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ITEM NUMBER: 14
REQUEST: CONDITIONAL USE PE...... FOR ROARING SPRINGS (WATER PARK)
COMMENTS
II AGENCY
CITY CLERK:
SEE ATTACHED MINUTES FROM P & Z
SEE ATTACHED P & Z PACKET
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUilDING DEPT:
CITY WATER DEPT:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
IDAHO POWER:
US WEST:
INTERN'lOUNT AIN GAS:
BUREAU OF RECLAMATION:
OTHER:
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au 1IIIter9a1s presenttd at public nJltetings'shall beCome propmy of the City of ,MePklilln.
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Meridian City Council Meeting
December 15, 1998
Page 48
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Rountree: Mr. Mayor"i move that we have~the city attorney Findings of Fact and
Conclusions of Law and appropriate ordinances for the annexation of this property with
the exception and including the recommendations of Planning and Zoning Commission
with the exception of tiling the ditch and the condition of the tiling of the ditch or water
body as stated would be required to be tiled unless it's determined by the applicant
through coordination with the city that that body of water is considered a nature body of
water under the jurisdiction of the U.S. Army Core of Engineers. If that be the case then
tiling would not be required as an option to tiling the applicant could bond for the future
tiling if in fact it is an irrigation ditch lateral canal or (Inaudible) ditch ordinance.
Bentley: Second.
Corrie: Motion made by Mr. Rountree second by Mr. Bentley, I hope it's on record
because I don't want to (inaudible). Is there any further discussion on the motion?
Hearing none, roll call vote.
ROLL CALL VOTE: Rountree, aye. Anderso~, yea. Bentley, yea. Bird, nay.
MOTION CARRIED: 3 aye. 1 nay.
Rountree: I guess just a point to the applicant is that if it in fact requires piping, but you
can get engineering support that it would require something greater than 48 inch, we will
waive that requirement. ,'.
Corrie: (Inaudible) You have the cortditional use permit for the park in front of you. Any
discussions at this point?
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Bentley: Mr. Mayor questions of staff.
Stiles: We received a recommendation from the Planning and Zoning Commission to
proceed with the request. They're trying to work with Gary on the water demand for the
_ initial fill of the park. About the only conditions that the Ada County Highway District
had were for some center turn lanes and they are revising their review comments to
include a deceleration lane at least on Overland Road. They may have some slight
modifications that are required as a result of our comments, but we are ready.
Bentley: Thank you.
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Meridian City Council Meeting
December 15, 1998
Page 49
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Smith: Mr. Mayor, Council members, I have had some conversations with the Roaring
Springs Engineer and I'd like to get some definitive answers on the fill rates required for
the water. I just got some information tonight from Mr. Smith and I guess I'd like to
know' for sure what's going to be required, over what periods of time in terms of gallons
per minute, and hours per day, etceteras.!) We're not water rich or we don't have water
aplenty as far as the fill rates go, and as I expressed to the applicants at our initial
meeting that my responsibilities are domestic use. We'll work, obviously we'll work with
the applicants to the extent that we can. But I need to have this information so that we
can run through our company model and make sure we're not going to short the
domestic demands from our water system. I don't think it's a problem but I want to be
sure.
Corrie: Do you have that information now? Okay if you would like to come up here and
answer some questions Gary had. ..
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ROGER SMITH, PINNACLE ENGINEERS, 870 N. LINDER ROAD.
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R. Smith: To address Gary's comments, we did talk earlier this evening and I've talked
with him a couple of times. I do have those numbers. I don't have them with me here
tonight. I can provide them to him tomorrow. I will confirm with the pool manufacturer
tne quantities that required, the hours per day that are going to be required, the
numbers that Gary needs. I have been given those. I need to confirm that they are not
averages, what are peaks, what are going to be the worst day. Those kinds of things so
that we can make sure that we provide him enough information that we can properly
plan this.
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Corrie: Does that suffice for you Gary?
Smith: Thank you.
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Corrie: Any other questions from Council?
Beliltley: I have none.
Bird: I have none.
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Corrie: I'll entertain a motion as far as the request for a conditional use permit for
Roaring Springs. ,~~
Bentley: Mr. Mayor I would move that we approve and adopt the Findings of Fact and
Conclusions of Law of the Planning and Zoning Commission with the addition that the
water flow figures - excuse me what I was going to ask is already in there. So I would
correct the motion to move that adopt the Findings of Fact and Conclusions of Law for
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Meridian City Council Meeting
December 15, 1998
Page 50
the - get the name right here - Roaring Springs Water Park and order the city attorney
to provide the order of decision.
Bird: Second.
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Corrie: Motion made by Mr. Bentley and second by Mr. Bird to approve the Findings of
Fact and Conclusions of Law as adopted by the Planning and Zoning Commission. Any
further discussion? Hearing none, roll call vote.
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ROLL CALL VOTE: Bird, yea. Anderson, yea. Rountree, yea. Bentley, yea.
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MOTION CARRIED: All ayes.
Bentley: When do we start?
Bird: Memorial Day opening still? Crank the contractor on.
15. REQUEST FOR AMENDMENT OF INTERSTATE CENTER NON
DEVELOPMENT AGREEMENT:
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Corrie: Shari, comment?
Stiles: Mr. Mayor and Council, the owner of the property where the Roaring Springs
Water Park is located has a non development agreement in place for those lots where
the project would be. In order for them to be eligible for a building permit, that non
development agreement does need to be amended to remove those lots so the sanitary
restrictions can be lifted.
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Gigray: Mayor and members of the Council, just a matter of clarification. I think if you
'" choose to do this evening if you just simply make a resolution that the amendment be
approved and that the city attorney draft the appropriate agreement, authorize the
Mayor and the Clerk to sign it on behalf of the city, I think you've got sufficient
information here that we could do that as an administrative act as a follow up to your
motion so it doesn't have to come back. If that's your will.
Corrie: So you all understand it, it's a resolution to the approval on the taking the non
agreement factor off of those lots.
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Bird: I'll try to stumble through it if you're ready. Mr. Mayor I move that we make
amendment to the Interstate Center non development agreement with W.H. Moore
Company and the City of Meridian and have the city attorney draw up a new or non
development agreement excluding lots 7, 9, 19, 28 on block one of Interstate Center.
An addendum to the agreement. Authorize the Mayor to sign and the clerk to attest.
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BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION )
OF REED J. BOWEN, JR., BOWDEN )
PROPERTIES, LLC, AN IDAHO LIMITED )
COMPANY, dba ROARING Spl~JNGS )
WATER PARK, THE APPLICATION FOR A )
CONDITIONAL USE PERMIT FOR A FAMILY )
WATER PARK, (18.41 ACRES), SOUTH OF )
1-84, WEST OF HIGHWAY 69, MERIDIAN, )
IDAHO )
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
RECOMMENDATION TO
CITY COUNCIL
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The above entitled conditional use permit application having come on for public
hearing on December 8, 1998, on said date at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and
written testimony and the Applicant appearing in person, and having dulyconsidered the
matter, the Planning and Zoning Commission makes the following Findings of Fact and
Conclusions of Law and Recommendation to City Council:
FINDINGS OF ~ACT
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1. A notice of a public hearing on the conditional use permit was published for
two (2) consecutive weeks prior to the first said public hearing scheduled for December 8,
1998, before the Planning and Zoning Commission, the first publication appearing and
written notice having been mailed to property owners or purchaser~".bf record within three
hundred (300') feet of the external boundaries of the property under consideration more
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND
BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK
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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
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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 Planning
and Zoning Commission at the December 8, 1998, public hearing; and the applicant,
affected property owners, and government subdivisions providing services within the
planning jurisdiction of the City of Meridian, having been given full opportunity to express
comments and submit evidence.
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., 2. There has been compliance with all notice and hearing requirements set forth
in Idaho Code 967-6509,6512, and 911-2-416E and 418E as evidenced by the Affidavit of
Mailing, and the Affidavit of Publication and Proof of Posting filed with 'the staff report.
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3.
