HomeMy WebLinkAboutEducation Campus CUP-02-035
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 11/12/02
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR AN )
EDUCATIONAL CAMPUS IN AN R- )
4 ZONE, LOCATED AT 3800 N. )
LOCUST GROVE, Y. MILE NORTH )
OF USTICK ROAD, MERIDIAN, )
IDAHO )
)
JOINT SCHOOL DISTRICT NO.2, )
)
APPLICANT )
)
Case No. CUP-02-035
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 November 12, 2002, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Brad Hawkins-Clark, Interim Director of the Planning and Zoning
Administrator, Joseph Silva, Wendell Bigham, and Wayne Falles, appeared and testified, and the
City Council having duIy considered the evidence and the record in this matter and the
Recommendations to City Council issued by the Planning and Zoning Commission who
conducted a public hearing and the Council having heard and taken oral and written testimony,
and having duly considered the matter, the City Council hereby makes the following Findings of
Fact, Conclusions of Law and Decision and Order to-wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-035)
1
FINDINGS OF FACT
I. 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 November 12, 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 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 November 12, 2002, public hearing; and the
applicant, affected property owners, and govermnent subdivisions providing services within the
planning jurisdiction of the City of Meridian, having been given full opportunity to express
comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code ~~ 67-6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
3. This proposed development request is in a R -4 zone and by reason of the provisions
of the Meridian City Code S 11-17-4, a public hearing was required before the City Council on
this application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-035)
2
4. The property is located at 3800 N. Locust Grove, Y. mile north of Us tick Road,
Meridian, Idaho.
5. The owner of record of the subject property is Joint School District No.2, 911
Meridian Road, Meridian, Idaho 83642.
6. Applicant is owner of record.
7. The subject property is currently zoned R-4. The zoning district ofR-4 is defined
within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for construction of a
new elementary school and charter high school and conceptual approval of two (2) more charter
high schools and a new School District administration building. The R-4 zoning desigoation
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 recogoizes that the proposed application is
in compliance with the Meridian Comprehensive Plan.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Policy.
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-035)
3
and the Ordinance establishing the Impact Area Boundary.
12. Giving due consideration to the comment received from the govermnental
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 ifthe
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:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site Soecific Requirements
I. A separate Conditional Use Permit shall be required prior to development of the "future"
administration building and "future" professional technical high schools (buildings "C"
and "D" on the submitted site plans).
2. Landscaping, fencing, irrigation, pathway, and roadway improvements for Phase(s) 2, 2A
and 3 shall be completed prior to occupancy of the new charter high school or the new
elementary school. Landscaping shall be installed in the aforementioned phases as
submitted on the landscape plan (dated September 12, 2002). Tree locations shall be
coordinated with the Public Works Department for those areas where sanitary sewer
exists or is proposed.
3. The construction and dedication of the proposed East Heron's Crossing Drive shall be
completed prior to the occupancy ofthe proposed elementary school.
General ReQuirements
1. A Certificate of Zoning Compliance shall be obtained prior to applying for a building
permit.
2. This Conditional Use Permit shall be valid for a maximum period of 18 months. If
construction has not begun within this timeframe, a new Conditional Use Permit must be
obtained prior to the start of development.
B. Adopt the Recommendations of the ACHD as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-035)
4
Site Specific ReQuirements
1. Dedicate 35 feet of right-of-way from the centerline of Locust Grove Road abutting the
parcel by means of a warranty deed. The right-of-way purchase and sale agreement and
deed must be completed and sigoed by the Applicant prior to scheduling the final plat for
sigoature by the ACHD Commission or 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 paid the
fair market value of the right-of-way dedicated which is an addition to existing ACHD
right-of-way if the owner submits a letter of application to the impact fee administrator
prior to breading ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #195).
2. Construct 5 foot concrete sidewalk abutting Locust Grove Road located 2 feet within the
right-of-way. If the sidewalk meanders outside of the right-of-way, provide an easement
for the sidewalk.
3. Construct East Heron's Crossing Drive at the north property line (at the half mile), as
proposed.
