Loading...
HomeMy WebLinkAboutBuilding Bridges CUPBEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C/C 05/13/03 C/C 05/20/03 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A CHILD CARE FACILITY IN AN R-4 ZONE FOR BUILDING BRIDGES CHILD DEVELOPMENT CENTER, LOCATED AT 3289 NORTH TOWERBRIDGE WAY, MERIDIAN, IDAHO Case No. CUP-03-004 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL U5E PERMIT APRIL REYNOLDS, APPLICANT The above entitled conditional use permit application having come before the City Council on May 13, 2003 and continued until May 20, 2003, at the hour of 7:00 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Anna Powell Director for the Planning and Zoning Department, and Tyler Reynolds, appeared and testified, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDTI'IONAL USE PERMIT PAGE 1 OF 23 FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 13, 2003 and continued until May 20, 2003, before the-City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the May 13, 2003, and continued until May 20, 2003, public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. This proposed development request is in an R-4 zone and by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 2 OF 23 4. The property is located at 3289 North Towerbridge Way, Meridian, Idaho. 5. The owner of record of the subject property is Primeland Development Company, 660 E. Franklin Road, Suite 110, Meridian, Idaho. 6. Applicant is April Reynolds, 2650 N. Chancery Way, Meridian, Idaho. The subject property is currently zoned R-4 (Low Density Residential). The zoning district of R-4 is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for a child care facility in an R-4 zone (Planned Development). The R-4 zoning designation has been modified by an approved Planned Development permit approved by the City of Meridian to allow uses other than those typically allowed in an R-4 zone as long as a Conditional Use Permit is obtained for all uses allowable in the L-O zone, including those requested by the applicant. 9. The proposed application is in compliance with the Meridian Comprehensive Plan, which designates the subject property as "Residential". 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 3 OF 23 services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The maximum number of children allowed at this facility shall be dictated by the Fire Department and the State approval authority (Health and Welfare). B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIltEMENTS 1. Sanitary sewer and water service shall be from existing service lines on the property. 2. The applicant shall correct the site plan to show the drive aisle at 25 feet wide and shall align with the driveway on the east side of Towerbridge. The fourpazking spaces south of the loading azea shall be approved as "compact"; measuring 9'x16'. (Per action of the Council at their May 20, 2003 meeting.) 3. The structure shall be located a minimum of 5 feet beyond the existing 25-foot street buffer. This will require a 6-inch shift from the current location depicted on the site plan. The required 30-foot front setback will be measured from the front of the street buffer common lot. 4. The minimum width of all pazking lot "island" planters is 5 feet wide, measured inside curbs. One tree is required in each planter. All parking lot planters shall be designed in accordance with MCC 12-13-11-3. 5. The trash enclosure shall be designed and located so that no part of the structure encroaches into a required drive aisle. Coordinate the enclosure location, size, and materials with the Sanitary Services Company (SSC). Design must be in accordance with Ordinance 11-12-1C. 6. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 4 OF 23 adjacent properties or right-of--way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 8. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 9. All pazking shall be striped and improved in accordance with the Meridian City Code 10. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of E nvironrnental Q uality 1997 p ublication C atalog o f S torm Water Best Management Practices for Idaho Cities and Counties and City ofMeridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regazding Shallow Injection Wells. 11. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the fonn of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 12. Applicant shall be required to submit revised plans a minimum of ten days prior to the next public hearing. C. Adopt the Recommendations of ACHD as follows: Comply with Brideetower Subdivision Site Specific Requirements: 1. Dedicate 48-feet ofright-of--way from the centerline of Ustick Road abutting the pazcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right-of--way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #193. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 5 OF 23 2. 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. 3. Construct the main entrance, Towerbridge Way, with a 29-foot street section and a 36-foot street section, with a 30-foot wide center median and located approximately 400- feet east of Quarrystone Way on the south side of Ustick Road, as proposed. Dedicate sufficient right-of--way for the entire width of the entrance. 4. Construct a center turn lane on Ustick Road for the Ustick Road/Towerbridge Way intersection. The turn lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the tum lane with District staff. 