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HomeMy WebLinkAboutABC Daycare CUP-00-058BEFORE THE MERIDIAN CITY COUNCIL C/C O2/20/O 1 IN THE MATTER OF THE APPLICATION OF DAHL AND JANET TORGENSEN, FORA CONDITIONAL USE PERMIT FOR A CHILD-CARE CENTER FOR 24 CHILDREN IN AN R-15 ZONE FOR PROPOSED ABC CLUB DAYCARE AND PRESCHOOL, LOCATED AT 650 W. BROADWAY, MERIDIAN, IDAHO Case No. CUP-O0-058 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council on February 20, 2001, and Shaft Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and the Applicant, DaN Torgensen, appeared and testified, and no one appearing in opposition, and the City Council having received the staffreport and the record made before the Planning and Zoning Commission, and being fully advised in the premises, the Council finds and concludes as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN / CHILD-CARE CENTER FOR 24 CHILDREN (CUP-O0-058) FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive ~veeks prior to the said public hearing scheduled for February 20, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearings having been posted upon the property under consideration more than one week before said hearing and the copies of ali notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the said February 20, 2000, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and Meridian City Code §§ 11-I5-5 and 11-17-5 as evidenced by the AfFidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN / CHILD-CARE CENTER FOR 24 CHILDREN (CUP-O0-058) 2 3. Coundl takes judidal notice of its Zoning, Subdivision and Development Ordinances codified at Meridian City Code Title ] 1 and Title 12 and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 - January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at 650 W. Broadway, Meridian, Idaho. 5. The owners of record of the subject property are Dahl T. and Janet L. Torgensen of Meridian, Idaho. 6. Applicants are the owners of record. 7. The subject property is ctu'rendy zoned R-15. The zoning district of R-15 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2 E. 8. The proposed application requests a conditional use permit for a child day care center in an R-15 zone for up to 24 children. The R-15 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1.). 9. The Meridian City Council recognizes that the proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN / CHILD-CARE CENTER FOR 24 CHILDREN (CUP-O0-058) 3 application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. That the Applicants, Dahl and Janet Torgensen, owners of the property, are granted a conditional use permit for a child care center for 24 children, located at 650 W. Broadway, Meridian, Idaho. The requested conditional use for the development of the aforementioned project is described in the attached Exhibit "A", and incorporated herein as if set forth in full, and consisting of one page. 12. Giving due consideration to the comments received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian. Adopt the Recommendations of the Plam~ing and Zoning and Engineering staff as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN / CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) 4 12.1 12.2 12.3 12.4 12.5 12.6 12.6 12.7 Sanitary sewer and water to this facility shall be via existing service lines. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian. Parking shall be limited to 2 staff and 4 "visitor" parking slots. Off-street parking shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. The MFD shall make the final determination of allo~vable children at the time of their occupancy inspection. The Applicant shall remove any existing asphalt in the front yard that is beyond the 30-foot maximum driveway width (or whatever ACHD allows) prior to issuance of the C.O. A minimum 10-foot wide landscaped buffer area shall be provided along Broadway behind the future sidewalk and east of the asphalt driveway. In order to prevent headlight glare into the front yards of properties to the east, Applicant shall plant evergreen or woody shrubs or other appropriate form of solid screeaing along the eastern edge of the new asphalt parking area. The screening shall be at least three (3) feet tall at the time of planting and shall be in place prior to issuance of the Certificate of Occupancy. An ADA-approved handicap parking sign shall be installed in front of the accessible stall in the parldng lot. Applicant shall provide a solid screening of the adjacent properties to the north, east and west to protect children from adverse impacts and to provide a visual and sound buffer between properties. Applicant shall FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN / CHILD-CARE CENTER FOR 24 CHILDREN (CUP-O0-058) 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 darify the type and height of fencing proposed along the east and west sides of the rear play area with Staff. The child care center shall not adversely impact surrounding residential properties due to children's noise, traffic and other activities. Applicant shall keep all outside play areas free of noxious weeds. A Certificate of Occupancy (C.O.) for the childcare center is required prior to operation signed by representatives of the Fire Department, Building Department and Plmming & Zoning Department. Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division, a copy of which shall be provided to the City of Meridian at the time of PS~Z Department's C.O. inspection, and which shall be on-site for City inspection at all times. Applicant shall ensure that immunization of all children is verified prior to acceptance into program. Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating. Operation of daycare without proper approvals shall result in revocation of conditional use permit. Applicant shall comply with any other ACHD requirements now pending. A drainage plan designed by an architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-I-91) for all off-street parldng areas. All site drainage shall be contained and disposed of on-site. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN / CHILD-CARE CENTER FOR 24 CHILDREN (CUP-O0-058) 6 12.17 All outdoor trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12- 1 .C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. 12.18 All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. 12.19 All construction shall conform to the requirements of the Americans with Disabilities Act. 12.20 In accordance with City Ordinance 11-13-4.B.2., underground year-round pressurized irrigation shall be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. Adopt the Recommendations of Sanitary Services as follows: 12.21 Residential waste cans shall be placed at the curb, and commercial can rates shall apply. Adopt the Recommendations of the Central District Health Department as follows: 12.22 Plans shall be submitted for the child care center for plan review. Adopt the Recommendations of the Ada County Highway District as follows: 12.23 Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Broadway Avenue abutting the entire parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN / CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) 12.24 12.25 12.26 12.27 12.28 The existing driveway width and location is approved with this application. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Requests for appeals to the ACHD shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. Requests for appeals to the ACHD for reconsideration shall spedfically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193. 12.29 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 12.30 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 12.31 Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 12.32 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN / CHILD.CARE CENTER FOR 24 CHILDREN (CUP-O0-058) 8 advises the Highway District of its intent to change the planned use of the subject property unless a wavier/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 12.33 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Adopt the Recommendations of the Central District Health Department as follows: 12.34 All codes shall be met. 13. The proposed use within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance. 14. The uses proposed within the subject application will be subject to the conditions set forth in Finding of Fact No. 12 and will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN / CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) 9 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 18. The uses proposed within the subject application will not involve uses, activities, 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. 19. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW 1. Idaho Code § 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN / CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) I0 for the proposed use, and when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1 ) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction. 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of Meridian City Code § 11-17. 3. Idaho Code § 67-6504 provides that the City Council may exercise all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." 4. The City of Meridian has enacted the Comprehensive Plan City of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN / CHILD-CARE CENTER FOR 24 CHILDREN (CUP-O0-058) 11 Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the Applicants, Dahl and Janet Torgensen, owners of the property, for a child care center for 24 children, located at 650 W. Broadway, Meridian, Idaho. The requested conditional use for the development of the aforementioned project is described in the attached Exhibit "A", and incorporated herein as if set forth in full, and consisting of one page. 2. The applicant is granted a conditional use permit for and subject to the following terms and conditions: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 2.1 Sanitary sewer and water to this fadlity shall be via existing service lines. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian. 2.2 Parking shall be limited to 2 staff and 4 'Msitor" parMng slots. Off-street parking shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. Paving and striping shall be in accordance with the standards set forth in Sections 11-I3-4.D. and 11-13-4.E. of the City of Meridian Zmzing and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN / CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) 12 2.3 2.4 2.5 2.6 2.6 2.7 2.8 2.9 2.10 The MFD shall make the final determination of allowable children at the time of their occupancy inspection. The Applicant shall remove any existing asphalt in the front yard that is beyond the 30-foot maximum driveway width (or whatever ACHD allows) prior to issuance of the C.O. A minimum 10-foot wide landscaped buffer area shall be provided along Broadway behind the future sidewalk and east of the asphalt driveway. In order to prevent headlight glare into the front yards of properties to the east, Applicant shall plant evergreen or woody shrubs or other appropriate form of solid screening along the eastern edge of the new asphalt parldng area. The screening shall be at least three (3) feet tall at the time of planting and shall be in place prior to issuance of the Certificate of Occupancy. An ADA-approved handicap parldng sign shall be installed in front of the accessible stall in the parring lot. Applicant shall provide a solid screening of the adjacent properties to the north, east and west to protect children from adverse impacts and to provide a visual and sound buffer between properties. Applicant shall clarify the type and height of fencing proposed along the east and west sides of the rear play area with Staff. The child care center shall not adversely impact surrounding residential properties due to children's noise, traffic and other activities. Applicant shall keep all outside play areas free of noxious weeds. A Certificate of Occupancy (C.O.) for the childcare center is required prior to operation signed by representatives of the Fire Department, Building Department and Planning & Zoning Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN / CHILD-CARE CENTER FOR 24 CHILDREN (CUP-O0-058) 13 2.11 2.12 2.13 2.14 2.15 2.16 Applicant shall secure and maintain a child care license from the Idaho State Department of Health and Welfare-Child Care Licensing Division, a copy of which shall be provided to the City of Meridian at the time of P&Z Depamnent's C.O. inspection, and which shall be on-site for City inspection at all times. Applicant shall ensure that immunization of all children is verified prior to acceptance into program. Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating. Operation of daycare without proper approvals shall result in revocation of conditional use permit. Applicant shall comply with any other ACHD requirements now pending. A drainage plan designed by an architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parMng areas. All site drainage shall be contained and disposed of on-site. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13 -4. C. 2.17 2.18 2.19 All outdoor trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12- 1.C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Planning & Zoning Department prior to applying for building permits. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All construction shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN / CHILD-CARE CENTER FOR 24 CHILDREN (CUP-O0-058) 14 2.20 In accordance with City Ordinance I 1-13-4.B.2., underground year-round pressurized irrigation shall be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. Adopt the Reconrmendations of Sanitary Services as follows: 2.21 Residential waste cans shall be placed at the curb, and commercial can rates shall apply. Adopt the Recommendations of the Central District Health Department as follows: 2.22 Plans shall be submitted for the child care center for plan review. Adopt the Recommendations of the Ada County Highway District as follows: 2.23 Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Broadway Avenue abutting the entire parcel. 2.24 The existing driveway width and location is approved with this application. 2.25 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 2.26 Requests for appeals to the ACHD shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. 2.27 Requests for appeals to the ACHD for reconsideration shall specifically identify each requirement to be reconsidered and include written FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN / CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) 15 2.28 2.29 2.30 2.31 2.32 2.33 documentation of data that was not available to the Commission at the time of its original decision. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance 4* 193. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Any change by the applicant in the plam~ed use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a wavier/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN / CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) 16 Adopt the Recommendations of the Central District Health Department as follows: 2.34 All codes shall be met. 3. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Derision, which shall be signed by the Mayor and City Cleric and then a copy sevqed by the Cleric upon the applicant, the Planning and Zoning Department, Public Works Department and City Attorney and any affected party requested notice. NOTICE OF FINAL ACTION 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 may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~"/-~ day of /~ ~,,,t ~ff-x~ ,2001. ROLL CALL COUNCILMAN ANDERSON FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN / CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) VOTED I7 COUNCILMAN BIRD VOTED___~ COUNCILWOMAN deWEERD VOTED~_~_A-' COUNCILWOMAN McCANDLESS VOTED MAYOR ROBERT O. CORKIE (TIE BREAKER) DATED: .fi--& --Or/ VOTED MOTION: APPROVED'~~ DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. Dated: Y-~9~/9/~"'~ msg/Z:\Work~d~gleridJankMeridian 15360M~BC Club CUP058\CUPFfCIsOrdDec.wpd FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS DAHL AND JANET TORGENSEN / CHILD-CARE CENTER FOR 24 CHILDREN (CUP-00-058) 18 PARCEL I: The west 68 feet of the North 110 feet of the South 130 feet of the following described property= Eeginnihg at a point 20 rods East of the Northwest corner of the Southeast Quarter of Section 12, Township 3North, Range 1 West of the Boise Meridian in Ada county, Idaho; and running thence South parallel with the Meridian Line 40 rods; thence East 12 rods; thence % ~ ~ North parallel to the Meridian Line 40 rods; and thence West L2 rods to the PLACE OF BBGZNNING PARCEL ii= That pertion of land in the Northwest Quarter of the Southeast Q~artsr of section 12, Township 3 North, Range 1 West, more specifically described as follows= Beginning at the center of Section 12, Township 3 West of the Boise Meridian in Ada County, I~aho; South 89°~0· East, ~30.00 feet to a polnt; thence South 0°10' West, B30.00 feet to t~e REA~ POINT thence , South 89°50' ~ast, 68.00 feet; thence North 0°10' East, 30.00 ~eet; thence North SS°SO' West, 68.00 feet; thence South 0~10' West, North, Range 1 thence OF BEGINNINg; ~0.00 feet to the PLACE OF BEGINNIN9 BEFORE THE MERIDIAN CITY COUNCIL C/C 02/20/01 IN THE MATTER OF THE APPLICATION OF DAHL AND JANET TORGENSEN FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE CENTER FOR 24 CHILDREN, LOCATED AT 650 W. BROADWAY, MERIDIAN, IDAHO ) ) ) ) ) ) ) ) CASE NO. CUP-00-058 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 6th day of March, 2001, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicants, Dahl and Janet Torgensen, owners of the property, are granted a conditional use permit for a child care center for 24 children, located at 650 W. Broadway, Meridian, Idaho. The requested conditional use for the development of the aforementioned project is described in the attached Exhibit "A", and incorporated herein as if set forth in full, and consisting of one page. 2. That the above named applicants are granted a conditional use permit for a child care center 24 children, located at 650 W. Broadway, Meridian, Idaho, subject to the following conditions of use and development: Adopt the Recommendations of the P10aufing and Zoning and Engineering staff as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - DAHL AND JANET TORGENSEN - CHILD CARE CENTER FOR 24 CHILDREN (CUP-00-058) PAGE 1 OF 6 2.1 2.2 2.3 2.4 2.5 2.6 2.6 2.7 Sanitary sewer and water to this facility shall be via existing service lines. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian. Parking shall be limited to 2 staff and 4 "visitor" parMng slots. Off-street parking shall be provided in accordance with Section 11-13-5 of the City of Meridian Zoning and Development Ordinance. Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4.D. and 11-13-4.E. of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. The MFD shall make the final determination of allowable children at the time of their occupancy inspection. The Applicant shall remove any existing asphalt in the front yard that is beyond the 30-foot maximum driveway width (or whatever ACHD allows) prior to issuance of the C.O. A minimum 1 O-foot wide landscaped buffer area shall be provided along Broadway behind the future sidewalk and east of the asphalt driveway. In order to prevent headlight glare into the front yards of properties to the east, Applicant shall plant evergreen or woody shrubs or other appropriate form of solid screening along the eastern edge of the new asphalt parldng area. The screening shall be at least three (3) feet tall at the time of planting and shall be in place prior to issuance of the Certificate of Occupancy. An ADA-approved handicap parking sign shall be installed in front of the accessible stall in the parking lot. Applicant shall provide a solid screening of the adjacent properties to the north, east and west to protect children from adverse impacts and to provide a visual and sound buffer between properties. Applicant shall clarify the type and height of fencing proposed along the east and west sides of the rear play area with Staff. 2.8 The child care center shall not adversely impact surrounding residential properties due to children's noise, traffic and other activities. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - DAHL AND JANET TORGENSEN - CHILD CARE CENTER FOR 24 CHILDREN (cu~-00-058) PAGE 2 OF 6 2.9 2.10 2.11 Applicant shall keep all outside play areas free of noxious weeds. A Certificate of Occupancy (C.O.) for the childcare center is required prior to operation signed by representatives of the Fire Department, Building Department and Planning & Zoning Department. Applicant shall secure and maintain a child care license from the idaho State Department of Health and Welfare-Child Care Licensing Division, a copy of which shall be provided to the City of Meridian at the time of P&Z Department's C.O. inspection, and which shall be on-site for City inspection at all times. 2.12 2.13 2.14 2.15 2.16 Applicant shall ensure that immunization of all children is verified prior to acceptance into program. Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating. Operation of daycare without proper approvals shall result in revocation of conditional use permit. Applicant shall comply with any other ACHD requirements now pending. A drainage plan designed by an architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4.C. 2.17 2.18 All outdoor trash and/or garbage collection areas shall be enclosed on at least three (3) sides in accordance with City Ordinance Section 11-12-1 .C. Coordinate trash enclosure locations and construction requirements with Sanitary Service Company (SSC) and provide a letter of approval from SSC to the Plamzing & Zoning Department prior to applying for building permits. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - DAHL AND JANET TORGENSEN - CHILD CARE CENTER FOR 24 CHILDREN (cup-00-058) PAGE 3 OF 6 2.19 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.20 In accordance with City Ordinance I 1-13-4.B.2., underground year-round pressurized irrigation shall be provided to all landscape areas on site. Applicant shall submit hook-up and design details based on the proposed landscaping. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the landscaped areas. Adopt the Recommendations of Sanitary Services as follows: 2.21 Residential waste cans shall be placed at the curb, and commercial can rates shall apply. Adopt the Reconunendations of the Central District Health Department as follows: 2.22 Plans shall be submitted for the child care center for plan review. Adopt the Recommendations of the Ada County Highway District as follows: 2.23 Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Broadway Avenue abutting the entire parcel. 2.24 The existing driveway width and location is approved with this application. 2.25 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. 2.26 Requests for appeals to the ACHD shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. 2.27 Requests for appeals to the ACHD for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - DAHL AND JANET TORGENSEN - CHILD CARE CENTER FOR 24 CHILDREN (cuP-00-058) PAGE 4 OF 6 2.28 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance # 193. 2.29 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 2.30 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 2.31 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 2.32 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a wavier/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 2.33 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Adopt the Recommendations of the Central District Health Department as follows: 2.34 All codes shall be met. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - DAHL AND JANET TORGENSEN - CHILD CARE CENTER FOR 24 CHILDREN (CUP-00-058) PAGE 5 OF 6 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By,action of the City Council at its regular meeting held on the ~5~--day of .397 c , 2ooL Copy served upon Applicant, the Planning and Zoning Department, Public Works Dated: Department and City Attorney. City Clerk // ~' msg/Z:\WorkLM~Ieiidian~Ieridian 15360IVlgkBC Club CUPO58\CUPOrder.wpd ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - DAHL AND JANET TORGENSEN - CHILD CARE CENTER FOR 24 CHILDREN (CUP-00-058) PAGE 6 OF 6 PARCEL I: The West 68 feet of the North 110 feet of the South 130 feet of the following ~esoribed property: Beginning at a point 20 rods East of the Northwest corner of the Southeast Quarter of Section 12, Township 3 North, Range 1 West of the Boise Meridian in Ada county, xdaho; and running thence South parallel with the Meridian Line 40 rods; thence East 12 rode; thence N ~ · North parallel to the Heri41an Line 40 rods; and thence West ~2 ro~s to the PLACE OF BBGINNING PARCSL ~I~ That portion of land in the Northwest Quarter of the Southeast Quarter of section 12, Township 3 North, Range 1 west, more specifically ~es=ribed as follows: Beginning at the center of Section 12, Township 3 West of the Boise Meridian in Ada County, Idaho~ South 89°S0· East, 330.00 feet to e point; thence South 0"10' West, S30.00 feet to the REAL POINT thence , South 89"S0' ~ast, 68.00 feet; thence North 0~10' Bast, 30.00 feet; thence North SP"S0· West, 68.00 feet; thence SoUth 0~10' West, ~0.00 feet to the PLACE OF BB~INNIN~ North, Range thence OF BEGINNING;