Meridian AcademyWILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
January 30, 1996
Leatham & Krohn Architects
1735 Federal Way
Boise, Id 83705
Attn: Steve Olive
Re: Preliminary Drawings for y School
Dear Mr. Olive,
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M.ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
TIM HEPPER
JIM SHEARER
GREG OSLUND
MALCOLM MACCOY
City of Meridian Planning and Zoning has reviewed the preliminary
drawings of Meridian Academy School. We have the following
comments:
1. Of the 139 parking spaces provided, at least 5 should be
handicap accessible parking spaces and one of the five should
have an adjacent 8' access aisle. All handicap parking
should be properly designated with striping and signage.
2. Total square footage of asphalt should be shown with one 3"
caliper tree for every 1500 square feet of asphalt.
3. All parking spaces should be 9'x 19' with a 25' wide driveway
aisle.
4. Enclose trash receptacle(s) should be designated.
5. Handrails and insulation shall be provided in restrooms per
ADA requirements.
6. Designate handicap access ramps from parking areas.
Thank you for the opportunity to do this preliminary review this
facility. Please call if we can be of any further assistance.
Sincerely,
Jim Rabbitt
Code Enforcement Officer
CITY OF MERIDIAN
MERIDIAN ACADEMY MULTI-USE BUILDING
1. Square footage of all buildings is approx. 34,488. Using definition of community
center (1 parking space for every 300 sq. ft.), 115 parking spaces are called for. 139
total parking spaces are provided.
2. Of the 139 parking spaces provided, at least 5 should be H.C. spaces and one of the five
should have an adjacent 8' access aisle. All H.C. spaces should be properly designated
with striping and signage.
3. Total square footage of asphalt should be shown with one 3" caliper tree for every 1500
sq. ft. of asphalt.
4. All parking spaces should be 9' X 19' with a 25' driveway aisle.
5. Enclosed trash receptacle should be designated.
6. Handrails and insulation shall be provided in restrooms per ADA requirements.
7. Designate H.C. access ramp from parking area.
f10T)•
~, pw~"`1
~~~
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
JOINT SCHOOL DISTRICT N0.2
CONDITIONAL USE PERMIT
LANARK STREET
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
April 14, 1992, at the hour of 7:30 o'clock p.m., the Petitioner
appearing through Chuck Liehe, the Planning and Zoning Commission
of the City of Meridian having duly considered the evidence and
the matter makes the following Findings of Fact and Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional
AMBROSE,
FITZGERALD
SCROOKSTON
Attorneys and
Counsslora
P.O. Box 427
Meridian, Idaho
a3s4z
Telephone Bt38.4481
Use Permit was published for two (2) consecutive weeks prior to
the said public hearing scheduled for April 14, 1992, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the April 14, 1992,
hearing; that the public was given full opportunity to express
comments and submit evidence; and that copies of all notices were
available to newspaper, radio and television stations;
2. That this property is located within the City of
Meridian and the Applicant owns the property; the property is
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 1
1
described in the .application which description is incorporated
herein.
3. That the property is zoned Industrial, which requires
a conditional use permit for the operation of a private school
which the application requests; the Applicant proposes to operate
the Meridian Academy at the location which is school for student
that have dropped out of public school and are beyond the age of
mandatory school requirement but yet the students desire to return
to continue their education; enrollment is limited and not all
students are accepted.
4. That the Industrial District is described in the Zoning
Ordinance, 11-2-408 B. 12. as follows:
(I-L) Light Industrial: The purpose of the (I-L) District is
to proviTlc~or fight-in3ustrial development and opportunities
for employment of Meridian citizens and area residents and
reduce the need to commute to neighboring cities; to
encourage the development of manufacturing and wholesale
establishments which are clean, quiet, and free of hazardous
or objectionable elements, such as noise, odor, dust, smoke
or glare and that are operated entirely or almost entirely
within enclosed structures; to delineate areas best suited
for industrial development because of location, topography,
existing facilities and relationship to other land uses.
This district must also be in such proximity to insure
connection to the Municipal Water and Sewer systems of the
City of Meridian. Uses incompatible with light industry are
not permitted, and strip development is prohibited.
