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HomeMy WebLinkAboutSchmeckpeper Merlyn RZ 03-003March 17, 2003 RZ 03-003 MERIDIAN PLANNING & ZONING MEETING March 20, 2003 APPLICANT Merlyn Schmeckpeper ITEM NO. 9 REQUEST Public Hearing — Reques for a Rezone of 0.35 acres from R-4 to O -T zones for Merlyn Schmeckpeper — 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: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: COMMENTS See attached Comments "No Commenf' No Comment See attached Comments "We have No Objections to this Proposal" No Comment IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See attached Petition Contacted: Q jk ate:Phone: Materia resented at public meetings shall become properly of the City of Meridian. �`L'� N4A lot C Ada County Highway District Sherry R. Huber, President 318 East 37th Street Ga -6 Susan S. Eastlake, 1 at Vice President Garden City ID 8 Dave Bivens, 2nd Vice President Phone (208)) 3 38787.6110000 -6391 David E. Wynkoop, Commissioner FAX (208) 38 John S Franden Commissioner E-mail: tellus®ACHD.ada.id.0.id.us February 27, 2003 To: Merlyn Schmeckpeper 157 E. Ada Street Meridian, Idaho 83642 Subject: MCUP03-006/MRZ03-003 Child care facility 230 West Pine Avenue RECEIVED MAR - 4 2003 City of Meridian City Clerk Office On February 26, 2003, the Ada County Highway District acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at 208-387-6171. Sincerely, bpi De elopment 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 O'Toole and Debbie & James Sheridan 230 West Pine Avenue Meridian, Idaho 83642 Ada County Highway District Right -of -Way & 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, jnewton@achd.ada.id.us File Numbers: Site address: Owner: MCUP03-006/MRZ03-003/Child Care Facility (Sunshine Academy) 230 West Pine Avenue Merlyn Schmeckpeper 157 E. Ada Street Meridian, Idaho 83642 Brandon Schmeckpeper 8810 Churchill 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 (ACHD) staff has received the above referenced application requesting rezone and conditional use approval for a daycare facility. The site is located on the northeast corner of Pine Avenue and 3" Street. Acreage: Current Zoning: Proposed Zoning: Existing Use: Proposed Use: Number of Children: Existing square footage: Vicinity Map F_ 0.35 R-4 (Low Density Residential) O -T (Old Town) Single -Family Residential Child Care Facility 30 -Children 1,450 M C U P 03.0061M 8203-003 A. Findings of Fact 1. 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-family dwelling with a detached 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. 3rdStreet: 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 7. Roadway Improvements Adjacent To and Near the Site Pine Avenue has 2 -travel lanes with curb, gutter and sidewalk abutting the site. 3rtl street has 2 -travel lanes with no curb, gutter or sidewalk abutting the site. 3rd 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. 8. 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 application 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- way width 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-FlA 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). Waiver of Policy for the construction of curb nutter and sidewalk abuttina the site on West 3rd Street: 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 3`d Street for several reasons: 3 ➢ West 3`6 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 corner of west 3rd 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 st Street and State Street (2 -blocks to the east of the proposed development site), providing pedestrian access from this site to the school. ➢ The applicant is not proposing to take any access to West 3`d Street. 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 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. Site Specific Conditions of Approval 1. 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 4 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. 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. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 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 ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 5 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines N 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 be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 7 w 0 0 0 w 0 0 M I RD L�JJ LJ 77F--1 F -In G 0 Z_ D II W O O Patio. - Gate West Pine Ave. boundary (120'-O") A —A (SideWalk) tp Retaining wall o ------------------- (6 It AIL Buffer AM) A C4 a (d fmce) 4c" to 0 pass) Patio. - 'R lew,") North boundary (1201 - Scale: @ I "=18 X IM (Gress) E* N" 31 *4r "Child Care Center" PLAT PLAN 230 W. Pine Ave. Meridian, Idaho (01/12/03) Gate (Paved Park&W tp o ------------------- (6 It AIL Buffer AM) 'R lew,") North boundary (1201 - Scale: @ I "=18 X IM (Gress) E* N" 31 *4r "Child Care Center" PLAT PLAN 230 W. Pine Ave. Meridian, Idaho (01/12/03) / MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless 0z_ BYIG�1 Tn -' tt IDAHO LEGAL DEPARTMENT (208) 288-2499 - 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 Keith Bird =v �� PLANNING AND ZONING (208) 8845533 - Fax 888-0854 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.: RZ 03-003 Request: Request for a Rezone of 0.35 acres from R-4 to O -T zones By: Location of Property or Project: David Zaremba, P/Z (No VAR, VAC, FP) Jerry Centers, P/Z (No VAR, VAC, FP) 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, Mayor 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 City Planner Parks Department rine Avenue Meridian School District (No Fp) Meridian Post Office (FPiPP only) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (Fplpp only) U.S. West (FPiiPPonly) Intermountain Gas (FP/PPanly) Bureau of Reclamation (FP7pp only) Idaho Transportation Department (No Fp) Ada County (Annexation only) Meridian Development Corporation Historical Preservation Commission 1 Your Concise Remarks: 'n�lr Lyres S1� �c 3/y'� l._?