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HomeMy WebLinkAboutResolution Business Park CUP-00-015BEFORE THE MERIDIAN CITY COUNCIL 06-14-00 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP, FITNESS CENTER, RESTAURANT, LOCI(ER ROOMS, EQUIPMENT STORAGE AND ARENAS ZONED L-O ZONE LOCATED AT LOCUST GROVE AND OVERLAND ROADS, MERIDIAN, IDAHO PAT McI(EEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) APPLICANT. Case No. CUP-O0-O15 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 June 6, 2000, 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 Becky Bowcutt, Briggs Engineering, Inc., and appearing and testifying with comments or concerns were: Marion Burtell, Ted Suthefland, Bruce Waite, Dave Sheppard, John Shipley, Lacey White, FINDINGS OF FACTAND CONCLUSIONS OF LAWAND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PAT MclLEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP, FITNESS CENTER, RESTAURANT, LOCI(ER ROOMS, EQUIPMENT STORAGE AND ARENAS ZONED L-O / (CUP-00-0 ] 5) - 1 Norma Gale, and Michelle Barton, 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, Contusions 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 (2) consecutive weeks prior to the said public hearing scheduled for June 6, 2000, 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 w~re made available to newspaper, radio and television stations as public service announcements; and the matter having been dtfly considered by the City Council at the June 6, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the plmming jurisdiction of the City of Meridian, having been: given full opportunity to express comments and submit evidence. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP, FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT STORAGE AND ARENAS ZONED L-O / (CUP-00-OIS) -2 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 Ada Cotmty (R-T) and Meridian (R- 4), 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 the SE comer of Overland Road and S. Locust Grove Roadi Meridian, Idaho. 5. The owners of record of the subject property are G. L. Voigt of Idaho Falls and R. Craig Groves of Boise. 6. Applicant is Pat McKeegan for Lee Smith of Boise. 7. The subject property is currently zoned Ada County (R-T) and Meridian R-4. There is a current application and recommendation before the Meridian City Council for rezoning to L-O and C-N. The zoning districts of L-O and C-N are defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use pem~it for an Ice Arena consisting of an office, pro shop, fitness center, restaurant, locker rooms, equipment storage and arenas. The zoning designation within the City of Meridian Zoning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP, FITNESS CENTER, RESTAURANT, LOCI(ER ROOMS, EQUIPMENT STORAGE AND ARENAS ZONED L-O / (CUP-00-O15) -3 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 Meridian City Council talces 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. 12. ' Giving due consideration to the comment received from the goven~mental 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: Adopt the Recommendations of the Planning and Zoning and Engineering departments as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP, FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT STORAGE AND ARENAS ZONED L-O / (CUP-00-015) - 4 12_8 This project is part of a multi-faceted requested development including annexation, rezoning, preliminary plat and three (3) conditional use : permits and conditional reconm~endations contained in AZ-O0-004, RZ- 00-003, PP-00-006, CUP-00-O 15, CUP-O0-016 and CUP-00-017, will apply where relevant. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 12.1 All requirements provided in the PD-C section that apply to Site "C" (ice arena) shall be incorporated here. 12.2 A minimum of seven (7) handicap accessible spaces must be provided to : directly serve this facility. Additional Recommendations and/or comments from Meridian Fire Department, Central District Health Department, Nampa & Meridian Irrigation District, and the Waste Water Treatment Plant are as follows: 12.3 The Meridian Fire Department requires that all codes, hydrants, fire sprinlder systems shall be met. Roads shall be constructed before building to be started. The Central District Health Department requires that written approval for the central sewage and central shall be submitted for their approval. Additionally, plans for the central sewage and central water shall be approved by the Idaho Department of Health & Welfare, Division of Environment Quality. Run-off is not to create a mosquito breeding problem. 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. Best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals for guidance are: 12.4.1 State of Idaho Catalog f Storm~vater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environment Quality, July 1997. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PAT MclrdiiEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP, FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT STORAGE AND ARENAS ZONED L-O / (CUP-O0-O15) -5 12.4.2Storm~vater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. 12.5 The Nampa & Meridian Irrigation District notes that the Hunter Lateral courses along the west boundary of the proposed project. The District reserves the right to claim what they deem necessary to operate and maintain the Hunter Lateral. All storm drainage shall be retained on site. 12.6 The Waste Water Treatment Plant requires a minimum thousand gallon grease and sedimentation interceptor. 13. The proposed uses within the subject application will be harmonious with and in:accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Conunerdal". 14. 