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HomeMy WebLinkAboutMeridian Head Start CUP 02-037 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR MERIDIAN HEAD START IN THE O-T ZONE, LOCATED AT 321 AND 333 WEST BROADWAY AVENUE, MERIDIAN, IDAHO FRIENDS OF CHILDREN & FAMILIES, INC., APPLICANT C/C 01/14/03 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-037 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on January 14, 2003 at the hour of7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Brad Hawkins-Clark Interim Planning Director for the Planning and Zoning Department, and Lewis Landry, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT I. A notice of a public hearing on the conditional use permit was published for two FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDmONAL USE PERMIT - 1 (2) consecutive weeks prior to the said public hearing scheduled for January 14, 2003, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the January 14, 2003, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code 967-6509, 6512, and Meridian City Code 9911-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an 1- L zone and by reason of the provisions of the Meridian City Code 9 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 321 and 333 West Broadway Avenue, Meridian, Idaho. 5. The owners ofrecord of the subject property are Lois Marrs, 771 N.W. 15th, Meridian, Idaho 83642 and Jeanette Shaffer, 2610 Polk Street, Caldwell, Idaho 83605. 6. Applicant is Friends of Children and Families, Inc., 4709 W. Camas, Boise, Idaho 83705. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 7. The subject property is currently zoned I-L. An application for Rezone to O-T is currently pending before the City of Meridian. The zoning district of 0- T is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for development of a two classroom Head Start Center serving young children and their families and also a 400 sq. ft. community meeting room. The 0- T zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1 ). 9. The Meridian City Council recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The City Council recognizes the concerns of James Cain expressed in his letter dated November 15, 2002. The Council also recognizes the letters of support from Patty Miles dated November 20,2002; Marianne Watson dated December 4,2002; Kara Kerbs dated December 2, 2002; Molly Struckman dated December 31,2002; Jan Cox dated December 2, 2002; Craig and Dawn Downum dated December 3, 2002. 12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 13. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction ofthe City of Meridian, subject to the following: A. Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows: 1. The applicant should not be required to tile the Rutledge Lateral. In lieu of tiling, the applicant shall construct a fence along the southern boundary of the project. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 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 be continuously maintained, and any dead or dying vegetation shall be replaced upon request from the City. 2. A detached sidewalk on Broadway Avenue shall be installed as submitted on the submitted site plan (Sheet C-l, revised 11-8-02). 3. Parking shall be installed as submitted on the site plan (Sheet C-l, revised 11-08-02) and shall be in compliance with the ADA and MCCll-13. 4. The slope in the storm-water detention basin shall not be steeper than a 3:1 slope. 5. 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. 6. All signage shall be in accordance with the standards set forth in Section 11-14 of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDmONAL USE PERMIT - 4 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. 7. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the Uniform Building Code. 8. A Certificate of Zoning Compliance and a Certificate of Occupancy shall be obtained prior to opening the preschool. C. Adopt the Recommendations of ACHD as follows: Site Soecific Conditions of Aooroval 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 east of the west property line. This location floes not meet District policy for offsets from an intersection, but shall be approved by Commission action with a modification of policy. 4. Construct driveway # 2 on Broadway Street located llO-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. Standard Conditions of Aooroval 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 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 mGLINE (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. 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. D. Adopt the recommendations of Central District Health Department as follows: 1. Plans are required to be submitted for a plan review for any childcare center. 2. Applicant must contact Susie Simons at CDHD 327-8530 regarding licensure of the facility. E. Adopt the recommendations ofNampa & Meridian Irrigation District as follows: 1. File a Land Use Change Application with the Irrigation District for its review. 2. If a pressure urban irrigation system is proposed that will be owned, operated and maintained by the Irrigation District, please coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 pressure system. 3. The District's Rutledge Lateral and Ninemile Drain course along the south boundary of the proposed project. Any encroachments within the rights-of-way without approval plans and a signed License Agreement are unacceptable. F. Adopt the recommendations of Sanitary Service Company as follows: 1. Address the concerns of Bill Gregory, SSC, 888-3999 regarding waste volume & enclosure width. G. Adopt the recommendations of Meridian Fire Department as follows: 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 on the requirements of the Idaho State Fire Marshal's Office. H. Adopt the action of the City Council taken at their January 14, 2003 meeting as follows: 1. The applicant is allowed the waiver from tiling of the Rutledge Lateral. 2. For clarification, the applicant shall keep as many of the existing trees that are presently located upon the properties, except those that are diseased or aged. 14. That the site is large enough to accommodate the proposed use and all 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 MCC 12-13-12-4. 