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Roaring Springs Water Park CZC 99-017 `_ HUB OF TREASURE VALLEY Mayor A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 8s7-22 i 1 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 CERTIFICATE OF ZONING COMPLIANCE* Date: January 20,..1999 CZe-qq- ot~ Owner: Reed J Bowen, Jr Bowden Properties LLC Address: W. Overland Road Proposed Use: Roaring S~rin¢„s Water Park Zoning: Comments: Project shall meet all staff and agent conditions as approved by Meridian Citv Council in the Findin s of Fact and Conclusions of Law on 12/15/98 for a conditional use permit. This certificate is valid one for Phase I of development• encroachments of sewer and landscape easements shown on submitted plans are expressly_prohibited Handicapped parking and associated stnpu~ and si~na~e needs to be provided in accordance with the Americans with Disabilities Act. All si¢naae is subject to design review and requires separate permits Landscape elan not to be altered without prior written ~proval of the Planning & Zoning Department Sidewalks to be a minimum of five feet wide in all locations A Certificate of Occupancy is required prior to use of premises• vacation of private roadway and ad acent utility easements also must be complete prior to Certificate of Occupancy Cody of letter of ayproval from ACRD is to be submitted prior to obtaining buildui~ ermit. C`~~~ Shari Stiles Planning & Zoning Administrator *Receipt of a Certificate of Zoning Compliance does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, etc. This certificate shall expire one (1) year from the date of issuance if work has not begun. • ~ LIB 12-is- q8 ~~~ ~ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF REED J. BOWEN, JR., BOWDEN PROPERTIES, LLC, AN IDAHO LIMITED COMPANY, dba ROARING SP121NGS WATER PARK, THE APPLICATION FOR A CONDITIONAL USE PERMIT FOR A FAMILY WATER PARK, (18.41 ACRES), SOUTH OF I-84, WEST OF HIGHWAY 69, MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDATION TO CITY COUNCIL The above entitled conditional use permit application having come on for public hearing on December 8, 1998, on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law and Recommendation to City Council: 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 8, 1998, before the Planning and Zoning Commission, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 1 CONDITIONAL USE PERMIT -REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK 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 8, 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 full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and §11-2-416E and 418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property is located within the City of Meridian; that the general location of the property is South of I-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. 4. The application represents that it is being pursued by Bowden 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 Affidavit of legal interest executed by Winston H. Moore, and on file as a matter of record in this action and incorporated herein. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 CONDITIONAL USE PERMIT -REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK 5. Bowden Properties, LLC has filed a written request for a conditional use permit. 6. 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. 629-Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. 7. The subject property is currently zoned (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 (11). 8. 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 Zoning Commission indicated that the development will attract a maximum of 3,000 vehicle trips per day, will FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 3 CONDITIONAL USE PERMIT -REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK require one and a half million gallons of water for the initial fill, with sixty thousand gallons per day of required make up water. 9. The applicant and several consulting experts testified during the public hearing regarding the specific 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. 10. 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. 11. Central District Health Department, the Meridian City Police Department, the Nampa & Meridian Irrigation District, the Meridian Fire Department, and the Meridian Sewer Department submitted comments which are hereby incorporated herein. 12. A representative from the ACHD testified regarding various transportation related issues, however, a final report from the ACHD was not available or received by the Meridian Planning and Zoning Commission at the public hearing. 13. The uses proposed within the subject application will in fact constitute a conditional use as determined by City Policy. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 4 CONDITIONAL USE PERMIT -REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK • 14. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance. 15. 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. 16. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 17. 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. 18. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 19. 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. 20. Sufficient off-street parking for the property and the proposed uses of the property will be provided. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 5 CONDITIONAL USE PERMIT -REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK • 21. 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. §67-6503j. 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 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 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 Commission .has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 6 CONDITIONAL USE PERMIT -REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK i 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; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained 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; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewerorthat the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. 