range of 50psi.
11.3 Assessments for sewer and water service are determined during the building
permit application process.
11.4
In accordance with City Ordinance 11-13-4.B.2., underground year-round
pressurized irrigation must be provided to all landscape areas on site.
Applicant shall submit hook-up and design details based on the proposed
landscaping. Applicant shall be required to utilize any existing surface or well
water for the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the landscaped
areas.
11.5
Existing Development Agreement Terms: A Development Agreement (DA)
is binding on the subject property. Since Howell Murdoch Development
Corp. was the developer who signed the DA, they are ultimately responsible
to' the City for completion of these requirements. The DA requires a CUP
for the police station/department and also contains several special conditions
that must be met on this property. Staff has reviewed the DA conditions and
listed below several conditions that must be completed as part of the
annexation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-00-054)
4
Item #5.1 - Any existing irrigation/drainage ditches crossing the property
shall be tiled per City Ordinance. No variances were requested at the time
of annexation. The applicant requested a wavier, see ! 1.32 on page 9, as
approved by City Council.
Item #5.15 - A minimum 20-foot landscape buffer beyond all right-of-way
shall be required. (The proposed Site Plan meets this requirement along
Watertower Lane.)
Item #5.17 - Requires dedication of right-of-way from centerline of Locust
Grove Road abutting the parcel by means of a final plat or by recorded
Warranty Deed prior to the issuance of any building permits. (A copy of said
deed should be provided to the P&Z Department at the time of Certificate
of Zoning submittal.)
Item # 14, page 9, of the DA states that no Certificates of Occupancy will be
issued on this ground "until all infrastructure and other improvements which
are imposed by the terms of this agreement, the annexation ordinance, and
the CUP are completed," unless there is an amendment. Staff understands
this condition to apply to the above-mentioned conditions.
11.6
Ordinance 11-13-5.B. requires one (1) parldng stall per 600 s.f. of floor area
plus one (1) for each vehicle used in the conduct of the operation. The
Applicant shall provide the estimated number of vehicles to be parked at the
site in order for the City to confirm the parking ratio is met by the plan. The
plan shows a total of 76 public parking stalls in front of the building and
150 at the rear to serve the station, which appears to exceed the required
minimum, even under the projected 42,000 s.f. build-out scenario.
11.7
For 226 parking spaces, ADA requires a minimum of six (6) standard
handiCap accessible stalls and one (1) van accessible stall, for a total of seven
(7) handicap accessible stalls. The Site Plan proposes eight (8) stalls, all of
which could be van accessible. The plan meets the minimum standard.
11.8
The Applicant did not submit any details on the anticipated improvement
schedule or potential uses of the 3-acre area designated as "Future Green
Space." The Applicant should be prepared to discuss possible uses and
anticipated timeframes with the P&Z Commission and Council. At a
minimum, this 3-acre area must be kept free of weeds over 8-inches tall to
prevent fire hazards. Since the R-8 zone only allows residential, schools and
public service facilities, all other uses on this 3-acre area will require a
Conditional Use Permit.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-00-054)
-5
11.9
11.10
11.11
11.12
11.13
11.14
11.15
11.16
11.17
11.18
Applicant shall provide the building height. A Variance application must be
submitted if the height exceeds the 35-foot maximum.
The proposed Landscape Site Plan shows several trees within the
Watertower Lane right-of-way which shall be moved outside the right-of-way
for the final Certificate of Zoning Compliance submittal.
Applicant shall provide a double-end planter at the north end of the double
parking row in the east private parking lot and be planted with two (2) trees
to match the planter at the south end of the parking row.
Applicant shall provide the type of construction and height of fencing
planned along the east and southern property lines.
The pre-manufactured maintenance building along the south property line
shall be setback a minimum of 15 feet from the property line.
The Applicant shall provide two (2) flee-standing signs on the site, one per
entrance with the maximum background area limited to 32 s.f. and the
height limited to six (6) feet. Both signs shall be outside the sight triangles
and be setback a minimum of 5 feet from the property line.
