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Knighthill Childcare Facility H-2022-0070 Findings CITY OF MERIDIAN f IDIAN�-- FINDINGS OF FACT, CONCLUSIONS OF LAW AND IDAHO DECISION& ORDER In the Matter of the Request for Conditional Use Permit request for a Daycare Facility(more than 12 children)located on approximately 1 acre of land in the C-G zoning district,by Ethan Mansfield,Hawkins Company,Located at 6241 N.Linder Road in the C-G Zoning District. Case No(s).H-2022-0070 For the Planning& Zoning Commission Hearing Date of. November 17,2022(Findings on December 1,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of November 17, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of November 17, 2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 17, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 17, 2022, 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). Wighthill Center Childcare Facility(H-2022-0070) 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 November 17,2022,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 November 17,2022, 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 11-5B-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. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). Wighthill Center Childcare Facility(H-2022-0070) Page 2 G. Attached: Staff Report for the hearing date of November 17,2022. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). Wighthill Center Childcare Facility(H-2022-0070) Page 3 By action of the Planning&Zoning Commission at its regular meeting held on the 1 st day of December ,2022. COMMISSIONER ANDREW SEAL, CHAIRMAN VOTED COMMISSIONER MARIA LORCHER,VICE CHAIRMAN VOTED COMMISSIONER NATE WHEELER VOTED COMMISSIONER STEVEN YEARSLEY VOTED COMMISSIONER PATRICK GRACE VOTED COMMISSIONER MANDI STODDARD VOTED Andrew Seal, Chairman 12-1-2022 Attest: Chris Johnson, City Clerk 12-1-2022 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: 12-1-2022 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER CASE NO(S). Wighthill Center Childcare Facility(H-2022-0070) Page 4 EXHIBIT A STAFF REPORTC� fE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O HEARING 11/17/2022 Legend DATE: Project Location ----T TO: Planning&Zoning Commission FROM: Joe Dodson,Associate Planner 208-884-5533 SUBJECT: H-2022-0070 Knighthill Center Childcare Facility ®� LOCATION: 6241 N. Linder Road generally located g Y o0 at the southwest corner of N. Linder Road and W. Chinden Boulevard. ®� 4 I. PROJECT DESCRIPTION Conditional Use Permit request for a Daycare Facility(more than 12 children)located on approximately 1 acre of land in the C-G zoning district,by Ethan Mansfield,Hawkins Company. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1 acre Future Land Use Designation Mixed-use Community Existing Land Use(s) Vacant Proposed Land Use(s) Commercial—Daycare Center Lots(#and type; One(1) existing building lot(existing approvals for a bldg./common) Short Plat to subdivide the property into 2 lots) Neighborhood meeting date July 27, 2022 History(previous approvals) AZ-06-006; PP-13-031; FP-14-020; MDA-13-019 (DA Inst. #114014784); SHP-2022-0006. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes, staff letter Page 1 Description Details Page • Requires ACHD No Commission Action es/no Access No direct lot access to the public street network. (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Stub Cross-access to adjacent parcels is already in place Street/Interconnectivity/Cross with the commercial subdivision via the shared drive Access aisles and existing cross-access easement. Existing Road Network Yes Fire Service • Distance to Fire Station Within a quarter mile of Station#5, located on Linder Road to the south. • Fire Response Time Within a 5-minute response time goal. Page 2 Ors. 0-7-r CHINDEN --CHINDEN - mnnnu I,nnnn■nnn ��• LU 1 lEmmons KIMmono ;C - Il a onglli>< rrl�r li3O a�,J Emmons ■ Inn■■l1 gnnn■n o �yyy�_�� iililil �.:T :1 - • ! - ,mo■11►�i.A'Af�RtJ won11 1 a .-,� `1 i -- nnunu■ ■�I�� as N llll■ �111 "- £; \ iiii� an annr ��Inn a ml _ , ��,• -,� �� am■ •mnum mn n� ■ fifi . mnnn■r mom■_ s � -- .1� i'y mi. .■aeon iaanON onion irin#�•:�Iu11i■anal•.nu!■■=_• C � t - �,� ` - iaail r rr iaali on Nis rI aaal■ `er ■�■■la■■llll ■allarl■■== ,_ 1 � , 1 • i 1 • 1 1 , i NisCHINDEIN HINDEN - :::: nnnminm mom � * �: � mm�nnun mom- ■n= lan■nu mormomo s = ln,■nu mournr 1 : ■■■ lllll L : I,,,,,,1„■aallllrydl ■rr■rl,l,■ smog LU ■sa■oilr■■n, smog moaunn �, . Z e :u .-ae ■aaaiilR f � ■rrrn,n �■■ '��'�� .u.rAmino.. 1 JJ:��r ►.a nalailli 1 JJ'�r Inlala111� ggllll,ll„ allllll Inlala111� AIg,1,■,,,g■■■,,,la nI Ell allllll Ia11 ww 111,,,1„la� � IlIllaii �w III •L �riiiiii:i =■ iiii '�unrr■all sill r r�,/rlgllllll■- v �� a� ♦ r�lr,gllllll■- ill �� ■1�� r�nnummo- ■1�� ��nnunu■- Iliir � ■�I�� la N nnn� 1 ■���� la �i nnn�� ,r� �111 iip,111 a■i aaala! �1liaai 11 1111 Emmons [,i atria! �1liaai 11 1111 aaai r iaa„aaaaa !!!!