5. Construct the main entrances to Pride Crossing Drive with 29-foot street sections and a 20-foot wide center median. Dedicate sufficient right-of--way for the entire width of the entrances. 6. Towerbridge Way and Pride Crossing Drive shall be designated as residential collector streets with no front-on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. The access restrictions for these streets shall be stated on the fmal plat. Construct these streets segments as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. Unless otherwise noted, parking should be prohibited on these street segments. Coordinate the signage plan with District staff. 7. Construct a bridge on N. Towerbridge Way where the roadway crosses Fivemile Creek. The bridge shall be constructed as a 29-foot street section with curb, gutter and 5- footwide concrete sidewalks. Coordinate the design of the bridge with District staff. 8. Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the parcel. The sidewalk should be located 2-feet within the new right-of--way. Coordinate the location and elevation with District staff. 9. If relocation is required, utility poles shall be relocated out of the new right-of- way on Ustick Road, and are the responsibility of the developer. 10. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of--way. 11. Construct the main entrance to Trestle Drive with 21-foot street sections and a 10- footwide center median as proposed. Dedicate sufficient right-of--way for the entire width of the entrance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 6 OF 23 12. Stub Pride Crossing Drive, a residential collector, to the east property line between Lot 3, Block 2 and Lot 2, Block 7. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 13. Stub Towerbridge Way, a residential collector, to the north property line between Lot 14, Block 5 and Lot 30, Block 3, and construct over the Cresson Lateral. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 14. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 15. Construct the turnazounds to provide a minimum fuming radius of 45-feet, as proposed. 16. Constmct a 24 to 30-foot wide driveway at the east property line of Lot 2, Block 2 to access the proposed recreation center. Pave the driveway its full width and at least 30- feet into the site beyond the edge of pavement of Pride Crossing Drive. 17. Construct a 24 to 30-foot wide driveway on Towerbridge Drive, approximately 140-feet north of Ustick Road to access Lots 2, and 3, Block 1, future office/commercial sites. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Towerbridge Drive. 18. Construct a 24 to 30-foot wide driveway on Towerbridge Drive, approximately 140-feet north of Ustick Road to access Lot 6, Block 1, a future office/commercial site. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Towerbridge Drive. 19. Direct lot or parcel access to Ustick Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 7 OF 23 Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The reauest shall specifically identify each reauirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity The written request shall be submitted to the District no later than 9.00 a m on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. 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. 5. 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. 6. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 8 OF 23 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 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. 8. 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. 9. 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 awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide afire-flow of 2000 GPM per the Uniform Fire Code Appendix III-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All roads shall have a fuming radius of 28' inside and 48' outside. 4. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 5. A Daycaze Center will be required to meet the requirements of the International Building & Uniform Fire Codes. 6. A Daycaze Center will be required to pass an inspection based the requirements of the Idaho State Fire Marshal's Office. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 9 OF 23 E. Adopt the Recommendations of Central District Health Department as follows: Plans will be required to be submitted for review for any child care center. 2. Applicant must contact Susan Simmons at CDHD 327-8530. F. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. The Five Mile Drain courses along the north boundary of the proposed project. The Five Mile Drain is a Federal Drain and any encroachments within the easement without approved plans and a signed license agreement are unacceptable. All storm drainage must be retained on site. G. Adopt the Recommendations of Sanitary Service as follows: No enclosure dimensions are provided for and will need to be. H. Adopt the action of the City Council taken at their May 27, 2003 meefing as follows: The applicant presently is allowed up to 135 students, but shall be allowed to have up to a total of 160 students maximum. If the applicant increases the number of students beyond 135 students, then the applicant shall be required to submit proof to the Planning and Zoning Department that the facilityhas the additional parking that would be required for the number of additional students and employees. Additionally, the applicant shall be required to be in compliance with all applicable codes at the time of increase. 