Z - Signed Findings E IDIAN�---
ILHO
CITY OF MERIDIAN
FINDINGS OF FACT,CONCLUSIONS OF LAW
AND
DECISION& ORDER
In the Matter of the Request for Conditional Use Permit request to construct a new 13,535 square
foot,single-story daycare facility on approximately 1.3 acres of land on Lots 12 & 13 of the
Paramount Square Subdivision in the C-G zoning district for Elsinore Child Care Facility,Located
at 4818&4858 N.Elsinore Avenue,by 814 Development,LLC.
Case No(s).H-2021-0061
For the Planning& Zoning Commission Hearing Date of: October 21,2021 (Findings on November
4,2021)
A. Findings of Fact
1. Hearing Facts(see attached Staff Report for the hearing date of October 21,2021,incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 21, 2021, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October 21,
2021, incorporated by reference)
4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing
date of October 21,2021, 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
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2021-0061—Elsinore Child Care Facility
Page 1
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 October 21,2021, 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 § I I-
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 October 21, 2021, 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 11-513-6F.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. 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 October 21, 2021.
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2021-0061—Elsinore Child Care Facility
By action of the Planning&Zoning Commission at its regular meeting held on the 4th day of
November ,2021.
COMMISSIONER RHONDA MCCARVEL, CHAIRMAN VOTED
COMMISSIONER ANDREW SEAL,VICE CHAIRMAN VOTED
COMMISSIONER NATE WHEELER VOTED
COMMISSIONER STEVEN YEARSLEY VOTED
COMMISSIONER WILLIAM CASSINELLI VOTED
COMMISSIONER NICK GROVE VOTED
COMMISSIONER MARIA LORCHER VOTED
Rhonda McCarvel, Chairman 11-4-2021
Attest:
Chris Johnson,City Clerk 11-4-2021
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: 11-4-2021
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER
CASE NO(S). H-2021-0061—Elsinore Child Care Facility
Page 3
EXHIBIT A
STAFF REPORT E COMMUNITY
N ---
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 10/21/2021 Legend � 0
DATE: I�l
U Project Location
TO: Planning&Zoning Commission
FROM: Joe Dodson,Associate Planner
208-884-5533 > ®�
m
SUBJECT: H-2021-0061
Elsinore Child Care Facility �o Hop o
LOCATION: 4818 &4858 N. Elsinore Avenue, I
generally located at the northwest corner
of Meridian Road and McMillan Road.
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I. PROJECT DESCRIPTION
Conditional Use Permit request to construct a new 13,535 square foot, single-story daycare facility on
approximately 1.3 acres of land on Lots 12 & 13 of the Paramount Square Subdivision in the C-G
zoning district,by 814 Development,LLC.
II. SUMMARY OF REPORT
A. Project Summary
Description Details Page
Acreage 1.3 acres
Future Land Use Designation Commercial
Existing Land Use(s) Vacant
Proposed Land Use(s) Commercial—Daycare Center
Lots(#and type; Two(2)existing building lots(tentative approval for
bldg./common) a Property Boundary Adjustment to consolidate lots)
Neighborhood meeting date; # August 12, 2021;no attendees
of attendees:
History(previous approvals) MDA-13-010 (DA Inst.# 113083665); RZ-15-001;
PP-15-002; FP-15-020; PBA-2021-0015
B. Community Metrics
Description Details Page
Ada County Highway District
• Staff report(yes/no) Yes
— Page 1
Description Details Page
• Requires ACHD No
Commission Action
es/no
Access Access to N. Elsinore Avenue along west boundary
(Arterial/Collectors/State via a new driveway connection; additional access to
Hwy/Local)(Existing and shared drive aisle along north boundary via new
Proposed) driveway connection. Elsinore Avenue and shared
drive aisle are existing facilities.
Stub Cross-access to adjacent parcels is already in place
Street/Interconnectivity/Cross with the commercial subdivision via the shared drive
Access aisles.
