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Roaring Springs Water Park CUP ; (Ii .. BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF REED J. BOWEN, JR., BOWEN PROPERTIES, LLC, AN IDAH,p LIMITED COMPANY, dba ROARING SPRINGS WATER PARI<, THE APPLICATION FOR A CONDITIONAL USE PERMIT FOR A FAMILY WATER PARI<, (18.41 ACRES), SOUTH OF 1-84, WEST OF HIGHWAY 69, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER ~ :':4 " The above entitled conditional use permit application having come . ,', before the City Council on December 15, 1998, at the Meridian City Hall, 33 East Idarr~treet, Meridian, Idaho, upon the Findings of Fact and Conclusions of Law .: =l! . . a:lrd-R.ecommendation to City Council issued by the Planning and Zoning . Comrflission who.f2onducted a public hearing and having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered --- . . . . thI:matter, the Planning and Zon~ng Commission makes the following Findings-of . . .. . Fact arlH Conclusions of Law and Recommendation to City C~uncil: . .... . . . , . ~~(~~6~1~d~l~l~IO~S PF.lAW -~ige 1 CONDITIONAL USE PE if - REED J. BOWEN, JR. AND BOWEN PROPERTIES -- ROARIN,P SPRINGs-'WATE",R PA~K ., .. .':1 '" . I . . . ~ . . .,f/t: "f-l. . _. 'j "~ . . . . {; . ....14.. . . . .. . I'" . I ;,. .- ;\ . .. .. . . . . " . :i: . FINDINGS OF FACT ',.. 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the first said public hearing scheduled for December 15, 1998, before the Planning and Zoning Commissiql1, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the Planning and Zoning Commission at the December 15, 1998, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given flJll opportunity to S:! express comments and sub~t evidence. ,;. This proposed development request is in a (C-G), General Retail and .. Service Commercial Zone by reason of the provisions of ~ 11-2-418E of the Municipal Code. . FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 AND DECISION AND ORDER FOR A CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK . ., :\: ~ ,. ~ .' ~ rr; 3. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and ~1l-2;416E and 418E as evidenced by the Mfidavit of Mailing, and the Mfidavit of Publication and Proof of Posting filed with the staff report. 4. The property is located within the City of Meridian; that the general location of the property is South of 1-84 and West of Highway 69 adjacent to the East of the Boondocks Recreation Park, and more particularly described within the application which description is incorporated herein. '5: The application represents that it is being pursued by Bowen Properties, LLC, dba Roaring Springs with consent of the record property owner, Winston H. Moore, pursuant to a Conditional Purchase and Sale Agreement, and in accordance with the Mfidavit of legal interest executed by Winston H. Moore, and on file as a matter of record in this action and incorporated herein. 6. Bowen Properties, LLC has filed a written request for a conditional use permit. 7. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. It lI, FINDINGS OF FACT AND CO~CLUSIONS OF LAW - Page 3 AND DECISION AND ORDER FOR A . CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK .. . " 629-Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. 8. The subject property is currently zon~~ (C-G), General Retail and Service Commercial. The subject property was annexed into the City of Meridian in August 1995, and as the property is designated within the Meridian Comprehensive Plan as a Mixed-Planned Use Development area, a requirement of the annexation and the development agreement for the property was that all subsequent uses would be developed under the conditional use permit process. The General Retail and Service Commercial District is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408 B (ll). 9. The Applicant now seeks approval for their application for a conditional use permit for the development of an outdoor water park development project.. The Applicant . has submitted a Concept Plan and Site Plan depicting the location and appearance of the site, buildings, landscaping, parking, and water rides to be included within the development. Testimony submitted during the public hearing before the Planning and 11 Zoning Commission indicated that the development will attrac!t a maximum of 3,000 vehicle dips per day, will require one and a half million gallons of water for the initial fill, ... with sixty thousand gallons per day of required make up water. . FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 AND DECISION AND ORDER FOR A CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK ., . ~. 10. Giving due consideration to the. comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to midegate the effects of the proposed use and development upon services delivered by political subdivisions ..... providing services to the subject real property within the planning jurisdiction of the ,( City of Meridian: 1.1 Conditions requested by the City of Meridian Planning and Zoning Administrator and Assistant to City Engineer within their ~' ,\ Memorandum dated December 7, 1998, as amended by the Planning and Zoning Commission be required as follows: II 1.1.1 Aii.y existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance ll- ." 9-605 M. The ditches to be piped should be.shown on the site plans. Plans will need to be approved by the appropriate . ), :I: irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling ,';; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 AND DECISION AND ORDER FOR A CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK . . . . ~~ ;' of any ditches crossing this project. . 