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HomeMy WebLinkAboutHeritage Middle School R" .'''-_d " 'd.,., d ., j-~,":", :'.L < '.;' ,....-.'1, ) ',: .: J ""~'H:'''''~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER D",."., u .- '.' - r,,:...,"-^,.pt ~l... / LlJub ~'t fMeridian j ,. Jerk Office OU'/ridian ~\ \ ;.. II'MHO f ~~ "~' -(1m In the Matter of Conditional Use Permit (CUP) approval for lighted ball fields within and adjoining a residential district at Heritage Middle School, AND a Variance (V AR) to UDC 11-3A-llC3 to install light fIXtures over 1,800 lumens with exposed bulbs for the ball fields, by Joint School District No.2. Case No(s). CUP-06-031 and VAR-06-021 For the City Council Hearing Date of: November 28, 2006 (Findings approved on December 12,2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 28,2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 28,2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 28,2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 28,2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. g67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code g 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-31 & V AR-06-021 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval and CUP Site Plan included in the attached Staff Report for the hearing date of November 28,2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's CUP Site Plan, dated August 15, 2006, IS hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of November 28,2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.I, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-31 & V AR-06-021 time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body ofthe City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of November 28,2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-3I & V AR-06-021 By action of the City Council at its regular meeting held on the /2- (!:. day of ~';n~/>2006. I , - COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTED ~ VOTED ~ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD - VOTED . ''':'' . K~ qR\IJ:l~ ." l/deWEERD T"j~~~: ::_:~~ ~\~ ... J .~ ~. o~- AJt-;~ I f SgAL 1 WILLIAM G. BER~rri?L~ "C "'~", 13,:3 .f? .j' "'.-;.. "f ,. "'..."_.~...- i>Y" ,.:::' ......, (.:t~.f I~) ,~,.; . \ \\" /' ',1f #~.'1!~, l' \ v Applicant Jilt,,,,. ",.1,\' / Planning Department v Public Works Department v City Attorney ATTEST: Copy served upon: B Dated:-'d.-~O -OLl City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-31 & V AR-06-021 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 SUBJECT: , --..U ~ri'ji'!:'- \ Sonya Watters, Associate City Planner V'YLe, ,ai:n~ : 208-884-5533 \ IDAHO ~ Heritage Middle School Ball Field Lighting ~. )....-....,;;iJ !,r.;' # . CUP~06-031 Hearing Date: November 28, 2006 Mayor and City Council STAFF REPORT TO: FROM: Conditional Use Permit for lighted fields within and adjoining a residential district. . V AR-06-021 Variance from UDC 11-3A-llC3 to install light fixtures over 1,800 lumens with exposed bulbs for the ball fields. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Joint School District No.2, has applied for Conditional Use Permit approval for the allowance of lighted fields within and adjoining a residential district. Additionally, the applicant has applied for a Variance from UDC 11-3A-llC3 to install light fixtures in excess of 1,800 lumens with exposed bulbs for the ball fields. The subject site is located on the northeast comer of N. Meridian Road and E. McMillan Road. 2. SUMMARY RECOMMENDATION The subject applications (CUP & V AR) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis for the requested Conditional Use Permit and Variance below. Staff recommends approval of CUP-06-031 & V AR-06-021 as presented in the Staff Report, subject to the conditions listed in Exhibit B. Note: The Commission is not required to make a recommendation to City Council on the Variance application. The Meridian Planninl! and Zoning: Commission heard this item on November 2. 2006. At the public hearinl!. they moved to recommend approval to the City Council of CUP-06-031. a. Summary of Commission Public Bearin!!: i. In favor: Scott Henson. Lombard-Conrad Architects (applicant/owner's representative) 11. In opposition: None Hi. Commenting: None IV. Written testimony: None v. Staffpresentiul! application: Sonya Watters vi. Other staff commenting on application: None b. Kev Issues of Discussion bv Commission: i. None c. Key Commission Chan!!es to Staff Recommendation: i. None d. Outstandin2 Issue(s) for City Council: i. None The Meridian Citv Council heard these items on November 28. 2006. At the DubHe heario!! they aDD roved the subiect CUP and V AR reouest. as SummarY of City Council Public Bearin!!: Heritage Middle School- CUP-06-031 & V AR-06-021 Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28,2006 1. !n favor: ScotlHenson. Lombard.Conrad Architects (applicant/owner's representative) 11. In opposition: None lll. CommentiOlz: None IV. Written testimony: None v. StaffpresentiOlz application: Anna Cannin2 vi. Other staff commentinl! on aoplication: None h. Key Issues of Discussion by Council: i. EmQsed vs. shielded liuht fixtures ii. Heiuht oflil!ht poles (40' vs. the.proposed 80') i:. Kev Council Chanl!es to Commission Recommendation: i. Nq~ 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers CUP- 06.031 and V AR-06-021 as presented in the Staff Report for the hearing date ofNoyember 28, 2006, with the following modifications to the conditions of approval: (add any proposed modifications) . Denial After considering all staff, applicant and public testimony, I move to deny File Numbers CUP-06. 