The property is located within the City of Meridian; that the general location of
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the prop~J1Y is South of 1-84 and West of Highway 69 adjacent to the East of the Boondocks
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Recreation Park, and more particularly described within the application which description is
incorporated herein.
4. The application represents that it is being pursued by Bowden Properties,
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LLC, dba Roaring Springs with consent of the record property owner, Winston H. ~oore,
pursuant to a Conditional Purchase and Sale Agreement, and in accordance with the
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Affidavit of legal inter~st executed by Winston H. Moore, and on file as a matter of record in
this action and incorporated herein.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND
BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK
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5.
Bowden Properties, LLC has filed a written request for a conditional use
permit.
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6.
The Meridian Planning and Zoning Commission takes judicial notice of its
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Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of
the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the
City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan. 4, 1994 and Maps and the
Ordinance establishing the Impact Area Boundary.
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; 7. The subject property is currently zoned (C-G), General Retail and Service
Commercial. The subject property was annexed into the City of Meridian in August 1995,
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~ and as the prop~!rty is designated within the Meridian Comprehensive Plan as a Mixed-
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Planned Use Development area, a requirement of the annexation and the development
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agreement for the property was that all subsequent uses would be developed under the
conditional use permit process. The General Retail and Service Commercial District is
defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408
B (11).
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8. The Applicant now seeks approval for their application for a conditional use
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permit for the development of an outdoor water park development project. The Applicant
has submitted a Concept Plan and Site Plan depicting the location and appearance of the
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site, buildings, landscaping~parking, and water rides to be included within the development.
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Testimony submitted during the public hearing before the Planning and Zoning Commission
indicated that the development will attract a maximum of 3,000 vehicle trips per ~ay, will
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND
BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK
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require one and a half million gallons of water for the initial fill, with sixty thousand gallons
per day of required make up water.
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9.
The applicant and several consulting experts testified during the public
hearing regarding the specific characteristics of the proposed project and that the applicant
was agreeable to reasonable conditions imposed by the Meridian Planning and Zoning
Commission and the Meridian City Council to ensure the compatibility of the project with the
Meridian Comprehensive Plan, the City of Meridian Zoning and Development Ordinance,
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and the standards set forth within the conditional use permit provisions of the ordinance.
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10. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian
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Planning and Zoning Administrator, Shari Stiles, have submitted comments by and through
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a Memorandum dated December 7, 1998, and by and through tes.~imony during the public
hearing on this matter. Such report and comments are hereby incorporated herein.
11. Central District Health Department, the Meridian City Police Department, the
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Nampa & Meridian Irrigation District, the Meridian Fire Department, and the Meridian Sewer
Department submitted comments which are hereby incorporated herein.
12. A representative from the ACHD testified regarding various transportation
related issues, however, a final report from the ACHD was not available or received by the
Meridian Planning and Zoning Commission at the public hearing.
13. The uses proposed within the subject application will in fact constitute a
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conditional use as determined by City Policy.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
CONDITIONAL USE PER~IT - REED J. BOWEN, JR. AND
BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK
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14. 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.
15. The uses prpposed within the subject application will be designed,
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constructed, operated and maintained to be harmonious and appropriate in appearance or
intended character of the general vicinity and that such uses will not change the intended
essential character of the same area.
16. The uses proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
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17. 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.
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18. The applicant has agreed to pay any additional sewer, water or trash fees or
chargesw any associated with the use.
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19. 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.
20. Sufficient off-street parking for the property and the proposed uses of the
property will be provided.
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FINDINGS OF FACT ~ND CONCLUSIONS OF LAW lPage 5
CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND
BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK
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21, The development will not result in the destruction, loss or damage of natural
or scenic feature of major importance relating to the property.
CONCLUSIONS OF LAW
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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).
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2. The Meridian Planning and Zoning Commission may exercise all the powers
required and authorized under the "Act" except the power to adopt ordinances by the
establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code
Section 67-6504 which the City Council of the City of Meridian has established by the
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passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I,
Municipal Code of the City of Meridian.
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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
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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
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done in the adoption of its zoning ordinances.
4. The Commission ..has the duty and responsibility to review the facts and
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circumstances of each application for special use permit to determine prior to granting the
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND
BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK
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same that the evidential showing supports the finding that the following standards are met
and that the proposed development:
(Section 11-2-418, City of Meridian Zoning and Development Ord.):
a.
Will, in fact, constitute a conditional use as determined by City policy;
b.
Will be harmonious with and in accordance with the Comprehensive
Plan and this Ordinance;
c.
Will be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or
intended character of the general vicinity and that such use will not
change the essential character of the same area;
d.
Will not be hazardous or disturbing to existing or future neighboring
uses;
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e.
Will be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage
structures, refuse disposal, water, sewerorthatthe 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 t~ffic,
noise, smoke, fumes, glare or odors;
h.
Will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding
public streets; and
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Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND
BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK
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5. Prior to granting a conditional use permit in an General Retail and Service
Commercial zone (C-G), a public hearing shall be conducted with notice 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 conditional use permit all in
accordance with the provisions of Section 11-2-418( e) City of Meridian Zoning and
Development Ordinance.
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6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City
Council with supportive reasons. The Commission shall recommend that the application be
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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. (Section 2-418(f), City of Meridian Zoning and Development Ordinance.)
7. When the Commission approves a conditional use permit it may impose
conditions of that approval that reasonably:
a.
b.
c.
d.
e.
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Minimize adverse impact on other development;
Control the sequence and timing of development;
Control the duration of development;
Assure that the development is maintained property;
Designate the exact location and nature of the development;
Require the provision for on-site public facilities or services; and
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND
BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK
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Require more restrictive standards than those generally required, in
this Ordinance.
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8. Having made the afore stated Findings of Fact and Conclusions of Law, the
City of Meridian Planning and Zoning ComlJlission hereby recommends approval of the
proposed application for a conditional use permit for the uses set forth hereinabove with the
following conditions:
8.1 That the following conditions requested by the City of Meridian Planning and
Zoning Administrator and Assistant to City Engineerwithin their Memorandum
dated December 7, 1998, as amended by the Planning and Zoning
Commission be required as follows:
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8.1.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance 11-9-605 M.
The ditches to be piped should be shown on the site plans. Plans will
need to be approved by the appropriate irrigation/drainage district, or
lateral users association, with written confirmation of said approval
submitted to the Public Works Department. No variances have been
requested for tiling of any ditches crossing this project.
8.1.2 Any existing domestic wells and/or septic systems within this project
will have to be removed from their domestic service per City Ordinance
Section 5-7-517. Wells may be used for non-domestic purposes such
as landscape irrigation.
8.1.3 Off-street parking shall be provided in accordance with Section 11-2-
414 of the City of Meridian Zoning and Development Ordinance and/or
as detailed in site-specific requirements.
8.1.4 Paving and striping shall be in accordance with the standards set forth
in Sections 11-2-414D4 and 11-2-414D5 of the City of Meridian Zoning
and Development Ordinance and in accordance with Americans with
Disabilities Act (ADA) requirements. .
8.1.5 A drainage plan designed by a State of Idaho licensed arcnitect or
engineer is required and shall be submitted to the City Engineer (Ord.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND
BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK
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557,10-1-91) for all off-street parking areas. All site drainage shall be
contained and disposed of on-site.
8.1.6 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance Section 11-2-414D3.
8.1.7 All signage shall be in accordance with the standards set forth in
Section 11-2-415 of the City of Meridian Zoning and Development
Ordinance. No temporary signage, banners or flashing signs will be
permitted.
8.1.8 Provide five-foot-wide sidewalks in accordance with City Ordinance
Section 11-9-606B.
8.1.9 All construction shall conf6rm to the requirements of the Americans
with Disabilities Act. .
8.1.10 Sanitary sewer and water service to this project will be via lines that
were installed as part of the Interstate Center. >llJ:Designer is to
coordinate sizing and routing of sanitary sewer and water within the
development with the Public Works Department.
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8.1.11 The ten-inch irrigation line shown bisecting the property will need to be
relocated.