& RECEIVED altpf FEB 1 12003 City Of Meridian City Clerk Office 33 EAST IDAHO - MERIDIAN, IDAHO 83642 (208) 888.4433 - Fax (208) 887.4813 - City Clerk Office Fax (208) 888.4218 - Human Resources Fax (208) 884-8723 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) 466-9272 Fa 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 FAX 888-6854 March 20, 2003 RECEIVET) MAR 14 2003 CITY OF MERIDIAN CITY Cl-FRK OFFf(`f` • Request for a Rezone of 0.35Acres of Land Located at 230 W. Pine Avenue from R4 (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 (Fide 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 full, unless expressly 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 property 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. 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. HUB OF TREASURE VALLEY MAYOR A Good Place to Live Robert D.ConiME CITY OF MERIDIAN CITY COUNCICI L MEMBERS Keith Bud Tammy deWeerd 33 EAST IDAHO Cherie MCC cfless MERIDIAN, IDAHO 83642 William L. M. Nary (208) 888-4433 FAX (208) 887-4813 City Clerk Office 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) 466-9272 Fa 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 FAX 888-6854 March 20, 2003 RECEIVET) MAR 14 2003 CITY OF MERIDIAN CITY Cl-FRK OFFf(`f` • Request for a Rezone of 0.35Acres of Land Located at 230 W. Pine Avenue from R4 (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 (Fide 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 full, unless expressly 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 property 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. 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. 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. Is 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 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 property. 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 such use will not change the essential character of the same area; Staff finds that the proposed development is designed in a manner that will be harmonious with and appropriate in appearance 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 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. 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 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 detrimental to the general welfare of the community. I 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 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 staff would 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. 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 covered 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 Yd street frontage located behind the existing detached single family dwelling. One of the 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 O -T zoning 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/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; Staff finds that the proposed development 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 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; 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 ACHD requirements. Parking access is taken off the 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 of this conditional use. SPECIAL CONSIDERATIONS 1. Parking Modifications: As noted above in the first finding (for the CUP), the property is large enough to have all of the required parking 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 parking. The addition of two (2) angled parking stalls behind the garage 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 parking 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 parking stall, the total number of parking stalls provided would be six stalls, where six are required. Other options for providing additional parking include requesting a variance to allow existing street parking to count towards on-site parking, taking parking lot access off of W. 3nd Street or removing the garage to make room for additional parking. 2. Alternative Compliance dscapiW: 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 (15') 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 larger than can be provided. (MCC 12-13-18-2C). 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 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 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 determine if the proposed reduction in landscaping is appropriate for the proposed use in the proposed O- T zone. 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. 3. 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 3`d Street, based on the waiver allowance for properties having more than a 100' foot wide lot frontage, found in MCC 12-5-2K. CONDPITONS OF APPROVAL 1. In accordance with MCC 11-134.