2. A parking variance is not needed as the present parking is adequate and meets the present needs of the facility for students and employees. 13. It is found that the subject property is presently large enough to accommodate the required parking for the present 135 students, which includes parking spaces for employees. The property is large enough to accommodate the open space, landscaping and other features required for the proposed childcare facility. Additionally, if the applicant increases the number of students and employees proof of the required additionally parking will have to submitted to the Planning and Zoning Department, and also the applicant will have to be in compliance with all the applicable codes. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 10 OF 23 14. The current Comprehensive Plan Land Use Map designates the property as "Residential" and is currently zoned "R-4". It is found that the requested use is a "Conditional Use" according to MCC 11-8-1. It is found that the proposed use and plan to be in compliance with the Meridian Zoning Ordinance and the Comprehensive Plan, as long as the conditions of the staff report are met. 15. It is found that the proposed development will not adversely change the existing or intended character of the general vicinity. The subject lot is intended for non-residential development per the approved Bridgetower planned development. The proposed childcare use is a service that maybe of benefit to the general neighborhood. 16. It is not anticipated that the proposed use will adversely affect adjacent properties. The site is over 140 feet from the neazest residential lot to the north in Bridgetower Subdivision. The other adjacent lots in Primeland Subdivision have been approved for similar office use. Cox Dental office building is currently under construction to the east. 17. It is found that the proposed development will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, and sewer. 18. 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. 19. It is found that the proposed use would not create significant interference with any traffic on the surrounding public streets. 20. It is not anticipated that the proposed use will be detrimental to the general FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 11 OF 23 welfare of the community by means of increased traffic, noise, smoke fumes, glare or odors generated by the use. 21. It is found 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 by the issuance of this conditional use. Five Mile Creek is immediately north of the subject property, but the creek is on a separate parcel. Landscaping on the subject property is outside of the Nampa & Meridian Irrigation District easement, and will serve to enhance this existing natural feature. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. The City Council has the duty and responsibility to review the facts and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 12 OF 23 circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 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; b. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential chazacter of the same 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; e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed conditional use shall be able to provide adequately any such services; f. That the proposed use will not create excessive additional cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create interference with traffic on surrounding public streets; and i. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Prior to granting a conditional use permit in the Low Density Residential District (R-4), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 13 OF 23 Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 14 OF 23 G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: That the above named applicant is granted a conditional use permit for a child care facility in an R-4 zone (Planned Development) located at 3289 N. Towerbridge Way, Meridian, Idaho, subject to the following conditions of use and development, subject to the following: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: 1. The maximum number of children allowed at this facility shall be dictated by the Fire Department and the State approval authority (Health and Welfare). B. Adopt the Recommendations ofthe Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REQUIREMENTS Sanitary sewer and water service shall be from existing service lines on the property. 2. The applicant shall correct the site plan to show the drive aisle at 25 feet wide and shall align with the driveway on the east side of Towerbridge. The four parking spaces south of the loading area shall be approved as "compact"; measuring 9'x16'. (Per action of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 15 OF 23 Council at their May 20, 2003 meeting.) 