Loading...
HomeMy WebLinkAboutLDS Church CU- 01-038BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 01-15-02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A CHURCH FACILITY IN A C-N ZONE LOCATED SOUTH OF E. FRANK_LIN ROAD AND EAST OF S. LOCUST GROVE ROAD, MERIDIAN, IDAHO LARRY MAURER, APPLICANT Case No. CUP-01-038 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 Ianuary 15, 2002, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shaft Stiles, Planning and Zoning Administrator, appeared and testified, and appearing and testifying on behalf of the applicant was Anna Powell of B & A Engineers, Inc., and Rod Cullip appeared and testified with comments and/or concerns, and the City Council having drdy considered the evidence and the record in this matter and the Reconunendations 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 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 (2) consecutive weeks prior to the said public hearing scheduled for January 15, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries 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 ~veek 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 {he January 15, 2002, public hearings; and the applicant, affected property owners, and governlnent 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 of Posting filed with the staff report. 3. This proposed development request is in a C-N 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 south of E. Franldin Road and east of S. Locust Grove Road, Meridian, Idaho. 5. The owner of record of the subject property is the Corporation of the Presiding Bishop of the Church of Latter Day Saints, a Utah Corporation of Salt Lake City, Utah. 6. Applicant is Larry Maurer, Authorized Agenf of Meridian, Idaho. 7. The subject property is currently zoned C-N. The zoning district of C- N is defined within the City of Meridian Zoning and Development Ordinance, Section I 1-7-2. 8. The proposed application requests a conditional use permit for a development of a church facility. The C-N 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 conditional use as determined by City Ordinance. 11. The City Council recognizes the concerns of Morgan and Marilyn Plant and Arthur J. Berry. 12. 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. 13. 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: Adopt the Recommendations of the Planning and Zoning and Engineering comments as follows: 1. A minimum 25-foot-wide landscape buffer shall be installed along the entire length of the western property line (exclusive of driveways) as required by the Landscape Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 The landscape buffer on the north and south sides of the property may be reduced by 50% to I0 feet, and the buffer on the east property line may be reduced by 25% to 15 feet. Applicant shall provide 10 copies of a detailed fencing plan prior to the City Council hearing. Chain link with slats shall not be permitted. The applicant shall (trust) work with ACHD for the installation of five- foot wide detached sidewalk if available along the entire length of the western property line adjacent to Locust Grove. If ACHD will allow a detached sidewalk, then an attached sidewalk shall be done as available. The applicant shall be responsible for worldng with ACHD staff to ensure that a parkway (five-foot wide minimnm) shall be installed between the sidewalk and the back of curb. The parkway shall be landscaped and irrigated in accordance with the City of Meridian's Landscape Ordinance. The revised site plan shall include sidewalks, and the additional landscaping to bring the property into compliance with the Landscape Ordinance (Exclusive of the allowed reduced buffers between land uses). All trees removed from this property that are larger than four-inch caliper shall be mitigated for a ration of 1": l" in accordance with the Landscape Ordinance. Applicant shall work with staff and not be required 1:1 ratio but shall plant trees on 1:25 ratio. The landscape island that breaks up the single-loaded parldng along the eastern property line has more than 12 parking spaces in a row without a landscape island; however, moving the island to the north two parldng spaces disrupts the integrity of the irrigation plan and shall serve no real purpose, so the easterly row of parMng spaces shall be approved as shown. An additional fee of $235 shall be paid based on the fact that the fee paid by the applicant was for a conditional use permit only ($275) and not the fee for a Planned Development ($400.00 + $I5.00 per additional acre.) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 10. II. I2. 13. 14. Sanitary sewer service to this site is being proposed via extensions from an existing stub from Locust Grove. Main sizing and routing shall be reviewed and approved during the building plan review process. Latecomer fees shall be assessed against this parcel. Fees shall be collected at time of approval. Water service to this site shall be via extensions from existing mains in Locust Grove. Main sizing and routing shall be reviewed and approved during the building plan review process. Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains shalI be monitored with the Meridian Water Department. A new legal description and site plan shall be submitted. Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 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-I-91) for all off-street parking areas. Stormwater treatment and disposal shall 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 Department of Water Resources regarding Shallow Iniection Wells. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 15. 16. 17. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. All signage shall be in accordance with the standards set forth in Ordinance 11-14 of the City Zoning and Development Ordinance. All construction shall conform to the requirements of the Americans with Disabilities Act. 18. Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. 19. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. 20. This conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months. If construction has not been started within this timeframe, a new conditional use permit shall be required prior to development. Adopt the recommendations of the Meridian Fire Department as follows: 21. 22. 23. 24. A fire-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 at approved locations. Operational fire hydrants are required before combustible construction begins. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. Final approval for fire hydrant location shall be by the Meridian Fire Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 25. 26. All turning radii shall be a minimum of 28' inside and 48' outside. The proposed annexation will have an unka~own transient population and will have an unkzxown impact on Meridian Fire department requests for service. 27. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. Adopt the ACHD Recommendations as follows: 28. Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 29. Applicant is proposing two entrances into this site. Proposed driveway # 1 is located approximately 475-feet south of the intersection of Locust Grove Road and Franldin Road. Proposed driveway #2 is located approximately 300-feet south of the near edge of proposed driveway # 1. Locust Grove Road is classified as a minor arterial. District policy requires any driveway located on an arterial roadway to be located a minimum of 220-feet for a right-in/right-out driveway, or 440-feet for a full access driveway. Thereafter, driveways from a signalized intersection shall be located a minimum of 150-feet from any existing or proposed driveway. Both proposed driveway locations meet District policy and are approved with this application. 30. Applicant is required to pave the driveways to their full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Locust Grove Road with 15-foot radii pavement tapers abutting the existing roadway edge. 3 i. Provide a $8,200.00 deposit to the Public Right-of-way Trust Fund at FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 the District for the required street improvements of approximately 410- feet of 5-foot wide concrete sidewalk abutting the parcel, prior to District approval of the final plat or issuance of a building permit (or other required pern~its), whichever occurs first. 32. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. 33. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 34. Any existing irrigation facilities shall be relocated outside of the right-of- way. 35. Additionally, comply with all the Standard Requirements (8) listed within ACHD's letter dated October 26, 2001. Adopt the Central District Health Dept Recommendations as follows: 36. Run-off is not to create a mosquito breeding problem. 37. Applicant shall submit plans for a food establishment for review. 38. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 39. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stonmvater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Sanitary Service Recommendations as follows: 40. Two squares at the northeast and southeast locations within the parldng lot are waste enclosures, more specific dimensions are needed. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 Adopt the Nampa & Meridian Irrigation District's Recommendations as follows: 41. All laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code §31-3805. Irrigation water shall be made available to ali developments within the District. Additionally, pursuant to the action of the City Council from their meeting held on January 15, 2002, the following shall be required: 42. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adiacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 14. 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; it is found that the site is large enough to accommodate the proposed use, and all of the required land uses features. The applicant has requested reduced landscape buffers between land uses in order to accommodate additional parking. The adiacent landowners have submitted letters stating that they are in support of the reduced buffers. 15. That the proposed use and development plan will be harmonious ~vith the Meridian Comprehensive Plan and in accordance with the requirements of this ordinance; the Comprehensive Plan's Generalized Land Use Map delineates the property as "Mixed Planned Use Development." The requested C-N zoning and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT -10 land use request are harmonious with the Comprehensive Plan. The submitted site plan does not comply with adopted landscape requirements (buffers, number of trees, sidewalks, fencing...). In order to be harmonious with the Zoning Regulations (Title 11 ), additional landscape design elements shall be incorporated into the site design. 