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.
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.
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 site drainage shall be contained and
disposed of on-site.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-O0-054)
6
11.19
Any existing domestic wells and/or septic systems within this project will
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.
11.20
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 will need to be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department. The applicant requested a wavier, see 11.32 on page 9, as
approved by City Council.
11.21
Applicant shall provide a minimum of one ( 1 ) three-inch (3") caliper tree per
1,500 sq. ft. of asphalt area on the site in accordance with City Ordinance
Section 11-13-4.B.3.c.
11.22
All trash and/or garbage collection areas shall be endosed on at least three
(3) sides in accordance with City Ordinance Section 11-12-1 .C. Applicant
shall coordinate trash enclosure locations and construction requirements
with Sanitary Service Company (SSC) and provide a letter of approval from
SSC to the Planning & Zoning Department prior to applying for building
permits.
11.23 Provide five-foot-wide sidewalks in accordance with City Ordinance Section
12-5-2.K.
11.24 All construction shall conform to the requirements of the Americans with
Disabilities Act.
Adopt the Recommendations of the Meridian Fire Department as follows:
11.25 Applicant shall comply with all codes pertaining to water supply, hydrants,
and fire sprinkler system.
Adopt the Recommendations of the Ada County Highway District as follows:
11.26 Applicant shall extend Watertower Lane abutting the site for the entire
length of the parcel, approximately 1,100 feet east of the existing road
terminus. The road shall be constructed as a 40-foot street section with
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-O0-054)
-7
curb, gutter, and 5-foot sidewalks on both sides of the roadway within 58-
feet of right-of-way.
11.27
Applicant shall align the westemmost driveway with Adkins Street
(extended) as proposed. Applicant shall construct the easternmost driveway
approximately 350-feet east of Adkins Street as proposed.
11.28 Applicant shall pave the driveways to their full-required width to a point 30-
feet beyond the edge of pavement of Watertower Lane.
11.29 Applicant shall comply with all the Standard Requirements of the ACHD.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
11.30 The Nampa &Meridian Irrigation District's Hunter Lateral courses through
the middle of this proposed project. Any encroachments within the
easement of the Hunter Lateral without written approval are unacceptable.
Adopt the Recommendations of the Central District Health Department as follows:
11.31
NO objections provided the building is served by central sewer and water.
Additionally, it is recommended that storm water be pre-treated through a
grassy swale prior to discharge to the subsurface to prevent impact to ground
water and surface water quality. The engineers and architects involved with
the design of this project should obtain current best management practices
for storm water disposal and design a storm water management system that
is preventing ground water and surface water degradation. Manuals that
could be used for guidance are:
11.31.1
State of Idaho Catalog of Stormwater Best Management
Practices For Idaho Cities and Counties.
Prepared by the Idaho Division of Environmental Quality, July
1997.
11.31.2
Stormwater Best Management Practices Gudiebook.
Prepared by City of Boise Public Works Department, JanUary
1997.
Adopt the condition from the City Councils' action taken at their meeting held on
February 6, 2001, as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-O0-054)
-8
11.32 The applicant is granted a waiver from tiling the Hunter Lateral with
the condition that there shall be no landscaping or improvements on
the Nampa & Meridian Irrigation District's easement without first
obtaining the Nampa & Meridian Irrigation District's approval.
12. 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:
12.1 The subject property is designated on the "Generalized
Land Use Map" as "Single Family Residential".
13. 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.
14. The uses proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
15. 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.
16. 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-00-054)
-9
17. 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, Tide 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 Tides 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.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-00-054)
10
fo
facilities and
community;
same that the evidential showing supports the finding that the following standards are met
and that the proposed development: (Meridian City Code § ! 1-17-3)
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;
d. Will not be hazardous or disturbing to existing or future neighboring uses;
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;
Will not create excessive additional requirements at public cost for public
services and will not be detrimental to the economic welfare of the
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 a Medium Density Residential
District (R-8), 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-00-054)
11
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 ! 5 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)
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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-00-054)
12
F. Require the provision for on-site public fadlities 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 hereby ORDER and this
does Order that:
1. That the above named applicant is granted a conditional use permit for
construction of a 35,208 s.f. police station in the R-8 zone, subject to the following
conditions of use and development:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1.1
Sanitary sewer service to this site is not available at this time. Service will
have to be extended from a future main to be installed within the future
Watertower Road. Until service is available, sanitary restrictions shall
remain in force on the subject parcel.
