HomeMy WebLinkAboutKarate for Kids CUP 03-035interoffice
MEMORANDUM
To:
From:
Subject:
Flle No.:
Date:
William G. Berg, Jr.
RECEIVED
SEP 2 6 2003
City Of Meridian
City Clerk Office
William F. Nichols
BY: PETRA, INC. FOR CONDITIONAL USE PERMIT FOR KARATE FOR
KIDS IN A C-N ZONE
CUP-03-035
September 26 2003
Will:
Please find attached the original FINDINGS OF FACT CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT
TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent
Agenda for Council discussion and decision.
If you should have any questions please give me a call.
Z:\WorkVdNleridian~lleridian 15360M\Karate For Kids CUP-03-03SCIkLtr CUPftuls&Arder 09 26 03.dcc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 09/23/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A MARTIAL
ARTS/SELF DEFENSE
ESTABLISHMENT FOR
CHILDREN IN A C-N ZONE,
LOCATED AT THE SOUTHEAST
CORNER OF CINDER AND
FRANKLIN RAODS, MERIDIAN,
IDAHO
Case No. CUP-03-035
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
PETRA, INC.,
APPLICANT
The above entitled conditional use permit application having come before the City
Council on September 23, 2003 at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning
Department, appeared and testified, and the City Council having duly considered the evidence
and the record in this matter and the Recommendations to City Council issued by the Planning
and Zoning Commission who conducted a public hearing and the Council having heard and
taken oral and written testimony, and having duly considered the matter, the City Council hereby
makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit:
FINDINGS OF FACT
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 September 23, 2003, before
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 1 OF 19
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 September 23, 2003, public hearings; and the
applicant, affected property owners, and government subdivisions providing services within the
planning jurisdiction of the City of Meridian, having been given full opportunity to express
comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff
report.
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 at the southeast corner of Linder and Franklin Roads,
Meridian, Idaho.
5. The owner of record of the subject property is William J. and Jody Ann Buckner.
6. The applicant is Petra, Inc.
The subject property is currently zoned C-N. The zoning district of C-N is
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 2 OF 19
defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2.
8. The applicant requests the Conditional Use Permit for a martial arts/self defense
establishment for children in a C-N zone. The Zoning Schedule of Use Control shows that all
private schools require a Conditional Use Permit in the C-N zone (Meridian City Zoning and
Development Ordinance, Section 11-8-1).
The Meridian Planning and Zoning Commission recognizes that the proposed
application is in compliance with the Meridian Comprehensive Plan, which designates the
property as Commercial.
10. The use proposed which is the subject of this application, will in fact, constitute a
conditional use as determined by Ciry Ordinance.
11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning
maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance
establishing the Impact Area Boundary.
12. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
services required by the proposed development will not impose expense upon the public if the
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of Meridian, subject to the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMTT
PAGE 3 OF 19
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
modified by the P&Z Commission, as follows:
The existing 6"Siberian Elm tree may be removed from the site as proposed, without any
additional mitigation per Ordinances 12-13-13-6 and 12-13-7-2.
The future 1,650 s.f. (maximum) expansion shall be approved through the Certificate of
Zoning Compliance process and will not require a separate Conditional Use Permit.
3. The required rear setback will be measured from the east property line. The south
property line must meet the interior side setback.
4. The proposed row of parking spaces with 13 spaces in a row is approved under the
Alternative Compliance provisions of Ordinance 12-13-18.
5. Minimum tree size for the project shall be 2" caliper per Ordinance 12-13-7-3.
6. Sanitary sewer and water service shall be from existing service lines on the property.
Applicant shall coordinate connection location, size, and routing with the Public Works
Department
All exterior lighting, whether attached to the building or located within the parking lot,
shall be down-shielded or otherwise altered so that the light does not spill over onto
adjacent properties orright-of--way. All parking lot lighting shall be in accordance with
Ordinance 11-13-4C.
8. All signage shall be in accordance with the standards set forth in Section 11-14 of the
City Zoning and Development Ordinance. All signage is subject to design review and
shall require separate permits.
9. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
10. 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. Storm water treatment and disposal must be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of Storm Water Best
Management Practices for Idaho Cities and Counties and City of Meridian standards and
policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which
has authority over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing all necessary
applications with the Idaho Department of Water Resources regarding Shallow Injection
Wells.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDr1'IONAL USE PERMIT
PAGE 4 OF 19
11. Certificate of Occupancy: All required improvements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development. A temporary
Certificate of Occupancy may be obtained by providing surety to the City in the fonn of a
letter of credit or cash in the amount of 110% of the cost of the required improvements
(including paving, striping, landscaping, and irrigation). A bid must accompany any
request for temporary occupancy.
