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HomeMy WebLinkAboutZ - Approved Findings CITY OF MERIDIAN w IDIAN;--- FINDINGS OF FACT, CONCLUSIONS OF LAW AND ! DAHO DECISION& ORDER In the Matter of the Request for Conditional Use Permit for Treasure Valley Law Enforcement Childcare,Located at 1085 S. Ten Mile Road in the M-E Zoning District,by Elizabeth Allen. Case No(s).H-2024-0030 For the Planning& Zoning Commission Hearing Date of: September 5th 2024 (Findings on September 19th 2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of 09/05/2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of 09/05/2024,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of 09/05/2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of 09/19/2024, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian Planning&Zoning Commission 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 April 19,2011,Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 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. 6. That the City has granted an order of approval in accordance with this decision,which shall be signed by the Chairman of the Commission 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. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page 1 [106] 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of 09/05/2024,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the Planning&Zoning Commission's authority as provided in Meridian City Code § 11- 5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of 09/05/2024, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two(2)Year Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City in accord with UDC 11-5B-6F.1. 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 signed by the City Engineer within this two(2)year period in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.F.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as determined and approved by the Commission may be granted. With all extensions,the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of 09/05/2024. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page 2 [107] By action of the Planning&Zoning Commission at its regular meeting held on the 19th day of September,2024. COMMISSIONER MARIA LORCHER, CHAIRMAN VOTED COMMISSIONER JARED SMITH,VICE CHAIRMAN VOTED COMMISSIONER BRIAN GARRETT VOTED COMMISSIONER ANDREW SEAL VOTED COMMISSIONER PATRICK GRACE VOTED COMMISSIONER MATTHEW SANDOVAL VOTED COMMISSIONER ENRIQUE RIVERA VOTED Maria Lorcher, Chairman 9-19-2024 Attest: Chris Johnson, City Clerk 9-19-2024 Copy served upon the Applicant, the Planning and Development Services divisions of the Community Development Department,the Public Works Department and the City Attorney. 9-19-2024 By: Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page 3 [108] EXHIBIT A COMMUNITY DEVELOPMENT C��fEFIDIAN*,- DEPARTMENT REPORT A H O HEARING 9/5/2024 legend DATE: Project Location TO: Planning&Zoning Commission .Area of Impact = City Limits Z FROM: Nick Napoli,Associate Planner ®Analysis 208-884-5533 � . - = ti nnapoli@meridiancity.org fl APPLICANT: Elizabeth Allen SUBJECT: H-2024-0030 Treasure Valley Law Enforcement Childcare - o LOCATION: 1085 S. Ten Mile Rd., in the SW 1/4 of - Section 15, T.3N., RAW. I. PROJECT OVERVIEW A. Summary Conditional Use Permit to construct and operate a 7,504 square foot daycare center in the M-E zoning district,by Ball Ventures Ahlquist. B. Recommendation Staff. Approval with conditions. C. Decision Commission: Approved 11. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s)/Proposed Vacant/undeveloped/daycare Use Existing Zoning Mixed Employment (M-E) VII.A.2 Future Land Use Designation High Density Employment(HE) in the Ten Mile VII.A.3 Interchange Specific Area Plan (TMISAP) Table 2: Process Facts Description Details Preapplication Meeting date 4/19/2024 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page 4 F1 Description I Details Neighborhood Meeting 15/1/2024 Site posting date 8/21/2024 Table 3: Community Metrics Agency/Element I Description/Issue I Reference Ada County Highway District - • Comments Received Yes - • Commission Action No - Required • Access W. Grand Mogul Drive/S. La Vista Drive (private) - • ITD Comments Received No (NA) - Meridian Fire Distance to Station #6: 2.4 miles - Response Time: 3 minutes Meridian Public Works Distance to Mainline: Will be available at site when IV.A.12 Wastewater Grand Mogul is extended along north boundary. Impacts or Concerns: No Meridian Public Works Water Distance to Mainline: Will be available at site when IV.A.12 Grand Mogul is extended along north boundary. Impacts or Concerns: No See City/Agency Comments and Conditions in Section IV and in the public record for all comments received. III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The subject site is currently designated High Density Employment on the future land use map (FLUM). This designation is part of the Ten Mile Interchange Specific Area Plan(TMISAP) which promotes a variety of employment in the area. The existing development agreement anticipates this property developing with a mix of commercial and light manufacturing uses. The proposed development plan is generally consistent with the conceptual development plan included in the DA,as required. Land Use Types in High Density Employment: - Corporate,business and professional offices - Research facilities and laboratories - Complementary uses primarily serving district employees and users, such as business services, conference centers, child care,restaurants, convenience retail,and hotels and motels. The current zoning is M-E(Mixed Employment)was established with the Vanguard Village Rezone(H-2021-0081). The proposed daycare use contributes to the mix of land use types desired in the High Density Employment designation in the Ten Mile Interchange Specific Area Plan(TMISAP),which include commercial uses. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page 5 11,01 Table 4: Project Overview Description Details History AZ-09-008 Meridian Crossing [Ord. #10-1467, Development Agreement(DA) Inst.#110115738]; H-2021-0081 Vanguard Village (MDA, RZ, PP, CUP—DA Inst.#2022-0497799); H-2023-0072 Vanguard Village (MDA—DA is not yet recorded); A-2024-0088 PS; FP-2024-0012 Vanguard Village No. 1—FP (not yet approved or recorded); H-2023-0071 District at Ten Mile (CPAM, MDA, PP, RZ) Physical Features Williams Pipeline Acreage 1.12 Acres B. History and Process There is a development agreement in effect for this property that governs future development (Vanguard Village Inst. #2022-0497799).An amendment to the agreement was recently approved but has not yet been recorded. A preliminary plat was previously approved that includes the subject property; a final plat application has been submitted but has not yet been approved. The final plat shall be recorded prior to issuance of a certificate of occupancy. A rezone, comprehensive plan map amendment, and amendment to the development agreement(H-2023- 0071)was recently approved by Commission and is awaiting City Council action. C. Site Development and Use Analysis 1. Proposed Use Analysis (UDC 11-2): Goal 2.04.01A of the Comp Plan emphasizes the importance of supporting a network of public resources, schools, community centers and other public facilities that address the city's educational and training needs. The 7,504 square foot daycare facility will provide valuable childcare for our law enforcement officers across the valley. The UDC(Table 11-2B-2)lists daycare uses as an allowed use with a conditional use permit in the M-E zoning district; compliance with the specific use standards for such in UDC 11-4- 3-9 is required. 2. Dimensional Standards (UDC 11-2): Future development is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the M-E zoning district. 3. Specific Use Standards (UDC 11-4-3): 11-4-3-9.—Daycare Facility. a. General standards for all child daycare and adult care uses, including the classifications of daycare center; daycare, family; and daycare, group. i. In determining the type of daycare facility, the total number of children at the facility at one time, including the operator's children, is the determining factor. The applicant is proposing a daycare with 84 children as the scope of work. This designates the use as a daycare facility. ii. On-site vehicle pick-up,parking, and turnaround areas shall be provided to ensure safe discharge and pick up of clients. The applicant is proposing a pick- up area for children that meets this requirement. However, staff has found that many daycares require parents to check in/out their children. As a result, the CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] ■ Page 6 applicant shall Stripe the loading zone as parallel parking(9'x 23) and install a planter island with a bulb out to match the southern portion of the loading zone. iii. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. The applicant is proposing 84 children being watched at any one time by 18 staff members. City staff recommends the Commission allow up to 125 children to provide flexibility for the user as the Treasure Valley continues to grow (in case of a future expansion). Additionally, the proposed hours of operation are S:00 am and 10:00 pm. iv. The applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by Title 39, Chapter 11, Idaho Code. Said proof shall be provided prior to issuance of certificate of occupancy. The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. b. The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title,whichever is more restrictive. c. Additional standards for daycare facilities that serve children. i. All outdoor play areas shall be completely enclosed by minimum six-foot nonscalable fences to secure against exit/entry by small children and to screen abutting properties. The applicant shall submit a fencing detail with the submittal for a Certificate of Zoning Compliance. ii. Outdoor play equipment over six(6) feet high shall not be located in a front yard or within any required yard. N/A iii. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. N/A D. Design Standards Analysis 1. Structure and Site Design Standards (Comp Plan, UDC 11-3A-19): Goal 5.01.02D of the Comp Plan emphasizes the importance of building design, and landscaping elements to buffer, screen,beautify, and integrate commercial,multifamily, and parking lots into existing neighborhoods. Buildings are required to be designed in accord with the design standards in the Architectural Standards Manual and TMISAP. See Section III.D.4 See below for more information on design requirements. The proposed development plan complies with the parking lot design standards. However, due to this development being the first in the subdivision staff has concerns about the future parking to the west not being installed. The applicant has indicated there may