8.1.12 A non-development agreement is in effect for the majority of this
project. The property owner needs to request a modification of the
non-development agreement for approval by the Meridian City Council
prior to any permits being issued. '.
8.1.13 Sanitary restrictions are still in place for this property and will need to
be lifted prior to issuance of any permits. Provide a letter from Central
District Health Department lifting the sanitary restriction for this portion
of Interstate Center. ':.l
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8.1.14 Applicant shall provide the Public Works Department with information
on anticipated fire flow and domestic water requirements for the
proposed site. The engineer on this project was to provide detailed
information on water usage for this development; the inforllnation has
not yet been received. Flow and pressure from the existing mains
FINDINGS OF FACT AND CONC~USIONS OF LAW - Page 10
CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND
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BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK
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should be monitored with the Meridian Water Department to determine
whether adequate fire protection exists.
8.1.15 Assessment fees for water and sewer service are determined during
the building plan review process. Applicant shall be required to enter
into an Assessment Agreement with the City of Meridian. In addition to
these assessments, water "Late Comers" fees will also be charged
against this parcel to help -reimburse the parties responsible for
installing the water mains to their current points.
8.1.16 Applicant shall provide calculation of asphalt area of the parking lot to
the Meridian Planning and Zoning Department.
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;; 8.1.17 The applicant shall develop the landscaping for the subject site in the
manner set forth within the landscaping plans submitted as part of the
record; however, no trees may be located over the existing sewer
easement. Proper screening of the mechanical building must be
completed. A minimum 20-foot-wide landscape setback shall be
." required beyond the right-of-way for 1-84. Landscaping within the
parking lot shall be constructed as shown within the landscaping plan.
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8.1.18 The applicant must ensure that adjacent residential properties and the
traveling public are not-impacted by glare, and shall submit a lighting
plan to be approved by the City of Meridian Planning and Zoning
.. Department.
8.1.19 Detailed signage plans shall be submitted by the applicant subject to
design review by the Meridian Planning and Zoning Department.
8.1.20 The proposed utilities and lighting plans shall be submitted by the
applicant. The Meridian Public Works Department shall review such
plans as part of the site plan.
8.1.21 Five-foot-wide sidewalks must be provided along Overland Road.
8.1.22 A traffic study setting forth the impact at Overland Road/Highway 69
shall be submitted by the applicant.
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8.1.23 Provisions for bicycle racks must be made within the development.
FINDINGS OF FACT AND CONcLuSIONS OF LAW - Page 11
" CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND
BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK
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8.1.24 Screened trash enclosures are required per City Ordinance.
Coordinate location and construction requirements with Meridian
Sanitary Service, Inc.
8.1.25 All building and parking lot construction must meet the requirements of
the Americans with Disabilities Act.
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8.1.26 The driveway shown on Overland Road within the plans submitted by
the applicant shall be constructed to 30' and a deceleration lane shall
be provided on Overland Road.
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8.1.27 The applicant shall provide to the Meridian Planning and Zoning
Department detailed information regarding the water demands
required by the project. The City of Meridian reserves the right to
request that a restrictive schedule would need to be followed for the
time and rate of the initial fill and maintenance water volumes.
8.1.28 No City water will be allowed for landscape irrigation. The existing
pressurized irrigation system will need to be utilized for landscape
purposes.
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8.1.29 The existing services that were stubbed into the individual lots for
Interstate Center along Overland Road need to be abandoned.
Coordinate abandonment with the Public Works Department.
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8.1.30 The private road and adjacent 10' public utility easement shown on the
recorded plat must be vacated prior to issuance of the Certificate of
Occupancy.
8.1.31 Detailed information on parking requirements for the project shall be
submitted to the Meridian Planning and Zoning Department.
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8.2 That the comments from the Nampa & Meridian Irrigation District submitted
within their letter dated November 16, 1998, included as follows:
8.2.1 Nampa & 'r&1eridian Irrigation District's right-of-way on the Ten Mile
Drain is 100'; 50' from the center each way. Any encroachments
upon such right-of-way are to occur, approval must be obtained
through a license agreement with the District.
8.3 That the comments submitted by the Central District Health Department within
their comments dated November 18, 1998, be adopted as follows:
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FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND
BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK
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8.3.1 Any run-off from the project shall not create a mosquito breeding
problem.
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8.3.2 Plans shall be submitted to the Central District Health Department for
plan review for any food establishment and swimming pools or spas.
8.3.3 Stormwater shall be pretreated through a grassy swale prior to
discharge to the subsurface to prevent impact to groundwater and
surface water quality in the manner described by the;! Idaho Central
District Health' Department.
8.4
That any and all conditions and recommendations from the Ada County
Highway District as set forth within their final report to be submitted
subsequently hereto shall be complied with by the applicant.
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9. The conditions shall be reviewable by the Commission pursuant to
Section 11-2-418(K) of the City of Meridian Planning and Zoning Ordinance.
10. 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.
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11. It is hereby recommended by the Meridian Planning and Zoning
Commission that should the applicant meet the afore stated conditions that the
requested conditional use permit for the uses set forth hereinabove be granted by the
Meridian City Council to the applicant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND
BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK
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APPROVAL.oF FINDINGS OF FACT AND CONCLU~ONS
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The Meridian City Council hereby adopts and approves these Findings of Fact and
Conclusions of Law on this /573- day of JeC f n-v!)e~, , 1998.
ROLL CALL
SCOUNCILMAN BIRD
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COUNCILMAN BENTLEY
COUNCILMAN ROUNTREE
COUNCILMAN ANDERSON
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VOTED "
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VOTED
MAYOR CORRIE (TIE BREAKER)
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(INITIAL) !O\
APPRoVEDJ1~~'
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RECEIVED
DEe 1 5 1998
CITY OF MERIDIAN
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VOTED
DISAPPROVED -
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FINDINGS OF FACT AND CONCLUSIONS OF LAW . .'
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PLANNING & ZO~ COMMISSION C]
DECEMBER 8, 199ir--;,f;
PAGE 29
Smith: So, I can, I would be willing to make a motion.
De Weerd: Then do it.
Smith: Okay.
Nelson: Before you make a motion can we discuss real quick the issue of the 35
foot, we kind of discussed making that-giving them some leeway to change that
design slightly. '"
Smith: I'll make that as part of... Before I make this motion, I just verify that this is
a request for a preliminary plat?
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Rossman: Also please keep in mind in your motion staff comments, assuming
that you mayor may not want those included, also their recommendation of
storm water management and also recommendations of the Meridian Irrigation
District. If you want them included just include that in your motion please.
Smith: Mr. Chairman, I would like to make a motion that we recommend to City
Council approval of this project with the following modifications. ~The ll'-
incorporation of staff comments with the modification of site specific comment
number six, that the applicant redesign the draiflage seepage bed to comply with
Meridian City Ordinance in accordance with recommendations or suggestions
made by Bruce Freckleton tonight and that item seven under site specific
comments a 20 foot wide planning strip be modified to state that the developer
install a ten foot wide planting strip and that the owner of each lot be required to
have to add the extra ten foot to make a total of 20 foot landscape planning strip
as a buffer between the office use and the residential use. That the-
Borup: That the 20 foot be designated on the plat.
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Smith: That the 20 foot be designated on the plat as landscape, as a planning
strip buffer and that the !franklin Road corridor be designated as a landscape
areas and that all other agency comments be incorporated in our
recommendation to City Council.
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De Weerd: Second.
MacCoy: All in favor?
MOTION CARRIED: All ayes.
ITEM NO.5: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE
PERMIT FOR RQARING SPRINGS A FAMILY WATER PARK BY REED J.
BOWEN, JR -- SOUTH OF 1-84 & WEST OF HIGHWAY 69:
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PLANNING & zo~ COMMISSION O!
DECEMBER 8, 19S"lr
PAGE 30
'MacCoy: Before the public hearing, staff do you have any comments at this
time?