031 and V AR-06-021 as presented during the hearing of November 28, 2006, for the following reasons: (you must state specific reason(s) for the denial of the conditional use permit.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number CUP-06-031 and V AR-06-021 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 4990 N. Meridian Road; Section 30, TAN. R.IE. b. Owner: Joint School District No.2 911 N. Meridian Road, Meridian, ill 83642 c. Applicant: Same as owner d. Representative: Scott Henson, Lombard-Conrad Architects e. Present Zoning: R-4 f. Present Comprehensive Plan Designation: Public/Quasi-Public g. Description of Applicant's Request: The applicant is requesting approval for the allowance of lighted fields within and adjoining a residential district. Additionally, the applicant is requesting approval ofa Variance from UDC 11-3A.llC3 to install light fixtures in excess of 1,800 lumens with exposed bulbs for the ball fields. The school district is installing ball field lighting at the request of the City of Meridian Parks Department for public use. 1. Date of CUP Site PlanlPhotometric Plan (attached in Exhibit A): August 15, 2006 5. PROCESS FACTS Heritage Middle School - CUP-06-031 & V AR-06-021 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28.2006 a. The subject application will in fact constitute a conditional use as determined by the Unified Development Code. By reason of the provisions ofUDC 11-5B-6, a public hearing is required before the Planning and Zoning Commission and City Council on this matter. b. The subject application will in fact constitute a variance as determined by the Unified Development Code. By reason ofthe provisions ofUDC 11-5B-6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: October 16th and October 30th, 2006 (for Planning & Zoning Commission hearing), and November 6th and November 20th, 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: October 16th and October 30th, 2006 (for Planning & Zoning Commission hearing) and October 6th, 2006 (for City Council hearing) e. Applicant posted notice on site by: October 16th and October 30th, 2006 (for Planning & Zoning Commission hearing) and November 3T1\ 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): Middle School (currently under construction) b. Description of Character of Surrounding Area: The surrounding area is residential, with commercially zoned land across Meridian Road to the west and agricultural land across McMillan Road to the south (approved Solitude Subdivision). c. Adjacent Land Use and Zoning 1. North: Ventana Subdivision, zoned R-8. 2. East: Saguaro Subdivision, zoned R-4. 3. South: Recently approved residential subdivision (Solitude Sub.), zoned R-8. 4. West: Vacant, Commercially zoned property (Paramount Sub.), zoned C-G. d. History of Previous Actions: This property was annexed in 2005 and zoned R-4 for Heritage Middle School (AZ-05-008). A Certificate of Zoning Compliance (CZC-05-075) was also approved in June, 2005, for a public middle school in an R-4 zone. (Public schools were permitted uses in the R-4 zone under the City Code in effect at that time. Under the UDC public schools are.. ...) e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Mains already approved with the schools construction plans. Location of water: Mains already approved with the schools construction plans. Issues or concerns: None. 2. Vegetation: None. 3, Flood plain: NA 4. Canals/Ditches Irrigation: No major facilities. 5. Hazards: None Heritage Middle School- CUP-06-03I & V AR.06-021 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 6. Existing Zoning: R-4 7. Size of Property: 40 acres f. Off-Street Parking: NA g. Proposed and Required Non-Residential Setbacks: NA h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the school is provided via N. Meridian Road and was approved by ACHD with the Certificate of Zoning Compliance issued for this site; no new access points are proposed or approved with this application. The Fire Department is requesting, as part of the conditional use permit, that the applicant provide an emergency access road to the center of the backstops of the four baseball fields with an approved turn around (see Exhibit B). 7. COMMENTS MEETING On October 13, 2006 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and Meridian Public Works Department. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Public/Quasi-Public" on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, "Public/Quasi-Public" areas are designated to provide areas throughout the Area of Impact which provide educational opportunities, community gathering places, and green space. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): · "Support multi-use facilities between schools and the community." (Chapter VI, Goal I, Objective A, Action 3) The City of Meridian Parks Department is requesting that schools provide lighted ball fields for the benefit of the community. If approved, this will increase the number offields available for evening sports activities. · "Support joint use agreements with the Meridian Joint School District, Western Ada Recreation District, ACHD, and other private and non-profit entities." (Chapter VI, Goal III, Objective A, Action 14) The Joint School District, in cooperation with the City of Meridian, is proposing to provide lighted ballfields at Heritage Middle School in ajoint use agreement which will benefit the community as a whole by providing more ball fields available to the public for sports activities. Staff finds that the proposal is generally harmonious with and in accordance with the Comprehensive Plan. 8. UNIFIED DEVELOPMENT CODE The following UDC section( s) are pertinent to this application: a. UDC 11-4-3.14: Education Institution E. A Conditional Use Permit shall be required for any education institution in which any of the following circumstances exist: Heritage Middle School- CUP-06-031 & V AR-06-021 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28,2006 1. The education institution is in excess of 250,000 square feet within a residential district; 2. The education institution includes lighted fields adjoining or within a residential district; 3. The education institution will generate in excess of 1,500 vehicular trips per day; 4. The education institution takes access from a collector or an arterial street and there is not a safe separate pedestrian and bikeway access between the neighborhood and the school site. Per the above cited section of the UDC, the applicant is requesting a Conditional Use Permit for the proposed lightedfields a4facent to a residential district. b. UDC 11-3A-llC: Outdoor Lighting Standards 3. Light fixtures that have a maximum output of 1,800 lumens or more shall have an opaque top to prevent up-lighting; the bulb shall not be visible and shall have a full cut-off shield. The applicant can not comply with the above cited section of the UDC, since the flood lighting that is needed for ball field lighting requires exposed light bulbs. Hence, the applicant is requesting approval of a Variance from this section of the UDC. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Staff has provided analysis below regarding the proposed applications. 1. CUP: In approving any conditional use, the decision-making body may prescribe appropriate conditions, bonds and safeguards in conformity with this Title that: minimize adverse impact of the use on other property, control the sequence and timing of the use, control the duration ofthe use, assure that the use and the property in which the use is located is maintained properly, designate the exact location and nature ofthe use and the property development, require the provision for on-site or off-site public facilities or services, require more restrictive standards than those generally required in this Title, and require mitigation of adverse impacts of the proposed development upon service delivery by any political subdivision, including school districts, that provides services within the City (UDC 11-5B-6D). Lighting: Due to the nature of the proposed use and the existing residential uses near this site, staff is reconunending a specific condition of approval be placed on the proposed use that will minimize, or alleviate the adverse impacts that this use may pose to nearby properties by limiting the hours that the ball fields will be lighted to 11 pm. Please see Exhibit B for the proposed condition. Access: Access to the school is provided via N. Meridian Road and was approved with the Certificate of Zoning Compliance issued for this site; no new access points are proposed or approved with this application. The site currently has a 20-foot wide access road that loops around the school building on the west side of the ball fields. The Meridian Fire Department is requesting that the applicant provide a 20-foot access road to the center of the backstops of the four fields with an approved turn around (see Exhibit B). Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (ODC 11-5B-1A). Since the configuration of the ball Heritage Middle School- CUP -06-031 & V AR -06-021 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28.2006 fields has changed since the issuance of the Certificate of Zoning Compliance (CZC-05. 075) for the school and to ensure that all of the conditions of approval for the subject CUP are complied with, the applicant shall be required to obtain a modification to the approved CZC from the Planning Department prior to establishing the proposed use. 2. V AR: The applicant is requesting a Variance from UDC 11- 3A ~ 11 C Outdoor Light Standards that requires light fixtures over 1,800 lumens to have an opaque top to prevent up-lighting, the bulb can not be visible, and is required to have a full cut-off shield. The applicant can not comply with this standard as the flood lighting that is needed for ball field lighting requires exposed light bulbs. For this reason, the applicant is requesting a Variance. Currently, the UDC does not have any specific provisions for ball field lighting. Since ball field lighting is not specifically addressed in the UDC and requires a type of lighting that is prohibited, Staff is supportive of the proposed Variance request (see Exhibit C, V AR Findings, for more information). b. Staff Recommendation: Staff recommends approval of CUP-06-031 and V AR-06-021 for the ball field lighting at Heritage Middle School, as presented in the Staff Report for the hearing date of November 2,2006 based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval as listed in Exhibit B. On November 2. 