16. 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; that the additional landscaping and design features shall be added to this project in order to be harmonious with the surrounding uses. The proposed church building, if constructed and maintained appropriately, shall be harmonious with the existing and intended character of the same area. 16. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; that the requested use will not be hazardous or disturbing to existing or future neighboring uses. 17. That the proposed use will be served adequately by essential public faciilities and service such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such service; the proposed uses will be adequately served by ali essential public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 1 services and facilities. 18. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community; the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, the proposed use would not be detrimental to the economic welfare of the community. 19. That the proposed use will not involve activities or processes, materials, equipment, and conditions that will be detrimental to any persons, property, or general welfare by reasons of excessive production of traffic, noise, smoke, fumes, glare or odors; the development will not involve uses, activities, processes, materials, equipment, and conditions that may be detrimental by reason of excessive traffic, noise, fumes, glare or odors. 20. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; the proposed use will not interfere with general traffic patterns on any public streets. 21. That the proposed use will not result in the destruction, loss or damage or a natural, scenic or historic considered to be of major importance; no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the Local Land Use Planning Act of 1975 hereinafter referred to for convenience as the Act codified at Chapter 65, Title 67, Idaho Code (I.C. 67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the poxver 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 ~vhich 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) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parMng, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, if it complies with all conditions of the approval imposed, 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 Neighborhood Business District (C-N), a public hearing shall be conducted with notice to be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 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 reconunend 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 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 Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 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: 1. That the above named applicant is granted a conditional use permit for development of a church facility in a C-N zone located south of E. Franklin Road and east of S. Locust Grove Road, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 Adopt the Reconunendations of the Planning and Zoning and Engineering comments as follows: A minimum 25-foot-wide landscape buffer shalI bi installed along the entire length of the western property line (exclusive of driveways) as required by the Landscape Ordinance. The landscape buffer on the north and south sides of the property may be reduced by 50% to 10 feet, and the buffer on the east property line may be reduced by 25% to 15 feet. Applicant shall provide 10 copies of a detailed fencing plan prior to the City Council hearing. Chain link with slats shall not be permitted. The applicant shall (trust) work with ACHD for the installation of five-foot wide detached sidewalk if available along the entire length of the western property line adjacent to Locust Grove. IfACHD will allow a detached sidewalk, then an attached sidewalk shall be done as available. The applicant shall be responsible for working with ACHD staff to ensure that a parkway (five-foot wide minimum) shall be installed between the sidewalk and the back of curb. The parkway shall be landscaped and irrigated in accordance with the City of Meridian's Landscape Ordinance. The revised site plan shall include sidewall<s, and the additional landscaping to bring the property into compliance with the Landscape Ordinance (Exclusive of the allowed reduced buffers between land uses). All trees removed from this property that are larger than four-inch caliper shall be mitigated for a ration of 1": 1" in accordance with the Landscape Ordinance. Applicant shall work with staff and not be required 1:1 ratio but shall plant trees on 1:25 ratio. The landscape island that breaks up the single-loaded parldng along the eastern property line has more than 12 parking spaces in a row without a landscape island; however, moving the island to the north two parking spaces disrupts the integrity of the irrigation plan and shall serve no real purpose, so the easterly row of parking spaces shall be approved as shown. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 An additional fee of $235 shall be paid based on the fact that the fee paid by the applicant was for a conditional use permit only ($275) and not the fee for a Planned Development ($400.00 + $15.00 per additional acre.) Sanitary sewer service to this site is being proposed via extensions from an existing stub from Locust Grove. Main sizing and routing shall be reviewed and approved during the building plan review process. Latecomer fees shall be assessed against this parcel. Fees shall be collected at time of approval. 