Loading...
HomeMy WebLinkAboutSunshine Academy CUP 03-006March 17, 2003 CUP 03-006 MERIDIAN PLANNING 8. ZONING MEETING March 20, 2003 APPLICANT Sharon O'Toole and Debbie and James Sheridan ITEM NO. ~ 0 REQUEST Public Hearing -Request for a Conditional Use Permit for a Child Care Facility for approximately 30 children in a proposed QT zone for Sunshine Academy - 230 West Pine 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANRARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: COMMENTS See attached Comments "No Comment" See attached Comments See attached Comments C©~`~l nl) V 1 ~~ I ~~li .~ INTERMOUNTAIN GAS: OTHER: See attached Pre\\lition Contacted: 0~ U 0 Date: ~ ~~~ Phone: Materials presented of public meetings shall become properly of the City of Meddfan. ~k MRR-13-2003 61:04P FROM: Sani tars Seru ices. I 266-8613-5052 TO: Meridian Clerk P: 4~7 ..i° LEGAL nC-PA RTMF.VT twIAYQR -- ~.~~ ;~ (]0812tl6•Za79•rax !xx~ssm ROl#I'1 U C'urnc ~1 ('IrY t)M I'r;1: _ PANKS G. RHf:Nt;?.'rIUM1 fa"I'Y f:OtiN(:IL MEMBERS y' /fJ y/J ~ ~~`' (208 588.1579 • Fax 8986501 ~~/ ~!!L ~~/L ~ if `:. 1'UaLIC WUHKS Tammy deWen'd " (?08) 89N~SSW •Fax 867-IP)1 Witham L hI Nary ID•iHU ~~ / aVILU1NU UtI+A KI'MEN'1' Chcnc Mrraudlcas ~ (?0618612211 • Fax 88l~ L'91 Kcilh alrtl S[il.~iLtlLV ~~ u,w I'LANNINC ANU ZUNING ' 1°°° 1=Ud) 68a•i5)3 • Fax 886-a85+ 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 Cily Clerk's Office Attn: will Berg, City Clerx, by: March 13, 2003 Transmittal Date: February 5, 2003 Hearing pate: March 20, 2003 File No.' CUP 03-006 Request: Request for a Conditional Use Permit for a Child Care Faculty for appox. 30 children in a proposed 0-T zone for ; By: Sharon O'Toole and Debbie & James Location of Property or Project: 230 West Pine Av David Zaremba, P2 (No VAR. VAC. FP) Jerty Centers, P/Z (NO VAR. VAC. FP) Leslie Mathes, P/Z (No VAR, VAC, FP) Michael Ronm, PIZ (NO VAR, VAC, FP) Keith Bosup, P/Z (NO VAR. VAC, FP) RobeA Corrle, Mayor Bill Nary, C/C Tammy deWeerd, CIC Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department _~ Sanitary Service (NO vale, uric, FPI Building Department Flre Department Police Department City Attorney City Engineer City Planner Parks Department Meridian School District (NO FP) Meridian Post Office (FPiPP oMy) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian In1g. District Settlers Irtigation District Idaho Power Co. (FPrPP onry) U.S. West (FPrPPOMy) Intermountain Gas (FPiPP oMy) Bureau of Reclamation (FP?P only) Idaho Transportation Department (No FP) Atle COUnty (AN1ara0on oMy) Meridian Development Corporation __,___•r Historical Preservation Commission Your Concise Remarks: RECEI MAR 17 2003 City Of Meridian City Clerk OfficE 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (308) 888.4433 -Fax (2D8) 487.4813 • Clty (:lerk Dttia Fax (208) 88$•d218 • Human Resources fax (208) 884-5723 MRR 13 '03 13:13 March 14,2003 RE: Notice of hearing for the rezoning of 230 West Pine, Meridian, Idaho, .035 acre from R-4 to 0-T zones and the application of a conditional use permit for the Sunshine Academy Child Care Facility located at 230 West Pine, Meridian, Idaho. We as neighbors object to the rezoning and conditional use permit of above described property for the following reasons: 1. SAFETY OF CHILDREN. Especially children walking to and from school on Pine St. and side streets, and in front of 230 West Pine. 2. CONGESTION. Since 230 West Pine is right next to Meridian Elementary School, there is already congestion with heavy traffic, and this would contribute to even more congestion. 3. TRAFFIC AND NOISE IMPACT. ~ 4. KEEPING THIS A RESIDENTIAL NEIGHBORHOOD. ~u~ ~; r :~ 306 ~/ ,~,~ s~. ,~/,.~ ~s 9 J ~,' `, r ~~, 1 Ji ;` ~~,~ cJ-j- Ac=jam ~/ ' } ~ 4~~ ~v • ~ ~~ ~i~~~ 1 1 ~I 4 U-% ? ti O ST. IG~,crc.~.cwN (C t4-~-~ Y~t~'') 9'0 ~ uJ ~~ CENTRAL •~ DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Divisiong,ECEIVED Return to: ^ Boise FEB 1 8 2303 ^ Eagle ^ Garden City C l,L p ~ ~ -~ (-, City Clerk Office meridian Preliminary /Final /Short Plat ^Kuna ?~in..~iC~i,n..a ~acarJ.e.,..,.~-~, ^ACZ ~~ /3 /C Q/~ 7 a.lnc..r ^Star ^ 1. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment conceming individual sewage disposal, we will require more data conceming the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutdents and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8: After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community waterwell ^ interim sewage ^ centralwater ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ communitysewagesystem ^ communitywater ^ sewage dry lines ^ central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State ~/~ Sewage Regulations. ~-~3-tNe will require plans be submitted for a plan review for any: ~/' !' - ^ food establishment ^ swimming pools or spas ,~ticnild care center ^ beverage establishment ^ grocerystore ~14. ~S.A s ~.- 5.....-...mss ® ~ ~ ~/J ~~, tf'J .J ~ /~PSNS'd mow.. ~lc ~.`S u.r~ e Date: Z / i~ /~ Reviewed By: .~,..~~/~ Review Sheet conov~aoi~ MAYOR Robert D. Cowie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird r ~^ ,~ ~ • s_ ;. ~gT .~~,~~ ,~~+' [:ITV t)F ~li1~:~ ~.~YLEY1r~1~Y1 "' tl IDAAHO LEGAL DEPARTMENT (208) 268-2499 • Fax 288-?501 PARKS & RECREATION (208 888-3579 • Fax 898-5501 PUBLIC WORKS (208)898-5500 •Fax 887-1291 BUILDING DEPARTMENT (208) 887-2211 • Fax 837-1297 PLANNING AND ZONING (208) 386-5533 • Fu d88-G85J 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: March 13, 2003 Transmittal Date: February 5, 2003 File No.: CUP 03-006 Request: children in a proposed O-T zone for Sunshine Academy rcequest for a Conditional Use Permit for a Child Care Facility for appox. 30 By: Sharon O'Toole and Debbie & James Shendan Location of Property or Project: 230 West Pine Avenue David Zaremba, P/Z (No VAR, VAC, FPJ Jerry Centers, P2 (No VAR, VAC, FPJ Leslie Mathes, P/Z (No VAR, VAC, FP) Michael Rohm, P2 (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Come, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C f Water Department Sewer Department Sanitary Service (NO vAR, vac, FPJ Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Hearing Date: March 20, 2003 Meridian School District (No FPJ Meridian Post Office (FPrPP Dory) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP onryJ U.S. West (FP/PP only) Intermountain Gas (FPrPP ~~ty) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County (Annexation Dory) Meridian Development Corporation ~EI~TED Fc6 1 t 2003 City Qf Meridian 33 EAST IDAHO • MERIDIAN, IDAHO 83642 City Clerk Office (208) 888.4433 • Fax (208) 887-4813 City Clerk Ot'tice Fare (208) 688-4218 Human Resources Fax (208) 8848723 Historical Preservation Commission HUB OF TREASURE VALLEY MAYOR Robert D. Come CTPY COUNCII.MEMSERS I{eith Bird Tammy deWee[d Cherie McCandless W81iam L. M. Nary A Good Place to Live ~/~ ~ D'M ~ ~~ CITY OF MERIDIAN ~- 33 EAST IDAHO ~ /~/~ 2 MERIDIAN, IDAHO 83642 l .7 (208) SSS-4433 • FAX (208) 887-4813 City Clerk Office Fas (2D8) 888-0218 MEMORANDUM: To: Mayor, City Council and Planning & Zoning Commission From: Dave McKinnon, Planner II Bruce Freckleton, Senior Engineering Tech Re: Ni Days Addition/ Sunshine Academy (230 W. Pine Street) March 20, 2003 RECEIVEj) MAR 1 4 2003 CITY OF MERIDIAN CITY Cl_FRK (~FFICF Request for a Rezone of 0.35Acres of Land Located at 230 W. Pine Avenue from R-4 (Low Density Residential District) to O-T (Old Town), by Merlyn Schmeckpeper (File No. RZ-03-003). • Request for A Conditional Use Permit to Allow a Childcare Center for Approximately Thirty (30) Children at 230 W. Pine Avenue, in a Proposed 0- T (Old Town) Zone, by Sharon O'Toole and Debbie and James Sheridan (File No. CUP-03-006). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in fuly unless expressly modified or deleted by motion of the Meridian City Connc~: APPLICATION SUMINARY The owner of the subject property, Merlyn Schmeckpeper, has requested We approval of a rezone of his property, 230 W. Pine Avenue, from R-4 to O-T in order to accommodate a request for a Conditional Use Permit to allow a childcare center to be started on the property. The applicants for the Conditional Use Permit, Sharon O'Toole and Debbie and 3ames Sheridan would like to convert the existing single family dwelling at 230 W. Pine Avenue into a Childcare center for approximately 30 children. The property is depicted as "Old Town" on the Comprehensive Plan's Future Land Use Map, and the development of Iand in the Old Town Zoning District requires a Conditional Use Permit for the proposed childcare center use. The existing buildings on site consist of a 1,450 square foot single family dwelling and a detached two car garage (approximately 660 square feet). Parking for the proposed clldcare center will be located within the garage and at the rear of the property. LOCATION The subject property, 230 W. Pine Avenue, is located on the north side of Pine Avenue, bordered on the west side by W. and Street. Planning & Zoning Commission/Mayor & City Council March 20, 2003 Page 2 SURROUNDING PROPERTIES North: Single family residential and Meridian Elementary, zoned R-4. South: Single family residential, zoned R-8. East: Single and multi-family residential, zoned R-4. West: Single family residential, zoned R-4. CURRENT OWNERS OF RECORD Merlyn Schmeckpeper is the current owner of the subject property and he has submitted an affidavit of legal interest to allow the applications to be submitted for the subject property. 