HomeMy WebLinkAboutYoung American Early Care CUP
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA WAND
DECISION & ORDER
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In the Matter of Conditional Use Permit for a Day Care Center on 0.58 Acres in the C-N
District, by Young America Early Care and Education Center, Inc.
Case No(s).: CUP-05-056
For the Planning & Zoning Commission Hearing Date of: January 19, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of January 19, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of January 19, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of January
19, 2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of January 19, 2006 incorporated by reference)
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 (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of
Meridian has, by ordinance, established the Impact Area and the Amended
Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
II-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY Of MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). CUP-O5-056 - PAGE 1 of 4
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 Commission Chair and City Clerk and then a copy served by the
Clerk upon the applicant, the Planning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Site Plan and the Conditions of Approval in the
attached Staff Report for the hearing date of January 19, 2006 incorporated by reference.
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 Planning & Zoning Commission's authority as provided in Meridian City
Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's Site Plan as evidenced by having submitted the Site Plan dated May 2,
2005 is hereby conditionally approved; and,
2. The following modifications to site specific conditions were made at the Planning &
Zoning Commission hearing:
a. Condition 1.5 should read: "The hours of operation for this business shall be
limited from 6:00 a.m. to 10:00 p.m., Monday through Saturday."
b. Condition 3.19 should read: "A fire sprinkler system may be required for this
occupancy. Contact the Fire Marshall at 888-1234 for more details."
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of January 19,2006 incorporated by reference.
D. Notice of Applicable Time Limits (as applicable)
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
and acquire building permits and commence construction of permanent footings or
structures on or in the ground. For conditional use permits that also require 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 (1) year
trom the original date of approval. Ifthe successive phases are not submitted within the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). CUP.O5-056 - PAGE 2 of 4
one (1) year interval, the conditional approval ofthe future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-5B-6.G.l, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
Commission may be granted. With all extensions, the Director or Commission may
require the conditional use comply with the current provisions of Meridian City Code
Title 11.
E.
Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67 ~8003, a denial of a plat
or conditional use permit entitles the Owner to 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 ofthe 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.
Attached: Staff Report for the hearing date of January 19, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS), CUP-O5-056 - PAGE 3 of 4
By action ofthe Planning & Zoning Commission at its regular meeting held on the
day of , 2006.
COMMISSIONER MICHAEL ROHM
(CHAIR)
VOTED
COMMISSIONER DAVID MOE
VOTED
COMMISSIONER WENDY NEWTON-HUCKABAY
VOTED
COMMISSIONER KEITH BORUP
VOTED
COMMISSIONER DAVID ZAREMBA
VOTED
CHAIRMAN MICHAEL ROHM
Attest:
Tara Green, Deputy City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
By;
City Clerk
Dated;
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). CUP-O5-056 - PAGE 4 of 4
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19, 2006
STAFF REPORT
TO:
FROM:
Hearing Date: 1/19/2006
Planning & Zoning Commission
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SUBJECT:
Young America Early Care and Education Center
. CUP-05-056
Conditional Use Permit for a Day Care Center on 0.58 Acres in the C-N
District, by Young America Early Care and Education Center, Inc.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Jennifer Coleman of Young America Early Care and Education Center, Inc., is requesting
Conditional Use Permit (CUP) approval to operate a child care center for approximately 100 children.
The proposed child care center is located within an existing 5,100 square foot building on a 0.58 acre lot
within Quenzer Commons Subdivision # 8. The applicant is proposing to provide an outdoor play area of
approximately 1,200 square feet, and provide 31 parent and employee parking spaces. The site is located
on the south side of Leigh Field Drive, approximately 200 feet west of Locust Grove Road. The property
is currently zoned C-N (Neighborhood Business.)