Stiles: Chairman MacCoy, commissioners, this is quite a little different project
than we have ever seen before in the City of Meridian, for a water park
immediately adjacent to Boondock's south of the interstate and north of
Overland. You have our comments in the memo dated December7, 1998. We
would request some of the fixes to the site plan that have been submitted. The
major items that we would like to see would include the traffic impact study. I
believe one has been prepared, they are working out the details with Ada County
Highway District and maybe Mr. Snead can speak to that. Some additional
information on the water usage. We have an existing permit, apparently well #14
would supply the water for this project. They have an initial requirement of I
believe, of 1.5 million gallons. They would coordinate the filling of that initial fill
with the public works department, we just need to have the applicant submit a
letter from the department of water resource. Bruce tells me we would modify
that comment about the request of the applicant to get the letter from the
department of water resources, the City of Meridian will get that information and
make sure it's appropriate before any filling is done, That would be number 23,
site specific. They will need to vacate the-road, private road and the utility
easements, I don't think they have a problem with doing that. They've got a
pretty aggressive schedule that they have requested that any help they can get
on expediting this they would appreciate, We do understand that you know that's
not your responsibility and that you want to give this careful consideration and
consider everything that needs to be done. I have every confidence that the
applicant will comply with everything that the city asks of them, I think it'd be a
great addition to the City of Meridian, it will hav~ an impact on the traffic, but it
will also be a great draw for people from throughout the northwest, I'm sure.
They've got, as far as my part of it, I think they've got a very good landscape plan
within the parking lot. They didn't hesitate to do a nice design there. You have
some of the copies that the elevations on some of the buildings that they had
there. My major concern which is the buffering along the interstate and the
appearance of the park from the interstate. If Bruce has anything else.
MacCoy: Bruce do you have anything? While you are thinking, I have a
question for you since 'lie did not receive in our package any document which
said how much in some type of quantity that was-I thought was exacting how
much water they would be using, and how much water they would be using per
month and so on. We didn't get that frorTleither staff or from the water ~
department I can't be able to find it so far.
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Freckleton: Chairman MacCoy, members of the commission we've had some
preliminary meetings with the applicant, what a month ago or so. We've got
some preliminary numbers on consumption, 1.5 million gallons was the initial fill,
then they have a maintenance volume that I believe was around 60,000 a day.
They do have a pretty ingenious method of replenishment. "Pney have a
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PLANNING & ZOCs COMMISSION
DECEMBER 8, 1998
PAGE 31
perimeter, they call it the lazy river, if I remember right. They would fill that at
night and then they use water from that lazy river to replenish the slides during
the day. So that lazy river acts as a reservoir. In our comments we did talk
about setting up a pretty restrictive schedule as far as volumes and rates of the
fill and the maintenance of volumes of water. We've talked with our consultant
and we don't think that is going to be a problem working that out. We do, we
would like to see some more exact calculations on the consumption and I think
that their consulting engineer has been working on that.
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MacCoy: What you are say is that you feel comfortable with what you have
presently and that you are going to receive the rest of it and going to receive the
rest of it in due time. So if we make a decision we are not putting ourselves and
the city out on a stick out there under theJalse assumption that we have
everything in the area we can supply and turn around and find out that we've
made a mistake some place. That's my only concern is the fact that it's a
quantity of water, we are supplied by wells in this city and that is our prime
source and as stated in one of your comments there, that is the one source for
the city is there is the water to the households and then everything comes
second. I hate to think that we are going to short shoot ourselves someplace
down the road.
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Freckleton: Gary Smith our public works director has been in contact with-he's
going to-today he made contact with a consultant, hydro-geologist that is very
familiar with the water situation in Meridi__n as well as the whole valley.
Discussed the project at great length. Gary also attempted to make contact with
water resources to talk it over withil!them too. We don't, from the information that
we've been provided and from what we are hearing from our consultants, it's just
not sending up any huge red flags at this point. I think there are some concerns,
but I don't think that they are anything that are going to kill us, at this juncture.
MacCoy: All right, thank you. With that, I will open it up to a public hearing, will
the applicant please step forward. Looks like you have a dog and pony show
tonight.
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ROGER SMITH, PINNACLE ENGINEERS, WAS SWORN BY THE ATTORNEY.
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Smith .,. represent the owners. I work with Pinnade Engineers here in Meridian,
870 N. Linder. Chairman MacCoy, Commissioners, we're real excited to present
this project to you today. We think that Shari that it's going to be a tremendous
draw for the City and an excellent opportunity for recreation for the people in the
local area. We've looked at a number of things onSthis site. Shari said it's
between Overland Road and the freeway and it's just immediately east of Blue
Marlin Lane, right next to Boondocks just on the west side of the Sandman Motel
and the rest of the development that's right there on the Kuna Meridian Highway,
Highway 69. We feel that we've got a really workable plan here. It's something
that we're working with topography the environment. We're working with the
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PLANNING & ZOND COMMISSION {~)
DECEMBER 8, 1998
PAGE 32
existing utilities that are here. We have a tremendous amount of grou'rid and
providing a lot of open space, green space. We think'we would be meeting you
know the attractiveness that we're looking for both from Overland Road from the
freeway that it's a very good project. We're working with about a 15 acre site
here. The owners have an option on the 11 acres of ground that are immediately
east of this project so that area will be open at least in the short term. It does
provide an area for expansion for the park. Also expansion parking if required so
we think this is a you know we've got a lot of room to work with. This is as Shari
said it's going to be a traffic issue. We do have a traffic study under way. The
traffic engineer has been working with Ada County Highway District on it. Most
of the issues are related to turning movements. One of the things that's in the
staff report from you from the City is a request for a deceleration lane which
we've included on a current plan. The most recent version. What you are
looking at here is slightly different I think than what the plan was that we
submitted about a month ago. We juggled around the attractions inside the park
a little bit, but the overall make up the number of rides, those kinds of things have
stayed essentially the same. One item that I think would be interesting to note is
that on the original projection for this development, based on the number of lots
that are in here and the type of commercial development when the subdivision
was done estimated around 7,000 trips a-day for vehicles. Our park we expect to
- well ACHD views this park aSigenerating a maximum of 3,000 vehicle trips per
day so we see that as a significant asset. We're only taking up 60% of the
developable ground in here right now so you know that would be 4200 trips a"day
roughly thatwould have been generated before actually a little more than that.
So from a traffic standpoint, we think that this use might be a little bit better than
would have been in there previously. To elaborate on the parking a little bit, we
do have enough parking for a little over 700 cars right now, and as I said there's
a little bit of room to the east where we could expand the parking lot if necessary.
That provides for the maximum vehicle the expected maximum vehicle trips per
day of 3,000, a 4 to'~ parking ratio and that would assume that everyone was
there at the same time, which we really don't expect to be the case. We expect
to be a drop or youth groups and those kinds of things where people probCibly
come in bunches and certainly for families and corporate parties, those types of
things, so we feel that we're adequately parked, The experience of the people
that we're working with a couple of companies, an engineering firm and a slide
developer out of Canada indicate to us that the parking we have is typical of what
they're doing in other areas for type of facility. As far as the structures go, I do
have some slides or at least something for you to look at. As you'll see as this is
passed around the construction of the buildings is going to be a split face
masonry with seam metal roof. The coordination of the structures will be
constructed similarly so that there will be a Oontinuous theme throughout the
park. We feel that we're going to you know we certainly want to provide an
attractive app;~arance for our guests and clients, so it's something that we're
going to want to do is to make this place very attractive and have people enjoy
their time there. There will be two mechanical buildings besides the cluster of
buildings that you are looking at there. The upper portion of the plan has an
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PLANNING & zoNC~ COMMISSION
DECEMBER 8, 1998
PAGE 33
entrance ticketing building, two locker room buildings and then a merchandizing
and administrative building that's behind those, so that's what you see when you
enter the park is looking on the right hand side of the drawing that's on the easel.
