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HomeMy WebLinkAboutUna Mas Daycare CUP-06-033 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ; ~;;dt~ \ , \ ;., lL).'"HO J ~ ' ~"'1" \.I'~' ' .,.-,"""~"'t,-,,. " mI In the Matter of Conditional Use Permit for a Day Care Center on 9.5 Acres in the C-G District, by Una Mas LLC. Case No(s): CUP-06-033 For the Planning & Zoning Commission Hearing Date of: November 2, 2006 (continued to November 16,2006 with :fmdings for approval on December 7, 2006 Commission agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 2,2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 2,2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 2,2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 2,2006 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. S67-6503). 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 S ll-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSiONS OF LAW AND DECiSION & ORDER CASE NO(S). CUP-06-033 - PAGE] of 4 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 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 November 2,2006 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 Plan as evidenced by having submitted the Site Plan AO.OO dated June 29,2006, is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of November 2,2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with ll-5B-6.G.l, the Director may authorize a single extension ofthe time to commence the use not to exceed one (1) eighteen (18) month period. Additional CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-033 - PAGE 2 of 4 time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the [mal 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 S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of November 2,2006. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-033 - PAGE 3 of 4 By action of the Planning & Zoning Commission at its regular meeting held on the day of f)tCe,ynAJ-vu ,2006. r;fIu COMMISSIONER MICHAEL ROHM (CHAIR) VOTED Ule... !l COMMISSIONER DAVID MOE VOTED tfec-( u COMMISSIONER WENDY NEWTON-HUCKABAY VOTED ffte COMMISSIONER KEITH BORUP VOTED~ VOTED ~f&.J _ ErG.:1L :: 6> E ara Green, Deputy City Clerk %. ~ ....Of D f ~ "6 _ r 1W'I . ':t-~-2 ~ .., 'boN ..p ,~~' +"1 .. 1'''. ,,;> II . .\\ Copy served upon Applicant, The Planrt111.g, Deqil6l."tl\\'ent, Public Works Department and City Attest: COMMISSIONER DA VID ZAREMBA Attorney. By: (91 (L~ t7l811~ City Clerk Dated: }2-/2-0G ClTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-06-033 - PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 2,2006 STAFF REPORT Hearing Date: 11/2/2006 Continued to 11/16/2006 Planning & Zoning Commission Justin Lucas Associate City Planner 208-884-5533 oU;~idi~ '\ -.; " IL>'>,HO J~ ~ r , ~/. ... 1:..."",..",.'S ' I l'I1 TO: FROM: SUBJECT: Una Mas Daycare . CUP-06-033 Conditional Use Permit for a 6,300 square foot Day Care Center on 9.55 acres in the C-G District, by Una Mas, LLC. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Una Mas LLC., is requesting Conditional Use Permit (CUP) approval to operate a day care center for up to 75 children in the C-G (General Retail and Service Conunercial District) district. The proposed child care center will be located within a 6,300 square foot building on the southern portion of a 9.55 acre parcel, generally located on the south side of Us tick Road, approximately 1,000 feet east ofthe intersection of Us tick and Eagle Roads. The property is currently zoned C~G; day care centers are conditional uses in the C-G zone. 2. SUMMARY RECOMMENDATION Below, Staff has provided detailed analysis and reconunended conditions of approval for the requested Conditional Use Permit application. Staff reconunends approval ofthe subject application, CUP~06-033, with the conditions contained in Exhibit B. The Meridian Planninl! and Zoning Commission heard this item on November 16. 2006 (continued from the November 2nd hearing due to improper noticing). At the public hearing they approved the CUP with no changes. a. Summarv of Commission Public Rearm!!: i. In favor: Jeff Foster ii. In opposition: None iii. Conunentinl!: None iv. Staff presenting application: Justin Lucas v. Other staff commentinl! on application: None b. Kev Issues of Discussion bv Commission: i. - None c. Kev Commission Chan!!es to Staff Recommendation: i. - None 3. PROPOSED MOTIONS Approval I move to approve File Number CUP-06-033 as presented in the staff report for the hearing date of November 2,2006, and the site plan labeled AO.OO, dated June 29,2006 with the following modifications to the conditions of approval: (add any proposed modifications). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Commission hearing on November 16, 2006. Una Mas Daycare CUP-06.033 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 2,2006 Denial I move to deny File Number CUP-06-033 as presented during the hearing on November 2,2006, for the following reasons: (you must state specific reasons for denial.) I further move to direct Planning Staff to prepare an appropriate [mdings document to be considered at the next Planning and Commission hearing on November 16, 2006. Recommend Continuance I move to continue File Number CUP-06-033 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: 3475 E. Ustick Road Ion the south side of Us tick Road, approximately 1000 feet east of Eagle Road, Section 4, T3N RIB b. Owner: Una Mas, LLC 1717 Chisholm Drive Nampa, ill 83687 c. Applicant: Same as owner d. Representative: Taylor Ebright, Hansen Rice Construction e. Present Zoning: C-G f. Present Comprehensive Plan Designation: Mixed Use - Regional g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit approval to operate a child care center in the C-G zone. The proposed child care center will be located within a 6,300 square foot building on the southern portion of a 9.55 acre parcel (Parcel #S 11 04223082). The applicant is proposing to provide some outdoor play areas, and 18 parent and employee parking spaces. 1. Date of CUP site plan (attached in Exhibit A): June 29,2006 2. Date of Landscape plan (attached in Exhibit A): August 15,2006 3. Date of Building Elevations (attached in Exhibit A): July 7, 2006 h. Applicant's Statement/Justification: We believe due to the proposed future residential development directly to the south ofthis project the Daycare is good business as transition between commercial office/retail and residential. 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 11-5B-6, a public hearing is required before the Planning Commission on this matter. b. Newspaper notifications published on: October 16th and 30th, 2006 c. Radius notices mailed to properties within 300 feet on: October 6th, 2006 d. Applicant posted notice on site by: October 23rd, 2006 Una Mas Daycare CUP-06-033 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 2,2006 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 various commercial developments that have been approved in this area including the Gateway Marketplace to the west, undeveloped commercial land to the south, the Lowes development to the north and rural residences to east. c. Adjacent Land Use and Zoning I. North: Smitchger Subdivision (Lowes), zoned C-G 2. East: Rural residences, zoned RUT (Ada County) 3. South: Undeveloped commercial land, zoned C.G 4. West: Vacant, Approved Gateway Marketplace, zoned C-G d. History of Previous Actions: The subject property was recently annexed into the city as the Una Mas annexation (AZ-05-061). Along with the annexation the applicants were required to enter into a development agreement with the city. This development agreement is recorded in the office of the Ada County recorder as instrument number 106137048. The applicants are subject to all of the conditions of the annexation and development agreement. The applicants have also been issued a Certificate of Zoning Compliance (CZC-06-162) for a building shell on this property. This shell building will house the proposed daycare if CUP approval is granted. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Location of water: There is currently a sewer main in Ustick Road. There is currently a water main in Ustick Road. None. Issues or concerns: 2. Vegetation: Nt A 3. Flood plain: Nt A 4. CanalslDitches Irrigation: The Milk Lateral runs through the southern portion of this site. Various other small irrigation facilities also run through the site. 5. Hazards: Nt A 6. Existing Zoning: C-G 7. Size of Property: 9.55 acres f. Conditional Use Information: I. Non-residential square footage: 6,300 square foot building 2. Proposed building height: 24 feet 3. Number of Residential units: 0 g. Off-Street Parking: I. Parking spaces required: 13 2. Parking spaces proposed: 18 3. Compact spaces proposed: 0 Una Mas Daycare CUP-06-033 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 2,2006 4. Off-site parking proposed: 0 h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The development agreement for the Una Mas Annexation restricts any access point off of Us tick Road to this property. Due to this restriction the applicant is required to take access from the proposed (not yet built) Allys Way to the east, or through a proposed (not yet built) cross access driveway to the west tlu-ough the Gateway Marketplace project. For this CUP application the applicant is proposing to take access from the proposed collector roadway Allys Way, which will extend south from Ustick Road tlu-ough property currently owned by ACHD, and eventually tie into Records Avenue at Fairview Avenue. It is important to note that at this time that the subject property does not have frontage on Allys way and a cross access agreement across ACHD property will have to be established before the daycare can be occupied. It is Staffs Wlderstanding that the applicant is going to work in conjWlction with ACHD and other property owners to construct Allys