2. SUMMARY
The Meridian Planning and Zoning Commission heard the item on January 19,2006. At the public
hearing they moved to approve the subject application.
a. Summary of Public Hearing:
i. In favor: Jennifer Coleman, Applicant
ii. In opposition: None.
iii. Commenting: None.
iv. Staff presenting application: C. Caleb Hood
v. Other staff commenting on application: None.
b. Key Issues of Discussion by Commission:
i. Hours of operation.
ii. Landscaping and play area.
Hi. Fencing.
c. Key Commission Changes to Staff Recommendation:
i. Modify Condition 1.5 of Exhibit B by changing the hours of operation to be from
6:00 a.m. to 10:00 p.m., Monday-Saturday.
ii. Modify Condition 3.19 of Exhibit B to read "A fire sprinkler system may be
required for this occupancy. Contact the Fire Marshall at 888-1234 for more
details."
Below, staff has provided detailed analysis and recommended conditions of approval for the requested
Conditional Use Permit application. The Planning & Zoning Commission voted to approve the subject
application. CUP-O5-056. with the conditions contained in Exhibit B.
3. PROPOSED MOTIONS
Approval
Young America Early Care and Education Campus CUP-05-056
PAGEl
CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
I move to approve File Number CUP-05.056 as presented in the staff report for the hearing date
of January 19,2006, and the site plan labeled SP-l, dated May 2,2005 with the following
modifications to the conditions of approval: (add any proposed modifications). I further move to
direct staff to prepare an appropriate findings document to be considered at the next Planning and
Commission hearing on February 2,2006.
Denial
I move deny File Number CUP-05-056 as presented in the staff report for the hearing date of
January 19,2006, for the following reasons: (you must state specific reasons for denial.) I further
move to direct staff to prepare an appropriate findings document to be considered at the next
Planning and Commission hearing on February 2, 2006.
Recommend Continuance
I move to continue File Numbers AZ.05.062 and PP-05-062 to the hearing date of (insert
continued hearing date here) for the following reason( s): (You should state specific reason( s) for
continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
1525 E. Leigh Field Drive/generally west of Locust Grove Road, north of Us tick Road.
Section 31, T4N RlE
b. Owner:
Brighton Commercial, Inc.
12601 W, Explorer Drive, Ste. 200
Boise, ill 83713
c. Applicant:
Jennifer Coleman
Young America Early Care and Education Center, Inc.
2559 W. San Remo Ct.
Meridian, ill 83642
d. Representative: Jennifer Coleman
e. Present Zoning: C-N
f. Present Comprehensive Plan Designation: Mixed Use - Neighborhood (Neighborhood Center)
g. Description of Applicant's Request: The applicant is requesting Conditional Use Pennit
approval to operate a child care center for approximately 100 children. The proposed child
care center is located within an existing 5,100 square foot building on a 0.58 acre parcel within
Quenzer Commons Subdivision # 8 (Parcel A ofROS #6987). The applicant is proposing to
provide an outdoor play area of approximately 1,200 square feet, and provide 31 parent and
employee parking spaces.
1. Date of CUP site plan (attached in Exhibit A): May 2, 2005
2. Date of Landscape plan (attached in Exhibit A): February 23,2005
3. Date of Building Elevations (attached as Exhibit A): February 25,2005
Young America Eady Care and Education Campus CUP-05-056
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
h. Applicant's Statement/Justification: Young America Early Care and Education Center will be
serving around 100 children between the ages of three months to twelve years. We will be
providing before and after school care as well as part and full time child care. The business will
be licensed through the State of Idaho, Department of Health and Welfare, Child and Family
Services (please see applicant's submittal letter.)
