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HomeMy WebLinkAboutPrimary Colors Daycare CUP CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Primary Colors CUP Case No(s). CUP-04-027 For the City Council Hearing Date of: September 28, 2004 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. b. The matter was duly considered by the City Council at the September 28, 2004, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. Oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning' Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. d. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-027 - PAGE 1 of5 In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is A-A, LLC 4. Required Findings per Zoning and Subdivision Ordinance a. a. See Exhibit D for the [IDdings required for the application. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received ITom the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be sigued by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated August 14, 2004 as shown in Exhibit B and the Conditions of Approval in Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's CUP Site Plan as evidenced by having submitted the Site Plan dated August 14,2004 is hereby conditionally approved; and CITY OF MERIDIAN FINDINGS OF FACT. CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-027 - PAGE 2 of 5 2. The following modifications to site specific conditions were made at the City Council hearing: None. 3. The site specific and standard conditions of approval are as shown in Exhibit C. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the [mal plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction ofthe public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) Notice of Final Action and Right to Regulatory Takings Analysis E. 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the [mal decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-027 - PAGE 3 of 5 2. Please take notice that this is a final action ofthe governing body of the City of 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 approval 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. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Site Plan Exhibit C: Final Conditions of Approval Exhibit D: Conditional Use Permit Findings By action of the City Council at its regular meeting held on the Oc:To~ , 2004. /2t! day of COUNCILMAN SHAUN WARDLE VOTED~ CðU!,CILMAH 13lLL j~AK r VO'fED- COUNCILMAN KEITH BIRD VOTED~ VOTED~ COUNCILMAN CHARLIE ROUNTREE MAYOR TAMMY de WEERD (TIE BREAKER) VOTED----==- Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: .:Þ~~~ City Clerk's Office Dated: 10-25-04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-027 - PAGE 5 of 5 EXHmIT A Legal Description '" [ð Cy; ~ It? /fA ( TEA LEY'S LAND SURVEYING - '" .. 2501 Bogus Basin Rd. . Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 - Project No.: 2541 Date: February 24, 2003 DESCRIPTION OF PARCEL 1 IN PROPOSED SILVERSTONE EAST SUBDIVISION FOR THE SUNDANCE COMPANY A parcel of land being a portion of the East 1/2 of the NW 1/4 of Section 21, T.3N., R.1E., 8.M. as shown on Record of Survey No. 5136 on file in the Office of the Ada County Recorder, Idaho and more particularly described as follows: BEGINNING at a brass cap marking the North 1/4 corner of said Section 21; thence along the North-South centerline of said Section 21 South 00'11'43" West1W9.05 feet to an iron pin m'arking the Northeast corner of the parcel of land described il] Instrument No. 100029927 in said Office of the Ada Coúnty Recorder; thence along the boundary of said parcel of land North 71 '05'47" West 316. 75 feet to an iron pin; thence continuing South 56'21~27" West 104.33 feet to an iron pin; thence continuing South 00'01'30" West 281.98 feet to an iron pin; thence continuing South 80'31'23" East 390.95 feet to an iron pin on said North-South centerline of Section 21; thence leaving said boundary along said North-South centerline of Section 21 . South 00°11'43" West 1546.61 feet to an iron pin marking the Center 1/4 corner of said Section 21; thence along the East~West centerline of said Section 21 North 89'07'33" West 1333.76 feet to an iron pin marking the Southwest corner of Sàid East 1/2 of !h~ N\/I! 1/4 of Section 21; thence along the West line of said East 1/2 oflhe NW 1/4 of Section 21 North 00'13'16" East 1990.91 feet to the Southwest comer of the NW 1/4 of the NE 1/4 of the NW 1/4 of said Section 21; thence along the Seuth line of said NW 1/4'of the NE 1/4 of the NW 1/4 South 89'12'38" East 666.42 feet to the Southeast corner of said NW 1/4 of the NE 1/4 of the NW 1/4; thence along the East line of said NW 1/4 oflhe NE 1/4 of the NW 1/4 , North 00'12'29" East 663.97 feet to the Northeast corner of said NW 1/4 of the NE 1/4 of the NW 1/4; thence along the North line of said Section 21 South 89'14'20" East 666.27 feet to the POINT OF BEGINNING; Sold Parcol ContaIns 68.24 Acres, more or less. Tax Parcel Sl121212485 2541-1-Less-10Ac-desc.doc - dnm EXHIBIT B Approved Site Plan , , ;j!