12. Parking is approved as depicted on the submitted site plan. The Commission concurs the
project will have ample parking as shown.
13. Landscaping shall installed as depicted on the submitted landscape plan. The applicant
testified at the hearing that no easement exists that would interfere with the trees shown
in the street buffers.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. That afire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to
service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997
UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru
the Public Works Department.
4. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads.
5. All fire lanes shall have an unobstructed width of 20'. UFC 902.2.1
C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
All municipal surface drainage must be retained on site. If any surface drainage leaves
the site, the Nampa & Meridian Irrigation District must review drainage plans.
2. The developer must comply with Idaho Code 31-3805.
D. Adopt the Recommendations of the Sanitary Services Company as follows:
L The enclosure design looks good. However, further review for access needs to be
considered [as part of the CZC process].
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 5 OF 19
E. Adopt the Recommendations of Central District Health Department as follows:
No objections provided structure is connected to City water and sewer.
2. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
3. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stonnwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
F. Adopt the Recommendations of the Ada County Highway District as follows:
Construct a 35-foot wide (maximum) curb return driveway on Linder Road located
133-feet south of the edge of pavement from the Franklin Road intersection as
proposed. Pave the driveway to its full-required width and to a point 30-feet beyond
the edge of pavement of Linder Road with 15-foot curb radii pavement tapers abutting
the existing roadway edge. This driveway is approved as a right-in/right-out access
and should be signed accordingly. Coordinate the on site median construction with
District staff.
Utilize the existing 30-foot curb return driveway adjacent to the east property line on
Franklin Road as proposed. Pave the driveway to its full-required width and to a point
30-feet beyond the edge of pavement of Franklin Road abutting the existing roadway
edge. This driveway is approved as a full access driveway but may be restricted to
right-in/right-out operations in the future if there is a safety or traffic concern.
3. 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 maybe
damaged during the construction of the proposed development. Contact Construction
Services at 387-6280 (with file number) for details.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTl'IONAL USE PERMIT
PAGE 6 OF 19
4. Utility street cuts in pavement less than five years old are not allowed unless approved
in writing by the District. Contact the District's Utility Coordinator at 387-6258 (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.
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 are required prior to building construction in
accordance with Ordinance #I197, 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. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. 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 teens 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.
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 propertyunless awaiver/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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 7 OF 19
13. It is found that the subject property is lazge enough to accommodate the required
open spaces, parking, landscaping and other features required by the ordinance. The site plan shows
all required street buffers, interior landscaping, perimeter landscaping, and more than enough parking
for the building, including the future expansion.
14. The current Comprehensive Plan Land Use Map designates the property as
"Commercial," and it is currently zoned C-N. It is found that the requested use is in compliance with
the approved Future Land Use Map and that if approved as a CUP the project will be in compliance
with City ordinances.
15. It is found that the proposed development will not adversely change the existing or
intended character of the general vicinity. The existing character of the general vicinity includes a
gas station/fast food facility, an ACHD stormwater detention pond, tennis courts, and RV storage.
The subject property has been zoned C-N for many years but has been vacant. Based on the existing
zoning, the intended character of the site is for "small scale convenience business uses which are
intended to meet the daily needs ofthe residents of an immediate neighborhood." (MCC 11-7-2.H.)
The commercial designation on the Comprehensive Plan demonstrates that the site is intended for a
commercial use.
16. It is not anticipated that the proposed use will adversely affect adjacent properties.
17. It is found that the proposed development can be adequately served by the essential
public facilities and services, including: highways, streets, police and fire protection, drainage
structures, refuse disposal, water and sewer. The project was approved by the ACHD Commission
on July 23, 2003. Review of the Police and Fire reports will provide further information from those
entities. Sanitary Services Company (SSC) will provide refuse disposal services to the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 8 OF 19
18. It is found that the proposed karate facility will not be detrimental to the economic
welfare of the community, nor would it create the need for any new facilities or services to be paid
for by the public.
19. It is found that no excessive traffic, smoke, fumes, glare or odors will result from the
proposed use.
20. It is found that the proposed use will not create significant interference with any
traffic on the surrounding public streets. The proposed curb cut locations do not meet standard
ACHD policies for distance from the intersection. However, the proposed curb cut locations were
approved by the ACHD Commission on July 23, 2003. Review of the ACHD report for this project
will provide additional information.