■■1 aaai •a■a,■aaaaa moss■■■1,� �_ i■■■■■■■a,f !!!!■■�. . i!llllaaa,f !moss■■. aaai ■I - III aaai - III I■■■■■i i■■■■,l ■■r„ - .w aaalali iaaal,l r•■■r■, --• nnl�I•:�Io11 in,aoi■■n■■!■■s=L iuii�I:• Iuin■unoi■■moss■■■__• • *�i ierii iiiiiaa�iaiiiiii■=L%r roil r ii ii Nos....■= 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(hgps://www.meridiancity.org/compplan) Mixed-Use Community(MU-C): The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial-type buildings.Non-residential buildings in these areas tend to be larger than in Mixed Use Neighborhood(MU-N) areas,but not as large as in Mixed Use Regional(MU-R) areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to(up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. 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 MU-C. The proposed use can serve both the immediate area and the nearby community at large. The proposed location is within the center of a relatively small commercial development but very nearby existing residences to the south and southwest. Stafffinds the proposed use will provide a needed use for the nearby community and offer employment opportunities beyond typical retail jobs. The daycare use is a needed use throughout the City and providing it nearby 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 future land use designation of Mixed-use Community, especially in combination with the existing commercial uses in the Knighthill Center development.In addition,Staffs access analysis is below in sections V.E& V.G. B. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan): • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play, and work nearby,thereby reducing vehicle trips, and enhancing overall livability and sustainability"(3.06.02B).As noted, the subject area is part of a mixed-use designation on our future land use map. Staff finds adding a daycare use in this location introduces a needed community serving use to the immediate area and is located within walking distance of several existing residences. Further, this property will have convenient pedestrian access to the adjacent subdivision to the south, therefore promoting overall sustainability and the benefits of having a supportive commercial use nearby residential. • "Encourage the development of supportive commercial near employment areas" (3.06.02C). The subject daycare is proposed within an existing commercial development and is also directly west of the Linder Village mixed-use project that includes a new WinCo grocery store and multiple other commercial uses; the WinCo, at a minimum, is Page 4 an employment center. Therefore, the proposed daycare should provide a supportive use to all of the businesses along this Chinden Boulevard frontage. • "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). See above analysis—Staff finds the proposed location and use to be consistent with this policy. • "Require appropriate building design, and landscaping elements to buffer, screen, beautify, and integrate commercial,multifamily, and parking lots into existing neighborhoods."(5.01.02D). The location of the subject daycare is proposed within an existing commercial development with drive aisles to the west, north, and east. The Applicant is required to provide landscaping adjacent to these vehicle-use areas to help beautify the design and also help reduce the area of asphalt or other impermeable surfaces. Between this proposed building an additional commercial building pad site and a 25 foot wide landscape buffer will be constructed to the south providing for additional screening between this commercial development and the existing subdivision to the south. C. Existing Structures/Site Improvements: The subject site has portions of existing shared drive aisles on the subject parcel as it is located centrally within an existing commercial development. Further,the subject site is part of an approved short plat that has subdivided the existing lot into two commercial building lots. A Salon is administratively approved on the building lot to the south but has not received building permit approval. D. Proposed Use Analysis: A Daycare Center(more than 12 children) is listed in UDC Table 11-2A-2 as a conditional use in the C-G zoning district, subject to the specific use standards noted below. See the narrative included in the application for more specific details on the proposed use from the Applicant's perspective. Staffs specific analysis is below. 