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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