Loading...
2019-03-07MERIDIAN PLANNING AND ZONING COMMISSION MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Thursday, March 7, 2019 at 6:00 PM 1. Roll-Call Attendance __X__Lisa Holland __ X __Andrew Seal __ X__Rhonda McCarvel __X__Reid Olsen __ X __Ryan Fitzgerald __X__Bill Cassinelli 2. Adoption of Agenda Adopted as Presented ___X_ Jessica Perrault - Chairperson 3. Consent Agenda [Action Item] Approved A. Approve Minutes of February 21, 2019 Planning and Zoning Commission Meeting B. Findings of Fact, Conclusions of Law for Harvest Church Preschool (H-2019-0007) by Church of the Harvest, Located at 831 W. Main St. 4. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned city planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they may be allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. A. Public Hearing H-2019-0006 for Three Corners Ranch by Sweet Land Development, Inc., Located 1890 E. Dunwoody Ct. Continued to April 4, 2019 1. Request: Annexation and Zoning of 31.06 acres of land with the R-4 zoning District, and; 2. Request: A Preliminary Plat consisting of 45 building lots and 9 commons lots. Meeting Adjourned at 6:04 PM Page 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desuring acc omodation for disabilities related to documents and/or hearing should contact the City C lerk's Offic e at 208-888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting Agenda March 7, 2019 – Page 2 of 101 Meridian Planning and Zoning Meeting March 7, 2019. Meeting of the Meridian Planning and Zoning Commission of March 7, 2019, was called to order at 6:00 p.m. by Chairman Jessica Perreault. Members Present: Chairman Jessica Perreault, Commissioner Rhonda McCarvel, Commissioner Ryan Fitzgerald, Commissioner Bill Cassinelli, Commissioner Lisa Holland, Commissioner Andrew Seal and Commissioner Reid Olsen. Others Present: Chris Johnson, Andrea Pogue, Bill Parsons, Stephanie Leonard and Dean Willis. Item 1: Roll -call Attendance X Lisa Holland X Reid Olsen _X Andrew Seal X Ryan Fitzgerald X Rhonda McCarvel X Bill Cassinelli X Jessica Perreault - Chairman Perreault: Good evening, ladies and gentlemen. At this time I would like to call to order the regularly scheduled meeting of the Meridian and Planning and Zoning Commission on March 7th, 2019. Let's begin with roll call. Item 2: Adoption of Agenda Perreault: Thank you. Next we will do the adoption of the agenda. The first -- excuse me just one moment. Okay. The first item on the agenda is the adoption of the agenda and we will -- we are just going to open the meeting tonight to continue the hearing and we will not be taking any public testimony this evening. So, for anybody that has come here to testify, we will not be doing that this evening. So, that meeting will be continued to another date, which we will discuss. And can I get a motion to adopt the agenda? Cassinelli: So moved. Holland: Second. Perreault: It has been moved and seconded to adopt the agenda. All those in favor say aye. Motion carries. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda [Action Item] A. Approve Minutes of February 21, 2019 Planning and Zoning Meridian Planning & Zoning Commission March 7, 2019 Page 2 of 3 Commission Meeting B. Findings of Fact, Conclusions of Law for Harvest Church Preschool (H- 2019-0007) by Church of the Harvest, Located at 831 W. Main St. Perreault: The next item on the agenda is the Consent Agenda and we have two items on the Consent Agenda. The approval of minutes for the February 21 st, 2019, Planning and Zoning meeting and the Findings of Fact, Conclusions of Law for Harvest Church preschool, H-2019-0007 by Church of the Harvest. Can I get a motion to adopt -- adopt the Consent Agenda. Seal: So moved. McCarvel: Second. Perreault: It has been moved and seconded to adopt the Consent Agenda. All those in favor say aye. Motion carries. OVA Is] 9N 1KOYI1: V12197-_lIW_\Y'2•01 Item 4: Action Items. A. Public Hearing H- 2019-0006 for Three Corners Ranch by Sweet Land Development, Inc., Located 1890 E. Dunwoody Ct. 1. Request: Annexation and Zoning of 31. 06 acres of land with the R- 4 zoning District, and; 2. Request: A Preliminary Plat consisting of 45 building lots and 9 commons lots. Perreault: So, we will open the -- the public hearing for H-2019-0006 for Three Corners Ranch by Sweet Land Development for the purpose of continuing that to April 4th, 2019. And I understand that staff wanted to make some commentary on the noticing for that. Leonard: Thank you, Madam Chair, Members of the Commission. We just wanted to clarify. There were a few reasons for the request for continuance. The applicant requested continuance to kind of work on some things. We found out from ACHD that they will be hearing it at their commission hearing on March 27th, so we spoke with the applicant and decided that April 4th would be a good time to hear that, to make sure that we have their input as well. And, then, we also realize that there was a noticing error and we just wanted the record to reflect that, too. So, on the next go around we are going to be correcting that issue and renoticing the vicinity mailings, as well as newspaper, and, then, the applicant will be required to repost the site and adhere to all the posting requirements per our city code. Thank you. Meridian Planning & Zoning Commission March 7, 2019 Page 3 of 3 Perreault: Is the applicant here this evening? Would you like to make any commentary regarding the continuance? Lopez: Marcel Lopez. 