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.According to the submitted narrative, a maximum of 180 children are expected to be served by this daycare center with a daily average number of children to be 80%of the maximum (approximately 144 children); the number of staff members will be determined by the state required student/staff ratios. In addition, the narrative describes the anticipated ages of the children served to be six weeks to five years old with some after-school care for children up to eight years old. 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) and subsequently requires a Conditional Use Permit to be approved within the C-G zoning district. 2. On-site vehicle pick-up,parking, and turnaround areas shall be provided to ensure a safe discharge and pick-up of clients. The submitted site plan shows a two-way, 25 foot wide drive aisle along the north side of the new building with parking on the west side of the building as well; the total parking proposed is 46 parking spaces. In addition, the subject site has shared drive aisles to the east and west of the building providing multiple points of ingress and egress for this building and proposed Page 5 use as well as the other commercial uses within the overall development. The building is shown as approximately 10,000 square feet requiring a minimum of 20 parking spaces per code requirements for nonresidential uses (1 space/500 square feet). Therefore, the Applicant is proposing parking over code requirements. The site plan does not show any dedicated pick- up/drop-off location other than the parking spaces and through the narrative, the Applicant describes this design as intentional because their policy is for parents to park their vehicles to drop off and pick up their children. In addition, the Applicant is proposing bollards along the entire east boundary adjacent to the shared drive aisle to help increase the safety of the proposed outdoor play areas along the east side of the building. Staff supports the inclusion of these bollards for the project. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval.As discussed above, the submitted narrative states the daycare will serve children from as young as 6 weeks in age to as old as 8 years of age. The building will have multiple rooms for different age groups and expects to serve a maximum of 180 children. However, the narrative also discusses that an average of 80%capacity is the normal operating number of children served. To ensure adequate variation in the number of children at this proposed daycare and to help minimize any potential issues with the proposed use and site, Staff recommends a condition of approval that limits the number of children to 90%of the noted maximum of 180 children, which equates to 162 maximum children at any one time. Staff has written a condition of approval commensurate with this recommendation. Note: State-required child/teacher ratios may limit this capacity further at any one time. 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 before the issuance of a 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 will not be directly adjacent to a residential district once the short plat is finalized. In addition, the overall subdivision approvals require a 25 foot buffer with a berm and trees that touch at maturity. Therefore, Staff finds there will be adequate screening between the two uses, and because of the short plat, the limited hours of operation are not applicable. However, the Applicant has stated their normal operating hours are from 6:30 AM to 6:30 PM which is included as a condition of approval. 6. Before the submittal of an application for an accessory daycare facility in a residential district, the applicant or owner shall hold a neighborhood meeting by 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 does not apply to this project. B.Additional standards for daycare facilities that serve children: 1.All outdoor play areas shall be completely enclosed by a minimum of 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 privacy fence along the perimeter of the play area on the east side of the building and the south and west sides of the building to screen the play areas and service doors for employees. The applicant complies with this standard. Page 6 2. Outdoor play equipment over six feet(6)high shall not be located in a front yard or within any required yard. There are no required yards within the C-G zoning district where this project is proposed. Further, the proposed play equipment that is taller than 6 feet in height is located on the side of the building and not in the front. 