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. 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 -LC 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 (International Fire Code). The IBC defines all building 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 occupanck 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 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'a Street 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 new parking Plan or a variance shall be submitted to the Planning and Zoning Department for approval at least ten days 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 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 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 time, 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 17a' of March 2003. Meridian Joint School District No. 2 911 N. Meridian Road Meridian, ID 83642-2241 Melvin Jones 10497 N. Palisades Way Boise, ID 83706 Dalice Chester 470 W. McMillan Rd. Meridian, ID 83642 Randy Dellimagine 326 W. Pine Street Meridian, ID 83642 sbl�%- alA103 Quantum Company 157 E. Ada Street Meridian, ID 83642 S ��1�1U3 Steve Spangler 921 W. 3id 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 Mongan 906 W. 4 Street Meridian, ID 83642 Schmeckpeper Declar of Trust 157 E. Ada St. Meridian, ID 83642 John & Margaret Schroeder Kay & Vonalou McKinney Trust Ellen Robbins Vonalou McKinney Trustee 32 E. State Ave. P.O. Box 267 914 W. 2"d Street Boise, ID 83701-0267 Meridian, ID 83642 Meridian, ID 83642-2343 Kenneth & Kimberly Sovie 9896 Lancelot Ave. Boise, ID 83704-5235 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 Dennis & Judith Buse 2501 W. Bannock St. Boise, ID 83702-4834 Toni Root 303 W. Pine Ave. Meridian, ID 83642 Virginia & E Brinegar 5190 N. Locust Grove Meridian, ID 83642 Robert & Brenda Rutz 323 W. Pine Ave. Meridian, ID 83642-2238 Donna Priest 231 W. Pine Ave. Meridian, ID 83642 James Fuhrman Rd. P.O. Box 821 Meridian, ID 83680-0821 Fred & Stacey Schimpf 176 Pine Valley Dr. Cascade, ID 83611 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`d Street P.O. Box 821 Eagle, ID 83616-2614 Meridian, ID 83642 Meridian, ID 83680-0821 Amy Armstrong James & Maxine Killian Nancy Poyser 813 W. 2nd Street P.O. Box 826 222 W. 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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. N 0O'OP4 312 223 Wzat e°, "2 n Za �o� w KJA, EIV1 viu MAR 17 2003 CITY OF MERIDIAN - dI�LCLERK OFFICE RXCETVIEU MAR 2 0 2003 PUBLIC HEARING N SIGN-UP SHEET CITY OF MERIDIA DATE March 20, 2003 PROJECT NUMBER RZ 03-003 PROJECT NAME Merlyn Schmeckpeper NAME FOR AGAINST 1_9 March 31, 2003 RZ 03-003 MERIDIAN PLANNING & ZONING MEETING April 3, 2003 APPLICANT Merlyn Schmeckpeper ITEM NO. 4 REQUEST Continued Public Hearing from March 20, 2003 — Request for a Rezone of 0.35 acres from R-4 to O -T zones for Merlyn Schmeckpeper — 230 West Pine Avenue AGENCY COMMENTS CITY CLERK: See previous Item Packet CITY ENGINEER: CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY POLICE DEPT: 1 T 1LU MWlt I CITY FIRE DEPT: n (l o L CITY BUILDING DEPT: U to C/U CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: See attached Comments CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See atfached plat Contacted:I�Date: Phone: g r C Matedals presented at public meetings shall become properly of the City of Meridian`�(%M L-L)� ACH Ada County Highway District 11 Susan S. Eastlake, 1st Vice President Garden City ID 83714-6499 Dave Bivens, 2nd Vice President Phone (208) 387-6100 David E. Wynkoop, Commissioner FAX (208) 387-6391 John S. Franden, Commissioner E-mail: tellus®ACHD.ada.id.us March 25, 2003 To: Merlyn Schmeckpeper 157 E. Ada Street RECEMD Meridian, Idaho 83642 MAR 2 6 2003 Subject: MCUP03-006/MRZ03-003 Cit of Meridian Child Care Facility City Clerk Office 230 West Pine Avenue 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`d Street. Upon discussion with the City of Meridian staff the city was concerned about the alley being the only iyess/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 3rd Street. West 3rd 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 (ACRD) 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 3rd 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 3'd 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 3rd Street. 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 me at 208-387-6171. Sincerely, 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 O'Toole and Debbie & James Sheridan 230 West Pine Avenue Meridian, Idaho 83642 Attachment: Revised MCUP03-006/MRZ03-003 staff report `Ada County Highway District & Devetopment t)eparrmenr 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, inewtonCa.achd.ada.id.us (revised March 25, 2003) File Numbers: Site address Owner: MCUP03-006/MRZ03-003/Child Care Facility (Sunshine Academy) REVISED 230 West Pine Avenue Merlyn Schmeckpeper 157 E. Ada Street Meridian, Idaho 83642 Brandon Schmeckpeper 8810 Churchill 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 (ACHD) 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 3'° 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 MC UP03-0061M 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-family dwelling with a detached 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`d Street: 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 Alley: 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. 