4. Construct East Heron's Crossing Drive (from Locust Grove Road to the driveway that is
proposed to be located approximately 2,300 feet east of Locust Grove Road) as a 46 foot
street section with three travel lanes, curb, gutter, 5 foot bike lanes, and 5 foot concrete
sidewalk within 56 feet of right-of-way, as proposed. Provide the District with an
easement for the sidewalk on the south side of East Heron's Crossing Drive.
5. Construct East Heron's Crossing Drive (from the driveway that is proposed to be located
approximately 2,300 feet east of Locust Grove Road to the east property line) as a 33 foot
street section with curb, gutter, 5 foot detached sidewalk and bike lanes with no parking
on either side.
6. Construct East Heron's Crossing Drive as a stub street that will extend to the east
property line approximately 610 feet south of the north property line, as proposed.
Construct a temporary turnaround at the terminus of the roadway and install a sigo at the
terminus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE
FUTURE."
7. Construct a driveway to intersect Locust Grove Road approximately 570 feet south of the
north property line, as proposed.
8. Construct a 25 foot wide driveway on the south side of East Heron's Crossing Drive
approximately 290 feet east of Locust grove Road, as proposed.
9. Construct a 40 foot wide driveway on the south side of East Heron's Crossing Drive
approximately 630 feet east of Locust Grove Road, as proposed.
10. Construct a 25 foot wide driveway on the south side of East Heron's Crossing Drive
approximately 920 feet east of Locust Grove Road, as proposed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-035)
5
11. Construct a 30 foot wide driveway on the north side of East Heron's Crossing Drive
approximately 1,060 feet east of Locust Grove Road, as proposed.
12. Construct a 25 foot wide driveway on the south side of East Heron's Crossing Drive
approximately 2,020 feet east of Locust Grove Road, as proposed.
13. Construct a 30 foot wide driveway on the north side of East Heron's Crossing Drive
approximately 2,300 feet east of Locust Grove Road, as proposed.
14. Pave the driveways their full width and at least 30 feet into the site beyond the edge of
pavement ofthe roadway and install pavement tapers with 15 foot radii abutting the
existing roadway edge.
15. Provide a minimum turning radius of 45 feet for all turnarounds.
16. Construct an exclusive left-turn lane and a right turn deceleration lane on Locust Grove
Road at the East Heron's Crossing Drive intersection. Coordinate the design of the lanes
with the District's Traffic Services Department, 387-6140.
17. Construct an exclusive left turn lane and a right turn deceleration lane on Locust Grove
Road at the driveway proposed to be located approximately 570 feet south of the north
property line. Coordinate the design of the lanes with the District's Traffic Services
Department, 387-6140.
18. Other than the access points specifically approved with this application, direct lot access
to Locust grove Road is prohibited. These restrictions shall be noted on the final Plat.
19. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five year old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers) for
details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-035)
6
6. 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.
7. 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.
8. Payment of applicable road impact fees is required prior to building construction in
accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the Applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no
cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of-way. The
Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the Applicant ofthe 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.
II. Any change by the Applicant in the planned use of the property which is the subject of
this application, shall require the Applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
Applicant or its successors in interest advises the Highway District of its intent to change
the planned use of the subject property unless a waiverl variance of said requirements or
other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
1. 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.
2. Operational fire hydrants are required before combustible construction begins.
3. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
4. Final approval of fire hydrant locations shall be by the Meridian Fire Department.
5. All radii for internal and external roads shall be 28' inside and 48' outside radius.
6. A 20' wide fire lane shall be provided around the proposed Elementary School.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-035)
7
7. An approved temporary turnaround shall be provided at the East end of East Heron's
Crossing Drive.
8. The Fire Department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and
efficient response by fire and emergency medical service vehicles. This cost of this
installation is to be borne by the developer.
D. Adopt the Recommendations ofthe Central District Health Department as follows:
1. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
2. Run-off is not to create a mosquito breeding problem.
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
4. 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.
E. Adopt the Recommendations of the Sanitary Service as follows:
1. Enclosure widths are inadequate for buildings A and B and must be adjusted accordingly.
2. Applicant shall provide curb cuts for vehicle access.
F. Adopt the action ofthe City Council taken at their November 12, 2002 meeting as
follows:
I. The Council strongly encourages a long term agreement between the Meridian
CitylRural Fire Department and Joint School District No.2 which wouId provide
land upon which the Department can erect and operate a public safety education
facility. Such agreement is not a condition of the plat or conditional use permit.