1.2
Water service to this site is not available at this time. Service will have to
be extended from a future main to be installed within the future Watertower
Road. Until service is available, sanitary restrictions shall remain in force on
the subject parcel. Flow and pressure shall be monitored with the Meridian
Water Department as part of the design process. It as anticipated that water
pressures will be in the range of 50psi.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-O0-054)
13
1.3
1.4
1.5
1.6
Assessments for sewer and water service are determined during the building
permit application process.
In accordance with City Ordinance 11-13-4.B.2., underground year-round
pressurized irrigation must be provided to all landscape areas on site.
Applicant shall submit hook-up and design details based on the proposed
landscaping. Applicant shall be required to utilize any existing surface or well
water for the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the landscaped
areas.
Existing Development Agreement Terms: A Development Agreement (DA)
is binding on the subject property. Since Howell Murdoch Development
Corp. was the developer who signed the DA, they are ultimately responsible
to the City for completion of these requirements. The DA requires a CUP
for the police station/department and also contains several special conditions
that must be met on this property. Staff has reviewed the DA conditions and
listed below several conditions that must be completed as part of the
annexation.
Item #5.1 - Any existing irrigation/drainage ditches crossing the property
shall be tiled per City Ordinance. No variances were requested at the time
of annexation. The applicant requested a wavier, see !.32 on page 18, as
approved by City Council.
Item #5.15 - A minimum 20-foot landscape buffer beyond all right-of-way
shall be required. (The proposed Site Plan meets this requirement along
Watertower Lane.)
Item #5.17 - Requires dedication of right-of-way from centerline of Locust
Grove Road abutting the parcel by means of a final plat or by recorded
Warranty Deed prior to the issuance of any building permits. (A copy of said
deed should be provided to the P&.Z Department at the time of Certificate
of Zoning submittal.)
Item # 14, page 9, of the DA states that no Certificates of Occupancy will be
issUed on this ground "until all infrastructure and other improvements which
are imposed by the terms of this agreement, the annexation ordinance, and
the CUP are completed," unless there is an amendment. Staff understands
this condition to apply to the above-mentioned conditions.
Ordinance 11-13-5.B. requires one (1) parking stall per 600 s.f. of floor area
plus one (1) for each vehicle used in the conduct of the operation. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-00-054)
14
1.7
1.8
Applicant shall provide the estimated number of vehicles to be parked at the
site in order for the City to confirm the parldng ratio is met by the plan. The
plan shows a total of 76 public parking stalls in front of the building and
150 at the rear to serve the station, which appears to exceed the required
minimum, even under the projected 42,000 s.f. build-out scenario.
For 226 parking spaces, ADA requires a minimum of six (6) standard
handicap accessible stalls and one (1) van accessible stall, for a total of seven
(7) handicap accessible stalls. The Site Plan proposes eight (8) stalls, all of
which could be van accessible. The plan meets the minimum standard.
The Applicant did not submit any details on the anticipated improvement
schedule or potential uses of the 3-acre area designated as "Future Green
Space." The Applicant should be prepared to discuss possible uses and
anticipated timeframes with the P&Z Commission and Council. At a
minimum, this 3-acre area must be kept free of weeds over 8-inches tall to
prevent fire hazards. Since the R-8 zone only allows residential, schools and
public service facilities, all other uses on this 3-acre area will require a
Conditional Use Permit.
1.9
1.10
1.11
1.12
1.13
1.14
Applicant shall provide the building height. A Variance application must be
submitted if the height exceeds the 35-foot maximum.
