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License and Indemnity Agreement with the Lions ClubLICENSE AND INDEMNITY AGREEMENT with LIONS CLUB OF MERIDIAN This LICENSE AND INDEMNITY AGREEMENT with LIONS CLUB OF MERIDIAN ("Agreement") is made this (o day of boky,✓ , 2015 ("Effective Date"), by and between Lions Club of Meridian, Inc., a non-profit corporation organized under the laws of the State of Idaho, whose address is P.O. Box 266, Meridian, Idaho ( "Licensee"), and the City of Meridian, Idaho, a municipal corporation organized under the laws of the State of Idaho ("City"), whose address is 33 E. Broadway Avenue, Meridian, Idaho. WHEREAS, Licensee is a service organization dedicated to supporting humanitarian needs, sight and hearing services, and youth services; WHEREAS, City owns property on West Cherry Lane between Black Cat and McDermott, in unincorporated Ada County, Idaho, including parcel nos. 51204336500, 51204336450, S1204346615, 51204346715, and 51204346850; WHEREAS, Licensee seeks to utilize parcel no. 51204336500 and the east half of parcel no. S1204336450, as depicted in Exhibit A hereto ("Property") for a rodeo grounds, which use includes riding arena, bucking chutes, bleachers, fencing, announcer stand; and for riding, rodeo reining and other equine activity by amateur and professional riding groups, high school rodeo clubs, team ropers, and barrel racers; and in accordance with the terms and conditions set forth herein, the City of Meridian is willing to allow Licensee a limited license to use Property for these purposes; WHEREAS, for several years, City has leased Property, with the adjacent parcels, to a thud party for crop farming during the summer months, in order to, inter alia, control weeds, pests, and dust, at a lease rate of $100 per acre on thirty-eight (38) acres, less $1,800 for weed control, for a total of $2,000 revenue to the City; WHEREAS, Licensee now seeks to schedule a rodeo event at Property in the summer, in which event the third party may lease and farm only parcel nos. 51204336450; S 1204346615; S 1204346715; and S 1204346850 and the west half of parcel no. S 1204336450 ("Farmed Property"), and will pay a lease rate of $50 per acre for the Farmed Property, for a total of $1,350 revenue to the City; WHEREAS, in consideration of City's reconfiguration of the third party lease and loss of revenue in order to allow Licensee to use the Property during the summer months, Licensee is willing to take on full responsibility for controlling weeds, pests, and dust at Property, and is willing to pay $650 to make up the difference between the $1,350 lease revenue for the Farmed Property and the $2,000 revenue to City otherwise realized for the lease of Property for farming; WHEREAS, on September 20, 2011, City and Licensee entered into a prior agreement, entitled License and Indemnity Agreement with Lions Club of Meridian, which, upon the Effective Date of this Agreement, shall be superseded by this Agreement; NOW THEREFORE, in consideration of the recitals and mutual covenants, agreements, and inducements contained herein, the parties hereby agree as follows: LICENSE AND INDEMNITY AGREEMENT -LIONS CLUB RODEO PAGE 1 OF 9 I. SCOPE OF LICENSE GRANTED BY CITY. A. Scope of use. Licensee's use and occupancy of the Property shall be limited to activities enumerated in Ada County Conditional Use Permit no. 201000531 -CU ("CUP") attached hereto as Exhibit B and incorporated herein by reference, except that Licensee shall not have any access onto McDermott Road from Property unless such access is specifically allowed, in writing, by the Director of the City of Meridian Parks and Recreation Department ("MPR") or his designee. At least thirty (30) days prior to hosting any event or using the Property for any purpose, Licensee shall provide to City written notice of its desire to do so, as well as a written description of the event, including the dates and hours of operation, and a site plan, including a depiction of structures, restrooms, first aid stations, drinking water sources, garbage receptacles, generators and other mechanical equipment, cooking equipment, signs, entrance and exit drives, and parking. Licensee shall also provide, at least thirty (30) days prior to hosting any event or using the Property for any purpose, proof of insurance as required herein. The time and manner of each and every event and use shall be approved by the MPR Director or his designee. City shall reserve the right to deny Licensee permission to use Property for an event or use that will or may endanger the health, safety, or welfare of the public or of Property. B. Compliance with CUP. Licensee shall access and use Property only insofar as such access and use is consistent with and in full compliance in every respect with the requirements and standards established by the CUP, except that Licensee shall not have any access onto McDermott Road from Property unless such access is specifically allowed, in writing, by the MPR Director or his designee. To the extent that the CUP conditions are broader in scope than the permissions conveyed by this Agreement, this Agreement shall control. Any prior general permission granted by City to Licensee for access to or from McDermott Road from Property is hereby revoked; Licensee shall not have any access onto McDermott Road fiom Property unless such access is specifically allowed, in writing, by the Director of the MPR Director or his designee. Should Licensee or any participant in Licensee's activities on Property damage Farmed Property or any equipment or crops thereon, Licensee shall be responsible for any and all costs related to such damage. C. Term of license. The term of this Agreement shall be from the Effective Date through 11:59 p.m. on September 30, 2016 ("Original Term"), provided that Licensee shall have an option to renew the term of this Agreement for additional consecutive terms of up to one (1) year each. Each and every renewal term shall commence upon the expiration of the Original Term or the prior renewal term, as applicable. Such options to renew shall be exercised automatically unless this Agreement is terminated by either Party by the method established herein. Upon automatic renewal, and throughout each and every renewal term, all provisions and conditions of this Agreement shall be in full force and effect. Licensee specifically acknowledges that Property is owned by City for the express purpose of developing such land for municipal park use, and upon initiation of such development, this Agreement shall be voidable and shall not be renewed. Il!. RESPONSIBILITIES OF LICENSEE A. License payment. In consideration of Licensee's use of Property for the purposes enumerated in the CUP, Licensee shall pay City six hundred and fifty dollars ($650.00), which amount shall be due to City by October 15 of each year. LICENSE AND INDEMNITY AGREEMENT -LIONS CLUB RODEO PAGE 2 oI., 9 B. Weed, pest, and dust control. Licensee shall be responsible for weed, pest, insect, vermin, and dust control on the entire Property. It is specifically acknowledged that Licensee shall assume weed, pest, insect, vermin, and dust control responsibility for all twenty (20) acres of Property, including that portion of Property occupied by the rodeo grounds. At all times, Property shall be reasonably free and clear of unwanted vegetative growth, insects, vermin, and fugitive dust. 1. Crop farming. Cover crop farming on Property for the purpose of weed, pest, insect, vermin, and dust control is encouraged. Licensee shall be responsible for all costs, activities, and responsibilities associated with planting, maintaining, and harvesting crops on Property. Licensee shall be entitled to keep the proceeds, if any, of the crop(s) planted and harvested by Licensee on Property. Licensee shall be solely responsible for any and all expenses incurred in Licensee's planting, maintaining, harvesting, storage and transportation of crops removed fi-om the premises including, but not limited to, damages caused by acts of God, acts of nature, and/or weather. Licensee may; at Licensee's option, maintain crop insurance for crops planted on Property. City shall not maintain crop insurance on Licensee's behalf. 2. Chemical application. Should Licensee choose to apply to Property pesticide, insecticide, and/or any other chemical for the purpose of weed, pest, insect, or vermin control on Property, each and all of the following conditions shall apply to every application. a. Licensee shall engage a commercial, professional applicator for such purpose. Such professional applicator shall be licensed and certified by the Idaho State Department of Agriculture ("ISDA") and shall be fully insured as required by ISDA. No person or entity, other than a professional applicator or a professional applicator's qualified employees, may apply to Property pesticide, insecticide, and/or other chemical. b. Licensee hereby authorizes City to act as Licensee's agent for the limited purpose of authorizing, deauthorizing, or scheduling Licensee's selected professional applicator's chemical application on Property, and shall inform each and every applicator of such agency in writing. At least fourteen (14) days prior to any chemical application on Property, Licensee shall provide to City a copy of the written notice provided to the applicator(s) of such agency. Licensee shall be responsible for any and all costs related to the application of chemicals to Property, even if such chemicals are applied pursuant to City's exercise of the agency granted by this provision. City agrees to exercise the agency granted by this provision only if weed, pest, insect, vermin, and dust control on Property does not meet the standards set forth hi this agreement. c. Licensee shall make arrangements for application or evaluation to occur on or around March 1, June 1, August 1, and October 1 of each year, give or take approximately fifteen (15) days before or after such dates. d. At least fourteen (14) days prior to each and every chemical application on Property, Licensee shall provide to City the name, address, and phone number of the professional applicator(s) engaged by Licensee to undertake such chemical application on Property; the scheduled date and time of the application; the type of chemical to be used; and a LICENSE AND INDEMNITY AGREEMENT- LIONS CLUB RODEO PAGE 3 OF 9 copy of the written agreement between Licensee and the professional applicator(s) engaged by Licensee for such purpose, e. Licensee shall not allow the application of any soil sterilant, i.e., prometon, diuron, bromacil, simazine, or atrazine, to Property. f. Within thirty (30) days following any chemical application on Property, Licensee shall provide to City a copy of the application record. g. Licensee shall be solely responsible for any and all expenses incurred in or related to the application to Property of pesticide, insecticide, and/or any other chemical for the purpose of weed, pest, insect, vermin, and dust control. This responsibility shall include, without limitation, remuneration to owners or occupants of adjacent or other parcels for any damage incurred due to the migration of chemicals applied to Property, on Property, or originating fi-om Property. h. Licensee shall not store or dispose of any chemicals upon Property without prior written notice to City. City shall have the option of refusing to consent to any use, storage or disposal of chemicals on Property. All chemicals shall be used strictly in accordance with all applicable laws, rules and ordinances. Licensee shall not allow any chemicals into the air, ground or water except insofar as allowed by said laws and regulations. Licensee shall indemnify and hold City harmless from any claim, liability, loss, cost or expense resulting fi-om chemicals or hazardous or toxic substances placed or used on the Property by Licensee. City shall have the right to inspect Property to determine if Licensee is properly using, storing, and disposing of chemicals and other hazardous substances, C. Ditches and drains. Licensee agrees to clean and maintain in good repair and condition, normal wear and tear excepted, the ditches, laterals and drains situated upon the Property, in order that the maximum water benefit may be obtained and utilized, as follows: 1. As to the ditches, laterals and drains on the east and west sides of Property, Licensee shall clean and maintain them to the center line thereof. 