1.1.2 Any existing domestic wells and/or septic systems within this ~ I~I project will have to be removed from their domestic service per 'I . ~ City Ordinance Section 5-7-517 . Wells may be used for non- domestic purposes such as landscape irrigation. 1.1.3 Off-street parking shall be provided in accordance with Section ~ 11-2-414 of the City of Meridian Zoning and Development e Ordinance and/or as detailed in site-specific requirements. " 1.1.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414D4 and 11-2-414D5 of the City of Meridian Zdning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) ." . requirements. 1.1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City . Engineer (Ord. 557,10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. ~ '"I 1.1.6 Outside lighting shall be designed and placed so as not to direct ,. illumination on any nearby residential areas and in accordance FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 . . AND DECISION AND ORDER FOR A CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK ... OJ 1< with City Ordinancer.Section 11-2-414D3. 1.1.7 All signage shall be in accordance with the standards set forth in Section 11-2-4J 5 of the City of Meridian Zoning and Development Ordinance. No temporary signage, banners or " , " flashing signs will be permitted. 1.1.8~Provide five-foot-wide sidewalks in accordance with City .. Ordinance Section 11-9-606B. 1.1.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.1.1 Q Sanitary sewer and water service to this project will be via lines ~ that were installed as part of the Interstate Center. Designer is ., '. to coordinate sizing and routing of sanitary sewer and \Vater within the development with the Public Works Department. 1.1.11 The ten-inch irrigation line shown bisecting the property will need to be relocated. . ... 1.1.12A non-development agreement is in effect for the majority of this project. The property owner needs to request a modification of the non-development agreement for approval. by the Meridian '" City Council prior to any permits being issued. :::; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 AND DECISION AND ORDER FOR A CONDITIONAL USE PERMIT - REED J. BO\NEN, JR. AND :! BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK . ;;; . -i '. 1.1.13 Sanitary restrictions are still in place for this property and will need to be lifted prior 'EO issuance of any permits. Provide a letter from Central District Health Department lifting the ;;; sanitary restriction for this portion of Interstate Center. '" 1.1.14Applicant shall provide the Public Works Department with ;.} information on anticipated fire flow and domestic water ."lI' requirements for the proposed site. The engineer on this project . was to provide detailed information on water usage for this o..~ development; the information has not yet been received. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. '. 1.1.15 Assessment fees for water and sewer service are determined ~ .: during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water "Late Comers" fees will also be charged ag'\fnst this parcel to help . reimburse the parties responsible for installing the water mains to their current points. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 AND DECISION AND ORDER FOR A CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK " . " II i" 1.1.16Applicant shall provide calculation of asphalt area of the parking lot to the Meridian Planning and Zoning Department. 1.1.17The applicant shall develop the landscaping for the subject site >; r. in the manner set forth within the landscaping plans submitted j;,' as part of the record; however, no trees may be located over the existing sewer easement. Proper screening of the mechanical building must be completed. A minimum 20-foot-wide landscape setback shall be required beyond the right-of-way for 1-84. Landscaping within the parking lot shall be constructed as shown within the landscaping plan. 1.1.18 The applicant must ensure that adjacent residential properties and the trav;ling public are not impacted by glare, and shall submit a lighting plan to be approved by the City of Meridian Planning and Zoning Department. . 1.1.19 Detailed signage plans shall be submitted by the applicant subject to design review by the Meridian Planning and Zoning Department. 1.1.20The proposed utilities and lighting plans shall be submitted by the applicant. The Meridian Public Works Department shall . FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 . AND DECISION AND ORDER FOR A CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK review such plans as part of the site plan. r:;,', 1.1.21 Five-foot-wide sidewalks must be provided along Overland Road. 1.1.22A traffic study setting forth the impact at OverlaJld 'l: RoadlHighway 69 shall be submitted by the applicant. 1.1.23 Provisions for bicycle racks must be made within the development. 1.1.24 Screened trash enclosures are required per City Ordinance. Coordinate location and construction requirements with Meridian Sanitary Service, Inc. 1.1.25AlI building and parking lot construction must meet the requirements of the Americans with Disabilities Act. 1.1.26The driveway shown on Overland Road within the plans submitted by the applicant shall be constructed to 30' and a deceleration lane shall be provided on Overland Road. 1.1.27The applicant shall provide to the Meridian Planning and Zoning Department detailed information regarding the water demands required by the project. The City of Meridian reserves the right to request that a restrictive schedule would need to be followed for the time and rate of the initial fill and " FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 AND DECISION AND ORDER FOR A CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK . I' .. . maintenance water volumes. 