The proposed LandScape Site Plan shows several trees within the
Watertower Lane right-Of-way which shall be moved outside the right-of-way
for the final Certificate of Zoning Compliance submittal.
Applicant shall provide a double-end planter at the north end of the double
parking row in the east private parking lot and be planted with two (2) trees
to match the planter at the south end of the parking row.
Applicant shall provide the type of construction and height of fencing
planned along the east and southern property lines.
The pre-manufactured maintenance building along the south property line
shall be setback a minimum of 15 feet from the property line.
The Applicant shall provide two (2) free-standing signs on the site, one per
entrance with the maximum badcground area limited to 32 s.f. and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-O0-054)
15
1.15
height limited to six (6) feet. Both signs shall be outside the sight triangles
and be setback a minimum of 5 feet from the property line.
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.
1.16
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.
1.17
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 site drainage shall be contained and
disposed of on-site.
1.18
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.Ci
1.19
Any existing domestic wells and/or septic systems within this project will
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.
1.20
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 will need to be approved by the
appropriate irrigation/drainage district, or lateral users association, with
written confirmation of said approval submitted to the Public Works
Department. The applicant requested a wavier, see 1.32 on page 18, as
approved by City Council.
1.21
Applicant shall provide a minimum of one (1) three-inch (3") caliper tree per
1,500 sq. ft. of asphalt area on the site in accordance with City Ordinance
Section 11-13-4.B.3.c.
1.22
All trash and/or garbage collection areas shall be endosed on at least three
(3) sides in accordance with City Ordinance Section 11-12-1.C. Applicant
shall coordinate trash enclosure locations and construction requirements
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-O0-054)
16
with Sanitary Service Company (SSC) and Provide a letter of approval from
SSC to the Planning & Zoning Department prior to applying for building
permits.
1.23 Provide five-foot-wide sidewalks in accordance with City Ordinance Section
12-5-2.K.
1.24 All construction shall conform to the requirements of the Americans with
Disabilities Act.
Adopt the Recommendations of the Meridian Fire Department as follows:
1.25 Applicant shall comply with all codes pertaining to water supply, hydrants,
and fire sprinlder system.
Adopt the Recommendations of the Ada County Highway District as follows:
1.26
Applicant shall extend Watertower Lane abutting the site for the entire
length of the parcel, approximately 1,100 feet east of the existing road
terminus. The road shall be constructed as a 40-foot street section with
curb, gutter, and 5-foot sidewalks on both sides of the roadway within 58-
feet of right-of-way.
1.27
Applicant shall align
(extended) as proposed.
approximately 350-feet
the westernmost driveway with Adldns Street
Applicant shall construct the easternmost driveway
east of Adkins Street as proposed.
1.28 Applicant shall pave the driveways to their full-required width to a point 30-
feet beyond the edge of pavement of Watertower Lane.
1.29 Applicant shall comply with all the Standard Requirements of the ACHD.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1.30
The Nampa &Meridian Irrigation District's Hunter Lateral courses through
the middle of this proposed project. Any encroachments within the
easement of the Hunter Lateral without written approval are unacceptable.
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
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-O0-054)
17
1.31
N° objections provided the building is served by central sewer and water.
Additionally, it is recommended that storm water be pre-treated through a
grassy swale prior to discharge to the subsurface to prevent impact to ground
water and surface water quality. The engineers and architects involved with
the design of this project should obtain current best management practices
for storm water disposal and design a storm water management system that
is preventing ground water and surface water degradation. Manuals that
could be used for guidance are:
1.31.1
State of Idaho Catalog of Stormwater Best Management
Practices For Idaho Cities and Counties.
Prepared by the Idaho Division of Environmental Quality, July
1997.
1.31.2
Stormwater Best Management Practices Gudiebook.
Prepared by City of Boise Public Works Department, January
1997.
Adopt the condition from the City Councils' action tal<en at their meeting held on
February 6, 2001, as follows:
1.32
The applicant is granted a waiver from tiling the Hunter Lateral with the
condition that there shall be no landscaping or improvements on the Nampa
& Meridian Irrigation District's easement without first obtaining the Nampa
& Meridian Irrigation District's approval.