3rd street has 2 -travel lanes with no curb, gutter or sidewalk abutting the site. 3`d 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 8. Existing Right -of -Way Pine Avenue has 70 -feet of existing right-of-way (40 -feet from centerline). 3rd 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 application 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 72-1`113). This right-of- way width 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 -FIA 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). Waiver of Policy for the construction of curb gutter and sidewalk abutting the site on West 3rd Street: 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 3rd 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. 3rd 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 corner of west 3rd 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 1s` 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. 12 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 an 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 3rd 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. 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 ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. F. Conclusions of Law The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines 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 be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 7 v " +� 7 .e Ar • g: l 4 LA� t R� , t,. M S Y - yy 7.+t l a �., i i � � f': ! c r � �I ""1� f ] ! � 6 � 1 � r i fr ��-J. • • fi �-+ ai d%L �� q k � } Y L - .,w Ort. e, t isi •i _c r' 4 «sK di �4 Off u� `"f�ira.e 'y fY � ► f 6rwivi.�' `t �`',_y� �,a. �a .- y WEST PINE STREET (COLLECTOR) e P West Pine Ave. boundary (120'"0") 4 (Edge of Pavement) 3 hfShIeWalk) ng Curb -Cut) 1q G 20' Retaining wall -,A 'T 2-A" - 1 1 I'd ---- ------ ---- ---- --- Pw.pole (Gress) AE111 -1 (Gress) S .2,steps 0 T -T 4,E K HO ROW x ten") 26'-3- Pow 34--8- o/c of DWI 46'-0" to Edge of Paverr ant ct LU Gael LU 6l )L -tene—r — Srva . .... . N1 0 W Gate M -j -j Patio w teB @ 24'.0- 01 Handy- C (grana) rn 1E 4D Parkin Gets 22A 5M"- 101-01 ---------- z 26'-0 is �113%1111"—f North bouiniciary (120'.k') NOTES: Parking: - 3 Employee - 3 Customer -I Handy Cap Landscape: - "A"- Capital Pear"Pyrus calleryana" -"B" - Little Leaf Linden"Tilla cordate" - "E" - Existing SCALE: V = 20 ft. 01 in. Alley ENDS PLAT # 3D Here @ School I - "Child Care Center" Re,I;,,LLj.PLAT PLAN 230 W. Pine Ave. Meridian, Idaho (03124103) W O O C_7 W O O i ul O In F1777 IF -7 i IF -7 MEMORANDUM: To: Mayor, City Council and Planning & Zoning Commission From: Dave McKinnon, Planner II N Bruce Freckleton, Senior Engineering Tech` * Re: Ni Days Addition/ Sunshine Academy (230 W. Pine Street) LEGAL DEPARLNIENT (208) 466-9272 Fax466-4105 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 " Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 88+5533 FIN 888-6854 April 3, 2003 ,ECEIVE MAR 2 6 2003 CITY OF MERIDIAN ;ITY CLFRK nFF!r' 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 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 in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY Planning and Zoning Commission meeting Old language removed from the reuort will be AFnek4heugh and new language will be in bold and underlined 1 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 property 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. HUB OF TREASURE VALLEY MAYOR A Good Place to Live Robert D. orrie CITY OF MERIDIAN CI1l� COUNCIL MEMBERS CI ME;=0.f ]Leith Bud Tammy &Weerd 33 EAST IDAHO Cherie McCandless MERIDIAN, IDAHO 83642 William L. M. Nary (208) 888-4433 FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 MEMORANDUM: To: Mayor, City Council and Planning & Zoning Commission From: Dave McKinnon, Planner II N Bruce Freckleton, Senior Engineering Tech` * Re: Ni Days Addition/ Sunshine Academy (230 W. Pine Street) LEGAL DEPARLNIENT (208) 466-9272 Fax466-4105 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 " Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 88+5533 FIN 888-6854 April 3, 2003 ,ECEIVE MAR 2 6 2003 CITY OF MERIDIAN ;ITY CLFRK nFF!r' 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 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 in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY Planning and Zoning Commission meeting Old language removed from the reuort will be AFnek4heugh and new language will be in bold and underlined 1 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 property 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. PlarriN & Zoning Commission/Mayor & City Council April 3r , 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. 3rd 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. Is 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 same area; Staff finds that the proposed development is designed in a manner that will be harmonious with and appropriate in appearance 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 welfare of the community. I. Will not involve uses, activities, processes, materials, equipment, and conditions that will be detrimental to any persons, property, or general welfare by reason of Plannin� & Zoning 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 staff would 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 (I 1-17-3): 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, Same fnedifleatiefis will need fe be--A� g let layout as there' r sible i.