5. That the use proposed by Applicant is not a specific
AMBROSE,
FITZGERALO
BCROOKSTON
Attorneys and
Couneelorp
P.O. l3ox 427
Merldlen, Idsho
133842
TsleDhone 888.1181
allowed use in the Zoning Schedule of Use Control, 11-2-409;
however 11-2-407 D. 1. provides as follows:
"When a use is not specifically listed as a permitted use,
such use shall be hereby expressly prohibited unless by
application and authorization (as provided for under
Conditional Use) it is determined that said use is similar
to an compatible with listed permitted uses. Such uses may
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 2
then be permitted as Conditional uses.an allowed conditional
use in the R-4 district pursuant to 11-2-409 B.
AMBROSE,
FITZGERALD
3 CROOKSTON
Attorneys and
Counselors
P.O. Box 127
MerlOlan, Idano
83842
Telepnone 8884161
6. Private schools are allowed as a conditional use in the
Irl~tlustrial Zone; that while the school proposed to operated by the
Applicant is in fact operated by Joint School District No. 2, a
public school district, the school proposed to be operated is the
Meridian Academy which is not in the nature of a public school
because of the reason stated above.
7. Other property in the area is generally used for
industry and commercial uses; that there are no nearby residences
where the school will be located.
8. That proper notice has been given as required by law and
all procedures before the Planning and Zoning Commission have been
given and followed.
9. That sewer and water is available to the property.
10. That the City Engineer, Meridian Fire Department, Sewer
Department, Nampa & Meridian Irrigation District, and Central
District Health Department have submitted corments and they are
incorporated herein as if set forth in full herein.
11. That the Ada County Highway District (ACRD) has not
submitted comments but they may and they shall be incorporated
herein as if set forth in full herein.
12. That there. was an owner of property in the area that
submitted a letter question a school going into the area and
requesting that a boundary fence be repaired; there also was one
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 3
property owner in the area appeared at the hearing voicing his
disapproval of the Application.
AMBROSE,
FITZGERALD
5 CROOKSTON
Attomeya and
Counselor
P.O. Box 427
Msrldlan, Idaho
83842
Tslsphone888d181
CONCLUSIONS
1. That all the procedural requirements of the local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant
to 11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian;
3. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of
the Revised and Compiled Ordinances of the City of Meridian,
Idaho;
4. That 11-2-418(C) of the Revised and Compiled Ordinances
of the City of Meridian sets forth the standards under which the
Planning and Zoning Commission and the City Council shall review
applications for Conditional Use Permits; that upon a review of
those requirements and a review of the facts presented and the
conditions of the area, the Planning and Zoning Commission
concludes as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 4
a. The use, would in fact, constitute a
conditional use and a conditional use permit
is required by ordinance.
b. The use should be harmonious with and in
accordance with the Comprehensive Plan but
the Zoning Ordinance requires a conditional
use permit to allow the use.
c. The use apparently would be designed-and
constructed, to be harmonious in appearance
with the intended character of the genera l
vicinity.
d. That the use would not be hazardous nor
should it be disturbing to existing or future
neighboring uses.
e. The property has sewer and water service
available.
f. The use would not create excessive
additional requirements at public cost for
public facilities and services and the use
would not be detrimental to the economic
welfare of the community.
g. The use would not involve a use,
activity, process, material, equipment or
conditions of operation that would be
detrimental to person, property or the
general welfare by reason of excessive
production of traffic or noise.
h. That sufficient parking for the property
and the proposed use will be required.
i. The development and uses will not result
in the destruction, loss or damage of a
natural or scenic feature of major
importance.
5. That the comments of the City Engineer must be met and
AMBROSE,
FITZGERALD
S CROOKSTON
Attorneys and
Counselors
P.O. t3ox 427
Meridian, Idaho
83842
Telephone 8884481
complied with, particularly the extension of sewer and water
through the property for further extension to the east.
6. The requirements of the Ada County Highway District, if
submitted prior to City Council action, must be met; that the
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 5
requirements of the Nampa & Meridian Irrigation District shall be
met.
7. That all ordinances of the City of Meridian must be met,
including but not limited to, the Uniform Building Code, Uniform
Fire Code, Uniform Plumbing Code, the Fire and Life Safety Code,
and all parking and landscaping requirements.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER
COMMISSIONER
COMMISSIONER
COMMISSIONER
CHAIRMAN JOH
HEPPER VOTED
ROUNTREE VOTED
SHEARER VOTED_ I~YL~`
ALIDJANI VOTED_ ~r~~-
NSON (TIE BREAKER) VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
AMBROSE,
FITZGERALD
b CROOKSTON
Attomsye and
Couneelon
P.O. Box 427
MsAdian, Idaho
83842
Telephone 8881461
to the City Council of the City of Meridian that they approve the
Conditional Use Permit requested by the Applicant for the property
described in the application with the conditions set forth in the
Findings of Fact and Conclusions of Law.