1.1.28 No City water will be allowed for landscape irrigation~ The existing pressurized irrigation system will need to be utilized for landscape purposes. ~ 1.1.29The existing services that were stubbed into the individual lots . for Interstate Center along Overland Road need to be abandoned. Coordinate abandonment with the Public Works Department. 1.1.30The private road and adjacent 10' public utility easement shown on the recorded plat must be vacated prior to issuance of the . Certificate of Occupancy. """ 1.1.31 Detailed information on parking requirements for the project . shall be submitted to the Meridian Planning and Zoning Department. . :r~ 1.2 Conditions requested by the Nampa & Meridian Irrigation District , ;'1 suomitted within their letter dated November 16, 1998, included as follows: 1.2.1 Nampa & Meridian Irrigation District's right-of-way on the Ten :..~ . FINDINGS OF~FACT AND CONCLUSIONS OF LAW - Page 11 AND DECISION AND ORDER FOR A CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK ~I . Mile Drain is 100'; 50' from the center each way. Any encroachments upon such right-of-way are to occur, approval '" must be obtained through a license agreement with the District. 1.3 IC Conditions requested by the Central District Health Department within their comments dated November 18, 1998, be adopted as follows: . :. 1.3~ 1 Any run-off from the project shall not create a mosquito breeding problem. ~ 1.3.2 Plans shall be submitted to the Central District Health Department for plan review for any food establishment and swimming pools or spas. 1.3.3 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality in the mann~r described by \he Idaho Central District [Iealth Department. 1.4 That any and all conditions and recommendations from the Ada County Highway District as set forth within their final report to be submitted subsequently hereto shall be complied with by the applicant. ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 AND DECISION AND ORDER FOR A I: CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK ., . . . :t: . '. . ~~~ ~. I, . . . 11. The applicant and several consulting experts testified during the public hearing before the Planning and Zoning Commission regarding the specific i:: characteristics of the proposed project and that the applicant was agreeable to reasonable conditions imposed by the Meridian Planning and Zoning Commission and the Meridian City Council to ensure the compatibility of the project with the Meridian Comprehensive Plan, the City of Meridian Zoning and Development Ordinance, and the standards set forth within the conditional use permit provisions of the ordinance. 12. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian Planning and Zoning Administrator, Shari Stiles, have submitted comments by and through a Memorandum dated December 7, 1998, and by and through testimony during the public hearing on this matter. Such report and comments are hereby incorporated herein. 13. Central District Health Department, the Meridian City Police Department, the Nampa & Merid~an Irrigation District, the Meridian fire '" Department, and the Meridian Sewer Department submitted comments which are . hereby incorporated herein. 14. A representative from the ACHD testified regarding various transportation related issues, however, a final report from the ACHD was not . :~ .. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 AND DECISION AND ORDER FOR A CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK ., ~ '= ;, available or received by the Meridian Planning and Zoning Commission at the public ~ hearing. 15. The uses proposed within the subject application will in fact constitute a conditional use as determined by City Policy. "" 16. The proposed uses Within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan an~, the City of Meridian Zoning and Development Ordinance. .. 17. The uses proposed within the subject application will be designed, constructed, operated and maintained.to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. I' 18. The uses proposed within the subject appl\~ation will not be hazardous or disturbing to existing or future neighboring uses. 19. The uses proposed within the subject application will be served . adequately by.central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 20. . The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 AN~ DECISION AND ORDER FOR A CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK . -" 0;' /, . . . 21. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be .. detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 22. Sufficient off-street parking for the property and the proposed uses of the property will be provided. ;' 23. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. '" CONCLUSIONS OF LAW . 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.c. ~67-6503). ; 2. The Meridian Planning and Zoning Commission may exercise all the powers ." required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 AND DECISION AND ORDER FOR A CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK . 'I ;'J the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits II which a proposed use is otherwise prohibited by the terms of the ordinance but allowed .. with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the .evidential showing supports the finding that the following standards are met and that the proposed development: (Section 11-2-418, City of Meridian Zoning and Development Ord.): a. Will, in fact, constitute a conditional use as determined by City policy; '0 b. Will be harmonious with and'" in accordance with the Comprehensive Plan and this Ordinance; .. c. Will be designed, constructed, operated and maint~ined to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; . d. Will not be hazardous or disturbing to existing or future neighboring uses; '. FINDIt\GS OF FACT AND CONCLUSIONS OF LAW - Page 16 AND DECISION AND ORDER FOR A CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK ~ ,. ~ ~ I II 101 Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; 1'~J .;. Will not create excessiv~ additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; ... Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; L L Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. . 'I - 5. Prior to granting a conditional use permit in a General Retail and Service Commercial zone (C-G), a public hearing shall be conducted with notice to be published I and provided to property owners or purchasers of record within three hundred feet !o\ (300') of the externalpoundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Section 11-2-418E City of Meridian Zoning and Development Ordinance, which provides as follows: u: ;;; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 AND DECISION AND ORDER FOR A CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK !(.: '. o :1: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Section 11-2- 416, Zoning Amendment Procedures, of this Ordinance. Provided, however, that Conditional Use applications for land in Old Town and in Industrial and Commercial Districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission .and after the recommendation of the Commission is made the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." . 6. Following the public hearing and within 45 days after the co.nclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application !:i; be approved, approved with conditions or denied. The Commission shall ensure that ~: any approval or approval with conditions of an application shall be in accordance with 1 Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, " and Idaho State law. (Section 11-2-418(f), City of Meridian Zoning and Development ~I Ordinance. ) 1 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: a. Minimize adverse impact on other development; b. Control the sequence and timing of development; c. Control the duration of development; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 ANb DECISION AND ORDER FOR A 1 CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROP~RTIES, LLC -- ROARING SPRINGS WATER PARK . .. . . . d. Assure that the development is maintained property; e. Designate the exact location and nature of the development; f. Require the provision for on-site public facilities or services; and g. Require more restrictive standards than those generally required, in this Ordinance. ~~ ;\ :> DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. Having made the afore stated Decision and Order, the City of Meridian City Council does hereby Order and this does Order that the above named applicant is granted the proposed application for a conditional use permit for the uses set forth ..hereinabove with the following conditions: 1.1 Conditions requested by the City of Meridian Planning and Zoning Administrator and Assistant to City Engineer within their Memorandum dated December 7, 1998, as amended by the Planning and Zoning Commission be required as follows: 1.1.1 Any existing irrigation/drainage ditches crossing the property to be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 AND DECISION AND ORDER FOR A CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK . !~ 'l '" (l:i ",. ." :Ill included in this project, shall be "tiled per City Ordinance 11-9-605 M. The ditches to be piped shoUld be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works ;~ Department. No variances have been requested for tiling of any ditches crossing this project. 1.1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517 . Wells may be used for non-domestic purposes such as landscape irrigation. 1.1.3 Off:street parking shall be provided in accordance with Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.1.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414D4 and 11-2-414D5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 'I :;c 1.1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557,10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.1.6 IOutside lighting shall be designed and placed so as not to direct illumination on an~nearby residential areas and in accordance with City Ordinance Section 11-2-414D3. " 1.1.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, banners or flashing signs will be permitted. .. 1.1.8 Provide five-foot-wide sidewalks in accordance with City Ordinance FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 ANb DECISION AND ORDER FOR A CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK . . '" Section 11-9-606B. 1.1.9 All construction shall conform to the requirements of the Americans with Disabilities Act. roi 1.1.10 Sanitary sewer and water service to this project will be via lines that were installed as part of the Interstate Center. Designer is to coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 1.1.11 The ten-inch irrigation line shown bisecting the property will need to be relocated. 