HomeMy WebLinkAboutCherry Lane Chr CUP 02-027
BEFORE THE CITY COUNCIL OF THE CITY OF MERlDIAN
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
The above entitled conditional use permit application having come before the City
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A
PRESCHOOL/PRlV ATE SCHOOL
IN AN L-O ZONE, LOCATED AT
2511 W, CHERRY LANE,
APPROXIMATELY HALFWAY
BETWEEN LINDER AND TEN
MILE ROADS, MERlDIAN, IDAHO
CHERRY LANE CHRlSTIAN
CHURCH,
APPLICANT
C/C 12/03/02
Revised 12/31/02
Case No. CUP-02-027
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
Council on November 12, 2002, continued until November 19, 2002, and continued again until
December 3, 2002 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning
Department, and Larry Woodard, appeared and testified, and the City Council having duly
considered the evidence and the record in this matter and the Recommendations to City Council
issued by the Planning and Zoning Commission who conducted a public hearing and the Council
having heard and taken oral and written testimony, and having duly considered the matter, the
City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and
Order to-wit:
FINDINGS OF FACT
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1
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 November 12, 2002,
continued until November 19, 2002, and continued again until December 3, 2002, before the City
Council, the first publication appearing and written notice having been mailed to property owners
or purchasers of record within three hundred feet (300') of the external boundaries ofthe
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 November 12, 2002, continued until November 19, 2002, and
continued again until December 3, 2002, public hearings; and the applicant, affected property
owners, and government subdivisions providing services within the planning jurisdiction ofthe
City of Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. This proposed development request is in an L-O zone and by reason ofthe
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 2511 W. Cherry Lane, approximately halfway between
Linder and Ten Mile Roads, Meridian, Idaho.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDmONAL USE PERMIT - 2
5. The owner of record ofthe subject property is Cherry Lane Christian Church,
2511 W. Cherry Lane, Meridian, Idaho.
6. Applicant is owner of record.
7. The subject property is currently zoned R-4. An application for Rezone to L-O is
currently pending before the City of Meridian. The zoning district ofL-O is defined within the
City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for a preschool/private
school using existing classrooms in an existing building. The L-O zoning designation within the
City of Meridian Zoning and Development Ordinance requires a conditional use permit be
obtained for most uses including those requested by the Applicant. (Meridian City Zoning and
Development Ordinance, Section 11-8e 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 takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning
maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance
establishing the Impact Area Boundary.
12. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
services required by the proposed development will not impose expense upon the public if the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of Meridian, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site-Specific ReclUirements
1. Street Buffer: A 25 foot wide minimum landscape buffer shall be required along Cherry
Lane.
2. Number of Students: Enrollment for the preschool use will initially be up to 56 students-
28 morning and 28 afternoon. The number of students per classroom shall comply with
standards set by the International Fire Code.
3. Future Private School:
Option A: Prior to enrollment of students for kindergarten or higher, the Applicant shall
be required to obtain separate CUP approval as a private elementary school.
4. Water/sewer: This facility is currently served by the City of Meridian's sanitary sewer and
water systems. Existing sanitary sewer and water assessments will be compared with the
anticipated impact, to determine whether additional assessments are warranted. If
additional assessments are warranted, applicant shall pay for them with the issuance of
the building permit. The City of Meridian owns and maintains a 21 inch diameter sewer
trunk line that parallels the Nine Mile Creek. This trunk line is within a 20 foot wide
easement along the east side of Nine Mile Creek. Access must be maintained to this line
at all times. Landscaping will be limited within the easement area.
5. Expansion: Applicant shall be required to apply for and obtain a separate Conditional Use
Permit for any further addition or expansion of the existing school.
Standard Requirements
1. Existing trees shall be protected and retained in accordance with Meridian City Code 12-
13-13.
2. Off-street parking shall be provided in accordance with the City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements. All parking and
areas of circulation shall be improved with a hard surface in accordance with Meridian
City Code 11-13-4.D, and shall be installed and striped in accordance with the approved
site plan and Ordinance 11-13-4.F.
3. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDmONAL USE PERMIT - 4
4. A drainage plan designed by a State of Idaho licensed architect or engineer is required
and shall be submitted to the City Engineer (Ord. 57, 10-1-91) for all off-street parking
areas. All drainage water is to be maintained on-site. Storm water treatment and disposal
must be designated in accordance with Department of Environmental Quality 1997
publication Catalog of Storm Water Best Management Practices for Idaho Cities and
Counties and City of Meridian standards and policies. Off-site disposal into surface water
is prohibited unless the jurisdiction which has authority over the receiving stream
provides written authorization prior to development plan approval. The Applicant is
responsible for filing all necessary applications with the Idaho Department of Water
Resources regarding Shallow Injection Wells.
5. All exterior lighting, whether attached to the building or located within the parking lot,
shall be down-shielded or otherwise altered so that the light does not spill over onto
adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with
Ordinance 11-13-4.C.
6. All signage shall be in accordance with the standards set forth in Section 11-14 of the
City Zoning and Development Ordinance or as specifically approved. All signage is
subject to design review and shall require separate permits.
7. Provide five foot wide pedestrian walkways in accordance with City Ordinance.
8. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure
locations and construction requirements with Sanitary Service Company and provide a
letter of approval from their office when applying for a Certificate of Zoning Compliance
(CZC).
9. Per Ordinance l1-17-4.B., a Conditional Use Permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City Council.
During this time, the permit holder must acquire building permits and commence the
construction of permanent footings or structures. Time extensions are allowed per the
Ordinance.
Adopt the Recommendations of the Meridian Fire Department as follows:
Provide a fire-flow as required by Appendix III-A of the Uniform Fire Code.
All internal access roads within the project shall have a clear driving surface with a
minimum width of 20'.
All modifications to the building will have to comply with the Building Code.
The project will have to comply with the Idaho State Fire Marshall's requirements for
Day Care Facilities.
Adopt the Recommendations of the Central District Health Department as follows:
Applicant shall submit plans for a plan review for any child care center.
Applicant shall contact Susan Simmons at Central District Health Department regarding
any licensure requirements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5
D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
1. Applicant shall file a Land Use Change/Site application.
2. Applicant shall submit two (2) sets of complete plans indicating how this project will
impact the District.
E. Adopt the Recommendations of Settlers' Irrigation District as follows:
1. Settlers' Irrigation District's Settlers Canal courses along the north boundary of this
project in a 36' RCP tile. The easement, which includes the tile and irrigation structures,
must be protected.
F. Adopt the Recommendations of the Sanitary Service as follows:
1. Applicant shall allow for 11' clearance inside of the waste enclosure gate posts. Increased
waste generation in the future may require a larger waste container and drive-on
capability.
13. It is found that the site is large enough to accommodate the proposed use
(preschool/private school) and related features that would be required by the ordinance.
14. That the 1993 Comprehensive Plan shows the subject property as "Existing
Urban"; the current Comprehensive Plan shows the property as "Public/Quasi-Public". Proposed
zoning is L-O; private schools require a CUP in the L-O zone according to the Zoning Schedule
of Use Control. It is found that the proposed use and plan to be in compliance with the Meridian
Zoning Ordinance and the Comprehensive Plan, as long as the conditions of the staff report are
met.
15. It is found that the proposed development will not adversely change the essential
character ofthe general vicinity and will be harmonious with the intended character ofthe same
area.
16. It is not believed that the proposed use will not adversely affect other property in
the vicinity.
17. It is found that the proposed development will be adequately served by the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDmONAL USE PERMIT - 6
essential public facilities and services such as highways, street, police, and fire protection,
drainage structures, refuse disposal, water, and sewer.
18. It is found that the proposed use would not be detrimental to the economic welfare
of the community, nor would it create the need for any new facilities or services to be paid for by
the public.
19. It is not anticipated that the proposed use will be detrimental to the general
welfare of the community by means of increased traffic, noise, smoke fumes, glare or odors
generated by the use. ACHD has stated that the project is expected to generate less than 10 new
vehicle trips per day on surrounding streets. School drop-of1Jpickup vehicle trips are considered
by ACHD as "pass-by" traffic that is likely to have already been on the roads anyway, and are
therefore not considered to be adding congestion.