13. The proposed uses within the subject application will be harmonious with and in
accordance with the adopted Meridian Comprehensive Plan text, policies and Future Land Use
Map, and the City of Meridian Zoning and Development Ordinance because:
13.1 The subject property is designated on the "Generalized Land Use Map" as "Quasi-
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-035)
8
Public".
14. It is found that the site is large enough to accommodate the required landscaping,
yards and other features required by the Zoning Ordinance.
15. It is found that the proposed use and development plan is harmonious with
recently adopted Comprehensive Plan. The Future Land Use Map designates the property as
"public/quasi public" and includes a school symbol on the subject property. It is further found
that the proposed use is in compliance with ordinances contained in the Meridian City Code.
16. It is found that the proposed use will be compatible with the existing and
proposed residential uses in the general vicinity.
17. It is not anticipated that the proposed uses will have an adverse affect on the
other property in the vicinity, if designed, constructed, operated and maintained in accordance
with any conditions of approval and the City Ordinance.
18. It is found that the proposed development will be adequately served by the
essential public facilities and services.
19. It is found that the proposed use would not create excessive additional
requirements at public cost for public facilities and service and will not be detrimental to the
economic welfare of the community. It is also found that the proposed uses will provide the
needed educational facilities required to keep up with the city's explosive growth.
20. It is not anticipated that the proposed use will be detrimental to the general
welfare of the community by means of increased noise, smoke fumes, glare or odors generated by
the proposed educational uses. Traffic will be increased in the area, and the applicant has
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-035)
9
provided a Traffic Impact Study (TIS) that details the extent of the increased traffic at build out
of the project. The increased traffic will increase the length of delays at many of the intersection
in the general vicinity of the schools. (Review ACHD's analysis of the TIS and ACHD's site
specific conditions of approval for further information on the traffic matter.)
21. It is found that the proposed uses will have vehicuIar approaches that will be
designed to meet ACHD standards and will be designed to reduce any interference with any
traffic on the surrounding public streets.
22. It is found that no natural or scenic feature will be lost, damaged or destroyed by
issuance of this conditional use.
CONCLUSIONS OF LAW
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 (LC. ~67-6503).
2. The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-035)
10
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;
C. That the design, construction, operation and maintenance will be compatible with other uses
in the general neighborhood and with the existing or intended character of the general vicinity
and that such use will not adversely change the essential character of the same area;
D. That the proposed use, ifit complies with all conditions of the approval imposed, will not
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 ofthe 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 vehicuIar approaches to the property which shall be so
designated as not to create interference with traffic on surrounding public streets; and
L That the proposed use will not resuIt 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 Low Density Residential District
FINDINGS OF FACT AND CONCLU'SIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-035)
11
(R-4), 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 S 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
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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-035)
12
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:
I. That the above named applicant is granted a conditional use permit for
construction of a new elementary school and charter high school and conceptual approval of two
(2) more charter high schools and a new School District administration building in an R-4 zone
located at 3800 N. Locust Grove, Y. mile north of Us tick Road, Meridian, Idaho, subject to the
following conditions of use and development:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows: .
Site SDecific ReQuirements
1. A separate Conditional Use Permit will be required prior to development of the
"future" administration building and "future" professional technical high schools
(buildings "C" and "D" on the submitted site plans).
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-035)
13
2. Landscaping, fencing, irrigation, pathway, and roadway improvements for
Phase(s) 2, 2A and 3 shall be completed prior to occupancy of the new charter
high school or the new elementary school. Landscaping shall be installed in the
aforementioned phases as submitted on the landscape plan (dated September 12,
2002). Tree locations shall be coordinated with the Public Works Department for
those areas where sanitary sewer exists or is proposed.
3. The construction and dedication of the proposed East Heron's Crossing Drive
shall be completed prior to the occupancy of the proposed elementary school.
General ReQuirements
1. A Certificate of Zoning Compliance shall be obtained prior to applying for a building
permit.