Way. 7. COMMENTS MEETING On October 13 , 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. Staffhas 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 - Regional" on the Comprehensive Plan Future Land Use Map. Staff fmds 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 tlu-ee sub-categories of the Mixed Use designation. Generally, the designation will provide for a combination of compatible land uses that are typically developed under a master or conceptual plan. The purpose of this designation is to identify key areas which are either infill in nature or situated in highly visible or transitioning areas of the city where innovative and flexible design opportunities are encouraged. The intent ofthis designation is to offer the developer a greater degree of design and use flexibility. All development within this designation will occur only Wlder the Conditional Use Permit process (Chapter VII, Meridian Comprehensive Plan). Mixed Use- Regional: The following standards will apply to this category: No upper limit of non-residential uses, Over 200,000 square feet of non-residential building area, Residential density of 3 to 40 units/acre 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, clothing stores, garden centers, hardware stores, restaurants, banks, drive-thru facilities, auto service station, department stores, entertainment uses, major employment centers, clean industry. . Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed the following manner: Una Mas Daycare CUP-06-033 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 2,2006 . Sanitary sewer and water sendce will be extended to the project at the developer's expense. . The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. 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 lands are 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. 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. . "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action 2) The applicant is not proposing any access to Ustick Road with the subject application. All vehicular access will be taken from the future Allys Way collector to the east and cross access driveways to the west. . "Identify commercial zones to buffer commercial and residential uses, to allow uses such as office and other low intensity uses." (Chapter VII, Goal 1, Objective B, Action 7) Staff finds that daycares can be a good transitional use between intense commercial areas and less intense uses. The proposed daycare can help act as a buffer between the proposed Gateway Marketplace to the west and the rnral residences to the east. . "Ensure the ease of mobility of people and goods by implementing access control measures on major transportation corridors. (Chapter VII, Goal 2, Objective A, Action 6) Staff finds that the constrnction of the proposed Allys way will increase circulation in this area of the city and help to reduce the number of access points to Ustick Road. Staff believes that the proposed day care center use is consistent with the Comprehensive Plan. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. 9. ZONING ORDINANCE a. Allowed Uses in the Commercial Districts: UDC Table 11-2B-2lists the permitted, accessory, and conditional uses in the C.G zoning district. Day care centers are an accessory or conditional use in the C-G 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. Una Mas Daycare CUP-06-033 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 2,2006 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: I. 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 proposed daycare facility is projected acconunodate up to 75 children. Because more than 12 children will be at the facility, this is a day care center. 2. On-site vehicle pickup, parking and tumaroWld areas shall be provided to ensure safe discharge and pickup of clients. The applicant is not proposing to designate a drop off/pickup area. All parents/guardians will be required to park in a striped stall and go in to pick-up the children. The proposed 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 maneuver. Staff recommends that the applicant be required to 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". This should prevent cars from parking/waiting in the drive aisles, othetwise blocking parked cars from exiting the site efficiently. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. Staff recommends that the Commission allow up to 75 children to use the subject facility, as requested. Staff further recommends that the hours of operation for this business be limited from 6:00 a.m. to 10:00 p.m. to provide sufficient time in the mornings and evening for parents to drop off and pick up their children. 4. The applicant or owner shall secure and maintain a Basic Day Care License from the State of Idaho Department of Health and Welfare - Family and Children's Services Division. Staff is including this condition within Exhibit B. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between 6:00 a.m. to 11 :00 p.m. This standard may be modified through approval of a Conditional Use Permit. 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 swimming pool fence requirements of the Building Code in accord with Title 10 of the Meridian City Municipal Code. Una Mas Daycare CUP-06-033 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 2,2006 The applicant is proposing to fence the outdoor play area, but does not specify the type of fencing to be used. The applicant should address the type of fencing proposed at the public hearing and consider the following Staff recommendations: The applicant is required to construct a 6-foot tall fence, in accordance with the provision listed above. Staff recommends that any play area fence adjacent to a parking lot or drive aisles be 6-feet tall, open-vision, non-scaleable material. Any fencing adjacent to neighboring structures or property lines should be 6-feet tall, closed-vision, non-scaleable 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:_When the subject property was originally annexed into the City (Una Mas Annexation AZ-05-061) there was a requirement in the development agreement that the applicant should work with ACHD to determine if a public frontage road should be provided at the southern boundary of the this property. At the time the applicant submitted this application for a Conditional Use Permit they included the public frontage road in their design because ACHD had not yet decided weather or not it was needed. During subsequent discussions with ACHD it became clear that this public frontage road at the southern boundary of the property would not be required. Due to this decision by ACHD the applicant gained more property to work with at the southern portion of this parcel, where the daycare is to be located. The applicant has also been working with ACHD to acquire a remnant piece of land that will be left over after the construction of Allys Way. This remnant piece abuts the applicants eastern property line and if acquired would provide them with public street frontage on the proposed Allys Way. Due to these recent developments concerning the road placement and possible land acquisition, the applicant has expressed some desire to modify the location of the building pad, and parking lot configuration. While this request may be somewhat unusual, Staff recognizes the uniqueness of this situation and recommends that the applicant be given some flexibility as to the exact location of the daycare building. Staff is confident that minor changes to the building pad location and parking lot design will not affect the conditions of approval or analysis in this staff report. To ensure that any future changes to the site plan are in substantial compliance with the daycare standards and conditions of approval Staff is requiring that the applicant obtain a Certificate of Zoning Compliance permit. Certificate of Zoning Compliance (CZC): Prior to submittal of this CUP application the applicant applied for and obtained a Certificate of Zoning Compliance (CZC-06-162) to construct a shell building on this location. At the time the applicant was uncertain who the tenant of this building would be, but they moved forward with Certificate of Zoning Compliance to instigate the construction of the proposed collector roadway Allys Way. After receiving approval for this CZC, the applicant found out that a daycare center was interested in the building, which triggered the subject CUP application. Due to the applicant's request for some flexibility with the site design (as described above), and the additional requirements for daycares that are included in this report, Staff believes that the applicant should be required to submit an amendment to the approved CZC-06-162. This requirement would give the applicant time to finalize their dealings with ACHD and decide upon an exact location and site design for the proposed daycare. This Una Mas Daycare CUP-06-033 PAGE 7 CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 2,2006 requirement would also allow Staff to ensure that all construction, alterations and/or the establislunent of a new use complies with all of the provisions of the UDC and subj ect CUP. If the applicant proposes changes that are not in substantial compliance with UDC standards or the conditions of approval of the subject CUP they should be required to submit a new CUP and CZC application. Access: The development agreement in affect for this property restricts the existing driveways along Ustick Road for construction purposes only. Prior to occupancy of the daycare, access should be provided to the building from either the Gateway Market Place project to the west or from the ACHD property and Allys Way to the east. In either case written proof of a recorded cross access agreement should be provided to the Planning Department prior to occupancy of the daycare center. If the applicant is