5. PROCESS FACTS
a. The subject application will in fact constitute a conditional use as detennined by City
Ordinance. By reason of the provisions ofUDC 11-5B-6, a public hearing is required before
the City Council on this matter.
b. Newspaper notifications published on: January 2nd and January 16th, 2006
c. Radius notices mailed to properties within 300 feet on: December 23rd, 2005
d. Applicant posted notice on site by: January 9th, 2006
6. LAND USE
a. Existing Land Use(s): Commercial building.
b. Description of Character of Surrounding Area: This area is rapidly transitioning into a mixed-
use area. There are new homes within Heritage (Quenzer) Commons to the west, commercial
businesses to the south and rural residences to the north.
c. Adjacent Land Use and Zoning
1. North: Existing single-family residence, zoned RUT (Ada County)
2. East: Commercial building, zoned C-N
3. South: Commercial building, zoned C- N
4. West: Approved Quenzer Commons Subdivision No.9, zoned R-8
d. History of Previous Actions: Annexation and Zoning (AZ-02-006), Preliminary Plat (PP-
02-007), Conditional Use Pennit (CUP-02-007) approved in 2002; Rezone to C-N in 2005;
Quenzer Commons No.8 Final Plat approved in 2005 (FP-05-015); Record of Survey (ROS)
6987 recorded in 2005; Certificate of Zoning Compliance for Building G approved in 2005
(CZC-05-040). Site Specific Condition of Approval #2 for CUP-O2-007 requires all child care
centers within this development to obtain CUP approval.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer:
Location of water:
Issues or concerns:
Services already run to this building pad.
Services already run to this building pad.
None.
2. Vegetation: N/A
3. Flood plain: N/ A
4. Canals/Ditches Irrigation:
5. Hazards: N/A
6. Existing Zoning: C-N
7. Size of Property: 0.58 acres
f. Conditional Use Infonnation:
N/A
Young America Early Care and Education Campus CUP-05-056
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
1. Non-residential square footage: 5,100 square foot building; 4,200 square feet of
useable child care space.
2. Existing building height: 18 feet, 7 inches
3. Number of Residential units: 0
g. Off-Street Parking:
1. Parking spaces required: 11
2. Parking spaces proposed: 31
3. Compact spaces proposed: 0
4. Off-site parking proposed: 0
h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access
to the building will be through the existing drive aisles that connect to Leigh Field Drive to the
north and Heritage Park Drive to the south. There is an existing cross parking/cross access
agreement for the lots within this phase of the Heritage (Quenzer) Commons development.
7. COMMENTS MEETING
On December 30, 2005 Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department,
Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments
and recommended actions as Conditions of Approval in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Mixed Use - Neighborhood" on the Comprehensive Plan Future Land Use
Map. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis in italics):
Mixed Use. There are three sub-categories of the Mixed Use designation. Generally, the
designation will provide for a combination of compatible land uses that are typically developed
under a master or conceptual plan. The purpose of this designation is to identify key areas which
are either infill in nature or situated in highly visible or transitioning areas ofthe city where
innovative and flexible design opportunities are encouraged. The intent of this designation is to
offer the developer a greater degree of design and use flexibility. All development within this
designation will occur only under the Conditional Use Pennit process (Chapter VII, Meridian
Comprehensive Plan).
Mixed Use-Neighborhood: The following standards will apply to this category:
Up to 10 acres may be non-residential uses,
Up to 100,000 square feet of non-residential building area,
Sample uses include: grocery stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat,
salons, daycare, professional offices, medica1ldental clinics, retai1lgift shops, schools, parks,
churches, clubhouses, public uses.
.
Require that development projects have planned for the provision of all public services.
(Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
Young America Early Care and Education Campus CUP-05-056
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CITY OF MERlDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
.
Sanitary sewer and water service will be extended to the project at the
developer's expense.
The subject lands currently lie within the jurisdiction of the Meridian Rural Fire
District, Once annexed the lands will be under the jurisdiction of the Meridian
City Fire Department, who currently shares resource and personnel with the
Meridian Rural Fire Department.
The subject lands currently lie within the jurisdiction of the Ada County Sheriff's
Ojjìce. Once annexed the lands will be serviced by the Meridian Police
Department (MPD).
The roadways adjacent to the subject lands are currently owned and maintained
by the Ada County Highway District (ACHD). This service will not change.