2. This Conditional Use Permit shall be valid for a maximum period of 18 months. If
construction has not begun within this timeframe, a new Conditional Use Permit must be
obtained prior to the start of development.
B. Adopt the Recommendations of the ACHD as follows:
Site Soecific ReQuirements
I. Dedicate 35 feet of right-of-way from the centerline of Locust Grove Road abutting the
parcel by means of a warranty deed. The right-of-way purchase and sale agreement and
deed must be completed and signed by the Applicant prior to scheduling the final plat for
signature by the ACHD Commission or 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 paid the
fair market value of the right-of-way dedicated which is an addition to existing ACHD
right-of-way if the owner submits a letter of application to the impact fee administrator
prior to breading ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #195).
2. Construct 5 foot concrete sidewalk abutting Locust Grove Road located 2 feet within the
right-of-way. If the sidewalk meanders outside of the right-of-way, provide an easement
for the sidewalk.
3. Construct East Heron's Crossing Drive at the north property line (at the half mile), as
proposed.
4. Construct East Heron's Crossing Drive (from Locust Grove Road to the driveway that is
proposed to be located approximately 2,300 feet east of Locust Grove Road) as a 46 foot
street section with three travel lanes, curb, gutter, 5 foot bike lanes, and 5 foot concrete
sidewalk within 56 feet of right-of-way, as proposed. Provide the District with an
easement for the sidewalk on the south side of East Heron's Crossing Drive.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-035) 14
5. Construct East Heron's Crossing Drive (from the driveway that is proposed to be located
approximately 2,300 feet east of Locust Grove Road to the east property line) as a 33 foot
street section with curb, gutter, 5 foot detached sidewalk and bike lanes with no parking
on either side.
6. Construct East Heron's Crossing Drive as a stub street that will extend to the east
property line approximately 610 feet south of the north property line, as proposed.
Construct a temporary turnaround at the terminus of the roadway and install a sign at the
terminus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE
FUTURE."
7. Construct a driveway to intersect Locust Grove Road approximately 570 feet south of the
north property line, as proposed.
8. Construct a 25 foot wide driveway on the south side of East Heron's Crossing Drive
approximately 290 feet east of Locust grove Road, as proposed.
9. Construct a 40 foot wide driveway on the south side of East Heron's Crossing Drive
approximately 630 feet east of Locust Grove Road, as proposed.
10. Construct a 25 foot wide driveway on the south side of East Heron's Crossing Drive
approximately 920 feet east of Locust Grove Road, as proposed.
11. Construct a 30 foot wide driveway on the north side of East Heron's Crossing Drive
approximately 1,060 feet east of Locust Grove Road, as proposed.
12. Construct a 25 foot wide driveway on the south side of East Heron's Crossing Drive
approximately 2,020 feet east of Locust Grove Road, as proposed.
13. Construct a 30 foot wide driveway on the north side of East Heron's Crossing Drive
approximately 2,300 feet east of Locust Grove Road, as proposed.
14. Pave the driveways their full width and at least 30 feet into the site beyond the edge of
pavement of the roadway and install pavement tapers with 15 foot radii abutting the
existing roadway edge.
15. Provide a minimum turning radius of 45 feet for all turnarounds.
16. Construct an exclusive left-turn lane and a right turn deceleration lane on Locust Grove
Road at the East Heron's Crossing Drive intersection. Coordinate the design of the lanes
with the District's Traffic Services Department, 387-6140.
17. Construct an exclusive left turn lane and a right turn deceleration lane on Locust Grove
Road at the driveway proposed to be located approximately 570 feet south of the north
property line. Coordinate the design of the lanes with the District's Traffic Services
Department, 387-6140.
18. Other than the access points specifically approved with this application, direct lot access
to Locust grove Road is prohibited. These restrictions shall be noted on the final Plat.
19. Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-035)
15
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged
during the construction ofthe proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five year old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers) for
details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certify all improvement plans.
6. 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.
7. 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.