4824 West Fairview Avenue. Yes. Here representing the applicant. We are in agreement with the request to continue to the April hearing. Perreault: Okay. Thank you. Any questions for the applicant? Okay. Thank you very much. Lopez: Thank you. Perreault: Okay. Can I get a motion to continue the public hearing for H-2019-0006 to the date of April 4th, 2019? Holland: So moved. McCarvel: Second. Perreault: It has been moved and seconded to continue to April 4th, 2019. All those in favor say aye. Motion carries. MOTION CARRIES: ALL AYES. Perreault: So, that is all there is for this evening. Apologize to all those that have shown up to testify. Please do come back on that April 4th hearing. It will be highly beneficial to us to have that report from ACHD and that will help us make a better recommendation to City Council. So, we appreciate everybody that came tonight. Thank you. Can I get a motion to close the public hearing -- or to close the -- to adjourn this evening. Fitzgerald: Madam Chair, I move we adjourn. Cassinelli: Second. Perreault: It has been moved and seconded to adjourn the meeting for March 7th, 2019. All those in favor say aye. Motion carries. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 6:04 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) APPROVED JESSIk�C RREAULT - CHAIRMAN DATE APPROVED ATTEST) /1 cywrio C� G�xk- Planning and Zoning Commission Meeting Agenda March 7, 2019 Agenda Item Number: 3 A Project File Number: Item Title: Approve Minutes of February 21, 2019 Planning and Zoning Commission Meeting REQUEST: Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.A . Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of F ebruary 21, 2019 P lanning and Zoning C ommission M eeting AT TAC HM E NT S: Description Type Upload D ate Minutes Cover Memo 2/28/2019 Meridian City Council Meeting Agenda March 7, 2019 – Page 3 of 101 Meridian Planning & Zoning Commission February 21, 2019 Page 79 of 79 MOTION CARRIED: FOUR AYES. THREE ABSENT. MEETING ADJOURNED AT 9:56 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS.) AP ROVED %,U "1 .4- J SIC RREAULT - CH IRMAN ATT ST: C U� C. JAY C S - CITY CLERK 091 1 l'7 DATE APPROVED ,TEDq� cn SEAL rye TREA`'•���� Planning and Zoning Commission Meeting Agenda March 7, 2019 Agenda Item Number: 3 B Project File Number: H-2019-0007 Item Title: Findings of Fact, Conclusions of Law for Harvest Church Preschool By Church of the Harvest, Located at 831 W. Main St REQUEST: Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.B . Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusions of L aw for Harvest Church P reschool (H-2019- 0007) by Church of the Harvest, L ocated at 831 W. M ain S t. AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 2/28/2019 E xhibit A E xhibit 2/28/2019 Meridian City Council Meeting Agenda March 7, 2019 – Page 83 of 101 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2019-0007 Page 1 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Conditional Use Permit to add a daycare center use to an existing church for Harvest Church Preschool, Located at 831 N. Main St. in the O-T Zoning District, by Church of the Harvest. Case No(s). H-2019-0007 For the Planning & Zoning Commission Hearing Date of: February 21, 2019 (Findings on March 7, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 21, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 21, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 21, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 21, 2019, 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 Meridian City Council Meeting Agenda March 7, 2019 – Page 84 of 101 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2019-0007 Page 2 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 in the attached staff report for the hearing date of February 21, 2019, 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 CUP is hereby approved in accord with the conditions of approval in the staff report for the hearing date of February 21, 2019, 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 February 21, 2019 Meridian City Council Meeting Agenda March 7, 2019 – Page 85 of 101 By action of the Planning & Zoning Commission at its regular meeting held on the t14" day of Mo LrCI'1 , 2019. COMMISSIONER JESSICA PERREAULT, CHAIRMAN COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN COMMISSIONER RHONDA MCCARVEL COMMISSIONER