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HomeMy WebLinkAboutMeridian Academy CUP 03-002BEFORE THE CITY COUNCIL OF THE CITY OF MERH)IAN C/C 04/08/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR AN ADDITIONAL PUBLIC SCHOOL CLASSROOM BUILDING FOR MERIDIAN ACADEMY IN AN I-L ZONE, LOCATED AT 2311 E. LANARK, MERIDIAN, IDAHO Case No. CUP-03-002 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT LKV ARCHITECTS, APPLICANT The above entitled conditional use permit application,having come before the City Council on Apri18, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Scott Marshall, 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 1. 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 PAGE 1 OF 15 (2) consecutive weeks prior to the said public hearing scheduled for Apri18, 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 Apri18, 2003, public hearings; 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. 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. This proposed development request is in an I-L 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 at 2311 E. Lanark, Meridian, Idaho. 5. The owner of record of the subject property is Joint School District No. 2,.911 N. Meridian Road, Meridian, Idaho. 6. Applicant is LKV Architects (Scott Marshall), 1735 Federal Way, Boise, Idaho. The subject property is currently zoned I-L (Light Industrial). The zoning district FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT PAGE 2 OF 15 of I-Lis defined within the City of Meridian Zoning and Development Ordinance, Section 11-7- 2. 8. The proposed application requests a conditional use permit for an additional public school classroom building to replace the current re-locatable buildings in an I-L zone. The I-L 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 "Public /Quasi Public". 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTfIONAL USE PERMIT PAGE 3 OF 15 A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS 1. Landscaoine: Trees should be placed every 35 feet along the eastern perimeter ofthe subject property. A 5' landscaped buffer must be maintained on the northern and southern perimeters ofthe subject property. No buffer is required along the western edge of the subject property. These revisions to the landscaping plan must be submitted ten days before the application goes to City Council. 2. Existine Trees: The existing trees shall be protected during construction as noted on the proposed plan. 3. Handican pazkine: All handicapped spaces must be posted as well as mazked. 4. Setbacks: The proposed structure is subject to all required setbacks of the I-L zone. The submitted site plan appears to meet all of the required setbacks. 5. Water/sewer: This facility is currently served by the City of Meridian's sanitary sewer and water systems. Existing sanitary sewer and water assessments will be compared with the anticipated impact, to determine whether additional assessments are warranted. If additional assessments are warranted, applicant shall pay for them with the issuance of his building permit for tenant improvements. 6. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. STANDARD REQUIREMENTS 1. Existing trees shall be protected and retained in accordance with Meridian City Code 12-13-13. 2. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed insite-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordarice with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4.F. 3. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 4. A drainage plan designed by a State of Idaho licensed architect or engineer is required FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 15 and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City ofMeridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of--way. All parking lot lighting shall be in accordance with Ordinance 11-13-4.C. 6. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 7. Provide five-foot-wide pedestrian walkways in accordance. with City Ordinance. 8. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance (CZC). 9. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That afire-flow consistent with Appendix III-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 III-A 2. Operational fire hydrants are required before combustible construction begins. UFC 901.4.2 & 901.3 Acceptance of the water supply for fire protection will be by the Meridian Water Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMTf PAGE 5 OF 15 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 School or be provided with an approved turn-around C. Adopt the Recommendations of Nampa & Meridian hrigation District as follows: 1. If any storm drainage leaves the site a Land Use Change/Site application will be required. 13. That the required parking standards for a high school of 120 parking spaces will be provided by the applicant. The applicant has submitted a letter dated March 6, 2003 stating they will comply with the additional required parking spaces. 14. The current Comprehensive Plan Land Use Map shows the subject property as "Public /Quasi Public". Current zoning is I-L; private schools require a CUP in I-L zones according to the Zoning Schedule of Use Control. It is found that the proposed use and plan to be in compliance with the Meridian Zoning Ordinance and the Comprehensive Plan, as long as the conditions of the staff report are met. 15. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The proposed conditional use is for the replacement of modular classrooms with a permanent classroom building. 16. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; it is found that the proposed use would not FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMTT PAGE 6 OF 15 adversely affect other properties in the general vicinity. 17. 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. 18. 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. 19. It is found that the proposed use will not increase traffic. No new students or staff will be added to the Meridian Academy; the new classroom buildings will replace the existing modular classrooms on the subject property. It is not anticipated that the proposed use will be detrimental to the general welfare of the community by means of increased traffic, noise, smoke fumes, glare or odors generated by the use. 20. That the proposed use will not create significant interference with any traffic on the surrounding public streets. The applicant has not proposed any new curb cuts onto existing streets. 21. 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 The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 15 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 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 Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; a That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 15 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 Light Industrial (I-L), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 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 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 15 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 hnpact 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 FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the above named applicant is granted a conditional use permit for an additional public school classroom building to replace the current re-locatable buildings in an I-L FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 15 zone located at 2311 E. Lanark, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: STfE SPECIFIC REQUIREMENTS 1. Landscanine: Trees should be placed every 35 feet along the eastern perimeter of the subject property. A 5' landscaped buffer must be malntairied on the northern and southern perimeters of the subject property. No buffer is required along the western edge of the subject property. These revisions to the landscaping plan must be submitted ten days before the application goes to City Council. 2. Existin Trees: The existing trees shall be protected during construction as noted on the proposed plan. 3. Handicap parking: All handicapped spaces must be posted as well as marked. 4. Setbacks: The proposed structure is subject to all required setbacks of the d-L zone. The submitted site plan appears to meet all of the required setbacks. 5. Water/sewer: This facility is currently served bythe City of Meridian's sanitary sewer and water systems. Existing sanitary sewer and water assessments will be compared with the anticipated impact, to determine whether additional assessments are warranted. If additional assessments are warranted, applicant shall pay for them with the issuance of his building permit for tenant improvements. 6. As p art o f a c onditional u se p ermit, t he City of Meridian may impose additional restrictions/conditions. STANDARD REOUIltEMENTS 1. Existing trees shall be protected and retained in accordance with Meridian City Code 12-13-13. 2. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4.F. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 11 OF 15 All construction and site improvements shall c onform t o t he r equirements o f t he Americans with Disabilities Act. 4. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall b e s ubmitted t o t he C ity E ngineer (Ord. 557, 10-1-91) f or a 11 o ff-street parking areas. All drainage water is to be maintained on-site. Storm water treatment and disposal must be designed in accordance with Department of E rivironmental Quality 1997 publication Catalog of Stonn WaterBest Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 5. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adj scent properties orright-of--way. All parking lot lighting shall be in accordance with Ordinance 11-13-4.C. 6. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 7. Provide five-foot-wide pedestrian walkways in accordance with City. Ordinance. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance (CZC). 9. Per Ordinance 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum p eriod o f e ighteen (18) m onths unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That afire-flow consistent with Appendix III-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 III-A 2. Operational fire hydrants are required before combustible construction begins. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 15 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 School or be provided with an approvedturn-around C. Adopt the Recommendations of Nampa & Meridian hrigation District as follows: 1. If any storm drainage leaves the site a Land Use Change/Site application will be required. 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 fmal 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT PAGE 13 OF 15 property which maybe adversely affected by the issuance or denial of the conditional use pemait approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 22~ day of 2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED~~' COUNCILWOMAN TAMMY deWEERD VOTED--t~ COUNCILWOMAN CHERIE Mc LANDLESS VOTED~~ COUNCILMAN WILLIAM L.M. NARY VOTED_~- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~?i1/O,3 MOTION: APPROVED: DISAPPROVED: Attest: G. Berg, Jr., City a Robert D. Come ~~. n 1 ,,~pp' ~i ~c '~ SI~:AL y d'~ 94 ~T t5t •, ,`` FINDINGS OF FACT AND CONCLUSIONS ON''++n_ t,~,~u"`'~~`` LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 15 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By' ~- ~ City Clerk Z:\WOrk\[vlVvleridian\Nieridian 1536DM\Meridimi Academy CUP 03 0021FfC1sCUP03-002.