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Raisin' Angels CUP (H-2017-0072)CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0072 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Conditional Use Permit for a Daycare Center for up to 135 Children in a C-G (General Retail and Service Commercial) Zoning District on 0.76 of an Acre of Land Located at 143 W. Archerfield Street, by Amanda Bidwell, Neudesign Architecture, LLC. Case No(s). H-2017-0072 For the Planning & Zoning Commission Hearing Date of: June 22, 2017 (Findings on July 6, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 22, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 22, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 22, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 22, 2017, 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 Planning & Zoning Commission 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. 6. That the City has granted an order of approval in accordance with this decision, which shall be signed by the Chairman of the Commission 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0072 Page 2 7. That this approval is subject to the conditions of approval in the attached staff report for the hearing date of June 22, 2017, 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 Planning & Zoning Commission’s authority as provided in Meridian City Code § 11- 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 a conditional use permit is hereby approved in accord with the conditions of approval in the staff report for the hearing date of June 22, 2017, 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 in accord with UDC 11-5B-6F.1. 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 in accord with UDC 11-5B-6F.2. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.F.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 Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional use permit 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 June 22, 2017 By act on of the Planning &Zoning Commission at its regular meeting held on the 2017. COMMISSIONER RHONDA MCCARVEL, CHAIRMAN COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN COMMISSIONER STEVEN YEARSLEY COMMISSIONER GREGORY WILSON COMMISSIONER TREG BERNT COMMISSIONER WILLIAM CASSINELLI COMMISSIONER JESSICA PERREAULT oPQ80,3ED AU�`ST� (. IDIAN� IDAHO Attest: � SEAL /A'-A�Fro e C.J6 Cole City Clerk day of VOTED Copy served upon the Applicant, the Planning and Development Services divisions of the Community Development Department, the Public Works Department and the City Attorney. By: Ml/ Dated: b l City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0072 Page 3 VOTED l VOTED VOTED VOTED r VOTED VOTED Copy served upon the Applicant, the Planning and Development Services divisions of the Community Development Department, the Public Works Department and the City Attorney. By: Ml/ Dated: b l City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2017-0072 Page 3 EXHIBIT A Raisin’ Angels Daycare – CUP H-2017-0072 STAFF REPORT Hearing Date: June 22, 2017 TO: Planning & Zoning Commission FROM: Sonya Allen, Associate City Planner 208-884-5533 SUBJECT: Raisin’ Angels Daycare – H-2017-0072 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Neudesign Architecture, LLC, has applied for a conditional use permit (CUP) for a daycare center for up to 135 children in a C-G zoning district on 0.76 of an acre property. See Section IX Analysis for more information. II. 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 [date]. At the public hearing, the Commission moved to approve the subject [app] request. a. Summary of Commission Public Hearing: i. In favor: Amanda Bidwell, Neudesign Architecture (Applicant) ii. In opposition: None iii. Commenting: None iv. Written testimony: Amanda Bidwell, Applicant (in agreement with staff report) v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issues of Discussion by Commission: i. None c. Key Commission Changes to Staff Recommendation: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0072 as presented in the staff report for the hearing date of June 22, 2017, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2017-0072 as presented during the hearing on June 22, 2017, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0072 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) EXHIBIT A Raisin’ Angels Daycare – CUP H-2017-0072 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: 143 W. Archerfield Street, in the NW ¼ of Section 9, Township 3N., Range 1E. (Parcel: R6905490090) B. Applicant(s): Amanda Bidwell, Neudesign Architecture, LLC 725 E. 2nd Street Meridian, ID 83642 C. Owner(s): Mark Harila, BSC Development, LLC PO Box 140629 Garden City, ID 83713 D. Representative: Same as applicant E. 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 2, 2017 C. Radius notices mailed to properties within 300 feet on: May 25, 2017 D. Applicant posted notice on site by: June 13, 2017 VI. LAND USE A. Existing Land Use(s) and Zoning: The property consists of vacant/undeveloped land, zoned C-G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by vacant/undeveloped land, zoned C-G to the east, west and south; a multi-family development is in the development process to the north across W. Archerfield St., zoned R-40. C. History of Previous Actions:  In 2003, the following applications were approved for the larger Paramount Subdivision, which included the subject property:  Annexation and zoning (AZ-03-006) of 397.11 acres of land with R-8, R-40, L-O and C-G zones. A development agreement (DA) was required as a provision of annexation, recorded as Instrument No. 103137116;  Preliminary plat (PP-03-004) consisting of 764 building lots on 397.11 acres of land;  Conditional use permit/planned development (CUP-03-008) which requires a detailed CUP application to be submitted and approved prior to any development occurring in the multi-family portion of the Paramount development. EXHIBIT A Raisin’ Angels Daycare – CUP H-2017-0072  In 2007, a modification to the DA (MI-07-007, Paramount Commercial Southwest) was approved and recorded as Instrument No. 107145935;  In 2008, a modification to the DA (MDA-08-001) was approved and recorded as Instrument No. 108108427; and,  In 2013, a modification to the DA (MDA-13-005) was approved and recorded as Instrument No. 113083665.  