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HomeMy WebLinkAboutLearning Garden Day Care CUP-01-025BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09-04-01 IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR A DAY CARE ) CENTER FOR APPROXIMATELY ) I00 CHILDREN IN A C-G ZONE ) FOR "THE LEARNING GARDEN ) DAY CARE CENTER", LOCATED ) AT 1230 WEST OVERLAND ROAD ) MERIDIAN, IDAHO ) ) BY: SHANALEE SLADE ) APPLICANT ) ) CASE NO. CUP-01-025 FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council on September 4, 2001, at the hour of 6:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and appearing was the Applicant, Shanalee Slade, and no one appeared in opposition, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 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 1. A notice of a public hearing on the conditional use permit ,vas published for two (2) consecutive weeks prior to the said public hearing scheduled for September 4, 2001, before the City Council, the first publication appearing and written notice having been mailed to property o,vners 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 ,veek before said hearing and the copies of all notices were made available to newspaper, radio and tdevision stations as public service announcements; and the matter having been duly considered by the City Council at the September 4, 2001, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the 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 §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 2 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 a C-G zone and by reason of the provisions Of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located on the north side of Overland Road adjacent to the west side of the Nine Mile Drain, Meridian, Idaho. 5. The owner of record of the subject property is Mike Bledsoe, John Gruenwald and loe Ballenger of Nampa, Idaho. 6. Applicant is Shanalee M. Slade of Meridian, Idaho. 7. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a commercial day care facility for up to 100 in a C-G zone. The C-G 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 3 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. ! 1. 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. 12. 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 ~vill not impose expense upon the public if the following conditions of devdopment 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 pl0a~ning jurisdiction of the City of Meridian, and in accordance with the drawing of 06/04/01 and date stamped RECEIVED JUL 16 2001 CITY OF MERIDIAN CITY CLERI( OFFICE, subject to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 4 Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Landscaping shall be installed as submitted on the site plan with the exception of the most easterly tree in the Overland Road landscape buffer. This tree shall be relocated on site & comply with the i tree per 35-feet on center criteria. Three copies of detailed landscape plans and irrigation performance specifications shall be required prior to the issuance of a Certificate of Zoning Compliance. No trees shall be planted within the recorded sewer easement. All parldng and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance i 1-13-4.F. 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 rights-of-way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. An addendum to the original Development Agreement (AZ-99-018) shall be recorded prior to occupancy, stating that only those improvements associated with the land to be developed for the Learning Garden. This shall be exclusive of the requirements of ACHD. The applicant and/or owner of the land shall be responsible for meeting the conditions and requirements of ACHD for developing this property. A five foot wide detached sidewalk shall be installed along the entire length property (not just the Learning Garden portion) adjacent to Overland Road. 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. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 5 10. 11. 12. 13. 14. 15. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parldng areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filiug all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-I C. Coordinate location and construction requirements with Sanitary Services, Inc. Certificate of Occupancy: All required improvements must be cornplete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy, ga~y temporary occupancy shall not exceed 60 days to complete the required improvements. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. Sanitary sewer and water service to this site shall be provided via service line extensions from existing mains. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. The Planning and Zoning Commission and City Council further require that a landscaping plan be provided prior to final occupancy of the building. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 6 16. 17. Adopt the Recommendations of the Meridian Fire Dept as follows: Applicant shall comply with the 1997 Uniform Fire Code. Applicant shall comply with the State of Idaho requirements for a "Day Care Center". 18. 19. 20. 21. Adopt the Recommendations of ACHD as follows: Dedicate 48-feet of right-of-way from the centefline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Locate any proposed gated entry a minimum of 50-feet from Overland Road. Coordinate the location of any proposed gated entry with District staff. District policy requires the applicant to provide a $14,000.