1.1.12A non-development agreement is in effect for the majority of this project. The property owner needs to request a modification of the non-development agreement for approval by the Meridian City Council prior to any permits being issued. 1.1.13 Sanitary restrictions are still in place for this property and will need to be lifted prior to issuance of any permits. Provide a letter from Central District Health Department lifting the sanitary restriction for this portion of Interstate Center. 1. 1. 14Applicant shall provide the Public Works Department with information on anti~ipated fire flow and domestic water requirements for the proposed site. The engineer on this project was to provide detailed information on water usage for this development; the information has not yet been received. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. ... 1.1.15 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 AND DECISION AND ORDER FOR A CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK ~ for installing the water mains to their cUIIent points. ..... . 1. 1. 16Applicant shall provide calculation of asphalt area of the parking lot to the Meridian Planning and Zoning Department. ~ .. 1.1.17 The applicant shall develop the landscaping for the subject site in the manner set forth within the landscaping plans submitted as part of the record; however, no trees may be located over the existing sewer easement. Proper screening of the mechanical building must be completed. A minimum 20-foot-wide landscape setback shall be required beyond the right-of-way for 1-84. Landscaping within the parking lot shall be constructed as shown within the landscaping plan. 1.1.18 The applicant must ensure that adjacent residential properties and ;;: the traveling public are not impacted by glare, and shall submit a lighting plan to be approved by the City of Meridian Planning and '!: Zoning Department. '. '" 1.1.19 Detailed signage plans shall be submitted by the applicant subject to design review by the Meridian Planning and Zoning Department. II 1.1.20 The proposed utilities and lighting plans shall be submitted by the applicant. The Meridian Public Works Department shall review r. such plans as part of the site plan. 1.1.21 Five-foot-wide sidewalks must be provided along Overland Road. 1.1.22 A traffic study setting forth the impact at Overland RoadlHighway .,' 69 shaJ...I be submitted by the applicant. 1.1.23 Provisions for bicycle racks must be made within the development. 1.1.24 Screened trash enclosures are required per City Ordinance. Coordinate location and construction requirements with Meridian Sanitary Service, Inc. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 AND DECISION AND ORDER FOR A CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK ~ 1.1.25 All building and parking lot construction must meet the requirements of the Americans with Disabilities Act. '. 1.1.26 The driveway shown on Overland Road within the plans submitted by the applicant shall be constructed to 30' and a deceleration lane shall be provided on Overland Road. 1.1.27 The applicant shall provide to the Meridian Planning and Zoning Department detailed information regarding the water demands required by the project. The City of Meridian reserves the right to request that a restrictive schedule would need to be followed for the time and rate of the initial fill and maintenance water volumes. 'I 1.1.28 No City water will be allowed for landscape irrigation. The existing pressurized irrigation system will need to be utilized for landscape purposes. 1. 1.29 The existing services that were stubbed into the individual lots for Interstate Center along Overland Road need to be abandoned. Coordinate abandonment with the Public Works Department. 1.1.30 The private road and adjacent 10' public utility easement shown on the recorded plat must be vacated prior to issuance of the Certificate of Occupancy. 1.1.31 Detailed information on parking requirements for the project shall be submitted to the Meridian Planning and Zoning Department. 1.2 Conditions requested by the Nampa & Meridian Irrigation District submitted within their letter dated November 16, 1998, included as follows: J< 1.2.1 Nampa & Meridian Irrigation District's right-of-way on the Ten Mile Drain is 100'; 50' from the center e:"ach way. Any encroachments upon such right-of-way are to occur, approval must be obtained through a license agreement with the District. ':"- 1.3 Conditions requested by the Central District Health Department FINDINGS OF FACT AND CONCLU~ONS OF LAW - Page 23 AND DECISION AND ORDER FOR A . CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK within their comments dated November 18, 1998, be adopted as follows: 1.3.1 Any run-off from the project shall not create a mosquito breeding problem. 1.3.2 Plans shall be submitted to the Central District Health Department for plan review for any food establishment and swimming pools or spas. 'o:i 1.3.3 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater cfnd surface water quality in the manner described by the Idaho Central District Health Department. ;;; 1.4 That any and all conditions and recommendations fr""om the Ada County Highway District as set forth within their final report to be submitted subsequently hereto shall be complied with by the applicant. ~ 2. The conditions shall be reviewable by the Commission pursuant to Section 11-2-418 (K) of the City of Meridian Planning and Zoning Ordinance. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit . ~ ~ in accordance with this Decision, which shall be signed by the Mayor and City Clerk :>, and then a copy served by the Clerk upon the applicant, the Planning and Zoning :8 Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24 AND DECISION AND ORDER FOR A ~ CONDIT.IONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK !: .. NpTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of .~ 1. Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. ,. By action of the City Council at its regular meeting held December 15, 1998. ROLL CALL: ~~ COUNCILMAN ANDERSON" VOTED~ COUNCILMAN BENTLEY VOTED COUNCILMAN BIRD VOTED COUNCILMAN ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25 AND DECISION AND ORDER FOR A CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK . ~ MOTION: APPROVED: ' DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: Dated: msglD:\MyFiles\Meridian City File\Roaring Springs\FFCL ORDER.wpd " ,":...,. ,,1 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26 AND DECISION AND ORDER FOR A CONDITIONAL USE PERMIT - REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER pARK .\".l .' BEFORE THE MERIDIAN CITY COUNCIL . IN THE MATTER OF THE APPLICATION OF ) REED J. BOWEN, JR., BOWEN ) PROPERTIES, LLC, AN IDAHO LIMITED ) COMPANY, dba ROARING SPRINGS ) WATER PARK, THE APPLICATION FOR A ) CONDITIONAL USE PERMIT FOR A FAMILY) WATER PARK, (18.41 ACRES), SOUTH OF ) 1-84, WEST OF HIGHWAY 69, MERIDIAN, ) . IDAHO ) ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council without public hearing under the provisions of S 11-2-418 E Municipal Code of the City of Meridian for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: " A Conditional Use Permit is herein granted to Reed J. Bowen, Jr., Bowen Properties, LLC, and Idaho Limited Company, d/b/a Roaring Springs Water Park for the development of an outdoor water park development project upon the real property described in Exhibit "A" attached hereto and located at South of 1-84 and West of Highway 69 adjacent to the East of the Boondocks Recreation Park, Meridian, Idaho. This permit is subject to the following terms and conditions: 1. Having made the afore stated Decision and Order, the City of Meridian City Council does hereby Order and this does Order that the above named applicant is granted the " ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT REED J. BOWEN, JR. / ROARING SPRINGS - 1 11, '\ proposed application for a conditional use permit for the uses set forth hereinabove with the following conditions: . - :1 1.1 "i!'< ... Conditions requested by the City of Meridian Planning and Zoning Administrator and Assistant to City Engineer within their Memorandum dated December 7, 1998, as amended by the Planning and Zoning Commission be required as follows: 1.1.1 Any existing irrigation/drainage ditches cro~ing the property to be included in this project, shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. · ,",.::: f.~l 1.1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. ~;f; ~j . 1.1.3 Off-street parking shall be provided in accordance with Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. " :;; 1.1 .4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414D4 and 11-2-414D5 of the City of Meridian Zoning . and Development Ordinance and in accordance with Americans with ~ Disabilities Act (ADA) requirements. 1.1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.1.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414D3. 1.1.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, banners or flashing signs will be permitt~d. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT REED J. BOWEN, JR. / ROARING SPRINGS - 2 2 1.1.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606B. 1.1.9 All construction shall conform to the requirements ofthe Americans with Disabilities Act. 1.1.10 Sanitary sewer and water service to this project will be via lines that were installed as part of the Interstate Center. Designer is to coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 1 .1 .11 The ten-inch irrigation line shown bisecting the property will need to be relocated. 1.1.12 A non-development agreement is in effect for the majority of this project. The property owner needs to request a modification of the non- development agreement for approval by the Meridian City Council prior to any permits being issued. 1.1.13 Sanitary restrictions are still in place for this property and will need to be lifted prior to issuance of any permits. Provide a letter from Central District Health Department lifting the sanitary restriction for this portion of I nterstate Center. 1.1.14 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. The engineer on this project was to provide detailed information on water usage for this development; the information has not yet been received. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 1.1.15 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water mains to their current points. 1.1.16 Applicant shall provide calculation of asphalt area of the parking lot to the Meridian Planning and Zoning Department. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT REED J. BOWEN, JR. / ROARING SPRINGS - 3 ~ 1.1.17 The applicant shall develop the landscaping for the subject site in the manner set forth within the landscaping plans submitted as part of the record; however, no trees may be located over the existing sewer easement. Proper screening of the mechanical building must be completed. A minimum 20-foot-wide landscape setback shall be required beyond the right-of-way for 1-84. Landscaping within the parking lot shall be constructed as shown within the landscaping plan. 1.1.18 The applicant must ensure that adjacent residential properties and the traveling public are not impacted by glare, and shall submit a lighting plan to be approved by the City of Meridian Planning and Zoning Department. 