¡!¡:¡¡¡¡j¡J!¡:¡~d! ¡ ~!¡¡!!¡~;;¡!~!!!;UL!¡I¡~ """,._J",..lId,"~""" "U¡¡¡!R!SI,'I1.!!"",¡",!~ . I Ut~j 1111" 1 ,: I " "¡W'n T II il'rf~.*.""'J.~.".i:I'\l\""""'H' . "'~~,~,_n__n ~¡'-~:::~:;.~/{?dÏ:: / J ~n---" , "-.'>-',-,'~7~" ~ - i; i\~\FØi%:/: / ;~1 I'J,+,,--I,,---~ " , ,I I' ,I'/f ,IJ " ii Ii "j""":J"! ,. I, :: I' '",",", !i i i i: :, " I: I'" -:1 I : I 1"1,"1 '~" " .' II'; , ¡, ! t--iji---it"i I: ! I ~ ~I¡ it!.:' " :' °1' "'M ¡, ! ¡ ~I¡ i i .JH! ~iL!J _~ll " 1,'1;;' Iii! " " , i:'~.i " " ',I ~; ':11 " I:' { : i,'" I I ::. , ': ~ i 1..,4--- +t _,' I ::/ :: ;~i : i I I!.! .i ----,--,+,-t:'---~'I!n., ,1, i ¡, ¡!iit: ~:~~I~J~~ :'.: W ~ "'ff '1/Î! / ", "I ,: i n:¡: it: I' -"",j U ':/;1 : i [;; <:; ¡ ':;: ¡"I "'~ ~!¡i c" E.. "':3 ;~!~ !¡~~' ~'" ""','~ "g ~;!~ ~ 'i! ~ 'Ey-~:b;-t B "~,"ä (w~ "'" "W,...,., "~"r_=.,,, ..,-,_,......_m- '1.H;1'1"'.V tI..".ftT --..-----.--- - -- 0- :: 1\; ~ i~¡ r" ~}!\ P:\LClVIL\CO..OS5\d'O\CO.S..5_BS.dwg. CIVIC 'O/S/'O.' .""'5. 'M. "n",.'. E"glnN'" In" .. RIO"" .~"'.. EXHIBITC Conditions of Approval SITE SPECIFIC CONDITIONS (Conditional Use Permit) 1. All conditions of the previously approved Annexation/Zoning, Development Agreement, Silverstone Business Campus Subdivision, and the Preliminary Plat for Silverstone Business Campus Subdivision shall also be considered conditions of this Conditional Use Permit (CUP-04-027). 2. No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building structure or land be established or change in use on this site without first obtaining a certificate of zoning compliance (CZC) ftom the Meridian Planning and Zoning Department. 3. The Applicant shall coordinate the location and design of trash dumpsters with Sanitary Services Company (SSC) staff. Trash enclosures must be built in the location and to the size approved by SSC. All dumpster(s) must be screened in accordance with MCC 11- 12-I.C. 4. All signage shall be in accordance with the standards set forth in MCC 11-14. All signs will require a separate sign permit in compliance with the sign ordinance. Unless otherwise approved, no temporary siguage, flags, banners or flashing sigus will be permitted. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (000. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 6. Sanitary sewer and water service shall be ftom existing service lines on the property. Assessment fees for sewer and water will be calculated and paid at the time of building permit issuance. 7. Underground year-round pressurized irrigation must be provided (ftom an existing system) to all landscape areas on this site. 8. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 1O0-year storm event. 9. All exterior lighting shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with MCC 11-13-4C. 10. All development shall comply with the Americans with Disabilities Act (ADA.) 11. Prior to obtaining certificate(s) of occupancy, all development improvements, including perimeter fencing, irrigation, and landscaping, unless otherwise noted in this report, shall be installed. Prior to signature of the final plat by the City Engineer, a letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, amenities, sanitary sewer, water, etc. 12. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/preliminary plat/conditional use does not relieve the Applicant of responsibility for compliance. 13. The subject conditional use permit may be revoked or modified by the City Council, upon notice and hearing, for breach or violation of any condition of approval or limitation of the permit (MCC 11-17-11). 14. This conditional use permit shall be subject 10 the expiration provisions set forth in MCC 11-17-4.B. B. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location, e. Fire Hydrants shall be placed on corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 2. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 3. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 4. Provide a 20' wide Fire Lane for all internal & external roadways. 5. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 6. Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed an average of300' apart. 7. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome ona request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles ITom a given location and sufficient operational funds to staff the facilities. 8. Maintain a separation of 5' ITom the building to the dumpster enclosure. 9. Provide a Knoxbox entry system for the complex. 10. All portions of the buildings located on this project must be within 150' of a paved surface. 