There are two more buildings that you can see in the lewer left hand side of it
that are mechanical pumping rooms. One of those the one that's further to the
right is the taller of the two buildings, that's a two story structure, but half of that
is in the ground. So we're not going to be presenting a tremendous silhouette
against the hillside with that structure. We do have a building the one that's to
the west that's going to be the closest to the freeway. It is set back far enough
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from the 20 foot easement that we'd like to have for the landscape buffer. There
will be an access drive down in there so it's not all going to be landscape, but it's
set off of the freeway right-of-way by about 33 feet at its closest point. You either
get area of landscape that's there, we feel that's going to much more than
compensate for any green space that might be lost by the access drive.
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MacCoy: Do we have this for 9ur file?
Roger Smith: Yes, if you'd like a couple of other perspectives, Something that
you don't see off of the drawing that's on the easel is the amount of elevation -
the elevation difference as you drop down the hillside there. There's about 20 'it
feet of drop from where the building pad will be to where the lowest pool area is.
So we'll be obviously using that to provide some fall for the slides but we'll also
be having a flattened out area at the bottom that provides for I guess the
(inaudible) or larger bodies of water that we won't need the drop for.
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MacCoy: All right thank you.
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Roger Smith: Those are also yours to keep. Just so you know we have several
different kinds of slides. You can see the varying configurations up there. The
slides the descriptions that we have here on the floor are not represented to be
exactly those, but things will be similar to what's going to be within the park.
There's the speed slides where they drop straight down the hill and you know
kids can race each other. People can wind up in one shot and go down at the
same time together to see who beats who to the bottom. There are the twisting
turning slides that provide a different ride obviously. There's a large area in the
bottom. Bruce has already referred to it that is called the Lazy River that is a
large just free floating column water area for people to just relax and take a float
around the lower portion of the park. There are activity pools and a children's
area. Essentially children only area with structures within the pool area that they
can play upon and there's also a wave pool which is the largest pool that you see
down at the very bottom on the lower left. As I said we have a lot of open space.
We expect to have picnics and parties, get togethers, those kinds of things on the
open grass areas that are within the park. Lastly the utilities are available. There
is water on essentially three sides of this project in Overland Road and Blue
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Marlin Lane and then a 8 inch water sub that runs down what would have been
another road within the subdivision and there's some discussion about vacating
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PLANNING & zcl:JG COMMISSION o.~ ~{)I
DECEMBER 8, 1998
PAGE 34
that. Something that we will be doing the gas sewer, there's gravity sewer at the
lower extremes of this project area, and we feel that we have adequate services
to work within. We'll be connecting obviously the utilities up within the park and
working those details with staff as indicated in the staff's letter. I do have the
detailed numbers for the water consumption that Bruce is looking for. We're
actually looking for a little bit less than, not significantly less than, but a little bit
less than the 1 % million gallon of water for fill. There's some flushing and kind of
thing that's included in those numbers and the 60,000 gallons of water a day
make up water is accurate and we will be working with the City of the times that
we can do that and not impact the r~st of the City's water demand. Subject to
your questions, that's alii have.
MacCoy: I've got two questions for you. Are you in any way affiliated with the
slide that was here about two years down -
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Roger Smith: Wild Waters.
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MacCoy: Yes.
Roger Smith: No.
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MacCoy: That's a different operation. And the other question I have is this just a
seasonal thing? Are you going to work all year round?
Roger Smith: Expect it to only operate on the order of three to four months. The
warm weather months of the year. It won't be a full time operation as far as the
park goes. At least that's not projected currently. The temperatures particularly
on a day like today, we wouldn't see much activity.
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MacCoy: You wouldn't have ice slides or anything.
Roger Smith: No.
MacCoy: Then is there any questions from the commissioners?
Borup: Yes, Mr. Chairman. I just wanted to clarify your comment on the traffic.
think staff had mentioned earlier their only main two concerns was traffic study
and the water usage. You'd mentioned the figure of 6,000 vehicles today. You
say that was the anticipated traffic ACHD came up with when this area was first -
Roger Smith: I think and I'm kind of quoting off of some information that we've
been given that it was 7800 vehicles per day.
Borup: 7800.
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Roger Smith: Right. I think I said 7000 previously, so prorating that to us having
60% of the ground in here now.
Borup: That 7800 that was on the 26 acres. 15 pllJs the even that you optioned?
Roger Smith: I believe so. it might include Boondocks and those parcels also.
Borup: So this subdivision was approved at that time based on that type of traffic
count.
Roger Smith: That's correct.
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Borup: I think you answered the question on the water usage. How many
gallons - what's the size of the river as far as the water gallons?
Roger Smith: I don't have that specific number.
Borup: Apparently considerably more than 60,000.
Roger Smith: Yes, considerably more than 60,000 gallons.
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Borup: So you're anticipating -
Roger Smith: situation of several inches a day for the water that that would drop
from evaporation from people carrying water out with them when they exit pools.
Those types of things.
Borup: So it sounds like the 60,000 gallons which would be replenished from the
river is not really - doesn't have much effect on it, you're saying?
Roger Smith: No, it \lion't have a significant operational effect on it.
Borup: Thank you.
Smith: The landscape plan overall that was submitted, this is all new proposed
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parking. ~
Roger Smith: That's correct.
Smith: Okay and you mentioned that you anticipated that there be a lot of groups
of kids coming, and I would assume that they'd be on buses, vans, that kind of
thing.
Roger Smith: We would expect a certain percentage of that.
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PLANNIN:'G & ZONa COMMISSION
DECEMBER 8, 1998-
PAGE 36
Smith: But there's no provisions made on the site plan for any kind of parking for
those types of vehicles.
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Roger Smith: That's correct. We expect to if there is use of double stalls for you
know parking through two lanes of parking and perhaps a lower area of the
parking areas is something that the owners are expecting to accommodate.
Particularly if it's a group and they can schedule in advance and make
arrangements for the kind of.
Smith: What would be the maximum height of one of these water slides above
adjacent grade.
Roger Smith: I think the tallest one is about 50 feet relative to adjacent grade.
Smith: Okay.
Roger Smith: Because we have fall, I think the tallest fall we have is seven.
(Inaudible)
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Roger Smith: Because we are able to use the fall with the ground, we won't have
to make them the full height obviously of the fall, so the towers are going to be in
the 35, maybe 40 foot maximum range adjacent to existing grade.
Smith: That's alii (Inaudible).
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MacCoy: Commissioner Nelson, do you have anything? Question, I didn't see
any handicap parking in your parking zone. Maybe that we were interested in the
preliminary form.
Roger Smith: I believe you have site plans, if you look at the-well, actually the
area in the lower right hand corner of the drawing that is on the easel. The
parking are is the same layout that you folks have now. There is a series of",stalls
right adjacent to the sidewalk and the lower right hand corner of the landscaped
area where that one slide is. That is the area where the handicap parking will be
because it's the closest to adjacent to a sidewalk that fhey can just directly come
on to the-be able to immediately access. We are considering the ADA
restrictions and those kinds of things.
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MacCoy: You also got it for vans so they have side loads and so on.
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Roger Smith: The standard ACHD stalls.
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MacCoy: Okay, if that's the case you can sit down for a moment. Is there
anyone here who would like to speak in favor of this? Pretty quiet. Anyone in
here who wants to speak on the other side of the fences and find out if they have
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PLANNING & ZOa COMMISSION
DECEMBER 8, 1998
PAGE 37
some questions or if they have a negative they think they have, they might get an
answer for them. You may come up. Yes.
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BEVERLY HAGLUND, 1287 E. STRUCKER, MERIDI~N, 10. WAS SWORN IN
BY THE ATTORNEY. "
Haglund: I just wanted to ask a couple of questions, if the park is going to be
open up for only a few months of the year-my real concern with Meridian, mil
husband and I bought our home a year ago. We like Meridian, but it's growing so
fast, it's k!nd of turning into an old redeveloped area and when I look at the park,
one of my concerns was what is going to happen in the winter time and what
happens if you are only open a few months of the year and-I meah I know you
all want to make this work, but if it doesn't work, the last thing Meridian needs is
another abandoned building or something that never gets off the ground like it ~
should. Wh~t's going to happen to it in the winter, what is it going to look like? Is
it still going to be attractive all year long as people come into our state from the
interstate, what are they going to see during the winter time? My husband and I
went to northern Idaho and we drove to Coeur d' Alene and what was that place?