The subject lands are currently serviced by the Meridian School District #2. This
service will not change.
The subject lands are currently serviced by the Meridian Library District. This
service will not change and the Meridian Library District should suffer no
revenue loss as a result of the subject annexation.
.
.
.
.
.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
.
Protect existing residential properties from incompatible land use development on adjacent
parcels. (Chapter VII, Goal N, Objective C, Action 1)
The applicant is proposing a commercial use adjacent to existing residentially zoned
properties. Staff finds that impacts to the existing residential properties to the west and north
can be limited through design as to be compatible with the proposed development, if
appropriate j€!Ilcing, landscaping, and other conditions related to hours of operation and
restrictions on the outdoor play area are imposed on this project.
.
"Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal
IV, Objective D, Action 2)
The applicant is not proposing any access to Locust Grove Road with the subject application.
All vehicular access will be taken from the existing driveways tolfrom Leigh Field Drive and
Heritage Park Drive.
.
"Consider development applications that apply the neighborhood center concept." (Chapter
VII, Goal 1, Objective B, Action 1)
Staff finds that daycares are one of the sample uses called for within neighborhood centers.
This project is part of a larger development that is applying the neighborhood center concept.
.
"Require neighborhood commercial areas to create a site design compatible with surrounding
uses (e.g., landscaping, fences, etc.)." (Chapter VII, Goal 1, Objective B, Action 6)
Staff has included conditions within Exhibit B that should make this use compatible with the
surrounding uses.
Young America Early Care and Education Campus CUP-05-056
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
Staff believes that the proposed day care center use is consistent with the Comprehensive Plan. Staff
recommends that the Commission and Council rely on any verbal or written testimony that may be
provided at the public hearing when determining if the applicant's request is appropriate for this
property.
9. ZONING ORDINANCE
a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2lists the permitted, accessory,
and conditional uses in the C-N zoning district. Day care centers are allowed as either
accessory uses, or are allowed with conditional use permit approval in the C-N zone.
b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the
retail and service needs of the community in accord with the Meridian Comprehensive Plan.
Four Districts are designated which differ in the size and scale of commercial structures
accommodated in the district, the scale and mix of allowed commercial uses, and the location
of the district in proximity to streets and highways.
c. General Standards: No dimensional modifications are being requested for the proposed
development. There are several day care standards listed in UDC 11-4-3.9. Analysis of these
specific use standards are provided in Section 10 below. Staff is recommending an alternative
to the standard requirement for landscaping adjacent to the residential zoning to the west, as
this was previously allowed with CUp.02-007 (see Special Considerations in Section 10
below.)
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
UDC ll-4-3.91ists the following standards for all Day Care Facilities:
1. In determining the type of day care facility, the total number of children cared for during the
day and not the number of children at the facility at one time, is the determining factor. The
operator's children are excluded from the number.
The applicant is proposing to have up to 100 children per day. Because more than 12 children
will be at the facility, this is a day care center.
2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe
discharge and pickup of clients.
The applicant is not proposing to designate a drop off/pickup area. All parents/guardians will
be required to park in a striped stall and go in to pick-up the children. The existing parking lot
was designed in accordance with the City's current standards for parking lot dimensions.
There is 25 feet between stalls; sufficient area to back-up. Day care staff parking is on the
north side of the site. Staff believes that this will alleviate the potential problem of children
crossing the drive-aisle and getting run over. Staff recommends that the applicant be required
to install signs on both sides of the entrance to the north parkin~ lot, within the landscape
planters, that state: "Vehicles must park in designated stalls only". This should prevent cars
from parking/waiting in the drive aisles, otherwise blocking parked cars from exiting the site
efficiently.
3. The decision-making body shall specify the maximum number of allowable clients and hours
of operation as conditions of approva1.