2006. the Meridian Plannin!! and Zonin!! Commission voted to recommend approval of the subiect CUP application to Citv Council. The Meridian Citv Council heard these items on November 28.2006. At the nubHe hearinp thev annroved the subiect CUP and V AR reouest. 10. EXHmITS A. Drawing 1. CUP Site Plan (dated August 15, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company C. Required Findings from Zoning Ordinance Heritage Middle School- CUP-06-031 & V AR-06-021 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28,2006 A. Drawing 1. CUP Site Plan (dated August 15,2006) L._.!!iOI~~- ..~ ....- ~~-... ~ aai'T1w8 . 'I'JCK)9 J"Ii:JcIWEV lJIS.l ~.~.IL\ i ! IJ i,:s1 i -" i:!; < l~ II tJ! II, ......11._____.... u- i-- I ! I, 4 H__1 II' l?j1.~LOhlhjJ~f1.j 1GHO"'+i" ~,'I i '.O:hI1i}r!1 I l'Wrhl'l ')frl':II~rHI 10 . " (}J~llII04hl:O!.rt~-IJ' jGi-iOL+ i{] I.. I "D'II'diDII j " ..O! IY+rCJ+1tJ:,/ .._ " r~~~~~:;~.~__;:~,,~,. -,! ;F:ii,~~i.~5~i:~ .::~ '~'=""::~:~~~~~~~'. -......' ~=--:_ ..;..~~~._.___~ .'."'r"'......~..-. .---.- 1 J i' '" ~ 1 ~ '. I' - !i '. : i ,.'i. , I! ~L //i: Ii ~' r ~. ",,,:\' I ~.l>" ,~ ~, ; ., ""...----::-~_... ....~.... I N"~~.--,..,-~,. Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The Site Plan labeled as E1.00L, prepared by Lombard-Conrad Architects, dated August IS, 2006 is approved, with the conditions listed herein. The applicant shall comply with all applicable provisions from the previous Annexation (AZ-OS.008) and Certificate of Zoning Compliance (CZC-OS-07S), and the subject Conditional Use Pennit (CUP-06-031) and Variance (V AR-06- 021) approvals for this site. 1.2 To minimize, or alleviate the adverse impacts that this use may pose to nearby residential properties, the ball field lights shall not be lit past I I pm at night. 1.3 Use the existing driveways to/from N. Meridian Road as access for this site. No new vehicular accesses to Meridian Road or McMillan Road are proposed with this application and none are approved. 1.4 Installation of the ball field lighting shall comply with the lighting plan details shown on Sheet E1.01L, dated August IS, 2006, submitted with this application. The maximum height of the light poles shall not exceed 80 feet. 1.5 Because the configuration of the ball fields has changed since the issuance of the Certificate of Zoning Compliance (CZC-05-075) for the school, and to ensure that all of the conditions of approval for the subject CUP are complied with, the applicant shall be required to obtain a modification to the approved CZC from the Plarming Department prior to establishing the proposed use (lighted ball fields). 1.6 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the fonn of a letter of credit or cash in the amount of I 10% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.7 The applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the use has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. PUBLIC WORKS DEPARTMENT 2.1 No comment. 3. FIRE DEPARTMENT 3.1 Provide a 20-foot wide access road to the center ofthe backstops of the four baseball fields. An approved turn around will be required at this point as it is 280' from the access road that goes around the school. From that point of this turnaround the road will then be required to be extended 149 feet to the east. This will provide access to provide emergency medical services to the sports complex. Plans are required to be submitted to and approved by the Meridian Fire Department. 3.2 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 7S,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4. POLICE DEPARTMENT 4.1 No comment. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28.2006 5. PARKS DEPARTMENT 5.1 Submit one full-size scaled irrigation and landscape plan for the ball fields to the Parks Department for review and approval. 6. SANITARY SERVICES COMPANY 6.1 No comments received. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28,2006 C. Required Findings from Zoning Ordinance 1. Conditional Use Pennit Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: A. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The site was reviewed with the Certificate of Zoning Compliance application and Staff detennined at that time that it was large enough to accommodate the school and ball field uses and that it met the dimensional and development regulations of the R-4 district. However, by adding lights to the ball fields that exceed the maximum allowable lumens without a shield, the applicant needs to obtain a variance for the development regulation regarding the ball field lights. B. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council fmds that the proposed use is harmonious with the Comprehensive Plan Policies and Goals detailed in Section 8 of the staff report. The Comprehensive Plan map designates the subject property as "Public/Quasi.Public," which the school and associated uses correspond with. 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. The Council finds that if the applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance of the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. The Commission and Council should relied on any public testimony provided to determine if the proposed ball field lighting will be compatible with the existing residential character ofthe general vicinity. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Commission and Council should rely upon any public testimony provided to detennine if the development will adversely affect the 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, and sewer. The Council finds that sanitary sewer, and domestic water are available and construction plans for the installation thereof have already been approved. Additionally, refuse disposal, Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28, 2006 and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACHD. Based on comments from other agencies and departments, staff finds that the proposed use will be served adequately by all of the public facilities and services listed above. F. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant, along with the City, will be financing the ball field improvements for the school site. The Council finds that having additional lighted ball fields available for public use will be highly beneficial for the City and that the proposed use will not be detrimental to the community's economic welfare. 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. The Council recognizes that traffic, noise and potentially glare from the lights, may increase with the approval of the subject use in this location; however, the Council does not believe that the amount generated will be detrimental to the general welfare of the public. The Council does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. The Council finds that the proposed uses will not be detrimental to people, property or the general welfare of the area, if the conditions of approval are complied with. H. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to he of major importance. The Council finds that there should not be any health, safety or environmental problems associated with this use that should be brought to the Council's attention. The Council finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. 2. Variance Findings: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4.E ofthe UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: At the time the school was approved, public schools were a permitted use in the R-4 zone. Ball fields are an accessory use to schools. The subject variance is for the use of exposed light bulbs that have a maximum output of over 1,800 lumens for the ball field lighting. The applicant states that exposed light bulbs are a requirement of flood lights to properly light the field area. The applicant has submitted a photometric analysis that shows light levels at the northern perimeter boundary of the site, approximately 300 feet away from the northernmost lights, to be at 0.0 to 0.1 foot candles adjacent to future residential uses; the analysis shows light levels at the western perimeter boundary, approximately 500 feet away from the easternmost lights, to be 0.0 foot candles adjacent to residential uses. Staff finds that if the City Council grants the requested variance, a Exhibit C Exhibit C CI1Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 28,2006 special privilege will be granted to the subject applicant that would not otherwise be allowed in the district. However, the Council believes that ball field lighting is not adequately addressed in the section of the UDC restricting flood lighting (ball fields are not mentioned as exempt from this standard). The Council recognizes that lighted ball fields are an uncommon use and in this instance it makes sense to conditionally allow the subject fields to be lit by flood lights, as the light glare will not spill onto adjacent properties. The Council believes the intent of the UDC restriction of flood lighting is being met for the subject ball field lights. B. The variance relieves an undue hardship because of characteristics of the site; The applicant has stated that the proposed lights with exposed light bulbs are similar to the standard light fixtures normally found at educational ball fields throughout the City. There is a "soft light" system available that reduces glare; however, it is approximately four times the cost of the standard light fixtures normally used and would require twice as many poles. The soft light system also uses exposed bulbs, but only produces a little less glare than standard bulbs according to the applicant. The applicant states that exposed light bulbs are a requirement of flood lights to property light the field area as well as the ball when it is in flight. The Council finds that there is no characteristic of this site that has caused this hardship. The hardship in this case is really caused by the UDC and its strict prohibition of unshielded lighting in all instances. If Council grants the variance, it would relieve an undue hardship due to exposed light bulbs being necessary to provide the lighting necessary for a school ball field, but the UDC outright prohibiting their use. C. The variance shall not be detrimental to the public health, safety, and welfare. Council finds that allowing the exposed light bulbs for the ball field lighting should not be detrimental to the public health, safety, and/or welfare if the applicant complies with the Fire Department comments regarding emergency access and the Planning Departments restrictions regarding the lights listed in Exhibit B. The Council should rely on public testimony to determine if the proposed use will be detrimental to the public health, safety, and welfare.