In 2015, a new preliminary plat (PP-15-002) was approved which included the subject property. A final plat (FP-15-020) was later recorded in 2016 for Paramount Square Subdivision. D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer service will be provided via an existing service line on the east side of the parcel. b. Location of water: Domestic water service will be provided via an existing service line at the southeast corner of the parcel. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: None 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within the floodplain or floodway. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Commercial. The purpose of the Commercial designation is to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. 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.” (2.01.01C) The proposed daycare center is within a large residential subdivision, Paramount Subdivision. This use will be within walking distance of a large number of residences and provide a much needed service to residents in the northern part of the City. For the above-stated reason, 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: Per UDC 11-2B-1, 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. Large-scale and a broad mix of retail, office, service and light industrial uses are allowed in the C-G zoning district in close proximity and/or access to interstate or arterial intersections. EXHIBIT A Raisin’ Angels Daycare – CUP H-2017-0072 B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-3 lists the permitted, accessory, conditional, and prohibited uses in the C-G zoning district. The proposed daycare center requires conditional use approval in the C-G zoning district and is subject to the specific use standards listed in UDC 11-4-3-9, Daycare Facility. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district apply to this site. D. Off-Street Parking: Per UDC 11-3C-6B, the applicant is required to provide a minimum of one off-street vehicle parking space for every 500 square feet of gross floor area. On-site vehicle pick- up, parking and turnaround areas are required to be provided to ensure safe discharge and pick up of clients. One bicycle parking space is required for every 25 proposed vehicle parking spaces in accord with the standards listed in UDC 11-3C-5C. E. Structure and Site Design Standards: Development of this site must comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Architectural Standards Manual (ASM). IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Conditional Use Permit: The applicant requests a conditional use permit to operate a daycare center for up to 135 children in a 6,133 square foot facility in a C-G zoning district on 0.76 of an acre of land as required by UDC Table 11-2B-2. The facility will provide care for infants up to school age children. The days of operation are Monday through Friday; no hours of operation are proposed in the application. 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 proposes to care for up to 135 children at any one time and therefore is classified as a daycare center. 2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. The site has a drop-off area in front of the building where cars can pull out of the main drive-aisle and park to load and unload children. 3. The decision making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. A maximum number of 135 children are proposed to be cared for at one time, which includes any children of the operator’s. The facility will be open 6:00 am – 7:00 pm Monday through Friday. The specific use standards allow the facility to operate between the hours of 6:00 am to 11:00 pm, unless otherwise restricted by the Commission. EXHIBIT A Raisin’ Angels Daycare – CUP H-2017-0072 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 the issuance of a Certificate of Zoning Compliance. The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. The applicant should submit documentation demonstrating compliance with this requirement with the Certificate of Zoning Compliance application. 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. There in not currently residential uses adjacent to this property; however, a multi- family residential development is in the development process across the street to the north. Therefore, staff recommends the facility is restricted to the hours between 6:00 am and 11:00 pm. 6. Prior to submittal of an application for an accessory daycare facility in a residential district, the applicant or owner shall hold a neighborhood meeting in accord with subsection 11-5A-6C of this title. Notice of the neighborhood meeting shall be provided to all property owners of record within one hundred feet (100') of the exterior boundary of the subject property. This standard is not applicable to this application. 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 shall not provide care for more than 135 children, including any of the applicant’s own children, at any one time. 