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot ~vide concrete sidewalk on Overland Road abutting the parcel (approximately 700- feet) prior to District approval of a final plat. Construct two 30-foot wide driveways with 15-foot radii pavement tapers on Overland Road. Locate the western driveway 21 O-feet east of the west property line and the eastern driveway located to align with Sportsman Way on the south side of Overland Road. 22. Provide a recorded cross access easement among the lots proposed in the subdivision for access to Overland Road prior to final plat approval. 23. Provide a note on the final plat stating that upon redevelopment of Lot 1, Block 1, the driveway to the single family dwelling shall be closed and access to the lot shall be provided from the shared driveway located 210-feet east of the west property line. 24. Other than the access points specifically approved with this application, direct lot or parcel access to Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 7 25. The Applicant shall additionally comply with ACHD's letter dated July 11, 2001, with the conditions and requirements stated within their letter. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 26. The District's Ten Mile Drain courses through this project. The District shall require an easement to operate and maintain the facility. No encroachments or changes are allowed without prior approval. The Applicant shall contact the District to obtain right-of-way width. Adopt the Recommendations of the Sanitary Service as follo~vs: 27. The size and location of the waste enclosure is good for access but the waste vehicle will have to blindly back up to egress the property for approximately 200'. Adopt the Recommendations of the Central District Health Department as follows: 28. Applicant shall contact Susan Simmons at the Department regarding licensing and construction requirements. Additionally, the Applicant shall comply with the City Council's requirement from their September 4, 2001 meeting as follows: 29. That the Applicant shall only plant shrubbery with a shallow root system along the east side 5' buffer. 30. The landscaping along the whole frontage of Overland Road shall be fully landscaped 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as Mixed/Planned Development". FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 8 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public fadlities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and se,vet. 17. The uses proposed within the subject application will not involve uses, activities, 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. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. 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 (I.C. §67-6503). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 9 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 of the 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 pen-nit 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 § 11-17- 3) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 10 d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refnse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. 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; g. Will not involve uses, activities, 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. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. Prior to granting a conditional use permit in the General Retail and Service Commercial District (C-G), 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 § 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 1 1 recommendation of the Commission." 6. Following the public hearing and within 45 days after the condusion of the 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 § 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 12 and the Comprehensive Plan of the City of Meridian, which was adopted December 2I, 1993, Ord. 629, January 4, 1994 and Maps. 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: I. The above named applicant is granted a conditional use permit for a commercial day care facility for up to 100 in a C-G zone located at 1230 West Overland Road, Meridian, Idaho, and in accordance with the drawing of 06/04/01 and date stamped RECEIVED JUL 16 2001 CITY OF MERIDIAN CITY CLERK OFFICE, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Landscaping shall be installed as submitted on the site plan with the exception of the most easterly tree in the Overland Road landscape buffer. This tree shall be relocated on site & comply with the 1 tree per 35-feet on center criteria. Three copies of detailed landscape plans and irrigation performance specifications shall be required prior to the issuance of a Certificate of Zoning Compliance. No trees shall be planted within the recorded sewer easement. All parldng and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance 11-13-4.F. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 13 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 rights-of-way. All parking lot lighting shall be in accordance with Ordinance I 1-13-4C. An addendum to the original Development Agreement (AZ-99-018) shall be recorded prior to occupancy, stating that only those improvements associated with the land to be developed for the Learning Garden. This shall be exclusive of the requirements of ACHD. The applicant and/or owner of the land shall be responsible for meeting the conditions and requirements of ACHD for developing this property. A five foot wide detached sidewalk shall be installed along the entire length property (not just the Learning Garden portion) adjacent to Overland Road. 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. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 14 11. 12. 13. Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any temporary occupancy shall not exceed 60 days to complete the required improvements. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. Sanitary sewer and water service to this site shall be provided via service line extensions from existing mains. 14. A Certificate of Zoning Compliance and a Building Permit shall be obtained prior to the start of construction. 15. The Planning and Zoning Commission and City Council further require that a landscaping plan be provided prior to final occupancy of the building. Adopt the Recommendations of the Meridian Fire Dept as follows: 16. Applicant shall comply with the 1997 Uniform Fire Code. 17. Applicant shall comply with the State of Idaho requirements for a "Day Care Center". 18. Adopt the Recommendations of ACHD as follows: Dedicate 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision Plat or execution of a warranty deed prior to issuance of a building permit (or other reqnired permits), whichever occurs first. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 15 19. 20. 21. 22. Locate any proposed gated entry a minimum of 50-feet from Overland Road. Coordinate the location of any proposed gated entry with District staff. District policy requires the applicant to provide a $14,000.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Overland Road abutting the parcel (approximately 700- feet) prior to District approval of a final plat. Construct two 30-foot wide driveways with 15-foot radii pavement tapers on Overland Road. Locate the western driveway 210-feet east of the west property line and the eastern driveway located to align with Sportsman Way on the south side of Overland Road. Provide a recorded cross access easement among the lots proposed in the subdivision for access to Overland Road prior to final plat approval. 23. Provide a note on the final plat stating that upon redevelopment of Lot 1, Block 1, the driveway to the single family dwelling shall be dosed and access to the lot shall be provided from the shared driveway located 210-feet east of the west property line. 24. Other than the access points specifically approved with this application, direct lot or parcel access to Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 25. The Applicant shall additionally comply with ACHD's letter dated July 11, 2001, with the conditions and ~equirements stated within their letter. Adopt the Reconunendations of the Nampa & Meridian Irrigation District as follo~vs: 26. The District's Ten Mile Drain courses through this project. The District shall require an easement to operate and maintain the facility. No encroachments or changes are allowed without prior approval. The Applicant shall contact the District to obtain fight-of-way width. Adopt the Recommendations of the Sanitary Service as follows: 27. The size and location of the waste enclosure is good for access but the waste vehicle will have to blindly back up to egress the property for approximately 200'. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 16 Adopt the Recommendations of the Central District Health Department as follows: 28. Applicant shall contact Susan Simmons at the Department regarding licensing and construction requirements. Additionally, the Applicant shall comply with the City Council's requirement from their September 4, 2001 meeting as follows: 29. That the Applicant shall only plant shrubbery with a shallow root system along the east side 5' buffer. 30. The landscaping along the whole frontage of Overland Road shall be fully landscaped 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 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 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 of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 17 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 day of ~t~/6Pw~,'-', 2001. ROLL CALL: COUNCILMAN RON ANDERSON COUNCILMAN KEITH BIRD VOTED_~__m'' VOTED_~ COUNCILWOMAN TAMMY deWEERD COUNCILWOMAN CHERIE McCANDLESS VOTED_~ VOTED_~___ VOTED MAYOR ROBERT D. CORRIE (TIE BREAIQ~R) DATED: MOTION: APPROVEI~/k.(~7- DISAPPROVED: Copy served upon Applicant, Planning and Zoning Department, Public Works Department and the City Attorney. \~NPA_NTS40_ O1-010kFfCIsCUP01-010 .doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT - 18 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 09/04/01 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A DAY CARE CENTER FOR APPROXIMATELY 1 O0 CHILDREN IN A C-G ZONE FOR "THE LEARNING GARDEN DAY CARE CENTER", LOCATED AT 1230 WEST OVERLAND, MERIDIAN, IDAHO SHANALEE SLADE, APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. CUP-O1-025 ORDER GRANTING CONDITIONAL USE PERMIT 1. This matter coming before the City Council on the 4th day of September, 2001, under the provisions of Meridian City Code § 11-17-4 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 a commercial day care facility for up to 100 in a C-G zone located at 1230 West Overland, Meridian, Idaho, and in accordance with the drawing of 06/04/01 and date ORDER CONDITIONAL USE PERMIT - 1 BY SHANALEE SLADE / CUP-01-025 stamped RECEIVED JUL 16 2001 CITY OF MERIDIAN CITY CLERK OFFICE, subject to the following conditions of use and development: Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: Landscaping shall be installed as submitted on the site plan with the exception of the most easterly tree in the Overland Road landscape buffer. This tree shall be relocated on site & comply with the 1 tree per 35-feet on center criteria. Three copies of detailed landscape plans and irrigation performance specifications shall be required prior to the issuance of a Certificate of Zoning Compliance. No trees shall be planted within the recorded sewer easement. All parking and areas of circulation shall be