8. Payment of applicable road impact fees is required prior to building construction in
accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the Applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no
cost to ACHD. The Applicant shall be required to call DIGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of-way. The
Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the Applicant of 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-035)
16
11. Any change by the Applicant in the planned use of the property which is the subject of
this application, shall require the Applicant to comply with all rules, regulations,
ordinances, plans, or other reguIatory 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 waiverl variance of said requirements or
other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
C. Adopt the Recommendations of the Meridian Fire Department as follows:
I. 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.
2. Operational fire hydrants are required before combustible construction begins.
3. Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
4. Final approval of fire hydrant locations shall be by the Meridian Fire Department.
5. All radii for internal and external roads shall be 28' inside and 48' outside radius.
6. A 20' wide fire lane shall be provided around the proposed Elementary School.
7. An approved temporary turnaround shall be provided at the East end of East Heron's
Crossing Drive.
8. The Fire Department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and
efficient response by fire and emergency medical service vehicles. This cost of this
installation is to be borne by the developer.
D. Adopt the Recommendations of the Central District Health Department as follows:
1. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
2. Run-off is not to create a mosquito breeding problem.
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
4. 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.
E. Adopt the Recommendations of the Sanitary Service as follows:
1. Enclosure widths are inadequate for buildings A and B and must be adjusted accordingly.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-035)
17
2. Applicant shall provide curb cuts for vehicle access.
F. Adopt the action of the City Council taken at their November 12,2002 meeting as
follows:
1. The Council strongly encourages a long term agreement between the Meridian
CitylRural Fire Department and Joint School District No.2 which would provide
land upon which the Department can erect and operate a public safety education
facility. Such agreement is not a condition of the plat or conditional use permit.
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 asa condition of approval of the application for a conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public
Works Department and any affected party requesting notice.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City of Meridian,
pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real
property which may be adversely affected by the issuance or denial of the conditional use permit
approval may within twenty-eight (28) days after the date of this decision and order seek a
judicial review as provided by Chapter 52, Title 67, Idaho Code.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-035)
18
By action ofthe City Council at its regular meeting held on the / C?-li. day of
I/()(/~ , 2002.
ROLL CALL:
COUNCILMAN BIRD
VOTED~
COUNCILWOMAN deWEERD VOTED ~
COUNCILWOMAN McCANDLESS VOTED ~
COUNCILMAN NARY VOTED rp-
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: //-19-(}'2-
VOTED -
MOTION: EJ;b~
APPROV' ~
DISAPPROVED:
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
\\I\\\l.II/HI111
""\~\ Of MERlO;""'"
,........... ~ '..1A. '~....
'" c)- o\\POFtoll: '/1 ~
:o,CJ <'0 ~
- ~ '
- SEAIPat : ~/- 2- ~ -tJ 2-
1'> :::
7. -,~j-
~ G-Q ....<?J~ .0 f
~"10 Us; 1~ ' .;:' ~
........,..; ':If '" <..:~'
11/'I'ICoUN--rf I \\\",
Z:\Work\M\MeridianlMeridian 15360MIJoinl School Disl2 Ed C~I'JMJ.~1!l\CUP-02.Q35\F1CISCUP02.Q35.doc
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT (CUP-02-035)
19
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
CIC 11/12/02
IN THE MATTER OF THE )
REQUEST FOR CONDITIONAL )
USE PERMIT FOR AN )
EDUCATIONAL CAMPUS IN AN R- )
4 ZONE FOR, LOCATED AT 3800 N. )
LOCUST GROVE, Y. MILE NORTH )
OF USTICK ROAD, MERIDIAN, )
IDAHO )
)
JOINT SCHOOL DISTRICT NO.2, )
APPLICANT )
)
Case No. CUP-02-035
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on the 12th day of November, 2002,
under the provisions of Meridian City Code ~ 11-17-4 for final action on conditional use permit
application and the Council having received and approving the Recommendation 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
construction of a new elementary school and charter high school and conceptual approval of two
(2) more charter high schools and a new School District administration building in an R-4 zone
located at 3800 N. Locust Grove, Y. mile north of Us tick Road, Meridian, Idaho, subject to the
following conditions of use and development:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Site S~ecific Reauirements
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY MERIDAN
JOINT SCHOOL DISTRICT NO.2 1 CUP-02-035
-1
I. A separate Conditional Use Permit shall be required prior to development of the "future"
administration building and "future" professional technical high schools (buildings "c"
and "D" on the submitted site plans).
