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HomeMy WebLinkAboutMeridian Head Start RZ 02-006 December 2, 2002 MERIDIAN PLANNING & ZONING MEETING RZ 02-006 December 5, 2002 ITEM NO. 8 APPLICANT Friends of Children and Families, Inc. REQUEST Public Hearing - Request for a Rezone of 0.85 acres from I-L to O-T zones for Meridian Head Start - 321 and 333 West Broadway Avenue AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: COMMENTS See attached Comments See attached Comments "Ok per Meridian Water" "No Commenf' "No Comments at this time" ll..HA9 tvLIVU41 ti MprouoL -fo d0 1~O See attached Comments "We have No Objections to this Proposal" No Comment INTERMOUNTAIN GAS: OTHER: See attached letter from Patty Miles and James Cain Contacted: JDL\ lllnchlt Date: rz.-z.,o2 Phone: 3-\4. ~ I'? 1- Materials presented at public meetings shall become properly of the City of Meridian. L. (Y) MAYOR ROBERTD. CORRIE COUNCIL MEMBERS WILLIAM L.M. NARY KErTH BIRD TAMMY DE WEERD CHERIE McCANDLIlSS RURAL FIRE COMMlSSrONERS RICHARD GREENE TERRY LEIGHTON STEVE ELLIOTT A clferidi:!C) IDAHO -a. c ~ "'rREI\SUtu'....,~"l CHIEF KENW. BOWERS DEPUTY CHIEF - FIRE PREVENTION JOSEPH SILVA DEPUTY CHIEF - TRAINING BILL JOHNSON MERIDIAN CITY/RURAL FIRE 540 East Franklin Road Meridian, ill 83642 (208) 888-1234 Fax (208) 895-0390 ,__,__<_~~~"~~:~,:::~,f:'!',5".:o>'i:'~'~^~\~,,'.'!!,~l'-'.~_~_~"-~~~:~~~,'!!.f"~:-..,''!':' November 26, 2002 RECEIVED NOV 26 2002 TO: FROM: City Of Meridian City Clerk Office Mayor, City Council & Meridian Planning & Zoning Commission Joseph Silva, Deputy Chief, Fire Prevention SUBJECT: Daycare at 321 & 333 Broadway CUP 02-037, RZ 02-006 The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: I. A Daycare Center is required to pass a fire inspection as outlined by the State Marshal's Office. 2. Meet the requirements of the 1997 Uniform Fire Code & Building Codes. / ;:t.'t:ttf:'~ ~ CITY OF f[i1!!J.f"~,i_.... PARKS & RECREATION . J - "<''1, (!US 888~3579 ~ fax. ~{}"".5501 CITY COUNCIL MEMBERS eriaian N Hlf(':F~T'Ff~O;~ 'BLlCWORKS TammydeWead , IDAHO f~ (2 )88-SS00-fax)\}\7-12')"i William L. M. Naryp;:> fi lP ~ -; j" OCT 1 1 ZOOZBUIL ING DEPARTMENT Cher;e~,c~~r:dkS~ ~ U . '" ""'T",'^""'V",~g,;fJ\:,:_.(J;r11li:LI;~:~ 1~~~~:~~8~;~~ Vt:.r-!:"'_'p-_._..~F", -5).).1 F.IX ~:),~-68~~ MAYOR Rohen D. Corri~ LEGAL DEPARTMENT (208) 288-2499. Fax:!8R-150 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: November 28. 2002 Transmittal Date: October 10, 2002 Hearing Date: December 5, 2002 File No.: RZ 02-006 Request: Rezone of 0.85 acres from I-L to 0-1 zones for Meridian Head Start By: Friends of Children and Families. Inc. Location of Property or Project: 321 and 333 West Broadway Avenue Meridian School Distlict (No FP) Meridian Post Office (FPIPPonly) Ada County Highway Distlict Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FPIPPonly) U.S. West (FPIPP only) Intermountain Gas (FPIPP only) Bureau of Reclamation (FPIPP only) Idaho Transportation Department (No FP) Ada Cou nty (Annexeaon only) David Zaremba, PIZ (No VAR, VAC, FP) Jerry Centers, PIZ (No VAR, VAC, FP) Leslie Mathes, PIZ (No VAR. VAC, FP) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, PIZ (No VAR, VAC. FP) Robert Corrie, Mayor Bill Nal)l, C/C Tammy deWeerd, CIC Ke~h Bird, CIC Cherie McCandless, CIC Water Department Sewer Department San~al)l Service (No VAR, VAC, FPI Building Department Your Concise Remarks: /' Fire Department 72':e.. ~)-A,~ AIIC~ b,...1'~_e.J dc-e~ .rz.oI V'" Police Department /'Ptl'<-P &ls. 'YI)/>~:/;<<f"'-' City Attomey City Engineer UIH: u}",_. .~..),,),..-- t';/_vr/o z- City Planner Parks Department RECEIVET NOY 2 6 2002 City of Meridian City Clerk Office 33 EAST IDAHO' MERIDIAN, IDAHO 83642 (208) 888.4433. Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 288,1193 . . .;IIt';;;;--"'" - ~ Ada County Highway District Right-of- Way & Development Department Planning Review Dil/ision This application requires Commission action because the proposed service driveway location is not in conformance with District policy and does not fall within the staff's authority to approve modifications with 25% of the dimensional standards that have been established by District policy, and is scheduled to be on the consent agenda on November 26, 2002 at 12:00 Noon. Tech Review for this item was held with the applicant on October 25, 2002. Please refer to Attachment for appeal guidelines. Staff contact: Joyce Newton, 208-387-6171, jnewton@achd.ada.id.us File Number(s): MCUP02-037/MRZ02-0006IHead Start Center/Community Meeting Room/Rezone 321 and 333 West Broadway Avenue/4th Street Applicant: Friends of