21. It is not found that any natural or scenic feature will be lost, damaged or destroyed by
issuance of this conditional use. No natural features ofmajor importance exist on the site. One tree
greater than 4"caliper exists on the site, and may be removed without mitigation, which is described
in the Planning and Zoning conditions listed above under 12. A. 1.
CONCLUSIONS OF LAW
The City of Meridian shall exercise the powers confened 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).
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTI'IONAL USE PERMIT
PAGE 9 OF 19
Council of the City of Meridian has established by the passage of the "City of Meridian Zoning
and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
3. As part of a zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code § 11-17-3)
a. That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and other features as may be required by this Ordinance;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance;
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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTI'IONAL USE PERMIT
PAGE 10 OF 19
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 C-N zone a public hearing shall
be conducted with notice to be published and provided to property owners or purchasers of
record within three hundred feet (300') of the external boundaries of the land under consideration
for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-
17-5 City of Meridian Zoning and Development Ordinance, which provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearing
which shall be held before the Planning and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code §
11-17-6)
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 CONDTI'IONAL USE PERNIIT
PAGE 11 OF 19
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
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 a martial
arts/self defense establishment for children in the C-N zone located at the southeast comer of
Linder and Franklin Roads, Meridian, Idaho, subject to the following conditions of use and
development, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
modified by the P&Z Commission, as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 12 OF 19
The existing 6" Siberian Elm tree may be removed from the site as proposed, without any
additional mitigation per Ordinances 12-13-13-6 and 12-13-7-2.
2. The future 1,650 s.f. (maximum) expansion shall be approved through the Certificate of
Zoning Compliance process and will not require a separate Conditional Use Permit.
3. The required rear setback will be measured from the east property line. The south property
line must meet the interior side setback.
4. The proposed row of pazking spaces with 13 spaces in a row is approved under the
Alternative Compliance provisions of Ordinance 12-13-18.
Minimum tree size for the project shall be 2" caliper per Ordinance 12-13-7-3.
6. Sanitary sewer and water service shall be from existing service lines on the property.
Applicant shall coordinate connection location, size, and routing with the Public Works
Department.
All exterior lighfing, whether attached to the building or located within the parking lot, shall
be down-shielded or otherwise altered so that the light does not spill over onto adjacent
properties orright-of--way. All parking lot lighting shall be in accordance with Ordinance 11-
13-4C.
8. All signage shall be in accordance with the standazds set forth in Section 11-14 of the City
Zoning and Development Ordinance. All signage is subject to design review and shall require
separate permits.
9. All construction and site improvements shall conform to the requirements ofthe Americans
with Disabilities Act and the adopted building and fire codes.
10. 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.
Storm water treatment and disposal must be designed in accordance with Department of
Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices
for Idaho Cities and Counties and City ofMeridian standards and policies. Off-site disposal
into a surface water is prohibited unless the jurisdiction which has authority over the
receiving stream provides written authorization prior to development plan approval. The
applicant is responsible for filing all necessary applications with the Idaho Department of
Water Resources regarding Shallow Injection Wells.
11. Certificate of Occupancy: All required improvements must be complete prior to obtaining a
Certificate of Occupancy for the proposed development. A temporary Certificate of
Occupancy may be obtained by providing surety to the City in the form of a letter of credit or
cash in the amount of 110% of the cost of the required improvements (including paving,
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 13 OF 19
striping, landscaping, and irrigation). A bid must accompany any request for temporary
occupancy.
12. Parking is approved as depicted on the submitted site plan. The Commission concurs the
project will have ample parking as shown.
13. Landscaping shall installed as depicted on the submitted landscape plan. The applicant
testified at the hearing that no easement exists that would interfere with the trees shown in
the street buffers.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
That afire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to
service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC
Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru the
Public Works Department.
4. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads.
All fire lanes shall have an unobstructed width of 20'. UFC 902.2.1
C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
All municipal surface drainage must be retained on site. If any surface drainage leaves the
site, the Nampa & Meridian Irrigation District must review drainage plans.
2. The developer must comply with Idaho Code 31-3805.
D. Adopt the Recommendations of the Sanitary Services Company as follows:
The enclosure design looks good. However, further review for access needs to be considered
[as part of the CZC process].
E. Adopt the Recommendations of Central District Health Department as follows:
1. No objections provided structure is connected to City water and sewer.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERNIIT
PAGE 14 OF 19
2. Storrnwater shall be pretreated through a grassy Swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
3. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stonnwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
F. Adopt the Recommendations of the Ada County Highway District as follows:
1. Construct a 35-foot wide (maximum) curb return driveway on Linder Road located 133-feet
south of the edge of pavement from the Franklin Road intersection as proposed. Pave the
driveway to its full-required width and to a point 30-feet beyond the edge of pavement of
Linder Road with 15-foot curb radii pavement tapers abutting the existing roadway edge.
