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Polaris PreSchool at Fairview Lakes CUP-14-010 AP-14-002CITY OF MERIDIAN E IDIAN�-- FINDINGS OF FACT, CONCLUSIONS OF LAW �— AND IDAHO DECISION & ORDER In the Matter of the Request for Conditional Use Permit for a Daycare/Pre-School Center for up to 140 Children in a C -G Zoning District for Polaris Pre -School, Located at 950 E. Fairview Avenue, by Fairview Lakes, LLC. Case No(s). CUP -14-010; AP -14-002 For the Planning & Zoning Commission Hearing Date of. July 17, 2014 and the City Council Hearing Dates of. October 7, and 21, 2014 (Findings on October 28, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 17, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 17, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 17, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 17, 2014, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -14-010; AP -14-002 -1- 6. That the City has granted an order of approval 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 Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 17, 2014, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § I 1-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for conditional use permit is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of July 17, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11 (UDC 11 -5B -6F). E. Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board 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. F. Attached: Staff Report for the hearing date of July 17, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -14-010; AP -14-002 -2- By action of the City Council at its regular meeting held on the 10-0 — day of (/ (%-1 ? ��- . 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED tA? COUNCIL MEMBER LUKE CAV ENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta y eerd City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. Um Dated: 101'?q h N CrfY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP -14-010; AP -14-002 -3- STAFF REPORT Hearing Date: TO: FROM: SUBJECT: EXHIBIT A July 17, 2014 Planning & Zoning Commission Sonya Watters, Associate City Planner 208-884-5533 CUP -14-010 — Polaris Pre -School at Fairview Lakes I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST E IMAM-, 1DAH0 The applicant, Fairview Lakes, LLC, has applied for a conditional use permit (CUP) for a daycare/pre-school center for up to 140 children at any one time in a C -G zoning district. See Section IXAnalysis for more information. IL SUMMARY RECOMMENDATION Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report. The Meridian Planning and Zoning Commission heard this item on July 17, 2014. At the public hearing, the Commission moved to approve the subiect CUP request in accord with the conditions in the staff report. a. Summary of Commission Public Hearing: L In favor: Doug Tamura ii. In opposition: None W. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters A. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. The access drive aisle into the site via Fairview Avenue and related traffic circulation and parking. c. Key Commission Changes to Staff Recommendation: i. None r• rrrrr rr r' r� r' rr -r irr s'r 'r r � r.r •i'. 11 r rW1911111WITY M17179197111. 1• r "111 rr rrr rr r r R.- Milii I iii ii 1 i1 1 ., 1 iii IMIi ' MIi : i_•r IT - n I IFNI i ►i i Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 1 EXHIBIT A b, Key Issues of Discussion by Council: i. The access drive aisle into the site via Fairview Avenue and related traffic circulation and parking. _c� Key Council Changes to Staff/Commission Recommendation ii. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number CUP -14- 010 as presented in the staff report for the hearing date of July 17, 2014, with the following modifications: (Add any proposed modifications.) I further recommend Staff to prepare Findings of Fact and Conclusions of Law & Order for the hearing date of August 7, 2014. Denial After considering all staff, applicant and public testimony, I move to deny File Number CUP -14-010 as presented during the hearing on July 17, 2014, for the following reasons: (You should state specific reasons for denial and what the applicant could do to gain your approval with another application.) Continuance I move to continue File Number CUP -14-010 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 950 E. Fairview Avenue, in the south''/2 of Section 6, Township 3 North, Range 1 East B. Owner(s): Doug Tamura, Fairview Lakes, LLC 1124 Santa Maria Drive Boise, ID 83712 C. Applicant: Same as owner D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a conditional use permit. A public hearing is required before the Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 30, and July 14, 2014 C. Radius notices mailed to properties within 300 feet on: June 25, 2014 D. Applicant posted notice on site by: July 7, 2014 VI. LAND USE A. Existing Land Use(s) and Zoning: A portion of the subject property is developed with commercial retail and restaurant businesses and is zoned C -G; the portion where the pre-school is proposed is currently vacant. Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 2 EXHIBIT A B. Character of Surrounding Area and Adjacent Land Use and Zoning: There are residential properties to the north and east of the subject property, zoned R-8; and commercial uses to the south and west, zoned C -G. C. History of Previous Actions Applicable to this Site: • AZ -02-011; CUP -02-014; PP -02-034 — Annexation & zoning with a development agreement (Inst. No. 102143306); conditional use permit/planned development; and preliminary plat was approved in 2002. • CUP -03-014 — Modification of CUP -02-014; conceptual approval of commercial site layout adjacent to Fairview Avenue. • FP -03-033 — Final plat approval of subject property (Lot 4, Block 3, Devon Park Subdivision No. 1) • CUP -03-054 —Modification to CUP -03-014 to include anew revised conceptual development plan consistent with plat (FP -03-033). • CUP -06-032 — Modification to CUP -03-054 to include a new revised conceptual development plan for Lots 3 & 4, Block 3, Devon Park Subdivision No. 1. • MCU -08-002 —Modification of CUP -06-032 to amend the site & building layout for the northeast portion of Lot 4, Blk 3, Devon Park Sub. 1 D. Utilities: 1. Public Works: a) Sanitary sewer service to the area is currently being provided via an existing mains in E. Carol Street, and N. Lakes Place. b) Location of water: Domestic water service to the area is currently being provided via existing mains in E. Fairview Avenue, N. Lakes Place, and E. Carol Street. c. Issues or concerns: None E. Physical Features: Canals/Ditches Irrigation: There are no canals or ditches on this site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: This site is not within a flood plain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated Mixed Use - Community (MU -C) on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to allocate areas where community -serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single -use and strip commercial type buildings. Non- residential buildings in these areas have a tendency to be larger than in Mixed Use - Neighborhood (MU -N) areas, but not as large as in Mixed Use — Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU -C plan depicted in Figure 3-3 of the Comprehensive Plan on page 27. The proposed use of the site is a daycare/pre-school center for up to 140 children at any one time. A pre-school is classified in the UDC as a daycare center which is a conditional use in the C -G zoning Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 3 EXHIBIT A district. The proposed daycare/pre-school center will contribute to the mix of uses that already exist in the Fairview Lakes development [e.g. assisted living, commercial (retail, restaurants, banks, offices, etc.), and public/quasi-public (DMV)] as desired in MU -C designated areas Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • "Plan for and encourage services like healthcare, daycare, grocery stores, and recreational areas to be built within walking distance of residential dwellings." (2.01.01 C) There is a residential subdivision that abuts this site to the north and east which is within walking distance of the proposed daycare/pre-school. • "Require all commercial and industrial businesses to install and maintain landscaping." (2.01.0313) Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11 -3B -8C. • "Locate industrial and commercial uses where adequate water supply and water pressure are available for fire protection." (3.04.02A) There is adequate water supply and pressure available in the vicinty for fire protection. • "Plan for a variety of commercial and retail opportunities within the Area of City Impact." (3.05.01J) The proposed daycare/pre-school center will be located near single-family dwellings, restaurants, retail stores, and professional services which will add to the variety of uses in this area. For the above -stated reasons, staff is of the opinion the proposed use is consistent with the applicable comprehensive plan policies and is appropriate in this location. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Unified Development Code (UDC) 11-213-2 lists the permitted, accessory, conditional, and prohibited uses in the C -G zoning district. The proposed daycare/pre-school center is listed as a conditional use in the C -G district. The specific use standards for Daycare Facilities listed in UDC 11-4-3-9 apply to the proposed use. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-213-3 for the C -G zoning district apply to development of this site. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests approval to construct a 7,673 square foot (s.f.) daycare/pre-school center that will serve up to 140 children, less than 5 years of age, at any one time. With the construction of the facility, the applicant plans to construct all of the parking area south of the proposed Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 4 EXHIBIT A building to Fairview Avenue and leave the two pad sites to develop in the future as shown in Exhibit A.2. Retail building 3 shown on the site plan has not yet been constructed. The proposed use is classified as "daycare center" in the UDC which requires conditional use approval in the C -G district. Site/Landscape Plan: A site/landscape plan is included in Exhibit A.2 that shows how the site is proposed to develop. Access: Driveway access to the site exists via E. Fairview Avenue, N. Lakes Avenue and E. Carol Street. No new accesses are proposed. Parking: Based on the overall square footage of the proposed building (approximately 7,673 s.£), a minimum of 16 parking spaces are required to be provided; 18 are provided along the front of the building in compliance with UDC requirements. A total of 75 parking stalls are depicted on the site plan, which will be shared with future businesses. All parking should comply with the standards listed in UDC 11-3C-5. The site plan depicts a row of parking along the west boundary of the site adjacent to the drive aisle leading into the site from Fairview Avenue. Staff recommends the design of the parking in this area is revised to mirror that on the west wide of the drive aisle so that parked vehicles aren't backing out into the main access drive aisle. Staff recommends a planter island with a sidewalk is constructed along the drive aisle for safe pedestrian access to and from the site via Fairview Avenue. Bicycle parking is required to be provided on the site in accord with the standards listed in UDC 11 -3C -5C and 11 -3C -6G. The site plan depicts a bicycle rack in front of the building in accord with this requirement. Landscaping: There is an existing 25 -foot wide landscaped street buffer along E. Fairview Avenue that was installed with the subdivision; no additional street buffers are required. A 25 -foot wide buffer along the portion of the east property boundary that abuts residential uses/zoning is required to be landscaped in accord with the standards listed in UDC 11 -3B -9C. The remainder of the landscape buffer along the east boundary that abuts C -G zoned property is required to be a minimum of 5 -feet in width adjacent to vehicular use areas. Where parking abuts the buffer, the buffer shall be widened to 7 feet to allow for vehicle overhang; or, if a 5 -foot wide buffer is preferred, wheel stops may be provided in each stall to prevent overhang. Landscaping is required within the perimeter buffer in accord with the standards listed in UDC 11 -3B -8C.1. Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11- 3B -8C. A planter island is required to be provided within the row of parking in front of the building and at the ends of all rows of parking per UDC 11 -3B -8C.2, in accord with the standards listed in UDC 11-313-8C.2. Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC 11-4-3-9, Daycare Facility. A. General standards for all child daycare and adult care uses, including the classifications of daycare center; daycare, family; and daycare, group: 1. In determining the type of daycare facility, the total number of children at the facility at one time, including the operator's children, is the determining factor. The applicant is proposing to care for up to 140 children at any one time and therefore is classified as a daycare center. Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 5 EXHIBIT A 2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. The site plan depicts 18 parking stalls along the front of the building with a loading area to ensure safe discharge and pick up of clients; additional parking spaces are provided to the south. 3. The decision making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. See Conditions of Approval in Exhibit A 4. Upon tentative approval of the application by the director or commission for a daycare center facility, the applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by title 39, chapter 11, Idaho Code. Said proof shall be provided prior to issuance of occupancy. The applicant or owner shall comply with all state of Idaho and department of health and welfare requirements for daycare facilities. The applicant is required to comply with this standard. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. This standard may be modified through approval of a conditional use permit. The applicant proposes hours of operation between 6:30 am — 6: 30 pm Monday thru Friday and is not requesting extended hours. See Conditions of Approval in Exhibit B. 6. The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title, whichever is more restrictive. The applicant is required to comply with this standard. See Conditions of Approval in Exhibit B. B. Additional standards for daycare facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six foot (6) non -scalable fences to secure against exit/entry by small children and to screen abutting properties. Fencing is required around the outdoor play areas per the above standard; the plans submitted with the Certificate of Zoning Compliance application shall include fencing in compliance with this requirement. Hours of Operation: The proposed hours of operation are from 6:30 am to 6:30 pm Monday thru Friday. UDC 11-213-3A.4 restricts hours of operation in the C -G zoning district from 6:00 am to 11:00 pm when the property abuts a residential use or district. Extended hours may be requested with a conditional use permit. Because the applicant is not proposing to operate the daycare center out of the restricted hours, an extension is not necessary with this conditional use permit application. Building Elevations: Building elevations have been submitted for the future structure as shown in Exhibit A.3. Building materials consist of fibered cement plaster with stucco and asphalt shingles. Design of the structure is required to comply with the standards listed in UDC 11-3A- 19 and the guidelines in the Meridian Design Manual. Certificate of Zoning Compliance (CZC): The applicant is required to obtain approval of a CZC application for the proposed use from the Planning Division prior to issuance of building permits. Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 6 EXHIBIT A Design Review: The applicant is required to obtain approval of a Design Review application for the proposed site design and structure from the Planning Division prior to issuance of building permits for this site. This application may be submitted concurrently with the CZC application. Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity & Aerial Map 2. Site/Landscape Plan (meted: 6/174) - REVISED 3. Building Elevations (dated: 6/17/14) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 7 Exhibit A.l: Vicinity & Aerial Map 2082 3601 400 j" 1 F 112 519 EXHIBIT A 621 1853 1 865 1905 1921 19571 989 1101 0107111OR51 \ 1 % 1147 "" "" "� ' •' of 1 1384 1426 966 1975 1970 ~.�•. 1960 -- ______._ __.._..____—_ 1943 1972 1946 ............ .. _____` 1925 1915 981 0 0 e ► 1926 // 1950 1910 1903 ' ' 1930 1902 ' 1 16 1883 1902 1915 1915 1875 1901 1920 1883 � 1684 1891 66 1877 1880 1900 1905 1935 1855 I1862 1866 1858 1673 1862 1841 1883 1895 1860 1840 1645 1970 1875 1675 1843 1812 1655 1 1 1825 1609 1°40 t°� 951 1020 1°� 7° I 1872 1830 IM 1820.. =1_ 1612 1830 1635 1835 1x11 1ns3 910 980 17°5 1792 x; 833 0 983 10311774 1404 1799 1751 1758 1795 1370 1490 1805 1762 7432 7560 � 45 1716 � 1769 1721 1722 -1 r� 1685 1666 1385 1445 1445 1510 �r 1675 1570 1130 1240 1130 50 704 850 900 960 1621 1450 1510 1570 [Firrvia�vAv� r ----.,.,.