ANDREW SEAL COMMISSIONER LISA HOLLAND COMMISSIONER WILLIAM CASSINELLI COMMISSIONER REID OLSEN /wChairman ��' Attest: A0 0 00 / E IDIA SOA y Cole ity Clerk ,SEAT T VOTED VOTED_ VOTED VOTED VOTED_ VOTED VOTED kXL Copy served upon the Applicant, the Planning and Development Services divisions of the Community Developml Departme the Public Works Department and the City Attorney. By: Dated: 3)-7j) () Ci erk's Offi e CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2019-0007 Page 3 EXHIBIT A Page 1 HEARING DATE: 2/21/2019 TO: Planning & Zoning Commission FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0007 Harvest Church Preschool LOCATION: 831 N. Main St., in the NW ¼ of Section 7, Township 3N., Range 1E. I. PROJECT DESCRIPTION A conditional use permit for a daycare center for up to 60 children ranging in age from 3-5 years old in an existing church building on 0.83 acres of land in the O-T zoning district as required by UDC Table 11-2D-2. II. SUMMARY OF REPORT A. Project Summary B. Community Metrics Description Details Page Ada County Highway District  Staff report (yes/no) No  Requires ACHD Commission Action (yes/no) STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 0.83 Future Land Use Designation Old Town Existing Land Use Church and group daycare (up to 12 children) Proposed Land Use(s) Church and daycare center (12+ children) Current Zoning O-T Neighborhood meeting date; # of attendees: December 18, 2018; no attendees History (previous approvals) CZC-10-028, DES-10-021; A-2018-0333 Meridian City Council Meeting Agenda March 7, 2019 – Page 87 of 101 Page 2 Description Details Page Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Access via N. Main St. Ave (Arterial) and E. Pine Ave. (Arterial) Traffic Level of Service Fire Service  Accessibility Concerns with parking and ensuring that drive aisles are not blocked during church services.  Other Resources Police Service No Comment West Ada School District  Distance (elem, ms, hs)  Capacity of Schools  # of Students Enrolled Wastewater  Distance to Sewer Services 0’  Sewer Shed Five Mile  Estimated Project Sewer ERU’s See application  WRRF Declining Balance 13.52 MGD  Project Consistent with WW Master Plan/Facility Plan Yes Water  Distance to Water Services 0’  Pressure Zone 3  Estimated Project Water ERU’s See application  Water Quality Concerns No concerns  Project Consistent with Water Master Plan Yes  Impacts/Concerns No new water main proposed; no concerns Meridian City Council Meeting Agenda March 7, 2019 – Page 88 of 101 Page 3 C. Project Area Maps III. APPLICANT INFORMATION A. Applicant/Owner: Church of the Harvest 831 N. Main Street Meridian, Idaho 83642 IV. NOTICING Planning & Zoning Posting Date Newspaper Notification 2/1/2019 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda March 7, 2019 – Page 89 of 101 Page 4 Radius notification mailed to properties within 300 feet 1/29/2019 Radius notification published on 2/11/2019 Nextdoor posting 1/29/2019 V. STAFF ANALYSIS The facility is already constructed, and received Certificate of Zoning Compliance (CZC) approval (A- 2018-0333) for a group daycare (up to 12 children) in 2018. The applicant requests a conditional use permit to expand upon the daycare use to increase enrollment from twelve (12) students to up to sixty (60) students. A daycare center, although ancillary to the church use, requires a conditional use permit per UDC 11-2D-2 and is subject to specific use standards as listed below. A. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): “Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking and biking distance of residential dwellings.” (2.01.01C) B. Existing Structures/Site Improvements: The applicant is proposing to use space within the existing church building, no site improvements are proposed. However, the church does own an unimproved lot to the south of the subject property that does not conform to UDC parking standards (see parking analysis below) C. Proposed Use Analysis: The applicant proposes to operate the daycare with three (3) staggered class times. The first class is proposed to begin at 8:30 AM, the second class at 11:00 AM, and the third at 3:30 PM; classes are projected to finish at 6:00 PM. Prior to the Commission hearing, Staff recommends the applicant provide further information regarding the number of students projected to attend each time slot to assess parking and facility needs. D. Specific Use Standards (UDC 11-4-3): 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 a maximum of sixty (60) children, classifying it 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 applicant is proposing to use the existing drive aisle and parking lots available on site for pick-up and drop-off of children. There are 46 existing parking spaces on the site, which exceeds UDC requirements for an approximately 27,000 square-foot building in the O-T zoning district (one [1] parking space per 1,000 square feet). If the applicant intends to use the dirt lot located at 58 E. Idaho Ave. to the south of the subject site for parking or loading/unloading it shall be improved in accord with UDC standards. 