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 vidnity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. : The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP, FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT STORAGE AND ARENAS ZONED L-O / (CUP-00-015) -6 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the destruction, loss or doanage 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 P1oaming 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 Coun(fl of the City of Meridian has established by the passage of the "City of Meridian Zoning mad 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP, FITNESS CENTER, RESTAURANT, LOCI(ER ROOMS, EQUIPMENT STORAGE AND ARENAS ZONED L-O / (CUP-00-015) - 7 allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the Sallie area; 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 highway& streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. : Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions Of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffiC, noise, smoke, fumes, glare or odors; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PAT McI(EEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP, FITNESS CENTER, RESTAURANT, LOCI(ER ROOMS, EQUIPMENT STORAGE AND ARENAS ZONED L-O / (CUP-O0-Oi5) -8 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 Limited Office District (L- O) and Neighborhood Business District (C-N), 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 m~der 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 contusion of the public hearing the Conunission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shah 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PAT Mcl(EEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP, FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT STORAGE AND ARENAS ZONED L-O / (CUP-00-015) -9 Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. : That the above named applicant is granted a conditional use permit for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP, FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT STORAGE AND ARENAS ZONED L-O/(CUP-O0-O15) - 10 an Ice Arena consisting of an office, pro shop, fitness center, restaurant, locker rooms, equipment storage and arenas, subject to the following conditions of use and developmem: Adopt the Recommendations of the Planning and Zoning and Engineering departments as follows: This project is part of a multi-faceted requested development including annexation, rezoning, preliminary plat and three (3) conditional use permits and conditional recommendations contained in AZ-00-004, RZ- 00-003, PP-00-006, CUP-00-015, CUP-00-016 and CUP-00-017, will apply where relevant. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1.1 All requirements provided in the PD-C section that apply to Site "C" (ice arena) shall be incorporated here. 1.2 A nrinimum of seven (7) handicap accessible spaces must be provided to directly serve this facility. Additional Recommendations and/or comments from Meridian Fire Department, Central District Health Department, Nampa & Meridian Irrigation District, and the Waste Water Treatment Plant are as follows: 1.3 The Meridian Fire Department requires that all codes, hydrants, fire sprinkler systems shall be met. Roads shall be constructed before building to be started. 1.4 The Central District Health Department requires that written approval · for the central sewage and central shall be submitted for their approval. : Additionally, plans for the central sewage and central water shall be approved by the Idaho Department of Health & Welfare, Division of Environment Quality. Run-off is not to create a mosquito breeding problem. That storm water be pre-treated through a gassy swale prior to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP, FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT STORAGE AND ARENAS ZONED L-O / (CUP-O0-015) - 11 discharge to the subsurface to prevent impact to ground water and surface water quality. Best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals for guidance are: 1.4.1 State of Idaho Catalog f Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environment Quality, July 1997. 1.4.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. 1.5 1.6 The Nampa & Meridian Irrigation District notes that the Hunter Lateral courses along the west boundary of the proposed project. The District reserves the right to claim what they deem necessary to operate and maintain the Hunter Lateral. All storm drainage shall be retained on site. The Waste Water Treatment Plant requires a minimum thousand gallon · grease and sedimentation interceptor. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are conduded 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 Departmem, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP, FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT STORAGE AND ARENAS ZONED L-O / (CUP-O0-O15) - 12 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 day of ~TW-bto'-~ ,2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED COUNCILPERSON KEITH BIRD VOTED COUNCILMAN TAMMY deWEERD VOTED COUNCILMAN CHERIE McCANDLESS VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: VOTED <_ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP, FITNESS CENTER, RESTAURANT, LOCI(dER ROOMS, EQUIPMENT STORAGE AND ARENAS ZONED L-O / (CUP-O0-O15) - 13 MOTION: AppROVED:~==~ DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By: ~_//J~..