Staff recommends that the Commission allow up to 100 children to use the subject facility, as
requested. Staff further recommends that the hours of operation for this business be limited
from 6:30 a.m. to 7:00 p.rn. NOTE: The applicant stated that the hours of operation are
Young America Early Care and Education Campus CUP-05-056
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
expected to be from 6:30 a.ill. to 6:30 p,m. Staff recommends that an addition Yz hour be
allowed to account for any parents/guardians that may run a little late.
4. The applicant or owner shall secure and maintain a Basic Day Care License from the State of
Idaho Department of Health and Welfare - Family and Children's Services Division.
Staff is including this condition within Exhibit B.
5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be
between 6:00 a.m. to 11 :00 p.m. This standard may be modified through approval of a
Conditional Use Pennit.
See Standard #3 above.
Additional standards for day care facilities that serve children:
1. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non-scalable
fence to secure against exitJentry by small children and to screen abutting properties. The
fencing material shall meet the swimming pool fence requirements of the Building Code in
accord with Title 10 of the Meridian City Municipal Code.
The applicant is proposing to construct a 6-foot tall vinyl fence around the 1,200 square foot
outdoor play area. The Police Department has concerns with installation of a solid fence
along the north and east side of the play area. The applicant should be required to construct a
6-foot tall, solid fence, in accordance with the provision listed above, along the west and
south side of the play area. Fencing on the north and east sides of the plav area shall be 6-feet
tall. open-vision, non-climbable material.
2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within
any required yard.
Although no play equipment over six feet in height are currently proposed, staff is including
this restriction within Exhibit B. Further, because the proposed play area backs-up to
residential properties, staff recommends that no outdoor play equipment over six feet high be
allowed on the west side of the building,
3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used
after dusk.
Staff is including this condition within Exhibit B.
Land Use Buffers: A 20.foot wide land use buffer along the west side of the site is required by
City Code. The existing building is set back from the west property line by 20-feet. The City
approved CUP-02-007, and FP-05-015 which did not require a land use buffer to the west. UDC
ll.3B.9C1c, allows the City to reduce the amount of vegetation within a land use buffer if a
fence of at least 6.feet tall is provided to screen the adjacent properties. Staff recommends that
the applicant be required to comply with the city-approved final plat landscape plan for FP-05.
015 and to construct a 6-foot tall fence to screen the adjacent properties from the play area. Any
relocation or removal of the required trees on this site should be coordinated with Planning Staff.
Site Plan: The UDC does not establish minimum play area requirements for day care facilities.
Staff has some concerns about having up to 100 children using this facility and only having a 20'
x 60' outdoor play area. Staffrecommends that the applicant, at the public hearing, explain how
this outdoor play area is going to be adequate for a child-care business of this size.
Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC)
pennit is to ensure that all construction, alterations and/or the establishment of a new use
complies with all of the provisions of the UDC before any work on the structure is started and/or
Young America Early Care and Education Campus CUP-05-056
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19, 2006
the use is established (UDC 11-5B-IA). To ensure that all of the conditions of approval listed in
Exhibit B are complied with, the applicant should be required to obtain a CZC and occupancy
from the Planning Department.
b. Staff Recommendation: Staff recommends approval ofCUP-05-056 for Young America Early
Care and Education Center as presented in the Staff Report for the hearing date of January 19,
2006 based on the Findings of Fact as listed in Exhibit C and subject to the conditions of
approval as listed in Exhibit B.
11. EXHIBITS
A. Drawings
1. Date of CUP Site Plan (2 Pages): May 2,2005
2. Date of Landscape plan: February 23,2005
3. Date of Building Elevations: February 25,2005
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Ada County Highway District (ACHD)
6. Central District Health Department
C. Required Findings from Unified Development Code
Young America Early Care and Education Campus CUP-05-056
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
A. Drawings
1. CUP Site Plan (dated: May 2,2005)
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CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
2. Landscape Plan (Dated February 23,2005)
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3. Building Elevations (dated: February 25,2005)
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B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant shall comply with all conditions of approval for Quenzer Commons No.8 Final
Plat (FP-O5-015); Annexation and Zoning (AZ.O2-006), Preliminary Plat (PP-O2-007), and
Conditional Use Pennit (CUP-02-007) approval of Heritage (Quenzer) Commons; and,
Certificate of Zoning Compliance for Building G approved in 2005 (CZC¥05-040) as part of the
subject Conditional Use Pennit (CUP-05-056).