3. The decision making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. Meridian City Council Meeting Agenda March 7, 2019 – Page 90 of 101 Page 5 4. 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 certificate 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 has coordinated with the Department of Health and Welfare to complete the health and safety inspection, a fire inspection has been completed by the Meridian Fire Department and has been sent to the State of Idaho Stars program for approval. 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 subject property is adjoins residential uses to the north, as such the hours of operation for the daycare center shall be restricted to 6 AM-11 PM. The applicant is proposing hours of operation to occur between 8:30 AM-6 PM, in accord with these standards. 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-4B 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 requirement does not apply to the subject application. The applicant did conduct a neighborhood meeting and notified property owners within three-hundred feet (300’) in accord with the requirements of the subject CUP request. 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. B. Additional standards for daycare facilities that serve children: 1. All outdoor play areas shall be completely enclosed by minimum six foot (6') nonscalable fences to secure against exit/entry by small children and to screen abutting properties. The current proposal does not include outdoor space for the daycare. If the subject application is approved and the applicant wants to add outdoor space in the future, they shall comply with this requirement. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. The current proposal does not include outdoor space for the daycare. If the subject application is approved and the applicant wants to add outdoor space in the future, they shall comply with this requirement. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. The current proposal does not include outdoor space for the daycare. If the subject application is approved and the applicant wants to add outdoor space in the future, they shall comply with this requirement. C. Additional standards for family daycare facilities conducted as home occupation accessory uses: 1. In no way shall the family daycare emit lighting, noise, fumes, smoke, dust, odors, vibrations, or electrical interference that can be observed outside the dwelling. A sign may be displayed for advertising the family daycare facility in accord with the standards set forth in subsection 11-3D- 8B of this title. This requirement does not apply as the subject application is does not involve a home occupation. 2. Off street parking shall be provided as set forth in section 11-3C-6 of this title, in addition to the required off street parking for the dwelling. (Ord. 18-1773, 4-24-2018) This requirement does not apply as the subject application does not involve a home occupation or dwelling unit. Meridian City Council Meeting Agenda March 7, 2019 – Page 91 of 101 Page 6 E. Access (UDC 11-3A-3, 11-3H-4): There are three (3) points of access currently used by the existing church and proposed for continued use for the daycare center (see Exhibit VII.B). One (1) access point via N. Main Street is proposed to circulate traffic through the alleyway to access parking to the south. One (1) access point is proposed via E. Pine Ave. to access a one-way parking lot to the west of the subject property. One (1) access point is proposed via E. Idaho Ave. to access a two-way parking lot to the north. The applicant has proposed to control traffic and ensure safe crossing for children through the use of bollards at the corner of buildings, striping and caution flags. Staff recommends the applicant provide further detail regarding installment and location of such precautions with the CZC and DES application. F. Parking (UDC 11-3C): Per UDC Table 11-3C-6B.3, a minimum of twenty-seven (27) off-street parking spaces are required to be provided; a total of forty-six (46) spaces exist and are proposed to be used. The number of existing parking spaces exceeds UDC standards. Staff feels the number of existing parking spaces should be adequate as the class times are staggered throughout the day and should allow for shifts of vehicles to pick-up and drop-off children. However, if the applicant intends to use the dirt lot located at 58 E. Idaho Ave. to the south of the subject site for parking, it shall be improved in accord with UDC 11-3C-5 and UDC 11-3B-8. The UDC does not require that additional parking be provided based on the zoning district for the subject property, however, UDC 11-5B-6D-7 does allow the Commission to require more