3. The structure shall be located a minimum of 5 feet beyond the existing 25-foot street buffer. This will require a 6-inch shift from the current location depicted on the site plan. The required 30-foot front setback will be measured from the front of the street buffer common lot. 4. The minimum width of all parking lot "island" planters is 5 feet wide, measured inside curbs. One tree is required in each planter. All parking lot planters shall be designed in accordance with MCC 12-13-11-3. 5. The trash enclosure shall be designed and located so that no part of the structure encroaches into a required drive aisle. Coordinate the enclosure location, size, and materials with the Sanitary Services Company (SSC). Design must be in accordance with Ordinance 11-12-1C. 6. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of--way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 7. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 8. All construction and site improvements shall conform to the requirements of the Americans with Disabilities Act. 9. All parking shall be striped and improved in accordance with the Meridian City Code. 10. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of E nvironrnental Q uality 1997 p ublication C atalog o f S torm Water Best Management Practices for Idaho Cities and Counties and City ofMeridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 11. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter ofcredit FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 16 OF 23 or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 12. Applicant shall be required to submit revised plans a minimum often days prior to the next public hearing. C. Adopt the Recommendations of ACRD as follows: Comply with Brid¢etower Subdivision Site Suecific Requirements: Dedicate 48-feet ofright-of--way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs fast. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right- of-way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #193. 2. 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. 3. Construct the main entrance, Towerbridge Way, with a 29-foot street section and a 36-foot street section, with a 30-foot wide center median and located approximately 400-feet east of Quarrystone Way on the south side of Ustick Road, as proposed. Dedicate sufficient right-of--way for the entire width of the entrance. 4. Construct a center turn lane on Ustick Road for the Ustick Road/Towerbridge Way intersection. The turn lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the tum lane with District staff. Construct the main entrances to Pride Crossing Drive with 29-foot street sections and a 20-foot wide center median. Dedicate sufficient right-of--way for the entire width of the entrances. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 17 OF 23 6. Towerbridge Way and Pride Crossing Drive shall be designated as residential collector streets with no front-on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. The access restrictions for these streets shall be stated on the final plat. Construct these streets segments as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. Unless otherwise noted, parking should be prohibited on these street segments. Coordinate the signage plan with District staff. 7. Construct a bridge on N. Towerbridge Way where the roadway crosses Fivemile Creek. The bridge shall be constructed as a 29-foot street section with curb, gutter and 5-foot wide concrete sidewalks. Coordinate the design of the bridge with District staff. 8. Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the parcel. The sidewalk should be located 2-feet within the new right-of--way. Coordinate the location and elevation with District staff. 9. If relocation is required, utility poles shall be relocated out of the new right-of--way on Ustick Road, and are the responsibility of the developer. 10. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewallcs within 50-feet ofright-of--way. 11. Construct the main entrance to Trestle Drive with 21-foot street sections and a 10- foot wide center median as proposed. Dedicate sufficient right-of--way for the entire width of the entrance. 12. Stub Pride Crossing Drive, a residential collector, to the east property line between Lot 3, Block 2 and Lot 2, Block 7. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 13. Stub Towerbridge Way, a residential collector, to the north property line between Lot 14, Block 5 and Lot 30, Block 3, and construct over the Creason Lateral. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 14. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 18 OF 23 15. Construct the turnarounds to provide a minimum turning radius of 45-feet, as proposed. 16. Construct a 24 to 30-foot wide driveway at the east property line of Lot 2, Block 2 to access the proposed recreation center. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Pride Crossing Drive. 17. Construct a 24 to 30-foot wide driveway on Towerbridge Drive, approximately 140-feet north of Ustick Road to access Lots 2, and 3, Block 1, future office/commercial sites. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Towerbridge Drive. 18. Construct a 24 to 30-foot wide driveway on Towerbridge Drive, approximately 140-feet north of Ustick Road to access Lot 6, Block 1, a future office/commercial site. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Towerbridge Drive. 