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HomeMy WebLinkAboutDreamland Education CUP 01-042BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF MONVAND ENTERPRISES, LLC, FOR A CONDITIONAL USE PERMIT FORA 120 CHILD/CHILD CARE CENTER IN AN L-O ZONE, LOCATED WITHIN THE STOIrd~SBERRY SUBDIVISION, ON THE WEST SIDE OF EAGLE ROAD APPROXIMATELY V2 MILE NORTH OF FAIRVIEW AVENUE, MERIDIAN, IDAHO C/C 03-05-02 Case No. CUP-01-042 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council on March 5, 2002, and Shari Stiles, Planning and Zoning Administrator, and Larry IC._nopp, appeared and testified, and no one appearing in opposition, and the City Council having received the staff report and the record made before the Plmming and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES; LLC / DREAMLAND EDUCATION CENTER (CUP-01-042) 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 said public hearing scheduled for March 5, 2002, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearings 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 City Council at the said March 5, 2002, 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 and 67-6512; 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER (CUP-O1-042) 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located within the Stokesberry Subdivision, on the west side of Eagle Road approximately % mile north of Fairview Avneue, Meridian, Idaho. 5. The owner of record of the subject property is Monvand Enterprises, LLC of Meridian, Idaho. 6. Applicant is owner of record. 7. The subject property is currently zoned L-O. The zoning district of L-O is defined within the City of Meridian Zoning and Development Ordinance, Section I 1-7-2. 8. The proposed application requests a conditional use permit for development of a Child Care Center for 120 children. The L-O zoning designation within the City of Meridian Zoning and Development Ordinance reqnires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER (CUP-01-042) 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. That the Applicant/Owner, Monvand Enterprises, LLC, is granted a conditional use permit for development of a Child Care Center for 120 children, located within the Stokesberry Subdivision, on the west side of Eagle Road approximately ~72 mile north of Fairvie~v Avenue, Meridian, Idaho. The requested conditional use is described in the Transmittal sheet which is on file in the Meridian City Clerk's office, for the development of the aforementioned project, and said property description is on file in the Meridian City Clerk's office. 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER (CUP-01-042) 4 providing services to the subject real property within the planning iurisdiction of the City of Meridian, said Conditions shall be required as follows: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Sanitary sewer and water to this facility shall be via existing service lines adjacent to the property that was installed for Lot 8. If the lot line adjustment is approved, the new Lot 7 (north half) shall not have any sanitary sewer and water serxdces, as those intended for Lot 7 shall be inside the Dreamland parcel. Provisions shall be made within the Dreamland design to allow access for the north remainder parcel to the sanitary sewer and water services intended for Lot 7. Parking: Daycare centers are required under the Off-Street Parking Ordinance (11- 13) to provide one (1) space for every ten (10) children, plus one (1) space per staff member. At the proposed number of 120 children and 9 staff members, a minimum of 21 off-street parking stalls shall be required (assuming 12 for children and 9 for staff - however, the number of staff could increase, depending on the ages of children at the center), the applicant has provided 23 spaces. All stalls shall be striped and improved in accordance with city ordinances. A cross access easement shall be recorded for the common driveway/parMng area. A lot line adjustment shall be approved by the City and recorded at the Recorder's Office prior to the issuance of a building permit for this project. A Certificate of Occupancy (C.O.) for the childcare center is required prior to operation. This C.O. shall be signed by representatives of the Fire Department, Building Department and Planning & Zoning Department. A six-foot tall, non-sight obscuring fence, with a lockable gate, shall be required around the entire perimeter of the children's play area. Applicant shall obtain and continuously maintain a child-care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. Provide copy of license to the City of Meridian at the time of P&Z Department's FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER (CUP-Ol-042) 10. 11. 12. 13. 14. C.O. inspection. The operator's license shall be on-site for City inspection at all times. Violation of any of the above conditions shall be cause to revoke a certificate of occupancy for a Childcare Center. The conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Off-street parldng shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. Paving and striping shall be in accordance with the standards set forth in Sections I 1-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by an architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site within each lot. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11- 13-4.C. All outdoor trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. Ail construction shall conform to the reqtfirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER (CUP-O 1-042) 6 15. In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary, source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. 