improved with a hard surface in accordance with Meridian City Code 11-13-4.D, and shall be installed and striped in accordance with the submitted site plan and Ordinance 11-13-4.F. All exterior lighting, whether attached to the building or located within the parldng lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or rights-of-way. All parldng lot lighting shall be in accordance with Ordinance 11-13-4C. An addendum to the original Development Agreement (AZ-99-018) shall be recorded prior to occupancy, stating that only those improvements associated with the land to be developed for the Learning Garden. This shall be exclusive of the requirements of ACHD. The applicant and/or owner 9f the land shall be responsible for meeting the conditions and requirements of ACHD for developing this property. A five foot wide detached sidewalk shall be installed along the entire length property (not just the Learning Garden portion) adjacent to Overland Road. 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. ORDER CONDITIONAL USE PERMIT BY SHANALEE SLADE / CUP-01-025 -2 All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, I0-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing ail necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 10. Trash: The trash enclosure shall be enclosed on at least 3 sides by a solid wall or sight obscuring fence at least four feet in height in accordance with Ordinance 11-12-1C. Coordinate location and construction requirements with Sanitary Services, Inc. 11. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 1 I0% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid shall accompany any request for temporary occupancy. Any temporary occupancy shall not exceed 60 days to complete the required improvements. 12. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 13. Sanitary sewer and water service to this site shall be provided via service line extensions from existing mains. I4. A Certificate of Zoning Compliance and a Building Permit shail be obtained prior to the start of construction. 15. The Planning and Zoning Commission and City Council further require that a landscaping plan be provided prior to final occupancy of the building. ORDER CONDITIONAL USE PERMIT - 3 BY SHANALEE SLADE / CUP-01-025 16. 17. Adopt the Recommendations of the Meridian Fire Dept as follows: Applicant shall comply with the 1997 Uniform Fire Code. Applicant shall comply with the State of Idaho requirements for a "Day Care Center". Adopt the Reconunendations of ACHD as follows: 18. Dedicate 48-feet of right-of-way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. 19. Locate any proposed gated entry a minimum of 50-feet from Overland Road. Coordinate the location of any proposed gated entry with District staff. 20. District policy requires the applicant to provide a $14,000.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Overland Road abutting the parcel (approximately 700- feet) prior to District approval of a final plat. 21. Construct two 30-foot wide driveways with 15-foot radii pavement tapers on Overland Road. Locate the western driveway 2 lO-feet east of the west property line and the eastern driveway located to align with Sportsman Way on the south side of Overland Road. 22. Provide a recorded cross access easeinent among the lots proposed in the subdivision for access to Overland Road prior to final plat approval. 23. Provide a note on the final plat stating that upon redevelopment of Lot 1, Block 1, the driveway to the single family dwelling shall be dosed and access to the lot shall be provided from the shared driveway located 21 O-feet east of the west property line. 24[. Other than the access points specifically approved with this application, direct lot or parcel access to Overland Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. ORDER CONDITIONAL USE PERMIT BY SHANALEE SLADE / CUP-01-025 -4 25. The Applicant shall additionally comply with ACHD's letter dated July 11, 2001, with the conditions and requirements stated within their letter. Adopt the Recommendations of the Nampa & Meridian Irrigation District as follows: 26. The District's Ten Mile Drain courses through this project. The District shall require an easement to operate and maintain the facility. No encroachments or changes are allowed without prior approval. The Applicant shall contact the District to obtain right-of-way width. Adopt the Recommendations of the Sanitary Service as follows: 27. The size and location of the waste enclosure is good for access but the waste vehicle will have to blindly back up to egress the property for approximately 200'. Adopt the Recommendations of the Central District Health Department as follows: 28. Applicant shall contact Susan Simmons at the Department regarding licensing and construction requirements. Additionally, the Applicant shall comply with the City Council's requirement from their September 4, 2001 meeting as follows: 29. That the Applicant shall only plant shrubbery with a shallow root system along the east side 5' buffer. 30. The landscaping along the whole frontage of Overland Road shall be fully landscaped 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 ,vithout complying with the provisions of Meridian City Code § 11-17-8, a copy of ORDER CONDITIONAL USE PERMIT - 5 BY SHANALEE SLADE / CUP-01-025 which is attached to this permit. By action of the City Council at its regular meeting held on the dayof d¢n 2001. D. C~,~ic, 1,4ay,~r City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By City Clerk Dated: \~,rPA_NTS40_PDC~SERVER_Z~Work~i~leridian~Meridian 15360M~Learning Garden Day Care Center 025\OrderCUP01-025.doc ORDER CONDITIONAL USE PERMIT BY SHANALEE SLADE / CUP-01-025 -6