Existing Road Network Yes
Fire Service
• Distance to Fire Station 0.6 miles from Fire Station#4
• Fire Response Time Within 5-minute response time goal
Page 2
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" 11
IV. NOTICING
Planning& Zoning
Posting Date
Newspaper Notification 10/5/2021
Radius notification mailed to
properties within 500 feet 10/5/2021
Site Posting Date 10/6/2021
NextDoor posting 10/5/2021
V. STAFF ANALYSIS
A. Future Land Use Map Designation(https://www.meridiancity.org/compplan)
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. Multi-family residential may be allowed in some cases,but should be careful to
promote a high quality of life through thoughtful site design,connectivity, and amenities. Sample
zoning include: C-N, C-C, and C-G.
The proposed use of a Daycare Center(more than 12 children) is a community-serving
commercial use that fits within the future land use designation of Commercial. The proposed use
can serve both the immediate area the nearby community at-large. The proposed location is at
the western edge of a commercial subdivision and directly across the street from multi family
residential which functionally creates a mixed-use development despite the future land use
designation not being such. The daycare use is a needed use throughout the City and providing it
nearby higher density residential meets many of the City's desired outcomes for commercial
development. Specific policies are noted and analyzed below but Staff finds the proposed use to
be consistent with the Commercial future land use designation.In addition,Staffs
transportation analysis is below in section TEE& Y.G.
B. Comprehensive Plan Policies(https://www.meridiancioy.or /g compplan):
• "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).As noted, the subject area is
not part of a mixed-use designation on our future land us map but this area has
developed as a mixed-use area with high-density multi family residential adjacent to a
commercial subdivision with ample pedestrian connectivity. Staff finds adding a daycare
use in this location introduces an additional use to immediate area and a use that is
commonly used by those who reside within multi family. In addition, this property has
easy pedestrian access to the adjacent apartment complex to the west, therefore
promoting overall sustainability and the benefits of having a supportive commercial use
nearby high-density residential.
• "Encourage the development of supportive commercial near employment areas"
(3.06.02C). The proposed daycare is not near an employment center but is part of a
medium-sized commercial subdivision and nearby several schools. Furthermore, the
remaining undeveloped properties within this commercial subdivision should contain
additional employment opportunities making the location of this daycare to those future
employers equally important.
Page 4
• "Locate smaller-scale,neighborhood-serving commercial and office use clusters so they
complement and provide convenient access from nearby residential areas, limiting access
to arterial roadways and multimodal corridors."(3.07.02B). The subject use is proposed
adjacent to commercial and higher density residential. This property has pedestrian
access to the apartment complex to its west via existing facilities that should help reduce
vehicle trips and provide convenient access overall. In addition, the Applicant is not
proposing any direct access to the adjacent arterial street, McMillan Road and is instead
proposing internal access from existing facilities.
• "Require appropriate building design, and landscaping elements to buffer, screen,
beautify, and integrate commercial,multifamily, and parking lots into existing
neighborhoods."(5.01.02D). With the landscaping and landscape buffers to McMillan
and Elsinore Avenue being existing, the proposed use should be both buffered and
integrated into the existing neighborhoods.
C. Existing Structures/Site Improvements:
The subject site has some partial improvements from its original approvals in 2015 including a
drive aisle along the northern project boundary that connects to Elsinore Avenue,the public road
directly to the west of the site to accommodate existing cross-access agreements. There are no
other existing structures or site improvements on this site.
D. Proposed Use Analysis:
A Daycare Center(more than 12 children)is listed in UDC Table I I-2A-2 as a conditional use in
the C-G zoning district, subject to the specific use standards noted below. See narrative included
in the application for more specific details on the proposed use from the Applicant's perspective.
Staffs specific analysis is in the next section.
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.Discussion with the Applicant
have yielded that 165 children are proposed to be served by this daycare center with
approximately 10-12 staff members; the number of staff members will be determined by state
required student/staff ratios. Therefore, the type of daycare facility proposed is a Daycare
Center because it is providing care to more than 12 children (UDC 11-IA-1).
2. On site vehicle pick up,parking and turnaround areas shall be provided to ensure safe
discharge and pick up of clients.
The submitted site plan shows a two-way, 25 foot wide drive aisle along the west side of the
building with parking on both sides to equal 36 total parking spaces. The building is shown as
approximately 13,500 square feet requiring a minimum of 27 parking spaces per code
requirements for nonresidential uses (I space/500 square feet). Therefore, the Applicant is
proposing parking in excess of code requirements. However, the site plan does not show any
dedicated pick-up/drop-off location other than the parking spaces. The Applicant is proposing
two points of ingress/egress for the subject site; one access to Elsinore Avenue to the west and
one access to the north to the existing shared drive aisle that runs east-west through the
commercial development. The inclusion of two access points for the parking area provides
more than one avenue for parents to access the site.
Page 5
In addition, ACHD is requiring a dedicated westbound right-turn lane and a dedicated
eastbound left-turn lane to Elsinore Avenue from McMillan Road. With these dedicated turn
lanes and multiple ways to access the subject site, some of Staffs concerns regarding access
are mitigated. However, Staff does have concerns the proposed parking drive aisle could be
overrun at peak pick-up/drop-off hours in the morning and afternoon with the current site
design. During discussions with the Applicant, it has been noted the daycare operator prefers
parents to park to discharge and pick-up their children instead of simply a quick stop-and-go
drop-off. To help mitigate this concern, Staff recommends a reduction in building size to allow
for additional parking along the north end of the site, similar to what exists within this
commercial development to the east. See below:
:t
Emulate parking to the east along
the north end of subject site.
I
rill nq
If a similar sized parking area is included on this site, approximately an additional 10 parking
spaces should be able to be added to the site to total 46 with this recommendation. Staff does
not anticipate the play area along the north boundary being reduced with the inclusion of
additional parking because the building itself should be reduced in size, nothing else. Staff has
recommended a condition of approval commensurate with this option.
Despite recommending a change in the size of the building, Staff believes the maximum
number of children discussed below is still relevant and should not be reduced. With Staffs
recommendation to add parking, Staff finds the proposed use and site design shall provide for
safe discharge and pick-up of children.
3. The decision making body shall specify the maximum number of allowable clients and hours
of operation as conditions of approval. The submitted narrative states the daycare will serve
children from as young as 6 weeks in age to as old as 12 years of age. The building will have
multiple rooms for different age groups. As noted, the Applicant has stated to Staff an
anticipated number of children being cared for at this site to be 165 children. Staff
recommends a condition of approval that a maximum of 165 children shall be allowed at any
one time within the proposed building because of the proposed business operations and the
fact there is no dedicated pick-up and drop-off location beyond that of the drive aisle and
parking spaces for the building. Staff has written a condition of approval commensurate with
this recommendation.
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
Page 6
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 shall comply with this requirement.
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 zoned C-G and
is not directly adjacent to a residence. However, the only separation between the subject
property and existing multi family residential and residential zoning is a commercial local
street, Elsinore Avenue. Therefore, the hours of operation shall be limited to 6am to IIpm per
zoning district standards in UDC 11-2B-3B. The Applicant has stated in their narrative that
they intend to operate from 6am to 6pm; this lies within the allowed hours and the Applicant is
not seeking to go outside of the allowed hours of operation with this CUP. Staff does not
recommend the inclusion of a specific provision limiting hours of operation due to the
existing limitation of code for the C-G zoning district adjacent to a residential district. Staff
finds it prudent to allow the daycare operator flexibility in future hours of operation should
they decide to operate later in the evening for residents who do not work standard business
hours (8am-5pm).
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
standard is not applicable to this project.
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
submitted landscape plans show a 6'vinyl coated chainlink fence along the perimeter of the
play areas which surround the building on the north, east, and south sides. Chainlink
fencing does not qualify as non-scalable fencing so the Applicant is required to revise the
fencing material. Staff is recommending a condition of approval to provide fencing
consistent with code requirements (i.e. wrought iron fencing or vertical steel tube fencing).
