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HomeMy WebLinkAboutSniffles N' Sneezes Care Center CUP-02-039 BEFORE THE MERIDIAN CITY COUNCIL CIC 01-07-03 IN THE MATTER OF THE ) APPLICATION OF JC ANDERSON ) COMPANY, FOR A CONDITIONAL ) USE PERMIT FOR A CARE ) CENTER FOR UP TO 30 MILDLY ) ILL CHILDREN, AGES 2-10 ) YEARS, IN THE 0- T ZONE, ) LOCATED AT 217 E. PINE ) STREET, (PORTION OF BUILDING ) AT 834 E. 2ND STREET), ) MERIDIAN, IDAHO Case No. CUP-02-039 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 January 7, 2003, and Brad Hawkins-Clark Interim Director for the Planning and Zoning Department, and Jared Anderson, appeared and testified, and no one appearing in opposition, and the City Council having received the staff report 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 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 7,2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers ofrecord within three hundred feet (300') of the external boundaries ofthe property under consideration more than fifteen (15) days prior to said hearing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GR.A.NTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER / JC ANDERSON, CO. - (CUP-02-039) - 1 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 all 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 January 7,2003, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe 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 9967-6509 and 67-6512; and Meridian City Code 9911-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Meridian City Code Title 11 and Title 12 and all current zoning maps thereof and the Amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at 217 East Pine Street, (portion of building at 834 E. 2nd Street), Meridian, Idaho. 5. The owner of record of the subject property is Red Canyon Corporation, 3420 Shadowhills Drive, Eagle, Idaho 83616. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER / Ie ANDERSON, CO. - (CUP-02-039) - 2 6. Applicant is IC Anderson Company, 623 E. Woodbury Drive, Meridian, Idaho 83642. 7. The subject property is currently zoned Old Town (0- T). The zoning district of 0- T is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7 -2. 8. The proposed application requests a conditional use permit for a care center for up to 30 mildly ill children, ages two to ten years old, staffed by nurses and certified nursing assistants. The O-T 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 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 Applicant, IC Anderson Company, is granted a conditional use permit for a care center for up to 30 mildly ill children, ages two to ten years old, staffed by nurses and certified nursing assistants, located at 217 East Pine Street, (portion of building at 834 E. 2nd Street), Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which is on file in the City of Meridian Clerk's office, which is located at 33 East Idaho Street, Meridian, Idaho, for the development of the aforementioned project. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER / IC ANDERSON, CO. - (CUP-02-039) - 3 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. A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Hours of operation shall be restricted to 6:00 AM until 8:00 PM. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1. All landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall prohibited and shall be removed upon 3 days notice to the applicant. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 5. The applicant shall meet the requirements ofthe Uniform Building Code for an E.Ill occupancy (daycare for more than 6 children a day) prior to occupancy of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER/ Ie ANDERSON, CO. - (CUP-02-039) - 4 building for daycare purposes. C. Adopt the Recommendations of Sanitary Service Company as follows: 1. Expand the existing waste enclosure to 10 feet (10') inside of gate posts for clearance to handle the increase in waste volume. (See #H from the action of the Council on 1-7-03 on this matter.) D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. A daycare is required to pass a fire inspection as outlined by the State Marshall's Office. 2. Meet the requirements of the 1997 Uniform Fire Code & Building Codes. E. Adopt the Comments of the Nampa & Meridian Irrigation District as follows: 1. The District's Hunter Lateral courses along the eastern boundary of the property. Any encroaclunents within the easement area of the Hunter Lateral without written approval and a signed License Agreement are unacceptable. F. Adopt the Recommendations of the Central District Health Department as follows: 1. The District requires submittal of plans for review for the child care center (for the care center). 2. The applicant shall be required to comply with any requirements presented by the Central District Health Department. G. Adopt the action ofthe City Council taken at their January 7, 2003 meeting as follows: 1. The applicant shall meet all of the licensing requirements of the State ofIdaho prior to begiIming operation, especially pertaining to the day care licensing requirements in terms of the square footage issues, worker licensing, and for criminal background checks. A copy of the State license shall be submitted to the Clerks 0 ffice for inclusion in the City's records. 