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 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-O0-054)
18
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 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
of /~/'T~.~t.J, 2001.
ROLL CALL:
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BP, ZAKER)
DATED:
VOTED ~~
VOTED ~5~.---
VOTED ~{t..,
VOTED ~
MOTION:
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-00-054)
19
APPROVED:~~~:~-
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney
By - a, /,
City Clerk ~ ~ ~'~
ms~Z:~Work~eridian~eridian 15360~eri~~ ~ ' dings054
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION
AND ORDER GRANTING CONDITIONAL USE PERMIT
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / (CUP-00-054)
- 20
BEFORE THE MERIDIAN CITY COUNCIL
C/C 02-06-01
IN THE MATTER OF THE APPLICATION OF
LOMBARD-CONRAD, FOR A
CONDITIONAL USE PERMIT FOR A NEW
POLICE DEPARTMENT BUILDING IN AN
R-8 ZONE, MERIDIAN, IDAHO
CASE NO. CUP-00-054
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on the 6TM day of February, 2001,
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:
1. That the Applicant of the property is granted a conditional use permit for
construction of a 35,208 s.f. police station in the R-8 zone, the proposed application
request of a conditional use permit for the construction, maintenance and use for a
35,208 s.f. police station in the R-8 zone, as described in the "Conceptual Site Plan"
and "Landscape Site Plan", which are on file with the City Clerk's office, by
Lombard- Conrad, developer, for the development of the aforementioned
construction of a 35,208 s. f. police station in the R-8 zone, and which property is
described as:
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / CUP-00-054
PAGE 1 OF 8
A parcel of land located in the North ~/~ of the Southeast 1/4 of the Northeast 1/4 of
Section 18, Township 3 North, Range 1 East, of the Boise Meridian, Ada County,
Idaho, more particularly described as follows:
Commencing at the Northeast corner of said Section 18, said corner being common
to Sections 7, 8, 17 and 18 of said Township and Range; thence
South 00°31'15" West a distance of 1,991.18 feet along the Easterly line of the
Northeast 1/4 of said Section 18 to a point on the Southerly line of the North 1/2 of
the Southeast 1/4 of the Northeast 1/4 of said Section 18; thence
South 89°36'01.. West 316.37 feet along said Southerly line to the TRUE POINT OF
BEGINNING; thence
South 89°36'01'' West a distance of 1,009.82 feet along said Southerly line to the
Southwest corner of the North lA of the Southeast 1/4 of the Northeast 1/4 of said
Section 18; thence
North 00029'35'' East a distance of 431.91 feet along the Westerly line of said North
1/2 of the Southeast 1/4 of the Northeast 1/4 of said Section 18; thence leaving said
Westerly line,
North 89039'40'' East a distance of 1,010.01 feet; thence
South 00°31'15" West a distance of 430.84 feet and parallel with the Easterly line of
the North V2 of the Southeast 1/4 of the Northeast 1/4 of said Section 18 to the
POINT OF BEGINNING, said point being on the Southerly line of the North 1/2 of
the Southeast 1/4 of the Northeast 1/4 of said Section 18.
2. That the above named applicant is granted a conditional use permit for
construction of a 35,208 s.f. police station in the R-8 zone, located south of Franldin
Road and west of Locust Grove 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:
2.1
Sanitary sewer service to this site is not available at this time. Service will
have to be extended from a future main to be installed within the future
Watertower Road. Until service is available, sanitary restrictions shall remain
in force on the subject parcel.
2.2
Water service to this site is not available at this time. Service will have to be
extended from a future main to be installed within the future Watertower
Road. Until service is available, sanitary restrictions shall remain in force on
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / CUP-00-054
PAGE 2 OF 8
2.3
2.4
the subject parcel. Flow and pressure shall be monitored with the Meridian
Water Department as part of the design process. It as anticipated that water
pressures will be in the range of 50psi.