2. As to the ditch on the south side of Property, Licensee shall clean and maintain the entire ditch along the frontage of Property, D. Good faith. Licensee shall utilize the Property in a manner that will best conserve the integrity and long-term beneficial use of the Property. E. Water use. City shall promptly authorize excess water delivery if requested by Licensee. Licensee shall pay any water use overage costs, if applicable. If or when a well is constructed on the property, Licensee shall seek permission fi-om and shall coordinate with the MPR Director or designee prior to accessing any well water. F. Adjoining property. Licensee may not utilize Farmed Property for parking or other use without prior written consent from the third party leasing the Farmed Property. Licensee shall be solely responsible for any and all expenses incurred by City or the lessor of Farmed Property related to damage to Farmed Property or crops, equipment, or personal property due to rodeo events or other events and activities on Property, This responsibility shall include, without LICENSE AND INDEMNITY AoikEEMENT - LIONS CLUB RODEO PACE 4 or 9 limitation, remuneration to City or to the lessor of the Farmed Property for any damage incurred due to activities on Property or originating fiom Property. III. INDEMNIFICATION; INSURANCE. A. Indemnification. Licensee shall, and hereby does, indemnify and save and hold harmless City from and for any and all losses; claims; actions; judgments for damages; injury to its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, other persons, or property; and/or losses and expenses caused or incurred by Licensee and not caused by or arising out of the tortious conduct of City of Meridian. Licensee acknowledges that accessing or using Property carries risks, some of which are unknown, and assumes these and any and all other known and unknown risks and hazards of such activity and any activity related thereto. Licensee forever waives and releases, on behalf of itself, its members, its agents, its employees, and their heirs, executors, administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees now has or may hereafter have against the City of Meridian and/or its employees, elected officials, agents, guests, and/or business invitees, suffered in connection with or arising out of Licensee's access to and use of City facilities and/or any activity related thereto and not caused by or arising out of the tortious conduct of the City of Meridian or its employees. B. No coverage provided. Licensee acknowledges that the City of Meridian shall not provide for Licensee or for its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, any insurance or coverage of any kind, whether financial, medical, property, or otherwise, for any accidents, injuries, deaths, illnesses, losses, or damages that result during or arise out of Licensee's actions or omissions hereunder and/or any activity related thereto. C. Licensee to maintain insurance. Licensee shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, and upon each and every occasion on which Licensee uses the Property hereunder, liability insurance in which the City of Meridian shall be named additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City, and if City becomes liable for an amount in excess of the insurance limits herein provided, Licensee covenants and agrees to indemnify and save and hold harmless City from and for any and all such losses, claims, actions, or judgments for damages or liability to persons or property. Licensee shall provide City with a Certificate of Insurance or other proof of insurance evidencing Licensee's compliance with the requirements of this paragraph. In the event the insurance minimums of the Idaho Tort Claims Act are changed, Licensee shall immediately submit proof of compliance with the changed limits. D. Waiver. Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Licensee's use of Property, whether such loss or damage may be attributable to known or unknown conditions, except for liability caused by or arising out of the tortious conduct of City or its employees. LICENSE AND INDEMNITY AGREEMENT - LIONS CLUB RODEO PAGE 5 OF 9 E. As -is condition. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises of the Property; Licensee accepts same as -is, both at the effective date of this agreement and at the time and for the purpose of each event and activity specified herein. IV. GENERAL PROVISIONS. A. City contribution. Licensee acknowledges that City has contributed to the partnership between City and the Meridian Lions Club by providing Property for Licensee's use, rent free, since City obtained the Property, and by annually contributing two thousand seven hundred dollars ($2,700) in foregone revenue due to Licensee's use of Property. City shall continue to pay the regular irrigation district assessments and property taxes, if any. City shall also promptly authorize excess water delivery if requested by Licensee, though Licensee shall reimburse City for any water use overage costs, if applicable. B. Alterations, improvement to real property. Licensee shall not make, or permit to be made, alterations to or improvements to Property without first obtaining City's written consent. Such alterations and improvements shall comply in all respects with any and all applicable laws, ordinances, regulations, policies, agreements, and requirements. Any alterations to or improvements on Property shall become at once a part of the real property and shall belong to City. C. Structures. Licensee shall not erect, or permit to be erected, structures at or on Property without first obtaining City's written consent. Any and all such shall be erected and maintained by Licensee, at Licensee's sole expense. Structures erected by Licensee shall comply in all respects with any and all applicable laws, ordinances, regulations, policies, agreements, and requirements. Licensee shall own and shall be solely responsible for any structures erected or used by Licensee upon the Property. D. Personal property. Licensee shall provide and maintain, at Licensee's sole expense, all equipment and other personal property necessary for conducting Licensee's activities pursuant to this Agreement. Licensee's personal property shall include bucking chutes and fencing. Such equipment and personal property may be stored at the Property for the term of this Agreement so long as such storage complies with any and all applicable laws, ordinances, regulations, policies, agreements, and requirements. Licensee shall move or remove its equipment and personal property from Property within fourteen (14) days of City's request to do so. Equipment and personal property not removed within the time established herein shall be deemed abandoned by Licensee. Unless and until such abandonment occurs, Licensee shall own and shall be solely responsible for any equipment and personal property stored or used by Licensee upon the Property. E. Liens. Licensee shall keep the Property free from any liens arising out of any work performed for, materials fiurnished to, or obligations incurred by Licensee. Licensee shall not permit nor suffer any lien, judgment or encumbrance to be entered against or filed upon the Property or any improvements or fixtures thereon. Licensee hereby covenants to satisfy any such lien, judgment or encumbrance at Licensee's sole and separate expense, and in all respects fully to indemnify City against all damages, legal costs and charges, including attorney's fees reasonably incurred, in any suit involving any liens, claims, judgments or encumbrances cause or suffered by Licensee with respect to the premises or any part thereof. LICENSE AND INDEMNITY AGREEMENT - LIONS CLUB RODEO PAGE 6 Or, F. Damage; waste. Licensee shall not commit, permit nor suffer any damage to or waste upon the Property or any of improvement, appurtenance, equipment, structure, or personal property situated or placed thereon by or on behalf of City or City's agents or invitees. G. Possession. If City, for any reason whatsoever, cannot deliver possession of the Property to Licensee at the commencement of the term of this Agreement, as hereinbefore specified, this Agreement shall be voidable, and City shall not be liable to Licensee for any loss or damage resulting therefrom. H. Surrender of possession. Licensee agrees that upon termination or expiration of this Agreement for any reason, Licensee shall surrender the premises to City in the same good condition as received, reasonable wear and tear, act of God, act of nature, or damage by weather excepted. Licensee agrees to surrender possession and occupancy of the premises peaceably at the termination of this Agreement and any renewal or extension thereof. I. Right of entry. City and City's contractors, employees, agents, and invitees, shall be authorized to, at all times, to enter Property for the purposes of inspection for compliance with the terms of this Agreement and for the exercise of City's rights hereunder, the posting of notices, and for all other lawful purposes. J. Relationship of Parties. Except for the limited agency specifically described in section II(B)(2)(b) herein, Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, and employees are neither independent contractors nor employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Licensee and City or any official, agent, or employee of City; or between any of Licensee's members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, and the City or any official, agent, or employee of City. K. Taxes. Licensee shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. L. Termination. If, through any cause, Licensee fails to comply with the terms of this Agreement, violates any of the covenants, agreements, and/or stipulations of this Agreement, of the CUP, or of any other applicable law, ordinance, regulation, policy, agreement, or MPR requirement, and/or engages in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may terminate this Agreement by providing written notice to Licensee of such termination. Notice of for -cause termination shall be effective immediately upon mailing by City. If the City Council determines that termination of this Agreement is in the best interest of City, City shall have the right to terminate this Agreement by providing ninety (90) days written notice to Licensee. Licensee may immediately terminate this Agreement at any time by providing written notice to City and removing all equipment and personal property from the Property. Notwithstanding this or any other provision of this Agreement, Licensee shall not be relieved of liability to City for any damages sustained by City by virtue of any breach of this Agreement by Licensee. M. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent LICENSE AND INDEMNITY AGREEMENT -LIONS CLUB RODEO PAGE 7 OF 9 breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Licensee, N. Transfer of property, If City should sell or otherwise transfer title to Property, this Agreement shall be voidable upon transfer of title, at the buyer's or transferee's option. As may be practicable under the circumstances, City shall provide written notice to Licensee of City's intent to transfer title. O. No obligation. By the granting of this license, City does not in any way bar, obligate, limit, or convey any warranty with regard to any action relating to development or operation of said premises, including, but not limited to, annexation, rezone, variance, permitting, environmental clearance, park development, or any other action allowed or required by law or conveyed by City Council, P. Notices, Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed by United States Mail, certified, return receipt requested, addressed as follows: City: City of Meridian Parks & Recreation Department Attn: Steve Siddoway 33 E. Broadway Avenue Meridian, Idaho 83642 Licensee: Meridian Lions Club P.O. Box 266 Meridian, Idaho 83680 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. Q. Compliance; no discrimination. In undertaking activities under or related to this Agreement, Licensee shall comply in all respects with all applicable laws, ordinances, regulations, policies, agreements, and requirements, including, but not limited to, the CUP, and further shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. R. Successors and assigns. It is expressly agreed and understood by the parties hereto, that Licensee shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of City. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. S. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. T. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. LICENSE AND INDEMNITY AGREEMENT -DONS CLUB RODEO PAGE 8 OP 9 U. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice fiom its attorney and/or has received the opportunity to seek such advice. V. Applicable law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. W. City Council approval required. This Agreement shall not be effective for any purpose whatsoever until it is approved by City Council and executed by the Mayor. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by thein duly authorized officers to be effective as of the day and year first above written. LICENSEE: ��- J John Hand President, Lions Club of Meridian, Inc. CITY OF MERIDIAN: Tammy de; V erd, Mayor °ts City of E�f�t: ,ryA,� ti 4 cee H 1 an, City Clerk F SEAL. 1h, '[Af LICENSE AND INDEMNITY AGREEMENT —LIONS CLUB RODEO PAGE 9 OF 9 EXHIBIT A Property LICENSE AND INDEMNITY AGREEMENT- LIONS CLUB RODEO EXHIBIT A 0 LO I- 0 0 ul) 0 Ln N LO N T- 30 EXHIBIT B Ada County Conditional Use Permit no. 201000531 -CU LICENSE AND INDEMNITY AGREEMENT - LIONS CLUB RODEO EXHIBIT B TO: ADA COUNTY PLANNING & ZONING COMMISSION HEARING DATE: August 12, 2010 STAFF: Diana Sanders, Associate Planner PROJECT NO.: 201000531 -CU APPLICANT: Doug Beehler Meridian Lions Rodeo P.O. Box 266 Meridian, ID 83680 INTRODUCTION 201000531 -CU Meridian Lions Rodeo: A request for a conditional use application to allow for a commercial riding arena for practices, High School Rodeo, Team Roping, Barrel Racing and other equestrian events. The property contains 29.586 acres and is located at 6054 W. Cherry Lane, Meridian, ID; Section 04, T. 3N, R 1W. EXECUTIVE SUMMARY The applicant is requesting a conditional use for a commercial riding arena for practices, High School Rodeo, Team Roping, Barrel Racing and other equestrian events. The applicant is providing four hundred eighty-one (481) standard parsing spaces, ten (10) ADA parking spaces, five (5) ADA van accessible parking spaces, and forty (40) contestant parking space allowing for horse trailer parking with turnaround areas. The applicant has placed temporary signs to direct traffic in and out of the facility on Cherry Lane. No parking signs will be placed along Cherry Lane and McDermott Road during the rodeo, due to the number of spectators. Traffic control attendants will be used as needed to avoid congestion. The parking area will be packed and watered prior to and during events as needed to keep the dust to a minimum. There are bleachers on the property that seat approximately 1,500 spectators. Typically there are between 900-1,000 spectators for the Lions Club Rodeo, which is held once a year. The concession area gists of a Coca Cola wagon and portable grills, which Central District health Department inspects and approves for use, associated with the Rodeo. The property is within the City of Meridian Area of Impact and complies with the Meridian Comprehensive Plan allowing the property to remain rural in character. The property contains thirty-nine acres which exceeds the minimum of five acres for a commercial riding arena Ada County Building Division is requiring that a building permit for a one time inspection of the bleachers be required until such time that new structures are added or modified. Nampa & Meridian Irrigation District has no objection to the application provided that no activities affect the Ten Mile Drain or its one hundred foot easement. Ada County Highway District submitted their report attached as Exhibit #6. STAFF REPORT 201000531 -CU, MERIDIAN LIONS CLUB Page 1 RECOMMENDA'T'ION Based upon Staff's review of the application, staff concludes that this application complies with the Ada County Code and recommends approval to the Commission as set out in the proposed Findings of Fact and Conclusions of Law attached hereto. The Commission should consider the evidence and testimony presented during the public hearing prior to rendering its decision concerning this application. Should the Commission make positive findings of fact and vote to approve Project #201000531 -CU, staff recommends that the approval of Project #201000531 - CU be subject to the Conditions of Approval listed in Exhibit A attached to the proposed Findings of Fact and Conclusions of Law and Order. EXHIBIT LIST — PROJECT NO.: 201000531 -CU 1 Master Application Form (Three pages) 2 Applicant's Letter of Intent. (Nine pages) 3 Parking / Site Plan Dated June 9, 2010 and June 25, 2010. (Four pages) A Ada County Building Division memo dated June 23, 2010. (One page) 5 Nampa dt Meridian Irrigation comment letter dated July 1, 2010. (One page) 6 Central District Health Department comment letter received July 9, 2010. (One page) 7 Ada County Highway District comment letter received July 26, 2010. (Twelve pages) STAFF REPORT 201000531 -CU, MERIDIAN LIONS CLUB Page 2 MASTER APPLICATION ADA COUNTY DEVELOPMENT SERVICES 2(10 W. Front Street, Boise, Idaho 83702 www adaweb.net phone: (208) 287-7900 fax: (206) 287--7909 TYPE OF ADMINISTRATIVE APPLICATION: ❑ ACCESSORY USE* ❑ DEVELOPMENT AGREEMENT ❑ FARM DEVELOPMENT RIGHT ❑ FLOODPLAIN PERMIT ❑ HILLSIDE DEVELOPMENT* ❑ HIDDEN SPRINGS ADMINISTRATIVE ❑ HIDDEN SPRINGS SPECIAL EVENT TYPE OF HEARING LEVEL APPLICATION: ❑ COMPREHENSIVE PLAN MAP AMENDMENT ❑ COMPREHENSIVE PLAN TEXT AMENDMENT CONDITIONAL USE ❑ NONCONFORMING USE EXPANSION ❑ SUBDIVISION, PRELIMINARY* ❑ PLANNED COMMUNITIES* ❑ MASTER SITE PLAN* ❑ ONE TIME DIVISION ❑ PRIVATE ROAD ❑ PROPERTY BOUNDARY ADJUSTMENT ❑ PROPERTY STATUS REPORT ❑ SIGN PLAN ❑ TEMPORARY USE' ❑ SUBDIVISION, SKETCH PLAT" ❑ VACATION ❑ VARIANCE ❑ ZONING MAP AMENDMENT ❑ ZONING TEXT AMENDMENT TYPE OF ADDENDA. ❑ APPEAL ❑ FINAL PLAT ❑ ADmlNlsTRATIVE MODIFICATION ❑ TIME EXTENSION ❑ DEVELOPMENT AGREEIVIENT MODIFICATION REQUIRED SUBMITTALS: ❑ CHECKLIST for applicable application(s). If multiple applications, do not duplicate submittals. ❑ *SUPPLEMENTAL WORKSHEET REQUIRED SITE INFORMATION: Q Section y Township: 3Q) Range: tL Total Acres: 33 / ) n Subdivision Name: Lot --M Block. N /7 Site Address C kern L e NL /YID rn0 - rt d City Mere cfie., Tax Parcel Number(s): $1.20433&(15-0 % 11,104334S -Do I Existing Zoning LA T Proposed Zoning Area of City Impact ) r ah Overlay Districts) OFFICE USE ONLY Project #.: 0(b —C L,-(, Planning Fees/QS: Engineering Fees: Received By. , �, Date:, 1 A. 1 Stamued VERSION 2010 .; . EXHIBIT t 201000531 -CU MERIDIAN LIONS CLUB APPLICANT/AGENT: (Please print) M e r ,an Lions C) w ADDITIONAL CONTACT If applicable: (Please Print) Name!)OUel Beekler Name rS n Address: Address 5 City: State: Zip: City: _ MC r I A i a State: J )SZip:310 0 City: 1V0 w+ ag State: _LJ) Zip. Telephoner_" le10-0311 Fax: ?OF- Telephone: Fax: Email: douralce Wer Q d', Q 15, Ae f Email; caIde011Q. f►N I certify this information is correct to the best of my knowledge. ENGINEER/ SURVEYOR if applicable: (Please Print) Ada County and its employees harmless from any claim or Name: liability resulting from any dispute as to the statements contained liability resulting from any dispute as to the statements contained Address: in this application or as to the ownership of the property, which is "/ W5+ /J-71 O City: _ .. State: ---Zip:— Telephone: Fax: Email: Signature: (Applicant) Date OWNER (S) OF RECORD: (Please Print) OWNER (S) OF RECORD: (Please Print) Name apt Name Address: Address- 3 E. firga duiv e City: State: Zip: T3& 2 City: State: Zip: Telephone: 208- WE 033 Telephone: _ ..--. Fax Fax: - - - — -- - - I consent to this application, I certify this information is correct, Email:---- _Email: I consent to this application, I certify this information is correct, and allow Development Services staff to enter the property for and allow Development Services staff to enter the property for related site inspections. I agree to indemnify, defend and hold related site inspections. I agree to indemnify, defend and hold Ada County and its employees harmless from any claim or Ada County and its employees harmless from any claim or liability resulting from any dispute as to the statements contained liability resulting from any dispute as to the statements contained in this application or as to the ownership of the property, which is in this application or as to the ownership of the property, which is the sub' f the application. '' the subject of the application. Signature: er (s) of Record Date I Signature All Owners of Record Date ALL OWNER(S) OF RECORD (ON THE CURRENT DEED) MUST SIGN (Additional Sheets are Available Online) If the property owner(s) are a business entity, please include business entity documents, including those that indicate the person(s) who are eligible to sign documents. VERSION 2010 -2- zADA COUNTY DEVELOPMENT 00W.Front Street, Boise, 113837M. web.net phone: (��S SERVICE9 CONDMONAL USE CHECKLIST A Conditional Use request requires a public hearing. GENERAL INFORMATION: Applicant DESCRIPTION Staff One paper copies and one electro—Mc copy of all required submittals. Completed and signed Master Application DETAILED LETTER by the applicant fully describing the request or project ,r and addressing the following: ✓ Explain the proposed use, and all uses associated with the request Any other supporting information. Address the standards in ACC 8.6ti3 for proposed use(s): ays of