Rossman: Silverwood?
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Haglund: Yeah, that is the most ugly thing in the winter that I've ever seen. It's
just right there on the freeway, it's all this wood that looks like some structure that
is so unattractive that I was very,very disappointed because I heard it was so
beautiful up there. So anyway, my concern is it still going to be as pretty as the
picture even in the winter time? Is it something people want to go to and if it
doesn't make it, what is going to happen? Can you make it work, is it going to
cost so much that it won't pay for itself? Ends up to be abandoned in five years
and I don't know what happened to the other water park by the freeway over
therel\ but it has stood there for a long time not being used. Eventually went
away. So, I'm just kind of curious about all that.
MacCoy: We'll get you Nancy here in a minute. Is there anybody else who
would like to come forward and have a question say or whatever you want to call
,.~ them. Okay, if not, the applicant come back up here and you've got one question
to answer anyway.
Rog_er Smith: I guess just to answer as it relates to the wild waters park that was
in B.oise previously that I guess some people know went away because of the
interchange that was done there and the reason it stood vacant was that they
were waiting to do the construction there. There wasn't anything done with that
for a long time. It wasn't operated becaus~ it was condemned by the state, or
the state bought it off, and that beca~ part of the interchange. So that's what
happened with tha~ one. As far what this will look like in the winter time, the type
of structures that we are building are going to look, are meant to be very low
maintenance and look good year round. They are going to be reasonably
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PLANNING & ZONI~ COMMISSION 0
DECEMBER 8, 1998
PAGE 38
modern looking structure with an exterior that requires little to no maintenance.
The buildings will look like they do in the summer time, obviously the foliage the
grass is going to turn brown like it does in your yard and we will winterize the
park and drawing the water levels down so they are below, like any other pool
wouldi; draw the water levels down so they are below the jet level and blow them
out so the pipes don't freeze in the winter time. Other than that, that's about all
the change there is. The trees will loose their leaves and the Pines will keep
there needles. That's about the extent of what we will do.
MacCoy: Any thought to in the future trying to-since we have ice time here, low
temperatures, and so on, making it a slide for kids with ice lining, burlap and
whatever license?
Roger Smith: I think they would have to take a look at the liability aspects,
certainly, if we are ready to operate as a water park. I'm not sure that we are
ready operate as a snow slide.
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MacCoy: Along with the same line that she was talking about, you know, you try
and look for other usage.
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Roger Smith: It may be a possibility and I think the owners will consider that. I
think the future plans if this expands there maybe other options for winter time
use that will keep the whole thing open for more of the year. I think that is about
all we can address on that. From the standpoint of whether it will make it or not.
We've looked at the marketability and the demographics of the area. What the
previous park used as far as people and what the draw will be and certainly
wouldn't be here if I didn't think it would make it.
MacCoy: We have a lot more kids now days then we did two years ago.
De Weerd: Mr. Chairman, I have a couple of questions. First would be what are
the width of your planting strips in the parking lot?
Roger Smith: They are a minimum of six feet at the request of Shari. ;'
De Weerd: Around your park, do you have-what kind of fencing are you using,
or how are you?
R. Smith: There will be a - have you been to Boondocks? Are you familiar with
what Boondocks' fence is? It will be something along those lines. We're not
expecting to do a chain link, razor wire type of thing because it wouldn't look very
good. You know nobody would want to be there. We'll have it as something
that's attractive. We would like to be a draw from the interstate. We want it to
look good. We want people to go by the thing on their commute from Nampa
and say boy, that's a neat looking place. You know we want to go there. So it's
a high priority for us to make this a really attractive draw from the street. We're
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PLANNING & ZONC'COMMISSION
DECEMBER 8, 1998
PAGE 39
going to do some low level lighting inside the park at night that's going to - I
mean it's not just going to be a black hole there at night. It will be a little bit of
security lighting and a little bit of I would call it ffi6)od lighting that enhances how
the place looks and provides a good looking appearance for us. So you don't
have to drive by during the day to know that you want to go there.
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De Weerd: I guess my last question would be do you have any response to
staff's comments?
R. Smith: There are three items. I think Bruce and Shari have already taken
care of one of them. There are three items that refer to issuance of a building
permit or any permits prior to doing certain things. We're going to be into this
thing as Shari noted before this is - we'd like to have this thing open in the
summer you know for Memorial Day or if not sooner, and that's going to require
some very aggressive maneuvering on our part and for the contractors and
everyone else. We would like to put the stipulation that the rather than prior to
issuance of permits that those be changed to prior to certificate of occupancy.
We're not going anywhere until we get those things done and we're prepared,tor
that. There are a couple of items like the vacation of right-of-way and easements
that take a little bit of time. The process- of getting responses back from the ...
agencies involved in any process takes some time so we would like those-items
6, 7 and 26 to be adjusted to read prior to the certificate of occupancy.
Borup: Are you talking the site specific comments?
R. Smith: That's correct.
MacCoy: While he's looking, what are your hours of operation in the
summertime?
i)
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R. Smith: That's been discussed quite a bit. We expect it to not open before
9:00 or 10:00 in the morning. Let it warm up a little bit in the day and then to run
to typical 7:00 maybe~:OO at night. There's some consideration of trying to just
hang with the daylight hours. As we said the liability issues we're a little
concerned about operating actually at night because of people being able to see
what they are doing and you know the potential for injury, but that's the general
ballpark of what to expect to run.
.
MacCoy: I appreciate your comment about when the park is closed of doing a
nice job for lighting or low level lighting so it looks like it's lived in and it has an
asset to"it, instead of being a black hole. That would be a disadvantage to us.
.P,' ;J
De Weerd: So other than the permits, you have no other objections?
I!'
R. Smith: No, we have no other real issues with the City's comments.
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PLANNING & zotl:s COMMISSION
DECEMBER 8, 1998
PAGE 40
De Weerd: Thank you.
O~C<
!- I
. I
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MacCoy: Commissioner Smith do you have anything? Mr. Nelson do you have
anything?
.
Smith: Just a comment I guess is from what was submitted, it's impossible to
really to tell what these structures are going to look like. We've got some images
of some other parks here in front of us. Tne lady's comment earlier about the
operation"up in Northern Idaho that's offensive to the eye, that does concern me
about just not knowing what it's going to look like. So that's just my comment,
you know you can't tell from what's submitted, so I am concerned about what it's
going to look like.
MacCoy: I think you probably realize that in coming to this board you would
realize that Commissioners as well as the board members will after us will be the
same way. -
(t
R. Smith: I'm not sure that we have the actual - there are two what I would
consider taller towers that have slides coming off of them. But I think by most of
what you can see the circular tubes anrthe fiber glass slide is probably the @.
prominent structure that you'll see. You know it will be in the air and you'll see
some stairs going up to that platform where people jump in there. Like we said
you know the tallest one will be in the mid 30's for height and the rest of them will
be smaller than that. Probably the best example is something over on the side
here that sho'tllS a slide that's maybe 20 or so feet in the air.
l! Smith: Can you bring that up here?
R. Smith: As long as you don't take it away from me,
Smith: I'll let Will decide that. I guess these taller structures, what's going to be
the structure that supports the tubes and the tovvers and so forth. Is it like a steel
structure? This tube over here looks like it's some kind of concrete super
structure there.
Rossman: I guess if you are going to testify, we better have you identify yourself.
JOHN RIDDELL, PRO SLIDE NOVA TECH ENGINEERING WA& SWORN BY
THE ATTORNEY.
I:=!
Riddell: Just a couple of comJ1llents, The color shown on the plan of the liides
are the actual colors or very close to the actual colors that the fiber glass rides
will be. So you can see the yellow and the black and the blue. The structures
themselves, there is three towers. This is similar to what the ride at the very top
would look like. It's called a pro racer. The tower itself would a steel structure.
