HomeMy WebLinkAboutBearly Grown Child Care CUP-06-016
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND DECISION & ORDER
RECFjIVEI)
J"f 1 2 2006
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In the Matter of Conditional Use Permit for a Day Care
Center on 0.37 Acres in the L-O District, by Justin and Katie Fish
Case No(s).: CUP-06-016
For the Planning & Zoning Commission Hearing Date of: June 1, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of June 1, 2006 incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of June 1,2006 incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of June 1,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of June 1, 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. 967-6503).
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 9
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.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-16 - PAGE 1 of 4
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 June 1,2006 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 S II-SA and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
1. The applicant's Site Plans as evidenced by having submitted the Site Plans C1.0 dated
October 14, 2004, and April 14, 2006 is hereby conditionally approved; and,
2. The following modifications to site specific conditions were made at the Planning &
Zoning Commission hearing: Condition 1.5 should read: "The hours of operation for
this business shall be limited from 6:00 a.m. to 11 :00 p.m."
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of June I, 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 contiguouSo-segments or multiple
phases, such phases shall be constructed within successive1m:ervals of one (1}year
from the original date of approval. If the successive Pl1Mes.:.are not submittedwJthin the
one (1) year interval, the conditional approval of the futllre.rmases shall be.nulLand
void. Upon written request and filed by the applicant prio.t~t{j,the termination of the
period in accord with II-5B-6.G.I, the Director may authOrize a single extension ofthe
time to commence the use not to exceed one (1) eightee!l~ month period;AQ:ditional
time extensions up to eighteen (18) months as determinctl:~ approved bythe~~:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISIg~_& ORDER
CASE NO(S). CUP-06-16 - PAGE 2 of 4
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 of the City of
Meridian, pursuant to Idaho Code 9 67-6S2I 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 June 1,2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-16 - PAGE 3 of 4
By action ofthe Planning & Zoning Commission at its regular meeting held on the /5R
day of ----ftvl"lL> , 2006.
COMMISSIONER MICHAEL ROHM
(CHAIR)
VOTED oj,) Serlt
COMMISSIONER DAVID MOE
VOTED~
COMMISSIONER WENDY NEWTON-HUCKABAY
VOTED . aG ~+-
COMMISSIONER KEITH BORUP
VOTED-4-
COMMISSIONER DA VID ZAREMBA VOTED ~
lU{A2()L
CHAIRMAN MICHAEL ROHM
Attest:
Attorney.
8hCill rn Sr'VU.Jtv
Dated: 0 to -- (9 -U0
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-16 - PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 1,2006
STAFF REPORT
TO:
FROM:
Hearing Date: 6/1/2006
Planning & Zoning Commission
Jenny Veatch
Associate City Planner
208-884.5533
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SUBJECT:
Bearly Grown Child Care
. Cup.06-0I6
Conditional Use Permit for a Day Care Center on 0.37 Acres in the L-O
District, by Justin and Katie Fish.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicants, Justin and Katie Fish., are requesting Conditional Use Permit (CUP) approval to operate a
child care center for approximately 58 children. The proposed child care center will be located within a
3,100 square foot building on a 0.37 acre lot within Brockton Subdivision. The applicant is proposing to
provide approximately 3,500 square feet of play area, and provide 11 parent and employee parking
spaces. The site is located at 3665 N. Locust Grove Road, Lot 6 Block 1 of the Brocton Subdivision. The
property is currently zoned L-Q (Light.Office.) Day care facilities are a principally permitted use in the
L-O zone; however, the approval ofthe Brockton Subdivision required that all structures be consistent
with concept elevations (photographs) or be subject to conditional use approval. Because the proposed
structure is not consistent with the concept elevations, the applicant is requesting conditional use
approval.
2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the
item on June 1, 2006. At the public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: Justin and Katie Fish
11. In opposition: None
iii. Commenting: None
lV. Staff presenting application: Jenny Veatch
v. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. Hours of operation;
ii. Additional architectural detail and windows on east elevation.