The outdoor play area may be reduced in size as a secondary consequence of requiring
more parking or a discharge/pick-up area along the north boundary of the site.However;
Staff is also recommending the building size be reduced which should not inherently require
the outdoor play areas also be reduced.
2. Outdoor play equipment over six feet(6)high shall not be located in a front yard or within
any required yard. The play equipment specifications being proposed are not known at this
time;Applicant will comply with this requirement with future applications.
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 requires Certificate of Zoning Compliance
(CZC) and Design Review approval prior to building permit submittal.All UDC dimensional
standards appear to be met with the submitted site plan but the Applicant shall comply with the
required dimensional standards at the time of CZC submittal.
Page 7
G. Access(UDC 11-3A-3, 11-3H-4):
Direct lot access is proposed along the west boundary via a driveway connection to N. Elsinore
Avenue, an existing local street that separates this commercial area from the apartment
development to the west.An additional driveway connection is proposed to the north property
boundary where an existing shared drive aisle exists. Therefore, cross-access is provided to the
east and north through the rest of the commercial subdivision which provides multiple accesses to
Meridian Road and McMillan Road. Because the shared drive aisle is not public and connects to a
local street,the access to N.Elsinore Avenue meets ACHD policy.
As part of this application,the Applicant performed a turn lane analysis for the Elsinore and
McMillan intersection to obtain data on existing traffic movements at this location for the purpose
of determining if any turn lanes are warranted.ACHD reviewed this analysis and agrees with its
findings—two dedicated turn lanes onto Elsinore Avenue are warranted with construction of this
development. According to the turn lane analysis and ACHD,the Applicant should construct a
dedicated westbound right-turn lane on McMillan and an eastbound center left-turn lane on
McMillan as well. Staff recommends the Applicant adhere to all ACHD conditions of approval
but is also including a specific condition of approval for this to ensure appropriate timing.
H. Parking(UDC 11-3C):
The proposed building is shown as 13,535 square feet,requiring a minimum of 27 parking stalls.
36 parking stalls are proposed to meet this requirement. In the specific use standards section
above, Staff has discussed adding two additional spaces at the south end of the parking area and
potentially adding more along the north while reducing the overall building size. Staff intends to
increase the availability of parking regardless of the proposed building size so Staff s
recommendations of reducing the building size should not be reflected in a change in the number
of parking spaces provided. Please see that section for those specific recommendations (Section
V.E).All parking and parking lot landscaping appears to meet minimum UDC standards.
I. Sidewalks(UDC 11-3A-17):
There is an existing five-foot(5) detached sidewalk along the south boundary adjacent to
McMillan Road and along the west boundary adjacent to Elsinore Avenue;no additional sidewalk
is required along the adjacent public roads. There is no existing sidewalk along the shared drive
aisle at the north boundary nor is there any along this drive aisle further to the east with already
developed parcels. The sidewalk along Elsinore and McMillan create a loop around the
commercial development which provides safe pedestrian access from the perimeter to the
commercial lots.
UDC requires that new commercial buildings provide 5-foot wide sidewalks from all public
entrances to the arterial sidewalks. The submitted plans show one such connection via striping
across the drive aisle and a small segment of sidewalk to the sidewalk along Elsinore;no other
sidewalk connections to the existing sidewalk network are proposed. Per UDC 11-3A-19B.4b,
pedestrian facilities that traverse vehicle use areas(including drive aisles and parking lots) shall
be constructed in a material different from the driving surface to clearly separate the pedestrian
facility from the driving surface—painted striping does not satisfy this requirement. Therefore,
Staff is recommending a condition of approval to revise the site plan to show any pedestrian
facility that crosses a driving surface be constructed with stamped or colored concrete,brick
pavers, or similar to meet this code requirement.
