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HomeMy WebLinkAboutJoint School Dist. CUP 02-046 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A BUS FACILITY IN AN I-L ZONE, LOCATED AT 2170 W. FRANKLIN ROAD, MERIDIAN, IDAHO JOINT SCHOOL DISTRICT NO.2, APPLICANT C/C 02/11/03 ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-046 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on February 11,2003, at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark, Interim Director of the Planning and Zoning Administrator, Michael Thomas and Elaine Martin, 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 I. A notice of a public hearing on the conditional use permit was published for two FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-046) 1 (2) consecutive weeks prior to the said public hearing scheduled for February 11, 2003, 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 February II, 2003, public hearing; 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 !H167-6509, 6512, and Meridian City Code 99 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-L zone and by reason ofthe provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 2170 W. Franklin Road, Meridian, Idaho. 5. The owner of record ofthe subject property is Ronald VanAuker, 3084 E. Lanark, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-046) 2 Meridian, Idaho 83642. 6. Applicant is Joint School District No.2, 911 Meridian Road, Meridian, Idaho 83642. 7. The subject property is currently zoned l-L. The zoning district ofI-L 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 bus facility in an l-L zone. The l-L zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 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 amended 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 (CUP-02-046) 3 following conditions of development are imposed and the following is also found to be required to mitigate the effects ofthe 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 modified by the Planning and Zoning Commission), as follows: SITE SPECIFIC REOUIREMENTS 1. The submitted landscape plan (prepared by LCA Architects and Jensen Belts) shall be modified to include trees every thirty-five feet (35) on the north, east and western perimeter of the subj ect property. Perimeter fencing shall be constructed around the entire perimeter. Fencing adjacent to the northern property line, and the eastern boundary adjacent to Marcon, shall be covered either by lattice, slats, or shall be of solid construction. The Applicant has applied for a formal Variance for the reduced landscaping. AIl landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. A detailed landscape plan must be subrnitted as part of the Certificate of Zoning Compliance application. 2. The two private access roads shall be designed and constructed to ACHD standards, including the sidewalk, curb and gutter requirements listed in Subsection C of the ACHD report. The roads shall be dedicated as public roads as part of the PreliminarylFinal Plat for this property. 3. A minimum 5-foot wide sidewalk shall be constructed on Franklin Road, in accordance with either Finding B.2.1 or B.2.2 of the ACHD report, however, said sidewalk and landscape buffer shall not be required to be constructed until the remainder of the parcel is developed, or replatted. 4. 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 right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 5. All signage shall bein accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-046) 4 6. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. [NOTE: A minimum ofnine (9) handicap-accessible parking spaces must be provided - seven (7) standard and two (2) van. Site Plan should be modified accordingly.] 7. All parking shall be striped and improved in accordance with the submitted site plan. Recycled asphalt shall be permitted in the bus parking area in lieu of standard asphaltic concrete. 8. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1 997 publication Catalog 0 f Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a 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. 9. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance l1-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 10. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of II 0% ofthe cost ofthe required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. 11. Sanitary sewer and water service to this site shall be via main line extensions from existing mains adjacent to the property. 12. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Civil designer to coordinate main sizing and routing with the Public Works Department. 13. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-046) 5 B. Adopt the Recommendations of ACHD as follows: Site Soecific Conditions of Aooroval 1. The applicant may construct a driveway/future street on the east property line, as proposed. Pave the driveway/street a minimum of30-feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. If the roadway is to be dedicated to the public it should be constructed as a 40-foot street section with curb, gutter and 5-foot wide sidewalks. In addition, the following requirements must be met if the applicant wishes to dedicate the driveway/street to ACHD: . Dedicate a minimum of 54-feet of right-of-way for the road. . Construct the roadway to the minimum ACHD requirements (contact District staff for more information). 2. The applicant may construct a driveway/future street located approximately 400- feet east of the west property line and approximately 780-feet from the eastern driveway, as proposed. Pave the driveway/street a minimum of30-feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. Ifthe roadway is to be dedicated to the public it should be constructed as a 40-foot street section with curb, gutter and 5-foot wide sidewalks. In addition, the following requirements must be met if the applicant wishes to dedicate the driveway/street to ACHD: . Dedicate a minimum of 54-feet of right-of-way for the road. . Construct the roadway to the minimum ACHD requirements (contact District staff for more information). 