2. Landscaping, fencing, irrigation, pathway, and roadway improvements for Phase(s) 2, 2A
and 3 shall be completed prior to occupancy ofthe new charter high school or the new
elementary school. Landscaping shall be installed in the aforementioned phases as
submitted on the landscape plan (dated September 12, 2002). Tree locations shall be
coordinated with the Public Works Department for those areas where sanitary sewer
exists or is proposed.
3. The construction and dedication of the proposed East Heron's Crossing Drive shall be
completed prior to the occupancy of the proposed elementary school.
General Reauirements
1. A Certificate of Zoning Compliance shall be obtained prior to applying for a building
permit.
2. This Conditional Use Permit shall be valid for a maximum period of 18 months. If
construction has not begun within this timeframe, a new Conditional Use Permit must be
obtained prior to the start of development.
B. Adopt the Recommendations ofthe ACHD as follows:
Site Specific Reauirements
I. Dedicate 35 feet of right-of-way from the centerline of Locust Grove Road abutting the
parcel by means of a warranty deed. The right-of-way purchase and sale agreement and
deed must be completed and signed by the Applicant prior to scheduling the final plat for
signature by the ACHD Commission or 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 paid the
fair market value of the right-of-way dedicated which is an addition to existing ACHD
right-of-way if the owner submits a letter of application to the impact fee administrator
prior to breading ground, in accordance with the ACHD Ordinance in effect at that time
(currently Ordinance #195).
2. Construct 5 foot concrete sidewalk abutting Locust Grove Road located 2 feet within the
right-of-way. If the sidewalk meanders outside of the right-of-way, provide an easement
for the sidewalk.
3. Construct East Heron's Crossing Drive at the north property line (at the half mile), as
proposed.
ORDER CONDffiONAL USE PERMIT
PLANNED DEVELOPMENT BY MERIDAN
JOINT SCHOOL DISTRICT NO.2 / CUP-02-035
-2
4. Construct East Heron's Crossing Drive (from Locust Grove Road to the driveway that is
proposed to be located approximately 2,300 feet east of Locust Grove Road) as a 46 foot
street section with three travel lanes, curb, gutter,S foot bike lanes, and 5 foot concrete
sidewalk within 56 feet of right-of-way, as proposed. Provide the District with an
easement for the sidewalk on the south side of East Heron's Crossing Drive.
5. Construct East Heron's Crossing Drive (from the driveway that is proposed to be located
approximately 2,300 feet east of Locust Grove Road to the east property line) as a 33 foot
street section with curb, gutter,S foot detached sidewalk and bike lanes with no parking
on either side.
6. Construct East Heron's Crossing Drive as a stub street that will extend to the east
property line approximately 610 feet south of the north property line, as proposed.
Construct a temporary turnaround at the terminus of the roadway and install a sign at the
terminus of the roadway stating that "THIS ROAD WILL BE EXTENDED IN THE
FUTURE."
7. Construct a driveway to intersect Locust Grove Road approximately 570 feet south of the
north property line, as proposed.
8. Construct a 25 foot wide driveway on the south side of East Heron's Crossing Drive
approximately 290 feet east of Locust grove Road, as proposed.
9. Construct a 40 foot wide driveway on the south side of East Heron's Crossing Drive
approximately 630 feet east of Locust Grove Road, as proposed.
10. Construct a 25 foot wide driveway on the south side of East Heron's Crossing Drive
approximately 920 feet east of Locust Grove Road, as proposed.
11. Construct a 30 foot wide driveway on the north side of East Heron's Crossing Drive
approximately 1,060 feet east of Locust Grove Road, as proposed.
12. Construct a 25 foot wide driveway on the south side of East Heron's Crossing Drive
approximately 2,020 feet east of Locust Grove Road, as proposed.
13. Construct a 30 foot wide driveway on the north side of East Heron's Crossing Drive
approximately 2,300 feet east of Locust Grove Road, as proposed.
14. Pave the driveways their full width and at least 30 feet into the site beyond the edge of
pavement of the roadway and install pavement tapers with 15 foot radii abutting the
existing roadway edge.
