TM Crossing - Ten Mile Academy Daycare (H-2020-0007) Findings CITY OF MERIDIAN V IDIAN --
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND 1DAHO
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit for TM Crossing—Ten Mile Academy,
Located at 1001 S. Sentinel Lane in the C-G Zoning District,by BVA Development.
Case No(s).H-2020-0007
For the Planning& Zoning Commission Hearing Date of: March 19, 2020 (Findings on April 2,
2020)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of March 19, 2020, incorporated by
reference)
2. Process Facts(see attached Staff Report for the hearing date of March 19, 2020, incorporated by
reference)
3. Application and Property Facts(see attached Staff Report for the hearing date of March 19, 2020,
incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of March 19,2020, 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). [file#]
Page 1
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of March 19,2020, 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 Conditional Use Permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of March 19, 2020, 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 11-513-6F.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 11-513-617.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.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 March 19, 2020
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [file#]
Page 2
By action of the Planning&Zoning Commission at its regular meeting held on the 2nd day of
April ,2020.
COMMISSIONER RYAN FITZGERALD, CHAIRMAN VOTED AYE
COMMISSIONER LISA HOLLAND,VICE CHAIRMAN VOTED AYE
COMMISSIONER RHONDA MCCARVEL VOTED AYE
COMMISSIONER ANDREW SEAL VOTED AYE
COMMISSIONER PATRICIA PITZER VOTED AYE
COMMISSIONER WILLIAM CASSINELLI VOTED AYE
COMMISSIONER NICK GROVE VOTED AYE
Ryan Fitzgerald, Chairman
Attest:
Chris Johnson,City Clerk
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: Dated: 4-2-2020
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). [file#]
Page 3
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 3/19/2020
DATE:
TO: Planning & Zoning Commission
FROM: Joe Dodson, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2020-0007
TM Crossing Ten Mile Academy
Daycare
LOCATION: 1001 S. Sentinel Lane
I. PROJECT DESCRIPTION
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The Applicant, BVA Development, requests conditional use permit approval to operate a
daycare center (more than 12 children) on 0.883 acres of land in the C -G zoning district and
within the Ten Mile Interchange Specific Area Plan (TMISAP).
II. SUMMARY OF REPORT
A. Project Summary
Acreage
Future Land Use Designation
Existing Land Use(s)
Proposed Land Use(s)
Lots (# and type; bldg./common)
Phasing Plan (# of phases)
Neighborhood meeting date; # of
attendees:
History (previous approvals)
Details
0.883 acres
Commercial
Vacant
Commercial
One (1) building lot
One (1) phase
January 16, 2020; no attendees
AZ -12-005 (Ord. 14-1588, DA #114002254); MDA (H-
2016-0054, amended DA #2016-062220); Lot 7, Blk. 2,
TM Crossing Sub.; A-2019-0348 (PBA, ROS #12109); A-
2019-0386 (CZC/DES).
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Meridian City Council Meeting Agenda April 2, 2020 — Page 137 of 222
B. Community Metrics
Details
Ada Countv Highwav District
• Staff report (yes/no) No
• Requires ACHD Commission No
Action (yes/no)
Access (Arterial/Collectors/State One access via S. Sentinel Lane, a local street
Hwy/Local)(Existing and Proposed)
Stub Street/Interconnectivity/Cross Cross -access to adjacent parcels, also owned by BVA Dev.
Access
Existing Road Network Yes
Distance to nearest City Park (+ 2.1 miles to Fuller Park (approximately 23 acres).
size
Fire Service
• Distance to Fire Station
• Fire Response Time
• Resource Reliability
• Risk Identification
• Accessibility
• Special/resource needs
• Water Supply 1W
2.4 miles from Fire Station 2
5:00 minute response time from Station 2
82%
Risk Factor 4 (Commercial with hazards)
This project does not meet all required access, road widths
and turnarounds as shown. Please note: the parking lot with
the drive aisle out to Excursion Drive shall be completed
prior to issuance of Certificate of Occupancy OR an
approved fire department turn around shall be installed in
the parking lot adjacent to the building.
In the event of a structure fire an additional truck company
will be required. This will require additional time delays as
a second truck company is not available in the city.
Water supply for this proposed development requires 1500
gallons per minute for two hours.
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Meridian City Council Meeting Agenda April 2, 2020 — Page 138 of 222
C. Project Area Maps
Future Land Use Map
WOensify
0H'I
ential
Aerial Map
Zoning Map
Planned Development Map
Legend
PRIProject Location —
y City Limits
Planned Parcels
JRUT
III. APPLICANT INFORMATION
A. Applicant:
BVA Development — 2775 W. Navigator Dr. #220, Meridian, ID 83642
B. Owner:
Tomlinson Family Trust, DWT Investments, SCS Investments — 2929 W. Navigator Dr. #400,
Meridian, ID 83642
C. Representative:
Roberta Stewart, BVA Development - 2775 W. Navigator Dr. #220, Meridian, ID 83642
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IV. NOTICING
Newspaper Notification
Radius notification mailed to
properties within 300 feet
Site Posting Date
NextDoor posting
V. STAFF ANALYSIS
Planning & Zoning
Posting Date
2/28/2020
2/25/2020
3/5/2020
2/25/2020
City Council
Postine Date
A. Future Land Use Map Designation (https:llwww.meridiancitE.or /g comQplan)
The future land use designation for this property is Commercial — this designation will
provide a full range of commercial uses to serve area residents and visitors. Desired uses
may include retail, restaurants, personal and professional services, and office uses, as
well as appropriate public and quasi -public uses.