be a building in the proposed future parking but nothing has been solidified. Given that offsite improvements are already being made, staff recommends the entirety of the western parking area is installed.Additionally, staff is increasing the capacity for children from the applicant's proposed 75 to 125 to provide flexibility for the user as the Treasure Valley continues to grow(in case of a future expansion). By paving the additional parking, it will prevent overflow parking on unimproved surfaces and will provide better integration when the surrounding properties develop. Staff recommends the site and landscape plan be revised to include the future parking to the west with this application. Per UDC 11-3A-19B.4, a minimum 5-foot wide pedestrian walkway is required to be provided from the perimeter sidewalk to the main building entrances per UDC 11-3A-19B.4a. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page 7 112 The walkway is required to be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. 2. Landscaping (UDC 11-3B): i. Landscape buffers along streets The landscaping within the street buffers along I-84,W. Grand Mogul Drive and LaVista Lane should be installed with the subdivision improvements associated with Vanguard Village Subdivision No. 1. However,if they're not completed prior to the issuance of the first Certificate of Occupancy within this development,this developer should be responsible for these improvements as required with the final plat(FP-2024-0012). Review of the street buffer landscaping for consistency with UDC standards will take place with FP-2024-0012. Note: Although this site doesn't abut the future extension of W. Grand Mogul Drive,the larger(soon to be)lot does;therefore, street buffers are required on the larger(future) lot. ii. Parking lot landscaping Parking lot landscaping is required in accord with the standards listed in UDC 11-3B-8C. The applicant is required to add extra shrubs to all planter islands and plant one additional tree in the planter island with the fire hydrant(with a minimum of one tree per planter island). Requests for alternative compliance to this standard can be made as permitted under UDC 11-5B-5. Additionally,the applicant must remove two parking stalls from the southeast parking area adjacent to the trash enclosure to ensure sufficient ingress and egress. Lastly,the applicant should widen the planter island south of the trash enclosure to 5 feet(measured from inside of the curb)and meet the minimum requirement of 50 square feet. The site/landscape plans submitted with the Certificate of Zoning Compliance should be revised to comply with these standards. iii. Landscape buffers to adjoining uses No residential uses exist or are planned adjoining this site to the west or east;therefore, no buffers are required. iv. Tree preservation There are no existing trees on this site. Tree mitigation will not be required. v. Pathway landscaping Landscaping is required along the multi-use pathway running along the Williams pipeline in accord with the standards listed in UDC 11-3B-12C. A mix of trees,shrubs,lawn and/or vegetative groundcover should be provided; the landscape plan should be revised to include shrubs as required.This is being reviewed with the Vanguard Village No. 1 final plat application. 3. Parking (UDC 11-3C): Off-street vehicle parking is required in accord with the standards for commercial districts in UDC 11-3C-6B.1. Bicycle parking is required in accord with the standards listed in UDC 1I- 3C-6G and should comply with the design standards listed in UDC 11-3C-5C. i. Nonresidential parking analysis A minimum of one(1) space is required for every 500 s.f. of gross floor area. Based on the total square footage of the structures(i.e. 7,504 s.f.), a minimum of 15 spaces are CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page 8 113 required; 40 spaces are proposed.While this exceeds the required number of parking spaces, staff has concerns regarding the future parking to the west not being installed. With off-site improvements already being made, staff recommends the entirety of the western parking area is installed.Additionally, staff is increasing the capacity for children from the applicant's proposed 75 to 125 to provide flexibility for the user as the Treasure Valley continues to grow(in case of a future expansion). By paving the additional parking, it will prevent overflow parking on unimproved surfaces and will provide better integration when the surrounding properties develop. Staff recommends the site and landscape plan be revised to include the future parking to the west with this application. A loading zone is currently proposed along the front of the building without any stripping. The applicant shall stripe the loading zone as parallel parking(9' x 23') and install a planter island with a bulb out on the north portion of the loading zone to match the southern portion. ii. Bicycle parking analysis A minimum of one(1)bicycle parking space is required to be provided for every 25 proposed vehicle parking spaces or portion thereof;bicycle parking should be depicted on the plans in accord with this standard along with a detail of the rack that demonstrates compliance with the design standards. 