HomeMy WebLinkAboutNew Horizon Child CareCUP03-019BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 05/27/03
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A CHILD CARE
FACILITY IN AN C-C ZONE FOR
NEW HORIZON CHILD CARE,
LOCATED AT 1830 NORTH
MERIDIAN ROAD, MERIDIAN,
IDAHO
Case No. CUP-03-019
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
NEW HORIZON CHILD CARE,
APPLICANT
The above entitled conditional use permit application having come before the City
Council on May 27, 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 Deparhnent, and Renee
Cole, 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 heazd 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
1. A notice of a public hearing on the conditional use permit was published for two
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 1 OF 15
(2) consecutive weeks prior to the said public hearing scheduled for May 27, 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 27, 2003, public hearing; and the applicant, affected property
owners, and government subdivisions providing services within the planning jurisdiction of the
City of Meridian, having been given full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 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 C-C zone and by reason of the
provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located at 1830 North Meridian Road, Meridian, Idaho.
The owner of record of the subject property is Trudy Comba, 3962 Aloai'i Drive,
Princeville, Hawaii.
6. Applicant is New Horizon Child Care, 5551 Bloom Street, Boise, Idaho 83703.
7. The subject property is currently zoned C-C (Community Business District). The
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDTTIONAL USE PERMIT
PAGE 2 OF 15
zoning district of C-C 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 Planned
Development for two buildings on one lot for a child care facility in a C-C zone. The C-C
zoning designation within the City of Meridian Zoning and Development Ordinance requires a
Conditional Use Permit be obtained for most uses including those requested by the applicant.
(Meridian City Zoning and Development Ordinance, Section 11-8-1).
9. The proposed application is in compliance with the Meridian Comprehensive
Plan, which designates the subject property as "Commercial".
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
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:
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 3 OF 15
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as
modified by the Commission) as follows:
CONDITIONS OF APPROVAL
1. Sanitary sewer and water service shall be from existing service lines on the property.
Existing assessments shall be reviewed to determine whether additional assessments will be
due with the new construction.
2. 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 pazking lot lighting shall be in accordance with
Ordinance 11-13-4C.
3. All new signage shall be in accordance with the standards set forth in Section 11-14
of the City Zoning and Development Ordinance. All signage is subj ect to design review and
shall require separate permits.
4. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
5. A ten percent (10%) reduction in required parking spaces, equaling a 4 space
reduction is approved as requested.
6. Applicant has paid the additional fees of $355.75 required for approval as a Planned
Development. (Fees were originally calculated as $340.00 for a CUP and not $695.75 as
required for a Planned Development of this size.)
7. The submitted landscaping/site plan will be approved pursuant to the following
corrections:
• All trees shall be a minimum of two inches (2") in caliper.
• The concrete sidewalk and the fencing that encroaches into the required twenty-five foot
(25') wide landscape buffer on the west side of the proposed building shall be replaced with
landscaping as required by the Landscape Ordinance (MCC 12-13). The west facing door for
emergency egress is approved with a concrete pad outside the door but without a sidewallc
from the pad to the parking lot.
Ten copies of the revised site plan have been submitted to the City Clerk's office for this
project.
All pazking shall be striped and improved in accordance with the Meridian City Code.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 4 OF 15
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. 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 torn 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.
10. Certificate of Occupancy: All required improvements must be complete prior to
obtaining a Certificate of Occupancy for the proposed development. A temporary Certi ficate
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.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. The facility will have to have to meet the State Fire Marshal's standards for family day
care facility. The Meridian Fire Department will conduct an inspection using this
standard.
2. Address posted in 6" numbers on the front of the building.
3. Provide afire-flow consistent with Appendix III-A of the 1997 Uniform Fire Code.
4. Applicant has provided a turnaround at the rear of the property. It appears that the
revised site plan provided for a turnaround, however, the paved area on the northeast
comer of the project has an unspecified use. If this is the turnaround, then it will be
required to be signed as such.
C. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows:
All storm drainage must be retained on site. All laterals and wasteways must be
protected. The developer must comply with Idaho Code 31-3805.
2. A Land Use Change/Site application must be filed with the Irrigation District.
The Lateral, which courses along the south boundary, belongs to Settlers Irrigation.
District.
D. Adopt the Recommendations of Settlers Irrigation District as follows:
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 5 OF 15
1. That all imgation/drainage facilities along with their easements be protected. The
Settlers Canal courses along the east and north boundary of the property.