The applicant shall be allowed to care for up to 100 children per day.
On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge
and pickup of clients.
The existing parking lot was designed in accordance with the City's current standards for parking
lot dimensions. There is 25 feet between stalls; sufficient area to back-up. The applicant shall
install signs on both sides of the entrance to the north parking lot, within the landscape planters,
that state: "Vehicles must park in designated stalls only".
The hours of operation for this business shall be limited from 6:J.G00 a.m. to +10:00 p.m.~
Monday throue:h Saturday.
Prior to operation of the day care facility, the applicant or owner shall secure and maintain a
Basic Day Care License from the State of Idaho Department of Health and Welfare - Family and
Children's Services Division. Proof of said license shall be provided to the Planning Department
prior to release of occupancy of this building for a day care use.
The applicant should be required to construct a 6-foot tall, non-scalable, solid fence, along the
west and south side of the outdoor play area. The fencing material used on the west and the south
side of the play area shall meet the swimming pool fence requirements of the Building Code in
accord with Title 10 of the Meridian City Municipal Code. Fencing on the north and east sides of
the outdoor play area shall be 6.feet tall, open-vision, and a non-climbable material. All fencing
shall secure against exiVentry by small children.
Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any
required yard, Further, no play equipment over six feet high shall be located on the west side of
the building.
Outdoor play area(s) shall not be used after dusk.
As an alternative to the standard land use buffer to the west, the applicant shall comply with the
city-approved final plat landscape plan design for FP-05-015, and construct a 6-foot tall fence to
screen the adjacent properties from the play area (see Condition 1.7 above). Any relocation or
removal of the required trees on this site should be coordinated with Planning Staff.
To ensure that all of the conditions of approval for CUP-05-056 are complied with, the applicant
shall be required to obtain a Certificate of Zoning Compliance (CZC) pennit, and occupancy,
from the Planning Department prior to operation of the day care facility.
The applicant shall have a maximum of 18 months to commence the use as pennitted in accord
with the conditions of approval listed above. If the business has not begun within 18 months of
approval, a new conditional use pennit must be obtained prior to operation.
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
2.1
2. PUBLIC WORKS DEPARTMENT
All City services have already been installed for this site. Public Works has no additional
conditions to place on this application.
Exhibit B Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
3.1
3. FIRE DEPARTMENT
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
3.14
3.15
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.
Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on comers when spacing pennits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in
accordance with Appendix D Section DIO3.6 Signs.
For all Fire Lanes, provide signage "No Parking Fire Lane".
Fire lanes and streets shall have a vertical clearance of 13 '6". This includes mature landscaping.
Building setbacks shall be per the International Building Code for one and two story construction.
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.
The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
Maintain a separation of 5' from the building to the dumpster enclosure.
Provide a Knox box entry system for the complex prior to occupancy.
The first digit of the Apartment/Office Suite shall correspond to the floor level.
The Fire Dept. has concerns about the ability to address the project and have the addresses visible
from the street which the project is addressed off of. Please contact Vicki Heugly at 898-5500 to
address this concern prior to the public hearing.
All aspects of the building systems (including exiting systems), processes & storage practices
shall be required to comply with the International Fire Code.
All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
Exhibit B Page 2
3.16
3.17
3.18
3.19
3.20
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
Provide exterior egress lighting as required by the International Building & Fire Codes.
All Daycares 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.
There shall be a fire hydrant within 100' of all Fire Department connections.