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 shall 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 requested Old Town (O-T) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map which delineates the subject property as "Old-Town". The text of the Comprehensive Plan (page 99) supports the conversion of existing single family homes in the O-T zone for uses other than residential uses. B. Ia the area included in the zoning amendment intended to be re-zoned in the future; Staff finds that the proposed re-zone and accompanying development plans comply with the requested zone and Staff does not anticipate that the property will be rezoned in the future. C. ]s the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning; Staff fmds that the applicant has submitted detailed development plans for a Conditional Use Permit for the property. Staff further finds that the proposed childcare use will only be allowed with the approval of a Conditional Use Permit in the proposed O-T zone. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned; Staff finds that the recent adoption of the City's new Comprehensive Pan has provided the applicant with the ability to request the O-T zone for the subject properly. Staff finds that there have been no physical changes in the area that would change how the property could be rezoned. Planning & Zoning Commission/Mayor & City Council March 20, 2003 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 snch use will not change the essential character of the same area; Staff finds that the proposed developmern is designed in a manner that will be harmonious with and appropriate in appeaance with the existing neighborhood and intended character of the area. The existing building(s) will remain on site and not be altered dramatically for the proposed daycare use. F. Will not be hazardous or disturbing to existing or future neighboring uses; Staff finds that the requested rezone should not be disturbing to existing or future neighboring uses. Specific uses allowed (either pemutted uses or conditional uses) within the 0-T zone may be disturbing to future or existing neighbors; however staff anticipates that the proposed childcare use will not be hazardous or disturbing to the neighboring uses. The Commission and Council should carefully consider all public testimony, oral and written, before making this finding. G. 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 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. Drainage will need to be retained on site. $ Will not create excessive additional requirements at public cost for public facilities and services snd will not be detrimental to the economic welfare of the community; Staff finds that the requested uses will not create excessive additional requirements at public costs for public facilities and services. Additionally, staff fmds that the proposed rezone would not be detrimental to the economic welfare of the community. L 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 proposed O-T zoning designation of the property does not inherently allow uses that will generate activities, processes, materials, equipment, and conditions that are detrimernal to the general welfare of the community. 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; Planning & Zoning Commission/Mayor & City Council March 20, 2003 Page 4 Staff finds that the proposed 0-T zoning will not interfere with general traffic patterns on any public streets. IC. 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. A small drainage/irrigation ditch will need to be tiled on the western property line of the subject property, but staffwould not classify it as a feature of major importance. L. Is the proposed zoning amendment in the best interest of the City; Staff finds that the proposed rezone would be in the best interest of the City by allowing a property owner to make improvements to the property for re-development that would otherwise not be allowed without the rezone. STANDARDS FOR CONDITIONAL USES The Commission and Council shall 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 fmd 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 all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Staff finds that the subject property is large enough to accommodate the requested use and all required features. Some modifications will need to be made to the parking lot layout as there is not a van accessible handicap parking stall indicated on the submitted site plan. Parking for a childcare use is determined by requiring one parking stall for each employee, plus one for every ten children (MCC 11-13). The applicant has provided three (3) uncovered parking spaces and two wvered parking spaces (garage). The applicant stated in their application that there would be three employees and 30 children, totaling a need for 6 parking spaces where only 5 have been provided. Staff finds that additional off-street parking can be accommodated behind the garage, if the garage is used exclusively for employee parking or off of the 3'~ street frontage located behind the existing detached single family dwelling. One ofthe spaces will need to be modified to be van accessible per ADA requirements. Please see the "Additional Considerations" section of the report below for additional information concerning parking for this project. 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; Planning & Zoning Commission/Mayor & City Council March 20, 2003 Page 5 As noted earlier in the report, the Comprehensive Plan Land Use Map designates the property as "Old Town", in harmony with the requested 0.T caning designation. 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 the design concept to be compatible with the other various uses found in the general neighborhood, and existing/irnended character of the area. D. That the proposed uae, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed project will have an adverse impact on the surrounding property; however, the Commission and Council should consider any testimony given at the public hearings before making this finding. E. That the proposed use wr71 be aerved 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 services; Staff finds that the proposed developmern will be adequately served by the essential public facilities and services listed above, if improvements are made by the applicant in accordance with existing policies, ordinances and the international building and fire codes. F. That the 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 improvements would not be detrimemal to the economic welfare of the community, nor would they create the need for any new facilities or services to be paid for by the public. G. That the proposed uae will not involve activities or processes, materials, equipment, and conditions of operation 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 no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use: H. That the proposed use will have vehicular approaches to the property which shall be Planning & Zoning Commission/Mayor & City Council March 20, 2003 Page 6 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, if street and parking improvements are designed in conformance with ACRD requirements. Parking access is taken offthe alley, not from Pine Street. L That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance ofthis conditional use. SPECIAL CONSIDERATIONS 1. Pazking Modifications: As noted above in the first finding (for the CUP), the property is large enough to have all ofthe required pazking placed on-site, but the submitted site plan does not meet the minimum number of parking stalls needed by the proposed daycare use and it does not address the need of a van accessible ADA parking space on site. Modifications can be made to the site plan to accommodate the additional pazking. The addition of two (2) angled parking stalls behind the gazage door would increase the number of parking stalls within the proposed parking lot to seven (7) stalls. However, one of the existing stalls will need to be modified to accommodate the dimensions of an ADA van accessible parking space (9'x16'). The van accessible parking stall should be located as close to the entrance as possible, and should therefore be the pazking stall directly behind the house. This will modify the three (3) parking stalls behind the house, reducing the number of stalls by one (1), but would also provide additional landscape buffering on the north side of the property (approximately 5 additional feet). With the addition of the two spaces behind the garage, and the loss of one space behind the house to accommodate the van accessible ADA pazking stall, the tote( number of pazking stalls provided would be six stalls, where six are required. Other options for providing additional parking include requesting a variance to allow existing street pazking to count towazds on-site parking, taking pazking lot access off of W. 3'~ Street or removing the garage to make room for additional parking. 