H beams, I beams with some cross bracing, stairs coming up, metal stairs with
PLANNING & ZO~] COMMISSION rfJl
DECEMBER 8, 1998
PAGE 41
concrete treads. The other slides would be supported by steel structures similar
to that intermediate supports along the rides of steel columns at the higher points
or round columns, basically the same color as the rides and as you get closer to
the ground and the columns get shorter, there would be concrete on concrete
foundation. (Inaudible) or metal roof is something (Inaudible.
Smith: Okay, that answers my question. Thank you.
MacCoy: Staff do you have anything you want to ask at this point?
REED BOWEN WAS SWORN BY THE ATTORNEY.
,.
Bowen: I want to address the concerns oflMrs. Hagland. I think she raises some
good concerns. Those are concerns that I have too. I am currently in the
process of building a new home out by Foxtail Golf Course, and I'm sure that
someday that will be part of Meridian. I'm also the owner of Date Tel
Communications and own a business building directly behind the Pizza Hut just
off of 1st up by the freeway, so this water slide will be right down in the area
where I do business and the one thing that I want to make sure is that when I
have people come to town that when they see that water slide that they see 1t.
something that's very attractive and aesthetically pleasing to the City of:Meridian.
I think that Meridian even though we're growing that's just part of what happens
to a city. I don't think there's any city that you can say we're going to freeze our "
growth, but what growth we do get we've got to make sure it's ap~opriate and it
looks good and it helps to enhance the attractiveness of the city. We've taken
.
every effort that we can to make sure that what we're developing out there will do
that. On a- piece of paper 15 acres really hard to visualize. But when you stand
out there on the property and y.ou see how much land we have, we've taken
great care in making sure that we don't stack these slides on top of each other,
We want them to be a lot of open spaces, a lot of greenery, a lot of landscape
that adds 'to the beauty of the park. Water parks unlike giant wood roller coasters
like in Northern Idaho are very attractive. They are very colorful. The giant wood
roller coaster which Mrs. Hagland refers to is extrerrely displeasing even in the
summertime. Winter notwithstanding, but we want some ~Iace - one of the
things that our water park does is it's our greatest marketing tool. If that thing
looks bad as people drive by, and it's not pleasing to the eye, people don't come
to your water park so great efforts have been made in the design and
development and the care of the park to make sure that it's well maintained. As
we go through the winter, one of the things that is extremely expensive for us is if
we don't continue to do the maintenance through the winter. If we just walk away
from it and expect to come back in the spring and have it fully functional and
ready to go, we could be in for a big shock so throughout the winter we'll make
sure that it's welllfllaintained, that it's ple,sing to the eye with lights or.whatever it
take to make sure that that continues on and that the park maintains its attractive
appearance throughout the winter. I think when we started to develop the park
what we felt that the Treasure Valley needed and why Meridian was such a
.
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PLANNING & ZO~ COMMISSION O!
DECEMBER 8, 1998
PAGE 42
terrific location for this is because it's so centrally located in the valley. And that's
why we chose that piece of the freeway. We were looking for some type of a
recreation activity in the valley that could bring families together and give them a
place where they can come and associate with one another and interact with one
another. Going to a basketball game or a hockey game or a football game sure
you can get out with the family, but we all sit there in a nice long row and we
watch a football game. With the water park you can get out, play in the water
with your family, splash around and really develop those bonds that I think are
really important to any community and especially the community of Meridian. I
think it will go a long way to really putting Meridian on the map as the center of
the Treasure Valley. We've also made a conscious effort to spend the additional
money to make sure that the structures that we build are built out of steel that's
painted. Perhaps you've seen water parks that are made out of wood. And after
a period of time they start to look extremely wood like. I mean they get that
graying appearance and they start to look old. We don't want that. In fact we've
told them specifically that any cement that is in the project for holding up those
slides needs to be for footings only and the steel is to raise up out of the ground
and anything else is to be painted, so w~'ve addressed those issues. We want to
make sure it's succes~ful. Financially I don't want to put any money into this if
it's going to go belly up and we spent -my background I spent five years with ~
Coopers and Libran, so I'm a CPA. We hired a company by the name of William
Harrelson and Associates out of Richland, Texas. They are the number one
feasibility study company in the United States for water parks. They do hundreds
of them over their life. They came back to us with a very conservative feasibility
stugy as what this valley ought to be able to do as far as the water park. We
didn't want something that was out far on the edge that we couldn't achieve and
that was only blue sky. We wanted to know you know best case worst case what
can we do. With what they came back with, we can break even at 45% of what
they projected we will do on a conservative basis. So we know the project is
viable. We know it makes in that short period of time I know that it might seem
like how can anything survive with three months, but we run a lot of people
through the park. That generates a lot of revenue in a very short period of time.
Keeping costs in line with that and recognizing that we don't have the larger
costs of labor and those types of things through the remainder of the year, we
are able to generate a profit that sustains the park throughout the year. So we
went into this with the idea that we would expand the park on an every couple of
year basis keeping it new, keeping it current, not letting it run down. We want to
make sure that that part of Meridian is an entertainment center that brings people
to the City of Meridian, benefits not only us, but the other businesses and people
that live in Meridian. Thank you.
~
MacCoy: Thank you. Do you have any questions of him before he steps away?
Shari, you didn't have anything left to say or any questions? Did I read that right,
or not?~
PLANNING & ZONO:(COMMISSION
DECEMBER 8, 1998
PAGE 43
Stiles: Chairman MacCoy, commissioners, do you want to go through these
comments, the ones that we wouldn't have a problem modifying, or is that
premature?
()
OO~
Borup: Mr. Chairman, that was my question, I think the applicant stated 6, 7, and
26.
MacCoy: Probably a good idea.
Borup: To change to issuance of certificate of occupancy rather than building
~~~ ~
.
Stiles: Six and 7 would need to remain as is, because there is a sanitary
restriction on the property right now. Building permits can not be issued until that
sanitary restriction is lifted. I would encourage Jonathan Seal from-the current
lIowner of the property, W H Moore, if he could get that request in tomorrow so
that if this goes to City Council next week they can act on that non-development
agreement modification at the same meeting. That's what it is going to take for
Central District Health to ~ft those sanitary restrictions.
Borup: Excuse me Shari, could you explain what do you mean by sanitary
restrictions, I'm not familiar with what that is referring to.
,(
r~
Stiles: When the property when the plat was recorded, they entered into a non-
development agree~nt for a portion of the property, in order that they didn't
have to make all those improvements right at this time. Otherwise they.would
have io complete all the landscaping and I'm not sure all the improvements that
would've been required at that time, but in effect a non-development agreement
places those sanitary restrictions on the property. There weren't services
stubbed to each lot within this development which would h~ppen in a normal
subdivision that was platted and recorded and did not have a non-development
agreement and because they didn't know the nature of the development that was
going to occur, in the future, that's why they didn't want to complete those
improvements.
Borup: It looks like in this case, it was a good idea.
"
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Stiles: So it's a simple process, but the effect of that non-development
agreement is that they don't consider that there is sewer and water service to
each lot, so there are no building permits issued.
Borup: So those two items are now time consuming.
.
Stiles: No, not if they can get that in to us tomorrow, we can put it on the agenda
for the 15th, if you recommend passing it on.
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PLANNING & ZO~ COMMISSION
DECEMBER 8, 1998
PAGE 44
Borup: Okay, thank you.
;1
0',
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. Stiles: The other item on 23, we would like to strike the part that says applicant
shall provide a letter from department of water resources. Strike that one
sentence, the rest of it would still be okay. Number 26, strike building permits at
the end of the sentence and replace with a certificate of occupancy.
!!'
Borup: That was all you had?
De Weerd: So those changes were just to 23 and 26?
m
Stiles: Yes.
MacCoy: Anything else Keith?
Borup: I have nothing else.
De Weerd: "'r. Chairman, Shari have you heard anything from ACHD this-what
we had was a draft and they were supposed to meet on December 21l11. Are there
any changes or anything anticipated? - - - ...