10.Water service to this site shall be via extensions from existing mains in Locust Grove. Main sizing and routing shall be reviewed and approved during the building plan review process. Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. 11.A new legal description and site plan shall be submitted. 12. Off-street parking shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 13.Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Aanericans with Disabilities Act (ADA) requirements. 14.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. Stormwater treatment and disposal shall 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 Department of Water Resources regarding Shallow Injection Wells. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 15.Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 11-13-4.C. 16.All signage shall be in accordance with the standards set forth in Ordinance 11-14 of the City Zoning and Development Ordinance. 17.All construction shall conform to the requirements of the Americans with Disabilities Act. 18.Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. 19.Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. 20.This conditional use permit, when granted, shall be valid for a maximum period of eighteen (I 8) months. If construction has not been started within this timeframe, a new conditional use permit shall be required prior to development. Adopt the recommendations of the Meridian Fire Department as follows: 21 .A fire-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 at approved locations. 22.Operational fire hydrants are required before combustible construction begins. 23 .Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. 24.Final approval for fire hydrant location shall be by the Meridian Fire Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 19 25.All turning radii shall be a minimum of 28' inside and 48' outside. 26.The proposed annexation will have an unknown transient population and will have an unlmown impact on Meridian Fire department requests for service. 27.The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. Adopt the ACHD Recommendations as follows: 28.Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 29.Applicant is proposing two entrances into this site. Proposed driveway #1 is located approximately 475-feet south of the intersection of Locust Grove Road and Franklin Road. Proposed driveway #2 is located approximately 300-feet south of the near edge of proposed driveway # 1. Locust Grove Road is classified as a minor arterial. District policy requires any driveway located on an arterial roadway to be located a minimum of 220-feet for a right-in/right-out driveway, or 440-feet for a full access driveway. Thereafter, driveways from a signalized intersection shall be located a minimum of 150-feet from any existing or proposed driveway. Both proposed driveway locations meet District policy and are approved with this application. 30.Applicant is required to pave the driveways to their full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Locust Grove Road with 15-foot radii pavement tapers abutting the existing roadway edge. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 20 31. Provide a $8,200.00 deposit to the Public Right-of-way Trust Fund at the District for the required street improvements of approximately 410-feet of 5-foot wide concrete sidewalk abutting the parcel, prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 32.Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. 33.Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 34.Any existing irrigation facilities shall be relocated outside of the right-of- way. 35.Additionally, comply with all the Standard Requirements (8) listed w/thin ACHD's letter dated October 26, 2001. Adopt the Central District Health Dept Recommendations as follows: 36.Run-off is not to create a mosquito breeding problem. 37.Applicant shall submit plans for a food establishment for review. 38.Stom~water shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent i~npact to groundwater and surface water quality. 39.The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Sanitary Service Recommendations as follows: 40.Two squares at the northeast and southeast locations within the parldng lot are waste enclosures, more specific dimensions are needed. Adopt the Nampa & Meridian Irrigation District's Recommendations as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 21 4I .All laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code §31-3805. Irrigation water shall be made available to all developments within the District. Additionally, pursuant to the action of the City Council from their meeting held on January 15, 2002, the following shall be required: 42.Ai1 irrigation ditches, laterals or canals, exdusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 22 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 regular meeting held on the dayof ROLL CALL: COUNCILMAN KEITH BIRD COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE Mc CANDLESS COUNCILMAN WILLIAM L.M. NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~ -- ~'-'"-~ ~--'- MOTION: ~ APPROVEIi~TIU~7~----~ DISAPPROVED: VOTED__~g----- VOTED~'a-~ VOTED__~ VOTED_~ VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 23 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney Z:XWork~eridian~eddian 15360~DS Chur& ~-01-019 CUP-01-038~fClsC~01-038,doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 24 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 01/15/02 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A CHURCH FACILITY IN A C-N ZONE LOCATED SOUTH OF EAST FRANKLIN ROAD AND EAST OF SOUTH LOCUST GROVE ROAD, MERIDIAN, IDAHO LARRY MAURER, APPLICANT Case No. CUP-01-038 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the January 15, 2002, under the provisions of Meridian City Code § i 1-17-4 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: 2. That the above named applicant is granted a conditional use permit for development of a church facility in a C-N zone located south of E. Franldin Road and east of S. Locust Grove Road, Meridian, Idaho, subject to the follo~ving conditions of use and development: ORDER CONDITIONAL USE PERMIT (CUP-01-038) -1 Adopt the Recommendations of the Planning and Zoning and Engineering comments as follows: A minimum 25-foot-wide landscape buffer shall be installed along the entire length of the western property line (exclusive of driveways) as required by the Landscape Ordinance. The landscape buffer on the north and south sides of the property may be reduced by 50% to 10 feet, and the buffer on the east property line may be reduced by 25% to 15 feet. Applicant shall provide 10 copies of a detailed fencing plan prior to the City Council hearing. Chain link with slats shall not be permitted. The applicant shall (trust) work with ACHD for the installation of five- foot wide detached sidewalk if available along the entire length of the western property line adjacent to Locust Grove. If ACHD will allow a detached sidewalk, then an attached sidewalk shall be done as available. The applicant shall be responsible for worldng with ACHD staff to ensure that a parkway (five-foot wide minimum) shall be installed between the sidewalk and the back of curb. The parkway shall be landscaped and irrigated in accordance with the City of Meridian's Landscape Ordinance. The revised site plan shall include sidewalks, and the additional landscaping to bring the property into compliance with the Landscape Ordinance (Exclusive of the allowed reduced buffers between Iand uses). All trees removed from this property that are larger than four-inch caliper shall be mitigated for a ration of 1": 1" in accordance ~vith the Landscape Ordinance. Applicant shall work with staff and not be required 1:1 ratio but shall plant trees on 1:25 ratio. The landscape island that breaks up the single-loaded parldng along the eastern property line has more than 12 parldng spaces in a row ~vithout a landscape island; however, moving the island to the north two parldng spaces disrupts the integrity of the irrigation plan and shall serve no real purpose, so the easterly row of parking spaces shall be approved as shown. ORDER CONDITIONAL USE PERMIT (CUP:01-038) -2 10. 11. 12. 13. 14. An additional fee of $235 shall be paid based on the fact that the fee paid by the applicant was for a conditional use permit only ($275) and not the fee for a Planned Development ($400.00 + $15.00 per additional acre.) Sanitary sewer service to this site is being proposed via extensions from an existing stub from Locust Grove. Main sizing and routing shall be reviewed and approved during the building plan review process. Latecomer fees shall be assessed against this parcel. Fees shall be collected at time of approval. Water service to this site shall be via extensions from existing mains in Locust Grove. Main sizing and routing shall be reviewed and approved during the building plan review process. Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department. A new legal description and site plan shall be submitted. Off-street parldng shall be provided in accordance with Section 11-13 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 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. Stormwater treatment and disposal shall 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 ORDER CONDITIONAL USE PERMIT (CUP-Oi-038) -3 15. 16. 17. 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. Outside lighting shall be designed and placed in such a manner as to eliminate glare and illumination of the adjoining roadways and properties, in accordance with City Ordinance Section 1 I- 13-4.C. All signage shall be in accordance with the standards set forth in Ordinance 1 i- 14 of the City Zoning and Development Ordinance. All construction shall conform to the requirements of the Americans with Disabilities Act. 18. Trash enclosures shall meet the requirements of the Sanitary Service Company's guidelines for location and size. 19. Applicant's (or successor's) failure to comply with any of the terms of approval of the conditional use permit shall be cause for revocation of the conditional use permit. 20. This conditional use permit, when granted, shall be valid for a maximum period of eighteen (I8) months. If construction has not been started within this timeframe, a new conditional use permit shall be required prior to development. Adopt the recommendations of the Meridian Fire Department as follows: 21. A fire-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 at approved locations. 