2. Alternative Com hp 'ante (LAn~iscapinel: The Landscape Ordinance requires a twenty foot (20') buffer between single family residential uses and childcare uses (MCC 12-13-12-5), and the applicant has requested a fifteen foot (IS') reduction of the required landscape buffer adjacent to the single family residence north of the proposed childcare center. The applicant has made this request pursuant to the alternative compliance section of the Landscape Ordinance (MCC12-13-8) that allows a reduction in landscaping without a variance, if the project meets certain criteria, such as a change of use on an existing site and the buffer is lazger than can be provided. (MCC12-13-18-2C). Planning & Zoning Commission/Mayor & City Council March 20, 2003 Page 7 Given the higher intensity and mixed use nature of the Old Town zoning requested for the subject property and the change in use of the property from single family residerrtial to childcare, staff can support a reduction in landscape buffers between lots; however staff recommends that the buffer be increased to at least ten feet in width and should run along the entire length of the northern property line (excluding the alley). The applicant has not provided landscaping plans for the proposed buffer. New landscaping plans will need to be provided by the applicant, in compliance with the Landscaping Ordinance, for review prior to the next public hearing. The Commission should detemune if the proposed reduction in landscaping is appropriate for the proposed use in the proposed O- Tzone. Furthermore, the new landscaping plan will need to include a ten foot (10') wide buffer adjacent to 3rd Street, in compliance with the Landscape Ordinance. Sidewalk on 3~ Street: The applicam has not proposed the construction of a sidewalk on 3rd street as required by the MCC. ACRD waived their requirement for a sidewalk, based on the fact that the sidewalk does not connect to anything and is near the end of a dead- end road. Likewise, staff recommends waiving the requirement to provide a sidewalk on the south side 3rd Street, based on the waiver allowance for properties having more than a 100' foot wide lot fromage, found in MCC 12-5-2K. .CONDITIONS OF APPROVAL In accordance with MCC 11-13-4.B.2, underground year-round pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit irrigation performance specifications based on the proposed landscaping when applying for a Certificate of Zoning Compliance. Applicant shall be required to utilize any existing surface or well water for the primary source, if existing. If City water is proposed for irrigation, developer shall be responsible for paying water assessments for the landscaped areas. 2. Applicant may be subject to a water and sewer assessment increase due to the more intense use. The re-assessment shall be Public Works Department prior to occupancy. Applicant shall coordinate with Sanitary Services Corporation (SSC) regarding the location and design of the trash enclosure area. Submit details and written approval with a Certificate of Zoning Compliance application. The trash enclosure shalt be in compliance with section 11-12-1.C of the MCC. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act, the IBC (International Building Code) and the IFC (Intemational Fire Code). The IBC defines all buildings used in the daycare of 6 or more children as an E-occupancy and must then meet all standards as set forth in the IBC for such an occu~ancy_ Planning & Zoning Commission/Mayor & City Council March 20, 2003 Page 8 5. The applicant shall meet all of the licensing requirements of the State of Idaho prior to beginning operation. A copy of the State license shall be submitted to the Clerks office for inclusion in the City's records prior to occupancy. 6. Prior to any use of the existing residence as a childcare cerner the building shall be inspected by the Meridian Fire Department and Meridian Planning & Zoning Department for compliance with all relevant city ordinances and conditions. 7. A detailed landscaping plan shall be submitted to the Planning and Zoning Department with the application for a Certificate of Zoning Compliance. The detailed landscape plan shall include at least ten feet of landscaping adjacent to W. 3'a Street and at least 10 feet of landscaping adjacern to the ernire northern property line (unless otherwise approved) in accordance with the Landscape Ordinance (MCC 12-13). 8. Off street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site•specific requirements. A new ~arkina plan or a variance shall be submitted to the Planning and Zoning_Denartment for approval at least ten dam prior to the next public hearing for this application. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 9. 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. All drainage water is to be maintained on-site. Storm water treatment and disposal must 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 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. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and corniguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. 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. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 11. Outside lighting, whether attached to the principal building or located within the parking lot shall be designed and placed so as not to direct illumsnation on any nearby residential areas or the traveling public in accordance with the MCC. 12. All signage shall be in accordance with the standards set forth in Ordinance 11-14 or as Planning & Zoning Commission/Mayor & City Council March 20, 2003 Page 9 specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 13. Per MCC 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this tune, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions are allowed per the ordinance. RECOMMENDATION Unless the applicant requests a variance from the parking requirements a new site plan will need to be prepared by the applicant and should be reviewed by the Planning and Zoning Commission prior to making a recommendation to the City Council. Staff supports the requested rezone and conditional use permit, with the conditions noted above. All written comments from the applicant regarding this report shall be submitted to the City Clerk's office no later than the 1Ts of March 2003. March 31, 2003 CUP 03-006 MERIDIAN PLANNING & ZONING MEETING April 3, 2003 APPLICANT Sharon O'Toole and Debbie and James Sheridan ITEM NO. Jr REQUEST Continued Public Hearing from March 20, 2003 -Request for a Conditional Use Permit for a Child Care Facility for approximately 3D children in a proposed O-T zone for Sunshine Academy - 9Zn Wac# Pina 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: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: ~jILCO Yv1,(V1A.V1 JJ~~-I`aJL ~ ~~~ Phone: q~ Ma}erlals presented at public meeflngs shall become properly of the City of Merldlan. COMMENTS See previous Item Packet See attached Staff Comments See attached Comments ~--~ Rherrv Street Susan S. Eastlake, 1st Vice President Dave Bivens, 2nd Vice President David E. Wynkoop, Commissioner John S. Franden. Commissioner March 25, 2003 To: Merlyn Schmeckpeper 157 E. Ada Street Meridian, Idaho 83642 Subject: MCUP03-006/MRZ03-003 Child Care Facility 230 West Pine Avenue vamcu vuy ,~ w. , - - Phone (208) 387-6100 FAX (208) 387.6391 E-mail: tellus~ACHD.ada.id.us RECEIVED MAR 2 6 20D3 City of Meridian City Clerk Office The above referenced application required Commission action because the staff recommended a waiver of policy to not construct curb, gutter and sidewalk abutting the development site on 3'~ Street. Upon discussion with the City of Meridian staff the city was concerned about the alley being the only in~ress/egress for the site. The City of Meridian is requesting that the applicant obtain egress only onto 3 Street. The District staff has no reservations granting egress to 3'~ Street. West 3b Street is a local "dead end" street that is approximately one block in length with no chance of extension. Staff does not foresee the remainder of the neighborhood changing or redeveloping in the near future. Ada County Highway District (ACHD) staff has reviewed the submitted site plan. The following are Site Specific Conditions of Approval that will be added to the original report dated February 26, 2003. All other site-specific conditions of approval still apply to the application. 