Stiles: Could I have Steve Snead from Ada County Highway District to address
that?
Rossman: You have previously been sworn, just state your name.
~
Snead: At this time we are still waiting as Roger Smith stated for traffic study
from the traffic engineer to make our final analyzes on the turning lane, the decel
lanes and so forth, so at this time, the staff report is in the draft status and it is
still preliminary. I do not actually have that and we will be finalizing that-I'm not
aware that it's-Shari when was that before commission?
~
Rossman: That's a good question, I was wanting to ask the same. Is it the
intention to put this up next week to City Councilor, you mentioned if it goes up
to the 15th, 14th?
Stiles: If they act to recom~nd tonight, that is when it would~o to City Council.
Rossman: Typically these would not come up before the City Council until the
first hearing in January if it were decided tonight. That can always be expedited
by request of the Planning and Zoning Commissioft, I just need to know that so
we can get the writtenlecommendation.
Stiles: Typically in the five years I've been here, they would go to City Council
next week.
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PLANNING & ZO~~~ COMMISSION
DECEMBER 8, 1998
PAGE 45
Rossman: But typically has changed in the last few weeks with the new
procedures. It's virtual impossible on all of these applications to have written
recommendations prepared in less than a week, if you understand what I mean.
Before they were going up after the approval of the written Findings of Fact and
Conclusions of Law by the Planning and Zoning Commission. So they were
already prepared.
~~,
'1~)!
Stile.s: You might lte working a few late hours after you talk to the mayor.
Rossman: Well, that's fine, that's why I'm saying I need to know that so if the
Planning and Zoning Gommission wants us to go up immediately that needs to
be put into the motion so that we can have that directive.
.
Borup: Mr. Chairman, I had a question for Steve, were you familiar with the
traffic count from the previous annexation and subdivision do those numbers all
sE!em W jive with...
Snead: I do not have that information with me, I'm sorry.
Borup: Is that something staff had reviewed?
~
Snead: I'm sure it has, I'm sure it's in the staff report and the original staff report
for interstate center, The original development and I'm sure it's in the draft staff
report, but I do not have that information and I have not reviewed it.
Borup: Okay, thank you.
De Weerd: Mr. Chairman, one more question. What time frame are you working
on?
I.~
Snead: I'll be honest with you, I do not know. If it's in a draft status at this time, I
would imagine that it would go to tech review probably this Friday to be before
our commission on the 15th, that is only speculation, I do not know that.
...
(Inaudible)
De Weerd: So your report would come out at the same time that the City Council
is looking at this.
Snead: If it's on the 15th, that's correct. Excuse me, the 16th our commission
meetings are on Wednesday, so it 'Mould be the day before. Any other
:I!: questions?
MacCoy: Okay, thank you. Shari do you have..anything else?
Stiles: No.
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PLANNING & ZONIO COMMISSION
DECEMBER 8, 1998
PAGE 46
Q
MacCoy: Does Bruce have anything?
Smith: Mr. Chairman, I would like to make a motion that we close this public
hearing.
De Weerd: Second.
,~
"
MacCoy: All in favor?
,
'MOTION CARRIED: All ayes.
MacCoy: Any discussion now as to what is next?
De Weerd: I have none.
Smith: I'm a little unsure, do we want to make this recommendation, even
though we don't expect any ACHD final report till after? It looks like we are
expected to put some pressure on our attorney here.
Rossman: That's no problem, I could easily prepare the recommendation, I just
need to know that I need to do it. So that City Council is not surprised.
Borup: In the past we have done things without, not very often but without the
ACHD making it contingent upon complying with all of their findings. I did find in
the ACHD draft it did talk about he 7800 units based on the 95' approval of the
subdivision. If the preliminary report that they have is accurate tnen we are
talking less traffic than was approved three years ago. That makes me feel fairly
comfortable on the traffic aspect.
Smith: I agree with that.
Borup: It sounds like the water usage part, staff felt comfortable with that. That
was the only two concerns.
MacCoy: Recommendation?
Rossman: I guess I would just like to put in a point of clarification here, so I
guess if you did an act without final ACHD recommendations, how are you
suggesting that you would frame tYl'e recommendation that they comply with any
and all conditions and recommendations of the Ada County Highway District as
set forth in their final report subsequently to be issued. That's perfectly fine too,
it's just. Or do you want to address this preliminary. I don't think it would be
appropriate to impose conditions that are in the preliminary drqft report since it's
not a final report, So maybe it would be better to do it that way. Just say that
.
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PLANNING & ZON()-'COMMISSION 0;
DECEMBER 8, 1998
PAGE 47
they comply with the conditions requested by the Ada County Highway District in
their final report.
MacCoy: We have done that in the past once in a while.
Borup: Maybe we should have asked them specifically, but I don't think the
applicant had any concern with ACHD report.
MacCoy: Didn't seem to be. He's shaking his head no.
De Weerd: Mr. Chairman, I would like to move that we recommend the request
for a conditional use permit for roaring springs water park with the changes to
staff comments on number 23 to eliminate the sentence the applicant shall
'" provide a letter from the Idaho Department of Water Resources verifying that the
city's permit number 63-11737 (well #14) will allow water to be...
(END OF TAPE)
De Weerd: ...As well to change the end of number 26 to eliminate building
permits and in it's place, replace it with the certificate of occupancy and to
comply with the conditions of ACHD's recommendations.
Borup: Second.
MacCoy: All in favor?
Nelson: I just wanted to make a comment that ACHD's final.
De Weerd: Final.
Rossman: Another point of clarification, I don't know, did you address paragraph
o six and seven of the staff comments.
~
Borup: They stayed the same.
~(
De Weerd: No, I didn't.
.
MOTION CARRIED: All ayes.
De Weerd: Did I need to add to that to expedite this so the council.
Rossman: Yes, you can raise a separate motion for that.
De Weerd: I'm sorry. Mr. Chairman, I would move that we direct the city
attorney to expedite the written recommendation to City Council so that it can be
looked at it at the next City Council meeting.
PLANNING & ZONe COMMISSION
DECEMBER 8, 199Y
PAGE 48
1JO
MacCoy: Do I have a second.
Nelson: Second.
De Weerd: Wait, the next meeting on December 15th.
Nelson: Second.
MacCoy: All in favor?
;;
.~
;ti
MOTION CARRIED: All ayes.
(BREAK)
ITEM NO.6: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF
APPROXIMATELY 3.86 ACRES FOR PROPOSED CHERRY LANE ESTATES
BY JEFFREY L. MANSHIP - 4375 W, CHERRY LANE:
MacCoy: Staff do you have any commEW~ on this one now before we start thet
public hearing?
t1
J;reckleton: Mr. Chairman, members of the commission, from the public works
standpoint, probably the biggest issue that I would like to point out would be
sewer and water service to the proposed subdivision, Back when Cherry Lane
was rebuilt two years ago, I believe it ~as,~ There was a ten inch water main
stubbed into the 30 foot easement that transverses along the westerly boundary
of this project site. That water main stub was fundea by Mike and Cheryl Brown
and their partners in the property that is south of this subdivision. Ownership of
that particular stub remains with them as far as I know until it is extended, So
'"
~ that's where that line stops right now. They've put it in to the right-of-way to get it
,., outside of the public street improvements for Cherry Lane in that road. Sewer for
the site, this would have to sewer to a future trunk line that would come up Black
Cat and then follow Ten Mile Creek. It's.".()ur recommendation that a dry line
sewer be installed at this point in time in that 30 feet so that it would sewer, in the
future when the trunk line is there to the south to that trunk line. So as far as
sewer and water goes that's about where we are at.
MacCoy: Okay, thank you. Shari?
,.
Stiles: Chairman MacCoy, c,ommissioners, you have our comments that have
been submitted that are dated December 7, 1998 because we did get these
prepared so late, we requested that the applicant come prepared tonight to
address each of the items on this memo. It's not typic;?ll that the city would
consider annexation and subdivision of a plat without 'provision of sewer service.
We would not like it to be a president to think that everyone within the city does
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