20. It is found that the proposed use will not create significant interference with
traffic on the surrounding public streets. The applicant has not proposed any new curb cuts onto
existing streets.
21. It is found that a natural or scenic feature may be lost, damaged or destroyed by
issuance of this conditional use permit per the revised application which proposes to pipe the
Nine Mile Creek and add a parking lot expansion, landscape buffer, and pathway over the top of
it. However, the Applicant submitted a letter dated November 26, 2002, requesting the ditch
covering of the conditional use permit to be put on hold, and thereby no natural or scenic features
would now be lost, damaged or destroyed by the issuance of the conditional use permit.
CONCLUSIONS OF LAW
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7
1. The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (I.C. ~67-6503).
2. The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council ofthe City of Meridian has established by the passage ofthe "City of Meridian Zoning
and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code ~ 11-17-3)
a. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by this Ordinance;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance;
c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential character of the same area;
d. That the proposed use, if it complies with all conditions of the approval imposed,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8
will not adversely affect other property in the vicinity;
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfare ofthe community;
g. That the proposed use will not involve activities or processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
i. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
5. Prior to granting a conditional use permit in the Limited Office District (L-O), a
public hearing shall be conducted with notice to be published and provided to property owners or
purchasers of record within three hundred feet (300') of the external boundaries of the land under
consideration for the conditional use permit all in accordance with the provisions of Meridian
City Code ~ 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as
follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 ofthis 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 ofthe Commission."
6. Following the public hearing and within 45 days after the conclusion ofthe
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDmONAL USE PERMIT - 9
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 ofthe 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -10
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 a
preschool/private school in an L-O zone located at 2511 W. Cherry Lane, approximately halfway
between Linder and Ten Mile Roads, Meridian, Idaho, subject to the following conditions of use
and development, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows:
Site-Specific Requirements
1. Street Buffer: A 25 foot wide minimum landscape buffer shall be required along Cherry
Lane.
2. Number of Students: Enrollment for the preschool use will initially be up to 56 students-
28 morning and 28 afternoon. The number of students per classroom shall comply with
standards set by the International Fire Code.
3. Future Private School:
Option A: Prior to enrollment of students for kindergarten or higher, the Applicant shall be
required to obtain separate CUP approval as a private elementary school.
4. Water/sewer: This facility is currently served by the City of Meridian's sanitary sewer and
water systems. Existing sanitary sewer and water assessments will be compared with the
anticipated impact, to determine whether additional assessments are warranted. If
additional assessments are warranted, applicant shall pay for them with the issuance of the
building permit. The City of Meridian owns and maintains a 21 inch diameter sewer trunk
line that parallels the Nine Mile Creek. This trunk line is within a 20 foot wide easement
along the east side of Nine Mile Creek. Access must be maintained to this line at all times.
Landscaping will be limited within the easement area.
5. Expansion: Applicant shall be required to apply for and obtain a separate Conditional Use
Permit for any further addition or expansion of the existing school.
Standard Requirements
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11
1. Existing trees shall be protected and retained in accordance with Meridian City Code 12-
13-13.
2. Off-street parking shall be provided in accordance with the City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements. All parking and
areas of circulation shall be improved with a hard surface in accordance with Meridian
City Code l1-13-4.D, and shall be installed and striped in accordance with the approved
site plan and Ordinance 11-13-4.F.
3. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
4. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and
shall be submitted to the City Engineer (Ord. 57, 10-1-91) for all off-street parking areas.
All drainage water is to be maintained on-site. Storm water treatment and disposal must be
designated in accordance with Department of Environmental Quality 1997 publication
Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and
City of Meridian standards and policies. Off-site disposal into surface water is prohibited
unless the jurisdiction which has authority over the receiving stream provides written
authorization prior to development plan approval. The Applicant is responsible for filing
all necessary applications with the Idaho Department of Water Resources regarding
Shallow Injection Wells.
5. All exterior lighting, whether attached to the building or located within the parking lot,
shall be down-shielded or otherwise altered so that the light does not spill over onto
adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with
Ordinance 11-13-4.C.
6. All signage shall be in accordance with the standards set forth in Section 11-14 of the City
Zoning and Development Ordinance or as specifically approved. All signage is subject to
design review and shall require separate permits.