-theap parking s4all indi ,. ed 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 indicated that three emolovees will be emvloved at the daycare and there will be approximately 30 children cared for at the facility therefore the applicant is reauired to provide at least six (6) parking spaces per MCC 11-13. The revised site plan includes two (2) covered narking stalls (garnee) for employees. a new van accessible ADA narking stall and Plannin§ & Zoning Commission/Mayor & City Council April 3` , 2003 Page 5 Landscapina is also increased on the revised site plan The northern property line now provides annroximately nine feet (9') of landscaping with a large number of trees instead of five feet (5') with no trees as previously depicted on the oriainal plan. This number is still less than the required landscape buffer between land uses, but may be permitted though the alternative compliance section of the Landscape Ordinance (MCC 12-13-18). No fencing has been added to the play but may be useful in reducing the impact of the reduced landscape 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, 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/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; Plants & Zoning Commission/Mayor & City Council April 3 , 2003 Page 6 Staff finds that the proposed development 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 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; 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 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'd Street. net Oem Pine Stpe . 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 of this conditional use. SPECIAL CONSIDERATIONS .1 Pagking (. difi....x:....... A......t...] is �. Gimp 1. n �x oaaoxa shave-iit the finding . .� pFepei4y is Plannin� & Zoning Commission/Mayor & City Council April 3` , 2003 Page 7 1_2 Alternative Compliance(Landscaping): 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 fifteen -feet -(152) 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 (MCC 12-13-8) 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. (MCC 12-13-18-2C). 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. and shexld-run 'done the emixa! .,..hof the _ w prepefty line l....,.ludi h It � Th appli eant review prier te the next publie heafing, The Commission should determine if the proposed reduction in landscaping is appropriate for the proposed use in the proposed O- T zone. Furthermore, the new landscaping plan will need to includes a ten foot (10') wide buffer adjacent to 3`d Street, in compliance with the Landscape Ordinance. If the landscaping is located on ACHD's right-of-way, a license agreement will be needed prior to occupancy. 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 3`d Street; based on the waiver allowance for properties having more than a 100' foot wide lot frontage, found in MCC 12-5-2K. Planninf & Zoning Commission/Mayor & City Council April 3' , 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 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. 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 11-12-1.0 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 (International 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 occupancy. 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. 3rd Street (if located within ACHD's right-of-way a license agreement will be required prior to occupancy) 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-new�arki . 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. Planning & Zoning Commission/Mayor & City Council April 3` , 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 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 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 standards 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 are allowed per the ordinance. The revised site plan addresses the maior concerns of the original staff report snecifically lack of parking and small landscape buffers Stasi supports the revisions made to the site plan. Several other items such as fencing along the northern property line or limiting the number of children were discussed at the previous meeting but have not been incorporated into the revised site nlan. If the Commission wishes to add further conditions of approval for this nroiect please include them in your motion. Planning & Zoning Commission/Mayor & City Council April 3`3, 2003 Page 10 WEST PINE AVENUE (COLLECTOR) West Pine Ave. boundary (120'-0") N (Edge of Pavement) (SkieWalk) Pwr.Pole (Gress) Well I ryi1R Ir I w �•rq 0 2'-a. pow (Grass) M-- m WIN ! a -a' RECEIVED hIAR 2 5 2003 06CITY OF MERIDIAN ro (Grass) 13•-0"— North boundary (120' ") NOTES: Parking: - 3 Employee - 3 Customer - 1 Handy Cap Landscape: - w - Capital Pear "Pyrus calleryana" - "B" • Little Leaf Linden "Tilia cordata" - "E" - Existing Alley ENDS SCALE: 1" = 20 ft. 0 in. Here @ School I PLAT # 3D © z z "Child Care Center" PLAT PLAN 230 W. Pine Ave. Meridian, Idaho NI �� W JZI Qcc cr 3; ♦ i Handy. Q >1 Parkirig; di r M-- m WIN ! a -a' RECEIVED hIAR 2 5 2003 06CITY OF MERIDIAN ro (Grass) 13•-0"— North boundary (120' ") NOTES: Parking: - 