HomeMy WebLinkAboutNature's Child CUP
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-05-010
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 consisteot with Idaho Code §67-
6509.
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 commeots 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
writteo recommendation for approval to the City Council.
d.
The City Council heard and took oral and written testimony and duly considered the
evideoce and the record in this matter.
2.
Process Facts
a. There has been compliance with all notice and hearing requiremeots 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 1 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
I. 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
Developmeot 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 beeo giveo 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 theo 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
requiremeots 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:
I. 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-O5-0IO - PAGE 2 of4
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 eighteeo (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 requiremeots set forth in the conditions of approval,
acquire building permits and commeoce 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 eighteeo (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
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
CASE NO(S).CUP-O5-010 - PAGE 3 of4
By action of the City Council at its regular meeting held on the ~ycA.
1Y\fw. , 2005.
0
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: ~O~ ~"'ÐlN\
Cl yClerk'šO lice
Dated: 5~ \ lÞ -05
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).CUP-O5-0IO - PAGE 4 of4
EXHIBIT A
Nature's Child
CUP-05-010
Legal Description
. -'-'~'----..
- '~"'-'- "
Fob 15 0005 O,55PM S..tn Tech, Ino, 20B-382-4311
02la,..0' 12," PA! too '" 7307 TIlE SUNDANCE C"""""Y
Dee oe o. OS, '0. pinn..,. h.'n..,s, Inc. ',"OBJeB?-?7a¡
F.2
1i!J0Dl
P,3
,4
l EXHIBIT -
Exhibil "A"
P""eIB
ORIGINAL IN RED
A parcel of Lind being 0 ¡>onion of Lot 4, BJoci< 4, ofS;¡vvnt""e C"",pUS Subdivi'ion,
.. aho.... on tb. Ollicìal Plat "rordod in >ook 89 o[Plats.. >ages 10,295 tJuoogh
10,299, Recoro.. of Ad. Coo",y, !dsho,loosteò in the El/2 Dfth. NWlle of SocIi 00 21,
ToWIIIJ>ip J Nortb, Raoge I East, Bobe Meridian, Meridian City, AdA CoUnty,ld>.ho and
mon describod as foUo"",
Comm'neÌDg at. bns. ~"' ".wn.nrœ"'kÌDgt ¡e NW e-ofthe NWJI4 of'aid
Seed"" 21, Iheuce 11""& lite North S"'lionline of..id 3",,011121. S89'13'53"E a
dÙ!sn<:e of 1332.44 feet to . 518 Inoh ,.bar ~ !be NW OCJniet of the E 11'2 of the
NWl/4 of'aidSocti""21I1Qdfton:¡ wIoioh. brass éap"'on_t~ the N/¡"'mcr
of the NW1¡4 ofooJd S""lio. 21 b..... 889"1 4'24"E I distance of 1332.53 feet. t40nc,
leavilll¡¡.wd No"" ...tio.. linund 01- the We" line Dftba EII2 Dftbe NW1I4,¡r.iUd
SeCtion 21 SOO'13'16"W. cliatonec of176S.1i r...tQ 1112 inob being the POINT OF
BEGINNING;
Th.....l.avjng wd We.. liD.. N89'SS'30"E. dì'"",,.. 01374,71 fe., tD. II2 inoJ> reb..-
on oil. Wc>,ri8hl-of--r lint of S, Ccboit Poiotwsy;
Thoa.e aJOI>SIho Westrigbt-of-...y Um of.aid S, CobaJ. POÙIt Way, SOO'13'16"W a
-=01269 to.. to. 5/8 iochrob..-,
111..... 010n8 an ...e of. OLbvc to the riaht haVioS . _... of2.23.00 feet an Me lenøth of
1IO,&Of..., ° e""',llU1gloof28'280S', IInd. cho,d b_ing ofSI4'27'19"W. distant.
ofl09.66foet ,
11Icoce .Ions. CIn. to the left ba,,;ns e mdi.. 01327.00 feet, OII...e I.ngth 007.79
Iht,. control angle of 06"J 7'1 6": IOId. chord b_"'11 of826'22'43'W a <Ii"'.e. of
37.17 fOOl Ie a 1/2 u,D.b rebar;
T!Ieocc ¡.aving >aid We..!UIe, N6S'2)'50"W a dbta.nee oftS2.3ó f.., tQ 0 1/2 wbnDa.;
Thcaca S89'S8'30'W ,distance of274.89i.., tQ. 1/2 Û¡o ¡...bar on !he We,,'i.. .f<h.