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 11 :00 p.m.
d. Outstanding Issue(s) for City Council:
i. None
Below, staff has provided detailed analysis and reconunended conditions of approval for the requested
Conditional Use Permit application. The Planninl! & Zoninl! Commission voted to approve the subiect
application. CUP-06-I6. with the conditions contained in Exhibit B.
Beady Grown Child Care CUP-06-016
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 1,2006
3. PROPOSED MOTIONS
Approval
I move to approve File Number CUP-06-0l6 as presented in the staff report for the hearing date
of June 1,2006, and the site plans labeled CI.O, dated October 4,2004 and April 14, 2006 with
the following modifications to the conditions of approval: (add any proposed modifications). I
further move to direct staff to prepare an appropriate fmdings document to be considered at the
next Planning and Commission hearing on June 15,2006.
Denial
I move to deny File Number CUP-06-0 16 as presented in the staff report for the hearing date of
June 1, 2006, for the following reasons: (you must state specific reasons for denial.) I further
move to direct staff to prepare an appropriate fmdings document to be considered at the next
Planning and Commission hearing on June 15,2006.
Recommend Continuance
I move to continue File Number CUP-06-016 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:
3665 N. Locust Grove Road Ion the west side of Locust Grove Road, approximately ~
mile north of Us tick Road, Section 31, T4N RIE
b. Owner:
Buckaroo, LLC
2873 West Wind Drive
Eagle, ill 83616
c. Applicant:
Justin and Katie Fish
3920 N. Elsinore Way
Meridian, ill 83642
d. Representative: Katie Fish and Victoria Moorhouse, McCarter-Moorhouse Co., Inc.
e. Present Zoning: L-O
f. Present Comprehensive Plan Designation: Mixed Use - Neighborhood (Neighborhood Center)
g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit
approval to operate a child care center for approximately 58 children, ages zero to ten years
old. The proposed child care center will be located within a 3,100 square foot building on a
0.37 acre parcel within Brockton Subdivision (Parcel #R1090760060). The applicant is
proposing to provide approximately 3,500 square feet of play area, and provide 11 parent and
employee parking spaces.
1. Date of CUP site plan (attached in Exhibit A): October 4,2004, and April 14, 2006
2. Date of Landscape plan (attached in Exhibit A): October 8, 2004 and April 14, 2006
3. Date of Building Elevations (attached as Exhibit A): April 6, 2006
Beady Grown Child Care CUP-06-016
PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 1,2006
h. Applicant's Statement/Justification: Beady Grown Care Center is a family owned and
operated business established in 1966 in Mesa, Arizona and based in Boise, Idaho since 2001.
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 determined by City
Ordinance. By reason of the provisions ofUDC II-5B~6, a public hearing is required before
the City Council on this matter.
b. Newspaper notifications published on: May 15th and May 19th, 2006
c. Radius notices mailed to properties within 300 feet on: May 5th, 2006
d. Applicant posted notice on site by: May 20th, 2006
6. LAND USE
a. Existing Land Use(s): Bare land.
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: Single-family home on 1.2 acres, zoned RUT (Ada County)
2. East: Meridian Charter Schooll Single-family homes (Summerfield Subdivision)
zoned R-4
3. South: Meridian Fire Station, zoned L-O/ Single-family home, zoned RUT (Ada
County)
4. West: Heritage (Quenzer) Commons Subdivision, zoned R-8
d. History of Previous Actions: Brockton Subdivision Annexation and Zoning (AZ-04-0 1 0),
Preliminary Plat (PP-04-013), Conditional Use Permit (CUP-04-012) approved in 2004;
Brockton Subdivision Final Plat approved in 2004 (FP-04-068).