7. Provide five foot wide pedestrian walkways in accordance with City Ordinance.
8. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations
and construction requirements with Sanitary Service Company and provide a letter of
approval from their office when applying for a Certificate of Zoning Compliance (CZC).
9. Per Ordinance 11-17-4.B., a Conditional Use Permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City Council.
During this time, the permit holder must acquire building permits and commence the
construction of permanent footings or structures. Time extensions are allowed per the
Ordinance.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. Provide a fire-flow as required by Appendix III-A of the Uniform Fire Code.
2. All internal access roads within the project shall have a clear driving surface with a
minimum width of 20'.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12
All modifications to the building will have to comply with the Building Code.
The project will have to comply with the Idaho State Fire Marshall's requirements for Day
Care Facilities.
Adopt the Recommendations of the Central District Health Department as follows:
Applicant shall submit plans for a plan review for any child care center.
Applicant shall contact Susan Simmons at Central District Health Department regarding
any licensure requirements.
Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
Applicant shall file a Land Use Change/Site application.
Applicant shall submit two (2) sets of complete plans indicating how this project will
impact the District.
Adopt the Recommendations of Settlers' Irrigation District as follows:
Settlers' Irrigation District's Settlers Canal courses along the north boundary of this
project in a 36' RCP tile. The easement, which includes the tile and irrigation structures,
must be protected.
F. Adopt the Recommendations of the Sanitary Service as follows:
1. Applicant shall allow for 11' clearance inside of the waste enclosure gate posts. Increased
waste generation in the future may require a larger waste container and drive-on capability.
3.
4.
C.
1.
2.
D.
1.
2.
E.
1.
~ 11-17-9.
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval ofthe application for a conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public
Works Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13
pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real
property which may be adversely affected by the issuance or denial of the conditional use permit
approval may within twenty-eight (28) days after the date of this decision and order seek a judicial
review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
I '7 *'-
day of
j}t~ ,2002.
ROLL CALL:
COUNCILMAN KEITH BIRD VOTED ~
COUNCILWOMAN TAMMY deWEERD VOTED--$.-
COUNCILWOMAN CHERIE Mc CANDLESS VOTED ~
COUNCILMAN WILLIAM L.M. NARY VOTED Ab~
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED -
DATED: 12.- [1-0'2...
MOTION:
APPROVED:
~
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14
t- 7-tJ 3
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND
DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15
BEFORE THE CITY COUNCIL OF THE CITY OF MERlDlAN
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A
PRESCHOOL/PRlV ATE SCHOOL
IN AN L-O ZONE, LOCATED AT
2511 W. CHERRY LANE,
MERlDlAN, IDAHO
CHERRY LANE CHRlSTIAN
CHURCH,
APPLICANT
C/C 12/03/02
Revised 12/31/02
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No. CUP-02-027
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on the November 12, 2002, and
continued until November 19, 2002, and continued again until December 3, 2002, under the
provisions of Meridian City Code ~ 11-17-4 for final action on conditional use permit application
and the Council having received and approving the Recommendation ofthe Planning and Zoning
Commission the Council takes the following action:
2. That the above named applicant is granted a conditional use permit for a
preschool and private school using existing classrooms in an existing building in an L-O zone
located at 2511 W. Cherry Lane, approximately halfway between Linder and Ten Mile Roads,
Meridian, Idaho, subject to the following conditions of use and development:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
ORDER CONDITIONAL USE PERMIT
(CUP-02-027)
-1
Site-Specific Requirements
I. Street Buffer: A 25 foot wide minimum landscape buffer shall be required along Cherry
Lane.
2. Number of Students: Enrollment for the preschool use will initially be up to 56 students-
28 morning and 28 afternoon. The number of students per classroom shall comply with
standards set by the International Fire Code.
3. Future Private School:
Option A: Prior to enrollment of students for kindergarten or higher, the Applicant shall
be required to obtain separate CUP approval as a private elementary school.