4. Building Elevations (Comp Plan, Architectural Standards Manual): Goal 5.01.02D of the Comprehensive Plan underscores the significance of building design and landscaping in buffering, screening, beautifying, and integrating commercial, multifamily, and parking areas into existing neighborhoods. The elevations and renderings for the proposed structure, detailed in Section VILE below, are designed to facilitate a smooth transition from the I-84 corridor to the multi- family development to the north and from the industrial area to the west to the commercial users to the east. The neighboring buildings are expected to generally align with the proposed elevations for the daycare facility. However, the District has proposed their own design standards and if approved by Council these would govern the site. Standards: The architectural design of the proposed structures must adhere to the following standards: 1. Architectural Standards Manual: All designs must comply with the specifications outlined in the Architectural Standards Manual. 2. UDC 11-3A-19: Structures and site designs must meet the criteria listed in this section of the Unified Development Code. 3. Ten Mile Interchange Specific Area Plan (TMISAP): The design guidelines for the Mixed Employment(ME) designation, as detailed in the Application of the Design Elements table on page 3-49, must be followed. TMISAP Design Elements for HE Designated Areas Include: CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page 9 F1 • Architecture and Heritage (pg. 3-32): New buildings should incorporate architectural features and details that reflect the area's historical farming and dairy activities from around 1900. • Building Form and Character(pg. 3-37): The primary fagades of the buildings must include entries. Trash dumpsters should be located away from the primary fagades, ideally at the rear, and enclosed within screened structures with at least 6-foot-tall walls. Although the proposed structures are single-story, they achieve a taller form of 22 feet in height(note: the ME designation permits buildings of 1-4 stories). The base,body, and top of the buildings are defined through variations in color, step-backs, fenestration patterns, and parapet heights. Roof-mounted mechanical equipment must be screened from view by parapets, and flat roofs with varying parapet heights are proposed. • Signs (pg. 3-46): Signage should contribute to the overall character, identity, and wayfinding system. A separate sign permit is required. • Public Art (pg. 3-47): High-quality public art is encouraged in streetscapes, public buildings, parks, transit areas, and other public projects in the Ten Mile area. Given the industrial nature of this project,which lacks public spaces,public art is not recommended. The proposed elevations align with the Architectural Standards Manual and TMISAP guidelines. The applicant must apply for an administrative design review following the completion of the Conditional Use Permit (CUP)process. However, the District has proposed their own design standards and if approved by Council these would govern the site. 5. Fencing(UDC 11-3A-6, 11-3A-7): The applicant is proposing a 6-foot fence on the perimeter of the outdoor playground. This satisfies the height requirement from the daycare facility specific use standards in UDC 11-4- 3-9. However,the fence is required to be non-scalable.Fencing details shall be provided with the certificate of zoning compliance submittal. 6. Parkways (UDC 11-3A-17): Parkways are required to comply with the standards listed in UDC 11-3A-17E. E. Transportation Analysis 1. Access (UDC 11-3A-3): Goal 6.01.02B highlights the need to minimize the number of access points onto arterial streets by implementing strategies such as cross-access agreements, access management, and the development of frontage and backage roads,while also enhancing connectivity between local and collector streets. Access to the site is proposed via La Vista Lane,a private street still pending approval, connecting to the future extension of W. Grand Mogul Way, a collector street, along the northern boundary. To support future connectivity and comply with UDC 11-3A-3A.2, a cross-access easement should be established along the southeast boundary of the site for access to and from the parcel to the south. Additionally, an access easement should be granted to the future lot to the north to facilitate use of the private street and interconnectivity between lots. These easements may be accomplished through a note on the final plat or a separately recorded easement. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page10 [115] 2. Pathways and Multiuse Pathways (UDC 11-3A-8 and UDC 11-3A-5): Goals 4.04.01 and 4.04.02 of the Comprehensive Plan emphasize the importance of linking local pathways from neighborhoods to regional pathways in commercial and community areas. In line with these goals and the Pathways Master Plan, a 10-foot wide multi-use pathway is required along the Williams pipeline and must be constructed as part of the subdivision improvements for Vanguard Village. To facilitate this, a 14-foot wide public use easement(comprising a 10-foot pathway plus 2 feet on each side)must be submitted. Additionally,pathways must be constructed in accordance with the standards outlined in UDC 11-3A-8. A pathway connection should be established to the adjacent property to the north via the driveway stub to enhance interconnectivity. Sidewalks are also proposed along the private street adjacent to the east boundary to ensure comprehensive pedestrian access. 