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. CanalslDitches Irrigation: N/ A
5. Hazards: N/A
6. Existing Zoning: L-O
7. Size of Property: 0.37 acres
f. Conditional Use Infonnation:
1. Non-residential square footage: 3,100 square foot building
Bearly Grown Child Care CUP-06-016
PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 1,2006
2. Existing building height: 16 feet, 3 inches
3. Number of Residential units: 0
g. Off-Street Parking:
1. Parking spaces required: 6
2. Parking spaces proposed: 11
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 E. Summeridge Drive to
the east, off ofN. Locust Grove Road. There is an existing cross parking/cross access
agreement for the lots within the Brockton subdivision.
7. COMMENTS MEETING
On May 12, 2006 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 ofthe 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 Permit 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, medical/dental clinics, retail/gift shops, schools, parks,
churches, clubhouses, public uses.
. Require that development projects have planned for the provision of all public services.
(Chapter VII, Goal ill, 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:
. Sanitary sewer and water service will be extended to the project at the
developer's expense.
Bearly Grown Child Care CUP-06-016
PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 1,2006
. 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 Sheriffs
Office. 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 IV, Objective C, Action I)
The applicant is proposing a child care center 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 fencing, 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 new access to Locust Grove Road with the subject
application. All vehicular access will be taken from the existing driveways to({rom
E.Summeridge 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.
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
Bearly Grown Child Care CUP-06-0l6
PAGE 5
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 1, 2006
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 II-2B-2lists the permitted, accessory,
and conditional uses in the L-O zoning district. Day care centers are permitted in the L-O
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.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
UDC 11-4-3.9 lists 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 58 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 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
parking is designated on the southwest side of the site. Staff recommends that the applicant
be required to install signs on both sides of the entrance to the parking 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. All parents/guardians should be required to park in a stall and go
in to pick-up the children. Staff believes that this will alleviate the potential problem of
children crossing the drive-aisle and getting run over.
3. The decision-making body shall specify the maximum number of allowable clients and hours
of operation as conditions of approval.
Staff recommends that the Commission allow up to 58 children to use the subject facility, as
requested. Staff further recommends that the hours of operation for this business be limited
from 7:00 a.m. to 6:30 p.m. NOTE: The applicant stated that the hours of operation are
expected to be from 7:00 a.m. to 6:00 p.m. Staff recommends that an additional 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.
Beady Grown Child Care CUP-06-016
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 1,2006
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.rn. 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 exit/entry by small children and to screen abutting properties. The
fencing material shall meet the swinuning pool fence requirements of the Building Code in
accord with Title 10 of the Meridian City Municipal Code.
There is an existing 6- foot tall cedar fence on the south side of the 3,115 square foot outdoor
play area. The applicant is also proposing a 400 square foot play area to the north of the
building. The Police Department has concerns with installation of a solid fence along the west
and east side of the south play area, as well as the north, west, and east sides of the north play
area. The applicant is required to construct a 6.foot tall fence. in accordance with the
provision listed above. Staff recommends that along: the north. west and east sides of the plav
areas the fence 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.
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.
Site Plan: The UDC does not establish minimwn play area requirements for day care facilities.
Staff feels there is ample outdoor play area provided for 58 children.
The applicant is a perspective tenant within the existing Brockton Subdivision. The construction
materials of stucco, cultured stone and architectural shingles shown in the elevation plan meet the
Brockton Subdivision material list on file with the Planning and Zoning Department. However,
Staff feels the elevation and design of the building should be articulated more to substantiallv
complv with the Brockton Subdivision standards. The eight photos/ elevations from the Brockton
Subdivision show enhanced architectural character.
Staff recommends the applicant provide detailed variations in the roof planes and lines bv:
a. extending the overhang; of the eaves;
b. having two or more roof planes;
c. varying; parapet heig;hts; and/or
d. adding; cornices.
The east side of the building, visible from N. Locust Grove Road, should incorporate more
modulations in the fayade, roof line recesses and projections as it is more visible on the public
street. It should represent the intended character of the subdivision and surrounding area.