2. A license agreement will need to be signed and recorded prior to construction of
the tiling of the Settlers Canal.
3. Any changes to the existing irrigation system such as relocation, tiling, and
landscaping must be approved by Settlers Irrigation District.
4. All storm drainage must be retained on site.
E. Adopt the Recommendations of Sanitary Service as follows:
The trash enclosures accommodated for on the revised Site/Landscape Plan shall be
approved by Sanitary Service.
F. Adopt the action of the City Council taken at their May 27, 2003 meeting as follows:
The revised Site/Landscape Plan dated 05/13/03 is approved.
13. It is found that the subject property is large enough to accommodate the required
open spaces, parking, landscaping and other features required by ordinance. The applicant has
requested a 10% reduction in parking as allowed by the Landscape Ordinance and this is not
obj ected to. Furthermore, the applicant is requesting a reduction in the amount of trees required
for the mitigation of several large trees being removed from the site, and this is not objected to
either. The project is a planned development and is therefore subject to the City's requirements
that the development provide two (2) amenities for use by those who will utilize the
development. The applicant has provided open space in excess of 10% of the gross area of the
lot and a play area for the children to satisfy this requirement. It is found that these amenities are
appropriate to the size and uses of the proposed development, per MCC 12-6-2 e.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 6 OF 15
14. The current Comprehensive Plan Land Use Map designates the property as
"Commercial" and is currently zoned "C-C". It is found that the requested use is in compliance
with the approved Future Lane Use Map and that it approved as a CUP the project will be in
compliance with the MCC.
15. It is found that the proposed development will not adversely change the existing
or intended character of the general vicinity.
16. It is not anticipated that the proposed use will adversely affect adjacent properties.
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 daycare 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 no excessive traffic, smoke, fumes, glare or odors will result from
the proposed use. It is found that the proposed use would not create significant interference with
any traffic on the surrounding public streets.
20. 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.
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
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 7 OF 15
Chapter 65, Title 67, Idaho Code (I.C. §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.
3. As part of a zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use 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 maybe 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 character 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;
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 8 OF 15
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfare of the community;
g. That the proposed use will not involve activities or processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
h. That the proposed use will have vehicular approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
i. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
5. Prior to granting a conditional use permit in the Community Business District (C-
C), a public hearing shall be conducted with notice to be published and provided to property
owners or purchasers of record within three hundred feet (300') of the external boundaries of the
land under consideration for the conditional use permit all in accordance with the provisions of
Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which
provides as follows:
"Prior to approving a Conditional Use Permit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearing
which shall be held before the Planning and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a public hearing and the Council may approve, deny, or modify the
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
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 9 OF 15
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code §
11-17-6)
7. When the City Council approves a conditional use permit it may impose
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area 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
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 10 OF 15
Order that:
That the above named applicant is granted a conditional use permit for two
buildings on one lot for a child care facility in a C-C zone, located at 1830 North Meridian Road,
Meridian, Idaho, subject to the following conditions of use and development, subject to the
following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as
modified by the Commission) as follows:
CONDITIONS OF APPROVAL
1. Sanitary sewer and water service shall be from existing service lines on the property.
Existing assessments shall be reviewed to determine whether additional assessments will be
due with the new construction.
2. 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.
3. All new signage shall be in accordance with the standards set forth in Section 11-14
of the City Zoning and Development Ordinance. All sighage is subject to design review and
shall require separate permits.
4. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
5. A ten percent (10%) reduction in required parking spaces, equaling a 4 space
reduction is approved as requested.
6. Applicant has paid the additional fees of $355.75 required for approval as a Planned
Development. (Fees were originally calculated as $340.00 for a CUP and not $695.75 as
required for a Planned Development of this size.)
7. The submitted landscaping/site plan will be approved pursuant to the following
corrections:
• All trees shall be a minimum of two inches (2") in caliper.
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 11 OF 15
• The concrete sidewalk and the fencing that encroaches into the required twenty-five foot
(25') wide landscape buffer on the west side of the proposed building shall be replaced with
landscaping as required by the Landscape Ordinance (MCC 12-13). The west facing door for
emergency egress is approved with a concrete pad outside the door but without a sidewalk
from the pad to the parking lot.
Ten copies of the revised site plan have been submitted to the City Clerk's office for this
project.