use: Hours of use: Duration of use(s): ASTER SITE PLAN Of required) NEIGHBORHOOD MEETING CERTIFICATION PRE -APPLICATION CONFERENCE NOTES (optional) SITE PLAN is not required if associated with a MSP. Show existing and proposed structures. Submit one electronic copy, one full sized plan and one 81 2"X 11" plan. DEED (or evidence of proprietary interest) OVERLAY DISTRICT: May require a separate checklist or additional information or the following: HILLSIDE (AOCS-3M FLOOD HAZARD (ACC 83F) WILDLAND-URBAN FIRE INTE A (ACCS-38 PLANNED UNIT DEVELOPMENT (AOC8-3D) BOISE RIVER GREENWAY (AOC 8.3G) BOISE Al R TERMINAL AIRPORT INFLUENCE AREAS (ACC 83A UST COMPLY WITH SIGN POSTING REGULATIONS (ACC 8-7A.8) PLICATION FEE: Call County or go to www.adaweb.net for fees aUFFAo 1=&L=y nuurmnaaw a[ me m5cre10n ku Ole LlmeoCr or %., mtty wWneer may De required to sutticiently detail the proposed development within any special development area, including but not limited to hillside, planned unit development, floodplain, southwest, WUFL Boise River Greenway, airport influence, and/or hazardous or unique areas of devebpment. Application will not be accepted unless allapplicable items on the form are submitted. This application shall not beconsidered complete until staff has received ad required information. ADA COUNTY JUN 0 9 2010 VERSION 2010 - - DEVELOPMENT SERV10Et Meridian Lions Club PO Box 266 Meridian, ID 83680 June 2, 2010 Ada County Development Services 200 W. Front Street Boise, ID 83702 Re: CUP for Ada County Parcels 51204336450 & S1204336500 Attn: Planning Department This letter is being submitted as part of the application for the conditional use permit for the property parcels indicated above. This request is by the Meridian Lions Club for the use of the property for the annual Meridian Lions Rodeo and all such events that will coincide with the facility as a rodeo grounds and equestrian riding arena At this time the only events scheduled are the Meridian Lions Rodeo and a Barrel Race. We anticipate increasing the number of events when the permit is in place. The Meridian Lions Club will be holding their twenty-first (21st) annual rodeo on the weekend of September 24, 25th, and 26th, 2010. The Rodeo was initially held at the Meridian Speedway and after four years it was moved to the comer of Eagle Road and Fairview Avenue. In 2004 it was moved to the property indicated above, which is owned by the City of Meridian. We are in the process of entering into an agreement with the City and will use the conditional use permit rather than continuing on with the temporary use permit process. The County has issued temporary permits annually since we have moved to the property. We have developed a good relationship with the surrounding property owners and they are supportive of our events. A neighborhood meeting was held on April 17, 2010 with the certification form attached to the application. Proposed use and all uses associated with the request include but are not limited to: a. Annual Meridian Lions Rodeo as a fund raising event by the Meridian Lions Club. b. Riding Groups who have inquired about using the arena for practice. c. High School rodeo clubs have expressed an interest in using the facility. d. Organizations such as Team Ropers, Barrel Racers, and Reiners. The Meridian Lions Club owns the equipment that is on the property and includes the riding arenas, bucking chutes, fencing, bleachers, and announcer stand. We have continued to improve the site as funds are available. ADA COUNTY EXMBrr2 JUN 0 9 7E,10 201000531 -CU MERIDIAN LIONS CLUB DEVELOPMENT SERVICE: Meridian Lions Club PO Box 266 Meridian, ID 83680 Address any use in ACC 8-5-3. (ACC 8-5-3-107: Stable or Riding Arena, Commercial). A. Criteria applied to this establishment: 1. The riding arena is open to the general public or a club. 2. The riding arena can be rented by an individual or group. 3. Spectator seating for more than fifty (50) people is provided at the arena. 4. Retail sales accessory to the riding arena are conducted onsite. B. Sufficient parking and turnaround areas for horse trailers are provided. These areas are designed to preclude vehicles from backing out into a roadway. C. The minimum property size has been complied with. D. All food services have been approved by Central District Health in previous years and we intend to continue the process as we have in the past. Days of Use: It is anticipated that the primary use of the facility will be weekend days. There will be times when we may use the facility during the week. The weekdays will probably be used by the riding groups for practice sessions. Typically the events will be held from April to October. Hours of Use: At this time there are no utilities on the property so the majority of use would be limited to daylight hours. We may on occasion need to use portable temporary lighting for safety reasons if vehicles are leaving the premises after sundown. The Length of Time: The length of time for any event discussed so far is not anticipated to be more than three (3) days at any one time. If a request is for another aspect of time, we will consider it is as it pertains to the permit or adjust accordingly. ADA COUNTY JUN 0 9 2010 DEVELOPMENT SERVICES Meridian Lions Club PO Box 266 Meridian, ID 83680 Master Site Plan: Previous meetings with the County have indicated that we are exempt from a Master Site Plan per ACC 8 -4E -2E. Pre -application conference notes are attached to this application. Neighborhood Meeting Certification: Neighborhood meeting was held on April 17, 2010. The certification is attached to this application. Jerry Frasier was the only neighbor in attendance. Pre -Application Conference Notes: Pre -application conference notes are from 4/1/2010 and are attached. Site Plan: A drawing of the existing facility is attached to this application. A drawing of the parking areas is attached. Legal Description: Deed: Parcel Information attached to this letter. Copies of Deeds are attached to this letter. Overlay District: All areas under this section are not applicable. Application Fee: A request for a fee waiver has been submitted. ADA COUNTY JUN 0 9 2010 DEVELOPMENT SERVICES Meridian Lions Club PO Box 266 Meridian, ID 83680 This is the second time we have requested a conditional use for this facility. The original request was dated April 17, 2007 and was referenced by file # 200700081 -CU. Due to some issues we were unable to resolve in a timely fashion we withdrew the application and proceeded with a temporary use application. We have been in discussions with the City of Meridian and believe we can proceed with the process at this time. Some of the items you wanted us to address in the previous application are listed below. We are limited on improvements due to the lack of sewer and water to the property. As these amenities become available to the area we will update the facility as best we can to comply with your requirements. Items to address: Drainage Plan: Drainage has not been a problem in previous years. The Concession area has been graveled and all other areas are kept groomed and open to return any precipitation directly to the soil. The drive areas and parking areas are kept groomed and drains very well. Traffic Control: We have signs that we use to direct traffic into and out of the facility from Cherry Lane. We are currently using a temporary entrance with property owner approval and adequate signage from McDermott Road to allow for truck and trailer entry to avoid congestion. The approval letter from property owners Mike and Donna Anderson is attached to this application. We will put up no parking signs to keep vehicles off Cherry Lane & McDermott Road. As we develop the facility we anticipate adding another entrance from Cherry Lane. Traffic control attendants will also be used as needed to avoid congestion. Manure Removal: Because of the number of events at this time, the accumulation of manure has not been a problem. ADA COUNT' JUN 9 9 2010 DEVELOPMENT SERVICES Meridian Lions Club PO Box 266 Meridian, ID 83680 Parking: A drawing of proposed spectator parking with 400 spaces with handicap access is attached. Contestant and horse trailer parking and loading is also shown. In previous years we have been packing and watering all drive and parking areas prior to and during the event as needed to keep dust to a minimum We have been very successful in this endeavor and drainage and dust abatement have been complied with We have adequate handicap parking. We take great care in marking the parking areas with stakes and tape. We also have attendants available to keep vehicles parking in an orderly manner. Landscaping: Since utility services are not available and a Master Site plan is not required we are asking for the landscape plan requirements to be waived at this time. Weed control measures are taken during the course of the season to keep weeds from being a problem. The City has been working on weed control and all grass is kept mowed to keep from being a problem Lighting: Since utility services are not available on the property we do not anticipate having any events after dark. For safety reasons we may have to use temporary portable light plants for people leaving the facility after dark. The light plants are similar to what you would rent from a rental facility that includes a generator and light plant. They are non -obtrusive to any neighbors to the property. Noise: ACC 8-4A-15 At this time we do not plan on having events between the hours of ten o'clock (10:00) PM and seven o'clock (7:00) AM. Our sound system is a 150 watt amp with 6 speakers and is just for the purpose of the announcer to speak to the spectators and for background music. The location of the bleachers and announcer stand is such that sound does not offend any of the neighbors to the property. Signage: Any signage used will be approved by the City and adhere to County 0911,. m COUNTY JUN 0 9 7010 DEVE OPPABITccqV;C r Meridian Lions Club PO Box 266 Meridian, ID 83680 Discussions with Meridian Fire Department: Previous discussions with the Meridian Fire Department have indicated that there will be a working relationship between the department and the Meridian Lions Club. Previous letter is attached to this application and new discussions will take place. Discussions with Idaho Department of Environmental Quality: Previous discussions with Idaho DEQ indicated the main concern with them is air pollution due to dust stirred up by ground preparation and the animals in the arena. The use of water trucks at the events has kept dust to a minimum in the past and will be continued as needed. The trucks are used for all parking areas and the arena. As parking lots are developed the dust will also be further reduced. Discussions with Ada County Highway District: Previous discussions with ACHD have been positive for this project and further discussions will be held. The main issues to address will be entrances to the property. Due to the fact that we are a non-profit group that raises funds to give back to the community we do not have large amounts of capital to fund major improvements on the facility and must depend on donations from outside sources to accomplish what we can. We would appreciate your help in working with us to accomplish this application process. The Meridian Lions Club is a local service club that is part of Lions International and we raise funds through community projects. The annual rodeo has become one of the largest local rodeos in the Northwest and continues to grow. The money raised is primarily for local needs of the community and its citizens. Our emphasis is on sight and hearing loss prevention, diabetes awareness, and youth development. Thank you in advance for your consideration of this application. I can be reached by phone at 208-866-0311 or by email at dougbeehler�ec dig s.net. cerely, &L�gj Doug B er ADA cQUNTY President, Meridian Lions Rodeo JON n 9 2010 0EyE) 0PP,1ENT s sgy;C _� rage i of i Diana Sanders From: dougbeehler@digis.net Sent: Wednesday, June 30,2010 1:11 PM To: Diana Sanders Cc: Don Carson Subject: CUP for Meridian Vons Rodeo Diana, I am out of town till the 4th of July but wanted to get you some Info about the concessions and bleachers. The bleachers will hold about 1500 people. Typically we have about 900-1,000 people using the bleachers. These are the same bleachers that the County has inspected and approved for use the last few years. We have repaired them as needed. The concession area consists of Coca Cola wagons and portable grills. The Central District Health Dept has inspected and approved for use these same items in past years. If you need any further info please let me know. Thanks, Doug Doug Beehler, CMFC 830 N. Main St, Ste 210 Meridian, ID 83642 Office 2084188-9590 Cell 208-866-0311 Home 208-939-5747 Fax 208-084-5665 ADA COUNTY .JUN 3 0 2010 7/1/2010 DEVELOPMENT SERVICES MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree David Zaremba CITY DEPARTMENTS City Attorney/HR Mailing Address: 33 E. Idaho Avenue Street Address: 703 N.Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234: fax 895-0390 Parks & Recreation I i W. Bower Street 888-3579 i fax 888-6854 Planning 660 E. Watertower Street Suite 202 884-5533 ; fax 888-6854 Police 1401 E. Watertower Street 888-66781 fax 846-7366 Public Works 660 E. Watertower Street Suite 200 898-5500 1 fax 895-9551 - Building 660 E. Watertower Street Suite 150 887-2211 ; fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 ? fax 884-0744 - Water 2235 N. W. 8th Street 888-5242 fax 884-1159 March 30, 2007 Mr. Bruce Wall Ada County Development Services 200 W. Front Street Boise, ID 83702-7300 Re: Meridian Lion's Club Rodeo Property Dear Mr. Wall: The property at 6054 W. Cherry Lane is within the Meridian Rural Fire Protection District. After reviewing the plan received on March 22, 2007, Meridian Fire Department can work with the Lion's Club on access roads, 20' wide fire lanes and tum-arounds. Resp tfully, r Kebny Bowers Meridian Fire Department ADA COUNT%f ADA COUNTY APRj 7 Le"r? JUN 0 9 7010 DEVELORI iE� 11 SEKVVE"; CrrY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CrrY CLERK- FAX 888- 4218 FINANCE & UrIL TY BILLING - FAX 887.4813 MAYOR'S OFFICE -FAX 884-8119 mail.digismet - Digis Webmail <> 06/03/10 2:47PM Print Cancel From: Diana Sanders <dsanders®adaweb.net> To, "dougbeehler@digls.net" <dougbeehierodigis.net> Received -0n: 05/13/10 10:04 AM Subject: FW: Meridian Lyon's Club More... Doug, Here is the email from the County Engineer. Diana Sanders Associate Planner Ada County Development Services 208-287-7905 From: Jim Farren Sent: Thursday, May 13,20109:51 AM To: Diana Sanders CC Mark Perfect Subject: Meridian Lyon's Club Page 1 of 1 Diana, we met earlier this week with the Meridian Lyon's Club to discuss their plans for use of a parcel for a yearly rodeo event. Since the parcel will see most of the yearly usage during a 2 -day period, I see no benefit in requiring the applicants provide a paved parking lot at this time. They have agreed to roll and water the field prior to the yearly event. This should prove satisfactory. We may wish to condition the approval as being able to reevaluate the situation should problems be noted in the future or if the public complains. Jim Farrens Ada County Engineer ADA COUNTY JUN 0 9 2010 DEVELOPMENT SERVICE° http://webmail.digis.netteonappslftlwmlpageMewMessageAttachment?folder—INBOX&mi... 6/3/2010 v B Mer dfan Uons dub P.M 0. Bax 266 �iItARaU.G B3fA�i Meridian, Idaho 83680.0266 PROJECT NO. 200700081-M APPLICATION FOR CONDITIONAL WE PERMA �..._ Ada County Development Servim 200 W. Front Street DINT y Boise. Idaho 63702 JUSEX-99 PARKING DIMENSIONS ` 5dn I h eaoit E ft �srrs�s ed PARKING LAYOUT Q>ary lit 23fad A. NaI Mwidian Uww PAdw Pwkhg Swnmfr Raw 1 5 Van hacaee WC 10 DeeipmW NIC Sbte 10 mm do Sbte Ran 26 39 SW Row 2b 41 Std Ran 3e 413%1 Root 3b 42 Sid .t Row 4a 42 Sid. Row 4 b 43 SUL Raw 5 a 43 SlcL Row 5b 44 Sed Raw Qs 44 81d Raw 5b 46 Std Raw 7a 46 Std Total 5 Van Aaoem WC 10 Deslp *W NIC 451 Standard Paddnp Mate In ardor t0 padde mote debt 0n Ore Pwklnq Wpd themmb haw vw W s0gW but tin toot b g I V+ prwA0U* provided See the 00br deeipnetlon t0 thaw the WC parkkp tdotL ADA COUNTY JUN — 9 2010 *i w Chw"Y LOW DEVELOPMENT SERVICES 0 -Contestant Prep Area •Practice Arena r%_—___ INBOUND NOTIFICATION : FAX RECEIVED SUCCESSFULLY ** TI14E RECEIVED RE14UTE CSID DURA 4 PAGES STATUS 3une 2S, 2010 10:09:32 AM mDT 208 463 8893 58 1 Received 5 10 10:09a Don Carson (208) 463.8893 p 1 m F—! O: �t w W; U' ►4 m - _ ACCESS LIONS CLUB RODEO TEN MILE CREEK PROPERTY LINE' 6' CHAIN LINK' �--� 1,11,11,1111 1I'l,11T11'I I I "F CONTESTANT PARKING (40) a ACCESS ----��--- ---------------- = 1: if 1• ti 1 1. II : 11 i I1 7 U ' r u 5 SS HC/vAN11T�51,' • I I t 'dT M I! -1 if I I li f!! I j a 'f i iSltl I• 11 ;11' S:f1'T�i111(if1 '��� U Ill)ililrri IIII fill If(�I�,��I I s �1 1 •' li/'ll'l? ` Tff 11 1. 1t 'Jill.11 oul "Y 1 It 1 HIP!"I'll, 1 ' i 1 I: � 11 SO4 10'40' PARKING STALLS % • PLUS 15 HC STALLS `• ' 25' DRIVE AISLES 4' CONG DITCH l �- CHERRY LANE HOUSE ADA COUNTY JUN 2 5 2010 DEVELOPMENT SERVICES SCALE 1"=200' 3 201000331 -CU MERIDIAN LIONS CLUB Post -It' Fax Note 7671KFax#— EXHIBrr s�.►Tazldi -A Af�Df Cowl ale AL�Pl,QM# 7� -2 00 843 Fat ! ? r, ?d BUILDING DIVISION MEMO DATE: 6/23/2010 FROM: Bob McKinney, Plans Examiner II TO: Diana Sanders, Associate Planner SUBJECT: 201000531 CU Meridian Lions Club Rodeo The building Division as in years past will require a building permit for a one time Inspection to Insure conformance with the established Fire and Life Safety criteria established In the 2005 submittals by Architect Byron Lee Smith and Engineer Darren Truchots' building permit submittals. The 2010 Inspection will be performed to the same standards as the previous years as established In 2005. This practice will continue until something changes such as new structures are added or modif ed. At that point this practice will be discontinued. E?CHIBrr 4 201000531 -CU MERIDIAN LIONS CLUB 1 July 2010 Ada County Development Services 200 W Front St. Boise, ID 83702-7300 JUL 0 2 2010 ADA COUNTY DEVELOPMENT SERVICES 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208-463-0092 RE: 201000AI-CU/Meridian Lions Club Rodeo Dear Development Services: Phones: Area Code 208 OFFICE: Nampo 466.7861 SHOP: Nampa 466-0663 Providing no activities effect Nampa & Meridian Irrigation District's Ten Mile Drain or it's one hundred foot (1001); fifty feet (50') from centerline easement this will be acceptable to the District. Sincerely, Greg urtis Asst. Water Superintendent Nampa & Meridian Irrigation District Wdbg C: File - Office/Shop APPROXIMATE IRRIGABLE ACRES EXH113rr S RIVER FLOW RIGHTS - 23,000 201000531 -CU BOISE PROJECT RIGHTS - 40,000 MERIDIAN LIONS CLUB CENTRAL kHEAD DEIARTAO CENTRAL DISTRICT HEALTH DEPAK , MENT JUL US 2010 Rezone # Conditional Use~#ELOPMEENNT_SEi Preliminary / Final / Short Plat vironmental Health Division Return to: ❑ Base LjEagle 0Garden Oly z ❑ Meridian C ACZ O� ❑1. We have No Objections to this Proposal. ❑2 We recommend Denial of this Proposal. ❑a Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑4. We will require more data concerning soil conditions on this Proposal before we can comment Us Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of. ❑ high seasonal ground water ❑ waste flow characteristics ❑ bedrock from original grade ❑ other U& This office may require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 08. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑9. The following plan(s) must be submitted to and approved by the Idaho Department of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑10. Run-off is not to create a mosquito breeding problem. ❑1 t. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indurate approval. ❑ 12 If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 03. We will r uire plans be submitted for a plan review for any: ASLfood establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑14. Please see attached stormwater management recommendations 015. _AKjagft&ftZ,g' ' Reviewed By: 1 ✓�lr�....� Date:' EXMrr 6 201000531 -CU Review Sheet 157N-001EHM MERIDIAN LIONS CLUB AO 114 ev.w..Plra- o July 21, 2010 To: Meridian Lions Club Doug Beehler P.O. Box 266 Meridian, Idaho 83680 Subject: 201000531 -CU W. Cherry Lane. Sherry R. Huber, President Rebecca W. Arnold, Vice President John S. Franden, Commissioner Carol A. McKee, Commissioner Sarah M. Baker, Commissioner JUL 2 6 2010 ADA COUNTY D� IMENT SERVICES On July 21, 2010 the Ada County Highway District Staff acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at (208) 387-6171. Sincerely, Kristy Heller Planner I Right -of -Way & Development Services Ada County Highway District CC: Project file Ada County Development Services, City of Meridian, Don Carson Ada County Highway District • 3775 Adams Sbred • Garden City, ID • 83714 • PH 208-387-6100 • FX 345-7650 • www.achd.ada.id.us EXHIBIT 7 201000531CU WIFRM1AN T InW-q VT TrR Right -of -Way & Development Services Department do-' Wata 5."." Project/File: 201000531 -CU This is a conditional use application for the Meridian Lions Rodeo (commercial riding arena, equestrian events) on 29.586 -acres. This site is located on the north side of Cherry Lane, east of the corner of Cherry Lane and McDermott Road in Ada County, Idaho. Lead Agency: Ada County Site Location: W. Chert' Lane Staff Approval: July 21, 2010 Owner: City of Meridian RUT 33 E. Broadway Ave. Rural -Urban Transition Zone Meridian, Idaho 83642 Applicant: Meridian Lions Club RUT Doug Beehler P.O. Box 266 Meridian, Idaho 83680 Staff Contact: Tech Review: Kristy Heller Phone: 387-6171 E-mail: kheller0gachdidaho.org July 14, 2010 (via email) Application Information: Acreage: Zoning: Proposed Use: 29.586 RUT (Rural -Urban Transition Zone) Meridian Lions Rodeo A. Findings of Fact Existing Conditions 1. Site Information: The site has some structures onsite from prior temporary use approvals. 2. Description of Adlacent SurroundintrArea: Direction Land Use Zoning North Rural -Urban Transition Zone RUT South Rural -Urban Transition Zone RUT East Rural -Urban Transition Zone RUT West Rural -Urban Transition Zone RUT 3. Existing Roadway Improvements and Right -of -Way Adjacent To and Near the Site: • Adjacent to the site, Cherry Lane is improved with 2 travel lanes, 25 -feet of pavement, and no curb, gutter, or sidewalk. There is 50 -feet of right-of-way (25 -feet from centerline). 1 2010005331 -CU • Near the site, McDermott Road Is improved with 2 travel lanes, 28 -feet of pavement, and no curb, gutter or sidewalk. 4. Existing Access: There is one defined access to this site off Chevy Lane. S. Existing Condition of Area Roadways: Roadway Frontage Functional Traffic Count Level of Speed Classification Service* Limit Cherry 995' Principal 7843 east of McDermott Road on Better 45 Lane Arterial 5/6/2010 than "C" MPH McDermott 0' Principal 592 north of Chert' Lane on 3/18/2010Better 50 Road Arterial 480 south of CherryLane on 4/18/2001 than "C" MPH 'Acceptable level of service for a two-lane principal arterial roadway is OF (14,000 ADT). 