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 a Certificate of Zoning Compliance (CZC) and Design Review approval before building permit submittal. All UDC dimensional standards appear to be met(i.e.parking dimensions, drive aisle widths, sidewalk widths, etc.) with the submitted site plan but the Applicant shall comply with the required dimensional standards at the time of CZC submittal. G. Access(UDC 11-3A-3, 11-3H-4): As discussed above,the subject commercial lot is located centrally within a commercial subdivision and does not have any direct lot access to a public street. Instead, access to the nearby public streets(Chinden Boulevard and Linder Road) is via shared commercial drive aisles. Specific to this site, shared drive aisles are located along the west,north, and east property boundaries. There is an existing cross-access easement on each of these drive aisles as depicted on the approved plat for the Knighthill Center Subdivision and the recently approved short plat to subdivide the subject property. Because there is no direct lot access to public roadways and each roadway is constructed to its full anticipated widths,ACHD did not require a Traffic Impact Study nor any road improvements with this application. In addition to the shared drive aisles providing access to the subject lot, the Applicant is proposing a new two-way drive aisle along the north boundary with two rows of parking spaces and a new row of parking spaces along the west boundary for vehicular access to the proposed daycare center. The proposed drive aisle is depicted as 25 feet wide for two-way traffic, consistent with code requirements. Additional analysis is in the Parking section below. H. Parking(UDC 11-3C): The proposed building is shown as approximately 10,000 square feet,requiring a minimum of 20 parking stalls. 46 parking stalls are proposed for the subject daycare center exceeding code requirements by over 200%. The Applicant is also proposing over twice the required amount of parking spaces to meet the specific use standard requirement of providing a safe pick-up and drop-off location for parents and children. According to the operational narrative provided, the business model for the proposed daycare center is for each parent to park and pick up/drop off their children in person inside the building;parents are not allowed to simply drive by to pick up/drop off their children. So long as the future daycare user can maintain this operational standard, Stafffinds the proposed number of parking spaces to be sufficient to meet the specific use standards and exceed the minimum code requirements. Staff notes that all of the parking spaces are shown to be 9 feet wide and 19 feet deep, consistent with code requirements. However, the sidewalk adjacent to the parking along the west side of the proposed building is not at least 7 feet wide so the Applicant is required to place curb stops within all of these spaces to ensure vehicle overhang does not impede safe pedestrian access on the sidewalk. Staff has recommended a condition of approval consistent with this requirement. Page 7 I. Sidewalks(UDC 11-3A-17): There is no existing sidewalk within the subject daycare property. There is a short segment of a 5- foot wide sidewalk near the southeast corner of the larger property that will not be part of this daycare lot after the recordation of the latest short plat. The Applicant is proposing several sidewalks around the proposed daycare building for pedestrian access.A 5-foot wide sidewalk is proposed along the east boundary attached to the existing shared drive aisle.An 8-foot minimum wide sidewalk is proposed along the north side of the building as this is the public entrance for the daycare center. The Applicant is proposing an 11 foot wide sidewalk along the west boundary with five feet of it being enclosed within a fence for employee access around the west and south sides of the building. Lastly, the Applicant is proposing sidewalk ramps at the very northeast corner of the site to satisfy the UDC requirement that new commercial buildings provide 5-foot wide sidewalks from all public entrances to the arterial sidewalks. These ramps set up access to the existing sidewalks within the commercial subdivision that connects to the arterial sidewalks along Linder and Chinden. This pedestrian connection also traverses the new east-west drive aisle proposed with this project but is only depicted with striping. 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 separate the pedestrian facility from the driving surface painted striping does not satisfy this requirement. Therefore, the Staff is recommending a condition of approval to revise the site and landscape plans to show this pedestrian facility to be constructed with stamped or colored concrete, brickpavers, or similar to meet this code requirement. 