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. The play area in the rear yard is proposed to be enclosed with a six-foot tall privacy fence; the fence should be a non-saleable material to secure against exit/entry by small children. Access: Access is proposed via W. Archerfield Street, a local street. A cross-access easement exists along the east boundary of the site as depicted on the plat for Paramount Square Subdivision. A shared access is proposed via Archerfield. Staff recommends the applicant provide a cross-access easement to the property to the west (Lot 4, Block 2) for access via Archerfield so that their access isn’t located on a curve. A copy of the recorded easement should be submitted with the Certificate of Zoning Compliance application for this site. Parking: Off-street parking is required to be provided as set forth in UDC 11-3C-6B.1. A minimum of one space is required for every 500 square feet of gross floor area. Based on 6,133 s.f., a minimum of 12 spaces are required; a total of 25 striped spaces are proposed on the site plan. Additionally, a drop-off/pick-up area is proposed in front of the facility which can accommodate up to 6 more vehicles. Bicycle parking is required at one space for every 25 vehicle spaces; based on the proposed EXHIBIT A Raisin’ Angels Daycare – CUP H-2017-0072 number of spaces, a minimum of 2 bicycle parking spaces are required to be provided. A detail of the bicycle rack should be submitted with the Certificate of Zoning Compliance that complies with the standards listed in UDC 11-3C-5C. Drive-aisles: A one-way drive aisle is proposed through this site from the southeast corner to the northwest corner onto W. Archerfield Street. Signage should be installed at the entries to alert drivers to the one-way traffic pattern within the site. Landscaping: A 10-foot wide street buffer is required along W. Archerfield St., a local street, landscaped in accord with the standards listed in UDC 11-3B-7C. Perimeter landscaping is required as set forth in UDC 11-3B-8C adjacent to parking, loading, or other paved vehicular use areas. A minimum of 1 tree should be provided in the landscape buffer along the southeast portion of the site. Sidewalk: A minimum 5-foot wide pathway is required along W. Archerfield Street as set forth in UDC 11-3A-17 as proposed. A minimum 5-foot wide pedestrian walkway is required from the perimeter sidewalk along W. Archerfield St. to the main building entrance; the pathway should be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete or bricks in accord with UDC 11-3A-19B.4. Trash Enclosure: A trash enclosure is proposed at the southeast corner of the rear yard. The enclosure is required to be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets, per UDC 11-3A-12B. A detail of the trash enclosure that complies with these requirements should be submitted with the Certificate of Zoning Compliance application. A receptacle for recycling should also be provided. Building Elevations: Conceptual elevations were submitted for the proposed building (see Exhibit A.3). Building materials consist of tan and brown stucco, stone veneer, wood trim accents and architectural asphalt shingles. The elevations submitted with the Design Review application shall comply with the design standards listed in the Architectural Standards Manual. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted to the Planning Division for staff level review and approval of the proposed use, structure and site design as set forth in UDC 11-5B-1B after the conditional use permit is approved by the Commission to ensure the applicant complies with the aforementioned specific use standards and conditions of approval in this report. Design Review: An administrative design review application is required to be submitted to the Planning Division for staff level review of the structure and site design concurrent with the Certificate of Zoning Compliance approval. Compliance with the design standards listed in the Architectural Standards Manual is required. Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Site Plan 3. Building Elevations & Floor Plan B. Conditions of Approval EXHIBIT A Raisin’ Angels Daycare – CUP H-2017-0072 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 EXHIBIT A Raisin’ Angels Daycare – CUP H-2017-0072 Exhibit A.1: Vicinity/Zoning Map EXHIBIT A Raisin’ Angels Daycare – CUP H-2017-0072 Exhibit A.2: Site Plan EXHIBIT A Raisin’ Angels Daycare – CUP H-2017-0072 Exhibit A.3: Building Elevations & Floor Plan EXHIBIT A Raisin’ Angels Daycare – CUP H-2017-0072 EXHIBIT A Raisin’ Angels Daycare – CUP H-2017-0072 B. Conditions of Approval 1. PLANNING DIVISION 1.1 The applicant shall continue to comply with the specific use standards listed in UDC 11-4-3-9, Daycare Facility, including but not limited to, the following: a. The maximum number of children at the facility at one time, including the operator’s children (if applicable), shall be 135. b. Onsite vehicle pick-up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. c. The business hours of operation of the daycare facility shall not exceed the hours between 6:00 am and 11:00 pm. d. Outdoor play areas shall not be used after dusk. e. Outdoor play equipment over 6 feet in height shall not be located in a front yard or within any required yard (i.e. setback area adjacent to property lines). f. The 6-foot tall solid fence proposed around the rear yard play area shall be of a non-scalable material to secure against exit/entry by small children. 1.2 The site/landscape plan in Exhibit A.2 shall be revised as follows: a. Include dimensions on the plan for the street and parking lot buffer widths. b. All parking stalls shall be a minimum of 17 feet long; correct parking stall lengths along north boundary that are depicted at 16 feet in length. c. Depict a minimum 5-foot wide pedestrian walkway from the perimeter sidewalk along W. Archerfield St. to the main building entrance; the pathway shall be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete or bricks in accord with UDC 11-3A-19B.4. d. Include a minimum of one tree in the landscape buffer along the southeast boundary of the site that is adjacent to a vehicular use area in accord with UDC 11-3B-8C. e. Provide a turning radius for emergency vehicles that meets IFC standards (28’ inside, 48’ outside); coordinate with Joe Bongiorno, Fire Department. 