16. If the start of construction has not been initiated within 18 months from the approval of the Conditional Use Permit the permit shall be voided by the City. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The facility shall comply with State Fire Marshal's standards for family day care facility and shall be inspected by the Fire Department using this standard. 2. The address shall be posted in 6" numbers on the front of the building. Adopt the Recommendations of the ACHD as follows: Dedicate 33-feet of right-of-way for the new collector road along the south property line of the site abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Comply with requirements of lTD for State Highway 55 (Eagle Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. The Eagle Road Access Study identified that the new east-~vest collector street located 2640-feet north of Fairview Avenue will be restricted to right-in/right- out operation as traffic volumes on Eagle Road increased. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER (CUP.01-042) As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Construct a 5-foot wide concrete sidewalk on new the east/west collector street abutting the parcel prior to District approval of a final plat. The sidewalk shall be located two feet within the new right-of-way of the collector road. Coordinate the location and elevation of the sidewalk with District staff. Construct the new commercial street as a 40-foot street sections with curb gutter, and 5-foot wide concrete sidewalks within 58-feet of right-of-way, located as proposed 320-feet. Locate driveways off the new commercial street a minimum of 50-feet north of the collector roadway. Construct the driveways as 24 to 30-foot wide curb cuts and paved their full width to a point 30-feet beyond the edge of pave~nent of the commercial street. Construct an ACHD approved turnaround with a 45-foot radius at the north end of the new north-south street. Submit a design of the turnaround for review and approval by District staff. 10. No access points to Eagle Road have been proposed and none are approved with this application. 11. No access points to the new east-west street have been proposed and none are approved with this application. 12. Additionally, comply with the ACHD's Standard Requirements, and listed in their memo dated December 20, 2001. Adopt the Recommendations of the Sanitary Service as follows: The enclosure for waste service shall be 10' for inside the gate post for clearance and a 60' clearance for the drive shall be required. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER (CUP-01-042) 1. All storm drainage shall be retained on site, if any storm drainage leaves the site a Land Use Change application shall be required by the Nampa & Meridian Irrigation District. 13. The proposed use 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. 14. The uses proposed within the subject application will be subject to the conditions set forth in Finding of Fact No. 12 and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity; it is found that the subject property is large enough to accommodate the requested use and all other required features, if a lot line adjustment is recorded prior to start of construction. 15. The use proposed and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; it is found that the current Comprehensive Plan Land Use Map designates the property as "Single Family Residential", however, ~vhen the property was annexed it was designated as L-O, and this designation was found to be harmonious with the Comprehensive Plan. The proposed use is considered a permitted use (MCC Tide 1 I-8-1), but this project must be approved as a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRiSES, LLC / DREAMLAND EDUCATION CENTER (CUP-01-042) 9 conditional use permit in order to comply with a condition of the Development Agreement that governs the property. 16. That the design, construction, operation, and maintenance will be compatible with other uses 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; it is found that the proposed development will not change the essential character of the general vicinity and will be harmonious with the intended character of the same area. It is also found that the design of the building is in compliance with the previously approved CUP require~nents. 17. That the proposed use will be served adequately by essential public facilities and services such 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; it is found that the proposed development will be adequately served by the essential public facilities and services listed above. 18. 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 community; it is found that the proposed use would not be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER (CUP-Ol-042) IO 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. 19. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operations that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; it is found that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. 20. 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 surrounding public streets; it is found that the proposed use will not create significant interference with any traffic on the surrounding public streets. 21. 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, it is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. 22. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. CONCLUSIONS OF LAW FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER (CUP-01-042 ) 11 Idaho Code § 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (c) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1 ) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and natnre of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service deliveEf by any political subdivision, including school districts, providing services within the planning jurisdiction. The City of Meridian has exercised its authority to provide for the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER (CUP-01-042) 12 processing of applications for Conditional Use Permits by the enactment of Meridian City Code § 11-17. 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the Applicant/Owner, Monvand Enterprises, LLC of the property, is granted a conditional use permit for development of a Child Care Center for 120 children, located within Stokesberry Subdivision, on the west side of Eagle Road approximately V2 mile north of Fairview Avenue, Meridian, Idaho. The requested conditional use is described in the Transmittal sheet which is on file in the Meridian City Clerk's office, for the development of the aforementioned project, and said property description is on file in the Meridian City Clerk's office. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER (CUP-01-042) 13 2. The applicant is granted a conditional use permit for and subject to the following terms and conditions: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 1. Sanitary sewer and water to this fadlity shall be via existing service lines adjacent to the property that was installed for Lot 8. If the lot line adjustment is approved, the new Lot 7 (north half) shall not have any sanitary sewer and water services, as those intended for Lot 7 shall be inside the Dreamland parcel. Provisions shall be made within the Dreamland design to allow access for the north remainder parcel to the sanitary sewer and water services intended for Lot 7. 2. ParMng: Daycare centers are required under the Off-Street Parldng Ordinance (11- 13) to provide one (1) space for every ten (10) children, plus one (1) space per staff member. At the proposed number of 120 children and 9 staff members, a minimum of 21 off-street parking stalls shall be required (assuming 12 for children and 9 for staff- however, the number of staff could increase, depending on the ages of children at the center), the applicant has provided 23 spaces. All stalls shall be striped and improved in accordance with city ordinances. A cross access easement shall be recorded for the common driveway/parking area. 3. A lot line adjustment shall be approved by the City and recorded at the Recorder's Office prior to the issuance of a building permit for this project. 4. A Certificate of Occupancy (C.O.) for the childcare center is required prior to operation. This C.O. shall be signed by representatives of the Fire Department, Building Department and Planning & Zoning Department. 5. A six-foot tall, non-sight obscuring fence, with a lockable gate, shall be required around the entire perimeter of the children's play area. 6. Applicant shall obtain and continuously nmintaln a child-care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. Provide copy of license to the City of Meridian at the time of P&Z Department's C.O. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER (CUP-Ol-042) 14 inspection. The operator's license shall be on-site for City inspection at all times. 7. Violation of any of the above conditions shall be cause to revoke a certificate of occupancy for a Childcare Center. The conditional use permit shall be subject to review upon ten (10) days notice to the applicant. 8. Off-street parldng shall be provided in accordance with Section 1 1-13-5 of the City of Meridian Zoning and Development Ordinance. 9. Paving and striping shall be in accordance with the standards set forth in Sections 1 1-13-4.D. and 1 1-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 10.A drainage plan designed by an architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-I-91) for all off-street parMng areas. All site drainage shall be contained and disposed of on-site within each lot. 1 1.Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section i 1- 13-4.C. 12.321 outdoor trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 1 1-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. 13.321 signage shall be in accordance with the standards set forth in Section 1 1-14 of the City Zoning and Development Ordinance. 14.321 construction shall conform to the requirements of the Americans with Disabilities Act. 15.In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER (CUP-O 1-042) 15 hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. 16.If the start of construction has not been initiated within 18 months from the approval of the Conditional Use Permit the permit shall be voided by the City. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The facility shall comply with State Fire Marshal's standards for family day care facility and shall be inspected by the Fire Department using this standard. 2. The address shall be posted in 6" numbers on the front of the building. Adopt the Recommendations of the ACHD as follows: 1. Dedicate 33-feet of right-of-way for the new collector road along the south property line of the site abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Comply with requirements of ITD for State Highway 55 (Eagle Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 3. The Eagle Road Access Study identified that the new east-west collector street located 2640-feet north of Fairview Avenue will be restricted to right-in/right-out operation as traffic volumes on Eagle Road increased. 4. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. 5. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER (CUP-01-042) 16 Construct a 5-foot wide concrete sidewalk on new the east/west collector street abutting the parcel prior to District approval of a final plat. The sidewalk shall be located two feet within the new right-of-way of the collector road. Coordinate the location and elevation of the sidewalk with District staff. Construct the new commercial street as a 40-foot street sections with curb gutter, and 5-foot wide concrete sidewalks within 58-feet of right-of-way, located as proposed 320-feet. Locate driveways off the new commercial street a minimum of 50-feet north of the collector roadway. Construct the driveways as 24 to 30-foot wide curb cuts and paved their full width to a point 30-feet beyond the edge of pavement of the commercial street. Construct an ACHD approved turnaround with a 45-foot radius at the north end of the new north-south street. Submit a design of the turnaround for review and approval by District staff. 10.No access points to Eagle Road have been proposed and none are approved with this application. 11.No access points to the new east-west street have been proposed and none are approved with this application. 12.Additionally, comply with the ACHD's Standard Requirements, and listed in their memo dated December 20, 2001. Adopt the Recommendations of the Sanitary Service as follows: 1. The enclosure for waste service shall be 10' for inside the gate post for clearance and a 60' clearance for the drive shall be required. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC / DREAMI_AND EDUCATION CENTER (CUP-01-042) 17 All storm drainage shall be retained on site, if any storm drainage leaves the site a Land Use Change application shall be required by the Nampa & Meridian Irrigation District. 3. That the City Attorney draft an Order Granting Conditional Use Permit 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, Public Works Department and City Attomey and any affected party requested notice. NOTICE OF FINAL ACTION Please tal<e 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 an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit 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. By action of the City Council at its regular meeting held on the day of //~ff/LO/~./ , 2002. ROLL CALL FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER (CUP-O1-042) 18 COUNCILMAN BIRD COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS COUNCILMAN NARY MAYOR ROBERT O. CORRIE (TIE BREAK_ER) DATED: ,ff_//q...-~7~._ MOTION: APPROVED:~ VOTED__~ VOTED__~ VOTED_~ VOTED_~a-~ VOTED DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Clerk Dated: Z:\WorkWNMeridianCderidian 15360Ivl~reamland Education Cntr CUl~l-042\CUPFfCIsOrdDec01042.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS MONVAND ENTERPRISES, LLC / DREAMLAND EDUCATION CENTER (CUP-01-042) 19 BEFORE THE MERIDIAN CITY COUNCIL C/C 03-05-02 IN THE MATTER OF THE APPLICATION OF ) MONVAND ENTERPRISES, LLC, FOR A ) CONDITIONAL USE PERMIT FOR A 120 ) CHILD/CHILD CARE CENTER, LOCATED ) WITHIN THE STOKESBERRY SUBDIVISION, ) ON THE WEST SIDE OF EAGLE ROAD ) APPROXIMATELY 1/2 MILE NORTH OF ) FAIRVIEW AVENUE, MERIDIAN, IDHAO ) ) CASE NO. CUP-01-042 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 5TM day of March, 2002, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant/Owner, Monvand Enterprises, LLC of the property, is granted a conditional use permit for development of a Child Care Center for 120 children, located within Stokesberry Subdivision, on the west side of Eagle Road approximately 1/2 mile north of Fairview Avenue, Meridian, Idaho. The requested conditional use is described in the Transmittal sheet which is on file in the Meridian City Clerk's office, for the development of the aforementioned project, and said property description is on file in the Meridian City Cleric's office. 2. That the above named applicant is granted a conditional use permit for development of a Child Care Center for 120 children, located within Stokesberry Subdivision, on the west side of Eagle Road approximately 1/2 mile north of Fairview Avenue, Meridian, Idaho, subject to the following conditions of use and development: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - MONVAND ENTERPRISES, LLC - DREAMLAND EDUCATION CENTER/ (CUP-01-042) PAGE 1 OF 4 Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Sanitary sewer and water to this facility shall be via existing service lines adjacent to the property that was installed for Lot 8. If the lot line adjustment is approved, the new Lot 7 (north hal0 shall not have any sanitary sewer and water services, as those intended for Lot 7 shall be inside the Dreamland parcel. Provisions shall be made within the Dreamland design to allow access for the north remainder parcel to the sanitary sewer and water services intended for Lot 7. Parldng: Daycare centers are required under the Off-Street Parldng Ordinance (11- 13) to provide one (1) space for every ten (10) children, plus one (1) space per staff member. At the proposed number of 120 children and 9 staff members, a mini~num of 21 off-street parldng stalls shall be required (assuming 12 for children and 9 for staff - however, the number of staff could increase, depending on the ages of children at the center), the applicant has provided 23 spaces. All stalls shall be striped and improved in accordance with city