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 of the MCC (section 12- 13-18). The "Alternative Compliance" section of code allows the applicant to request a reduction 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 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. Other Features- Staff finds that the site is large enough for all ofthe other required development features such as parking, open space, yards and street improvements. 15. The current Comprehensive Plan Land Use Map designates the property as "Old Town". Therefore, it is found 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. 16. It is found 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. 17. It is not anticipated that the proposed use will have any adverse effect on nearby properties. 18. It is found that the proposed development will be adequately served by the essential public facilities and services. 19. It is found 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. 20. It is found that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. 21. It is found that the proposed use will not create significant interference with any FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 traffic on the surrounding public streets as long as ACHD requirements are met and all approaches and traffic control measures are installed. 22. It is found that no natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. 967-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions ofthe ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code 9 11-17-3) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 a. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this Ordinance; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; 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 ofthe general vicinity and that such use will not adversely change the essential character of the same area; d. That the proposed use, ifit complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; e. 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, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. 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; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. 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. 5. Prior to granting a conditional use permit in the Old Town District (0- T), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code 9 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 11 industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion ofthe public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code 9 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for development of a two classroom Head Start Center serving young children and their families and also, a 400 sq. ft. community meeting room in the O-T zone located at 321 and 333 West Broadway Avenue, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations ofthe Planning and Zoning Commission as follows: 1. The applicant should not be required to tile the Rutledge Lateral. In lieu of tiling, the applicant shall construct a fence along the southern boundary ofthe project. B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 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 be continuously maintained, and any dead or dying vegetation shall be replaced upon request from the City. 2. A detached sidewalk on Broadway Avenue shall be installed as submitted on the submitted site plan (Sheet C-l, revised 11-8-02). 3. Parking shall be installed as submitted on the site plan (Sheet C-l, revised 11-08-02) and shall be in compliance with the ADA and MCCII-13. 4. The slope in the storm-water detention basin shall not be steeper than a 3: 1 slope. 5. All exterior lighting, whether attached to the building or located within the parking FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 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 Il-13-4C. 6. 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. 7. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the Uniform Building Code. 8. A Certificate of Zoning Compliance and a Certificate of Occupancy shall be obtained prior to opening the preschool. C. Adopt the Recommendations of ACHD as follows: Site Svecific Conditions of Aooroval 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 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 I5-feet east of the west property line. 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. Construct driveway # 2 on Broadway Street located 110- 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. Standard Conditions of Aooroval 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 ofIdaho shall prepare and certify all improvement plans. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 6. The applicant shall submit revised plans for $taff 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 mGLINE (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. 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. D. Adopt the recommendations of Central District Health Department as follows: 1. Plans are required to be submitted for a plan review for any childcare center. 2. Applicant must contact Susie Simons at CDHD 327-8530 regarding licensure of the facility. E. Adopt the recommendations ofNampa & Meridian Irrigation District as follows: 1. File a Land Use Change Application with the Irrigation District for its review. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDmONAL USE PERMIT - 16 2. If a pressure urban irrigation system is proposed that will be owned, operated and maintained by the Irrigation District, please coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. 3. The District's Rutledge Lateral and Ninemile Drain course along the south boundary ofthe proposed project. Any encroachments within the rights-of-way without approval plans and a signed License Agreement are unacceptable. F. Adopt the recommendations of Sanitary Service Company as follows: 1. Address the concerns of Bill Gregory, sse, 888-3999 regarding waste volume & enclosure width. G. Adopt the recommendations of Meridian Fire Department as follows: 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 on the requirements of the Idaho State Fire Marshal's Office. I. Adopt the action of the City Council taken at their January 14, 2003 meeting as follows: 1. The applicant is allowed the waiver from tiling of the Rutledge Lateral. 