Assessments for sewer and water service are determined during the building
permit application process.
In accordance with City Ordinance 11-13-4.B.2., underground year-round
pressurized irrigation must be provided to all landscape areas on site.
Applicant shall submit hook-up and design details based on the proposed
landscaping. Applicant shall be required to utilize any existing surface or well
water for the primary source. If City water is proposed as a secondary source,
developer shall be responsible to pay water assessments for the landscaped
2.5
Existing Development Agreement Terms: A Development Agreement (DA) is
binding on the subject property. Since Howell Murdoch Development Corp.
was the developer who signed the DA, they are ultimately responsible to the
City for completion of these requirements. The DA requires a CUP for the
police station/department and also contains several special conditions that
must be met on this property. Staff has reviewed the DA conditions and listed
below several conditions that must be completed as part of the annexation.
Item #5.1 - Any existing irrigation/drainage ditches crossing the
property shall be tiled per City Ordinance. No variances were requested
at the time of annexation. The applicant requested a waiver, see 2.32
on page 7, as approved by City Council.
Item #5.15 - A minimum 20-foot landscape buffer beyond all right-of-
way shall be required. (The proposed Site Plan meets this requirement
alOng Watertower Lane.)
Item #5. ! 7 - Requires dedication of right-of-way from centerline of
Locust Grove Road abutting the parcel by means of a final plat or by
recorded Warranty Deed prior to the issuance of any building permits.
(A copy of said deed should be provided to the P&Z Department at the
time of Certificate of Zoning submittal.)
Item # 14, page 9, of the DA states that no Certificates of Occupancy
will be issued on this ground "until all infrastructure and other
improvements which are imposed by the terms of this agreement, the
annexation ordinance, and the CUP are completed," unless there is an
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / CUP-00-054
PAGE 3 OF 8
amendment. Staff understands this condition to apply to the above-
mentioned conditions.
2.6
Ordinance 11-13-5.B. requires one (1) parking stall per 600 s.f. of floor area
plus one ( 1 ) for each vehicle used in the conduct of the operation. The
Applicant shall provide the estimated number of vehicles to be parked at the
site in order for the City to confirm the parking ratio is met by the plan. The
plan shows a total of 76 public parking stalls in front of the building and 150
at the rear to serve the station, which appears to exceed the required
minimum, even under the projected 42,000 s.f. build-out scenario.
2.7
For 226 parldng spaces, ADA requires a minimum of six (6) standard handicap
accessible stalls and one (1) van accessible stall, for a total of seven (7)
handicap accessible stalls. The Site Plan proposes eight (8) stalls, all of which
could be van accessible. The plan meets the minimum standard.
2.8
The Applicant did not submit any details on the anticipated improvement
schedule or potential uses of the 3-acre area designated as "Future Green
Space." The Applicant should be prepared to discuss possible uses and
anticipated timeframes with the P&Z Commission and Council. At a
minimum, this 3-acre area must be kept free of weeds over 8-inches tall to
prevent fire hazards. Since the R-8 zone only allows residential, schools and
public service facilitieS, all other uses on this 3-acre area will require a
Conditional Use Permit.
2.9
Applicant shall provide the building height. A Variance application must be
submitted if the height exceeds the 35-foot maximum.
2.10
The proposed Landscape Site Plan shows several trees within the Watertower
Lane right-of-way which shall be moved outside the right-of-way for the final
Certificate of Zoning Compliance submittal,
2.11
Applicant shall provide a double-end planter at the north end of the double
parldng row in the east private parking lot and be planted with two (2) trees to
match the planter at the south end of the parking row.
2.12 Applicant shall provide the type of construction and height of fencing planned
along the east and southern property lines.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / CUP-00-054
PAGE 4 OF 8
2.13
2.14
2.15
2.16
2.17
The pre-manufactured maintenance building along the south property line
shall be setback a minimum of 15 feet from the property line.
The Applicant shall provide two (2) free-standing signs on the site, one per
entrance with the maximum background area limited to 32 s.f. and the height
limited to six (6) feet. Both signs shall be outside the sight triangles and be
setback a minimum of 5 feet from the property line.