2. The applicant shall not be required to install a larger dumpster (thereby eliminating one parking space) if applicant contracts with Sanitary Service Company for more frequent garbage pickups to accommodate the increased quantity of solid waste. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER / JC ANDERSON, CO. - (CUP-02-039) - 5 13. That the site is large enough to accommodate the requested the required parking (6 spaces), landscaping (through the alternative compliance section of the Landscape Ordinance), and other features required of a daycare use by this ordinance. 14. That the proposed use and development plan will be harmonious with the current Meridian Comprehensive Plan and in accordance with the requirements ofthis Ordinance; it is found that the current Comprehensive Plan Land Use Map designates the property as "Old Town", and which is currently zoned as "Old Town". It is found that the requested childcare use is a conditional use according to MCC 11-8-1. 15. It is found that the proposed development will not change the existing or intended character of the general vicinity (currently a mix of office, residential, commercial and quasi-public uses). 16. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. 17. 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. 18. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER! IC ANDERSON, CO. - (CUP-02-039) - 6 19. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 20. That the proposed use will not create significant interference with any traffic on the surrounding public streets as long as ACHD requirements are met and all approaches and traffic control measures are installed. 21. 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 by issuance of this conditional use. 22. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 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 ifthe proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions ofthe zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER / IC ANDERSON, CO. - (CUP-02-039) - 7 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 S 11-17. 3. Idaho Code g 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 Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 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 Applicant, JC Anderson Company, is granted a conditional use permit for a care center for up to 30 mildly ill children, ages two to ten years old, staffed by nurses and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER / JC ANDERSON, CO. - (CUP-02-039) - 8 certified nursing assistants, located at 217 East Pine Street, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file with the City Clerk's office at Meridian City Hall, 33 East Idaho, Meridian, for the development of the aforementioned projects. 2. The applicant is granted a conditional use permit for and subject to the following terms and conditions: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Hours of operation shall be restricted to 6:00 AM until 8:00 PM. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1. All landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adj acent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall prohibited and shall be removed upon 3 days notice to the applicant. 4. All construction and site improvements shall conform to the requirements ofthe Americans with Disabilities Act. 5. The applicant shall meet the requirements ofthe Uniform Building Code for an E.Ill occupancy (daycare for more than 6 children a day) prior to occupancy of the building for daycare purposes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER / IC ANDERSON, CO. - (CUP-02-039) - 9 C. Adopt the Recommendations of Sanitary Service Company as follows: 1. Expand the existing waste enclosure to 10 feet (10') inside of gate posts for clearance to handle the increase in waste volume. (See #H from the action of the Council on 1-7-03 on this matter.) D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. A daycare is required to pass a fire inspection as outlined by the State Marshall's Office. 2. Meet the requirements of the 1997 Uniform Fire Code & Building Codes. E. Adopt the Comments of the Nampa & Meridian Irrigation District as follows: 1. The District's Hunter Lateral courses along the eastern boundary of the property. Any encroachments within the easement area of the Hunter Lateral without written approval and a signed License Agreement are unacceptable. F. Adopt the Recommendations of the Central District Health Department as follows: 1. The District requires submittal of plans for review for the child care center (for the care center). 2. The applicant shall be required to comply with any requirements presented by the Central District Health Department. G. Adopt the action ofthe City Council taken at their January 7,2003 meeting as follows: 1. The applicant shall meet all of the licensing requirements of the State ofIdaho prior to begiIming operation, especially pertaining to the day care licensing requirements in terms of the square footage issues, worker licensing, and for criminal background checks. A copy of the State license shall be submitted to the Clerks office for inclusion in the City's records. 2. The applicant shall not be required to install a larger dumpster (thereby eliminating one parking space) if applicant contracts with Sanitary Service Company for more frequent garbage pickups to accommodate the increased quantity of solid waste. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER / JC ANDERSON, CO. - (CUP-02-039) - 10 3. That the City Attorney draft an Order Granting Conditional Use Pennit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, 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 9 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 pennit 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 11 ~ day of da/1ct~r(t- ,2003. ROLL CALL COUNCILMAN BIRD VOTED~ VOTED~ VOTED~ VOTED~ COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS COUNCILMAN NARY FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER f IC ANDERSON, CO. - (CUP-02-039) - 11 MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 1-14--() '3 APPROVED:~ VOTED MOTION: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. BY:'~~~y. City Clerk I Dated: ~ :::- Z:\Work\M\Meridian\Meridian I 5360M\Sniffies 'n Sneezes Care CenlerCUP.02.039\CUPFfClsOrdDec.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS SNIFFLES 'N SNEEZES CARE CENTER / JC ANDERSON, CO. - (CUP-02-039) - 12 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF ) JC ANDERSON COMPANY, FOR A CONDITIONAL ) USE PERMIT FOR A CARE CENTER FOR UP TO ) 30 MILDLY ILL CHILDREN, AGES 2~10 YEARS ) OLD, IN O-T ZONE, LOCATED AT 217 EAST PINE ) STREET, MERIDIAN, IDAHO ) ) ) ) C/C 01-07-03 CASE NO. CUP-02-039 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 71h day of January, 2003, 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 Applicant, JC Anderson Company, is granted a conditional use for a care center for up to 30 mildly ill children, ages two to ten years old, staffed by nurses and certified nursing assistants, located at 217 East Pine Street, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit for a care center for up to 30 mildly ill children, ages two to ten years old, staffed by nurses and certified nursing assistants, located at 217 East Pine Street, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. Hours of operation shall be restricted to 6:00 AM until 8:00 PM. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - IC ANDERSON COMPANY CARE CENTER FOR UP TO 30 MILDLY ILL CHILDREN (CUP-02-039) 1 ( B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Site Specific Requirements 1. All landscaping shall be continuously maintained and any dead or dying vegetation shall be replaced upon request from the City. 2. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 3. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall prohibited and shall be removed upon 3 days notice to the applicant. 4. All construction and site improvements shall conform to the requirements ofthe Americans with Disabilities Act. 5. The applicant shall meet the requirements of the Uniform Building Code for an E.III occupancy (daycare for more than 6 children a day) prior to occupancy of the building for daycare purposes. C. Adopt the Recommendations of Sanitary Service Company as follows: 1. Expand the existing waste enclosure to 10 feet (10') inside of gate posts for clearance to handle the increase in waste volume. (See #H from the action of the Council on 1-7-03 on this matter.) D. Adopt the Recommendations ofthe Meridian Fire Department as follows: 1. A daycare is required to pass a fire inspection as outlined by the State Marshall's Office. 2. Meet the requirements of the 1997 Uniform Fire Code & Building Codes. E. Adopt the Comments of the Nampa & Meridian Inigation District as follows: 1. The District's Hunter Lateral courses along the eastern boundary of the property. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - Je ANDERSON COMPANY CARE CENTER FOR UP TO 30 MILDLY ILL CHILDREN (CUP-02-039) 2 Any encroachments within the easement area of the Hunter Lateral without written approval and a signed License Agreement are unacceptable. F. Adopt the Recommendations of the Central District Health Department as follows: 1. The District requires submittal of plans for review for the child care center (for the care center). 2. The applicant shall be required to comply with any requirements presented by the Central District Health Department. G. Adopt the action of the City Council taken at their January 7,2003 meeting as follows: 1. The applicant shall meet all of the licensing requirements of the State ofIdaho prior to begiIming operation, especially pertaining to the day care licensing requirements in terms of the square footage issues, worker licensing, and for criminal background checks. A copy of the State license shall be submitted to the Clerks office for inclusion in the City's records. 2. The applicant shall not be required to install a larger dumpster (thereby eliminating one parking space) if applicant contracts with Sanitary Service Company for more frequent garbage pickups to accommodate the increased quantity of solid waste. 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. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code S 11-17-8, a copy of which is attached to the permit. By action ofthe City Council at its regular meeting held on the -'-1!!day of ~1t1A.. c:vz..~ } 2003. v ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT" JC ANDERSON COMPANY CARE CENTER FOR UP TO 30 MILDLY ILL CHILDREN (CUP-02-039) 3 Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. 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