8. All parking shall be striped and improved in accordance with the Meridian City Code.
9. A drainage plan designed by a State ofIdaho 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 nvironmental Q uality 1997 p ublication C atalog o f S torm Water Best Management
Practices for Idaho Cities and Counties and City of Meridian standazds 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.
10. 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.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. The facility will have to have to meet the State Fire Marshal's standards for family day
care facility. The Meridian Fire Department will conduct an inspection using this standard.
2. Address posted in 6" numbers on the front of the building.
3. Provide afire-flow consistent with Appendix III-A of the 1997 Uniform Fire Code.
4. Applicant has provided a tumaround at the rear of the property. It appears that the
revised site plan provided for a turnaround, however, the paved area on the northeast corner
of the project has an unspecified use. If this is the turnazound, then it will be required to be
signed as such.
C. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows:
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDI7TONAL USE PERMIT
PAGE 12 OF 15
1. Al] storm drainage must be retained on site. All laterals and wasteways must be
protected. The developer must comply with Idaho Code 31-3805.
2. A Land Use Change/Site application must be filed with the Irrigation District.
3. The Lateral, which courses along the south boundary, belongs to Settlers Irrigation
District.
D. Adopt the Recommendations of Settlers Irrigation District as follows:
1. That all irrigation/drainage facilities along with their easements be protected. The
Settlers Canal courses along the east and north boundary of the property.
2. A license agreement will need to be signed and recorded prior to construction of
the tiling of the Settlers Canal.
3. Any changes to the existing irrigation system such as relocation, tiling, and
landscaping must be approved by Settlers Irrigation District.
4. All storm drainage must be retained on site.
E. Adopt the Recommendations of Sanitary Service as follows:
1. The trash enclosures accommodated for on the revised Site/Landscape Plan shall be
approved by Sanitary Service.
F. Adopt the action of the City Council taken at their May 27, 2003 meeting as follows:
The revised Site/Landscape Plan dated 05/13/03 is approved.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 13 OF 15
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 maybe adversely affected by the issuance or denial of the conditional use permit
approval may within twenty-eight (28) days after the date of this decision and order seek a
judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the lD ~~'" day of
~~ - - , 2003.
ROLL CALL:
COUNCILMAN KEITH BIRD
COUNCILWOMAN TAMMY deWEERD
COUNCILWOMAN CHERIE Mc LANDLESS
COUNCILMAN WILLIAM L.M. NARY
VOTED
VOTED ~
VOTED~~
VOTED__~T_
MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
DATED: 6 -to-r~3
MOTION:
APPROVED: DISAPPROVED:
Mayor Robert D. Corrie
FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERNIIT
PAGE 14 OF 15
Attest:
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William G. Berg, Jr.,/Cit'y'
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FINDINGS OF FACT AND CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING
CONDITIONAL USE PERMIT
PAGE 15 OF 15
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BEFORE THE MERIDIAN CITY COUNCIL
C!C OS-27-03
IN THE MATTER OF THE APPLICATION OF
NEW HORIZON CHILD CARE FOR A
CONDITIONAL U5E PERMIT FOR A CHILD CARE
FACILITY IN AN C-C ZONE FOR NEW HORIZON
CHILD CARE, LOCATED AT 1830 NORTH
MERIDIAN ROAD, MERIDIAN, IDAHO
CASE NO. CUP-03-019
ORDER OF
CONDITIONAL
APPROVAL OF
CONDITIONAL USE
PERMIT
This matter coming before the City Council on May 27, 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, NEW HORIZON CHILD CARE, is granted a conditional use permit
for a Planned Development for two buildings on one lot for a child care facility in a C-C
zonelocated at 1830 North Meridian Road, Meridian, Idaho. The requested conditional use is
described in the legal and vicinity map which aze 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 Planned
Development for two buildings on one lot for a child care facility in a C-C located at 1830 North
Meridian Road, Meridian, Idaho, subject to the following conditions of use and development:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff (as
modified by the Commission) as follows:
CONDITIONS OF APPROVAL
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -NEW HORIZON CHILD CARE
FOR NEW HORIZON CHILD CARE - (CUP-03-019)
PAGE 1 OF 5
1. Sanitary sewer and water service shall be from existing service lines on the property.
Existing assessments shall be reviewed to determine whether additional assessments will be
due with the new construction.
2. 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.
3. All new 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.
4. All construction and site improvements shall conform to the requirements of the
Americans with Disabilities Act.