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.
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.
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 site drainage shall be contained and disposed of
on-site.
2.18
2.19
2.20
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.
Any existing domestic wells and/or septic systems within this project will 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.
Ail 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 will need to be approved by the
appropriate irrigation/drainage district, or lateral users association, with written
confirmation of said approval submitted to the Public Works Department.
The applicant requested a waiver, see 2.32 on page 7, as approved by City
Council.
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / CUP-00-054
PAGE 5 OF 8
2.21
Applicant shall provide a minimum of one (1) three-inch (3") caliper tree per
1,500 sq. ft. of asphalt area on the site in accordance with City Ordinance
Section 11-13-4.B.3.c.
2.22
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. Applicant shall
coordinate trash enclosure locations and construction requirements with
Sanitary Service Company (SSC) and provide a letter of approval from SSC to
the Planning & Zoning Department prior to applying for building permits.
2.23 Provide five-foot-wide sidewalks in accordance with City OrdinanCe Section
12-5-2.K.
2.24 All construction shall conform to the requirements of the Americans with
Disabilities Act.
Adopt the RecOmmendations of the Meridian Fire Department as follows:
2.25 Applicant shall comply with all codes pertaining to water supply, hydrants, and
fire sprinlder system.
Adopt the Recommendations of the Ada County Highway District as follows:
2.26
Applicant shall extend Watertower Lane abutting the site for the entire length
of the parcel, approximately 1,100 feet east of the existing road terminus. The
road shall be constructed as a 40-foot street section with curb, gutter, and 5-
foot sidewalks on both sides of the roadway within 58-feet of right-of-way.
2.27
Applicant shall align the westernmost driveway with Adkins Street (extended)
as proposed. Applicant shall construct the easternmost driveway
approximately 350-feet east of Adldns Street as proposed.
2.28 Applicant shall pave the driveways to their full-required width to a point 30-
feet beyond the edge of pavement of Watertower Lane.
2.29 Applicant shall comply with all the Standard Requirements of the ACHD.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / CUP-00-054
PAGE 6 OF 8
2.30
The Nampa & Meridian Irrigation District's Hunter Lateral courses through
the middle of this proposed project. Any encroachments within the easement
of the Hunter Lateral without written approval are unacceptable.
Adopt the Recommendations of the Central District Health Department as follows:
2.31
No objections provided the building is served by central sewer and water.
Additionally, it is recommended that storm water be pre-treated through a
grassy swale prior to discharge to the subsurface to prevent impact to ground
water and surface water quality. The engineers and architects involved with
the design of this project should obtain current best management practices for
storm water disposal and design a storm water management system that is
preventing ground water and surface water degradation. Manuals that could
be used for gUidance are:
2.31.1
State of Idaho Catalog of Stormwater Best Management
Practices For Idaho Cities and COunties.
Prepared by the Idaho Division of Environmental Quality,
July 1997.
2.31.2
Stormwater Best Management Practices Gudiebook.
Prepared by City of Boise Public Works Department,
January 1997.
Adopt the condition from the City Councils' action taken at their meeting held
on February 6, 2001, as follows:
2.32
The applicant is granted a waiver from tiling the Hunter Lateral with
the condition that there shall be no landscaping or improvements on the
Nampa & Meridian Irrigation District's easement without first
obtaining the Nampa & Meridian Irrigation District's approval.
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.
By action of the City Council at its regUlar meeting held on the ~O ~ day of
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / CUP-00-054
PAGE 7 OF 8
/..M~.~t D. Corri~, K4ayor City of Meridian
City Clerk // //
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney. . ~.~nm-.-
msg/Z:\WorkWILMeridian~leridian 15360M~efidi~PoliceDeptC~OS4'CUPOrderO54 ~.~' ~q
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -
BY LOMBARD-CONRAD / NEW POLICE DEPARTMENT R-8 ZONE / CUP-00-054
PAGE 8 OF 8