11. Three- point turn is needed at end of parking lot. 12. Site must pass criteria of State Fire Marshall for day care center. c. Adopt the Recommendations of Central District Health Department as follows: 1. Central District Health will require plans to be submitted for any child care center. D. Adopt the Recommendation ofNampa & Meridian Irrigation District as follows: 1. Applicant shall apply for a land use change application prior to final platting. 2, All laterals and waste ways must be protected. 3. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 4. The Developer must comply with Idaho Code 31-3805. 5. NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. EXHIBIT D Findings for CUP A. That the site is large enough to accommodate the proposed use and aU yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Staff finds that the subject property is llIIge enough to accommodate the requested use and all required features. Required parking is based on the standards for a day care center outlined in the Meridian City Code. One parking spot is required for every ten children plus one space per staff member (MCC 11,13). The proposed site plan shows parking for thirty-seven vehicles, Based on the approval for 150 children and fifteen staff members, thirty parking spaces are required for the proposed day care center. All required landscaping is depicted on the site plan / landscaping plan. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the reqnirements of this Ordinance; The Comprehensive Plan Land Use Map designates the property as "Mixed, Use RegionaL" Mixed Use- RegiOtUlI areas will provide a full range of commercial, retail and residential uses, Sample uses include: residential densities of 3 to 40 dwelling units per acre, grocery stores, drug stores, coffee shops, salons, daycares, professional offices, me<lical offices, garden centers, restaurants, banks, drive-thru facilities, service stations, department stores, entertainment uses, major employment centers, etc. Staff finds that the proposed day care center is harmonious with the 2002 Comprehensive Plan and Future Land Use Map. If the applicant complies with the conditions outlined in this report, the proposed development will meet the requirements of Titles II and 12 of Meridian City Code. C. That the design, construction, operation, and maintenance will be compatible with other uses in tbe general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds that the design, construction, operation and maintenance of the proposed day care center will be compatible with other uses in the Silverstone Business Campus Subdivision and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Staff recommends that the Commission and CoWlcil rely upon public testimony, staffs analysis, and other agency comments when detennining if the proposed CUP is compatible with other uses in the neighborhood and if the use will adversely change the existing and intended character of the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff frods that the proposed use will not adversely impact other property in the vicinity. The proposed day care center will be compatible with future CoG uses located in Silverstone Business Campus. The CoWlcil and Commission should rely upon public testimony to detennine if the development will adversely affect the other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and frre protection, drainage structures, refuse dispo~al, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Staff finds that the proposed development will be adequately served by the essential public facilities and services listed above, if improvements are made by the applicant in accordance with existing policies, ordinances and the international building and fire codes. F. That the proposed use 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 commuuity; Stafffmds that the proposed improvements would not be detrimental to the economic welfare of the community, nor would the development create the need for any new facilities or services to be paid for by the public. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed use will not involve activities or processes, materials, equipment and' conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The proposed day care center should have a minimal impact on surrounding CoG uses, H. That the proposed use will have vehicular approaches to the property which shall be so desigued as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets, if street and parking improvements are designed in confonnance with ACHD requirements. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to, be of major importance. Staff does not fmd that any natural or sceuic feature will be lost, damaged or destroyed by issuance of this conditional use.