restrictive standards in analyzing a conditional use. If the Commission determines that the parking lot located at 58 E. Idaho Ave. should be used as parking to increase availability for the daycare, the applicant shall improve and landscape the area in accord with UDC standards, additionally, cross-access to adjacent properties (parcel numbers R5672000460 and R5672000450)shall be provided in accord with UDC 11-3A-3. G. Sidewalks (UDC 11-3A-17): Sidewalks exist along E. Pine Ave., E. Idaho Ave. and N. Main Street. A pedestrian walkway and striping was previously installed to guide pedestrians from the two (2) parking lots to the entrance of the existing church and proposed entrance for the daycare. H. Certificate of Zoning Compliance (CZC) and Design Review (DES) If approved, the applicant will be required to amend the current CZC approval to establish the use of a daycare center on the site to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to construction, in accord with UDC 11-5B-1. If the Commission requires improvements be made to the parking lot to the south, the applicant will also be required to submit an application for DES concurrent with the CZC application in accord with UDC 11-5B-8. I. Utilities (UDC 11-3A-21): This site is already serviced by City sanitary sewer, domestic water, refuse disposal, and irrigation; these services were provided to this property with development of the site. VI. DECISION A. Staff: Staff finds the proposed project complies with the applicable policies of the Comprehensive Plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject CUP application. Meridian City Council Meeting Agenda March 7, 2019 – Page 92 of 101 Page 7 B. Commission: The Meridian Planning and Zoning Commission heard this item on February 22, 2019. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Ben Butterworth and JoAnne Richter, applicants; Lily Mulyar; Diane Brian; ii. In opposition: None iii. Commenting: Ben Butterworth and JoAnne Richter, applicants; Lily Mulyar; Diane Brian iv. Written testimony: None v. Staff presenting application: Stephanie Leonard vi. Other staff commenting on application: Bill Parsons, Andrea Pogue b. Key Issues of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. Parking availability and site circulation for children and pedestrians ii. Maximum number of students allowed d. Key Commission Changes to Staff Recommendation: i. Strike portion of condition 1.1.3 regarding parking lot construction. ii. Strike condition 1.1.4. Meridian City Council Meeting Agenda March 7, 2019 – Page 93 of 101 Page 8 VII. EXHIBITS A. Floor Plans Meridian City Council Meeting Agenda March 7, 2019 – Page 94 of 101 Page 9 Meridian City Council Meeting Agenda March 7, 2019 – Page 95 of 101 Page 10 Meridian City Council Meeting Agenda March 7, 2019 – Page 96 of 101 Page 11 B. Parking and Circulation Plan Meridian City Council Meeting Agenda March 7, 2019 – Page 97 of 101 Page 12 VIII. CITY/AGENCY COMMENTS & CONDITIONS 1. PLANNING DIVISION 1.1 Site Specific Conditions 1.1.1 The applicant shall comply with all conditions of previous approvals (CZC-10-028, DES-10- 021; A-2018-0333). 1.1.2 The applicant shall comply with the Specific Use Standards listed in UDC 11-4-3-9, Daycare Facility. 1.1.3 The floor plan, included in Exhibit VII.A, is approved as presented. The applicant is not proposing any exterior modification or additions to the building and none are approved. However, if the Commission requires additional parking be installed on the unimproved portion of the lot to the south (parcel no. R5672000430), the applicant shall submit a site plan depicting additional parking spaces. Installation shall be in accord with the standards in UDC 11-3B-8 and UDC 11-3C-5. 1.1.4 If the Commission requires the lot be improved for parking, the applicant shall provide cross-access to adjacent lots in accord with UDC 11-3A-3. 1.1.5 The applicant is required to amend the existing Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) application to the Planning Division for approval of the proposed use to increase the number of students and final site layout with the improved parking area (if required) prior to submittal of a building permit application. 1.1.6 The applicant shall coordinate with the Meridian Building Division (208-887-2211) regarding any building permit requirements. 1.1.7 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.1.8 The applicant shall have a maximum of two (2) years to commence the daycare 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. 1.1.9 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. 1.1.10 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.1.11 All signage for the property is subject to the standards set forth in UDC 11-3D. 2. PUBLIC WORKS DEPARTMENT No comments on the subject application as services are existing. 3. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/weblink8/0/doc/160625/Page1.aspx 4. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/161519/Page1.aspx 5. IDAHO DEPARTMENT OF TRANSPORTATION (ITD) Meridian City Council Meeting Agenda March 7, 2019 – Page 98 of 101 Page 13 http://weblink.meridiancity.org/weblink8/0/doc/161625/Page1.aspx 6. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/160817/Page1.aspx IX. FINDINGS CONDITIONAL USE PERMIT: The Commission shall base its determination on the conditional use permit request on 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 site is large enough to accommodate the proposed use and meet the dimensional and development regulations of the O-T zoning district and the specific use standards listed in UDC 11-4-3-9, Daycare Facility. 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 and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of Old Town 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 Commission finds that the general operation and maintenance of the daycare facility should be compatible with the surrounding commercial and residential uses in the vicinity. The Commission finds that the proposed project will be compatible with the existing and intended character of the area and will not adversely change the character thereof. 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 the proposed development should not adversely affect other property in the vicinity if adequate on-site parking is provided and utilized by patrons of the church and clients of the daycare. If approved, conditions of approval are included in Exhibit VIII of this staff report to ensure the proposed use will not adversely affect other properties in the vicinity. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation were provided to this property with development of the site. The Commission finds that the proposed use will be served adequately by all of the public facilities and services listed above. 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. Meridian City Council Meeting Agenda March 7, 2019 – Page 99 of 101 Page 14 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 finds that the proposed development should not involve activities that will create nuisances that would be detrimental to the general welfare of the surrounding 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 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 in this area. Meridian City Council Meeting Agenda March 7, 2019 – Page 100 of 101 Planning & Zoning Commission Meeting March 7, 2019 Zoning Map Aerial Preliminary Plat/Landscape Plan Changes to Agenda:  Item #4A: Three Corners Ranch - Applicant originally requested continuance to finalize some outstanding issues - ACHD stated they are going to hear the application at their Commission hearing on March 27th, so the applicant and staff agreed the next Planning and Zoning Commission hearing after that meeting would make sense – April 4th - Staff wants to make note that there was a noticing error and would like the record to reflect that Item #4A: Three Corners Ranch (H-2019-0006) Application(s):  Annexation  Preliminary Plat Size of property, existing zoning, and location: This site consists of 31.06 acres of land, zoned RUT, located at 1890 E Dunwoody Ct. Adjacent Land Use & Zoning: North: SFR subdivision, zoned RUT South: SFR subdivision, zoned R-4 East: SFR subdivision in Boise West: SFR subdivision zoned RUT History: Comprehensive Plan FLUM Designation: LDR Summary of Request: Written Testimony: Written testimony in opposition received from: Alan and Debra Jurgens, stating concerns with impacts to Dunwoody Ct. residences in regard to safety, roadways, sidewalks; Daniel Miller, concern with entrance orientation to Barclay , including construction traffic; Linda Kees, entrance via Barclay through Bristol Heights, traffic including construction traffic, access/connectivity of design of internal roadway, safety for neighborhood children; Renee Jessome and Darrin McLean, entrance via Barclay, safety and traffic concerns; Ron Santos, traffic impacts and safety issues, entrance via Barclay Staff Recommendation:. Notes: Possible Motions: Continuance I move to continue File Number H-2019-0006 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Planning and Zoning Commission Meeting Agenda March 7, 2019 Agenda Item Number: 4 A Project File Number: H-2019-0006 Item Title: Public Hearing H-2019-0006 for Three Corners Ranch By Sweet Land Development, Inc. Located at 1890 Dunwoody Ct. REQUEST: 1. Annexation and Zoning of 31.06 acres of land with the R-4 zoning district. 2. Preliminary Plat consisting of 45 building lots and 9 common lots. Meeting Notes: 0VeI ly ZO/� I TEM SHEET C ouncil Agenda I tem - 4.A . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing H-2019-0006 for T hree C orners Ranch by S weet L and D evelopment, Inc., Located 1890 E . D unwoody C t. C lic k Here for Applic ation Materials Meridian City Council Meeting Agenda March 7, 2019 – Page 101 of 101