Staff suggests the applicant clearlv derme the primary public entrance on the west side of the
building: using an arcade similar to the ones demonstrated in the Brockton photos/elevations.
Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC)
permit 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
Bearly Grown Child Care CUP-06-016
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 1,2006
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 of CUP-06-0 16 for Beady Grown Child
Care Center as presented in the Staff Report for the hearing date of June 1, 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. EXHmITS
A. Drawings
1. Date of CUP Site Plan (2 Pages): October 4, 2004, and April 14, 2006
2. Date of Landscape plan: April 14, 2006
3. Date of Building Elevations: April 6, 2006
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Services
6. Central District Health Department- Environmental Health Division
7. Ada County Highway District
C. Required Findings from Unified Development Code
Bearly Grown Child Care CUP-06-016
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 1,2006
A. Drawings
1. CUP (Brockton Subdivision) Site Plan C.IO (dated October 4,2004)
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2. CUP Landscape Plan (Dated April 14, 2006)
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Exhibit A Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 1,2006
3. Building Elevations (dated: April 6, 2006)
Exhibit A Page 3
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 1,2006
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant shall comply with all conditions of approval for Brockton Subdivision Final Plat
(FP-04-068); Annexation and Zoning (AZ-04-006), Preliminary Plat (PP-04-007), and
Conditional Use Permit (CUP-02-007) approval of Brockton Subdivision.
In particular, the construction materials, elevation and design of the building shall meet the
standards ofthe Brockton Subdivision. The applicant shall articulate the elevation and design of
the building more to comply with the Brockton Subdivision standards.
1.2 The applicant shall be allowed to care for up to 58 children per day.
1.3 On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge
and pickup of clients.
1.4 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".
1.5 The hours of operation for this business shall be limited from 7:00 a.m. to ~:30 p.m. 6:00 a.m. to
11:00 D.m.
1.6 Prior to operation of the day care facility, the applicant or owner shall secure and maintain a
Basic Day Care License from the State ofIdaho 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.
1.7 The applicant is required to construct a minimum six-foot (6') non-scalable fence to secure
against exit/entry by small children and to screen abutting properties. Fencing on the north, west
and east sides of the outdoor play areas should be six-foot tall (6'), open-vision, and a non-
climbable material. 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.
1.8 Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any
required yard.
1.9 Outdoor play area(s) shall not be used after dusk.
1.10 To ensure that all of the conditions of approval for CUP-06-0l6 are complied with, the applicant
shall be required to obtain a Certificate of Zoning Compliance (CZC) permit, and occupancy,
from the Planning Department prior to operation of the day care facility.
1.11 The applicant shall have a maximum of 18 months to commence the use as permitted in accord
with the conditions of approval listed above. If the business has not begun within 18 months of
approval, a new conditional use permit must be obtained prior to operation.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer and water service will be from existing service stubs to this building pad.
2.2 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat.
2.3 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.4 Compaction test results shall be submitted to the Meridian Building Department for all building
Exhibit B Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 1,2006
pads receiving engineered backfill, where footing would sit atop fill material.
3. FIRE DEPARTMENT
3.1 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 specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
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.
3.2 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.
3.3 The Brockton Subdivision office/connnerciallots lot will have an unknown transient population and
will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire
Department has experienced 2612 responses in the year 2004. According to a report completed by
Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in
the year 2005 and 3800 by the year 2010.
3.4 Provide a Knox box entry system for the complex prior to occupancy.
3.5 The applicant shall work with Planning Department staff to provide an address identification plan
and a sign which meets the requirements of the City of Meridian sign ordinance at the required
intersection(s ).
3.6 Provide exterior egress lighting as required by the International Building & Fire Codes.
3.7 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3 .1.1 or 903.3 .1.2, the distance requirement shall be 600 feet
(183 m).
3.8 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.