This driveway is approved as aright-in/right-out access and should be signed accordingly.
Coordinate the on site median construction with District staff.
2. Utilize the existing 30-foot curb return driveway adjacent to the east property line on
Franklin Road as proposed. Pave the driveway to its full-required width and to a point 30-
feet beyond the edge ofpavement of Franklin Road abutting the existing roadway edge.
This driveway is approved as a full access driveway but may be restricted to right-
in/right-out operations in the future if there is a safety or traffic concern.
3. 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 maybe 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 years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
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 CONDTTIONAL USE PERNIIT
PAGE 15 OF 19
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.
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 are required prior to building construction in
accordance with Ordinance #197, 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. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. 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 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.
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 propertyunless awaiver/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.
The conditions shall be reviewable by the Council pursuant to Meridian City Code
§ 11-17-9.
3. The above conditions aze 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 16 OF 19
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 EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the permit
holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building permits and
commence construction of permanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be rewrded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year from the
original date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
4.B.)
NOTICE OF FINAL ACTION
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 17 OF 19
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review maybe filed.
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 maybe 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 day of
2003.
ROLL CALL:
COUNCILMAN KEITH BIRD VOTED
COUNCILWOMAN TAMMY deWEERD VOTED
COUNCILWOMAN CHERIE Mc LANDLESS VOTED
COUNCILMAN WILLIAM L.M. NARY VOTED
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 18 OF 19
MOTION:
APPROVED: DISAPPROVED:
Attest:
William G. Berg, Jr., City Clerk
Mayor Robert D. Come
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By:
City Clerk
Dated:
Z:\Work\M\NIeridianVNeddian 15360M~Karate For Kids CUP-03-03SFiCls CUP-03-035.dac
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 19 OF 19
BEFORE THE CITY COUNCIL OF THE CITY OF MERH)IAN
C/C 09/23/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A MARTIAL
ARTS/SELF DEFENSE
ESTABLISHMENT FOR
CHILDREN IN A C-N ZONE,
LOCATED AT THE SOUTHEAST
CORNER OF CINDER AND
FRANKLIN ROADS, MERH)IAN,
IDAHO
Case No. CUP-03-035
ORDER GRANTING
CONDITIONAL USE PERMIT
PETRA, INC.,
APPLICANT
1. This matter coming before the City Council on September 23, 2003, under the
provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application
and the Council having received and approving the Recommendation 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 a martial
arts/self defense establishment for children in the C-N zone located at the southeast corner of
Linder and Franklin Roads, Meridian, Idaho, subject to the following condifions of use and
development:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
modified by the P&Z Commission, as follows:
ORDER CONDITIONAL USE PERMIT
(CUP-03-035)
PAGE 1 OF 8
The existing 6" Siberian Elm tree may be removed from the site as proposed, without any
additional mitigation per Ordinances 12-13-13-6 and 12-13-7-2.
2. The future 1,650 s.f. (maximum) expansion shall be approved through the Certificate of
Zoning Compliance process and will not require a separate Conditional Use Permit.
3. The required rear setback will be measured from the east property line. The south
property line must meet the interior side setback.
4. The proposed row of parking spaces with 13 spaces in a row is approved under the
Alternative Compliance provisions of Ordinance 12-13-18.
5. Minimum tree size for the project shall be 2" caliper per Ordinance 12-13-7-3.
6. Sanitary sewer and water service shall be from existing service lines on the property.
Applicant shall coordinate connection location, size, and routing with the Public Works
Department
7. All exterior lighting, whether attached to the building or located within the parking lot,
shall be down-shielded or otherwise altered so that the light does not spill over onto
adjacent properties orright-of--way. All parking lot lighting shall be in accordance with
Ordinance 11-13-4C.
8. All signage shall be in accordance with the standazds set forth in Section 11-14 of the
City Zoning and Development Ordinance. All signage is subject to design review and
shall require separate permits.
9. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act and the adopted building and fire codes.
10. 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 pazking
azeas. Storm water treatment and disposal must be designed in accordance with
Department of Environmental Quality 1997 publication Catalog of Storm Water Best
Management Practices for Idaho Cities and Counties and City of Meridian standazds and
policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which
has authority over the receiving stream provides written authorization prior to
development plan approval. The applicant is responsible for filing al] necessary
applications with the Idaho Department of Water Resources regarding Shallow Injection
Wells.