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 proposed site design project requires parking lot landscaping per UDC 11-3B-8 standards. According to the submitted plans,the Applicant complies with these standards except for the required 5 feet of landscaping along the east boundary adjacent to the shared drive aisle. The Applicant depicts the required 5 feet of landscaping, the children's outdoor play area, and proposed bollards between the two for added protection along the drive aisle.According to the Applicant, they do not wish to reduce the play area to accommodate the 5 feet of landscaping and cannot shift the building to the west the full 5 feet either. Staff finds it is feasible to meet this standard in a number several the Applicant is entitled to request Alternative Compliance to these standards. Tentatively, Staff and the Applicant have discussed reducing the sidewalk area on the west side of the building by approximately 2 %feet to shift the entire site to the west this distance and add landscaping behind the proposed sidewalk. 2 Y2 feet will not accommodate the code- required trees but would accommodate the required shrubs and vegetative ground cover and allow for an increased buffer to the shared drive aisle. The Applicant should submit for Alternative Compliance with future administrative approvals to provide an equal or superior means of complying with the UDC 11-3B-8 standards. K. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): All new non-residential buildings require Administrative Design Review(DES)approval before submitting for a building permit. The Applicant has submitted conceptual elevations but did not submit them for concurrent design review; the design review will be completed and reviewed with the CZC application. With the initial review of the submitted elevations, Staff is concerned the depicted elevations do not meet applicable architectural standards. Specifically, Staff is concerned the required Page 8 qualifying wall modulation is not being proposed. Staff does find the proposed elevations to comply with the architectural elevations within the Development Agreement that are also required to be adhered to. Elevations submitted with the administrative design review application should comply with the ASM and the designs included in the recorded DA. 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 November 17. 2022. 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: Ethan Mansfield.Applicant b. In opposition:None C. Commenting: Ethan Mansfield 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. a. Location of children's play areas on the east side and inclusion of bollards versus landscaping: 4. Commission change(s)to Staff recommendation: a. None Page 9 VII. EXHIBITS A. Site Plan(dated: 8/12/2022): r,.. �..(.T--r I r i r.. ——� -- m --- — 7tr-- ----� --- L———————- N.GEFMEPVCE 229.12-� _ N.GEI7E PL4tF_ — ------------------------------------ --- _ ' Y 5 F4wrr1y I I � E IL I ! No"O11T 96M I I I 17,CRP39 ACCEM EASE" 32'CRCSS tCCE55 Fi5EYEH1 P"eOEQ'TM.$H a I TrI E ENCUMURE JI I I I I I I II I I I I `■ +1W.SED MUM i i I p INFANT C_ PLAYGROUND 24 NQ2 dl RUGER uPR3E4S 3UBMUI04 I I 31 (3DOK%%.PAGE KNI' f•a LOT I.ROCK -I lam r. I w I j I PROPOSED9lfILDING ' FLAW AREA j v I I Ia.CGO F ±5.0m 5F I I Q I PARKING REQUIRED I 20 I PARKING PROVIDED I I q{ :' OLDER RID& PLAYGROUND I I I I I I I I - I � I I I c-G jI RUGER GARDENS SU6'aIYl51OH I I (aDOKKX.PAGE KNI I ' + LOT2,3L0CK1 :Tr--- -- —+L--- Page 10 B. Landscape Plan(8/12/2022): me TREE FER M LE 4 IWES E EWRED {6}TWO PNOMGED N.GER-IE PLACE 1J a O r I t � � I yl,-, I • �I C, r I I I I ' I f I } w4 O I I � I I I ` FLAYGROUND I I I fi�f I x I r: .—,—. 3'RDF'45E6ESIHLpN6 e I I I I I IM1r I , PLAYGMUND '--� I I I I I I ' �i II II n e-CMTS EaSEL.nT K KNGHMLL CaTH I-- __II I ' . -ER E45E18.T INrE no. JnIN'k�4 4, a a_,gP.xu LANDSCAPE PLAN a z,a aG as GIMER LL LANDSCAPE NOTES Page 11 C. Conceptual Building Elevations (NOT APPROVED) .PING ALL HEIGHT31'8" rRo�r To UNITS �rsz L 9 PING' a 818'2� � - I 37I i _ i s., f s a I g= I G HE DER F o,R �LINTaF�Ns/F��R. 40 E I HxEo vnuoows EIF93 EIFE-2 I i �r_�•4 1TMP.L____________________ ______________ FWIIEIOF—INFOLEG OFY— f — Qa MEa II ,,s<I�Eo �E�LLH GHTz . G. grR El- �_LaTla IPLG-�nI — ). _— ��iT 4azz2ffim 1, — V —i �EIPS3 `EIF32 6LL-9 0 r�....._. —L4GEL911➢U1F`L -�>---L P.L------------------G� ---------J �^� — " UIL TY GGMPAnY �Z ILL—HATED — - z� s ITL "I l S CPAK ROV� SIGN Fsrz �� G- P Sir HEIGHT 214- 11 G t 1 A GON�3w,H To_c. EIF3.'! EIFS 1 Y • FLGIX2 CA`�` I1UN rH,N J N'EniHERPR00.. E1f9-t nE�rnw,vfrvP_1 I—,REF.ELEc.E—) aorvn ECTlory �STQRM GRAINAGE5YSlEN�(iYP.liro L, -� - _—_—_— -Y-•_—_—_— -_.1.11N.111 �L P TiI ______ eFST __ _— —__ 0. >� / 11 I I I� I eiPs� elslrsl wlnoowsinPp �slu-s7 - x-RtrcR —­64 c.o LEIx Tr FCRnwT REF.LLEc.owGs.