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; h. 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 i. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 7 CONDITIONAL USE PERMIT -REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK !~ i 5. Prior to granting a conditional use permit in an General Retail and Service Commercial zone (C-G), a public hearing shall be conducted with notice be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for conditional use permit all in accordance with the provisions of Section 11-2-418(e) City of Meridian Zoning and Development Ordinance. 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Section 2-418(f), City of Meridian Zoning and Development Ordinance.) 7. When the Commission 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;. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 8 CONDITIONAL USE PERMIT -REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK g. Require more restrictive standards than those generally required, in this Ordinance. 8. Having made the afore stated Findings of Fact and Conclusions of Law, the City of Meridian Planning and Zoning Commission hereby recommends approval of the proposed application for a conditional use permit for the uses set forth hereinabove with the following conditions: 8.1 That the following conditions requested by the City of Meridian Planning and Zoning Administrator and Assistant to City Engineerwithin their Memorandum dated December 7, 1998, as amended by the Planning and Zoning Commission be required as follows: 8.1.1 Any existing irrigation/drainage ditches crossing 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. 8.1.2 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. 8.1.3 Off-street parking shall be provided in accordance with Section 11-2- 414 ofthe City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 8.1.4 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. 8.1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 9 CONDITIONAL USE PERMIT -REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 8.1.6 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. 8.1.7 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. 8.1.8 Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-6066. 8.1.9 All construction shalt conform to the requirements of the Americans with Disabilities Act. 8.1.10 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. 8.1.11 The ten-inch irrigation line shown bisecting the property will need to be relocated. 8.1.12 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. 8.1.13 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. 8.1.14 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10 CONDITIONAL USE PERMIT -REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 8.1.15 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. 8.1.16 Applicant shall provide calculation of asphalt area of the parking lot to the Meridian Planning and Zoning Department. 8.1.17 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 I-84. Landscaping within the parking lot shall be constructed as shown within the landscaping plan. 8.1.18 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. 8.1.19 Detailed signage plans shall be submitted by the applicant subject to design review by the Meridian Planning and Zoning Department. 8.1.20 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. 8.1.21 Five-foot-wide sidewalks must be provided along Overland Road. 8.1.22 A traffic study setting forth the impact at Overland Road/Highway 69 shall be submitted by the applicant. 8.1.23 Provisions for bicycle racks must be made within the development. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 11 CONDITIONAL USE PERMIT -REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK 8.1.24 Screened trash enclosures are required per City Ordinance. Coordinate location and construction requirements with Meridian Sanitary Service, Inc. 8.1.25 All building and parking lot construction must meet the requirements of the Americans with Disabilities Act. 8.1.26 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. . 8.1.27 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. 8.1.28 No City water will be allowed for landscape irrigation. The existing pressurized irrigation system will need to be utilized for landscape purposes. 8.1.29 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. 8.1.30 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. 8.1.31 Detailed information on parking requirements for the project shall be submitted to the Meridian Planning and Zoning Department. 8.2 That the comments from the Nampa & Meridian Irrigation District submitted within their letter dated November 16, 1998, included as follows: 8.2.1 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. 8.3 That the comments submitted by the Central District Health Department within their comments dated November 18, 1998, be adopted as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 12 CONDITIONAL USE PERMIT -REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK 8.3.1 Any run-off from the project shall not create a mosquito breeding problem. 8.3.2 Plans shall be submitted to the Central District Health Department for ~' plan review for any food establishment and swimming pools or spas. 8.3.3 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. 8.4 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. 9. The conditions shall be reviewable by the Commission pursuant to Section 11-2-418(K) of the City of Meridian Planning and Zoning Ordinance. 10. 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. 11. It is hereby recommended by the Meridian Planning and Zoning Commission that should the applicant meet the afore stated conditions that the requested conditional use permit for the uses set forth hereinabove be granted by the Meridian City Council to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 13 CONDITIONAL USE PERMIT -REED J. BOWEN, JR. AND BOWEN PROPERTIES, LLC -- ROARING SPRINGS WATER PARK