5. A ten percent (10%) reduction in required parking spaces, equaling a 4 space
reduction is approved as requested.
6. Applicant has paid the additional fees of $355.75 required for approval as a Planned
Development. (Fees were originally calculated as $340.00 for a CUP and not $695.75 as
required for a Planned Development of this size.)
7. The submitted landscaping/site plan will be approved pursuant to the following
corrections:
• All trees shall be a minimum of two inches (2") in caliper.
• The concrete sidewalk and the fencing that encroaches into the required twenty-five foot
(25') wide landscape buffer on the west side ofthe proposed building shall be replaced with
landscaping as required by the Landscape Ordinance (MCC 12-13). The west facing door for
emergency egress is approved with a concrete pad outside the door but without a sidewalk
from the pad to the parking lot.
Ten copies of the revised site plan have been submitted to the City Clerk's office for this
project.
8. All parking shall be striped and improved in accordance with the Meridian City Code.
9. A drainage plan designed by a State of Idaho licensed architect or engineer is required
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -NEW HORIZON CHILD CARE
FOR NEW HORIZON CHILD CARE - (CUP-03-019)
PAGE 2 OF 5
and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking
areas. Stotm water treatment and disposal must be designed in accordance with Department
of E nvironrnental Q uality 1 997 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.
10. 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 o f 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.
B. Adopt the Recommendations of the Meridian Fire Department as follows:
1. The facility will have to have to meet the State Fire Marshal's standards for family day
care facility. The Meridian Fire Department will conduct an inspection using this
standard.
2. Address posted in 6" numbers on the front of the building.
Provide afire-flow consistent with Appendix III-A of the 1997 Uniform Fire Code.
4. Applicant has provided a turnaround at the rear of the property. It appears that the
revised site plan provided for a turnaround, however, the paved area on the northeast
corner of the project has an unspecified use. If this is the turnarowid, then it wi I I he
required to be signed as such.
C. Adopt the Recommendations of Nampa & Meridian Irrigation District as follows:
All stone drainage must be retained on site. All laterals and wasteways must be
protected. The developer must comply with Idaho Code 31-3805.
2. A Land Use Change/Site application must be filed with the hrigation District.
3. The Lateral, which courses along the south boundary, belongs to Settlers Irrigation
District.
ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -.NEW HORIZON CHILD CARE
FOR NEW HORIZON CHILD CARE - (CUP-03-019)
PAGE 3 OF 5
D. Adopt the Recommendations of Settlers Irrigation District as follows:
1. That all irrigation drainage facilities along with their easements be protected. The
Settlers Canal courses along the east and north boundary of the property.
2. A license agreement will need to be signed and recorded prior to construction of
the tiling of the Settlers Canal.
3. Any changes to the existing irrigation system such as relocation, tiling, and
landscaping must be approved by Settlers Irrigation District.
4. All storm drainage must be retained on site.
E. Adopt the Recommendations of Sanitary Service as follows:
The trash enclosures accommodated for on the revised Site/Landscape Plan shall be
approved by Sanitary Service.
F. Adopt the action of the City Council taken at their May 27, 2003 meeting as follows:
The revised Site/Landscape Plan dated 05/13/03 is approved.
3. The above conditions aze 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 t/o the permit.
By action of the City Council at its regulaz meeting held on the ~ day of ~/~/~'~ ,
2003.
R~o\b~~, ,p,.,~orrie, o
~}tq~ ~OE}~pVf 4VI,~ridian
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Attest• ~ '.
(J' ~pPPOR,q r~ ~L
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William G. Berg, Jr., Ci Clerk -_ SEAL
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ORDER OF CONDITIONAL APPROVA~y ~ car tst ~ 1 P•rO~
CONDITIONAL USE PERMIT -NEW Hd~z~x.~~~E
FOR NEW HORIZON CHILD CARE - (CUP-0~'-Od~9~) ~~~~~"~
PAGE 4 OF 5
Copy served upon Applicant, the Planning and Zoning Department, Public WP~~~~Ae~3artment
and City Attorney. ,`~~~`~y OF MER~O~~°%'~.
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2-03 .
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ORDER OF CONDITIONAL APPROVAL OF
CONDITIONAL USE PERMIT -NEW HORIZON CHILD CARE
FOR NEW HORIZON CHILD CARE - (CUP-03-019)
PAGE 5 OF 5