Children and Families Inc. 4709 West Camas Street Boise, Idaho 83705 RECEIVED Nav 2 1 2002 lli W ~ [? "IT Site address: Owner: Lois Marrs 771 NW 15th Meridian, Idaho 83642 Jeanette Schaffer 2610 Polk Street Caldwell, Idaho 83605 Representative: McKibben & Cooper Architects 515 W. Hays Street Boise, Idaho 83702 City of Meridian City Clerk Office Application Information The Ada County Highway District (ACHD) staff has received the above referenced application from the City of Meridian requesting conditional use and rezone approval to construct the Meridian Head Start Center and a Community Meeting Room. The site is located on the southeast corner of Broadway Avenue and 4th Street. Acreage: Current Zoning: Proposed Zoning: Existing Use: Proposed Use and Square Footage: Proposed Use and Square Footage: 0.85 I-L (Light Industrial) O-T (Old Town District) Single-Family Residential with out buildings Head Start Center with 2-classrooms: 5,087 -square feet Community Meeting Room: 400-square feet Vicinity Map MCUP02-037 3211333 West Broadway Avel\\Ie IDAHO \. , ~ . . '. " 11ItCAOYrAY 1 ~ ~ UNION PACIFIC , ,'\. , 9. . Existing Access to the Site The proposed development site has two driveways. .:. Driveway # 1 is located approximately 5 to 10-feet into the unopened right-of-way to the west of the site. .:. Driveway # 2 is located approximately 51-feet east of the west property line. 10. Site History District staff has not reviewed this site or prepared a report in the past year. 11. Five Year Work Program This location is not programmed into the District's current Five-Year Work Program (FY 03-07) for reconstruction or any roadway improvements B. Findings for Consideration 1. Right-of-Way/Curb, Gutter and Sidewalks District policy requires 54-feet of right-of-way on industrial/commercial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 3-lane roadway with curb, gutter and a 5-foot wide detached concrete sidewalks. There is 80-feet of existing right-of-way on Broadway Avenue (40-feet from centerline) the applicant should not be required to dedicate any additional right-of-way. The site plan indicates the applicant is proposing to construct cutb, gutter and detached sidewalk with a planter strip. There is sufficient right-of-way for the required improvements. There is unopened right-of-way (4th Street) abutting the western boundary of the site approximately 15-feet in width and approximately 310-feet in length. There are no roadway improvements in the right-of-way. The District has no plans to extend a road to the south of the site. In accordance with District policy, the applicant should be required to improve the unopened right-of-way or vacate. 2. Street Sections District policy 7202.8 and 72-F1 B, requires roadways abutting commercial developments to be constructed as a 40-foot street section with curb, gutter and 5-foot concrete sidewalk within 54-feet of right-of-way. This street section should be constructed on Broadway Avenue. In accordance with District policy, the applicant should be required to improve the 15-feet of unopened right-of-way what would be 4th Street extended or vacate. 3. Driveways District policy F2-F4 (1) and 72-F4 (2), requires driveways located on commerciallindustrial roadways to offset a controlled and/or uncontrolled intersection a minimum of 50-feet (measured near edge to near edge). Modification of Policy for Broadway Avenue driveway location: As indicated on the site plan the applicant is proposing to construct a service driveway (# 1) on Broadway Avenue located approximately 15-feet east of the west property line (which is approximately 15-feet from the near edge of 4th Street) and is 12-feet in width. This proposed driveway is for sanitation service and access to the trash receptacle. This location does not meet District policy for offsets from an intersection. 3 Staff recommends approval of the indicated modification of policy due to the fact the proposed service driveway shall be used predominately for sanitation services and the applicant does not have the adequate frontage to align with 4'" Street. This driveway will have limited use. As indicated on the site plan the applicant is proposing to close and relocate the existing residential driveway on Broadway Street located 60-feet east of the west property line. As indicated on the site plan the applicant is proposing to construct driveway # 2 on Broadway Street located 86-feet from near edge of the proposed service driveway to near edge of driveway # 2. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge. District policy 7207.9.3 restricts commercial driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 35-feet. Most commercial driveways will be constructed as curb-cut type facilities if located on local streets. Curb return type driveways with 15-foot radii will be required for driveways accessing collector and arterial roadways. The District will consider alternatives to the standard turnaround on a case-by-case basis. This will be based on turning area, drainage, maintenance considerations and the written approval of the emergency fire service for the area where the development is locate. Submit a design of the turnaround for review and approval by District staff. C. Site Specific Conditions of Approval 1. In accordance with District policy, the applicant shall be required to improve the unopened right-of- way of 4th Street. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on the unopened right-of- way abutting the parcel. Improvements shall be constructed to one-half of a 40-foot street section. OR In accordance with District policy, the applicant shall vacate the unopened right-of-way. The applicant shall submit an application to vacate the unopened right-of-way abutting the site at the west property line running the entire length of the site. The applicant intends to vacate the right-of- way to incorporate that property in the site. If the property is appraised at a value less than $2,500, the applicant will not have to purchase the right-of-way. 2. Construct curb, gutter, 5-foot wide detached concrete sidewalk and match paving on Broadway Avenue abutting the parcel as proposed on the site plan. . Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk, An agreement must be approved prior to scheduling the final plat for signature. Please contact the Right-of-Way Division at 387-3271 for guidelines. 3. Construct the service driveway # 1 on Broadway Street located 15-feet east of the west property iine. This location does not meet District policy for offsets from an intersection, but shall be approved by Commission action with a modification of policy. 4 4. Construct driveway # 2 on Broadway Street located 11 O-feet east of the west property line as proposed on the site plan. This location meets District policy and is approved with this application. 5. Replace any unused curb cut on Broadway Avenue with standard curb, gutter and 5-foot wide detached concrete sidewalk to match proposed improvements. 6. Pave the driveways to their full-required width and to a point 30-feet beyond the edge of pavement of Broadway Avenue. 7. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLlNE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 5 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines 6 Request for Reconsideration of Commission Action 1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 7 i: n c " Q N . Q W ....... - i: ~ Q N . Q Q 0) Tara Green From: Sent: To: Subject: Dave McKinnon [mckinnod@cLmeridian.id.usl Wednesday, November 20, 2002 8:12 AM 'Tara Green'; 'Sharon Smith'; William G. Berg Jr. FW: Proposed Head Start Center -----Original Message----- From: Patty Miles [mailto:pmiles@idvr.state.id.us] Sent: Wednesday, November 20, 2002 7:50 AM To: mckinnod@meridiancity.org Subject: Proposed Head Start Center I wanted to write you a letter of support for the proposed Head Start Center in Meridian. Last Saturday I volunteered at the Head Start breakfast in Boise and was very impressed with their facility. I had not realized how many children they serve in their program. I think that having a center in Meridian would be a great benefit to the children of our city. 1 RECEIVED Nay 2 0 2002 qty Of Meridian CIty Clerk Office 241 W. Broadway Ave. Meridian, 10 83642 RECEIVED Nay 1 5 2002 }Jovember 15th, 2002 City Of Meridian City Clerk Office Re: Public Hearing of December 5th, 2002 Application of Friends of Children and Families, Inc. for a Rezone from I-L to 0- T Dear City ClerkIPlanning and Zoning Commission: Friends of Children and Families, Inc.: I would fully support this application for a Rezone and a Conditional Use Permit for Meridian Head Start only if 1. the applicant fully supports the continued development ofIndustrial and Commercially-zoned properties, both adjacent to the applicant's own property, and in the neighborhood at large, with the understanding that Industrial properties will likely be using power saws and other noise-creating industrial machinery. For approval of this zoning change and conditional use, it is presumed that the applicant agrees with the "Industrial character" of this neighborhood both now and as it develops in the future and will never hinder it or oppose other neighborhood property developers in any way, which language and terms ought to be spelled out in any Conditional Use permit. 