3. Franklin Road, from Linder Road to Ten Mile Road, was overlayed in 2002. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for further details. 4. If sidewalk is constructed on Franklin Road, the face of the sidewalk shall be located a minimum of 41- feet from centerline. Provide an easement for any portion of the sidewalk on Franklin Road that meanders outside ofthe right-of-way. 5. Comply with all Standard Conditions of Approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-046) 6 Standard Conditions of Aoproval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certifY all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 7. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 8. It is the responsibility of the applicant to verifY all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 9. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-046) 7 upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 10. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix ill-A ofthe Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A. Provide one additional fire hydrant next to the Administration Building. 2. Operational fire hydrants are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department submitted thru the Public Works Department. 5. All radii for internal & extemal roads shall be 28' inside and 48' outside radius. 6. A 20' wide fire lane shall be provided around the proposed facility. 7. The fire department requests that any future signalization installed as the result of the development of this project are equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 8. Provide detail of the fire truck turnaround on the southeast comer of the project. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 1. File a Land Use Change/Site application with the Nampa & Meridian Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-046) 8 2. The Nampa & Meridian Irrigation District's Eightmile Lateral courses through the proposed project. The District will not allow any encroachments within the easement of the Eightrnile Lateral without approved plans and a signed license agreement. E. Adopt the Recommendations of Sanitary Service Company as follows: I. Drive-on clearance is not adequate for service accessibility. 13. The proposed uses within the subject application will be harmonious with and in accordance with the adopted Meridian Comprehensive Plan text, policies and Future Land Use Map, and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the Generalized Land Use Map as "Industrial". 14. It is found that the site is large enough to accommodate the required parking, landscaping, setbacks, and other required improvements of the Zoning Ordinance. 15. It is found that the proposed use and development plan is harmonious with recently adopted Comprehensive Plan. The current Comprehensive Plan Land Use Map designates the property as "Industrial" and currently zoned I-L. It is further found that the requested bus facility use is a "Conditional Use" according to MCC 11-8-1. It is found that if the use is approved with conditions, particularly to provide adequate run-off control and screening, the use will be harmonious with the Meridian Zoning Ordinance and the Comprehensive Plan. 16. It is found that the proposed development will not adversely change the intended character of the general vicinity. The intended use ofthe area south of the railroad tracks is industrial, as are the parcels to the east and west. The existing residential uses on the north side ofthe railroad may be impacted by some noise and fume generation on the subject site. It should FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-046) 9 be noted that the majority of the bus parking is not located along the north boundary, helping to minimize the possible impacts. 17. It is anticipated that the proposed use may have an adverse effect on nearby residential properties, unless special measures are taken to reduce impacts associated with the bus traffic. 18. It is found that the proposed development will be adequately served by the essential public facilities and services. 19. It is found that the proposed use would not create excessive additional requirements at public cost for public facilities and service and will not be detrimental to the economic welfare of the community. 20. It is not anticipated that the proposed use will be detrimental to the general welfare of the community by means of increased noise, smoke fumes, glare or odors generated by the proposed educational uses. Noise and exhaust from the increased bus and employee car traffic (idling engines) may have a detrimental effect on the adjacent subdivision to the south. 21. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets as long as ACHD requirements are enforced. At full utilization of the site, a signal may be warranted on Franklin Road to help minimize interference on Frauklin. 22. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. CONCLUSIONS OF LAW I. The City of Meridian shall exercise the powers conferred upon it by the "Local FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-046) 10 Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage 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 9 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, ifit complies with all conditions of the approval imposed, will not FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-046) 11 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 of the 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 designated as not to create interference with traffic on surrounding public streets; and 1. 