A fire sprinkler system will-mav be required for this occupancy. Contact the Fire Marshall at
888-1234 for more details.
An alarm system and panic system will be required for this occupancy. Contact the Fire Marshall
at 888-1234 for more details.
4.1
4. POLICE DEPARTMENT
Fencing along the north and east sides of the outdoor play area to be open-vision.
5.1
5. ADA COUNTY HIGHWAY DISTRICT
On January 16,2002 the Ada County Highway District acted on Heritage Commons/MPP-02-
007/MAZ.02-006/MCUP-02-007. The conditions and requirements also apply to MCUP-05~056.
A traffic impact fee may be assessed by ACHD and will be due prior to the issuance of a building
permit. Contact ACHD Planning & Development Services at 387-6170 for information regarding
impact fees.
6. CENTRAL DISTRICT HEAL Tll DEPARTMENT
5.2
6.1
We will reQuire plans be submitted for a plan review for any child care center. The
applicant shall contact Susan Simons at CDHD ree:ardine: license.
Exhibit B Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY [9,2006
C. Required Findings from Unified Development Code
CUP Findings:
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
1. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The proposed use on this site can accommodate and meet all dimensional and development
regulations regarding day care facilities. The Commission is supportive of the layout for the
proposed parking plan and traffic flow pattern for this use.
Parking stalls are required at the ratio of one space per 500 square feet of gross floor area in
commercial districts (UDC 11-3C-6). Per this requirement, 11 stalls are required. There are 31
parking stalls provided on this site, with designated handicap accessible stalls. This provision
exceeds the City's minimum parking stall ratio. The Commission finds that the project should
have ample parking.
The Commission finds that the subject property is large enough to accommodate the required
yards (setbacks), parking, landscaping and other features required by the ordinance. The
Commission relies on Staffs analysis, and any oral or written public testimony provided when
determining if this site is large enough to accommodate the proposed use.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The Commission finds that the designated Comprehensive Designation for this property is Mixed
Use - Neighborhood. The property is existing commercial zoning (C-N) and is consistent with
the Comprehensive Plan for this area. The proposed use is generally harmonious with the
requirements of the UDC (see Section 10, Analysis above for more information regarding the
requirements for day care facilities in City Code.)
3. 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 applicant is a perspective tenant within the existing commercial building. The Commission is
generally supportive of the site plan design; this design has been previously approved by the City.
Within the text of the Comprehensive Plan, day cares are used as examples uses for mixed use -
neighborhood areas.
The Commission finds that if the applicant complies with the conditions outlined in this report,
the general design, construction, operation, and maintenance of a day care facility should be
compatible with other uses in the general neighborhood and with the existing and intended
character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
Exhibit C Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006
The Commission finds that if the applicant complies with the conditions outlined in this report,
the proposed day care use will not adversely affect other property in the area. The Commission
should rely upon any public testimony provided to detennine if the development will adversely
affect the other property in the vicinity.
5. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and tire protection, drainage
structures, refuse disposal, water, and sewer.
The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are
currently available to the subject property. Please refer to any comments prepared by the
Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation
and ACHD. Based on comments from other agencies and departments, the Commission finds that
the proposed use will be served adequately by all of the public facilities and services listed above.
6. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the applicant will be financing any improvements required for development. The
Commission 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.
7. 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 the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Commission recognizes that traffic and noise will increase with the approval of a day care
facility in this location; however, the Commission does not believe that the amount generated will
be detrimental to the general welfare of the public. The Commission does not anticipate the
proposed use will create excessive noise, smoke, fumes, glare, or odors. The Commission finds
that the proposed use will not be detrimental to people, property or the general welfare of the
area.
8. 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.
The Commission finds that there should not be any health, safety or environmental problems
associated with this development. The Commission finds that the proposed use will not result in
the destruction, loss or damage of any natural, scenic or historic feature of major importance.
Exhibit C Page 2