2. the Rewne does not create a "school zone" in this neighborhood; nor in any way restrict future industrial or commercial use of nearby neighborhood properties, to include the possibility of future package retail alcohol sales. If those conditions are met, then I would support this application. Most all of us living here deliberately and conscientiously bought property that is wned for Industrial uses and we do not want that option diluted, ever, or restricted in the future m any way. Sincerely, ~~~ James Cain email: jcain2l@hotmaiLcom , ,- MAYOR HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPAR'ThlENT (:08) 288-2499. Fax 288-2501 Robert D. Coa:ie CITY OF MERIDIAN PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 CITY COUNCIL MEMBERS KeilhBiId Tammy de'W'eerd Cherie McCandless "''illiamL.M.Naty 33 EAST IDAHO ~IERIDIAi'\l, IDAHO 83642 (Z08) 888-4433. FA.X (Z08) 887-.1813 City Oed< Office Fax (Z08) 888-4218 PU.NNING AND ZONING DEPAR1MENT (Z08) 884-5533 . FA.X 888-6854 MEMORANDUM: November 20, 2002 To: Mayor, City Council and Planning & Zoning Commission Bruce Freckleton, Assistant to City Engineer ~ David McKinnon, City Planner II J:j.A Meridian Head Start City Of Meridian City Clerk Office From: RECEIVED DEe 0 2 2002 Re: . Request for aRe-zone of 0.85 Acres from I-L to O-T Zones for Meridian Head Start, by Friends of Children and Families, Inc. (File No .RZ-02-006). . Request for a Conditional Use Pennit for a two classroom center serving young children and families, and a 400 square foot community meeting room for Meridian Head Start, by Friends of Children and Families, Inc. (File No. CUP-02-037). We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: ' APPLICATION SUMMARY The applicant( s), Friends of Children and Families, have requested approval of a rezone of 0 .85 acres ofland located at 321 and 333 W. Broadway from I-L to O-T, and the approval ofa conditional use pennit the establishment of a Head Start pre-school facility (consisting of two classrooms, food preparation area and a meeting room) on the property to be rezoned. The Head Start pre-school program is aimed at providing preschool education to children whose parents, due to financial limitations, would not otherwise be able to provide their children with the opportunity to attend preschool. The Friends of Children and Families (FCF) is a private, non-profit 501 (c) (3) corporation that is the Head Start Grantee for Ada County. The FCF has recently received a grant from the Federal Government to expand into the City of Meridian, and they have identified the property at 321 and 333 Broadway as a location that will meet both their size requirements and their desire to be located in close proximity to where families eligible for Head Start reside. The western edge of the property is located adjacent to fifteen feet (l 5') of "unopened right-of-way" that is currently owned by ACEIO. The applicant is in negotiations with AGIO to have them vacate the property in order to purchase the property. This process takes approximately six (6) months, and will be required as a condition of approval of these applications. CUNJ2'()37, \lZ.02.()06 Head Start. CUP Planning & Zoning CommissionlMayor & City Council November 20, 2002 Page 2 LOCATION & SURROUNDING USES The subject property is located at 321 and 333 W Broadway Avenue, approximately Y. of a mile west of Main Street. The following uses surround the subject property: North - Residential property, zoned R-15. South - Railroad right-of-way, zoned I-L. East - Residential property, zoned I-L. West - Residential property, zoned I-L. STANDARDS FOR ZONING AMENDMENT The Commission and Council shall review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and sha11 find adequate evidence answering the following questions about the proposed zoning amendment (11-15-11): A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive plan amendment; Staff finds that the adopted Comprehensive Plan's Future Land Use Map delineates the subject property as "Old Town". Therefore, the requested O-T zoning designation is harmonious with and in accordance with the overall goals and policies of the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be re-zoned in the future; Staff finds that the proposed zoning amendment complies with the intended zone( s) supported by the Future Land Use Map. Staff does not anticipate that the property will be rezoned in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning; Staff finds that the applicant has submitted detailed development plans for the properties at 321 and 333 W. Broadway, and that the proposed preschooVquasi-public use will be developed in a manner that would be allowed under the requested 0- T zoning designation. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned; The recent adoption of the Comprehensive Plan changed the land use designation of the property from "Existing Urban" to "Old Town" on the City's Future Land Use Map. CUP<l2<l37, RZ-02<l06 HeadSIartCUP Planning & Zoning CommissionlMayor & City Council November 20, 2002 Page 3 E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed development will be required to comply with the MCC by obtaining a Conditional Use Permit and that the future development of the land will be in harmony the existing and intended character of the area. F. Will not be hazardous or disturbing to existing or future neighboring uses; Staff finds that the re-zone to 0- T should not be disturbing to existing or future neighboring uses. Specific uses allowed (either permitted uses or conditional uses) within the 0- T zone may be disturbing to future or existing neighbors; however staff does not anticipate that the proposed development will be hazardous or disturbing to the existing or future neighboring uses. The Commission and Council should carefu11y consider all public testimony, verbal and written, before making this finding. G. WiD be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such service; Staff finds that the proposed uses will be adequately served by all essential public services and facilities. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the requested use will not create excessive additional requirements at public costs for public facilities and services. Additionally, staff finds that the proposed rezone would not be detrimental to the economic welfare of the community. I. Will not involve uses, activities, processes, materials, equipment, and conditions that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the 0- T zoning designation of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimental to the general welfare of the community. CUN)2'()37, RZ.()2'()Q6 Head Start CUP Planning & Zoning CommissionJMayor & City Council November 20, 2002 Page 4 J. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed 0- T zoning will not interfere with general traffic patterns on any public streets. The property to be rezoned will be required to comply with ACHD requirements concerning traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Staff does not find that any natural or scenic feature will be lost, damaged or destroyed by approval of this rezone. L. Is the proposed zoning amendment in the best interest of the City; Staff finds that the zoning amendment would be in the best interest of the City by allowing a property owner to make improvements to the property that would otherwise not be allowed without re-zoning the subject property. CONDnnONSOFAPPROVAL I. The applicant shall submit a metes and bounds legal description, of the area to be rezoned, as prepared by a State ofIdaho licensed land surveyor prior to this application being heard by the Meridian City Council. The legal description shall includel12 of the adjacent Broadway Avenue right-of-way. STANDARDS FOR CONDnnONAL USES The Commission and Council shaD review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and aU yards, open spaces, parking landscaping and other features as may be required by this ordinance; Landscaping-The proposed preschool building will be constructed between two (2) existing residential uses, thus requiring the applicant to provide a twenty-foot (20') landscape buffer between the proposed preschool use and the existing residential uses per MCCI2-13-12-4. Due to size limitations, the site cannot accommodate both of the required landscape buffers and the proposed building, however, the Landscape Ordinance does provide a measure of relief from this requirement in the "Alternative Compliance" section oftheMCC (section 12-13-18). The "Alternative Compliance" section of code allows the applicant to request a reduction CUP-ll2-ll37, RZ-02-ll06 Head Start. CUP Planning & Zoning CommissionlMayor & City Council November 20, 2002 Page 5 of the landscaping requirements if certain conditions are met; such as space limitations, or a change of use on an existing lot results in a buffer that is larger than can be provided on the property, as is the case for the subject property. It is up to the City to determine if the reduced landscaping is sufficient and if it meets the intent of the ordinance. In this case the applicant for this project has requested that the buffers be reduced to six feet (6') on the west property line and eight feet (8') on the east property line, and staff does not object to the requested landscaping reductions. The Commission and Council should determine if the proposed reduction in required landscaping is appropriate for the use proposed. Other Features- Staff finds that the site is large enough for all of the other required development features such as parking, open space, yards and street improvements. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance witb the requirements of this Ordinance; The current Comprehensive Plan Land Use Map designates the property as "Old Town". Therefore, staff finds that the requested preschool, if it complies with the conditions of approval for the requested CUP, can be developed in harmony with the Meridian Zoning Ordinance and the Comprehensive Plan. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds that the proposed development will not change the existing or intended character of the general vicinity, and that the design and operation of the development will be in harmony with the intended mixed-use character of the Old Town district. D. That the proposed use, if it complies with all conditions of the approval imposed, wiD not adversely affect other property in the vicinity; Commission and Council should rely upon public testimony, both oral and written, to determine if the development will adversely affect the other property in the vicinity. Staff does not anticipate that he proposed use will have any adverse effect on nearby properties. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of CUP.Q2.Q37. RZ.02.Q06 Head Start. CUP Planning & Zoning CommissionlMayor & City Council November 20, 2002 Page 6 proposed conditional use shall be able to provide adequately any such services; Staff finds that the proposed development will be adequately served by the essential public facilities and services listed above. F. Tbat tbe proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. G. That tbe proposed use will not involve activities or processes, materials, equipment, and conditions of operation tbat wiD be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that n!J excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. H. Tbat tbe proposed use wiD have vebicular approaches to tbe property wbich shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets as long as ACHD requirements are met and all approaches and traffic control measures are installed. I. Tbat the proposed use wiD not result in tbe destruction, loss or damage of a natural, scenic or bistoric feature considered to be of major importance. Staff finds that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. ADDmONAL CONSIDERATIONS Sanitaty Sewer Easement- A sanitary sewer easement and sewer main are located on or near the eastern property line of the proposed development. There is an existing fence and two trees (one is diseased and will need to be removed) located within the easement, and the applicant is proposing to install additional fencing along the eastern property line on the southern portion of the lot within the easement. The public works department does not typically allow fencing of trees to be placed within their easements as it may require the city to remove improvements from the property in order to CUp.()2-037, RZ-02-o06 Head Start CUP Planning & Zoning CommissionlMayor & City Council November 20, 2002 Page 7 service the mains. Trees provide an additional problem to sewer lines by possibly damaging the sewer lines with invasive root systems. Television inspections of this main revealed some pretty severe infiltration of groundwater and tree roots into the main pipe. There are currently two residential services into this main. The Public Works Department would like to work with the applicant on the abandonment ofthe sewer main, and the extension of two new service lines in the driveway area to serve the adjacent homes. The Public Works Department has funds available to cover the cost of the service lines and abandonment ofthe main. The applicant would be asked to grant private service line easements across their property to accomplish this task. By abandoning the sewer mainline, the applicant would be able to install the desired fencing and landscaping along the eastern boundary. SITE SPECIFIC REQUIREMENTS 1 The applicant shall submit a new landscape plan, in compliance with the City's Landscape Ordinance, when submitting for a Certificate of Zoning Compliance. All landscaping shall continuously maintained, and any dead or dying vegetation shall be replaced upon request from the City. 2. The applicant shall be responsible to tile the Rutledge Lateral that lies adjacent to the southern property line of the Head Start property, per MCCI2-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public Works Department. IfIateral users association approval can't be obtained, plans will be reviewed and approved by the meridian City Engineer prior to final plat signature. 