6. Site History: ACHD staff previously reviewed this site for the Meridian Lions Rodeo, as a temporary use (200600214 -TP, 200700167 -TP & 200800151 -TP) in September 2006, September 2007, and August 2008. There were no requirements at the time of the applications due to the application being a temporary use. Development Impacts 7. Trip Generation: This development is estimated to generate approximately 47 additional vehicle trips per day, based on the Institute of Transportation Engineers Trip Generation Manual, 81' edition. During events, actual trip generation will be significantly higher. S. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 9. Capital Improvements Plan (CIP) / Five Year Work Plan (FYWP): There are no roads, intersections, or bridges in the general vicinity of the development that are programmed for improvement in the current Five Year Work Plan. • Cherry Lane is listed in the Capital Improvement Plan (CIP) for corridor preservation to accommodate widening to 5 -lanes in between McDermott Road and Black Cat Road. B. Findinas for Consideration 1. Cherry Lane Right -of -Way Policy: District policy requires 96 -feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 5 -lane roadway with curb, gutter, 540011 concrete detached sidewalks and bike lanes. Sidewalk Policy: District policy requires 7 -foot wide attached (or 5 -foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). , ACRD Master Street Map: ACRD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, collector street requirements, and specific roadway features required through development. This segment of Cherry Lane is designated in the MSM as a Planned Commercial Arterial with 5 -lanes and on -street bike lanes, on -street parking and an 82 -foot street section within 96 -feet of right-of-way. Existing Conditions: Cherry Lane is improved to 2 -lanes (25 -feet of pavement), with no curb, gutter, or sidewalk within 50 -feet of right-of-way. ApplicarWe Proposal: The applicant is not proposing any improvements on Cherry Lane abutting the site. 2 201000531 -CU Staff Comment(Recommendations: Typically with this type of development application, the applicant would be required to dedicate 48 -feet of right-of-way from the centerline of Cherry Lane, as well as construct a 5 -foot wide detached concrete sidewalk located a minimum of 42 -feet from the centerline of Cherry Lane abutting the site. However, due to the lack of improvements adjacent to the site, and the large amount of frontage on Cherry Lane (995 -feet), staff recommends a modification of policy to allow the applicant to do one of the following: 1. Dedicate 48 -feet of right-of-way from the centerline of Cherry Lane abutting the site and construct a 5 -foot wide detached concrete sidewalk located a minimum of 42 -feet from the centerline of the roadway abutting the site, or, 2. Dedicate 48 -feet of right-of-way from the centerline of Cherry Lane abutting the site with no compensation in lieu of sidewalk construction. This site has also been designated as a future City of Meridian park. With a future development application, additional frontage improvements may be required. 2. Driveways Access Management Policy: District policy 7207.8 states that direct access to arterials and collectors is normally restricted. The developer shall try to use combined access points. If the developer can show that the use of a combined access point to a collector or arterial street is impractical, the District may consider direct access points. Access points for proposed developments at intersections should be located as far from the intersection as practical, and in no case closer than as illustrated on Figure 72-F4, unless a waiver for the access point has been approved by the District Commission. Successive Driveway Policy (45 MPH): District policy 72-F5, requires driveways located on collector or arterial roadways with a speed limit of 45 to align or offset a minimum of 230 -feet from any existing or proposed driveway. Driveway Width Policy: District policy 7207.9.3 restricts commercial and institutional driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36 -feet. Most commercial driveways will be constructed as curb -cut type facilities if located on local streets. Curb return type driveways with 15 -foot radii will be required for driveways accessing collector and arterial roadways. Driveway Paving Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its 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. Applicant Proposal: The applicant is proposing to utilize the 20 -foot wide existing driveway onto Chevy Lane located 1,277 feet east of the intersection of McDermott Road and Chevy Lane (615 - feet from the nearest existing driveway on the south side of the roadway). Staff Comment/Recommendation: Staff recommends a modification of policy to allow the construction of one driveway onto Cherry Lane, as it meet's the intent of ACHD's Access Management policy, by providing sole access to the site; therefore, the applicant's proposal to utilize the existing driveway onto Chevy Lane should be approved, as proposed. The applicant should be required to pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the roadway. This site has also been designated as a future City of Meridian park. With a future development application, access to Cherry Lane will be restricted. Although District staff is making a recommendation to allow the continued use of the existing driveway located 1,277 -feet east of the Intersection of McDermott Road and Chevy Lane with this application, the applicant should plan on 3 201000531 -CU providing a combined access point for use by both the Meridian Lions Rodeo and the future park once the remainder of the parcel redevelops. 3. Landscaping Tree Planter Policy: The District's Tree Planter Policy prohibits all trees in planters less than 8 -feet in width without the installation of root barriers. Class It trees may be allowed in planters with a minimum width of 8 -feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10 -feet. License Agreements: A license agreement is required for all landscaping proposed within ACHD right-of-way or easement areas. Trees shall be located no closer than 10 -feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40 -foot vision triangle and a 3 -foot height restriction on all landscaping located at an uncontrolled intersection and a 50 -foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. 4. Other Access Cherry Lane is classified as a principal arterial roadway. Other than the access specifically approved with this application, direct lot access is prohibited to this roadway. C. Site Specific Conditions of Approval 1. The applicant will be required to do one of the following for Cherry Lane abutting the site. 1. Dedicate 48 -feet of right-of-way from the centerline of Cherry Lane abutting the site and construct a 5 -foot wide detached concrete sidewalk located a minimum of 42 -feet from the centerline of the roadway, or; 2. Dedicate 48 -feet of right-of-way from the centerline of Cherry Lane abutting the site with no compensation, in lieu of sidewalk construction. 2. Pave the existing 20 foot wide driveway located at the east property line its fun width and at least 30 -feet Into the site beyond the edge of pavement of Cherry Lane. 3. Enter into a license agreement for any landscaping located within ACHD right-of-way abutting the site. 4. Other than the access specifically approved with this application, direct lot access is prohibited to Cherry Lane. 5. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway dr right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be home by the developer. 4. 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. 5. Comply with the District's Tree Planter Width Policy. 6. 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. 4 201400531 -CU 7. 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. 8. 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. 9. 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. 10. Payment of applicable road impact fees are required prior to building construction. The assessed Impact fee will be based on the impact fee ordinance that is in effect at that time. 11. 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 (1-811-342-1585) 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. 12. 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. 13. 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/varlance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law The proposed site pian is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. 5 201000531 -CU i '.p - - _ � _ rO.t.Jar fi A•,i,t ��. pi)F7 •04f I .,.I C) U;? i f x;!12 '• F ACM yi Site Plan am" Ld" DEVEOPMWSMVW 201000531 -CU Ada County Utility Coordinating Council Developer/Local Improvement District Right of Way Improvements Guideline Request Purpose: To develop the necessary avenue for proper notification to utilities of local highway and road improvements, to help the utilities in budgeting and to clarify the already existing process. 1) Notification: Within five (5) working days upon notification of required right of way improvements by Highway entities, developers shall provide written notification to the affected utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall Include but not be limited to, project limits, scope of roadway improvements/project, anticipated constriction dates, and any portions critical to the right of way improvements and coordination of utilities. 2) Plan Review: The developer shall provide the highway entities and all utility owners with preliminary project plans and schedule a plan review conference. Depending on the scale of utility improvements, a plan review conference may not be necessary, as determined by the utility owners. Conference notification shall also be sent to the UCC. During the review meeting the developer shall notify utilities of the status of right of way/easement acquisition necessary for their project. At the plan review conference each company shall have the right to appeal, adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the developer with a letter of review indicating the costs and time required for relocation of its facilities. Said letter of review is to be provided within thirty calendar days after the date of the plan review conference. 3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary plans. Utilities may request an updated plan review meeting if revisions are made in the preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days after receiving the revisions to review and comment thereon. 4) Final Notification: The developer will provide highway entities, utility owners and the UCC with final notification of its intent to proceed with right of way improvements and indude the anticipated date work will commence. This notification shall indicate that the work to be performed shall be pursuant to final approved plans by the highway entity. The developer shall schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity shall be completed within the times established during the preconstruction meeting, unless otherwise agreed upon. Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit iducc.com for e-mail notification information. 8 201000531 -CU 11 Development Process Checklist :1 ®Submit a development application to a City or to the County ®The City or the County will transmit the development application to ACHD ®The ACHD Planning Review Division will receive the development application to review ®The Planning Review Division will do gM of the following: []Send a "No Review" letter to the applicant stating that there are no site specific requirements at this time. ❑Send a "Comply With" letter to the applicant stating that if the development is within a platted subdlvislon or part of a previous development application and that the site specific requirements from the previous development also apply to this development application. ®Write a Staff Level report analyzing the Impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ❑Write a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ®The Planning Review Division will hold a Technical Review meeting for all Staff and Commission Level reports. []For ALL development applications, including those receiving a "No Review" or "Comply With" letter. • The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development Review Division for plan review and assessment of impact fees. (Note: if there are no site Improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee calculation.) • The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of-way, including, but not limited to, driveway approaches, street improvements and utility cuts. ❑Pay Impact Fees prior to issuance of building permit Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBEF Construction (zone) ❑ Driveway or Property Approach(s) • Submit a *Driveway Approach Requesr form to Ada County Highway District (ACHD) Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. ❑ Working in the ACHD Right -of -Way • Four business days prior to starting work have a bonded contractor submit a'Temporary Highway Use Permit Application" to ACHD Constriction — Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, If trench Is >50' or you are placing >600 sf of concrete or asphalt. Conatrucdon (SubdMsions) ❑ Sediment & Erosipn Submittal • At least one week prior to setting up a Pre -Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, must be turned into ACHD Construction — Subdivision to be reviewed and approved by the ACHD Drainage Division. ❑ Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre -Con being scheduled. ❑ Final Approval from Development Services ACHD Construction — Subdivision must have received approval from Development Services prior to scheduling a Pre -Con. 201000531 -CU Request for Appeal of Staff Decision Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously In the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 10 201000531 -CU Request for Reconsideration of Commission Action Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it Is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, Interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 11 201000531 -CU a GENERAL DMIMAnON: Certification W pftw sb"K 6"AW m—" I �wrwcdawch net l epsj You Murat. POst lite PmPm ty at tea& ten (IM days pilar tt1 the selroaduled public heads m*Cjertiankmnm must be sub "od 81 feast wmn (7) dap pka tD Om mauled pubfic hemip& pig resew Axtim B -7A4 cd dwAda Crnuuy Code for aU sign pow mgid, ase sHwh daW PhMWEPha afewh sign with theceMileatton. PRUJtCr RMAMATION: aaeotuL 04 TownshtP:3 Merid�,raa irons 12ff{�Eap I,ot. .5 _chorry T.anw Tax ParCd Ninnbel(Sfi1 204�6A4f1 elv 51204336500 P. _b. 803i 2 T. swat fiam I mr0fY that the praPerty was posted at first hen Cit) days prior to Ov schaduted public heacirng and have shad" dahed phowgraphs of each mgn in anoordemoe with Section 8-7A,S of the Ada County Code - Please draw a Wag= oFsap IM611(e) a, the vr*pnty _.Date. July 30, 2010 S301NOS 1N3W8013Nl MiBrr s 201000531 -CU MERIDIAN LIONS CLUB co cn IV to C Vy � O w na ni f1 � SIC w J-5 U� o �-�rNn matin-- os .es ti gar9-- Q ..i fr.7 aj RAJ A CID Vy � O w na ni f1 � BEFORE THE ADA COUNTY PLANNING & ZONING COMMISSION In re: Application of MERIDIAN LIONS CLUB Project No. 201000531 -CU FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FINDINGS OF FACT If any of these Findings of Fact are deemed Conclusions of Law, they are incorporated into the Conclusions of Law section. A. The Commission finds that the record is comprised of 1. Exhibit 1 to the Staff Report. 2. Exhibit A to the Findings of Fact, Conclusions of Law and Order. 3. All other information contained in Ada County Development Services File for Project No. 201000531 -CU. B. As to procedural items, the Commission finds the following: 1. In accordance with Section(s) 8 -6 -3A/8 -7 -3A2/8 -74A 1 of the Ada County Code, the applicant completed a pre -application conference with the director prior to the submittal of the application on June 9, 2010. 2. In accordance with Section 8-7A-3 of the Ada County Code, the applicant held a neighborhood meeting on April 17, 2010. 3. On June 9, 2010, Project #201000531 -CU was submitted to Development Services and scheduled for public hearing before the Ada County Planning and Zoning Commission on August 12, 2010. 4. On June 22, 2010, staff notified other agencies of this application and solicited their comments. Any comments received were incorporated into the staff report and are attached in the Exhibit List. 5. On July 9, 2010, property owners within 300 feet of the site were notified of the hearing by mail. Legal notice of the Commission's hearing was published in The Idaho Statesman on July 27, 2010. 6. Notices of the public hearing were posted on the property on or before August 2, 2010 and a certification sign posting was submitted to the director on or before August 5, 2010. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 20100053 ICU, MERIDIAN LIONS CLUB Page 1 C. As to the project description, the Commission finds based on the application materials found in the file for Project No. 201000531 -CU the following: 1. PROPOSED USES — Riding Arena, bucking chutes, bleachers, fencing, and announcer stand for Meridian Lions Rodeo, riding groups, High School rodeo clubs, Team ropers, Barrel Racers, and Reining. 2. PROPOSED STRUCTURES — Announcer Stand and Bleachers. 3. PROPOSED SITE RVIPROVEMENTS- 400 Parking spaces including ADA parking, trailer parking and dust abatement. D. Based on the materials found in the file for Project No. 201000531 -CU, the Commission finds the following concerning the project description: 1. PARCEL NUMBER AND LOCATION — The subject property is identified as Ada County Tax Parcels S 1204336450 and S 1204336500. The site is located at 6054 W. Cherry Lane in Section 04, T. 3N., R. 1W., Meridian, Ada County, Idaho. 2. OWNERSHIP — The property is owned by the City of Meridian. 3. SITE CHARACTERISTICS Property size — Parcel S 1204336450 contains approximately 17.659 acres. Parcel S 12043 36500 contains approximately 11.927 acres. Existing structures — Bleachers and an announcer stand. Existing vegetation — There is no vegetation currently on site. Slope - The property is virtually flat. Irrigation - It appears that surface irrigation water is available to property. Drainage - There do not appear to be any drainage facilities located on the property. Views - The site has clear views in all directions. E. Based on the officially adopted Ada County land use maps, the Commission finds the following concerning the current land use and zoning: The subject property is currently un -improved. The site is currently zoned Rural -Urban Transition (RUT) District. F. Based on the officially adopted Ada County land use maps, the Commission finds the following concerning the surrounding land use and zoning: North: The property to the north is zoned Rural -Urban Transition (RUT) District and is unimproved land. South The property to the south is zoned Rural -Urban Transition (RUT) District with a single- family residence and unimproved land. East: The property to the east is zoned Rural -Urban Transition (RUT) District and is unimproved land. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 20100053 ICU, MERIDIAN LIONS CLUB Page 2 West: The property to the west is zoned Rural -Urban Transition (RUT) District with a single- family residence and unimproved land. G. Based on the officially adopted Ada County land use maps and materials found in the file for Project No. 201000531 -CU, the Commission finds the following concerning services: Access Sum and Designation: Official access to the subject property is provided from W. Cherry Law (Principal Arterial). Fire Protection: The Meridian Fur. District provides fire protection service to the site. Sewage Disposal: The property is within the Meridian Municipal Sewer District. Water Service: The property is not within a Water District. Irrigation District: The property is within the Boise Project Board of Control and Nampa & Meridian Irrigation District. Drainage District: The property is not located within the jurisdictional limits of any of the established drainage districts. H. As to the applicable law, the Commission finds the following: This section details the comp plan goals, objectives and policies; the zoning ordinance regulations; and other applicable standards regarding development of the subject property. I - The Commission finds the City of Meridian Comprehensive Plan is applicable because the property is within the City of Meridian's Area of Impact. The Commission finds the application complies with the City of Meridian's Comprehensive Plan because: Meridian's Future Land Use Map designates the area as Low Density Residential/Civic. The City of Meridian's Comprehensive Plan permits recreational uses that are compatible with agricultural pursuits in the rural areas. 