1.3 Signage is required to be installed at the north entry to the site via W. Archerfield St. to alert drivers to the one-way traffic pattern within the site. 1.4 A detail of the bicycle rack shall be submitted with the Certificate of Zoning Compliance application that complies with the standards listed in UDC 11-3C-5C. 1.5 A detail of the trash enclosure that complies with the requirements listed in UDC 11-3A-12B shall be submitted with the Certificate of Zoning Compliance application. A receptacle for recycling should be provided. 1.6 Plans including the location and design of the trash enclosure shall be submitted to Bob Olson, Republic Services, for review and approval prior to submittal of the Certification of Zoning Compliance application. 1.7 A cross-access easement shall be provided to the property to the west (Lot 4, Block 2) for access via Archerfield so that their access isn’t located on a curve. A copy of the recorded easement shall be submitted with the Certificate of Zoning Compliance application for this site. EXHIBIT A Raisin’ Angels Daycare – CUP H-2017-0072 1.8 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 the issuance of a Certificate of Zoning Compliance. The applicant or owner shall comply with all State of Idaho and Department of Health and Welfare requirements for daycare facilities. 1.9 The conditional use permit shall be valid for a maximum period of 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. Upon written request and filing by the applicant prior to the termination of the period, a time extension may be requested as set forth in UDC 11-5B-6. 1.10 A Certificate of Zoning Compliance and Design Review applications shall be submitted for staff level review after the Conditional Use Permit is approved, prior to applying for building permits. Design of the structure shall comply with the standards listed in the Architectural Standards Manual. 1.11 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 2. PUBLIC WORKS DEPARTMENT 2.1 Public works has no issues with this application. 3. FIRE DEPARTMENT 3.1 All daycares must pass an inspection using the criteria of the Idaho State Fire Marshal as set forth in Idaho Statute Title 39-1109. Prior to scheduling an inspection, the applicant must pay a fee of $20 for the cost of the inspection. The Fire Department conducted an inspection on April 5, 2017 and the facility passed inspection. 3.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4. POLICE DEPARTMENT 4.1 The Police Department had no comments on this application. 5. REPUBLIC SERVICES 5.1 Republic Services did not provide comments on this application. 6. PARKS DEPARTMENT 6.1 The Parks Department had no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Construct a 26-foot wide curb return type driveway, located 173-feet west of Dyver Avenue (measured centerline-to-centerline). 7.1.2 Pave the driveway its full width and a minimum of 30-feet into the site beyond the edge of Archerfield Street. 7.1.3 A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a building permit. Please contact the ACHD Planner (see below) for information regarding impact fees. EXHIBIT A Raisin’ Angels Daycare – CUP H-2017-0072 7.1.4 Plans shall be submitted to the ACHD Development Review Department for plans acceptance, and impact fee assessment (if an assessment is applicable). 7.1.5 Comply with the Standard Conditions of Approval as noted below. EXHIBIT A Raisin’ Angels Daycare – CUP H-2017-0072 C. Required Findings from Unified Development Code 1. Conditional Use Permit (UDC 11-5B-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 Commission finds that the subject property is large enough to accommodate the proposed use and dimensional and 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 Commission finds that the proposed use is consistent with the Comprehensive Plan future land use map designation of Commercial and is listed as a conditional use in UDC Table 11-2B-2 in the C-G zoning district. Further, the Commission finds the proposed use of the site is consistent with the Comprehensive Plan in that the proposed daycare group will contribute to the variety of uses and educational opportunities available to the surrounding area. 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 Commission finds that if the applicant complies with the conditions outlined in this report, the operation of the proposed daycare group should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission 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 Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently provided to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACHD in Exhibit B. Based on comments from other agencies and departments, the Commission finds that the proposed use will be served adequately by all of the public facilities and services listed above. EXHIBIT A f. 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 Commission 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. 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 Commission recognizes that traffic will likely increase with the approval of a daycare center in this location; however, the Commission does not believe that the amount generated will be detrimental to the general welfare of the public. The Commission does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. 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 Commission finds that there should not be any health, safety or environmental problems associated with the proposed use. The Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance.