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HomeMy WebLinkAboutCondra Steeves Daycare Center CUP-04-029 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for a Conditional Use Permit for a Daycare Facility in a R-8 Zone for Conndra Steeves Daycare Center. Case No(s). CUP-04-029 For the City Council Hearing Dates of: October 5, 2004 and November 3, 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') ofthe 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. The matter was duly considered by the City Council at the October 5, 2004 and November 3,2004 public hearings. 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. b. c. Written and 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). The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 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. 3. Application and Property Facts a. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-029 - PAGE 1 of5 verified that the property owners of record at the time of issuance of these findings are Kelly J. Perry and Stephanie R. Perry. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibit D for the findings 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 II 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 from 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 signed 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 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 is hereby conditionally approved; and 2. The following modifications to site specific conditions were made at the November 3, 2004 City Council hearing: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-029 - PAGE 2 of5 a. Enrollment not to exceed 27 students for current term and not to exceed 25 students at re-enrollment and thereafter; b. Install 3 motion-activated lights in the rear yard (one above each window or door); c. Install and maintain landscaping that is consistent and compatible with the residential neighborhood as approved with the alternative compliance request. d. Per Meridian City Code § 11-17 -10, this Conditional Use Permit shall not run with the land, and no transfer of the Conditional Use Permit to new owners or occupants shall be granted without a petition to the City Council and a public hearing. 3. The site specific and standard conditions of approval are as shown in Exhibits C. D. Notice of Applicable Time Limits I. 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 final 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.) E. Notice of Final Action and Right to Regulatory Takings Analysis 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 final 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. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-04-029 - PAGE 3 of5 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 Approved Site Plan Exhibit B: Exhibit C: Modified Conditions of Approval Conditional Use Permit Findings Exhibit D: 2:J~ By action of the City Council at its regular meeting held on the~day of November, 2004. COUNCIL MEMBER CHRISTINE DONNELL VOTED~ VOTED~ COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMYdeWEERD (TIE BREAKER) VOTED Attest: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-029 - PAGE 4 of 5 Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: jo \ (). f'f\Jv.. uJ\"\-J City Clerk's Office Dated: \\ -30-04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-O4-029 - PAGE 5 of 5 EXHIBIT "A" Legal Description Condra Steeves Daycare (CUP-04-029) Legal Description for 1258 E. COUgar Drive Lot 13, Block 10fCougar Creek Subdivision, Filed in Book 66 of Plats at Page 6822 and 6823, Official Records of Ada County, Idaho. í \ r' ~i! eo; 3'" ~ '" !;!i~ i' >, ~¡¡~ ~...< ~n 2~~ i ¡ ~.m" ,æí' [~j" -~' "þ'- .~fi ,if tIt: ~ ~¡: ~L I fJ . ~; fii i I ,~ ~ I . , I ~ EXHIBIT "B" Approved Site Plan Condra Steeves Daycare (CUP-04-029) ">-' j iti " ,,!:¡... ~~~~ 8 P!.., ~¡~~ :::¡¡-6 ~~ 2: 0" N 1 "I + 1 AMES CONSMVCf;ON - "'., ..... '$IrE Á.AN ./~'~ Co." . E..",,>;:;.. " I :e, \'/'0'---------T~-"-"--~\ II , ,. "I i !I ' :1 1 i,- ~V ¡ , i ¡ ; :"> i ¡ i ¡ f~'~';~'; i ¡ i ¡ ! '"~;, ¡ ., ,'°06" ! '~", "1 i .¡ ì!~ i ~ _,"1 ~¡~ JI ~, '¡ "j ¡!' ¡ ¡§I ! : ',,- ! ~¡ II: 'j ! "-:..... '-,,:,~L""'" m,:';'~: -.rn;¡,: r"! : ' H """,ì~ì i ! : ;: ::~~:,.""t 11': ¡ " ! : .. L¡ ..., I.'" i: ,: / \Þ\. :r~~~;~~-~:;;~Î:'> ¡,i",L'~1~;.Ir;""i"¿Fi r"~iijl,h;..L~ i ."'--.._":2~ -,.:.. ,~__~L.'=:~::z¡J' i ".':'~' IWiT (.'OIJ<iAR CRBE/( DMI'E EXHIBIT "C" Conditions of Approval Condra Steeves Daycare (CUP-04-029) P&Z/PUBLIC WORKS CONDITIONS OF APPROVAL Site Specific Conditions of Approval I. The applicant shall work with the City of Meridian Planning and Zoning Department to obtain alternative compliance for landscape buffer requirements. 2. Enrollment shall not exceed 27 students for current term and shall not exceed 25 students at re-enrollment or thereafter. 3. The applicant shall install three (3) motion-activated lights in the rear yard (one above each window or door). 4. The applicant shall install and maintain landscaping that is consistent and compatible with the residential neighborhood as approved with the alternative compliance request. 5. Per Meridian City Code § 11-17-10, this Conditional Use Permit shall not run with the land, and no transfer of the Conditional Use Permit to new owners or occupants shall be granted without a petition to the City Council and a public hearing. Conditional Use Permit Standard Conditions of Approval I. Sanitary sewer and water service shall be from existing service lines on the property. 2. All exterior lighting, whether attached to the building or located within the parking area, 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 Ordinance 11-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 5. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. ACHD CONDITIONS OF APPROVAL Site Specific Conditions of Approval I. Comply with all Standard Conditions of Approval. Standard Conditions of Approval I. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction ofthe proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1- 10. 11. 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. CENTRAL DISTRICT HEALTH CONDITIONS OF APPROVAL 1. We will require plans to be submitted for a plan review for any child care center CITY OF MERIDIAN DEPARTMENT CONDITIONS OF APPROVAL Fire 1. 2. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. Intemational Fire Code Appendix D All Daycare's with seven or more children must pass an inspection using the criteria of the Idaho State Fire Marshall. Police 1. No comment Parks Department 1. No comment. SSC CONDITIONS OF APPROVAL 1. For the applicant's information, the proposed project shall be subject to commercial rates, not residential. EXHIBIT "D" Required Findings Condra Steeves Daycare (CUP-04-029) CONDITIONAL USE PERMIT FINDINGS The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Staff finds that the subject property, as depicted is large enough to accommodate the required parking, open spaces, and landscape buffers required by the ordinance for a daycare, as long as the buffers between land uses and the compact parking spaces are approved under alternative compliance. The applicant is requesting alternative compliance for the 20' required landscape buffer on the east and west sides of the subject property and requesting permission to allow two of the required parking spaces to be compact parking spaces inside the existing garage. Staff finds that the 15' front yard setback for the parking spaces is appropriate, based on the interpretation that the R-8 zone has a 15' front yard setback for living areas. See P&Z Site Specific Condition #1. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The Comprehensive Plan Land Use Map designates the property as "Medium Density Residential," and it is currently zoned R-8. Staff finds that the requested use is in compliance with the approved Future Land Use Map. Staff finds that if approved, the CUP complies with Meridian City Code. C. That the design, construction, operation, and maintenance will be compatible with other nses in the 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 proposed use will not change the existing or intended character of the general vicinity, and that the design, operation, and maintenance should be compatible with other uses in the neighborhood. Staff recommends that the Commission and Council reference any written or oral testimony provided at the D. E. F. G. H. public hearing, as well as staffs analysis, when determining if the proposed use will adversely change the character of the area. That the proposed nse, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed use will adversely affect adjacent properties. However, the Commission and Council should consider any testimony given at the public hearings before making this finding. That the proposed use will be served adequately by essential public facilities and services snch as highways, street, 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; Staff finds that the proposed development can be adequately served by the essential public facilities and services listed above. Police and fire comments are included in the agency comments section of the staff report. Sanitary Services Company (SSe) will provide refuse disposal services to the property. That the proposed use will not create excessive additional requirements at public cost for pnblic facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the proposed daycare facility will not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. 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, fnmes, glare or odors; Staff finds that while the proposed daycare facility will increase traffic and noise, no excessive smoke, fumes, glare or odors will result from the proposed use. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surronnding public streets; Staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets. The existing driveway will be used by the proposed daycare facility. I. That the proposed use will not resnlt in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. The property has already been developed as a single family residence and all existing trees will be retained.