3.9 There shall be a fire hydrant within 100' of all Fire Department connections.
3.10 A fire sprinkler system will be required for this occupancy. Contact the Fire Marshall at 888-1234
for more details.
Exhibit B Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 1,2006
3.11 An alarm system and panic system will be required for this occupancy. Contact the Fire Marshall
at 888-1234 for more details.
4. POLICE DEPARTMENT
4.1 Fencing along the north, west and east sides of the outdoor play areas are to be open-vision.
5. SANITARY SERVICES
5 .1 Waste enclosure Pad: The applicant shall provide a concrete pad inside of all enclosures.
5.2 Waste enclosure aprons: The applicant shall provide an 8 ft. concrete apron in front of all waste
enclosures greater than 6 and/or 8 cubic yards.
5.3 Waste enclosure gate locks: The applicant shall provide gate locks for both open and closed
positions.
5.4 Waste enclosure dimensions: The applicant shall provide a minimum of 10 ft. clearance inside of
the enclosure gates with the gates in the open position.
5.5 Waste enclosure bumpers or stops: The applicant shall provide bumpers or stops inside of the
enclosure to prevent the container from damaging enclosure walls and gates.
6. CENTRAL DISTRICT HEALTH DEPARTMENT- ENVIRONMENTAL HEALTH DIVISION
6.1 Applicant will submit plans for child care center to Central District Health Department for
review.
6.2 Contact Susan Simmons at CDHD for licensure requirements.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 On May 5,2004, the Ada County Highway District Commission acted on MPP04vOI3/MAZ04-
01O/MCUP04-0I2 for Brockton Subdivision. The conditions and requirements also apply to
MCUP-06vOI6.
7.2 Prior to ftnal approval you will need to submit plans to the ACHD Development Review
Department.
Exhibit B Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 1,2006
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. Staff 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 II-3C-6). Per this requirement, 6 stalls are required. There are 11
parking stalls provided on this site, with designated handicap accessible stalls. This provision
exceeds the City's minimum parking stall ratio. Stafffmds that the project should have ample
parking.
Staff finds that the subject property is large enough to accommodate the required yards
(setbacks), parking, landscaping and other features required by the ordinance. Staff recommends
the Commission rely on Staff's analysis, and any oral or written public testimony provided when
determining if this site is large enough to accommodate the proposed use.
The architectural design is not of the same quality as the concept elevations presented with the
Brockton Subdivision. Staff has noted the discrepancies between the proposed and concept
elevations within the staff report analysis. The concept elevations could be considered
development regulations pertaining to the site.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
Staff finds that the designated Comprehensive Designation for this property is Mixed Use-
Neighborhood. The property is existing light office zoning (L-O) and is consistent with the
Comprehensive Plan for this area. The proposed use is generally hannonious 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.
Staff is generally supportive of the site plan design; this design has been previously approved by
the City. Within the text ofthe Comprehensive Plan, day cares are used as examples uses for
mixed use - neighborhood areas.
Staff 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.
Exhibit C Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 1,2006
As noted previously, the architectural design is not ofthe same quality as the concept elevations.
Staff has noted the discrepancies between the proposed and concept elevations within the staff
report analysis. If this structure is built as proposed, it could be incompatible with the other
structures in the subdivision.
4. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
Staff 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 determine 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 fire protection, drainage
structures, refuse disposal, water, and sewer.
Staff finds that sanitary sewer, domestic water, refuse disposal, and inigation 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, staff fmds 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. Staff
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.
Staff recognizes that traffic and noise will increase with the approval of a day care facility in this
location; however, staff does not believe that the amount generated will be detrimental to the
general welfare of the public. Staff does not anticipate the proposed use will create excessive
noise, smoke, fumes, glare, or odors. Staff finds that the proposed use will not be detrimental to
people, property or the general welfare ofthe 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.
Staff fmds that there should not be any health, safety or environmental problems associated with
this subdivision that should be brought to the Commission's attention. Staff 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