2. The Commission finds Tide 8, Chapter 5, Article B of the Ada County Code is applicable as this application includes a request to establish a commercial stable, riding arena in a residential base district, which requires conditional use approval. The required findings for approval of a conditional use permit are set forth below in italics text, followed by the Commission's findings: 8-5B-5: REQUIRED FINDINGS: A. The proposed use is not detrimental to the public health, safety, or welfare; The Commission finds that the proposed use will not be detrimental to the public health, safety or welfare because of the follow reasons: a. The proposed conditional use will be required to comply with all county, state, and federal regulations; b. The Proposal has been transmitted to public agencies such as fire, police, and emergency service providers, and no comments have been received uxhmtmg concern with impacts to health, safety or welfare; c. The proposal complies or is conditioned to comply, with the specific use standards found Title 8, Chapter 5 of the Ada County Code as described below; and FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 20100053 ICU, MERIDIAN LIONS CLUB Page 3 B. The proposed use shall not create undue adverse impacts on surrounding properties; The Commission finds that the proposed use will not create undue adverse impacts on surrounding properties because of the following: a. The use is restricted to daylight haus, due to the fact that there are no utilities on site. Portable temporary lighting for the safety of vehicles leaving the premises after sundown and will comply with ACC 84H. The applicant is proposing events that will primarily be on weekend days, with some will events during the week by riding groups for practice sessions. Typically the events will be held from April to October, b. Outdoor storage areas associated with the use will be required to screened from view; c. The use will be setback 100 feet frorn adjacent property; and d. The use will be subject to the noise ordinance and comply with ACC 8-0A-15. The applicant is proposing a 150 watt amp with six speakers for the announcer and background music. e. The applicant will provide for weed control on the property. C. The proposed use is consistent with the applicable comprehensive plan; The Commission finds that the proposed use is consistent with the applicable comprehensive plan because of the following reasons: a. According to the official zoning maps adopted by Ada County, the subject property is located within the City of Meridian Area of City Impact; thus the City of Meridian Comprehensive plan is applicable when considering development of the site; b. The subject property is designated as Low Density Residential with a civic overlay for a park on the 2010 City of Meridian Future Land Use Map; c. The proposed use, a stable, riding arena commercial, is agricultural in nature and meets the intent of the Residential zoning designation identified in the Future Land Use Map. D. The proposed use complies with the purpose statement of the applicable base district and with the specific use standards as set forth in this chapter, 1. The Commission finds the following concerning compliance with the applicable base district purpose statement: a. The existing use and associated improvements as highlighted above, are consistent with the goals and policies of the applicable comprehensive plan; b. The proposal will not preclude adjacent agricultural and rural uses from continuing; and c. As the proposed use is limited in the use as a commercial riding arena, the subject property Inas the potential for firture redevelopment in accord with the applicable comprehensive plan once urban public services are available. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 20100053 ICU, MERIDIAN LIONS CLUB Page 4 3. The Commission fords that, as conditioned, the proposal complies with applicable specific use standards found in ACC 8-5-3-107 of the Ada County Code because of the following: A. The establishment is deemed commercial and requires a conditional use approval because the riding arena is open to the general public and clubs. Spectator seating is for more than fifty (50) as identified as bleachers on the master site plan as well as a concession's area. B. The applicant submitted a parking plan for four hundred eighty-one (48 1) standard parking spaces, ten (10) ADA parking spaces, five (5) ADA van accessible parking spaces, and forty (40) contestant parking space allowing for horse trailer parking. The applicant has placed temporary signs to direct traffic in and out of the facility on Cherry Lane. No parking signs will be placed along Cherry Lane and McDermott Road during the rodeo, due to the number of spectators. Traffic control attendants will be used as needed to avoid congestion. The parking area will be packed and watered prior to and during events as needed to keep the dust to a minimum. The Ada County Engineer has reviewed the plan and is recommending that the parking area not be paved at this time. If the dust becomes a problem the applicant will be required to address the problem. C. The minimum property size for commercial stabletriding arena is five (5) acres. The property currently contains thirty-nine (39) acres. D. The applicant is not proposing catering with this application. E. The proposed use complies with all applicable county ordinances; The Commission finds that the proposed use complies with all applicable County ordinances. F. The proposed use complies with all applicable state and federal regulations; The Commission finds that the proposed improvements will be restricted by the conditions of approval to comply with all applicable State and Federal regulations. G. The proposed use and facilities shall not impede the normal development of surrounding ply; and The Commission funds that the proposed improvements will not impede the normal development of surrounding property because the proposed use is agricultural in nature and the surrounding property has already been developed with rural uses. H. Adequate public and private facilities such as utilities, landscaping, parking spaces, and traffic circulation measures are, or shall be, provided for the proposed use. The Commission finds that the nature of the proposed use will not place a large demand on public and private facilities. The applicant is providing four hundred eighty-one (481) standard parking spaces, ten (10) ADA parking spaces, five (5) ADA van accessible parking spaces, and forty (40) contestant parking space allowing for horse trailer parking. The applicant has placed temporary signs to direct traffic in and out of the facility on Cherry Lane. No FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 201000531 CU, MERIDIAN LIONS CLUB page 5 parking signs will be placed along Cherry Lane and McDermott Road during the rodeo, due to the number of spectators. Traffic control atter will be used as needed to avoid congestion- The paddug area will be packed and watered prior to and during events as needed to keep the dust to a minimum.. No activities will continue past dark, due to the lack of electricity to the site. The applicant will be required to provide portable rests om facilities and comply with all Central District Health Requirements. ACRD has approved one access on Cherry Lase, which will need to be 20 wide and 30 feet into the site beyond the edge of pavement of Cherry Lane. The applicant has requested the landscaping be waived until services are available. Weed control measures will be taker by the City of Meridian. CONCLUSIONS OF LAW If any of these Conclusions of Law are deemed to be Findings of Fact they are incorporated into the Findings of Fact section. 1. The Commission concludes that Project No 201000531 -CU complies with the City of Meridian's Comprehensive Plan. 2. The Commission concludes that Project No. 201000531 -CU complies with Article 8-5B of the Ada County Code. 3. The Commission concludes that Project No. 201000531 -CU complies with Article 8-5-3-107 of the Ada County Code. ORDER Based upon the Findmgs of Fact and Conclusions of Law contained hen~m, the Commission approves Project # 201000531 -CU, subject to the Conditions of Approval attached as Exhibit A. DATED this 12'h day of August, 2010, By: Acting Chairpersou Ada County Planning Commission ATTEST: L7 T W 7717 FDMINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 20100053 ICU, MEMIAN LIONS CLUB Pap 6 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE APPROVAL REQUIRED ACTIONS. THE FOLLOWING LIST DETAILS THE TASKS THAT MUST BE COMPLETED BEFORE THE APPROVAL OF FILE #201000531 -CU WILL BE CONSIDERED FINAL. THE APPLICANT AND/OR OWNER HAVE UNTIL AUGUST 12, 2011 TO COMPLETE THE REQUIRED ACTIONS AND TO OBTAIN A ZONING CERTIFICATE UNLESS A TIME EXTENSION IS GRANTED. SEE SECTION 8-7-6 OF THE ADA COUNTY CODE FOR INFORMATION ON TIME EXTENSIONS. IF A BUILDING PERMIT IS REQUIRED, THE ZONING CERTIFICATE SHALL BE ISSUED WITH THE BUILDING PERMIT. THIS APPROVAL SHALL BECOME VOID IF A VALID ZONING CERTIFICATE HAS NOT BEEN ISSUED BY THAT DATE. SITE IMPROVEMENTS ARE NOT ALLOWED UNTIL THE ZONING CERTIFICATE HAS BEEN ISSUED. The applicant and/or owner shall obtain written approval of the development (site plan and/or use) from the agencies noted below. All site improvements are prohibited prior to approval of these agencies. a) The Meridian Fire District must approve all fire flow requirements and/or building plans. b) The Nampa & Meridian Irrigation District must approve all modifications to the existing irrigation system. c) Ada County Highway District must approve the construction of the driveway approach for proper ingress and egress of the development site. The verification must be on agency letterhead referring to the approved use. 2. A Building Permit for a one time inspection is required prior to the use of the bleachers. Please contact the County Building Official at 364-2277 for fee and application information. The design and construction of the development shall comply with the approved and stamped master site plan and the Ada County Code. 3. Once construction is complete, the applicant shall request a zoning compliance inspection from the Development Services Department. Staff will check for compliance with the approved master site plan. The Director must approve any modification and/or expansion to the master site plan. See Section 84E-3 of the Ada County Code. TERMS OF APPROVAL. THE FOLLOWING TERMS MUST BE COMPLIED WITH AT ALL TIMES OR YOUR APPROVAL MAY BE REVOKED. 4. A zoning certificate and/or a building permit may not be issued until 15 days after the Commission issued time written decision on the proposed development. In the event the decision of the Commission is appealed, the building permit may not be issued until the appeal is resolved in favor of the proposed development. See Section 8-7-7 of the Ada County Code for more information on appeals. 5. The use must comply with all Central District Health requirements. 6. The Director must approve any modification and/or expansion to the conditional use. See Section 8-4E-3 of the Ada County Code. 7. The use must comply with the specific use standards for commercial stable and riding arena in Section 8-5-3-107 of the Ada County Code. 8. Americans with Disabilities Act (ADA) parking shall be provided and located so as to provide the CONDITIONS OF APPROVAL 201000531 -CU, MERIDIAN LIONS CLUB Exhibit A Page 1 EXHIBIT A shortest route of travel from adjacent parking to an accessible entrance. 9. The applicant must comply with the submitted site plan and parking plan, submitted June 9, 2010 and June 25, 2010. 10. A minimum of 410 standard parking spaces, 40 contestant parking spaces, five ADA van accessible parking spaces and 10 ADA compliant parking spaces shall be required for the proposed event as shown in Exhibit 44. 11. The temporary use shall comply with the design and dimensional standards of the Rural -Urban Transition (RUT) District, unless otherwise specified. 12. As approved by this action, the site shall be limited to the placement of temporary structures as permitted subject to the regulations of Article 8-41. 13. No irrigation and/or drainage water shall be impeded by any construction on site. 14. The property must be managed and maintained consistent with the standard regulations in Title 8, Chapter 4, Article A of the Ada County Code. Please note that this Article contains specific regulations regarding the accumulation of junk, atmospheric emissions, construction sites, hazardous material storage, outdoor public address systems, outdoor storage of chemicals and fertilizers, transmission line corridors, and utilities. 15. Any lighting on the site shall comply with the lighting regulations in Title 8, Chapter 4, Article H, of the Ada County Code. 16. The use must comply with the noise regulations in Ada County Code, Title 5, Chapter 13. 17. The property must comply with the nuisance regulations in Ada County Code, Title 5, Chapter 9. CONDMONS OF APPROVAL 201000531 -CU, MERIDIAN LIONS CLUB Exhibit A Page 2