19. Direct lot or parcel access to Ustick Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written ex lanation of wh such a re uirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration ofthe Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each re~c uirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERNIIT PAGE 19 OF 23 reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. 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 ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 5. 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. 6. 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. 7. It is the responsibility of the applicant to verify all existing utilities within the right- of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. 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. 8. 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. 9. 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 propertyunless awaiver/variance of said FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 20 OF 23 requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: Provide afire-flow of 2000 GPM per the Uniform Fire Code Appendix III-A to service the project. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All roads shall have a turning radius of 28' inside and 48' outside. 4. All access roads within the project shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 5. A Daycaze Center will be required to meet the requirements of the International Building & Uniform Fire Codes. 6. A Daycare Center will be required to pass an inspection based the requirements of the Idaho State Fire Marshal's Office. E. Adopt the Recommendations of Central District Health Department as follows: 1. Plans will be required to be submitted for review for any child care center. 2. Applicant must contact Susan Simmons at CDHD 327-8530. F. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. The Five Mile Drain courses along the north boundary of the proposed project. The Five Mile Drain is a Federal Drain and any encroachments within the easement without approved plans and a signed license agreement aze unacceptable. All storm drainage must be retained on site. G. Adopt the Recommendations of Sanitary Service as follows: No enclosure dimensions are provided for and will need to be. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 21 OF 23 H: Adopt the action of the City Council taken at their May 27, 2003 meeting as follows: The applicant presently is allowed up to 135 students, but shall be allowed to have up to a total of 160 students maximum. If the applicant increases the number of students beyond 135 students, then the applicant shall be required to submit proof to the Planning and Zoning Department that the facility has the additional parking that would be required for the number of additional students and employees. Additionally, the applicant shall be required to be in compliance with all applicable codes at the time of increase. 2. A pazking variance is not needed as the present parking is adequate and meets the present needs of the facility for students and employees. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regulaz meeting held on the ~ ~% day of ~~`-e- , 2003. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 22 OF 23 ROLL CALL: COUNCILMAN KEITH BIl2D VOTED~~ COUNCILWOMAN TAMMY deWEERD VOTED~~-- COUNCILWOMAN CHERIE Mc LANDLESS VOTED_~~-- COUNCILMAN WILLIAM L.M. NARY VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED ~' DATED: Fi 3 03 MOTION: APPROVED:~_ DLSAPPROVED: Come Attest: G. Berg, Jr., V` \~GpiiPORq~~0 '°Y s~AL ~~ y4 ~~r ,sc .'' ,~ Copy served upon Applicant, Planning and ~'64q~g~~%~jsttlient, Public Works Department and the City Attorney. BY' ~ /~ City Clerk Z:\WorkVvl4bleridianU-teridian 15360M1Building Bridges Child Development Center CUP-03-004\FfCIsCUP03-004.doc FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT PAGE 23 OF 23 ``\\~~~~ n u n n i i~~ ~qii 4~ GpHP0,3,q .~ ~'V '. ~2 CFO 3~AL ~~ ~ 'O ~T~SK.°x,70,; BEFORE THE MERIDIAN CITY COUNCIL C/C OS-20-03 IN THE MATTER OF THE APPLICATION OF ) APRIL REYNOLDS FOR A CONDITIONAL USE ) PERMIT FOR A CHILD CARE FACILITY IN AN ) R-4 ZONE FOR BUILDING BRIDGES CHILD ) DEVELOPMENT CENTER, LOCATED AT 3289 ) NORTH TOWERBRIDGE WAY, MERIDIAN, IDAHO) CASE NO. CUP-03-004 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on May 6, 2003 and continued until May 20, 2003, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant, April Reynolds, is granted a conditional use permit for a child care facility in an R-4 zone (Planned Development) located at 3289 N. Towerbridge Way, Meridian, Idaho. The requested conditional use is described in the legal and vicinity map which are on file in the Clerk's office located at Meridian City Hall, 33 East Idaho, Meridian, Idaho. 2. That the above named applicant is granted a conditional use permit for a child care facility in an R-4 zone (Planned Development) located at 3289 N. Towerbridge Way, Meridian, Idaho, subject to the following conditions of use and development: A. Adopt the Special Recommendations of the Planning and Zoning Commission as follows: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMTF -APRIL REYNOLDS FOR BUII.DING BRIDGES CHII,D DEVELOPMENT CENTER (CUP-03-004) PAGE 1 OF 9 1. The maximum number of children allowed at this facility shall be dictated by the Fire Department and the State approval authority (Health and Welfare). B. Adopt the Recommendations of the Planning and Zoning and Engineering staff as follows: SITE SPECIFIC REOUIItEMENTS 1. Sanitary sewer and water service shall be from existing service lines on the property. 