Code requires an additional connection to the sidewalk along McMillan Road,an arterial street,
and the most logical and feasible place for this to occur is by continuing the sidewalk south along
the front of the building and connect to the McMillan sidewalk within the existing landscape
buffer. In addition,with Staffs recommended changes to the north end of the site to add parking
Page 8
F-1
or create a pick-up/drop-off area, additional 5-foot sidewalk should be added adjacent to the new
vehicle use area to connect to the sidewalk at the front of the building for safe access to the
building.
Staff is recommending the site plan and landscape plan are corrected at the time of CZC submittal
to show the required sidewalk connections and any revisions to the site plan.
J. Landscaping(UDC 11-3B):
The project requires a 25-foot landscape buffer to McMillan Road, an arterial street, and a 10-foot
buffer to Elsinore Avenue,a local street,per C-G dimensional standards in UDC Table 11-2B-3.
Both of these required buffers are already existing and contain the detached sidewalk. However,
the submitted landscape plans do not show the existing buffers and landscaping and this should
be corrected with future plan revisions to ensure the adequate buffer width is maintained. Staff s
recommendations to revise the site plan to accommodate more parking should not alter any
landscaping requirements. In addition,the requirement to construct a right turn lane onto Elsinore
Avenue should also not affect the existing buffer because there is adequate space for this. Should
this not be true,the Applicant is required to maintain the minimum 25-foot buffer width.All other
landscaping proposed is for the parking lot landscaping and appears to meet UDC standards.
K. Fencing(UDC 11-3A-6, 11-3A-7):
Fencing is discussed in Section V.E with the specific use standards.
L. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual):
All new non-residential buildings require Administrative Design Review(DES) approval prior to
submitting for building permit. The Applicant has submitted conceptual elevations but did not
submit for concurrent design review;the design review will be completed and reviewed with the
CZC application. However,initial review of the submitted elevations show they do not appear to
meet all applicable architectural standards. The southwest corner of the building is shown with a
beautiful spire and architectural element that makes the entrance look like an old schoolhouse but
beyond that element,there is no other roof variation. Additional fenestration and wall modulation
should also occur,especially on the south and west elevations facing public streets to create
additional visual interest and pedestrian focus. Staff will analyze the elevations in more detail
with the future required DES submittal.
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.
B. The Meridian Planning&Zoning Commission heard this item on October 21, 2021. At the public
hearing.the Commission moved to approve the subject Conditional Use Permit request.
1. Summary of the Commission public hearing
a. In favor: Samantha Kozlowski,Applicant Representative
b. In opposition:None
c. Commenting: Samantha Kozlowski.
d. Written testimony: None
e. Staff presenting application: Joseph Dodson,Associate Planner
f. Other Staff commenting on application:None
2. Key issue(s)of public testimony:
a. None
3. Key issue(s)of discussion by Commission.
Page 9
F-I
a. Why Staff is recommending the site plan changes for additional narking:
b. Any examples in the City where lack of Parking has been an issue for Daycare facilities
and is there any additional parking available around this site.
4. Commission change(s)to Staff recommendation:
a. Per the Applicant's testimony and request,conditions 6.a and 6.c were stricken.
Page 10
VII. EXHIBITS
A. Site Plan(no date)NOT APPROVED
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Page 11
B. Landscape Plan(no date)NOT APPROVED
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Page 12
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Page 13
VIII. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning
1. The Applicant shall comply with all existing conditions of approval and Development
Agreement provisions including but not limited to: MDA-13-010 (DA Inst.# 113083665);
RZ-15-001; PP-15-002; FP-15-020; PBA-2021-0015.
2. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-9 for
Daycare Facilities.
3. The maximum number of allowable clients(children)at the facility at one time shall be
limited to one hundred and sixty-five (165)unless building/fire code limits this further; the
more restrictive number shall apply.
4. The daycare/pre-school shall operate between the hours of 6:00 am and 11:00 pm,per C-G
zoning district regulations outlined in UDC I I-2B-3.
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.