3. Sidewalks (UDC 11-3A-17): Sidewalks are required along all streets as set forth in UDC 11-3A-17. Sidewalks are proposed in accord with UDC standards. 4. Private Streets (UDC 11-3F-4): A private street(La Vista Lane)is proposed along the east boundary of the site. A private street application has been submitted(a-2024-0088)with the final plat application that's currently in process. F. Services Analysis 1. Waterways (UDC 11-3A-6): All waterways, except natural waterways, are required to be piped unless used as a water amenity or linear open space, in which case they may be left open as set forth in UDC 11-3A- 6. The Marvin Lateral lies along the south and west boundaries of this site within a 50-foot wide Nampa&Meridian Irrigation District(NMID) easement(20-feet left and 30-feet right) and should be piped. See comments from NMID in Section IV below. 2. Pressurized Irrigation (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided in each development as set forth in UDC 11-3A-15. 3. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in accord with the adopted standards, specifications and ordinances; design and construction shall follow Best Management Practice as adopted by the City per UDC 11-3A-18. 4. Utilities (Comp Plan, UDC 11-3A-21): Both the Plan and the UDC establish policy and regulations for extending and connecting to City utilities. Goal 3.03.03G of the Plan mandates urban infrastructure be provided for all new developments,including curb and gutter, sidewalks,water and sewer utilities. All utilities for the proposed development are required to be installed in accord with the standards listed in UDC 11-3A-21. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page 11 116 IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. The Applicant shall comply with all previous conditions of approval associated with this development [H-2021-0081 Vanguard Village(MDA,RZ,PP, CUP—DA Inst. #2022- 0497799); H-2023-0072 Vanguard Village(MDA); A-2024-0088 PS;FP-2024-0012 Vanguard Village No. 1 —(FP); H-2023-0071 District at Ten Mile(CPAM, RZ, PP,MDA); LDIR-2024-0026 and LDIR-2024-0018]. 2. The proposed use shall comply with the specific use standards listed in UDC 11-4-3-9. Daycare Facility. The applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by Title 39,Chapter 11, Idaho Code. Said proof shall be provided prior to issuance of certificate of occupancy. The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. 3. The site plan and/or landscape plan, as applicable, shall be revised with the certificate of zoning compliance application as follows: i. Depict a minimum 5-foot wide pedestrian walkways from the perimeter sidewalk(along La Vista Lane and Williams Pipeline pathway) as shown on the concept plan;the walkways shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete,or bricks as set forth in UDC 11-3A-1913.4. ii. Additional shrubs and an additional tree are required in the planter island with the fire- hydrant(a minimum of 1 tree is required per planter island); alternative compliance to this standard may be requested as allowed in UDC 11-5B-5. Planter islands shall be a minimum of 50 square feet and dimensioned with future submittals. iii. Include shrubs and lawn or vegetative groundcover along with the trees within the landscape strips along the multi-use pathway within the street buffer along the eastern boundary of the site adjacent to the William pipeline in accord with the standards listed in UDC 11-313-12C. iv. Provide a fencing detail in accord with the standards listed in UDC 11-4-3-9. v. Stripe the loading zone as parallel parking(9' by 23')and install a planter island with a bulb out to match the southern portion of the loading zone. vi. Remove the two parking stalls to the north of the trash enclosure to provide an adequate ingress/egress. vii. Widen the planter island south of the trash enclosure to 5 feet in accord with UDC 11-313- 8. viii. The applicant shall restrict access to the western parking designated as future parking on the concept plan through fencing, extruded curbing,barriers,or a combination of these options. Provide additional par-king Awthef west designated as fi*ttife pafkiag on the eeneept pla to provide f6F adequate ingfess and egfess for-employees, eustemefs, and fepublie 4. The design of the proposed structures shall comply with the design standards in the Architectural Standards Manual and the design elements in the Ten Mile Interchange Specific CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page 12 F1 Area Plan(TMISAP)as noted in the Application of the Design Elements table on pg. 3-49 for the Mixed Employment(ME) designation,unless otherwise modified in the Development Agreement(DA). 5. The landscaping within the street buffers along I-84, Grand Mogul Drive and LaVista Lane should be installed with the subdivision improvements associated with Vanguard Village Subdivision No. 1. However,if it's not completed prior to the issuance of the first Certificate of Occupancy within this development,this developer shall be responsible for those improvements as required with the final plat(FP-2024-0012). 6. The recent modification to the development agreement(H-2023-0074) shall be approved by City Council and recorded prior to submittal of the first Certificate of Zoning Compliance and Design Review application for this site. 7. The applicant shall provide cross access in accordance with 11-3A-3 prior to occupancy of the building. 