22. Operational fire hydrants are required before combustible construction begins. 23. Acceptance of water supply for fire protection is contingent upon acceptance of the water system by the City of Meridian. ORDER CONDITIONAL USE PERMIT (CUP-01-038) -4 24. Final approval for fire hydrant location shall be by the Meridian Fire Department. 25. All turning radii shall be a minimum of 28' inside and 48' outside. 26. The proposed annexation will have an unknown transient population and ~vill have an unknown impact on Meridian Fire department requests for service. 27. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. Adopt the ACHD Recommendations as follows: 28. Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 29. Applicant is proposing two entrances into this site. Proposed driveway #1 is located approximately 475-feet south of the intersection of Locust Grove Road and Franldin Road. Proposed driveway #2 is located approximately 300-feet south of the near edge of proposed driveway #1. Locust Grove Road is classified as a minor arterial. District policy requires any driveway located on an arterial roadway to be located a minimum of 220-feet for a right-in/right-out driveway, or 440-feet for a full access driveway. Thereafter, driveways from a signalized intersection shall be located a minimum of 150-feet from any existing or proposed driveway. Both proposed driveway locations meet District policy and are approved with this application. 30. Applicant is required to pave the driveways to their full-required ~vidth of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Locust Grove Road with 15-foot radii pavement tapers abutting the ORDER CONDITIONAL USE PERMIT (CUP-01-038) -5 existing roadway edge. 31. Provide a $8,200.00 deposit to the Public Right-of-~vay Trust Fund at the District for the required street improvements of approximately 410- feet of 5-foot wide concrete sidewalk abutting the parcel, prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 32. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. 33. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. 34. Any existing irrigation facilities shall be relocated outside of the right-of- way. 35. Additionally, comply with all the Standard Requirements (8) listed within ACHD's letter dated October 26, 2001. Adopt the Central District Health Dept Recommendations as follows: 36. Run-off is not to create a mosquito breeding problem. 37. Applicant shall submit plans for a food establishment for revie~v. 38. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 39. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Sanitary Service Recommendations as follows: 40. Two squares at the northeast and southeast locations within the parldng lot are waste enclosures, more specific dimensions are needed. ORDER CONDITIONAL USE PERMIT (CUP-01-038) -6 Adopt the Nampa & Meridian Irrigation District's Recommendations as follows: 41. All laterals and waste ways must be protected and all municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plansl The developer must comply with Idaho Code §31-3805. Irrigation water shall be made available to all developments within the District. Additionally, pursuant to the action of the City Council from their meeting held on January 15, 2002, the following shall be required: 42. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 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 Permi~ 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-O1-038) -7 By action of the City Council at its regular meeting held on the day Of /,~/"~/./b.~ ,2002. L tD. Corrie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. City Clerk Dated: Z:\WorkWrCAeridianVVleridian 153601VhLDS Church AZ-01-019 CUP-01-038\OrderCUP.doc ORDER CONDITIONAL USE PERMIT (CUP-01-038) -8 Judy Penvey-Derr, President Dave Bivens, 1st Vice President Sherry R. Huber, 2nd Vice President Susan S. Eastlake, comrmssioner David E. Wynkoop, Commissioner Ada County Highway District 318 East 37th Street Garden City ID 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: tellus~,,ACHD.ada, id.us January 28, 2002 Corporation of the Presiding Bishop of the Church of Latter Day Saints 50 E. North Temple Salt Lake CID,, UT 84150 Re: Staff Level Approval-REVISED MCUP01-038/MAZ01-019 RECEIVED JAN 3 0 200 City of Meridian City Clerk Offic~ 160/190 South Locust Grove Road Church Facts and Findings: The Ada County Highway District (ACHI)) staff has received the above referenced application requesting annexation and rezone approval for approximately 4.25-acres f~om RUT to C-N zordng. The applicant is also requesting a conditional use approval to construct a 24,120-square foot church. The 4.25-acre site is located on the east side of Locust Grove Road approximately 475-feet south of Franklin Road. This development is estimated to generate 210 additional vehicle trips per day (10 existing) based on the Institute of Transportation Engineers Trip Generation Manual. The application and site plan stamped and received by the City of Meridian on October 13, 2001, and submitted to the District on October 18, 2001, has been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or car. be made to conform with the change(s) to the plan described in the requirements stated below. Co This is a staff level approval and will not be heard by the ACHD Commission unless thc site plan is changed in such a manner as to not conform to