-,..,---------- 10351139 1751/235 I 7351 1065 813 635 1151 715 1595 1596 1580 1375 _ i 839 1578 1515 1005 1579 r 651 1167 1556 1557 1524 �'-- 405 1475 611 N79"4 15411535 1513 1 1522 QQ +tne 4' 1484 Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 8 EXHIBIT A Exhibit A.2: Site/Landscape Plan (date': 6/17/ - REVISED Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 9 EXHIBIT A Exhibit A.3: Building Elevations (dated: 6/17/14) ------------- © 0 � 2 ,z r.A,,mremd 4B r KEWAM roman IN x wivw�saip�vKMK a MW MMM{ IMY M �� MIA rR XA�Mw KM Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 10 ------------------------------------ 4B r KEWAM roman IN x wivw�saip�vKMK a MW MMM{ IMY M �� MIA rR XA�Mw KM Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 10 EXHIBIT A B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The applicant shall comply with the specific use standards listed in UDC 11-4-3-9 for Daycare Facilities. 1.2 The total number of children cared for at any one time shall not exceed 140 children. 1.3 The hours of operation for the proposed daycare center are limited from 6:30 am to 6:30 pm Monday thru Friday. 1.4 The site/landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: a. The 25 -foot wide buffer along the portion of the east property boundary that abuts residential uses/zoning is required to be landscaped in accord with the standards listed in UDC 11-313-9C. b. The landscape buffer along the east boundary that abuts C -G zoned property is required to be a minimum of 5 -feet in width adjacent to vehicular use areas. Where parking abuts the buffer, the buffer shall be widened to 7 feet to allow for vehicle overhang; or, if a 5 -foot wide buffer is preferred, wheel stops may be provided to prevent overhang. Landscaping is required within the perimeter buffer in accord with the standards listed in UDC 11 -3B -8C.1. c. A planter island is required to be provided within the row of parking in front of the building and at the ends of all rows of parking per UDC 11 -3B -8C.2, in accord with the standards listed in UDC 11 -3B -8C.2. d. E. Fain,iew Avenue to RiifFer- that en the west wide of the df:ive aisle so tha4 parked vehieles afen' baeking out into the main aeeess dfive aisle. Melude a planter- island with a sidewalk aleng the east side of the main drive aisle fef safe pedestrian aeoess to and ffem the site via Fain'ie Parking stalls within the two rows of parkinE that abut the north/south pedestrian walkway shall have wheel restraints to prevent vehicle overhang into the walkway. e. Bicycle parking is required to be provided on the site in accord with the standards listed in UDC 11 -3C -5C and 11 -3C -6G. 1.5 The applicant is required to obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division prior to issuance of building permits. The site and building design shall comply with the site plan and elevations shown in Exhibit A, UDC 11-3A- 19, and the guidelines in the Meridian Design Manual. 1.6 The applicant shall comply with all previous conditions of approval associated with this site. 1.7 The Applicant shall have a maximum of two (2) years to commence the use as permitted in accord with the conditions of approval listed above. If the use has not begun within two (2) years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 11 -5B -6F. 1.8 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.9 The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 11 EXHIBIT A 2. PUBLIC WORKS DEPARTMENT 2.1 The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications 2.2 The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 2.4 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to development plan approval. 2.5 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.6 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.7 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District prior to applying for building permits. 2.8 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.9 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.10 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.12 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.13 All grading of the site shall be performed in conformance with MCC 11-12-3H. Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 12 EXHIBIT A 2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.15 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.16 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.17 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.18 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. FIRE DEPARTMENT 3.1 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 ACHD has no comments on this application. 7. PARKS DEPARTMENT 7.1 The Parks Department did not submit comments on this application. Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 13 EXHIBIT A C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-513-6E) The Commission shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the subject property is large enough to accommodate the proposed use and the dimensional & development regulations of the C -G district (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of Commercial for this site. 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. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use should be compatible with other residential and commercial uses in the general neighborhood and should not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 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, and sewer. The City Council finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently provided to the subject property. The City Council finds that the proposed use will be served adequately by all of the public facilities and services listed above. E That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any improvements required for development. The City Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 14 EXHIBIT A 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. The City Council finds the proposed use will not be detrimental to any persons, property or the general welfare of the area. h. 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. The City Council finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, the City Council finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Polaris Pre -School at Fairview Lakes CUP -14-010 PAGE 8