B. Comprehensive Plan Policies(https://www.meridiancity.orglcompplan):
• "Encourage and support mixed-use areas that provide the benefits of being able to
live, shop, dine, play, and work in close proximity, thereby reducing vehicle trips,
and enhancing overall livability and sustainability" (3.06.02B). Adding a daycare
introduces an additional use to the Ten Mile Specific Area, therefore promoting
overall sustainability and the benefits of having a mix of uses in close proximity.
• "Encourage the development of supportive commercial near employment areas"
(3.06.02C). The proposed daycare will be in the center of a high employment
area.
C. Existing Structures/Site Improvements:
The applicant has received approval for site improvements and landscaping through CZC
and Design Review (A-2019-0386). The applicant is also close to receiving building
permit approval for the commercial shell building (C -NEW -2020-0006). There were no
existing structures on this site.
D. Proposed Use Analysis:
A Daycare Center use (more than 12 children) is listed in UDC Table 11-2A-2 as a
conditional use in the C -G zoning district. (Note: The Applicant states a pre-school,
which is classified in the UDC as a daycare, will also be apart of this business). See
narrative included in the application for more specific details on the proposed use.
E. Specific Use Standards (UDC 11-4-3):
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's
narrative states the plan is to maintain 250 part-time and full-time students with a
maximum of 180 children at any one time. The Applicant assumes the average will be
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Meridian City Council Meeting Agenda April 2, 2020 — Page 140 of 222
approximately 150 children. In addition, approximately 26 staff members will be
employed here during maximum capacity.
2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe
discharge and pick up of clients. The Applicant has stated and shown in an exhibit the
two main drop-off and pick-up locations: 1) within the parking lot around their building
nd; 2) the loading zone adjacent to the building on S. Sentinel Lane. (See Exhibit C in
Section VII).
The parking area specifically for this lot is proposing 32 parking stalls and the drive
aisles are 25 feet wide. According to the Applicant's narrative, there would never be a
need for more than 26 employees and they would rarely, if ever, be working at the same
time. Therefore, it can be assumed that there will always be some parking available for
student drop-off and pick-up within the available parking stalls. In addition, the drive
aisles are wide enough so that vehicles may stop shortly to drop-off/pick-up their child
without stopping traffic in both directions.
The Applicant's preferred drop-off/pick-up location is on S. Sentinel Ln. heading south,
directly abutting the building. With the available information, Staff agrees with the
applicant and finds the loading zone as the preferred location for safe and efficient
student drop-off/pick-up. This area will create the least amount of traffic impediments
and allow an easier in-and-outflow of traffic.
Fire has not made any comments regarding the proposed locations.
3. The decision making body shall specify the maximum number of allowable clients and
hours of operation as conditions of approval. Staff recommends a maximum of 180
allowable clients at any one time; Staff has written a condition of approval for this
recommendation (See Section V.III.A.2).
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 agreed to comply with this requirement in their
narrative.
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 does
not adjoin any residential uses or zones. The Applicant has stated in their narrative that
they intend to operate within these hours, with weekend hours on Saturdays only, 8 a.m.
to 1Op. in. Staff has included a condition of approval related to business hours.
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. A neighborhood meeting was held for this application.
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Meridian City Council Meeting Agenda April 2, 2020 — Page 141 of 222
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') non -
scalable fences to secure against exit/entry by small children and to screen abutting
properties. There is a 6' tall wrought iron fence proposed along the north and south
yards adjacent to the parking lot and around portions of the building.
2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or
within any required yard. There is no play equipment being proposed at this time;
Applicant will comply with this requirement if any equipment is ever proposed.
3. Outdoor play areas in residential districts adjacent to an existing residence shall not be
used after dusk. Not applicable, C -G zoning district.
F. Dimensional Standards (UDC 11-2):
The daycare center will be in a new building that has already received CZC/DES
approval and building permit approval for the commercial shell. All UDC dimensional
standards have been met.
G. Access (UDC 11 -3A -3,11-3H-4):
Access is provided via S. Sentinel Lane, an existing private street.
H. Parking (UDC 11-3C):
The proposed building is approved at 7,564 square feet, requiring a minimum of 15
parking stalls. 32 parking stalls are provided and were approved with the CZC/DES. All
parking and parking lot landscaping meet UDC standards.
I. Sidewalks (UDC 11-3A-17):
There is an existing five-foot (5) detached sidewalk along W. Navigator Dr. with existing
street trees that will be connected to the seven -foot (7) attached sidewalk along S.