ORDER CONDTTIONAL USE PERMIT
(CUP-03-035
PAGE 2 OF 8
11. Certificate of Occupancy: All required improvements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development. A temporary
Certificate of Occupancy may be obtained by providing surety to the City in the form of a
letter of credit or cash in the amount of 110% of the cost of the required improvements
(including paving striping, landscaping, and irrigation). A bid must accompany any
request for temporary occupancy.
12. Parking is approved as depicted on the submitted site plan. The Commission concurs the
project will have ample parking as shown.
13. Landscaping shall installed as depicted on the submitted landscape plan. The applicant
testified at the hearing that no easement exists that would interfere with the trees shown
in the street buffers.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
That afire-flow consistent with Appendix III-A of the Uniform Fire Code be provided to
service the entire project. Fire hydrants shall be placed an average of 400' apart. 1997
UFC Appendix III-A
2. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins. UFC 901.4.2 & 901.3
3. Final approval of the fire hydrant locations shall be by the Meridian Fire Department thru
the Public Works Department.
4. All radii shall be 28' inside and 48' outside radius for all entrances and internal roads.
5. All fire lanes shall have an unobstructed width of 20'. UFC 902.2.1
C. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows:
All municipal surface drainage must be retained on site. If any surface drainage leaves
the site, the Nampa & Meridian Irrigation District must review drainage plans.
2. The developer must comply with Idaho Code 31-3805.
D. Adopt the Recommendations of the Sanitary Services Company as follows:
ORDER CONDTTIONAL USE PERMIT
(CUP-03-035)
PAGE 3 OF 8
The enclosure design looks good. However, further review for access needs to be
considered [as part of the CZC process].
E. Adopt the Recommendations of Central District Health Department as follows:
No objections provided structure is connected to City water and sewer.
2. Stormwater shall be pretreated through a gassy Swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stonnwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
F. Adopt the Recommendations of the Ada County Highway District as follows:
Construct a 35-foot wide (maximum) curb return driveway on Linder Road located
133-feet south of the edge of pavement from the Franklin Road intersection as
proposed. Pave the driveway to its full-required width and to a point 30-feet beyond
the edge of pavement of Linder Road with 15-foot curb radii pavement tapers abutting
the existing roadway edge. Tlxis driveway is approved as a right-in/right-out access
and should be signed accordingly. Coordinate the on site median construction with
District staff.
2. Utilize the existing 30-foot curb return driveway adjacent to the east property line on
Franklin Road as proposed. Pave the driveway to its full-required width and to a point
30-feet beyond the edge of pavement of Franklin Road abutting the existing roadway
edge. This driveway is approved as a full access driveway but may be restricted to
right-in/right-out operations in the future if there is a safety or traffic concern.
3. Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
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.
ORDER CONDTTIONAL USE PERNIIT
(CUP-03-035)
PAGE 4 OF 8
3. Replace any existing damaged curb, gutter and sidewalk and any that maybe
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 years old are not allowed unless approved
in writing by the District. Contact the District's Utility Coordinator at 387-6258 (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 ACRD Ordinances unless specifically waived
herein. An engineer registered in the State of Idaho 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 are required prior to building construction in
accordance with Ordinance #197, 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. The applicant at no cost to ACHD shall repair existing utilities damaged by
the applicant. 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 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.
11. Any change by the applicant in the planned use of the property which is the subject of
this applicafion, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
ORDER CONDITIONAL USE PERNIIT
(CUP-03-035)
PAGE 5 OF 8
applicant or its successors in interest advises the Highway District of its intent to
change the planned use of the subject property unless awaiver/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.
The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to
this permit.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT
DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the permit
holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building permits and
commence construction of permanent foofings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
ORDER CONDITIONAL USE PERMTT
(CUP-03-035)
PAGE 6 OF 8
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year from the
original date of approval by the council. If the successive phases aze not submitted within one
year intervals, the wnditional approval of the future phases shall be null and void. (MCC 11-17-
4.B.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review maybe filed.
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 maybe adversely affected by this decision 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.
ORDER CONDTTIONAL USE PERMIT'
(CUP-03-035)
PAGE 7 OF 8
By action of the City Council at its regular meeting held on the day of
2003.
Robert D. Come, Mayor City of Meridian
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
By:
City Clerk
Z:\Work\Iv1Uvleridian\Meridian 15360M\Karate For Kids CUP-03-035\OrderCUP.doc
ORDER CONDTTIONAL USE PERMIT
(CUP-03-035)
PAGE 8 OF 8