4. Water/sewer: This facility is currently served by the City of Meridian's sanitary sewer and
water systems. Existing sanitary sewer and water assessments will be compared with the
anticipated impact, to determine whether additional assessments are warranted. If
additional assessments are warranted, applicant shall pay for them with the issuance of
the building permit. The City of Meridian owns and maintains a 21 inch diameter sewer
trunk line that parallels the Nine Mile Creek. This trunk line is within a 20 foot wide
easement along the east side of Nine Mile Creek. Access must be maintained to this line
at all times. Landscaping will be limited within the easement area.
5. Expansion: Applicant shall be required to apply for and obtain a separate Conditional Use
Permit for any further addition or expansion of the existing school.
Standard Requirements
1. Existing trees shall be protected and retained in accordance with Meridian City Code 12-
13-13.
2. Off-street parking shall be provided in accordance with the City of Meridian Zoning and
Development Ordinance and/or as detailed in site-specific requirements. All parking and
areas of circulation shall be improved with a hard surface in accordance with Meridian
City Code 11-13-4.D, and shall be installed and striped in accordance with the approved
site plan and Ordinance 11-13-4.F.
3. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
4. A drainage plan designed by a State ofldaho licensed architect or engineer is required
and shall be submitted to the City Engineer (Ord. 57,10-1-91) for all off-street parking
areas. All drainage water is to be maintained on-site. Storm water treatment and disposal
must be designated in accordance with Department of Environmental Quality 1997
publication Catalog of Storm Water Best Management Practices for Idaho Cities and
Counties and City of Meridian standards and policies. Off-site disposal into surface water
is prohibited unless the jurisdiction which has authority over the receiving stream
provides written authorization prior to development plan approval. The Applicant is
ORDER CONDITIONAL USE PERMIT
(CUP-02-027)
-2
B.
1.
2.
3.
4.
C.
1.
2.
D.
1.
2.
E.
responsible for filing all necessary applications with the Idaho Department of Water
Resources regarding Shallow Injection Wells.
5. All exterior lighting, whether attached to the building or located within the parking lot,
shall be down-shielded or otherwise altered so that the light does not spill over onto
adjacent properties or rights-of-way. All parking lot lighting shall be in accordance with
Ordinance 11-13-4.C.
6. All signage shall be in accordance with the standards set forth in Section 11-14 of the
City Zoning and Development Ordinance or as specifically approved. All signage is
subject to design review and shall require separate permits.
7. Provide five foot wide pedestrian walkways in accordance with City Ordinance.
8. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure
locations and construction requirements with Sanitary Service Company and provide a
letter of approval from their office when applying for a Certificate of Zoning Compliance
(CZC).
9. Per Ordinance ll-17-4.B., a Conditional Use Permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City Council.
During this time, the permit holder must acquire building permits and commence the
construction of permanent footings or structures. Time extensions are allowed per the
Ordinance.
Adopt the Recommendations of the Meridian Fire Department as follows:
Provide a fire-flow as required by Appendix III-A of the Uniform Fire Code.
All internal access roads within the project shall have a clear driving surface with a
minimum width of 20'.
All modifications to the building will have to comply with the Building Code.
The project will have to comply with the Idaho State Fire Marshall's requirements for
Day Care Facilities.
Adopt the Recommendations of the Central District Health Department as follows:
Applicant shall submit plans for a plan review for any child care center.
Applicant shall contact Susan Simmons at Central District Health Department regarding
any licensure requirements.
Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows:
Applicant shall file a Land Use Change/Site application.
Applicant shall submit two (2) sets of complete plans indicating how this project will
impact the District.
Adopt the Recommendations of Settlers' Irrigation District as follows:
ORDER CONDITIONAL USE PERMIT
(CUP-02-027)
-3
1. Settlers' Irrigation District's Settlers Canal courses along the north boundary ofthis
project in a 36' RCP tile. The easement, which includes the tile and irrigation structures,
must be protected.
F. Adopt the Recommendations of the Sanitary Service as follows:
1. Applicant shall allow for 11' clearance inside of the waste enclosure gate posts. Increased
waste generation in the future may require a larger waste container and drive-on
capability.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval ofthe 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.
By action ofthe City Council at its regular meeting held on the
1 rt -f1--.
day of
&CVtrvvIruu
,2002.
~
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
ByJf~~~~
City Clerk
Dated:
/-- ?/C 3
ORDER CONDITIONAL USE PERMIT
(CUP-02-027)
-4