2. The applicant shall correct the site plan to show the drive aisle at 25 feet wide and shall align with the driveway on the east side of Towerbridge. The four parking spaces south of the loading area shall be approved as "compact"; measuring 9'x16'. (Per action of the Council at their May 20, 2003 meeting.) 3. The structure shall be located a minimum of 5 feet beyond the existing 25-foot street buffer. This will require a 6-inch shift from the current location depicted on the site plan. The required 30-foot front setback will be measured from the front of the street buffer common lot. 4. The minimum width of all parking lot "island" planters is 5 feet wide, measured inside curbs. One tree is required in each planter. All parking lot planters shall be designed in accordance with MCC 12-13-11-3. 5. The trash enclosure shall be designed and located so that no part of the structure encroaches into a required drive aisle. Coordinate the enclosure location, size, and materials with the Sanitary Services Company (SSC). Design must be in accordance with Ordinance 11-12-1C. 6. All exterior lighting, whether attached to the building or located within the parking lot, shall be down-shielded or otherwise altered so that the light does not spill over onto adjacent properties or right-of--way. All parking lot lighting shall be in accordance with Ordinance 11-13-4C. 7. All signage shall be in accordance with the standards set forth in Section 11-14 ofthe City Zoning and Development Ordinance. All signage is subject to design review and shall require separate permits. 8. All construction and site improvements shall conform to the requirements of the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -APRIL REYNOLDS FOR BUILDING BRIDGES CHILD DEVELOPMENT CENTER (CUP-03-004) PAGE 2 OF 9 Americans with Disabilities Act. 9. All parking shall be striped and improved in accordance with the Meridian City Code. 10. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal must be designed in accordance with Department of E nvironrnental Q uality 1997 p ublication C atalog o f S torm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 11. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 12. Applicant shall be required to submit revised plans a minimum of ten days prior to the next public hearing. C. Adopt the Recommendations of ACHD as follows: Comply with BridQetower Subdivision Site Specific Requirements: 1. Dedicate 48-feet ofright-of--way from the centerline of Ustick Road abutting the parcel by means of recordation of a fmal subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be compensated for all right-of--way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. 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. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -APRIL REYNOLDS FOR BUILDING BRIDGES CHILD DEVELOPMENT CENTER (CUP-03-004) PAGE 3 OF 9 3. Construct the main entrance, Towerbridge Way, with a 29-foot street section and a 36-foot street section, with a 30-foot wide center median and located approximately 400- feet east of Quarrystone Way on the south side of Ustick Road, as proposed. Dedicate sufficient right-of--way for the entire width of the entrance. 4. Construct a center tum lane on Ustick Road for the Ustick Road/Towerbridge Way intersection. The turn lane should be constructed to provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 5. Construct the main entrances to Pride Crossing Drive with 29-foot street sections and a 20-foot wide center median. Dedicate sufficient right-of--way for the entire width of the entrances. 6. Towerbridge Way and Pride Crossing Drive shall be designated as residential collector streets with no front-on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. The access restrictions for these streets shall be stated on the final plat. Construct these streets segments as 36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks. Unless otherwise noted, parking should be prohibited on these street segments. Coordinate the signage plan with District staff. 7. Construct a bridge on N. Towerbridge Way where the roadway crosses Fivemile Creek. The bridge shall be constructed as a 29-foot street section with curb, gutter and 5- foot wide concrete sidewalks. Coordinate the design of the bridge with District staff. 8. Construct a 5-foot wide concrete sidewalk on Ustick Road abutting the parcel. The sidewalk should be located 2-feet within the new right-of--way. Coordinate the location and elevation with District staff. 9. If relocation is required, utility poles shall be relocated out of the new right-of- way on Ustick Road, and are the responsibility of the developer. 10. Construct all public roads within the subdivision as 36-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks within 50-feet ofright-of--way. 11. Construct the main entrance to Trestle Drive with 21-foot street sections and a 10- footwide center median as proposed. Dedicate sufficient right-of--way for the entire width of the entrance. ORDER OF CONDITIONAL APPROVAL OF CONDTTIONAL USE PERMIT -APRIL REYNOLDS FOR BUILDING BRIDGES CHILD DEVELOPMENT CENTER (CUP-03-004) PAGE 4 OF 9 12. Stub Pride Crossing Drive, a residential collector, to the east property line between Lot 3, Block 2 and Lot 2, Block 7. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 13. Stub Towerbridge Way, a residential collector, to the north property line between Lot 14, Block 5 and Lot 30, Block 3, and construct over the Creason Lateral. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 14. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the fmal plat. 15. Construct the turnarounds to provide a minimum turning radius of 45-feet, as proposed. 16. Construct a 24 to 30-foot wide driveway at the east property line of Lot 2, Block 2 to access the proposed recreation center. Pave the driveway its full width and at least 30- feet into the site beyond the edge of pavement of Pride Crossing Drive. 17. Construct a 24 to 30-foot wide driveway on Towerbridge Drive, approximately 140-feet north of Ustick Road to access Lots 2, and 3, Block 1, future office/commercial sites. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Towerbridge Drive. 18. Construct a 24 to 30-foot wide driveway on Towerbridge Drive, approximately 140-feet north of Ustick Road to access Lot 6, Block 1, a future office/commercial site. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of Towerbridge Drive. 19. Direct lot or parcel access to Ustick Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMTl' -APRIL REYNOLDS FOR BUILDING BRIDGES CHILD DEVELOPMENT CENTER (CUP-03-004) PAGE 5 OF 9 Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road hnpact Fee Ordinance. 4. 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. 5. 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. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -APRIL REYNOLDS FOR BUILDING BRIDGES CHILD DEVELOPMENT CENTER (CUP-03-004) PAGE 6 OF 9 6. 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. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 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. 8. 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. 9. 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 awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. D. Adopt the Recommendations of the Meridian Fire Department as follows: 1. Provide afire-flow of 2000 GPM per the Uniform Fire Code Appendix III-A to service the prof ect. Fire hydrants shall be placed an average of 400' apart. 1997 UFC Appendix III-A 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. All roads shall have a turning radius of 28' inside and 48' outside. 4. All access roads within the prof ect shall have a clear driving surface with a minimum width of 20' available at all times. UFC 902.2.2.1 ORDER OF CONDTTIONAL APPROVAL OF CONDTTIONAL USE PERMIT -APRIL REYNOLDS FOR BUILDING BRIDGES CHILD DEVELOPMENT CENTER (CUP-03-004) PAGE 7 OF 9 5. A Daycare Center will be required to meet the requirements of the International Building & Uniform Fire Codes. 6. A Daycare Center will be required to pass an inspection based the requirements of the Idaho State Fire Marshal's Office. E. Adopt the Recommendations of Central District Health Department as follows: 1. Plans will be required to be submitted for review for any child care center. 2. Applicant must contact Susan Simmons at CDHD 327-8530. F. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows: 1. The Five Mile Drain courses along the north boundary of the proposed prof ect. The Five Mile Drain is a Federal Drain and any encroachments within the easement without approved plans and a signed license agreement are unacceptable. All storm drainage must be retained on site. G. Adopt the Recommendations of Sanitary Service as follows: No enclosure dimensions are provided for and will need to be. H. Adopt the action of the City Council taken at their May 27, 2003 meeting as follows: The applicant presently is allowed up to 135 students, but shall be allowed to have up to a total of 160 students maximum. If the applicant increases the number of students beyond 135 students, then the applicant shall be required to submit proof to the Planning and Zoning Department that the facility has the additional pazking that would be required for the number of additional students and employees. Additionally, the applicant shall be required to be in compliance with all applicable codes at the time of increase. 2. A parking variance is not needed as the present parking is adequate and meets the present needs of the facility for students and employees. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT - APRII. REYNOLDS FOR BUILDING BRIDGES CHILD DEVELOPMENT CENTER (CUP-03-004) PAGE 8 OF 9 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to the permit. By action of the City Council at its regular meeting held on the ~ r~ day of ~/(./iiti.2.. , 2003. Robert D. C rrie, ~aytlt',G'3ty rq~ Meridian Attest: `'\~O~y O`" rdi -F~jn• G.,~'/ [~ 2"_ o~ r 92 '% ~ FO 2~. v o ~ ~-- _ y ~ G. Berg, Jr., C C erk ~ 9d ~b~r ~~ ,°~' ~q Copy served upon Applicant, the Planning aril"Zoriirig Department, Public Works Department and City Attorney. ~~~~`,`\„t~ ~ rM.FFtr~r~~~ . s By /ui+ti~ Dated: 6-~-~~ ~' ~ City Clerk $~AL T ~yA~~~y~~T 1 u`~ ~ ~~PKO~~\._ Z:\WorkVd\MeridianVvleridian 15360M\Buildmg Bridges Child DevelopmentCen[er CUP-03-004\COPOrdeH'~Oic C~"yr .~, , ~;-.t `~*~~`~ tr,»~~,` ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -APRIL REYNOLDS FOR BUILDING BRIDGES CHILD DEVELOPMENT CENTER (CUP-03-004) PAGE 9 OF 9