�v: EVTnaE EAaTYP�lary wait TY'R F�ELer,,p',Nos.l rau Aoon­ R IrvraamnTloN nr,o o-�nL_ Page 12 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 AZ-06-006; PP-13-031; FP-14-020;MDA- 13-019 (DA Inst. #114014784); SHP-2022-0006. 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-two(162)children unless the 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 7:00 pm. 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 before 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 with the Certificate of Zoning Compliance(CZC) and Design Review(DES)applications: a. Revise the site plan to show compliance with UDC 11-3B-8,Parking Lot Landscaping standards OR apply for Alternative Compliance approval to propose an equal or superior means of compliance. b. In accord with UDC 11-3A-19B.4, show any pedestrian facility that crosses a driving surface to be constructed with stamped or colored concrete,brick pavers,or similar. 7. The Applicant or owner shall comply with all ACHD conditions of approval. 8. Before building permit submittal,the Applicant shall obtain a Certificate of Zoning Compliance and Administrative Design Review approval from the Planning Department. 9. Future development shall be consistent with the Architectural Standards Manual and the elevations contained within the existing Development Agreement(DA Inst. #114014784). 10. Future development shall be consistent with the minimum dimensional standards listed in UDC Table I 1-213-3 for the C-G zoning district. 11. Comply with the outdoor service and equipment area standards as outlined in UDC 11-3A- 12. 12. 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 outlined in UDC 11-3B-14. 13. 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 outlined in UDC 11-5B-6F.1; or 2) obtain approval of a time extension as outlined in UDC 11-5B-6F.4. B. PUBLIC WORKS DEPARTMENT Site-Specific Conditions of Approval Page 13 1. Ensure no sewer services cross infiltration trenches. General Conditions of Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. The minimum cover over sewer mains is three feet,if the cover from the top of the pipe to the subgrade is less than three feet then alternate materials shall be used in conformance with the City of Meridian Public Works Departments Standard Specifications. 2. The applicant shall provide easement(s) for all public water/sewer mains outside of the public right of way(including all water services and hydrants). The easement widths shall be 20 feet wide for a single utility, or 30 feet wide for two. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2" x I I"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed, and dated by a Professional Land Surveyor. DO NOT RECORD. 3. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas before receiving development plan approval. 4. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to comply with MCC. 5. All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing, or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 6. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide a record of their abandonment. 7. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 8. All improvements related to public life, safety, and health shall be completed before occupancy of the structures. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,before the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. Page 14 14. The applicant's design engineer shall be responsible for the inspection of all irrigation and drainage facility within this project that does not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed by the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 15. After the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved before the issuance of a certification of occupancy for any structures within the project. 16. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for a duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit,or bond. Applicants must apply to the surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. Ada County Highway District(ACHD) hops://weblink.meridiancity.org/WebLink/Doc View.aspx?id=276652&dbid=0&repo=MeridianC ky 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 will be verified upon CZC submittal. Commission finds the site is large enough to accommodate the proposed use based on the submitted plans and operational narrative. 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. Page 15 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 because of excessive production of traffic,noise, smoke, fumes, glare o,r odors. Although traffic may increase in this area due to the proposed use and clients dropping off and picking up children, Staff finds the proposed operational methods and site design 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 to any such features. Page 16