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HomeMy WebLinkAboutMountain View Senior Seminary BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CIC 03/04103 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) UNIT DEVELOPMENT FOR ) MOUNTAIN VIEW SENIOR ) SEMINARY IN AN R-8 ZONE, ) LOCATED APPROXIMATELY A!4 ) MILE SOUTH OF E. OVERLAND ) ROAD, ON THE EAST SIDE OF S. ) LOCUST GROVE ROAD, ) MERIDIAN, IDAHO ) ) LYSTRUP/JENSEN ARCHITECTS, ) APPLICANT ) ) Case No. CUP-02-047 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 March 4,2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, Jim Lystrup, and Richard Schmidt, 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 AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 4,2003, 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 of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices 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 March 4, 2003, public hearings; and the applicant, affected property owners, and goverrunent subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an R-8 zone and by reason of the provisions of the Meridian City Code ~ 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located approximately a Yo mile south of E. Overland Road, on the east side of S. Locust Grove Road, Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 5. The owner of record of the subject property is Church of Jesus Christ of Latter- Day-Saints, P.O. Box 186, Ucon, Idaho 83454-0186. 6. Applicant is Lystrup/Jensen Architects, 1133 Call Creek Place, Pocatello, Idaho 83201. 7. The subject property is currently zoned R-8 (Medium Density Residential). The zoning district ofR-8 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 Planned Development consisting of construction and operation of a 4 classroom seminary, located at the Overland and Locust Grove LDS Church in an R-8 zone. The R-8 zoning designation is 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 proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as "Residential". 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 II and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the goverumental FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction ofthe City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. At the southeast corner of this project construct a gate to allow neighboring homeowners to access their water delivery point. Locks shall be provided by the immediate property owners. Gates cannot be used for public access and the gate shall remain on the southeast comer ofthe applicant's property. The traditional water delivery will continue as required by Idaho Code. 2. The applicant will work with the Fire Department to ensure that the Fire Department has access where needed on the subject property. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REOUIREMENTS I. The submitted landscape plan shall be revised as follows: a. Two landscaping islands shall be added to the eastern row of parking spaces in the proposed parking lot expansion. b. One landscaping island shall be added to the western row of parking spaces in proposed parking lot expansion. c. One tree must be added for every 8,000 square feet of proposed open area. d. One tree must be added for every 35' of linear parking along the eastern boundary of the proposed parking lot expansion. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDffiONAL USE PERMIT - 4 e. A revised copy of the landscape plan shall be submitted to the city. All landscaping shall be installed and continuously maintained. All dead or dying vegetation shall be replaced upon request from the City. 2. Graphically depict the proposed pedestrian pathway that will connect the seminary building with Mountain View High School. Applicant shall submit a copy ofthe executed License Agreement with Nampa & Meridian Irrigation District or other evidence ofNampa & Meridian Irrigation District approval for the pedestrian easement across the Hunter Lateral facility prior to issuance of building permits. 3. Add handicapped parking spaces near the front entrance of the seminary building. 4. Graphically depict the existing trash enclosure and outbuilding on the site plan. 5. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance ll-13-4C. 6. All signage shall be in accordance with the standards set forth in Section ll-140fthe 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. 7. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 8. All parking shall be striped and improved in accordance with the Meridian City Code. 9. 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 i997 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. 10. 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. II. Certificate of Occupancy: All required improvements must be complete prior to FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 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 110% 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. 12. As part of a conditional use permit, the City of Meridian may impose additional restrictionsl conditions. 13. Gate is to be added at the south east corner of project to allow neighbors to access water. 14. Applicant will work with Fire Department to ensure fire access is appropriate. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The project shall have a fire-flow as required by the Uniform Fire Code. Fire hydrants shall be placed an average of350' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants and temporary or permanent street signs 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. 5. The addresses shall be posted in 6" numbers on the street side of the building. A monument sign with the address may be required on Locust Grove Rd. 6. The project will have to meet the requirements of the Fire Code in effect at the time of the project submittal 7. Provide a 20' wide fire lane around the project. 8. Turning radii to be maintained at 28' inside radius and 48' outside radius. 9. Provide an on site fire hydrant on the SE corner of the new parking lot. The location to be approved by the Meridian Fire Department. 14. That although some minor modifications will need to be made to the landscape FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 plan and the parking plan, it is found that the subject property is large enough to accommodate the required parking, landscaping, and other features required by the addition of the seminary building. 