8. A 14-foot wide public use easement(10' pathway+2' each side) shall be submitted for the proposed multi-use pathway within the street buffer within the Williams pipeline easement prior to issuance of Certificate of Occupancy. Alternatively,this easement may be provided earlier prior to recordation of final plat application for Vanguard Village Subdivision No. 1. 9. All development within the Williams pipeline easement shall comply with the Williams Developers' Handbook. 10. A Certificate of Zoning Compliance and Design Review application(s) shall be submitted and approved prior to submittal of building permit applications for this site. Building permits may be issued prior to recordation of the final plat;however,no Certificates of Occupancy shall be issued prior to recordation of the final plat for the lot on which the building(s)is located,per requirement of the most recent amendment to the DA(H-2023-0074). 11. The maximum of children allowed to be watched at any one time shall be 125,unless further restricted by the building department. 12. 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 within two (2)years from the date of approval of the subject conditional use permit; or apply for a time extension prior to that date as set forth in UDC 11-5B-6F in order for the conditional use permit to remain valid. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page 13 118 B. Meridian Public Works NON-PI.XF CONDFHONS Pumm,W(mm%f}t:rnttr-mF.rir Sl#c Specific Coaditioun of Approval I. Wafa and Sewer is nM available Ur site and will rrat be available anal othcrdevdcVmcrrt cxtcrrds It to this site. 2. Wale meters arc rewired to be located in landscaping area and not in drive or walkway. 3. Walcr main eannnt go through xccpagc hod_Scpwatinn of25'ix required balm mit4*ion efforts are rnade. 4 All Scutr maim must be Irmmledwithin an Faaemmi if they wmtsida of the right of way.Water and Sewer In parallel regrire a 3V Lawmenrl. a 20'ewitmera up La orrd 10'&Im"the meter of ac rhaw to f 0'ox f osclbJr_ Rre Hd3%b=tt rt &&e a 20'teaemenl Lrp to and M'Ai oad dte hydrant S. Ensure no pertramnt;tAwmres(trams NuNL huildinpA carprdts,trash retxptaele walls,fends. infrltralion trembes,light f"L-m.eti.)arobuilt within the utility ea;crnerrL 6. Inrarne ma Sewea vcrvkx]inn parr:thmugb undagmundseapap hoak at ywalcs_ 7. A%Ucff light Plan wiL1 he roquired for the fxvclopmcnt of thik property. Gen all CundfliuosofApproval I. Applicant;1ral.1-acmydinalc water and sewer Frain si c and routing with ibc Public Work; Fkpartrncnt 2. Per Meridian City Crock(IVCX'),the applicant shall bo renpnasihlcto imtall sewarand water mains to surd dumgh this davelWxnL Applicant maybe cligihle far a reimbursancnt agreernent for inf*aRrnmime eflhaneernent pa MOC$-6r5. 3. 71uc applicant shdL provide for all.Public Wa2,x1affwcr mains ouLcide ofpublic right of way(i rrcludc all water servim and hydrants). Sewcrlwala cascrncni varies dcpernding on sewer depth.Sower 0-20 ft deep require a 30 ft cavern 20-25 fi a 46 A caa mml,and 25-.W ft a 45 ft easancrrt. Fnsuw no permanent strucuarcs(tree$buslrw,handing&carprrrts,trash reaqr xIe waLk,Rmcctr,infiiltrationtnmcher light polcs..etc.)ambuiLt within the Wility cascrrent- Submit an executed ca crnrni(on the form available fmm Public Workx} a legal derrafption prepuedhy an Idaho LicensedPmfc;i FialLandSum*zr,which mustincLudc the area oftheememort {marked EXHIBIT A)arrd m S I tY A I I"nxap witb bean ngs and dislanees(Fimrkai EXH IBrI B) far muicw.Bout cxhiWLy must be scaled signed and dated by a Professional.Imnd Suntsynr.FX) N07 RFrORD- 4. 71K City of-Meridian rcquirerr that pressurin d i ftatim systems ha supplied by a ycW-F0Ursd source of water(tMC I I-3B-6).the applicant shouLd be required to uw any existing.wiace ne weL1 walla far flw primary soruec. Tfaxurfaaz or wdL source ix no&available.a single-paint oonncctinnto the culinary watersysdem shall be required-Ifasin4cirainteonnoction is oti]Lmd~ the dcvcLoper will be res ; sihle for the payment of asscrtenxmis far Ore eammon areas prior in prim tc rcoaiving dcvclopmcnt plan appmaal- 5. Any Atiiauc� q that arc alloM1val to remain shall.be subject 0 evatua on and possihlc reamignrnent of strati addremmg to bt in o wFplianoe with MCC. 6. All irrigation ditcher,canals,latcraLs,ordraim,excimlyeof natrual watavray3,iNersmdrk , enmIng tee layingadjace t and cnrrtigrtau_cto the area heIng subdivided shall beaddre"M per UDC 11-3A--6. In performinp;uch work,the appLicartshall.oomply with Idaho Code 42-1207 and any mhcrapl&ahlelaw or Wulatinn. 7. Any wells that will not continue to be used must be Properly 2hwb oncd aec;wding lit Idaho Well. Conswdinn Standards Rules administered by the Idaho Department of Wales Ramwr xs. 7be CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page 14 11,91 Dowdoper's Enginmr shall provide a stalcmcm addressing whdhrer there arc any crcisding wells in the developrnart,and if so,how they will continue to he used,nr provide record of their atkandrmmurt. R. Anycxi-&ng.;cptic;y;lermwilhin this project shall be renuv ad form service perCity(Wimanee Sccu—9-l-4 and 44 S. Cca=Canal District Health forahandonmau pnxcduro and impectiorrs(209)375-521 L 4. AllimproYcnxmL%relatedtopublicIife,safcty and healthshallhocomplctedprior0occupancy ofthe stnxmr-N- I0. Applicant shall be rcquirad to pay Public Works devolqmxr m plan review,and oon.4mm ion inkpcction foes,m determined during the plan review prcroets,prior lathe issuarrcc Ma plan appmual letter. 