able to acquire the renmant ACHD property they would have public street frontage along Allys Way and would not need a cross access agreement to the east. The applicant should also provide connections between the drive aisle to the north of the proposed daycare and the proposed drive aisle and cross access that will be extended from the Gateway Marketplace to the southwest comer of the subject property. This southernmost cross access point and drive aisle should be shown on any future plat or CZC that includes the southern section ofthe property. Elevations: The elevations submitted with this application seem to be appropriate for a day care center in this location. The applicant should be required to construct the building in general compliance with the submitted elevations. Private Street Application: Due to the building location both Planning Staff and the Fire Department believes that the applicant should be required to submit a private street application for the drive aisle to the north of the day care building. There will be several buildings that will use this drive aisle for access. A private street application, which is approved administratively by the Planning Department, will allow for this main drive aisle to be named and signed which provides more efficient access for emergency vehicles and the public. The applicant should submit the private streets application prior to occupancy of the building. A temporary construction address may be provided to the building off of Allys Way until the private street is completed and the daycare can be given a permanent address. b. Staff Recommendation: Staff recommends approval of CUP-06-033 for Una Mas Daycare presented in the Staff Report for the hearing date of November 2,2006 based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval as listed in Exhibit B. 11. EXHIBITS A. Drawings 1. Date of CUP Site Plan: June 29, 2006 2. Date of Landscape plan: August 15,2006 3. Date of Building Elevations: July 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 Una Mas Daycare CUP-06-033 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 2,2006 7. Ada County Highway District C. Required Findings from Unified Development Code Una Mas Daycare CUP-06-033 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 2,2006 A. Drawings 1. CUP Site Plan (dated: June 29, 2006) III i:l111~ I ! I' !. j! !' i Exhibit A Page 1 ~ ~~""'~ , ...- (.~'_T.~t~ I .~,."." . ---:;'-n:,;';'.I"'__~..' .~~. . , , , : I , ' ; i , I' i 18: ~ ~ III !~ I.:' . , ;~I ;& II II II Ii' ., i Ii :g I~ ! i~ ~i -~il ,I i I' l I , ~ ~L~_~.=~~, I ~ e~"~'4:' 1,1) )}Ht' ~-' I( LNDrvFl~D COl"n"'lI:':~14L ,.1t~ll'fT } e~liNT I !I~i;:' ~~r,:~I""TI/;lN ,~ U.TICO<: OAY CARE g: MER:IOIAN. IDAHO 2 1': F'fCO~SO 6I.UL.l:;;:II~ 01"-1 SITE: ~ SITE ~L.AN oJ::. 'H'''IN Hlel I '''" co,,",. .'. ,,,.,,,,.,,,,, ~.~ .n~c "J I.... ..N~~J"I;\~l'.7j :211"1,(.~.{I~7i'~ I hlnnr_IICI.CDm It'ltllr.,.unlacl~r. ~ , I - - '_EDIDltC~IT~.t.I. val _"..I,,,,, fl.Ju' ~""I ..... -"',- 1lII>~~,n. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 2,2006 ..... -. .., ".'""='." co, --."^. '.....0. -~ .... _'_'...n., _ ,,- .-- "'R__"'.',.. on ..... """"--.-'-'--." ._~. -,.- ",., --< ...-.... -'" '-'.'-'-'-.'" 'I I I toR 1IR11!~~tl '''''".~-.- ~O.'4'_"._ J ~;,.."" ~._,'~~].'1, :JoIl.,...~~~~1", ~..".,.'I'".c.~ 1.'11...'...., '..c,". 2. CUP Landscape Plan (dated: August 15,2006) "j -) 1: . AJ (JI 1) r I>- ~ Hljl; II!' il I 1'1 II r~, II ll'r s.i, tl:: Ili I 'Ii d I" -I' I:! ., ,i 'a! I'- II I :;! !I, ~\m;... ~II ~~~'ili~' II ~l1J~' .., hi B<:: _r:. .....j~.____i_~--.i_~_._.LE!;; -I-.c""...g, "....", e j, UNA MAS, l-l-C. ... -I BOISE :c} . ".'!: '<EW OI'F'ICE B'JIl-DING 'I l-A'<DSCAPE PLAN ,-... II. IIDi - II'U ~'ii: Exhibit A Page 2 ~ .~ ! ~ p~* ",I:~; ! ~ ill I" ! <) -,I ~ IE l' ; ~ ,1 ~'I ' ' ~l , !~ I .' , !! j . i l, . il I I'" II IIi 'I 1:10 ~. ~ <.J> ::; rtl '" rtl --{ " "'I! 1"1 ''''''''I~i'l ~ \1 ill ilj llIjBI i ~ "'1' 'I "'I '.l; 'I iii! ;,1 il'l! I I >l ,. -, ir ,'.' ,(. : j: "j- ,I '1"'1'1' ,r;; :1;; !~ I' I j"., il I, "~ ~ n II -, m !1lijii , j! " j i~ jli~'j! 1": I!' ,.\ I ; .i:"~ j! ,;! Iii:!;! j1 "< I"! J~l! ! ;l , - lloi'l , I In j ~ ~ '1 I i~ m ~l~~~;~ ~ I , : mil" ",lIl1'~~'"!I Ci!;.Ci:;r.; .. qy;~~ ~,. .,..."iir CITY OF MERIDIAN PLANNING DEPARTMENT STAPF REPORT FOR THE HEARING DATE OF NOVEMEBR 2,2006 3. Building Elevations (dated: July 6, 2006) ., W -"~ L ~~ Uo- ~'" "':r 1/& 'l'l l ",,- ~ 8 g ;:: ~ W -I w~ :.n~ ~! " I III G -. :rG (jO-Q ~2ll; 1I':ll'" r'lW lLJ....lQa 0-1'1", Exhibit A Page 3 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 2,2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with all conditions of approval and development agreement for the Una Mas annexation (AZ-05-061) 1.2 The applicant shall be allowed to care for up to 75 children per day. 1.3 The applicant shall be required to install signs on both sides of the entrance to the west parking lot, within the landscape planters, that state: "Vehicles must park in designated stalls only" 1.4 The hours of operation for this business shall be limited from 6:00 a.m. to 10:00 p.rn. 1.5 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. 