2. For clarification, the applicant shall keep as many of the existing trees that are presently located upon the properties, except those that are diseased or aged. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code 911-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action ofthe governing body of the City of Meridian, pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use 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. By action of the City Council at its regular meeting held on the -?~~ ?-C/ day of .;T~ ,2003. ROLL CALL: COUNCILMAN KEITH BIRD VOTED /!b~ COUNCILWOMAN TAMMY deWEERD VOTED~ COUNCILWOMAN CHERIE Mc CANDLESS VOTED$ COUNCILMAN WILLIAM L.M. NARY VOTED~ MAYOR ROBERTj). CORRIE (TIE BREAKER) VOTED DATED: 1,j!.-Y-t?.3 MOTION: ~ APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. By:Ji~, -..ft~9/ City Clerk Dated: \\\\11111.111111/ \\\\\_c:~~ filII \\ _f U' ~ " " """' ,,~ ,.... )., ~" ... c; ~ }' CPflPD1i.4 ~ ~ ~ZfJ-tJ3l ~ ~ % Z:\WorkIMIMeridianIMeridian 15360MIMeridian Head Stlrt RZ-02-Q06 CUP-Q2-037\FfClsCUP02-Q37.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDmONAL USE PERMIT - 19 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR MERIDIAN HEAD START IN THE O-T ZONE, LOCATED AT 321 AND 333 WEST BROADWAY AVENUE, MERIDIAN, IDAHO FRIENDS OF CHILDREN & FAMILIES, INC., APPLICANT C/C 01114/03 ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-02-037 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on January 14, 2003, under the provisions of Meridian City Code 911-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 2. That the above named applicant is granted a conditional use permit for development of a two classroom Head Start Center serving young children and their families and also for a 400 sq. ft. community meeting room in the O-T zone located at 321 and 333 West Broadway Avenue, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The applicant should not be required to tile the Rutledge Lateral. In lieu of tiling, the applicant shall construct a fence along the southern boundary ofthe project. ORDER CONDITIONAL USE PERMIT (CUP-02-037) - 1 B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: 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 be continuously maintained, and any dead or dying vegetation shall be replaced upon request from the City. 2. A detached sidewalk on Broadway Avenue shall be installed as submitted on the submitted site plan (Sheet C-l, revised 11-8-02). 3. Parking shall be installed as submitted on the site plan (Sheet C-l, revised 11-08-02) and shall be in compliance with the ADA and MCC 11-13. 4. The slope in the storm-water detention basin shall not be steeper than a 3: 1 slope. 5. 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. 6. 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. 7. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act and the Uniform Building Code. 8. A Certificate of Zoning Compliance and a Certificate of Occupancy shall be obtained prior to opening the preschool. C. Adopt the Recommendations of ACHD as follows: Site Soecific Conditions of AOlJroval 1. In accordance with District policy, the applicant shall be required to improve the unopened right-of-way of 4th Street. ORDER CONDITIONAL USE PERMIT (CUP-02-037) -2 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. Ifthe 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 I5-feet east of the west property line. 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. Construct driveway # 2 on Broadway Street located 1l0-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. ORDER CONDITIONAL USE PERMIT (CUP-02-037) -3 Standard Conditions of AOlJroval 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 ofIdaho 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 DIGLINE (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. ORDER CONDITIONAL USE PERMIT (CUP-02-037) -4 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. 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. D; Adopt the recommendations of Central District Health Department as follows: 1. Plans are required to be submitted for a plan review for any childcare center. 2. Applicant must contact Susie Simons at CDHD 327-8530 regarding licensure of the facility. E. Adopt the recommendations ofNampa & Meridian Irrigation District as follows: 1. File a Land Use Change Application with the Irrigation District for its review. 2. If a pressure urban irrigation system is proposed that will be owned, operated and maintained by the Irrigation District, please coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. 3. The District's Rutledge Lateral and Ninemile Drain course along the south boundary of the proposed project. Any encroachments within the rights-of-way without approval plans and a signed License Agreement are unacceptable. F. Adopt the recommendations of Sanitary Service Company as follows: 1. Address the concerns of Bill Gregory, SSC, 888-3999 regarding waste volume & enclosure width. G. Adopt the recommendations of Meridian Fire Department as follows: I. A Daycare Center serving 145 students will be required to meet the requirements ORDER CONDITIONAL USE PERMIT (CUP-02-037) -5 of the Uniform Building & Fire Codes. 2. A Daycare Center will be required to pass an inspection based on the requirements of the Idaho State Fire Marshal's Office. H. Adopt the action ofthe City Council taken at their January 14, 2003 meeting as follows: 1. The applicant is allowed the waiver from tiling of the Rutledge Lateral. 2. For clarification, the applicant shall keep as many of the existing trees that are presently located upon the properties, except those that are diseased or aged. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit., 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code 9 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the tfj~ day of 0'~!J. (/ ,2003. Bd!~#~~ City Clerk Dated: 1~~$'/03 Z:\WorkIM\MeridianlMeridian 15360MlMeridian Head Smrt RZ-02-006 CUP-02-03711prderCUP.doc ~ ORDER CONDITIONAL USE PERMIT (CUP-02-037)