11. It shall.he the mpimm-bilityofthe applk"to cnsurc that all dcvclaqunarrt fc;h comply with the Anwr"m with Di QNUtics Aot and the Fair Hnu ing Aet 12. Applicant shall be responsible for application amd eompliamee with any Sodion 404 Pamtting that may he mq um d by the Army Corps of FiWnecrs- 13. f]cvclnper shall owrdinmic n=lhm Locatioo;with the McridUm Post Of i= 14.ConVar-tiontot rendis shall be submitted iathc Meridian Building Departmerrt far all building pads raxivi ng cnginaral backfill,where foaling would sit atop fill matariril. 15.7hc design cngin=shill be required to certify that the Kb-oft orniorli rre elevations are Rd a minimum of3-fax dhow the highest a lablishod pcak.@uAmdwairrr dcvatinn_ This is to aLmo thatthehotimcicvationoffthe,xawl spaomofhors m isatIcsst L-RkAabove. 16.71ic applicmc-i 4Nigp engineer shall he rarprwLsihle far imspootiom of all irrigation andlnr drainage facility within this project that do am fall undertk jurisdictioriofm irrigatinndistrict or ACHD.The da ign eaginax shall provide ccriifrcatiom that the facil itim have head installed in acbxdmoc with the apprrwad design plarm Thks c tification will he required hcforc a cerGfrcame ofoccupamy is issued fix any stnkcmmawithim the project. 17. At the a3mpldion of the prjoM the applrcani shall he mpomiblc to suhmit Foomd drawings pa the City of Mcridian AWnCAD A uu1srds- 7hcae nmord drawings must he rcxived and apprrwcd prior tb the issuance of a ocruficaiion of nocryramcy for am}4Ukhomms within the project 19. A street light plan will Hood to he incl uded in the civil conswciicm plans-Strict light plan requirements arc listed in section fry nfthe Imprmemcm Marrdards few Straw Lighting,Aaryry of the utandards cm be fcwid at hltp:rruww.macridiarucity_orRrirulrlic works ypx''id-272. 14.The City of Meridian rcquifo than the minor post tathc City a perfornianoe surety in the anxwurt of 1251%of the total com.mie irm c[rsi for all incomplete wgla,water and reutic infrm4nKtum prior to final plat yignatura Thia surety will.be verified by a I Im item east estimate prcwided by the owner up the City-The surety can he pnsial in th¢form of an irrcr+ blc letter ofcmdit,cash deposit or hand.Applicarft must fi le an application for-nmety,which can be found on the Community Doveloprnrni Dolmruuari wchsitc. Please cunt Land Development Suvicc for nwm information at"7-2211- 20.71c City of Meridian rcquirei that the cruncr post to the City a warranty surety in the mymrrt of 201/.of the total oownirlicm curt for all mraplel d§mwa,water and reuu infra truemm for duration of two years-This surety will be vctLfwd by a lint item cavil estimate provided by the owtucr to the City-The surdy can he Nm=d in the form ofan irrevocable]ether ofcrodit,cash deposit or bond.Applicant must fi Ic an applicaticm fix surety,which can be found on the Community Development f]grartnx%u wcbsiic. Phasecrmtact Iand Developwrt Scrvicc for nwm information at"7-2211- CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page 15 [120] C. Nampa&Meridian Irrigation District ._j 1503MTSTREErSOM NAMPA.IDAHOMAS1-43F5 FAX 02C$463- p nrcid ug QMCE, No<npu WO46671361 SHOP. Nampa 21)a 4M-ad63 August 12,2024 City Clcik's Offiicc City of Meridian 33 E.Broadway Aventre,Suite 102 Meridian,ID 93 642-26 10 RE: H-2024-00301 TTcavure Valley Law Err furrement ChiIdcareCenter; 1085 S Ten Mile Rd Ta Whom it May Ctanccttl= Nampa}&.Meridian Irrigation District(NMI€})requires a filed Land Use Change hppIicaiiaa to review prior to finat platting. All private latclals and wastq ways must he RMIl9ctnd. The Districts Marvin Lateral courses along the south and west boamdaTle3 of this prop". The DiAticts easemenl for the Marvin Lateral at this location 1s a minimum of fifty fees(S(Y)total,twenty feet(2n left and thirty feet(30')right. This casement must he protected. Any cncrnschment without a signed Irieenm Agmement and approved Plan hcfovecorwtruefinn iaunacceptahle. All mtnicipal surface drainage must be retained on site. [favy municipal surface drainage leaves the site,NMII)must review drairage plans.Qeuelopet roust eDinply with Idaho Code 31-3805.Please feel free to Conlia me for Curther infonnalkm. "nccrciy, David T.Duvall Aso.water Snprrintendcm Nampa&Meridian Irrigation Nshr ct u'fo leol Cc, Officdfile S.Par�deav A_Wolfe Appliuni CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page 16 [121 D. Ada County Highway District(ACHD) ACHD aWnawnr4 nnnOKn ��Gtn.YK.�iryrwn 5.-Haii.ss#nn.rli..v. / r4rk F +s7 Orly 9,2024 7n_ EILte me Ak m.Sm Vemwas Adlqurm 1144 S Si&%nib"Way.Sude 510 Menalan,If}A3En2 Subject M?P21-Mlaf HI-X24t= 1W5 S Ten Mile Road Treas&e VSMV Law Enfamement Childexe Cemer On M&ch S.2022.the Ada Ccrrtily Hghwey Dowl approved NIP1021-M031 H-2021-0081.On Vongmr0 Vdap$Lodlw ,kv{*nsvWw-the sit-3pF ile Wndkbon3 4I awr"a1w Mlyr 10 NER24-00fA f H-2424-003Q Trea wre Valley Law En1arcernent Childcare Center II ym have er►y queen,pleeee Ieel t+es to aoMKI me at I2M1 387-93U Srtioaroty, Sam StErldel &simanl Trefk Enginew Dewelopment tSwvloes cc: Sonya Allen ana Bill Parsorm,Cdy of Wridien connecting you W MCW9 Ada F HI 4*ft Prwr7-TMfWin Rim-rwdwn Cep%ID.E37W RMTf8N1-6M'FKJAG71 -WppMwMkLW%g4R V. FINDINGS A. Conditional Use(UDC 11-511-6E) The commission shall base its determination on the conditional use permit request upon the following: CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page 17 [122] 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. Commission finds the site is large enough to accommodate the proposed use and meet all dimensional and development regulations of the M-E zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Commission finds the proposed daycare use will be harmonious with the Comprehensive Plan and is consistent with applicable UDC standards with the conditions noted in Section IV of this report. 