1) Per City of Meridian's request the applicant is proposing a driveway onto West 3"' Street located approximately 10-feet south of the north property line for egress only. This location meets District policy and shall be approved with MCUP03-006/MRZ03-003. 2) In accordance with District policy, the applicant should be required to pave the driveway its full width of 25-feet and at least 30-feet into the site beyond the edge of pavement of West 3b Street. 3) The applicant shall be required to install a sign at the driveway indicating that this driveway is not an entrance but an "exit only" onto West 3ro Stmt. Ada County Highway District District staff has attached the modified staff report with the above-mentioned additions. If the site plan or use should change in the future, ACHD will review the site plan and may require improvements to the transportation system at that time. If you have any questions, please feel free to contact meat 208-387-6171. Sincerely, ~ ~..~ l~,c.w~"~ Development Analyst Right-of-way & Development Services Planning Division CC: Planning & Development Chron/project file City of Meridian Construction Services Drainage Utilities Brandon Schmeckpeper 8810 Churchill Boise, Idaho 83709 Sunshine Academy Inc Sharon OToole and Debbie & James Sheridan 230 West Pine Avenue Meridian, Idaho 83642 Attachment: Revised MCUP03-006/MRZ03-003 staff report Ada County Highway District Right-of-YYay & Development Department Planning Review Division This application requires Commission action because the staff is recommending a waiver of policy to not construct curb, gutter and sidewalk abutting the development site and is scheduled to be on the consent agenda on February 26, 2003 at 6:30 pm. Tech Review for this item was held with the applicant on February 14, 2003. Please refer to the Attachment for appeal guidelines, Joyce Newton, 208-387-6171, inewton a(~achd.ada.id.us (revised March 25, 2003) File Numbers: MCUP03-006/MRZ03-003/Child Care Facility (Sunshine Academy) REVISED Site address: 230 West Pine Avenue Owner: Meriyn Schmeckpeppr Brandon Schmeckpeper 157 E. Ada Street 8810 Churchill Meridian, Idaho 83642 Boise, Idaho 83709 Applicant) Representative: Sunshine Academy Inc Sharon O'Toole and Debbie & James Sheridian 230 W. Pine Avenue Meridian, Idaho 83642 Application Information The Ada County Highway District {ACRD) staff has received the above referenced application requesting rezone and conditional use approval for a daycare facility. The site is located on the northeast comer of Pine Avenue and 3rd Street. Acreage: Current Zoning: Proposed Zoning: Existing Use: Proposed Use: Number of Children: Existing square footage: Vicinity Map 0.35 R-4 (Low Density Residential) O-T (Old Town) Single-Family Residential Child Care Facility 30-Children 1,450 MCUP03-006/M RZ03.003 A. Findings of Fact Trip Generation: This development is estimated to generate 126 additional vehicle trips per day (10 existing) based on the Institute of Transportation Engineers Trip Generation Manual. 2. Impact Fees: Day Care facilities do not pay impact fees based on the impact fee ordinance in effect at this time. 3. Traffic Impact Study: This proposed development is estimated to generate less than 1,000-trips per day therefore a traffic impact study was not required with this application. 4. Site Information: There is an existing single-fatuity dwelling with a deterred garage. 5. Description of Adjacent Surrounding Area: a. North: Residential/Elementary School b. South: Residential c. East: Residential/Commercial d. West: Residential 6. Impacted Roadways Pine Avenue: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: W. 3`~ Street 7 Approximately 120.feet Collector West of Meridian Road was 6,506 on 7/26/00 Better than "C" 30-mph Frontage: Approximately 128-feet Functional Street Classification: Local Traffic count: No count available Speed limit: 25-mph Allev: Frontage: Approximately 128-feet Functional Street Classification: Local Traffic count: No count available Roadway Improvements Adjacent To and Near the Site Pine Avenue has 2-travel lanes with curb, gutter and sidewalk abutting the site. 3'~ street has 2-travel lanes with no curb, gutter or sidewalk abutting the site. 3ro Street currently a "dead end" with no access to the elementary school to the north of the development site. The alley is not paved and "dead ends" with no access to the elementary school to the north of the development site. 2 Existing Right-of-Way Pine Avenue has 70-feet of existing right-of-way (40-feet from centerline). 3`d Street has 60-feet of existing right-of-way {30-feet from centerline). The alley has 20-feet of right-of-way tapering to 15-feet at the Meridian School District's parcel to the north of the development site. 9. Existing Access to the Site The alley is located between the proposed development parcel and a residential parcel to the east. The proposed development parcel is taking access from the alley, so is the residential parcel to the north of the site. 10. Site History District staff has not reviewed-this site as an appNca#st~ or prepared a report in the past year. 11. Five Year Work Program This location is not programmed into the District's current Capital Improvement Program and or Five Year Work Program for reconstruction or any roadway improvements. B. Findings for Consideration Right-of-Way District policy requires 70-feet of right-of-way on collector roadways (Figure 72-F1 B). This right-of- waywidth allows for the construction of a 3-lane roadway with curb, gutter, 5-foot wide detached sidewalks and bike lanes. District policy 7204.4.1 and Figure 72-F1A requires 50-feet of right-of-way on local streets. This right- of-way allows for the construction of a 2-lane roadway with curb, gutter and 5-foot wide concrete sidewalks. 2. Sidewalk District policy requires 5-foot wide (minimum) concrete sidewalk on all collector streets (7204.6.5). District policy requires 5-foot wide (minimum) concrete sidewalk on all local streets, except those in rural developments with net densities of one dwelling unit per acre or less (7204.4.7). Staff is recommend for a waiver of District policy 7204.4.1 and 7204.4.7 that requires the applicant to construct curb, gutter, 5-foot wide concrete sidewalk and match paving on West 3'd. Street abutting the parcel. Staff Analysis and Recommendation: Staff is recommending a waiver for the construction of the curb, gutter and sidewalk abutting the site on West 3rd Street for several reasons: - West 3rd Street is a °dead end' street that is approximately one block in length with no chance of extension. Staff does not foresee the remainder of the neighborhood changing or redeveloping in the near future. - There is no current access to the Meridian Elementary School to the north of the proposed development site. The school has constructed a fence around the playground of the school and closes off any pedestrian or vehicular access from West 3`d Street. - There is an irrigation head gate located just north of the intersection for Pine Avenue and West 3'd Street (on the east side of W. 3`d Street) and an irrigation ditch that cannot be relocated that are in the way of the required improvements. - The curb, gutter and sidewalk that is located on Pine Avenue wraps around the comer of west 3'd Street, and the extension from this location would interfere with the above-mentioned head gate. - There is curb, gutter and sidewalk on Pine Avenue that continues from the development site north to the Meridian Elementary School located on 1~ Street and State Street (2-blocks to the east of the proposed development site), providing pedestrian access from this site to the school. District policy 7203.6 requires the applicant of a proposed development to make improvements to existing damaged sidewalk; curb and gutter construction or replacement; replacement of unused driveways with standard curb, gutter and sidewalk; installation of pedestrian ramps; pavement repairs; signs; traffic control devises; and other similar items in order to correct deficiencies or replace deteriorated facilities. 3. Alleys Access is allowed to and from a fully improved alley (District policy 7204.10.2). Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. An access to an alley shall be located a minimum of 25-feet from the nearest public street. District policy 7204.10.1 requires the dedication of additional right-of-way to obtain a minimum width from the centerline of the alley of 8-feet for residential uses and 10-feet for all other uses. District Policy 7204.10.1 states if the proposed development is not a single family detached residence and it takes access from an alley, the developer will be required to pave the entire width of the right- of-way from the nearest public street to and abutting the development. District Policy 7204.10.3 states a minimum of back-of--curb radius of 15-feet is required at all alley intersections. For the reconstruction of existing alleys, the back-of-curb radius may be less than 15- feet when it is impractical to remove existing obstructions. C. Special recommendation to the Ada County Highway District from the City of Meridian. Upon discussion with the City of Meridian; staff was concerned about the alley being the only ingress/egress for the site. The City of Meridian is requesting that the applicant obtain egress only onto 3`d Street. 