6. The site plan and landscape plan shall be revised as follows prior to the Commission Hearing:
a. Revise the site pla-a to show a r-edueed building size to aeeemmod4e additional pafk4ag
a4 the aeAh beendafy of the site adjaeent to the shared drive aisle similaf to what exists te
the east.
b. In accord with UDC I I-3A-19B.4, show any pedestrian facility that crosses a driving
surface be constructed with stamped or colored concrete,brick pavers, or similar;
e. Add a sidewa4k eenneetion from the site to the existing sidewalk aleng W. MeMill
Re Et, UDC r 3 n�z-z-19aT"EE6
d. Revise the type of fencing proposed around the perimeter of all play areas to be non-
scalable per the specific use standards listed in UDC 11-4-3-9 (i.e. wrought iron fencing
or vertical steel tube fencing);
e. Show the existing and required street buffers along N. Elsinore and W. McMillan. The
existing landscaping shall be protected during construction in accord with UDC 11-313-
10;
f. Include the turn lanes required by ACHD from W. McMillan Road to N. Elsinore
Avenue—an eastbound center left turn lane and a westbound right turn lane;prior to
Certificate of Occupancy for the building,the Applicant shall provide proof to the
Planning Division that these turn lanes have been constructed per ACHD requirements.
7. The Applicant or owner shall comply with all ACHD conditions of approval.
8. Prior to building permit submittal,the Applicant shall obtain Certificate of Zoning
Compliance and Administrative Design Review approval from the Planning Department.
9. Future development shall be consistent with the minimum dimensional standards listed in
UDC Table 11-2B-3 for the C-G zoning district.
10. Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-
12.
Page 14
11. Upon completion of the landscape installation,a written Certificate of Completion shall be
submitted to the Planning Division verifying all landscape improvements are in substantial
compliance with the approved landscape plan as set forth in UDC 11-3B-14.
12. The conditional use approval shall become null and void unless otherwise approved by the
City if the applicant fails to 1)commence the use, satisfy the requirements,acquire building
permits and commence construction within two years as set forth in UDC 11-5B-617.1; or 2)
obtain approval of a time extension as set forth in UDC 11-5B-6F.4.
B. Public Works Division
1. This project has two existing sewer services, one of which does not appear to be used. Any
unused services must be abandoned at the main that is to remain in service.
2. A 20 foot wide easement is required for all water main and up to all fire hydrants with a 5
foot radius easement around the hydrant.No permanent structures can be within this main
including but not limited to buildings, car ports,trash enclosures,trees,bushes, infiltration
trenches, light poles, etc.
3. Minimum separation between the water main and building must be 10 feet,which is currently
not met on the south end of the building.
4. Maintain a minimum of 4 feet separation from water main lines from the UE line.
5. On site water main should be minimized.
6. A street light plan will need to be included in the building permit application. Street light plan
requirements are listed in section 6-7 of the City's Design Standards.A copy of the standards
can be found at http://www.meridianciU.oMIgublic_works.aspx?id=272
C. Department of Environmental Quality(DEQ)
https://weblink.meridiancily.oL-glWebLinkIDocView.aspx?id=237614&dbid=0&repo=MeridianC
i &cr--1
D. Nampa&Meridian Irrigation District(NMID)
https://weblink.meridiancitr.org/WebLinkIDocView.aspx?id=237904&dbid=0&repo=MeridianC
Lty
E. Ada County Highway District(ACHD)
https:Ilweblink.meridiancity.ore/WebLink/Doc View.aspx?id=239713&dbid=0&r0o=MeridianC
iv
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 appears to meet all the dimensional and development regulations in the C-G zoning
district for the proposed use and will be verified upon CZC submittal. ranch t r e m n ,,, a a
Commission finds the site is large enough to accommodate the
proposed use.
Page 15
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 residents with easy access to and from the
site.
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 should be compatible with the
residential and commercial uses in the close vicinity and the existing and intended character of
this mixed-use area.
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 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.
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 in this area due to the proposed use and clients dropping off and
picking up children, Staff finds the conditions of approval of the City and ACHD mitigate
negative outcomes from the proposed use; 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 and finds the
proposed use should not result in damage of any such features.
Page 16