3 Employee - 3 Customer - 1 Handy Cap Landscape: - w - Capital Pear "Pyrus calleryana" - "B" • Little Leaf Linden "Tilia cordata" - "E" - Existing Alley ENDS SCALE: 1" = 20 ft. 0 in. Here @ School I PLAT # 3D © z z "Child Care Center" PLAT PLAN 230 W. Pine Ave. Meridian, Idaho PcET"ED CITY OF MERIDIAN APR - 3 2003 PUBLIC HEARING CITY OFri1�ti:.L SIGN-UP SHEET DATE April 3, 2003 ITEM # 4. PROJECT NUMBER RZ 03-003 PROJECT NAME Merlyn SChl eckpep@r NAME (PLEASE PRINT) FOR AGAINST NEUTRAL �V S In response to issues raised at the March 20 Public Hearing items # RZ03-003 and #CUP03-006 (Rezoning of property at 203 W al Use Permit for Pine to OT and ConditionSunshine 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. designSchmef th p a The plan now includes paving the entire area behind the facility, with the exception of a 10 foot buffer separating the facility one van ac he adjacent handicapped This allows for a total of 6 regular parking spaces space, in addition to the two spaces within the garage for staff parking. The plan is for cars to enter the parking area through the alley to the east of the site and to exit onto 3rd street. This should eliminate the need to turn around in the parking lot. In the current drawing you will see that 4 cars are parked facing away from the adjacent two additional cars are parked parallel to the buffer property rather than towards it. The facing 3' Street. 2) The Buffer separating Sunshine Academy parking lot from neighboring residential property The revised site plan shows a 10 -foot buffer all along the back tha(north side) of the build a 6 foot wood separating it from the adjacent property. We proposing privacy fence separating the properties and that 4 trees be placed as landscaping within the buffer zone. (In addition to One (1) tree to be planted between the play area and the Pine Ave. in front of the building. 3) Response o the of a daionsre facility ty those se residPmeing oAven neighboring properties to the establishment 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 the nature of the neighborhood from "residential" to a ➢ Objections to changing mixed use. RECE�D APR - 3 2003 CITY OF MERIDIAN To address each of these objections in turn: Additional Traffic: ➢ This is a very small center, about half of the general size of many facilities. According to the staff report, this facility is of a size that did not even require an impact study prior to or associated with the application before you. ➢ While it is true that there is already considerable traffic near Meridian elementary school during those periods right before and after school, this facility is unlikely to make that much worse. Most elementary children arrive at school between 8:45 and 9:00 and leave around 3:30 when school is dismissed for the day. Sunshine Academy, however, will serve a clientele that is more spread out over the day than that. The center plans to open at 6:30 am and close at 6 pm. Arrivals and departures will be spaced further apart in time than the elementary school with some children arriving fairly early and others not until later, after classes are already in session at the Meridian elementary. While these arrivals and departures cannot be predicted exactly, it is unlikely that the traffic will all be concentrated in the short time frames that are currently experienced at the elementary school. ➢ The characterizations of congestion of traffic at this location, were, I believe, somewhat exaggerated during the March 20 discussion. In traveling that street at least twice daily over the past 5 years, I have not ever seen any congestion in the area of the proposed facility. Cars are sometimes lined up at Meridian road, but that is about two city blocks to the east of the facility. Additional Noise: ➢ Sunshine Academy is planning an outdoor play area in the yard on the east side of the facility. This yard will be fenced and activities supervised. At various times during the day, children will be playing outdoors or involved in outdoor activities. The play yard is on the far side of the property, separated by a large garage and the parking area or by the facility itself, from those who spoke in opposition to the facility. Play times will be scheduled for small groups throughout the day. But, as the area is relatively small, probably 10 to 12 children will use it at one time. Considering that there is an elementary playground right in the vicinity, it is hard to imagine that the school will add very considerably to the noise in the area. Safety Concerns: ➢ Some of those speaking in opposition to the facility expressed the concern that Parents would "just do whatever they have to do to drop their kids off' — thus endangering the safety of those children in the area. However, Sunshine Academy will have written policies for parents to follow regarding procedures for dropping of and picking up children which require that the parent physically sign in and out each day, and speak with the teacher. There will also be written policies regarding parking and regarding driving through the parking lot — with reminders that there are children in the area. Drop off and Pick up will be a controlled — not an uncontrolled — process. Policies will be quite clear and anyone who violates them -will be reminded in very clear terms. Children in attendance at the center will be supervised at