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT `\`\\, ~, i u u u un,~,~, ~~ FO -Z3-d~_ ~~AL ' . 9CF, O~ v~ 4 PAGE 15 OF 15 BEFORE THE MERIDIAN CITY COUNCIL C/C 04-08-03 IN THE MATTER OF THE APPLICATION OF LKV ARCHITECTS, FOR A CONDITIONAL USE PERMIT FOR AN ADDITIONAL PUBLIC SCHOOL CLASSROOM BULDING IN AN I-L ZONE LOCATED AT 2311 E. LANARK, MERIDIAN, IDAHO CA5E NO. CUP-03-002 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 8~' day of April, 2003, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant, LKV ARCHITECTS, is granted a conditional use for an additional public school classroom building to replace the current re-locatable buildings in an I-L zone, located at 2311 E. Lanark, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit for an additional public school classroom building to replace the current re-locatable buildings in an I-L zone, located at 2311 E. Lanark, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - LKV ARCHITECTS FOR MERIDIAN ACADEMY (CUP-03-002) PAGE 1 OF 5 1. Landscaoing: Trees should be placed every 35 feet along the eastern perimeter ofthe subject property. A 5' landscaped buffer must be maintained on the northern and southern perimeters of the subject property. No buffer is required along the western edge ofthe subject property. These revisions to the landscaping plan must be submitted ten days before the application goes to City Council. 2. Existine Trees: The existing trees shall be protected during construction as noted on the proposed plan. 3. Handicapparking: All handicapped spaces must be posted as well as marked. 4. Setbacks: The proposed structure is subject to all required setbacks of the I-L zone. The submitted site plan appears to meet all of the required setbacks. 5. Water/sewer: This facility is currently served by the City of Meridian's sanitary sewer and water systems. Existing sanitary sewer and water assessments will be compared with the anticipated impact, to determine whether additional assessments are warranted. If additional assessments are warranted, applicant shall pay for them with the issuance of his building permit for tenant improvements. 6. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. STANDARD REQUIREMENTS 1. Existing trees shall be protected and retained in accordance with Meridian City Code 12-13-13. 2. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or asdetailed insite-specific requirements. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the approved site plan and Ordinance 11-13-4.F. 3. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 4. A drainage plan designed by a State of Idaho 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. All drainage water is to be maintained on-site. Storm water treatment and disposal ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - LKV ARCHITECTS FOR MERIDIAN ACADEMY (CUP-03-002) PAGE 2 OF 5 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 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 Departrent of Water Resources regarding Shallow Injection Wells. 5. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of--way. All parking lot lighting shall be in accordance with Ordinance 11-13-4.C. 6. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance or as specifically approved. All signage is subject to design review and shall require separate permits. 7. Provide five-foot-wide pedestrian walkways in accordance with City Ordinance. 8. Screen trash areas on at least three (3) sides. Coordinate screened trash enclosure locations and construction requirements with Sanitary Service Company and provide a letter of approval from their office when applying for a Certificate of Zoning Compliance (CZC). 9. Per Ordinance 11-17-4.B., a conditional use pemut, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. That afire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to service the entire pmj ect. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 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. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - LKV ARCHITECTS FOR MERIDIAN ACADEMY (CUP-03-002) PAGE 3 OF 5 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 School or be provided with an approved tum-around C. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. If any storm drainage leaves the site a Land Use Change/Site application will be required. 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 § I1-17-8, a copy of which is attached to the permit. By action of the City Council at its regular meeting held on the 2~ ~ y of "~"'", 2003. Robert D. Corrie, Mayor City of Meridian Attest: p~~u u u u n,,,,, ~~ ~~ a ~~~ ~ William G. Berg, Jr., C lerl~ ~'~ - ~tiy14„~~T tst .,~P~, ~`, a ~tNV'F''( ~ ~~ R/~~~~~r'lfrru~~ as~na`~~~``'``• ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - LKV ARCHITECTS FOR MERIDIAN ACADEMY (CUP-03-002) PAGE 4 OF 5 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. nuunnrr By ilcc~--. Dated: City Clerk ¢- Z3-o3 Z:\WOrk\[vlVvleridian\IvIeridian 15360MVderidian Academy CUP 03 002\CUPOrder.doc ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - LKV ARCHITECTS FOR MERIDIAN ACADEMY (CUP-03-002) PAGE 5 OF 5 ~.~ y O ETip,°~•, .~ ,q . ' '. . ~ \~oa~ rFO b - L = ~ ~~