MOTION:
APPROUED:~~'~~ DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 5
SUPERINTENDENT
Bob L. Haley
Mav 7, 1996
Ms. Shari Stiles
Meridian City Planning and Zoning
33 East Idaho Street
Meridian, ID 83642
Re: Multi-Use Building - Meridian Academy
Future Planting at Sloped Area at South Side of Building
Dear Ms. Stiles:
We understand there is some concern regarding possible erosion of
the sloped area behind the new Multi-Use Building. We have given
this matter a great deal of consideration and we feel it would be
best to plant this area with Fescue Grass. However, given the
time of the season it would not be in our best interest to plant
the area now. We feel it would be best to seed the area in the
fall to insure proper growth.
We hope this decision to plant the sloped area will resolve any
concern you may have regarding possible future erosion and the
appearance of the property.
Respectfully, ~~
~~/L{ ~~ ~~~=Cis-`-c
Chuck Liehe
Administrator of Operations
BOARD OF TRUSTEES
Larry Andrews • Wally Hedrick • Holly Houfburg • Jim Keller • Steve Mann
Gregory A. Marsters
2540 E. Franklin Rd.
Meridian, ID 83642
May 14, 199b
Mr. Jun Carberry
Meridian School District No. 2
Administrative Offices
911 N. Meridian Road
Meridian, ID 83642
RE: Meridian Alternative School
Deaz Mr. Cazberry,
I have owned the property at 2540 E. Franklin Road, Meridian, Idaho, 83642 since 1990.
Since that time I have enjoyed the country-like setting of the azea. Over that time I have
spent substantial sums of money to improve my property. I am now finally completing
improvements on the outside of the property after years of making improvements on the
inside. Your activities on the adjoining property have given me cause for great concern.
In 1992, I noticed changes in the school land and contacted Dan Mabe. I was told that the
portable classrooms had been placed there on a temporary basis to house the alternative
school. At that time, I received no official notice of any formal action by the school
district to move the portable classrooms. Since Mr. Mabe advised me that this was a
temporary situation, I took him at his word.
This past year when I noticed additional activity on the property, I began to doubt Mr.
Mabe's representations to me. There was a large amount of dirt being moved on the
property. In fact, one Saturday night workers continued work until 11:OOp.m. The school
district has stored a stock pile of dirt immediately adjacent to my property. I do not like
the manner in which the school has stored the dirt or how I have been treated in that
regazd.
When I inquired into the school district's intentions, no one would give me a direct
answer. Therefore, I have conducted my own reseazch and found that the school property
is within the city limits of IV~eridian and I am within the couYrty. I also learned that the
school district received a conditional use permit in 1992 to temporarily locate the portable
classrooms and run an ahernative school. I never received any notice of this conditional
use permit. Without any notice, I now understand that the school intends to build a
substantial structure on the property. The forms are set to pour a foundation for a
building that will eventually block my view and devalue my property.
I have researched the facts and believe my constitutional rights were violated when I was
never notified of the hearings regarding the school district's conditional use permit.
Further, it appears that the only basis on which the alternative school is allowed is based
on representations that were made to Meridian City Council that the school is a private
school. My research indicates that the land is owned by the Meridian School District, also
known as School District #2. The studems who attend the school do not pay tuition. This
appears to be a public school with enrollment limited to those who cannot attend the
regular public schools. Since the School District is obligated by law to provide education,
it is not a private school but a public school. I believe there is a sound bates to challenge
the conditional use permit that was granted to the School District.
As a result of the activities of the school district, I have been damaged. While I do not
want to get into a big dispute, I do want to be compensated. I would be willing to sell my
house and land at fair market value to the School District. There is a nice house with a
basement as well as a shop that has all of the necessary equipment for a ceramic business.
Based on the pub&c announcements of the School District, I assume the School District
does not have money in the budget to acquire the property. However, this would be my
first choice. If you cannot purchase my property, then I need to have a buffer zone
between the school property and mine and I need the right to restrict and prohibit certain
uses on the school property west of mine.
After you have had a chance to consider the matters in this letter; I would be happy to
meet with you at my property so you can see what I am talking about and hopefully we
can resolve these issues.
Very truly yours,
Greg Marsters