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HomeMy WebLinkAboutNature's Child CUP-05-010 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 new Childcare Facility for up to 200 children, in a C-G Zone, by Nature's Child, LLC. Case No(s). CUP-05-0l0 For the City Council Hearing Date of: May 3,2005 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 May 3, 2005, 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. 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). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation for approval 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. Application and Property Facts 3. 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-O5-010 - PAGE I of 4 verified that the property owner(s) of record at the time of issuance of these findings is LH Properties, LLC. 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 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 ofthe 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 dated 2/21/05 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 site specific and standard conditions of approval are as shown in Exhibit C. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-O5-0I 0 - PAGE 2 of 4 D. Notice of Applicable Time Limits 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. Ifthe 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 aregulatory 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 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: Exhibit C: Approved Site Plan dated 2/21/05 Final Conditions of Approval Exhibit D: Conditional Use Permit Findings CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S),CUP-O5-010 -PAGE30f4 By action of the City Council at its regular meeting held on the :=:?YcÀ. !Y\('tL~ ' 2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER CHRISTINE DONNELL VOTED ~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ COUNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMYdeWEERD (TIE BREAKER) VOTED- and City Attorney. By: ~G~I ~"'ÐlM Cl Y Clerk'šO lice Dated: 5- \ lÞ -05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S).CUP-O5-010 - PAGE 4 of 4 ' EXHIBIT A Nature's Child CUP-05-010 Legal Description "'~" -~-,_._- --'-CO'O --. Feb 15 2005 3,SOPH S""~em Tech, Inc, 208-362-4311 'UlO.2'" a,51 FAX 208 '" 7307 TII]; 'UNO.NCE CON.A." Dec 0", O. OS. ¡oa O,nnool. E".'nuro, Inc. ',"aOIBB?-??S, F.2 41>°" P,3 L EXHIBIT A.. F.híbil "A" P...,cIB ORIGINAL IN RED "-p"""1 of/and being a portion of Lot 4, BlocJc 4, ofSilvemone C""pus S~bd1V sion. ...be- on tho Official Plo' ,"corded Ie ;look 89 of Plat... >IIg.. 10,295 tJuough 10,299, Record, of Ad, Co",uY.ldaho, located in the EII2 oflh, NWllo ofSoction 21, ToWDllhip J North, Range ¡ East. Boile Meridian, Meridian CIty, AdaCou.nty, IdMo ""d """0 descnbcd OS foUows: Commoncing ot 0 bran tap ""'..um.", ",.,king tj¡e NW.- of the NWJI4 cfsaid S.c<!"" 21, ~ along theNortb Se.'¡oeliDcofiaid S_n21. 889'13'53"£ 0 dirtaðco of 1332.44 :(cOtlo. 518!noh ,obormarltin¡¡ 1ho I'IW e""'e, of th, ell2 of the NWI14 of tOld Section 21 BIll! m:.n wbiob. bras., clI > "'on_, marlcU¡g!he 1'11; "'mar of the NWI14 of lAid SOCliOD21 boarsB89'1"24"£, di&tance of 1332.53 Iòcr. thenco leaving wd Nortb '.«io" l!no ond 0100& thc W.st tiDo of tho £1/2 oitbe NWJi4 ofsaid So,tloD 21 SOO' 3'¡6"W .ã;st"".. ofl 76S, 18 feet to a 1/2 inob bolng the POJNT OF BEGINNING; Th...,o ¡.av¡ng saJd W... liDo, N89'S8'JO"E a diS....coon7',71 !to! to a 1/2 ¡neb reb... on 0),0 W""righl-oC-way U... ofS. Cob.<\JtPoU]\woy; The:>oe '¡OÐSthe West righI-or_)' line of.aid $, Coball Point Way, $00'13'16"\1; 0 -co 012,69 reel to 0 S/8 iooh"'b"" Th=u;e along an a<t of a""'e to 1he righ, hoVi.. a tacliu. of22J.UO fo.. on ore lolljÙ> of 110.80 f..~ . oCD"ol &!>g e of.<!8'2ns', ond 0 chord b_ing of$!4'27'19"W. díst.""" ofi09.66ft1c1 , Thence oIOI> ¡ a Ourvelo the left baving ...dl.. of 321.00 fec:~ BD"o JcDg1h 007.19 fee,.. 0"""lan81o ofO6"J7'16": IUId. chord bcoru,g ofS2S'U'43"W. cli"""",. of 37.77 fCCI to 0 1/2 Inch rob..... Thcooe J..ving J8/4 W.., JiDe; N6S'n'SO"W a dbtance of 62.36 I.e' to 0112 imh rohar; Theoc:o S89'S8'30"W. distlllXO of274.89 Ioe"o 0 112 iIICh..baronlbe Wcst line oIth. Eil2 of !he I'IW]/~ of said Section 21; n...",. a1on£.oid Wc..line, NOO'13'16"E. dôstan.. ofll7.DO Ibet to the POINT OF BEOlNNJNO. Sold porcal cont.;... 