4 D. Site Specific Conditions of Approval Applicant is proposing to provide parking off the alley. The applicant is required to pave the entire width of the alley to the nearest street and abutting the parcel. Parking which is entered from the alley shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. An access to ah alley shall be located a minimum of 25-feet from the nearest public street. Parking in the alley is not allowed. 2. Reconstruct the alley intersection with Pine Avenue. For the reconstruction of existing alleys, the back-of-curb radius may be less than 15-feet when it is impractical to remove existing obstructions. Work with District staff for the radius. 3. Construct a driveway on West 3'd Street located approximately 10-feet south of the north property line for egress only. This location meets District policy and shall be approved with this application. In accordance with District policy; the applicant should be•required to pave the driveway its full width of 25-feet and at least 30-feet into the site beyond the edge of pavement of West 3rd Street. 4. The applicant shall be required to install a sign at the driveway indicating that this driveway is not an entrance but an `exit only" onto West 3rd Street. 5. Comply with all Standard Conditions of Approval. E. 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 #197, 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 ACRD 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 ACRD 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 infee~t td cFtange the plann~d:~ws~e of the subject properlyunless 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. F. Conclusions of Law The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACRD 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 Request for Reconsideration of Commission Action 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 bese~onded 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. MCAP03-006/MRZ0~0O3 230 West Pine Avenue N E S WEST PINE STREET (COLLECTOR) ~ Q ~~~ f u ' ?1 U West Pine Ave. boundary (120'-0") ® ~ lstlng curocuq ~ (Edge of Pavement) 3e ~ ~SideWallq i9 Pwr.Pole (Gress) ~ 7 F °Q m lGress7 Prrt.Pole~ z-0" ~' ® 24" Retaining wall ° N ~ 1 n - I Np 1 ~~q ,~ ~' 1 $tOFla -18.6'. _. s ~'~peM9ln- u i 3~y~ 1, ~ E'~g I ~ ~~~~+~^' iv ~ i ~ W I I'I 1~ F I Ir i f t ~ ~ t I _16'-0 -a- ----x-- --~ -M-- ;J'~s. «~t<~:s'sy%:`~' ~26'3'h I ACXD ROW ~ I ~ fL fence) Pp{ye ~ ~. .... 2B'-B' Y 5 .. ~~Yi 7 '\ ~.~ (we~y ~ E ;; m ,s~ y ~ ~ rs ~ 34'-0" o/c of Ditch u :s ~s t '~ ,5 s ~ ' h f Yy .: ~ 46'-0" to Edge of Pav rd- 4. ~ - - - - --~ -~-0 ~' (G~eJ ~ ~ 10~' ' i`~ ~y oas ~ I W ~ . E ~Yh ~ a ~ t %. ~ Sewcr $s ~ s iii, syfa ~ 4 i ~ ~rvc. ~ s~~se Y (.7s si s ~ "~ ~, , ~ s , P ~ \ '~ SYSy s R '~~ s ~Y F Y5' V tL ".,I ~ Gate :~~ :~.' > .y ~i.. , ~ .. $ M J (01 G'~B'if`';i ;::;~<! ;y,"j"Jy'R4i~'f¢;r 8.'p ..ig'3"~ t?k y~~3~'s,~2 N I 'YSy ::~..Y 5"ii ~' ~Y Yy H; ~ ~ % Y'1~$L°T% `''.S: f CI ~ : •s~`~)t~~s 3 . PeUo 3 t 16-6', Nua-~ ~ ~ ? ~1 ~ s57 Yk z95YRQ fY S§3~~: E7 i %s v: ; I i : .:,. .~4 i Handy Ce~ ~~ s t ~ ffs' s js~~ ~ m ~ ems, ~f _ ~G~ 1 E I t Parking~ p :3 ~ sys, At :7~a~:};F~, a ~&x ':~~6 s: ~~ ~ I 1 s~Y:y:(,•~~~4a'~:s~h:;; s:£f:G;3'ss> (Gsa ~ c+:e ®I I I !! i I Gate I I ~ I I ~ i 1 ~ 16'-0" lee. rents) I I ~ I I -X38'-0" I T~ 'f I II 1 I I~ I I ,~-fig'-0" 1 . 1 j '~ N I K ~ i ~ ~ 4 ~ N ~i ~ ---- ' ~ '~ I e ~'e•x~~l ~ I w I 9 ft. ~-~9'-0"~ North boundary (120'.") NOTES: Parking: - 3 Employee - 3 Customer -1 Handy Cap Landscape: - "A" - Capttal Pear "Pyrus calleryana" - "t3" -Little Leaf Linden "Tilfa cordate" - "E" - Exisfing SCALE: 1" = 20 ft. 0 in. ANey ENDS PLAT # 3D Here ~ School "Child Care Center" u;;~'_PLAT PLAN 230 W. Pine Ave. Meridian, Idaho (03124103) HUB OFTREASURE VALLEY MAYOR A Good Puce m Live Rohert D. Currie CITY OF MERIDIAN CITY COUNCIL MEMBERS Keith Bird 33 EAST IDAHO Tammy deWeerd Cherie McCandless MERIDIAN, IDAHO 83642 William I. M. Nary (208) 888-0433 ~ FAX (208) 587-4813 City Clerk OI~e Fax (208) 888-4218 MEMORANDUM: To: Mayor, City Council and Planning & Zoning Commission From: Dave McKinnon, Planner II Bruce Freckleton, Senior Engineering Tech Re: Ni Days Addition/ Sunshine Academy (230 W. Pine Street) LEGAL DEPARTMENT (208) 4669272 Fax4664405 PUBLIC WORKS BUII,DING DEPARTMENT (208) 887-2211 ~ Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 8845533 ~ FAX 888-6854 Apri13, 2003 j~ECEIVED MAR 2 6 2003 CITY OF MERIDIAN CITY CLERK QFFICF Request for a Rezone of 0.35Acres of Land Located at 230 W. Pine Avenue from R-4 (Low Density Residential District) to O-T (Old Town), by Merlyn Schmeckpeper (Fide No. RZ-03-003). Request for A Conditional Use Permit to Allow a Childcare Center for Approximately Thirty (30) Children at 230 W. Pine Avenue, in a Proposed O- T (Old Town) Zone, by Sharon O'Toole and Debbie and James Sheridan (File No. CUP-03-006). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval These conditions shall be considered io full, unless eapressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The owner of the subject property, Merlyn Schmeckpeper, has requested the approval of a rezone of his property, 230 W. Pine Avenue, from R-4 to O-T in order to accommodate a request for a Conditional Use Permit to allow a childcare center to be started on the property. The applicants for the Conditional Use Permit, Sharon O'Toole and Debbie and James Sheridan would like to convert the existing single family dwelling at 230 W. Pine Avenue into a Childcare center for approximately 30 children. The properly is depicted as "Old Town" on the Comprehensive Plan's Future Land Use Map, and the development of land in the Old Town Zoning District requires a Conditional Use Permit for the proposed childcare center use. Planning and Zoning Commission meeting. Old lauguage removed from the report will be ~ sod new language will be in bold and uaderlined.l Plannin~ & Zoning Commission/Mayor & City Council Apri13` , 2003 Page 2 The existing buildings on site consist of a 1,450 square foot single family dwelling and a detached two car garage (approximately 660 square feet). Parking for the proposed childcare center will be located within the garage and at the rear of the property. LOCATION The subject property, 230 W. Pine Avenue, is located on the north side of Pine Avenue, bordered on the west side by W. 3`d Street. SURROUNDING PROPERTIES North: Single family residential and Meridian Elementary, zoned R-4. South: Single family residential, zoned R-8. East: Single and multi-family residential, zoned R-4. West: Single family residential, zoned R-4. CURRENT OWNERS OF RECORD Merlyn Schmeckpeper is the current owner of the subject property and he has submitted an affidavit of legal interest to allow the applications to be submitted for the subject property. 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 shall 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 requested Old Town (O-T) zoning designation is in accord with the Comprehensive Plan's Future Land Use Map which delineates the subject property as "Old-Town". The text of the Comprehensive Plan (page 99) supports the conversion of existing single family homes in the O-T zone for uses other than residential uses. B. )s the area included in the zoning amendment intended to be re-zoned in the future; Staff finds that the proposed re-zone and accompanying development plans comply with the requested zone and 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 a Conditional Use Permit for the property. Staff further finds that the proposed childcare use will only be allowed with the approval of a Conditional Use Permit in the proposed 0-T zone. Plannin~ & Zoning Commission/Mayor & City Council April 3` , 2003 Page 3 D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned; Staff finds that the recent adoption of the City's new Comprehensive Pan has provided the applicant with the ability to request the O-T zone for the subject property. Staff finds that there have been no physical changes in the area that would change how the property could be rezoned. 