3. A detached sidewalk on Broadway Avenue shall be installed as submitted on the submitted site plan (Sheet C-l, revised 11-8-02). 4. Parking shall be installed as submitted on the site plan (Sheet C-l, revised 11-08-02) and shal1 be in compliance with the ADA and MCC11-13. S. The slope in the storm-water detention basin shall not be steeper than a 3: 1 slope. 6. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of-way. All parking lot lighting shall be in accordance with Ordinance 11- 13-4C. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. Temporary or portable signs shall be prohibited, and shall be removed upon 3 days notice to the applicant. 8. All construction and site improvements shall conform to the requirements of the Americans CUP-02.oo7, RZ-02.006 Head start. cUP Planning & Zoning CommissionlMayor & City Council November 20, 2002 Page 8 with Disabilities Act and the Unifonn Building Code. 9. A Certificate of Zoning Compliance and a Certificate of Occupancy shall be obtained prior to opening the preschool. RECOMMENDATION Staff recommends approval of this application with the aforementioned findings and conditions, with special consideration for abandoning the existing sanitary sewer service line adjacent to the east property line. CUP-ll2.Q37, RZ.Q2-006 Head Start. CUP ~ ~ KENW. BOWERS ROBERT D. CORRIE COUNCn. MEMBERS Wn.LIAM L.M NARY KEITH BIRD TAMMY DE WEERD CHERIE McCANDLESS RL'RAL FIRE COMMISSIONERS RICHARD GREENE TERRY LEIGHTON STEVE ELLIOTT ':T!'I'~ ~d " CITY OF~. n. _... otGrldicrn .:;; ,,\, I j' IDAHO ?~ z ComM. )2-0'5-02- J't<.Y\I'\S Z ~ q -a. " -;;-~ _ -r .... r,-n;,'\::iU""'V , ~IIIl:E '.1':10:1 MERIDIAN CITY/RURAL FIRE DEPARTMENT --"""'- ...- ----"-_.-_.,,_._----,,--~---_._--_._------~."----_.-,----- ~~" , , -y.....-.--.........-=....... _._-.-_._-_...~-..-----"._~----_._---_. ._,,,-._.....~._._.,,._.._.,,-~--"'- November 14, 2002 RECEIVED DEe - 3 2002 City Of Meridian City Clerk Office TO: Mayor, City Council & Meridian Planning & Zoning Commission FROM: Joseph Silva, Deputy Chief, Fire Prevention SUBJECT: Daycare at 321 333 West Broadway CUP 02-037 Revised Plans The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. A Daycare Center serving 145 students will be required to meet the requirements of the Uniform Building & Fire Codes. 2. A Daycare Center will be required to pass an inspection based the requirements of the Idaho State Fire Marshal's Office. 'f:" " i--_.::~ffl.. Tara Green From: Dave McKinnon [mckinnod@ci.meridian.ld.us} Sent: Tuesday, December 03, 2002 8:21 AM To: greent@ci.melidian.id.us Subject: FW: Head Start Site RECEIVED DEe 0 3 2002 --Original Message-- From: Molly and Donn Struckman [mailto:mdstruckman@hotmail.com] Sent: Sunday, December 01, 2002 4:51 PM To: mckinnod@meridiancity.org Subject: Head Start Site City Of Meridian City Clerk Office 1211102 Dear Mr. McKinnon, I am a Meridian resident and staff member with Head Start. I am writing to ask for your support in allowing Head Start to build a new school In Meridian. We have many families that would benefit from a school in this location. In addition to teaching four year olds school readiness, we encourage, teach, and model community building, medical and dental health care. social skills. and peaceful conflict resolution to our families. Head Start activities have fostered these skills for over forty year.; and continue to do so. We have been and are an asset in all of our neighborhoods. Thank you for your consideration. Molly Struckman Family Advocate Garden City Center Pc\ Z Ht-y. OCt cmbex-t::;,.zc,02. 1l-e1'Y' 5 a~C\ 1213/2002 Tara Green From: Sent: To: Subject: Dave McKinnon [mckinnod@ci.meridian.id.us) Tuesday, December 03, 2002 8:22 AM greent@ci.meridian.id.us FW: Head start Building RECEIVED DEe 0 3 2002 -----Original Message----- From: Jan Cox [mailto:jgcox@homeinternet.net] Sent: Monday, December 02, 2002 6:49 PM To: mckinnod@meridiancity.org Subject: Head Start Building City Of Meridian City Clerk OfficE I would like to lend my support to the effort for Head Start to construct a school in Meridian. I believe the program is well run and would be a definite benefit to the community and some of its most vulnerable citizens. Head Start has a proven track record for helping the families it serves. It would be good to be able to keep the Meridian kids at home. Thank you for your time and consideration. Jan Cox p+z Ht~. Dcc.c~. 