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 Light Industrial District (I-L), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers ofrecord within three hundred feet (300') of the external boundaries ofthe land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code g 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 shaH foHow 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 shaH only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation ofthe Commission is made, the application shaH go before the City Council without a public hearing and the Council may approve, deny, or modifY the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-046) 12 public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 9 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 amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-046) 13 FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: I. That the above named applicant is granted a conditional use permit for a bus facility in an l-L zone located at 2170 W. Franklin Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as modified by the Planning and Zoning Commission), as follows: SITE SPECIFIC REOUIREMENTS 1. The submitted landscape plan (prepared by LCA Architects and Jensen Belts) shall be modified to include trees every thirty-five feet (35) on the north, east and western perimeter of the subject property. Perimeter fencing shall be constructed around the entire perimeter. Fencing adjacent to the northern property line, and the eastern boundary adjacent to Marcon, shall be covered either by lattice, slats, or shall be of solid construction. The Applicant has applied for a formal Variance for the reduced landscaping. All landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. A detailed landscape plan must be submitted as part of the Certificate of Zoning Compliance application. 2. The two private access roads shall be designed and constructed to ACHD standards, including the sidewalk, curb and gutter requirements listed in Subsection C of the ACHD report. The roads shall be dedicated as public roads as part of the PreliminarylFinal Plat for this property. 3. A minimum 5- foot wide sidewalk shall be constructed on Franklin Road, in accordance with either Finding B.2.1 or B.2.2 of the ACHD report, however, said sidewalk and landscape buffer shall not be required to be constructed until the remainder ofthe parcel is developed, or replatted' 4. 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 right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 5. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. AIl signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-046) 14 be removed upon 3 days notice to the applicant. 6. AIl construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. [NOTE: A minimum of nine (9) handicap-accessible parking spaces must be provided - seven (7) standard and two (2) van. Site Plan should be modified accordingly.] 7. All parking shall be striped and improved in accordance with the submitted site plan. Recycled asphalt shall be permitted in the bus parking area in lieu of standard asphaltic concrete. 8. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed 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 a 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. 9. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1 C. Coordinate location and construction requirements with Sanitary Services, Inc. 10. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount ofll0% ofthe cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required improvements. II. Sanitary sewer and water service to this site shall be via main line extensions from existing mains adjacent to the property. 12. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Civil designer to coordinate main sizing and routing with the Public Works Department. 13. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-046) 15 B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Aooroval 1. The applicant may construct a driveway/future street on the east property line, as proposed. Pave the driveway/street a minimum of 30-feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with 15- foot radii abutting the existing roadway edge. Ifthe roadway is to be dedicated to the public it should be constructed as a 40-foot street section with curb, gutter and 5-foot wide sidewalks. In addition, the following requirements must be met if the applicant wishes to dedicate the driveway/street to ACHD: . Dedicate a minimum of 54-feet of right-of-way for the road. . Construct the roadway to the minimum ACHD requirements (contact District staff for more information). 2. The applicant may construct a driveway/future street located approximately 400- feet east of the west property line and approximately 780-feet from the eastern driveway, as proposed. Pave the driveway/street a minimum of 30-feet into the site beyond the edge of pavement ofPranklin Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. If the roadway is to be dedicated to the public it should be constructed as a 40-foot street section with curb, gutter and 5-foot wide sidewalks. In addition, the following requirements must be met if the applicant wishes to dedicate the driveway/street to ACHD: . Dedicate a minimum of 54-feet of right-of-way for the road. . Construct the roadway to the minimum ACHD requirements (contact District staff for more information). 3. Franklin Road, from Linder Road to Ten Mile Road, was overlayed in 2002. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for further details. 4. If sidewalk is constructed on Franklin Road, the face of the sidewalk shall be located a minimum of 41- feet from centerline. Provide an easement for any portion of the sidewalk on Franklin Road that meanders outside ofthe right-of-way. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-046) 16 5. Comply with all Standard Conditions of Approval. Standard Conditions of Aovroval 1. Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 8. It is the responsibility ofthe applicant to verifY all existing utilities within the right- of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call mGLINE (1-800-342- 1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 9. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-046) 17 be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 10. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regnlatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. That a fire-flow consistent with Appendix ill-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A. Provide one additional fire hydrant next to the Administration Building. 2. Operational fire hydrants are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department submitted thru the Public Works Department. 5. All radii for internal & external roads shall be 28' inside and 48' outside radius. 6. A 20' wide fire lane shall be provided around the proposed facility. 7. The fire department requests that any future signalization installed as the result of the development of this project are equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 8. Provide detail of the fire truck turnaround on the southeast corner of the project. D. Adopt the Recommendations ofthe Nampa & Meridian Irrigation District as follows: 1. File a Land Use Change/Site application with the Nampa & Meridian Irrigation District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-046) 18 2. The Nampa & Meridian Irrigation District's Eightmile Lateral courses through the proposed project. The District will not allow any encroachments within the easement of the Eightmile Lateral without approved plans and a signed license agreement. E. Adopt the Recommendations of Sanitary Service Company as follows: I. Drive-on clearance is not adequate for service accessibility. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 911-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and 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 goveming body of the City of Meridian, pursuant to Idaho Code 9 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 ofthe 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 ofthe City Council at its regular meeting held on the fiz 6Jrvr a rtf , 2003. '.../ ."7 c -I!>- .?- 7 day of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-046) 19 ROLL CALL: COUNCILMAN BIRD VOTED$tL VOTED ----flL--A....- VOTED $tL- VOTED~ COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS COUNCILMAN NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 2-25-03 ~ VOTED MOTION: ~ APPROVED: DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By:JI~~~~,p,. City Clerk Dated: ~ ~ Z:\Work\M\Meridian\Meridian 15360M\.Joint School District NO.2 Bus Facility CUP 02 046\FfCIsCUP02-046.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT (CUP-02-046) 20 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A BUS FACILITY IN AN I-L ZONE, LOCATED AT 2170 W. FRANKLIN ROAD, MERIDIAN, IDAHO JOINT SCHOOL DISTRICT NO.2, APPLICANT C/C 02/11/03 ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-046 ORDER GRANTING CONDITIONAL USE PERMIT I. This matter coming before the City Council on the 11th day of February, 2003, under the provisions of Meridian City Code 9 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 bus facility in an I-L zone located at 2170 W. Franklin Road, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as modified by the Planning and Zoning Commission), as follows: SITE SPECIFIC REOUIREMENTS 1. The submitted landscape plan (prepared by LCA Architects and Jensen Belts) shall be modified to include trees every thirty-five feet (35) on the north, east and western perimeter ofthe subject property. Perimeter fencing shall be constructed around the entire perimeter. Fencing adjacent to the northern property line, and the eastern boundary adjacent to Marcon, shall be covered either by lattice, slats, or shall be of solid construction. The Applicant has ORDER CONDITIONAL USE PERMIT FOR A BUS FACILITY BY MERIDAN JOINT SCHOOL DISTRICT NO.2 I CUP-02-046 -1 applied for a formal Variance for the reduced landscaping. All landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. A detailed landscape plan must be submitted as part of the Certificate of Zoning Compliance application. 2. The two private access roads shall be designed and constructed to ACHD standards, including the sidewalk, curb and gutter requirements listed in Subsection C of the ACHD report. The roads shall be dedicated as public roads as part of the PreliminarylFinal Plat for this property. 3. A minimum 5-foot wide sidewalk shall be constructed on Franklin Road, in accordance with either Finding B.2.1 or B.2.2 ofthe ACHD report, however, said sidewalk and landscape buffer shall not be required to be constructed until the remainder ofthe parcel is developed, or replatted. 4. 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 right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 5. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 6. AIl construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. [NOTE: A minimum ofnine (9) handicap-accessible parking spaces must be provided - seven (7) standard and two (2) van. Site Plan should be modified accordingly.] 7. All parking shall be striped and improved in accordance with the submitted site plan. Recycled asphalt shall be permitted in the bus parking area in lieu of standard asphaltic concrete. 8. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog 0 fS torm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a 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 ORDER CONDmONAL USE PERMlT FOR A BUS FACILITY BY MERmAN JOINT SCHOOL DISTRICT NO.2 / CUP-02-046 -2 Water Resources regarding Shallow Injection Wells. 9. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wan or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-IC. Coordinate location and construction requirements with Sanitary Services, Inc. 10. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of II 0% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. Any temporary occupancy will not exceed 60 days to complete the required. improvements. 11. Sanitary sewer and water service to this site shall be via main line extensions from existing mains adjacent to the property. 12. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Civil designer to coordinate main sizing and routing with the Public Works Department. 13. As part of a conditional use permit, the City of Meridian may impose additional restrictions! conditions. B. Adopt the Recommendations of ACHD as follows: Site Specific Conditions of Approval I. The applicant may construct a driveway/future street on the east property line, as proposed. Pave the driveway/street a minimum of30-feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. If the roadway is to be dedicated to the public it should be constructed as a 40-foot street section with curb, gutter and 5-foot wide sidewalks. In addition, the following requirements must be met ifthe applicant wishes to dedicate the driveway/street to ACHD: ORDER CONDITIONAL USE PERMIT FOR A BUS FACILITY BY MERmAN JOINT SCHOOL DISTRICT NO.2 / CUP-02-046 -3 . Dedicate a minimnm of 54-feet of right-of-way for the road. . Construct the roadway to the minimum ACHD requirements (contact District staff for more information). 2. The applicant may construct a driveway/future street located approximately 400- feet east of the west property line and approximately 780-feet from the eastern driveway, as proposed. Pave the driveway/street a minimum of 30-feet into the site beyond the edge of pavement of Franklin Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. Ifthe roadway is to be dedicated to the public it should be constructed as a 40-foot street section with curb, gutter and 5-foot wide sidewalks. In addition, the following requirements must be met if the applicant wishes to dedicate the driveway/street to ACHD: . Dedicate a minimum of 54-feet of right-of-way for the road. . Construct the roadway to the minimum ACHD requirements (contact District staff for more information). 3. Franklin Road, from Linder Road to Ten Mile Road, was overlayed in 2002. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for further details. 4. If sidewalk is constructed on Franklin Road, the face of the sidewalk shall be located a minimum of 41- feet from centerline. Provide an easement for any portion of the sidewalk on Franklin Road that meanders outside of the right-of-way. 5. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. AIl utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. ORDER CONDITIONAL USE PERMIT FOR A BUS FACILITY BY MERmAN JOINT SCHOOL DISTRICT NO.2 / CUP-02-046 -4 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 8. It is the responsibility of the applicant to verifY all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call mGUNE (1-800- 342-1585) at least two full business days prior to breaking ground within ACHD right-of- way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 9. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative ofthe Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 10. Any change by the applicant in the planned use of the property which is the subject ofthis application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use ofthe subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. C. Adopt the Recommendations of the Meridian Fire Department as follows: ORDER CONDITIONAL USE PERMIT FOR A BUS FACILITY BY MERIDAN JOINT SCHOOL DISTRICT NO.2 / CUP-02-046 -5 1. That a fire-flow consistent with Appendix ill-A of the Uniform Fire Code be provided to service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix ill-A. Provide one additional fire hydrant next to the Administration Building. 2. Operational fire hydrants are required before combustible construction begins. UFC 901.4.2 & 901.3 3. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 4. Final approval of the fire hydrant locations shall be by the Meridian Fire Department submitted thru the Public Works Department. 5. All radii for internal & external roads shall be 28' inside and 48' outside radius. 6. A 20' wide fire lane shall be provided around the proposed facility. 7. The fire department requests that any future signalization installed as the result of the development of this project are equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 8. Provide detail of the fire truck turnaround on the southeast comer of the project. D. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: I. File a Land Use Change/Site application with the Nampa & Meridian Irrigation District. 2. The Nampa & Meridian Irrigation District's Eightmile Lateral courses through the proposed project. The District will not allow any encroachments within the easement of the Eightmile Lateral without approved plans and a signed license agreement. E. Adopt the Recommendations of Sanitary Service Company as follows: 1. Drive-on clearance is not adequate for service accessibility. ORDER CONDITIONAL USE PERMIT FOR A BUS FACILITY BY MERIDAN JOINT SCHOOL DISTRICT NO.2 I CUP-02-046 -6 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 pennit is not transferable without complying with the provisions of Meridian City Code 911-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the 2 ;;-It- day of fi2hr~ ,2003. o rt D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. \\\\1111,1111111' "" c: U;::r.,'llf "" -1 Or ~.H..r(11' 111/ ,~ =-,""'\ t~/.... '/.z ~.... a ~POft1 '-1~ ~~ ;:- ~G ~ "<- Dated: 2 - t ~ - tl3 f" ~ SEAL ~ _ "0:::, n"'_ "<- Q/~ ...~- 0 ;:- ~ "Yo "'~r 15\ . ~.? ~ ':t1 ~ '" '/C ~" ;1, 0' -':\'1'"'( ...\.,,,... I", ._ '_ ~. I '_ ').,1,,\" Z:\Work\M\MeridianlMeridian 1 5360MIJoint School District No.2 Bus Facility CUP 02 046\OrderCuP02~046;doc"\\ By:Jld&~~~'Cf . City Clerk ORDER CONDITIONAL USE PERMIT FOR A BUS FACTIATY BYMERIDAN JOINT SCHOOL DISTRICT NO.2 I CUP-02-046 -7