1.6 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 adjacent to parking lots or drive aisles shall be 6-feet tall, open-vision, non-scaleable material. Fencing adjacent to neighboring structures or property lines shall be 6-feet tall, closed-vision, non-scaleable material. 1.7 Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 1.8 Outdoor play area(s) shall not be used after dusk. 1.9 To ensure that all of the conditions of approval for CUP-06~033 are complied with, the applicant shall be required to submit an amendment to the approved Certificate of Zoning Compliance (CZC-06-162) for this building. This amendment shall include all of the conditions of approval described in this report and any modifications to the approved site plan and landscape plan. Any modifications to the site design shown in this CUP application and CZC~06-162 shall be clearly shown on the amended plans. If these changes are not in substantial compliance with the conditions of approval in this report the applicant shall be required to submit a new CUP application and CZC application for the proposed daycare. 1.10 Prior to occupancy of the daycare, vehicular access shall be provided to the building from either the Gateway Market Place project to the west or from the ACHD property and Allys Way to the east. In either case written proof of a recorded cross access agreement shall be provided to the Planning Department prior to occupancy of the daycare center. NOTE: If the applicant is able to acquire the renmant ACHD property they would have public street frontage along Allys Way and would not need a cross access agreement to the east. In this instance, proof of ownership will be required. 1.11 Any future Plat or CZC application for this property shall show a connection between the drive aisle to the north of the proposed daycare and the proposed drive aisle and cross access that will be extended from the Gateway Marketplace to the southwest comer of the subject property 1.12 The building shall be constructed in general compliance with the elevations (dated: July 6,2006) submitted with this application. 1.13 The applicant shall have a maximum of 18 months to commence the use as pennitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. Exhibit B Page 1 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 2,2006 1.14 Prior to occupancy of the building, the applicant shall submit application and obtain approval for a private street for the main drive aisle to the north of the daycare, from the Planning Department. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development shall be from main line extensions from Ustick Road. The applicant shall install mains to and through this development, coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service.' Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site shall be from main line extensions from Ustick Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being fmalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.4 Per 11-3A-15 of the UDC this development shall provide pressurized irrigation. The applicant shall be required to use any surface water available. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11~3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, a single-point connection to the culinary water system shall be required. If a single.point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.6 The applicant shall coordinate fire hydrant placement with the Public Works Department during plan review. 2.7 During plan review a looped system may be required to achieve adequate fire flows. 2.8 The applicant shall provide a 20.foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.9 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive final approval prior to occupancy. Other required development improvements such as fencing, micro-paths, and landscaping may be bonded for prior to obtaining certificates of occupancy. 2.10 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process. 2.11 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. 2.12 Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Enviromnental Protection Agency. 2.13 Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 2,2006 3. FIRE DEPARTMENT 3.1 Final Acceptance of the water supply for ftre protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the ftre 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 speciftcations. 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 ftnish 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. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 Operational ftre hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.5 Commercial and offtce occupancies will require a ftre-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.6 The ftre department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efftcient response by ftre and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 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 fITe apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site ftre 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. Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 2, 2006 3.9 Provide a Knox box entry system for the complex prior to occupancy 3.10 The drive aisle to the north of the daycare shall he given a name to ensure that it is properly addressed. 4. POLICE DEPARTMENT 4.1 Fences for outdoor play areas adjacent to drive aisles and parking lots are to be open-vision. 4.2 All trees near play areas shall have a minimum seven foot canopy. 4.3 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed three feet in height. 5. SANITARY SERVICES 5.1 SSC did not provide any comments on this application. 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 IDGHW AY DISTRICT (DRAFT COMMENTS FOR czc-06-162) 7.1 Enter into a Development Agreement with the District to provide for the design and construction of Allys Way to a full 46-foot street section with curb, gutter and sidewalk on both sides from Ustick Road south approximately 1,355-feet. The District should be responsible for the cost of curb, gutter and sidewalk on the east side of Allys Way and 18-feet of pavement to complete the road section. The Development Agreement should be executed prior to approval of this certificate of zoning compliance. The Development Agreement shall also include the negotiated location of access to Allys Way, across District property. 7.2 Construct a 5-foot concrete sidewalk no closer than 5-feet from the existing back of curb for Ustick Road. Any part of the sidewalk that is constructed outside of the right-of-way, should have a public access easement. 7.3 Comply with all Standard Conditions of Approval. 8. PARKS DEPARTMENT 8.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-10) will be followed. 8.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-l 0) will be followed. Exhibit B Page 4 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 2,2006 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. Commission is supportive of the layout for the proposed parking plan and traffic flow pattern for this use. Parking stalls are required at the ratio of one space per 500 square feet of gross floor area in commercial districts (UDC 11-3C-6). Per this requirement, 13 stalls are required. There are 18 parking stalls provided on this site, with designated handicap accessible stalls. This provision exceeds the City's minimum parking stall ratio. Commission finds that the project should have ample parking. Commission finds that the subj ect 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 detennining if this site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. Commission finds that the designated Comprehensive Designation for this property is Mixed Use - Regional. The property has existing C-G zoning and is consistent with the Comprehensive Plan for this area. The proposed use is generally harmonious with the requirements of the UDC (see Section 10, Analysis above for more information regarding the requirements for day care facilities in City Code.) 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Commission is generally supportive of the site plan design. Within the text of the Comprehensive Plan, day cares are used as example uses within mixed use - regional areas. Commission finds that if the applicant complies with the conditions outlined in this report, the general design, construction, operation, and maintenance of a day care facility should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. Exhibit C Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 2,2006 Commission fmds 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. Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACHD. Based on comments from other agencies and departments, Commission fmds that the proposed use will be served adequately by all ofthe 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 ofthe community. If approved, the applicant will be financing any improvements required for development. Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Commission recognizes that traffic and noise will increase with the approval of a day care facility in this location; however, Commission does not believe that the amount generated will be detrimental to the general welfare of the public. Commission does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. Commission fmds that the proposed use will not be detrimental to people, property or the general welfare of the area. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff finds that there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Commission's attention. Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Exhibit C Page 2