1.1.19 Detailed signage plans shall be submitted by the applicant subject to design review by the Meridian Planning and Zoning Department. 1.1.20 The proposed utilities and lighting plans shall be submitted by the applicant. The Meridian Public Works Department shall review such plans as part of the site plan. 1.1.21 Five-foot-wide sidewalks must be provided along Overland Road. 1.1.22 A traffic study setting forth the impact at Overland Road/Highway 69 shall be submitted by the applicant. 1.1.23 Provisions for bicycle racks must be made within the development. 1 .1.24 Screened trash enclosures are required per City Ordinance. Coordinate location and construction requirements with Meridian Sanitary Service, Inc. 1.1.25 All building and parking lot construction must meet the requirements of the Americans with Disabilities Act. 1.1.26 The driveway shown on Overland Road within the plans submitted by the applicant shall be constructed to 30' and a deceleration lane shall be provided on Overland Road. ~ 1.1.27 The applicant shall provide to the Meridian Planning and Zoning Department detailed information regarding the water demands required by the project. The City of Meridian reserves the right to request that ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL.USE PERMIT REED J. BOWEN, JR. / ROARING SPRINGS - 4 ~ ~ a restrictive schedule would need to be followed for the time and rate of the initial fill and maintenance water volumes. . 1.1.28 No City water will be allowed for landscape irrigation. The existing pressurized irrigation system will need to be utilized for landscape purposes. 1.1.29 The existing services that were stubbed into the individual lots for Interstate Center along Overland Road need to be abandoned. Coordinate abandonment with the Public Works Department. 1.1.30 The private road and adjacent 10' public utility easement shown on the recorded plat must be vacated prior to issuance of the Certificate of Occupancy. 1.1.31 Detailed information on parking requirements for the project shall be submitted to the Meridian Planning and Zoning Department. 1.2 That the comments from the Nampa & Meridian Irrigation District submitted within their letter dated November 16, 1998, included as follows: 1.2.1 Nampa & Meridian Irrigation District's right-of-way on the Ten Mile Drain is 100'; 50' from the center each way. Any encroachments upon such right-of-way are to occur, approval must be obtained through a license agreement with the District. 1.3 That the comments submitted by the Central District Health Department within their comments dated November 18, 1998, be adopted as follows: 1.3.1 Any run-off from the project shall not create a mosquito breeding problem. 1.3.2 Plans shall be submitted to the Central District Health Department for plan review for any food establishment and swimming pools or spas. 1.3.3 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality in the manner described by the Idaho Central District Health Department. 1.4 That any and all conditions and recommendations from the Ada County Highway District as set forth within their final report to be submitted ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT REED J. BOWEN, JR. / ROARING SPRINGS - 5 5 subsequently hereto shall be complied with by the applicant. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of 911-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on December 15, 1998. . 0 r, City of Meridian Copy seNed upon Applicant, the Planning and Zoning Department and the Public Works Departme Dated: /2 msg\D:\MyFiles\Meridian City File\Findings2\ORDER OF CONDITIONAL APPROVAL\ORDER CONDITIONALLY APPROVING PRELIMINARY PLAT\BOWEN J. REED ROARING SPRINGS Order CUP.wpd ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT REED J. BOWEN, JR. / ROARING SPRINGS - 6 I~ ..-;. -l~' ~ JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. F. GIGRAY. III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A'. ROSSMAN :J;: R. STEPHEN RUTHERFORD % TERRENCE R. WHITE WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS 'AT LAW 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 NAMPA OFFICE ,; 104 NINTH AVENUE SOUTH POST OFFICE BOX i47 NAMPA. IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466-4405 March 4, 1999 , PLEASE REPLY TO MERIDIAN OFFICE-' William G. Berg, Jr. Meridian City Clerk 33 East Idaho Street Meridian, Idaho 83642 ',11'''''''' -F'-jj', RE: REED J. BOWEN, JR. / ROARING SP (CUP) Dear Will: Pursuant to City Council action of December 15, 1998, I have prepared the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS and the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT in the application of Reed J. Bowen, regarding Roaring Springs. The Order is now ready for the Mayor's signature and after the Mayor's signature has been secured, and the City Clerk's signature secured, the original should be retained by the City Clerk. Copies of the Findings of Fact and Conclusions of Law and Decision and Order Granting Conditional Use Permit Subject to Conditions and the Order of Conditional Approval of Conditional Use Permit should be served upon the Applicant, the Planning and Zoning Department and the Public Works Department, as designated by the City Clerk's signature. If you need further assistance by this office, please advise. Enclosure .~ msglD:\MyFiIes\Meridian City File\Roaring Springs\Clerk Itr FFCL Order CUP.wpd ~[ "