Bin oflhe MWI/4 of said Soclio. 21;
111..... aJon¡:',id WeSt fine, NOOOIJ'16"E a diotanoe cf I] 7.00 fue11o the POINT OF
BEOINNlNG,
Said pareelooo'Dins 43,560 "I""" te'l 0< 1.00 ""res, '"ore Dr Ie.. and i, subject (0 a!J
existing """"nts and righr...of-ways Df roo"", or impfíod,
íì Q1/'1..
s....~,...!....:..-
e"627'_,_,."-,,,,-
EXHIBIT B
Nature's Child
CUP-05-010
Site Plan
""" """'" """""""""'."""" ,
~O3H'131SÁS I",
"3J.N3O ÐNIN"V:;',' OlIHO s.3 , (UVN "'I
--, "-, '"
,::~:,
'~irl;~~=?~:"
: ¡!I /1 '
, r"\J,. ~,
i I .\
,J'r':"~ I\.~'~':';i' ..
';llj,j'~,',',¡,I',:~)I'\!-,,' " ,,'c"
(1",;,:,\'3Aij" :i","
Jllt¡.:..-- \i ;~"'",,,/.I
I ' ' , .. ".,'it. Z'
(",:",\<>r:>.r ,,"" ,',','",I,I"',',;"""",'f
I ']; '¡vi ':"1 \ i \ I
I .1 j 1.!. I.
\1 , ',n.,L:_.t II ' \1
II 'I Ii lll!¡ 1 II
\ J, Iii n:';
'L_~
""
.0;:'"
. ,'i
..' 'c' " ,. 11
:ì.~<, I'
~~/ ,
¡ ¡;,illft"J
.pt, i ',~
i' ',II;
}' \,,1-,
\.!I.
'!!I,
,1
I!
¡!
II
'!
tÎ!
Ii
¡t
J
¡i
,"1;!'
I ~I
¡ t,
i ~
~¡ j,
!¡t;
IHi;
----"
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 Liceosing Division.
GENERAL CONDITIONS OF APPROVAL
1.
This conditional use permit shall be subject to the expiration provisions set forth
inMCC ll-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 Departmeot.
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 eogineer 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 Managemeot 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 (deteotion/reteotion 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 eveot.
11.
Certificate of Occupancy: All required improvemeots 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
Departmeot and water quality by the Meridian Water Departmeot 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 W' 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 requiremeots of the IFC
Section 509,5,
3. The phasing plan may require that any roadway greater than 150' in leogth that is
not provided with an outlet shall be required to have an approved turo around.
4. All eotrance 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 D1O3.6 Signs.
6. Operational fire hydrants, temporary or permaneot 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 consisteot with the
International Fire Code to service the proposed project. Fire hydrants shall be
placed per Appendix D.
8. The I office/commercial lots lot will have an unknown transieot population and will
have an unknown impact on Meridian Fire Departmeot call volumes. The Meridian
Fire Departmeot has experieoced 2397 responses in the year 2003, According to a
report completed by Fire & Emergeocy 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.
Achievemeot 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 sufficieot
operational funds to staff the facilities.
10. Provide a Knoxbox eotry 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 requiremeot 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 requiremeot 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 departmeot 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)
childreo, plus one (1) for each employee. The proposed 200 child daycare
requires 20 parking spaces, and the applicant anticipates tea (10) employees, for a
total of thirty (30) required parking spaces, The applicant's submitted site plan
also meets the required parking dimeosions 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 Compreheosive Plan Land Use Map designates the property as "Mixed
Use-Regional" and it is curreotly zoned C-G. 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 Compreheosive 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 inteoded character of the
geoeral 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 shall 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
improvemeots,
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 requiremeots at public cost and that the proposed use will not
be detrimeotal to the community's economic welfare.
H.
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
eotire 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.
That the proposed use will have vehicular approaches to the property which
shaD 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 sceoic 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.