15. Provide a minimum turning radius of 45 feet for all turnarounds.
16. Construct an exclusive left-turn lane and a right turn deceleration lane on Locust Grove
Road at the East Heron's Crossing Drive intersection. Coordinate the design of the lanes
with the District's Traffic Services Department, 387-6140.
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY MERIDAN
JOINT SCHOOL DISTRICT NO.2 / CUP-02-035
-3
17. Construct an exclusive left turn lane and a right turn deceleration lane on Locust Grove
Road at the driveway proposed to be located approximately 570 feet south of the north
property line. Coordinate the design of the lanes with the District's Traffic Services
Department, 387-6140.
18. Other than the access points specifically approved with this application, direct lot access
to Locust grove Road is prohibited. These restrictions shall be noted on the final Plat.
19. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1. Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3. Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4. Utility street cuts in pavement less than five year old are not allowed unless approved in
writing by the District. Contact Construction Services at 387-6280 (with file numbers) for
details.
5. All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certify all improvement plans.
6. 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.
7. 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.
8. Payment of applicable road impact fees is required prior to building construction in
accordance with Ordinance #195, also known as Ada County Highway District Road
Impact Fee Ordinance.
9. It is the responsibility of the Applicant to verify all existing utilities within the right-of-
way. Existing utilities damaged by the Applicant shall be repaired by the Applicant at no
cost to ACHD. The Applicant shall be required to call mGLINE (1-800-342-1585) at
least two full business days prior to breaking ground within ACHD right-of-way. The
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY MERIDAN
JOINT SCHOOL DISTRICT NO.2 / CUP-02-035
-4
Applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the Applicant of 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.
11. Any change by the Applicant in the planned use of the property which is the subject of
this application, shall require the Applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
Applicant or its successors in interest advises the Highway District of its intent to change
the planned use of the subject property unless a waiver/ variance of said requirements or
other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
Adopt the Recommendations of the Meridian Fire Department as follows:
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.
Operational fire hydrants are required before combustible construction begins.
Acceptance of the water supply for fire protection will be by the Meridian Water
Department.
Final approval of fire hydrant locations shall be by the Meridian Fire Department.
All radii for internal and external roads shall be 28' inside and 48' outside radius.
A 20' wide fire lane shall be provided around the proposed Elementary School.
An approved temporary turnaround shall be provided at the East end of East Heron's
Crossing Drive.
The Fire Department requests that any future signalization installed as the result of the
development ofthis project be equipped with Opticom Sensors to ensure a safe and
efficient response by fire and emergency medical service vehicles. This cost of this
installation is to be borne by the developer.
D. Adopt the Recommendations of the Central District Health Department as follows:
I. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
C.
1.
2.
3.
4.
5.
6.
7.
8.
2. Run-off is not to create a mosquito breeding problem.
-5
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY MERIDAN
JOINT SCHOOL DISTRICT NO.2 / CUP-02-035
3. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
4. 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.
E. Adopt the Recommendations of the Sanitary Service as follows:
I. Enclosure widths are inadequate for buildings A and B and must be adjusted accordingly.
2. Applicant shall provide curb cuts for vehicle access.
F. Adopt the action of the City Council taken at their November 12, 2002 meeting as
follows:
1. The Council strongly encourages a long term agreement between the Meridian
City/Rural Fire Department and Joint School District No.2 which would provide
land upon which the Department can erect and operate a public safety education
facility. Such agreement is not a condition of the plat or conditional use permit.
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 S 11-17-8, a copy of which is attached to
this permit.
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY MERIDAN
JOINT SCHOOL DISTRICT NO.2 / CUP-02-035
-6
By action of the City Council at its regular meeting held on the
;Vpt-'ePv~
Iqf~
day of
,2002.
D. Corrie, Mayor City of Meridian
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
Dated: 11- 2- ~-tJ 2..-
BY:.d!:a-.:- ft~*
City Clerk
ORDER CONDITIONAL USE PERMIT
PLANNED DEVELOPMENT BY MERIDAN
JOINT SCHOOL DISTRICT NO.2 / CUP-02-035
-7