ordinances. A cross access easement shall be recorded for the common driveway/parldng area. A lot line adjustment shall be approved by the City and recorded at the Recorder's Office prior to the issuance of a building permit for this project. A Certificate of Occupancy (C.O.) for the childcare center is required prior to operation. This C.O. shall be signed by representatives of the Fire Department, Building Department and Planning & Zoning Department. A six-foot tall, non-sight obscuring fence, with a lockable gate, shall be required around the entire perimeter of the children's play area. Applicant shall obtain and continuously maintain a child-care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division. Provide copy of license to the City of Meridian at the time of P&Z Department's C.O. inspection. The operator's license shall be on-site for City inspection at all times. 7. Violation of any of the above conditions shall be cause to revoke a certificate of occupancy for a Childcare Center. The conditional use permit shall be subject to ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - MONVAND ENTERPRISES, LLC - DREAMLAND EDUCATION CENTER / (CUP-01-042) PAGE 2 OF 4 10. 11. 12. 13. 14. 15. review upon ten (10) days notice to the applicant. Off-street parking shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. A drainage plan designed by an architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site within each lot. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11- 13-4.C. All outdoor trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1.C. Coordinate trash enclosure locations and construction requirements with Sanitary. Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All construction shall conform to the requirements of the Americans with Disabilities Act. In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized irrigation shall be provided to all landscape areas on site. Submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - MONVAND ENTERPRISES, LLC - DREAMLAND EDUCATION CENTER / (CUP-01-042) PAGE 3 OF 4 16. If the start of construction has not been initiated within 18 months from the approval of the Conditional Use Permit the permit shall be voided by the City. Adopt the Recommendations of the Meridian Fire Department as follows: 1. The facility shall comply with State Fire Marshal's standards for family day care facility and shall be inspected by the Fire Department using this standard. 2. The address shall be posted in 6" numbers on the front of the building. Adopt the Recommendations of the ACHD as follows: Dedicate 33-feet of right-of-way for the new collector road along the south property line of the site abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Comply with requirements of lTD for State Highway 55 (Eagle Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. The Eagle Road Access Study identified that the new east-~vest collector street located 2640-feet north of Fairview Avenue will be restricted to right-in/right- out operation as traffic volumes on Eagle Road increased. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Construct a 5-foot wide concrete sidewalk on new the east/west collector street abutting the parcel prior to District approval of a final plat. The sidewalk shall be located two feet within the new right-of-way of the collector road. Coordinate the location and elevation of the sidewalk with District staff. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - MONVAND ENTERPRISES, LLC - DREAMLAND EDUCATION CENTER / (CUP-01-042) PAGE 4 OF 4 Construct the new commercial street as a 40ofoot street sections with curb gutter, and S-foot wide concrete sidewaIks within $8-feet of right-of-way, located as proposed 320-feet. Locate driveways off the new commercial street a minimum of 50-feet north of the collector roadway. Construct the driveways as 24 to 30-foot wide curb cuts and paved their full width to a point 30-feet beyond the edge of pavement of the commercial street. Construct an ACHD approved turnaround with a 45-foot radius at the north end of the new north-south street. Submit a design of the turnaround for review and approval by District staff. 10. No access points to Eagle Road have been proposed and none are approved with this application. 11. No access points to the new east-west street have been proposed and none are approved with this application. 12. Additionally, comply with the ACHD's Standard Requirements, and listed in their memo dated December 20, 2001. Adopt the Recommendations of the Sanitary Service as follows: The enclosure for waste service shall be 10' for inside the gate post for clearance and a 60' clearance for the drive shall be required. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: All storm drainage shall be retained on site, if any storm drainage leaves the site a Land Use Change application shall be required by the Nampa & Meridian Irrigation District. 3. 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. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - MONVAND ENTERPRISES, tLC - DREAMLAND EDUCATION CENTER / (CUP-01-042) PAGE 5 OF 4 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. ,B./~,4ction of the City Council at its regular meeting held on the :q/'K~day of O/z2,2002. / Jlm-g)(IS. orhe, -- - - May'or City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. City Clerk Dated: Z:\Worl¢~M~vleridianWleridian 15360M~Dreamland Education Cntr CUP01-042\CUPOrder,doc ORDER OF CONDITIONAL APPROVAL OF CONDiTIONAL USE PERMIT - MONVAND ENTERPRISES, LLC - DREAMLAND EDUCATION CENTER / (CUP-01-042) PAGE 6 OF 4