2.c!2... 1 tc.n"lS K~4 1 Tara Green From: Dave McKinnon [mckinnod@cLmeridian.id.us) Sent: Tuesday, December 03, 2002 8:22 AM To: greent@ci.melidian.id.us Subject: FW: Meridian Head Start RECEIVED DEe 0 3 2002 --Original Message-- From: Dawn Downum [mailto:dawnd@iresources.org] Sent: Monday, December 02, 2002 5:59 PM To: mckinnod@meridiancity.org Subject: Meridian Head Start City Of Meridian City Clerk Office Dear Mr. McKinnon, I would like to express my sincere approval of the Meridian Head Start Program proposed for Broadway Street in Meridian. I have lived on Broadway for 12 years and feel that the Head Start Program will be a great asset to our neighborhood. Thank you for listening!!! Craig & Dawn Downum 417 W. Broadway Meridian, ID 83642 208-888-3211 UD9rl'lde Outlook8 - Add Cul.OR to your Emails I.Cbdc"H_I~ Outlooki!l is ~ registered tr~dem~rk of Microsoft Corporation p~z Htd. Dc-c~rf\.bel' 5, 2.00 2 Hems ~4~ 12/3/2002 Tara Green From: Sent: To: Subject: Dave McKinnon [mckinnod@cl.mertdian.id.us] Wednesday, December 04, 200210:53 AM greent@ci.meridian.id.us FW: Meeting for Head Start Project RECEIVEr DEe 0 4 2mf! City Of Meridiar, City Clerk Office -----Original Message----- From: Marianne Watson [mailto:Marianne.Watson@plumcreek.com] Sent: Wednesday, December 04, 2002 9:00 AM To: llandry@focaf.org; mckinnod@meridiancity.org Subject: Meeting for Head Start Project Dave Mckinnon I was very impressed with the information given out by Lou Landry at the meeting held at the Meridian Senior Citizen Center on November 30th. My husband and myself both feel that the addition of the Head Start School at the corner of 4th and W. Broadway Ave. will be an asset to our neighborhood versus the run down house and weeds presently on this location (and lots of cats). If you would like to contact me personally, please feel free to call me at work at (208) 288-3214 or at home at (208) 888-7132. Respectfully, Marianne Watson 424 W. Broadway Ave, Meridian, ID 83642 P-a-l:. Ht~. frc. S, 2002.- ltetY\ S t-Jo, lQ t 9 1 Tara Green From: Sent: To: Subject: Dave McKinnon [mckinnod@ci.meridian.id.us] Wednesday, December 04, 2002 10:53 AM greent@ci.meridian.id.us FW: Meeting for Head Start Project RECEIVEr DEe 0 ~ 2m!'; City Of Meridian City Clerk Office -----Original Message----- From: Marianne Watson [mailto:Marianne.Watson@plumcreek.com] Sent: Wednesday, December 04, 2002 9:00 AM To: llandry@focaf.org; mckinnod@meridiancity.org Subject: Meeting for Head Start Project Dave Mckinnon I was very impressed with the information given out by Lou Landry at the meeting held at the Meridian Senior Citizen Center on November 30th. My husband and myself both feel that the addition of the Head Start School at the corner of 4th and W. Broadway Ave. will be an asset to our neighborhood versus the run down house and weeds presently on this location (and lots of cats). If you would like to contact me personally, please feel free to call me at work at (208) 288-3214 or at home at (208) 888-7132. Respectfully, Marianne Watson 424 W. Broadway Ave, Meridian, ID 83642 P+l Ht~. Ire. 5, 2002- It~tyl.S tJo, '0 +4 1 Tara Green From: Sent: To: Subject: Dave McKinnon [mckinnod@ci.meridianJd.us) Tuesday, December 03, 2002 8:22 AM greent@ci.meridian.id.us FW: Meridian Head Start center RECEIVED DEe 0 3 2002 City Of Meridian City Clerk Office -----Original Message----- From: kerbsk@MCKIl.SDOl.Kl2.ID.US [mailto:kerbsk@MCKIl.SDOl.Kl2.ID.US] Sent: Monday, December 02, 2002 4:04 AM To: mckinnod@meridiancity.org Subject: Meridian Head Start center To Whom It May Concern: I am writing this letter of support in regards to the new Head Start site in Meridian. As a resident of Meridian and a Head Start teacher, I feel that a Head Start center would be a great asset to the community. Our program currently serves children in Meridian, but the children have a long bus ride to our center in Boise. A local center would increase the amount of parent and community involvement. Head Start is a wonderful program that provides comprehensive services to low-income children and their families. It is my hope that the city of Meridian will take all of this into consideration to approve a site for Head Start in Meridian. Thank you, Kara Kerbs P.l-2. 1'-1.* Dee c::rt','OO' S. 2062 p"c Y'Y\ os 'if ~"1 1 PUBLIC HEARING SIGN-UP SHEET DATE December 5,2002 PROJECT NUMBER RZ 02-006 . PROJECT NAME Meridian Head Start . NAME FOR AGAINST /-rJr...-'--, i ,. "- r/ <i;'Nvv..-. /\At.f~W" ) .....-/ \ . RECEIVED DEe - 5 2002 CITY OF MERIDIAJ.~ .