43,560 sq.....1bet or 1.00 acreo. "'on or laos IIDd i, subject 10 all e><iJ;dng ea.e",""" ODd oglin-d-WIIY' of recDft or implied. /ì ~ j Q1/1 ..... ~,e'L...... C"""""",.","-",,- EXHIBIT B Nature's Child CUP-05-010 Site Plan """""""" "'¡-..""",,';:ii, H:J3.l"3.lS,\S !l3.l~3<J Ð~IN~v3'î a19H:JS,3~ru.c"N. . \. fi' g!1 it: ! !j U', $:, i :.r,~:::. ' {I+:',\I¡ ~~~~I;~i' .. ~!¡iI t , \ ì' ¡;\~ . >,¡.;o."l".'( ,,"'~¡ "i:ì¡:' ~C';[YI~. i "I~ ~-]!:¡¡ , 11 d, [11 :',' If! f; ¡ ~~ F I¡ I Ii ¡I II ~ '----!.::"¡ ç-,,'.J I I, ',1 I "j ; Jj;j-~,iéj "')"'1 ~ Ii' "h .: '\,1, :'!1' J,~ ' II II ~! ,1 II " i~ I tj! I =1 ! :' Pi '¡!I' ¡¡I; iff" I! '-. , I r' , -,. EXHIBIT C Nature's Child CUP-05-010 Conditions of Approval SITE SPECIFIC CONDITIONS OF APPROVAL 1. This Conditional Use Permit shall be subject to all applicable conditions of approval from the Silverstone Business Campus (AZ-03-016, CUP-03-044, PP- 03-018). 2. Prior to issuance of a CZC, the applicant shall submit a copy of a recorded cross- access agreement with Parcel C of Lot 4, Block 4, Silverstone Business Campus Subdivision. 3. The applicant shall construct the shared entry drive to the full twenty-five (25') width prior to occupancy of the building. 4. The applicant shall secure and maintain a childcare license from the State of Idaho Department of Health and Welfare, Childcare Licensing Division. GENERAL CONDITIONS OF APPROVAL 1. This conditional use permit shall be subject to the expiration provisions set forth inMCC 11-17-4.B. 2. No building or other structure shall be erected, moved, added to r 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) from the Meridian Planning and Zoning Department. 3. The project layout shall remain in substantial compliance with the approved site plans. Parking is approved as depicted on the site plans. All parking stalls, drive aisles and drive-thru lanes shall be constructed per the dimensions depicted on the submitted site plans and MCC. 4. All parking and drive aisles shall be paved for all uses, in compliance with the submitted plans. Handicap parking spaces shall be signed and striped in compliance with Federal accessibility guidelines. 5. Sanitary sewer and water service shall be from service lines currently installed adjacent to the property. 6. All exterior lighting, whether attached to the building or located within the parking lot, 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. 7. All signage shall be in accordance with the standards set forth in this report and Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to review and shall require separate permits. 8. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the adopted building and fire codes. 9. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 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 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. 10. 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 100-year storm event. 11. 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. FIRE DEPARTMENT 1. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 y," 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 when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3. 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. 4. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 5. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D 1 03.6 Signs. 6. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. 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 per Appendix D. 8. The 1 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2397 responses in the year 2003. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 9. 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 on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 10. Provide a Knoxbox entry system for the complex prior to occupancy. 11. Provide exterior egress lighting as required by the International Building & Fire Codes. 12. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 13. All Daycare's with 7 or more children must pass an inspection using the criteria of the Idaho State Fire Marshal. If the applicant has concerns about meeting the State Fire Marshal criteria an inspection will be completed at a cost of$20. 14. There shall be a fire hydrant within 100' of all fire department connections. SANITARY SERVICES 1. Waste enclosure access: The applicant shall provide drive-on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 ft. frontal clearance for such containers. 2. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. PARKS DEPARTMENT 1. The Parks Department has no concerns with the site design as submitted with the application. EXHIBIT D Nature's Child CUP-05-010 Conditional Use Permit Findings STANDARDS FOR CONDITIONAL USES 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; Parking: The submitted plan depicts 36 on-site parking stalls. MCC 11-13-5(B)(2) requires daycare facilities to provide parking at the rate of one (1) space per ten (10) children, plus one (1) for each employee. The proposed 200 child daycare requires 20 parking spaces, and the applicant anticipates ten (10) employees, for a total of thirty (30) required parking spaces. The applicant's submitted site plan also meets the required parking dimensions outlined in MCC 11-13-4(F). Landscaping: The applicant has proposed a twenty foot (20') landscape buffer along South Cobalt Point Way with four (4) street trees and has provided internal landscape planters within the parking lot which meet the requirements of Meridian City Code. City Council finds that the subject property, as depicted, is large enough to accommodate the required open spaces, parking, landscaping and other features required by the ordinance. City Council notes that the subject lot was modified by Record of Survey #06689, Records of Ada County, Idaho. 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 "Mixed Use-Regional" and it is currently zoned CoG. Mixed Use-Regional allows for a mix of commercial use, including daycares (see Comprehensive Plan, p. 98). Ordinance 11-8-1, Schedule of Use Control, allows for childcare centers through the conditional use process in the CoG zone. City Council finds that the requested uses are in compliance with the approved Future Land Use Map and that, if F. approved as a CUP, the project will be in compliance with the MCC and Development Agreement. c. 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; The abutting properties to the north, south, and west, and beyond, are part of Silverstone Business Campus and are intended for development of a similar nature. The Comprehensive Plan shows that the future intended land use of the area is Mixed Use-Regional. Therefore, City Council finds that the proposed development will not adversely change the existing or intended character of the general vicinity. The decision to change the character of the area was already made with the approval of Silverstone Business Campus and Bonito Subdivision (located to the west of Eagle Road). D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council does not anticipate that the proposed use will adversely affect adjacent properties. E. 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 shaH be able to provide adequately any such services; The project will take vehicular access from South Cobalt Point Way via a new shared entry drive. Storm drainage for the site will tie into the business development's existing storm drainage system. ACHD approved the proposed project with no new conditions, except to comply with the conditions already placed on the subdivision. Water and sanitary sewer service to the project is readily available to the site via mains installed as part of the subdivision improvements. 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; The developer will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. The primary public costs to serve the future residents will be fire and police services. City Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. I. 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; No new trip generation estimates were provided by ACHD, since estimates for the entire subdivision were approved previously when it was subdivided. The approved subdivision plans anticipate up to 6,310 additional vehicle trips per day for the entire Silverstone Business Campus; the proposed project is only a fraction of the pre-approved ultimate traffic volume. City Council finds that no excessive traffic, smoke, fumes, glare or odors will result from the proposed use. H. 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; City Council finds that the proposed use will not create significant interference with traffic on the surrounding public streets. The ACHD will not prepare a separate site-specific report for the proposed project and instead have simply required the project to comply with conditions of approval already placed on the subdivision as a whole. 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. City Council finds that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. Staff has not identified any natural or scenic features on the site.