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. Commission finds the design, construction, operation and maintenance of the proposed use should be compatible with other uses in the general neighborhood, with the existing and intended character of the vicinity and will not adversely change the essential character of the area. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Commission finds the proposed use will not adversely affect other properties in the vicinity if it complies with the conditions in Section IV of this report. 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. Commission finds the proposed use will be served by essential public facilities and services as required. 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. Commission finds the proposed use will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 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. Commission finds the proposed use will not be detrimental to any persons,property or the general welfare by the reasons noted above. 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. Commission finds the proposed use will not result in the destruction, loss or damage of any such features. 9. Additional findings for the alteration or extension of a nonconforming use: This finding is not applicable. 10. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page 18 [123] 11. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. This finding is not applicable. VI. ACTION A. Staff: Staff recommends approval of the proposed CUP application and finds it in conformance with the Comprehensive Plan,UDC with the conditions included in Section W. and Findings in V. B. Commission: The Meridian Planning &Zoning Commission heard this item on 9/5/2024. At the public hearing, the Commission moved to approve the subject CUP request. 1. Summary of the Commission public hearing: a. In favor: Elizabeth Allen b. In opposition: None c. Commenting: Colin Ronhaar d. Written testimony: Elizabeth Allen e. Staff presenting application: Nick Napoli f Other Staff commenting on application: Bill Parsons and Kurt Starman 2. Ke. ids) of public testimony a. None 3. Ke. ids) of discussion by Commission: a. The western parking being paved or blocked off to prevent driving, parking, and walking on the unimproved area. 4. Commission change(s)to Staff recommendation: a. Commission modified condition 3.viii to restrict access and parking on the unimproved area along the western portion of the site. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page 19 [124] VII. EXHIBITS A. Project Area Maps (link to Project Overview) 1. Aerial Legend - Y - Project Location a ?� Area of Impact OAnalysis NMI y 2. Zoning Map Legend g L R 2 ® Project Location ply _� R,.— R-4 Area of Impact RUT L OAnalysis rl � m__ R-2 R_8 �S11PM R-a 3 R-151 RUT Ny_E R 15 l - Mill CN IL o C2 L�j" R-40 TN-C C-C C-G M2 hi H-E RiIE R1 RR � M-E RUT R-2 R-8 R-15 •��C� CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page 20 [125] ;;: J �.•°:: .PINE. a - W U � FRANKLi Z JJ _ N. •j IIIIIIIIIIIl11111�Z`:..::����' =lllllllllllllllllli�""��'01/ERLANp ■ --- VIII - i•1�'��a ' 'NJ�Im ■dam�� :••'7:::::ii�::::::::::f - 111 •!. 9inuul e'e-n'�iT-�v�qi �5r,--.�: ino,�.`, ': C::� + _ =�.: �:•�•,i r ➢•'.:•Big.--• LU V 1•�I Y .ixm n.nm sii,..:��,,.�:�::,: U I e El�l�iilo— J y,"��1lilllllu��' IIII � a �•Il�r■1'1a Illlllll lllllllgll�` , .. 1i1 I = gq r II 111�111 fiN■■ lot RMA I B. Service Accessibility Report PARCEL S1215427850 SERVICE ACCESSIBILITY Overall Score: 25 17th Percentile Location In City Limits GREEN Extension Sewer Trunkshed mains < 500 ft.from Parcel GREEN F Iood pla i n Either not within the 100 yr floodplain or > 2 acres GREEN Emergency Services Fire Response time > 9 min. RED Emergency Services Police Meets response time goals most of the time GREEN Pathways Within 1/4 mile of current pathways GREEN Transit Within 1/4 mile of future transit route ='E--OV Arterial Road Buildout Status Ultimate configuration(#of lanes in master streets plan) matches existing (#of lanes) School Walking Proximity From 1/2 to 1 mile walking 'YELLOW School Urivability Nat within 2 miles driving of existing or future school Park Walkability No park within walking distance by park type Repart gerera-9a an U-2&2024 by M.iERIDI:,Vjr,31& CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page 22 [127] C. Site Plan(date: 6/14/2024) )r ; _ �� _ neae�n loom �' III � ---•-- �`;. .....�.... ��I��, Lu I - O r ; it , yi SixE RPN 1 Eq �lillva +I Mtly it I4' C-1-Q CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page 23 [128] D. Landscape Plan(date: 6/14/2024) a nRawsn ,.,,..a.. §. 9 W m I; CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page 24 [129] E. Building Elevations(date: 6/14/2024) ExrtnwasnR�wruuia �.�.o �`' �� i`4ElATA. �.. .o •---'......moo -��� �iGr�r.Ce!e w..,, �.,.._..,.. FLEVFTI[1N �n+irT `r•S J Y kw- 'ILLY fnct� �� l aV e a o v _ Jf1 HEVFTgrr __— ��' exreRiOR ELEVATIONS L•J• nVATIM CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). [H-2024-0030] Page 25 [130]