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 slime area; Staff finds that the proposed development is designed in a manner that will be harmonious with and appropriate in appeaance with the existing neighborhood and intended character of the area. The existing building(s) will remain on site and not be altered dramatically for the proposed daycare use. F. Will not be hazardous or disturbing to existing or future neighboring uses; Staff finds that the requested rezone should not be disturbing to existing or future neighboring uses. Specific uses allowed (either permitted uses or conditional uses) within the O-T zone may be disturbing to future or existing neighbors; however staff anticipates that the proposed childcare use will not be hazardous or disturbing to the neighboring uses. The Commission and Council should carefully consider all public testimony, oral and written, before making this finding. G. 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 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. Drainage will need to be retained on site. 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 uses 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 welfaze of the community. I. Will not involve uses, activities, processes, materials, equipment, and conditions that will be detrimental to any persons, properly, or general welfare by reason of Plannin~ & Zorring Commission/Mayor & City Council April 3` , 2003 Page 4 excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed O-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. 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 O-T zoning will not interfere with general traffic patterns on any 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. A small drainage/irrigation ditch will need to be tiled on the western property line of the subject property, but staffwould not classify it as a feature of major importance. L. Is the proposed zoning amendment in the best interest of the City; Staff finds that the proposed rezone would be in the best interest of the City by allowing a property owner to make improvements to the property for re-development that would otherwise not be allowed without the rezone. STANDARDS FOR CONDITIONAL USES The Commission and Council shall 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 all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Staff finds that the subject property is large enough to accommodate the requested use and all required features. c,....e ...,.a:a,,,,,;,,,,,, ,,,;tt ....ea .., t,e .,,,,ae .,..t.e ......tr;,.,, t,.. t.,.,,.....,., .t,,..... ;....,.... NVaaY aaV N+liVN i LLJ YYl I1V Parking for a childcare use is determined by requiring one parking stall for each employee, plus one for every ten children (MCC 11-13). The analicant has indicated that three emnlovees will be emHloved at the daycare and there will be aHUroximately 30 children cared for at the facility, therefore the auolicant is repaired to Hrovide at least sia (6) Harkins suaces Her MCC 11-13. The revised site Ulan includes two (2) covered Harkins stalls lsarase) for emHlovees, a new van accessible ADA parkins stalk and Plannin~ & Zoning Commission/Mayor & City Council April 3r , 2003 Page 5 Landscauing is also increased on the revised site ulan. The northern grooerty line Ulan. This number is still less than the required landscaae buffer between land uses, but may be permitted though the alternative comuliance section of the Landscape Ordinance fMCC 12-13-18). No fencing has been added to the clan, but may be useful in reducing the imnact of the reduced landacane buffer. 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; As noted earlier in the report, the Comprehensive Plan Land Use Map designates the property as "Old Town", in harmony with the requested O-T zoning designation. C. That the design, constraction, 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 the design concept to be compatible with the other various uses found in the general neighborhood, and existing/intended character of the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed project will have an adverse impact on the surrounding property; however, the Commission and Council should consider any testimony given at the public hearings before making this finding. 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 proposed conditional use shall be able to provide adequately any such services; Plannin~ & Zoning Commission/Mayor & City Council April 3 , 2003 Page 6 Staff finds that the proposed development will be adequately ser4ed by the esser;tial public facilities and services listed above, if improvements are made by the applicant in accordance with existing policies, ordinances and the international building and fire codes. F. That the 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 improvements would not be detrimental to the economic welfare of the community, nor would they create the need for any new facilities or services to be paid for by the public. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Stafffinds that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed use. H. That the proposed use 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 use will not create significant interference with any traffic on the surrounding public streets, if street and parking improvements are designed in conformance with ACRD requirements. Parking access is taken off the alley, and 3'a Street. 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. Staff does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. Plannin~ & Zoning Commission/Mayor & City Council Apri13` , 2003 Page 7 i ~ ~ • ~ ~ i a ~ ~ ~~ ~ { 1 1~ -~ . 4~.. 4~.wuu /~~ ~.+w~~ .nn. n4 ~ n ~ ( .... ~n. ..~..nu wu. r. 4 nu n n_ .. . ~ > >r e - ~.. 'a .(~ ~. .A.. /nom«......:..+n4u1~. G nar~:4;n...n 1_2 Alternative Comkliance (Landscanins): The Landscape Ordinance requires a twenty foot (20') buffer between single family residential uses and childcare uses (MCC 12-13-12-5), and the applicant has requested an eleven foot (11'1 ~""~') reduction of the required landscape buffer adjacent to the single family residence north of the proposed childcare cerner. The applicarn has made this request pursuant to the alternative compliance section of the Landscape Ordinance (MCC12-13-8) that allows a reduction in landscaping without a variance, if the project meets certain criteria, such as a change of use on an existing site and the buffer is larger than can be provided. (MCC12-13-18-2C). Given the higher intensity and mixed use nature of the Old Town zoning requested for the subject property and the change in use of the property from single family residential to childcare, staff can support a reduction in landscape buffers between lots; however staff recommends that the buffer be increased to at least ten feet in width, agd-s13e~1d~t 4.. 4,,e ,.e :t- ..wr.,. +...°-:°° The Commission should determine if the t•»..... ~~._.__~• proposed reduction in landscaping is appropriate for the proposed use in the proposed O- Tzone. Furthermore, the new landscaping plan -°~' includes a ten foot (10') wide buffer adjacent to 3`d Street, in compliance with the Landscape Ordinance. If the landscaDine is located on ACHD's ri¢ht-of-wav a license a¢reement will be needed Drior to OCCUD811CV. 32. Sidewalk on 3`d Street: The applicant has not proposed the construction of a sidewalk on 3rd street as required by the MCC. ACRD waived their requirement for a sidewalk, based on the fact that the sidewalk does not connect to anything and is near the end of a dead- end road. Likewise, staff recommends waiving the requirement to provide a sidewalk on the south side 3rd Street; based on the waiver allowance for properties having more than a 100' foot wide lot frontage, found in MCC 12-5-2K. Plannin~ & Zoning Commission/Mayor & City Council Apri13` , 2003 Page 8 CONDITIONS OF APPROVAL 1. In accordance with MCC 11-13-4.B.2, underground year-round pressurized irrigation must be provided to all landscape areas on site. Applicant shall submit imgation performance specifications based on the proposed landscaping when applying for a Certificate of Zoning Compliance. Applicant shall be required to utilize any existing surface or well water for the primary source, if existing. If City water is proposed for irrigation, developer shall be responsible for paying water assessments for the landscaped areas. 2. Applicarn may be subject to a water and sewer assessment increase due to the more intense use. The re-assessment shall be Public Works Department prior to occupancy. 3. Applicant shall coordinate with Sanitary Services Corporation (SSC) regarding the location and design of the trash enclosure area. Submit details and written approval with a Certificate of Zoning Compliance application. The trash enclosure shall be in compliance with section 11-12-1.C of the MCC. 4. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act, the IBC (International Building Code) and the 1FC (Irnernational Fire Code). The IBC defines all buildings used in the daycare of 6 or more children as an 3loccupancv and must then meet all standards as set forth in the IBC for such an occuoancv. 5. The applicant shall meet all of the licensing requirements of the State of Idaho prior to beginning operation. A copy of the State license shall be submitted to the Clerks office for inclusion in the City's records prior to occupancy. 