Sentinel Ln. being built by the applicant. The applicant is also proposing 7' sidewalks
along all parking areas that abut the building area. All sidewalks meet UDC Standards.
J. Landscaping (UDC 11-3B):
The project landscaping meets UDC standards; the approved landscape plan is included
in Section VII.B
K. Fencing (UDC 11 -3A -6,11-3A-7):
The applicant is proposing a six (6) foot high black wrought iron fence on the north and
south sides of the building to enclose two grassy areas as safe play areas for the children.
The proposed fencing meets all UDC standards.
L. Building Elevations (UDC 11-3A-19 I Architectural Standards Manual):
A copy of the approved building elevations and material board are included in Section
VII.D
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Meridian City Council Meeting Agenda April 2, 2020 — Page 142 of 222
VI. DECISION
A. Staff:
Staff recommends approval of the proposed conditional use permit with the conditions in
Section VIII per the Findings in Section IX.
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Meridian City Council Meeting Agenda April 2, 2020 — Page 143 of 222
VII. EXHIBITS
A. Site Plan (date: 1/8/2020)
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Meridian City Council Meeting Agenda April 2, 2020 — Page 144 of 222
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Meridian City Council Meeting Agenda April 2, 2020 — Page 144 of 222
B. Landscape Plan (date: 1/27/2020)
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Meridian City Council Meeting Agenda April 2, 2020 — Page 145 of 222
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Page 9
Meridian City Council Meeting Agenda April 2, 2020 — Page 145 of 222
C. Child and (date: l
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Meridian City Council Meeting Agenda April 2, 2020 — Page 147 of 222
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning
1. Prior to issuance of Certificate of Occupancy, the Applicant shall construct the parking
lot and drive aisle out to Excursion Drive OR an approved fire department turnaround
shall be installed in the parking lot adjacent to the building.
2. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-9
Daycare Facilities, including but not limited to the following:
a. 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.
b. Outdoor play equipment over six feet (6') high shall not be located in a front yard
or within any required yard.
c. On-site vehicle pick up, parking and turnaround areas shall be provided to ensure
safe discharge and pick-up of clients.
3. The maximum number of allowable clients (children) at the facility at one time shall be
limited to one hundred and eighty (180).
4. The daycare/pre-school shall not operate between the hours of 11:00 pm and 6:00 am.
These hours are in line with the approved hours of operation as if the subject property
was in a residential district and as requested by the Applicant.
5. The Applicant or owner shall provide proof of criminal background checks and fire
inspection certificates as required by title 39, chapter 11, Idaho Code 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.
B. Central District Health (CDH)
https:llweblink. meridianciU. org/WebLink/DocView. aspx?id=183553&dbid= 0&r0o=MeridianC
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C. Department of Environmental Quality (DEQ)
https:llweblink. meridianciU. orglWebLinkIDocView. aspx?id=183620&dbid= 0&repo=MeridianC
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D. Nampa & Meridian Irrigation District (NMID)
https:llweblink. meridiancily. org/WebLink/Doc View. aspx?id=184505&dbid= 0&repo=MeridianC
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E. Meridian Fire Department (MFD)
https:llweblink. meridiancily. org/WebLink/DocView. aspx?id=183224&dbid= 0&r0o=MeridianC
iv
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Meridian City Council Meeting Agenda April 2, 2020 — Page 148 of 222
IX. FINDINGS
A. Conditional Use Permit
The Commission shall base its determination on the conditional use permit request upon the
following:
1. 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 site meets all the dimensional and development regulations in the C -G zoning district
for the proposed use and has already received Certificate of Zoning Compliance and
Design Review approval; therefore, Commission finds the site is large enough to
accommodate the proposed use.
2. That the proposed use will be harmonious with the Meridian comprehensive plan and in
accord with the requirements of this title.
Commission finds the proposed daycare center will be harmonious with the
Comprehensive Plan in that it will provide a much needed service for area employees
within the Ten Mile Interchange Specific Area Plan (TMISAP).
3. 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.
Commission finds the operation of the proposed daycare/pre-school should be
compatible with the employment uses in the close vicinity and the existing and intended
character of the TMISAP.
4. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity.
If the proposed daycare/pre-school complies with the conditions of approval in Section
VII as required, Commission finds the proposed use should not adversely affect other
properties in the vicinity.
5. 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.
Because the site is already annexed into the City and these services are already being
provided to the surrounding buildings, Commission finds the proposed use will be served
adequately by all public facilities and services.
6. 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.
Commission finds the proposed use should not create any additional costs for public
facilities and services and will not be detrimental to the economic welfare of the
community.
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Meridian City Council Meeting Agenda April 2, 2020 — Page 149 of 222
7. 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.
Although traffic may increase slightly in this area due to the proposed use and clients
dropping off and picking up children, the proposed use and effects was planned for when
the TM Crossing Subdivision was originally approved; therefore, Commission finds the
proposed daycare should not be detrimental to the general welfare.
8. 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. (Ord. 05-1170, 8-30-
2005, eff. 9-15-2005)
Commission is unaware of any natural, scenic or historic features in this area; however,
finds the proposed use should not result in damage of any such features.
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