District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. On October 22, 2001, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On October 26, 2001, the staffmet as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. S:\DSTECItkCU~2001 C~CUP01-038, MAZ01-019.sla.doc Page I For the purposes of estimating daily trip generation and assessing impact fees for this project, the proposed use of this development has been classified as Church. (Per the ITE Manual) The impact fee rate from the fee tables for this use is $485 per thousand square feet of gross building area, based on the impact fee ordinance in effect at this time. Note: This rate is provided for informational purposes only and shall not be construed as an impact fee rate certification. The impact fee will be assessed at the time of plans acceptance by District staff, and shall be based on the fee tables and provisions of the District's Impact Fee Ordinance in effect at that time. District policy requires the applicant to construct a 5-foot wide concrete sidewalk abutting Locust Grove Road. This segment of Locust Grove Road is in the District's Five Year Work Program for temporary repair in 2004 and widening in 2005/06. In lieu of constructing the improvements, the applicant should be required to provide a $8,200.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Locust Grove Road abutting the parcel (approximately 41 O-feet) prior to issuance of a building permit, or District approval of a final plat, whichever occurs first, OR the applicant should be required to construct a 5-foot wide detached concrete sidewalk on Locust Grove Road located 2- feet within the new right-of-way, and provide an easement to the District. Coordinate the location and elevation of the sidewalk with District staff. The applicant should coordinate with District design staff, regarding the need for any additional right-of-way and easements associated with the Franklin/Locust Grove Road project. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate 48-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with ACHD Ordinance #193. The right-of-way purchase agreement must be completed and signed by the applicant prior to issuance of a building permit (or other required permits), whichever occurs first. Applicant is proposing two entrances into this site. Proposed driveway # 1 is located approximately 475-feet south of the intersection of Locust Grove Road and Franklin Road. Proposed driveway #2 is located approximately 300-feet south of the near edge of proposed driveway # 1. S:~DSTECI-BCU'~001 CUP~ICUP01-038, MAZ01-019.sla.doc Page 2 Locust Grove Road is classified as a minor arterial. District policy requires any driveway located on an arterial roadway to be located a minimum of 220-feet for a right-in/right-out driveway, or 440-feet for a full access driveway. Thereafter, driveways from a signalized intersection shall be located a minimum of 150-feet from any existing or proposed driveway. Both proposed driveway locations meet District policy and are approved with this application. Applicant is required to pave the driveways to their full-required width of 25 to 30-feet and to a point 30-feet beyond the edge of pavement of Locust Grove Road with 15-foot radii pavement tapers abutting the existing roadway edge. Provide a $8,200.00 deposit to the Public Rights-of-Way Trust Fund at the District for the required street improvements of approximately 410-feet of 5-foot wide concrete sidewalk abutting the parcel, prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first, OR the applicant shall be required to construct a 5-foot wide detached concrete sidewalk on Locust Grove Road located 2-feet within the new right-of-way, and provide an easement to the District. Coordinate the location and elevation of the sidewalk with District staff. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with file number) for details. Meet District drainage requirements per section 8000 of the ACHD Development Policy Manual. Contact District staff at 387-6170 for details. Any existing inigation facilities should be relocated outside of the right-of-way. Standard Requirements: This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party witkin 15 calendar days from the date of this report. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of/ts ori?,'nal decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the S:kDSTECH~CU~2001 CUPkMCI. JP01-038, MAZ01-019.sla.doc Page 3 Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable mad impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Conslzuction Services procedures and all applicable ACI-ID Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 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. o 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. 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 roles, 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. 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 upon the applicant to obtain written confirmation of any change from the Ada County Highway District. S:'~DSTECI-BCIJX2.001 CUPLMCUP01-038, MAZ01-019.sla.doc Page 4 Conclusion of Law: ACIrlD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387~6170. Sincerely, Development Analyst Planning & Development cc: Project file Lead agency/City of Meridian Chron B & A Engineers Anna Powell 5505 W. Franklin Road Boise, Idaho 83705 S:~DSTECI'I~CU~001 CUP'uMCUP01-038, MAZ01-019.sla.doc Page 5