6. Prior to any use of the existing residence as a childcare center the building shall be inspected by the Meridian Fire Department and Meridian Planning & Zoning Department for compliance with all relevant city ordinances and conditions. 7. A detailed landscaping plan shall be submitted to the Planning and Zoning Department with the application for a Certificate of Zoning Compliance. The detailed landscape plan shall include at least ten feet of landscaping adjacent to W. 3'~ Street (it' located within ACHD's rieht of wav a license asreement will he required prior to occupancv) and at least 10 feet of landscaping adjacent to the entire northern property line (unless otherwise approved) in accordance with the Landscape Ordinance (MCC 12-13). 8. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. A-~e~-I,ei~n~ ,, n ,. w a «,.e n,,, „a ~ r ... c .,, r~~~~R .~-,: ~-~ ~ r - ~~:~ ~ -,: °':~- Paving and stnpmg shall be in accordance with the standards set„forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requiremerns. Plannin~ & Zoning Commission/Mayor & City Council Apri13` , 2003 Page 9 9. 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. All drainage water is to be maintained on-site. Storm water treatment and disposal must 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 irno 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 Resowces regarding Shallow Injection Wells. 10. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. 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. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 11. Outside lighting, whether attached to the principal building or located within the parking lot shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public in accordance with the MCC. 12. All signage shall be in accordance with the standazds set forth in Ordinance 11-14 or as specifically approved. No temporary signage, flags, banners or flashing signs will be permitted. 13. Per MCC 11-17-4.B., a conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City Council. During this time, the permit holder must acquire building permits and commence the construction of permanent footings or structures. Time extensions aze allowed per the ordinance. The revised site plan addresses the major concerns of the original staff resort specifically lack of narking and small landscape buffers Staff supports the revisions made to the site plan Several other items such as fencing along the northern property line or Gmrttpg the number of children were discussed at the previous meeting but have not been incorporated into the revised site plan If the Commission wishes to add further conditions of approval for this project please include them in your motion. Plannin~ & Zoning Commission/Mayor & City Council April 3r , 2003 Page 10 WEST PINE AVENUE (COLLECTOR) ~ in West Pine Ave. boundary (120'-0") ~ `~ i ~ (Edge of PevemeM) ~ ~ (Sidewalk) 9 R. Landscaped (Buft~r Arm) ' ~--+9•-0°-~ Nolrth boundary (120'-R'") NOTES: Parking: - 3 Empbyea - 3 Customer -1 Handy Cap Landscape: - "A" -Capital Pear "Pyres caneryana" - "B" -Little Leaf Linden "Tilia cordate" - "E" -Existing SCALE: 1" = 20 it. 0 in. Alley ENDS PLAT # 3D Here ~ School ~,ECEIVE MAR 2 5 2003 U aCITY OF P,nERIDiAIV "Child Care Center" PLAT PLAN 230 W. Pine Ave. Meridian, Idaho (03124103) R,ECEIVE~ MERIDIAN CITYHEARING -REVISION OF CHII,D CARE k~ ~ 0 3 2003 FACII.ITY CITY OF MERIDIAN CITV CI FRK f~~FICF April 3, 2003 As the property owner at 91 S West 3`s St, I object to the rezone and conditional nse approval at 230 West Pine Avenue. Affected residents were not notified of the rezone and conditional use permit before being granted by the City of Meridian. Residents were not informed of the intentions of the area designated as "Old Town" on the comprehensive plan. The affected residents were given minimal time to respond in writing or to obtain legal counsel regarding the above items. The Meridian planning and zoning department made no attempt to contact or notify the affected residents regarding existing or neighboring uses as noted in Item F of the zoning report. Wishes and consideration of residences in the immediate area have not been taken into consideration at any point through the rezoning process. According to staff at the planning and zoning department, the rezone request conforms to Meridians intent to gradually change the existing residential neighborhood into commercial development. If the rezone request is granted over the objections ofthe petition previously submitted by the affected residents, then we insist that the property owners adjacent to the facility be granted our legal rights with NO VARIANCES OR EXCEPTIONS to the standard requirements for buffer zones, improvements to curb, gutter and sidewalk, and necessary irrigation and drainage facilities. We further object to the use of the public alley for the sole purpose of ingress and egress for the day care facility. We object to the additional traffic that this will cause on both Pine St. and 3b St. The City of Meridian has a long history of poor snow removal in alleys and cul-de-sac streets; if this ingress, egress is granted we are requesting no parking on 3`d St. adjacent to the day care facility by their patrons. We are requesting this to allow emergency access to the surrounding homes at all times. The proposed site is not large enough for the intended use without considerable modifications, variances, and conditional use permits and should not be approved based on the original staff report which has considered `only' the needs of the developer. Excessive modifications have been made without consideration of detrimental effects. Effected residents have not been notified of the modifications granted by ACIID and Meridian Planning and Zoning. We are also requesting that the northern property line be buffered by the use of a `noise' barrier fence, 6 ft. in height, and noise buffering evergreen trees at least 6 ft. in height. We insist on the fu1120 ft buffer zone as is required by your Landscape Ordinance because our property will be the most affected if this rezone is granted. To date, the planning and zoning dept. has ignored consideration of the wishes and impact on the adjacent residents in violation of Sect. D of the zoning staff report. It is NOT the intent of buffer zones to include parking spaces or trash receptacles. This is standazd procedure throughout Ada county. The proposed use will be detrimental to the persons and property in the immediate area by reason of the large increase of traffic, noise, exhaust fumes, odors and glare of headlights which is a violation of Sect. G of your staff report. If the rezone is granted, then I insist that improvements be made to curb, gutter and sidewalks due to the deteriorated condition of those items on Pine St. Furthermore, because the City of Meridian had indicated an intent to further commercialize this azea, improvements should be made at this time to avoid use of public funds far future improvements on both 3'd and Pine St. There are no indications on the plans submitted regarding the size or type of pipe required for irrigation and the effect to the adjacent property. No one has addressed this item but preliminary discussions with the irrigation district that any new pipe must meet the existing diameter and must have sufficient cover over the pipe to prevent damage Page 2 from the added traffic and the weight of the garbage truck. To date all improvements, all variances, and all revisions authorized by ACRD and Meridian Planning and Zoning have been for the sole benefit of the developer. Public funds have been used for staff review and inspections contrary to Section F of the staff report. The subject alley is 'public' right of way and is not intended for the private use of one business. Allowing use of this alley greatly restricts access to my property, adjacent properties, and public utilities on and near this right of way. Since it is a requu•ement to meet ACFID requirements for inspection of the alley and the drainage facilities, this is a misuse of public funds. The previously submitted petition cleazly shows that the Planning and Zoning departrnent has intentionally ignored the wishes ofthe surrounding residents for the benefit of ONE DEVELOPER In conclusion, the rezone, conditional use permit and staffreport Gave ignored the wishes of the surrounding residents who have indicated in writing and in testimony the they object based upon the reasons previously noted on the petition. Before this rezone is granted and before the final hearing, we request a chance to present our case to the Mayor and City Council of Meridian. 