~//~ ~- Dated: ms~Z:kWork~eri~an 15360~esolufion Business Park ~ ~ CUP P~C~Findingsl5 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) FOR "THE POND" ICE ARENA CONSISTING OF OFFICE, PRO SHOP, FITNESS CENTER, RESTAURANT, LOCKER ROOMS, EQUIPMENT STORAGE AND ARENAS ZONED L-O / (CUpo00-015) - i4 BEFORE THE MERIDIAN CITY COUNCIL 06-14-00 IN THE MATTER OF THE APPLICATION OF ) PAT McKEEGAN (REPRESENTATIVE FOR LEE) SMITH' ICE ARENA) FOR A CONDITIONAL ) USE PERMIT FOR "THE POND" ICE ARENA ) CONSISTING OF OFFICE, PRO SHOP, ) FITNESS CENTER, RESTAURANT, LOCKER ) ROOMS, EQUIPMENT STORAGE AND ) ARENAS ZONED L-O ZONE LOCATED AT ) LOCUST GROVE AND OVERLAND ROADS, ) MERIDIAN, IDAHO ) .) CASE NO. CUP-00-015 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 20m day of June, 2000, 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 adtion: 1. That the Applicant of the property is granted a conditional use permit for an Ice Arena consisting of an office, pro shop, fitness center, restaurant, locker rooms, equipment Storage and arenas, the proposed application request of a conditional use permit for the construction, development, maintenance and use for an Ice Arena consisting of an office, pro shop, fitness center, restaurant, locker rooms, equipment storage and'arenas, as described in the PRELIMINARY SITE PLAN - SITE "C", DWG Date: 02/01/00 MNM, DWG NO. 990123, SHEET 3 OF 3 SITE "C", ~VIIL- PRE1. MNM, RESOLUTION SUBDIVISION, BRIGGS ENGINEERING, INC. ARCHITECT, and PAT McKEAGAN (REP. LEE SMITH), Developer, for the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 1 OF 5 BY PAT McICEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) / CUP-00-015 development of the aforementioned planned commercial development for a commercial development consisting of an Ice Arena consisting of an office, pro shop, fitness center, restaurant, locker rooms, equipment storage and arenas and which property is described as: A parcel of land lying in the NW 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being a portion of that Remainder Parcel as shown on Record of Survey No. 4056, records of Ada County, Idaho, more particularly described as follows: Commencing at the North 1/4 corner of Section 20, T. 3N., R. 1E., B.M., thence S 00°24'16" W 443.01 feet along the east line of the NW 1/4 of said Section 20 to the REAL POINT OF BEGINNING of this description; Thence S 00°24'16'' W 406.14 feet to a point; Thence N 89°52'19'' W 559.67 feet to a point; Thence N 00°07'41'' E 406.14 feet to a point; Thence S 89°52'19" E 127.41 feet to a point of curvature; Thence along a curve to the fight 25.79 feet, said curve having a radius of 20.00 feet, a central angle of 73052'20'', tangents of 15.04 feet and a chord which bears S 52056'09'' E' 24.04 feet to a point of reversed curvature; Thence along a curve to the left 180.50 feet, said curve having a radius of 70.00 feet, a central angle of 147044'40'', tangents of 242.08 feet and a chord which bears S 89°52'19'' E 134.49 feet to a point of reversed curvature; Thence along a curve to the fight 25.79 feet, said curve having a radius of 20.00 feet, a central angle of 73°52'20'', tangents of 15.04 feet and a chord which bears N 53°11'31" E 24:04 feet to a point of tangency; Thence S 89°52'19'' E 261.29 feet toa point to the REAL POINT OF BEGINNING. This parcel ~ontains 5.064 acres or 220,602 square feet, more or less. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 2 OF 5 BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) / CUP-00-015 2. That the above named applicant is granted a conditional use permit for an Ice Arena consisting of an office, pro shop, fitness center, restaurant, locker rooms, equipment storage and arenas, located at the southeast comer of Overland Road and S. Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering departments as follows: 2.A This project is part of a multi-faceted requested development including annexation, rezoning, preliminary plat and three (3) conditional use permits and conditional recommendations contained in AZ-00-004, RZ-00-003, PP-00-006, CUP,00-015, CUP-00-016 and CUP-00-017, will apply where relevant. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 2.1 All requirements provided in the PD-C section that apply to Site "C" (ice arena) shall be incorporated here. 2.2 A minimum of seven (7) handicap accessible spaces must be provided to directly serve this facility. Additional Reconunendations and/or comments from Meridian Fire Department, Central District Health Department, Nampa & Meridian Irrigation District, and the Waste Water Treatment Plant are as follows: 2.3 The Meridian Fire Department requires that all codes, hydrants, fire sprinkler systems shall be met. Roads shall be constructed before building to be started. 2.4 The Central District Health Department requires that written approval for the central sewage and central shall be submitted for their approval. Additionally, plans for the central sewage and central water shall be approved by the Idaho Department of Health & Welfare, Division of Environment Quality. Run-off is not to create a mosquito breeding problem. That storm water be pre-treated ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 3 OF 5 BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) / CUP-00-015 through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. Best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals for guidance are: 2.4.1 State of Idaho Catalog f Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environment Quality, luly 1997. 2.4.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. 2.5 The Nampa & Meridian Irrigation District notes that the Hunter Lateral courses along the west boundary of the proposed project. The District reserves the right to claim what they deem necessary to operate and maintain the Hunter Lateral. All storm drainage shall be retained on site. 2.6 The Waste Water Treatment Plant requires a minimum thousand gallon grease and sedimentation interceptor. 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 OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 4 OF 5 BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) / CUP-00-015 By action of the City Council at its regular meeting held on the q.--~-'~,-~e~ ,2000. day of ,~D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By:~'~/~, ¢ ~y Clerk ~' ~' Dated: msg/Z:\WorkXM~Vlefidian 15360IvlZResolution Business Park AZ RZ CLIP PP\CUPOrderl5 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - PAGE 5 OF 5 BY PAT McKEEGAN (REPRESENTATIVE FOR LEE SMITH ICE ARENA) / CUP-00-015