all times. There are good sidewalks, adequate for foot traffic, and there is already, in effect a 20 mph speed Iimit due to the presence of the elementary school. It is our understanding that the long term plans for this area include converting it to the OT zoning designation providing for mixed use in the area. We have identified the following small businesses already located within a 2 block area of where the Sunshine Academy wishes to locate: o Lisa's Yam Shop o Vickie's Hair Flair 905 w Ist. o Meridian Chiropractic 323 W. Pine o ABC Club (650 Broadway) o Headstart Center at 3rd and Broadway o Senior citizens Center 133 W Broadway o Meridian First Baptist 428 W Pine o Meridian Mission Baptist Church 310 E Third As you can see, a number of these businesses are "people oriented" sorts of activities with some retail. The Early Learning program seems to fit well into this venue. ➢ One of the reasons that a small center is being planned, it that the quality of care at the center is of primary importance to us, and it is felt that a fairly small facility with a "homey" feeling contributes to the well-being of the children who attend. While the center will focus on developing pre and early reading skills, various cognitive skills, and social skills, it chooses to do so in an atmosphere that is as closer to what is experienced "at home" than some of the larger centers with a more "institutional" feel to them. That is a conscious choice that we have made and feel that a "Neighborhood" is a good place for the center to locate, that it will add to rather than detract from the area. Number of Children Served by Sunshine Academy One additional item discussed during the March 20' meeting involved the number of children served by the Sunshine Academy facility. We have since been in contact with the Meridian Fire Department. The fire department establishes the ratios of children to teachers and the number of children the facility can serve based on square footage. These are the requirements the center must meet to maintain an Idaho State license for a childcare facility. We have been informed by Meridian Fire Department that the open kitchen space, since it is to be used for serving meals and can be used for other activities, is space that can be counted in the square footage. This will allow the center to be licensed for a total of 38 children at any one time. (based on 35 sq ft per child). We would therefore request that the number of children mentioned in the application for the conditional use permit be amended to read 38 rather than 30. K11WH 23, e603 Date: PCETVED APR - 3 2003 CITY OF MERIDIAN To: City of Meridian Planning 8c Zoning Comtttiskon, City of Meridian City Council, the Ada County Mghway District Commission and to whom it may concern. From: Mr. Steve Spangler Ph: 708/898-0431 Re: R* -Zoning of and Conditional Use Permit on behalf of: Quantum Company (Mr. Merlyn D. Schmeckpeper Property Owner) Sunshine Academy Day Care Center ( Mrs. Sharon O'Toole, Mr. Jim Sheridan and Mrs. Debbie Sheridan owners) 1 Robert Spangler being the owner of lots 5 & 6, Block 4 of Nrday's Addition to Meridian (Parcel # R6066000260) located at 9 2 1— West3rd Street being West across West 3d Street from Mr. Schmeckpeper'sProperty recommend the approval of the Old Town Zoning and to approve of and he Conditional Use Permit for the Sunshine Academy Day Care Center and for the following reasons: 1. Because of their operating hours 1 would consider a Day Care Center as a' 'Good Neighbor". Z. The new access and egress to and from West 3'n. Street as proposed by Mr. Schmeckpeper will not create a traffic problem (as some people think) as West Yd Street is a dead end street that ends in front 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 includes the enclosure of (piping) the irrigation ditch that runs along Mr. Schmeckpeper's Property bordering West 3"d Street. This win greatly improve the looks and safety of this ditch and be a benefit to the neighborhood. . I believe this project should be approved and urge you to do so. Steve Spangler 3/0 RECEIVED MERIDIAN CITY HEARING - REVISION OF CHILD CARE AI ,� 0 3 2003 FACILITY CITY OF MERIDIAN CITY Cl FRK nr:FICF April 3, 2003 As the property owner at 918 West 3" St, I object to the rezone and conditional use 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 of the 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 3" 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'" 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 ACHD 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 full 20 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 standard 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 area, improvements should be made at this time to avoid use of public funds for future improvements on both 3`" 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 ACHD 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 requirement to meet ACHD requirements for inspection of the alley and the drainage facilities, this is a misuse of public fands. The previously submitted petition clearly shows that the Planning and Zoning department has intentionally ignored the wishes of the surrounding residents for the benefit of ONE DEVELOPER. In conclusion, the rezone, conditional use permit and staff report have 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.