1~cE~D m~aRc~+ 23, ~ao3 APR - 3 2003 Date: CITY OF MERIDIAAT To: City of Meridian Planning & Zoning Commission, City of Meridian City Council, the Ada County ffighway .District Commission and to whom it may concern. From: Mr. Steve Spangler Ph: 208/898-0451 Ire: Re-Zoning of sect Conditional Use Penaii oa behalf of: - Quartttmt Company (Mr. Merlyn D. Schmeckpeper, Property Owner) - Sunshine Academy Day Care Garner (Mrs. Sharon O'Toole, Mr. Jim Sheridan and Mrs. Debbie Sheridan owners) I Robert Spangler being the owner of lots 5 Bt 6, Block 4 oFNiday's Addition to Meridian (P~cel # 86066000260) located at q 21 West 3n° Street, Meridian, Idaho being West across Wert 3"d Street from Mr. Schoteckpeper's Property do approve of and recommend the approval of the OId Tawn Zoning and the Con~tional Use Permit for the Sunshine Academy Day Care Center and for the following reasons: I. Because of their operating hours I would consider a Day Care Center as a "Good Neighbor". 2. The new access and egress to and from West 3'd Street as proposed by Mr. ScMneckpeper will not create a traffic problem (as some people think) as West 3"d Strtet is a dead end street that ends is Smat of mY property at the Meridian Grade School Property. 3. The project would include paving the dirt lot which will greatly reduces the dust in the area. 4. The project inchrdes the enclosure of (piping) the irrigation ditch that runs along Mr. Schmeckpeper's property bordering West 3rd Street. This will greatly improve the looks and safety of this ditch and be a benefit to the neighborfiood. . I believe this project should be approved and urge you to do so. Steve Spangler ~~ >i,~~~ /~ In response to issues raised at the March 20 Public Hearing items # RZ03-003 and #CUP03-006 (Reyoning of property at 203 W. Pine to OT and Conditional Use Permit for Sunshine Academy) Below are responses the three issues the commission asked us to address before continuing the public hearing related to these applications: 1) The arrangement of parking and the flow of traffic through the parking lot at 230 pine Ave (Sunshine Academy) The design of the parking area has been modified as shown on the site plan submitted by Mr. Schmeckpepper. The plan now includes paving the entire area behind the facility, with the exception of a 10 foot buffer sk~nazs aceshand one van acre ble handicapped This allows for a total of 6 regular paz g P for staff pazking. space, in addition to the two spaces within the gazage The plan is for cars to enter the Parking area through the alley to the east of the to and to exit onto 3rd street. This should eliminate the need to turn azound in the pazking In the current drawing You will see that 4 cazs are parked facing away from the adjacent property rather than towards it, The two additional cars are pazked pazallel to the buffer facing 3rd Street. 2) The Bnffer separating Sunshine Academy parking lot from neighboring residential property The revised site plan shows a 10-foot buffer all along the bt~hkat we build a 6 foot woodty separating it from the adjacent properly. We aze proposing privacy fence sepazating the properties ~ td ate l~e~d betw~eenazthe P ay az a and the the buffer zone. (In addition to One (1) P pine Ave. in front of the building. 3) Response to the objections raised by those residing on neighboring properties to the establishment of a day care facility at 230 Pine Ave. The issues raised by those speaking in opposition to using this site as a childcare facility were of four general types - Objections to increased traffic - Objections to additional noise - Safety concerns - Objections to changing the nature of the neighborhood from "residenti to a mixed use. gECE~D APR - 3 2003 CITY OF MERID1A~i RE~E~D CITY OF MERIDIAN pPR - 3 2003 PUBLIC HEARING CITY OF YiEHID1A:Y SIGN-UP SHEET DATE April 3, 2003 ITEM # 5 PROJECT NUMBER CUP 03-006 PROJECT NAME Sunshine Academy Meridian Joint School District No. 2 911 N. Meridian Road Meridian, ID 83642-2241 Melvin Jones 10497 N. Palisades Way Boise, ID 83706 ~1~~~~' Dalice Chester 470 W. McMillan Rd. Meridian, ID 83642 Randy Dellimagine 326 W. Pine Street Meridian, ID 83642 5~ Z~ZS'lD~ J'~ Quantum Com ~n p Y 157 E. Ada Street Meridian, ID 83642 Steve Spangler 921 W. 3r° Street Meridian, ID 83642 Cynthia Thomas 922 W 2nd Street Meridian, ID 83642 Robert Sr. & Patricia Crispelle 306 W. Pine Ave. Meridian, ID 83642-2239 Vern & Angelina Alleman Revocable Living Trust 2101 E. Ustick Road Meridian, ID 83642 Ella Peabody & Charlene Rokovitz 19487 Apricot Lane Caldwell, ID 83605 Charlie & Linda Morgan and Viola Moran 906 W. 4~ Street Meridian, ID 83642 Schmeckpeper Declar of Trust 157 E. Ada St. Meridian, ID 83642 John & Margaret Schroeder ~Y &Vonalou McKinney Trust Ellen Robbins P.O. Box 267 Vonalou McKinney Trustee 32 E. State Ave. Boise, ID 83701-0267 914 W. 2 Street Meridian, ID 83642-2343 Meridian, ID 83642 Kenneth & Kimberly Sovie 9896 Lancelot Ave. Boise, ID 83704-5235 Dennis & Judith Buse 2501 W. Bannock St. Boise, ID 83702-4834 Robert & Brenda Rutz 323 W. Pine Ave. Meridian, ID 83642-2238 Byron & Janice Weibye 313 W. Pine Ave. Meridian, ID 83642-2238 Julia Stilinovich Trust 223 W. Pine Ave. Meridian, ID 83642-2236 George & Janet O' Neal 500 E. Fairbrook Ct. Boise, ID 83706 Toni Root 303 W. Pine Ave. Meridian, ID 83642 Virginia & E Brinegar 5190 N. Locust Grove Rd. Meridian, ID 83642 Fred & Stacey Schimpf 176 Pine Valley Dr. Cascade, ID 83611 Donna Priest 231 W. Pine Ave. Meridian, ID 83642 James Fuhrman P.O. Box 821 Meridian, ID 83680-0821 Secretary of Housing & Urban Development 2500 Michelson Dr., Ste 100 Irvine, CA 92612 Lloyd & Elizabeth Gerber Kimberly Marz James & Diane Fuhrman 3420 N. Shadow Hills Dr. 813 W. 3`~ Street P.O. Box 821 Eagle, ID 83616-2614 Meridian, ID 83642 Meridian, ID 83680-0821 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Meridian Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, at the hour of 7:00 p.m. on March 20, 2003, for the purpose of reviewing and considering the application of Sharon O'Toole and Debbie and James Sheridan for a Conditional Use Permit for the Sunshine Academy child care facility for approximately 30 children in a proposed 0-T zone, generally located at 230 West Pine Avenue. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during regular business hours, Monday through Friday, from 8:00 a.m. to 5:00 p. m. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing, and the public is welcome and invited to submit testimony. Oral testimony may be limited to three (3) minutes per person. Written materials may be submitted seven (7) days prior to the above hearing date so that all interested parties may examine them prior to the hearing. All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public meeting. DATED 5th of February, 2003 WILLIAM G. BERG, PUBLISH 3`d and 17th of March, 2003 :` ~y e~F11~~~~~~9 ~R~'. G~ \~~P.~ o~,q Tea 'L ~. . RK `' 9 p~ 0 yoG`'~sT,~s,"' o s 9 ~Q, \~. ,.~ Amy Armstrong James & Maxine Killian Nancy Poyser 813 W. 2"d Street P.O. Box 826 222 W. Idaho Ave. Meridian, ID 83642 Meridian, ID 83680 Meridian, ID 83642 Billy & Shirley McConnell Theron Edward Trettin 825 W. 4th St. 803 W. 3`~ St. Meridian, ID 83642-2518 Meridian, ID 83642 RE~E~D PUBLIC HEARING BAR 2 0 2003 SIGN-UP SHEET CITY OFMERI~iAN DATE March 20, 2003 PROJECT NUMBER CUP 03-006 PROJECT NAME Sunshine Academy NAME FOR AGAINST x+-~z ~Px~ ~ 20 /Cov i~~ ~ ~~,~ ,2~;yrk l F MAYOR Robot D. Carie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird ~ ~.,: ..' C~eri~icn _ Efi ``~ v IDAHO ~~ y ~% e F k ~4 : V sixce i sao LEGAL DEPARTMENT (208) '_88-2499 • Fax 288-2501 PARKS & RECREATION (208 888-3579 • Fax 898-5501 PUBLIC WORKS (208)898-5500 •Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING (208) 384-5533 • Fax 888-6854 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: March 13, 2003 Transmittal Date: February 5, 2003 Hearing Date: March 20, 2003 File No.: CUP 03-006 Request: Request for a Conditional Use Permit for a Child Care Facility for appox. 30 By: children in a proposed O-T zone for Sunshine Academy Sharon O'Toole and Debbie & James Sheridan Location of Property or Project: 230 West Pine Avenue David Zaremba, P2 (No VAR, VAC, FP) Jerry Centers, P/Z (No VAR, VAC, FPJ Leslie Mathes, P/Z (No VAR, VAC, FP) Michael Rohm, P!Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Come, Maycr Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department / Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department _ City Attorney City Engineer CRy Planner Parks Department RECEIVED FE8 - 7 2003 City of Meridian City Clerk Office Meridian Scheol District Mo FP) Meridian Post Office (FPiPP only) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP onty) U.S. West (FP/PP only) Intermountain Gas (FPiPPonty) Bureau of Reclamation (FP/PP onry) Idaho Transportation Department (No FP) Ade County (Annexah'on only) Meridian Development Corporation Historical Preservation Commission r r_ 1'' CITE' ~~' ~'iEIZ~I)IAN 4'VASTEV+'ATER ~EI'T. 33 EAST IDAHO • MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Ot'tice Fax (208) 888-4218 Human Resources Fax (208) 884-8723