15. The current Comprehensive Plan Land Use Map designates the subject property as "Residential" and is currently zoned "R-8". It is found that the requested seminary building use and planned use development is a "Conditional Use" according to MCCII-8-1. It is found that if the planned development and seminary building use is approved with conditions, the use will be compatible with the Meridian Zoning Ordinance and the Comprehensive Plan. 16. It is found that the proposed development will not adversely change the existing or intended character of the general vicinity (currently mix of residential and institutional uses). 17. That the proposed use, ifitcomplies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. 18. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer. 19. That the proposed use 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. 20. It is found that no excessive traffic, smoke fumes, glare or odors will result from the proposed use. 21. It is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. FINnINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 22. 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. CONCLUSIONS OF LAW I. 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 (LC. ~67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council ofthe City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code ~ 11-17-3) a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 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 ofthe same area; d. That the proposed use, if it complies with all conditions ofthe approval imposed, will not adversely affect other property in the vicinity; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare 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 designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 5. Prior to granting a conditional use permit in the Medium Density Residential District (R-8), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code ~ 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDffiONAL USE PERMIT - 9 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 ofthe 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 ~ 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: I. That the above named applicant is granted a conditional use permit for a Planned Development consisting of construction and operation of a 4 classroom seminary, located at the Overland and Locust Grove LDS Church in an R-8 zone located approximately a Yo mile south of E. Overland Road, on the east side ofS. Locust Grove Road, Meridian, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. At the southeast corner of this project construct a gate to allow neighboring homeowners to access their water delivery point. Locks shall be provided by the immediate property owners. Gates cannot be used for public access and the gate shall remain on the southeast corner ofthe applicant's property. The traditional water delivery will continue as required by Idaho Code. 2. The applicant will work with the Fire Department to ensure that the Fire Department has access where needed on the subject property. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REOUIREMENTS I. The submitted landscape plan shall be revised as follows: a. Two landscaping islands shall be added to the eastern row of parking spaces in the proposed parking lot expansion. b. One landscaping island shall be added to the western row of parking spaces in proposed parking lot expansion. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 c. One tree must be added for every 8,000 square feet of proposed open area. d. One tree must be added for every 35' of linear parking along the eastern boundary ofthe proposed parking lot expansion. e. A revised copy of the landscape plan shall be submitted to the city. All landscaping shall be installed and continuously maintained. All dead or dying vegetation shall be replaced upon request from the City. 2. Graphically depict the proposed pedestrian pathway that will connect the seminary building with Mountain View High School. Applicant shall submit a copy ofthe executed License Agreement with Nampa & Meridian Irrigation District or other evidence ofNampa & Meridian Irrigation District approval for the pedestrian easement across the Hunter Lateral facility prior to issuance of building permits. 3. Add handicapped parking spaces near the front entrance of the serninary building. 4. Graphically depict the existing trash enclosure and outbuilding on the site plan. 5. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 6. 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. 7. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 8. All parking shall be striped and improved in accordance with the Meridian City Code. 9. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 10. 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-l2-IC. Coordinate location and construction requirements with Sanitary Services, Inc. II. 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 110% of the 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. 12. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 13. Gate is to be added at the south east corner of project to allow neighbors to access water. 14. Applicant will work with Fire Department to ensure fIre access is appropriate. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The project shall have a fire-flow as required by the Uniform Fire Code. Fire hydrants shall be placed an average of350' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants and temporary or permanent street signs 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. 5. The addresses shall be posted in 6" numbers on the street side of the building. A monument sign with the address may be required on Locust Grove Rd. 6. The project will have to meet the requirements of the Fire Code in effect at the time of the project submittal 7. Provide a 20' wide fire lane around the project. 8. Turning radii to be maintained at 28' inside radius and 48' outside radius. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 9. Provide an on site fire hydrant on the SE corner of the new parking lot. The location to be approved by the Meridian Fire Department. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code ~ 11-17-9. 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 governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regnlar meeting held on the q~ ,2003. ROLL CALL: /f3& day of COUNCILMAN KEITH BIRD VOTED ~ VOTED ~ COUNCILWOMAN TAMMY deWEERD FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDffiONAL USE PERMIT - 14 COUNCIL WOMAN CHERIE Mc CANDLESS VOTED ~ /l6ud:- COUNCILMAN WILLIAM L.M. NARY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 3'-113-03 - VOTED MOTION: /.J~ APPROVED:~n DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. BY:~~P~ 9- City Clerk Dated: $- 'V}-tl.3 z:\ Work\M\Meridian\Meridian 15360M\Mamtain View Senior Seminary CUP-02-Q47\FfClsCUP02-047 .doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN CIC 03/04/03 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A PLANNED ) DEVELOPMENT FOR MOUNTAIN ) VIEW SENIOR SEMINARY IN AN ) R-8 ZONE, LOCATED ) APPROXIMATELY A !4 MILE ) SOUTH OF E. OVERLAND ROAD, ) ON THE EAST SIDE OF S. LOCUST ) GROVE ROAD, MERIDIAN, ) IDAHO ) ) LYSTRUP/JENSEN ARCHITECTS, ) ) APPLICANT ) ) Case No. CUP-02-047 ORDER GRANTING CONDITIONAL USE PERMIT I. This matter coming before the City Council on the March 4, 2003, under the provisions of Meridian City Code ~ 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation ofthe Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for a Planned Development consisting of construction and operation of a 4 classroom seminary, located at the Overland and Locust Grove LDS Church in an R-8 zone located approximately a Yo mile south of E. Overland Road, on the east side ofS. Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and development: ORDER CONDITIONAL USE PERMIT (CUP-02-047) -1 A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: I. At the southeast corner of this project construct a gate to allow neighboring homeowners to access their water delivery point. Locks shall be provided by the immediate property owners. Gates cannot be used for public access and the gate shall remain on the southeast comer of the applicant's property. The traditional water delivery will continue as required by Idaho Code. 2. The applicant will work with the Fire Department to ensure that the Fire Department has access where needed on the subject property. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REOUIREMENTS 1. The submitted landscape plan shall be revised as follows: a. Two landscaping islands shall be added to the eastern row of parking spaces in the proposed parking lot expansion. b. One landscaping island shall be added to the western row of parking spaces in proposed parking lot expansion. c. One tree must be added for every 8,000 square feet of proposed open area. d. One tree must be added for every 35' of linear parking along the eastem boundary ofthe proposed parking lot expansion. e. A revised copy of the landscape plan shall be submitted to the city. All landscaping shall be installed and continuously maintained. All dead or dying vegetation shall be replaced upon request from the City. 2. Graphically depict the proposed pedestrian pathway that will connect the seminary building with Mountain View High School. Applicant shall submit a copy ofthe executed License Agreement with Nampa & Meridian Irrigation District or other evidence ofNampa & Meridian Irrigation District approval for the pedestrian easement across the Hunter Lateral facility prior to issuance of building permits. 3. Add handicapped parking spaces near the front entrance of the seminary building. ORDER CONDITIONAL USE PERMIT (CUP-02-047) -2 4. Graphically depict the existing trash enclosure and outbuilding on the site plan. 5. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 6. 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. 7. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 8. All parking shall be striped and improved in accordance with the Meridian City Code. 9. 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. 10. 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-l2-IC. Coordinate location and construction requirements with Sanitary Services, Inc. 11. 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 110% 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. 12. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 13. Gate is to be added at the south east corner of project to allow neighbors to access ORDER CONDITIONAL USE PERMIT (CUP-02-047) -3 water. 14. Applicant will work with Fire Department to ensure fIre access is appropriate. C. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The project shall have a fue-flow as required by the Uniform Fire Code. Fire hydrants shall be placed an average of350' apart. 1997 UFC Appendix ill-A 2. Operational fire hydrants and temporary or permanent street signs 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 ofthe fire hydrant locations shall be by the Meridian Fire Department. 5. The addresses shall be posted in 6" numbers on the street side of the building. A monument sign with the address may be required on Locust Grove Rd. 6. The project will have to meet the requirements of the Fire Code in effect at the time of the project submittal 7. Provide a 20' wide fire lane around the proj ect. 8. Turning radii to be maintained at 28' inside radius and 48' outside radius. 9. Provide an on site fire hydrant on the SE corner of the new parking lot. The location to be approved by the Meridian Fire Department. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code ~ 11-17-8, a copy of which is attached to this permit. ORDER CONDITIONAL USE PERMIT (CUP-02-047) -4 By action of the City Council at its regular meeting held on the /8~ day of Illlhdt- ,2003. o rt D. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. BY~~~~ ~ CIty Clerk \\\\11111"'",/ \\\\ c: '&.1_ /)1" "",,..J 0.- ""o::rilr- III, " .," VI: /.... /' c;, c,ol\PoR.1l: '11- \. ~ ~ <"" "" ~ - - - - - - - - - - - 3,z-p-pg Dated: Yc". t'J:= -Q. cS'::: %~... O,sr 15\ ." ::p! .....;.. -, tor.: ..~ "C'~ \'0'- " /;( (j I t>. ,.-~V \ \" 1/.., , - l. \" Z:\Work\M\MeridianlMeridian 15360MlMountain View Senior Seminary CUP-02-047\OrderCUP.doc'ii . . '. _"III ORDER CONDITIONAL USE PERMIT (CUP-02-047) -5