Bright Start Pre-School (Daycare Center) CUP-10-008CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF E IDIAN~--
LAW AND I D A H O
DECISION & ORDER
In the Matter of Conditional Use Permit for aPre-School (Daycare Center) Serving up to
48 Children in a C-G Zoning District for the Property Located at 2250 N. Meridian Road
in the C-G Zoning District, by Colette Culp & Heidi Limbach.
Case No(s). CUP-10-008
For the Planning and Zoning Commission Hearing Date of: August 19, 2010 (Findings on
August 19, 2010)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of August 19, 2010,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of August 19, 2010,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August
19, 2010, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of August 19, 2010, 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 August 6,
2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-10-008
Page 1
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.
7. That this approval is subject to the Conditions of Approval in the attached Staff Report
for the hearing date of August 19, 2010, 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-SA and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
The applicant's Conditional Use Permit as evidenced by having submitted the Site Plan
attached in Exhibit A of the staff report dated August 19, 2010, is hereby conditionally
approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of August 19, 2010, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a
maximum period of eighteen (18) months unless otherwise approved by the City.
During this time, the applicant shall commence the use as permitted in accord with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
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 recorded within this eighteen (18) month period. For projects with
multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the
event that the development is made in successive contiguous segments or multiple
phases, such phases shall be constructed within successive intervals of one (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the future phases shall be null and
void. Upon written request and filed by the applicant prior to the termination of the
period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-10-008
Page 2
Commission maybe 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 plat
or 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 maybe filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which maybe adversely affected by the issuance or denial of
the conditional use permit approval 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 August 19, 2010.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-I 0-008
Page 3
By actin of the Planning & Zoning Commission at its regular meeting held on the ~ ~i
day of -~ tC ca~~ 2010.
COMMISSIONER MICHAEL ROHM
(Chair)
COMMISSIONER SCOTT FREEMAN
COMMISSIONER WENDY NEWTON-HUCKABAY
COMMISSIONER TOM O'BRIEN
VOTED ~,
VOTED ~,(~ (,~
VOTED (,~
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VOTED_ (~(' C~
COMMISSIONER JOE MARSHALL VOTED ;E? Cam,
Attest:
aycee I~Yman, City Clerk
Copy served upon Applicant,
Attorney.
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The Planning Department, Public Works Department and City
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-10-008 .
Page 4
STAFF REPORT Hearing Date: August 19, 2010
TO: Planning & Zoning Commission
FROM: Sonya Wafters, Associate City Planner
208-884-5533
SUBJECT: CUP-10-008 -Bright Start Pre-School
E IDIAN~--
IDAHO
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicants, Colette Culp and Heidi Limbach, have applied for conditional use permit (CUP)
approval of apre-school (daycare center) serving up to 48 children per day in a C-G district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the
Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report.
The Meridian Planning and Zoning Commission heard this item on August 19. 2010. At the
public hearing. they moved to approve CUP-10-008.
a. Summary of Commission Public Hearing:
i. In favor: Colette Culg
ii. In opposition: None
iii. Commenting: Cynthia Sciscoe
iv. Written tesNmonv: Colette Culg
v. Staff presenting application: Sonya Waters
vi. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. Maintaining access to irrigation water for any authorized down stream users.
c. Kev Commission Changes to Staff Recommendation:
i. Clarify condition #l.ld to ensure authorized downstream users of the irrigation
ditch retain access to irri ation if the ditch is i ed or otherwise covered.
W,t.1er
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-10-
008 as presented in the staff report for the hearing date of August 19, 2010, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny CUP-10-008 as presented
during the hearing on August 19, 2010, for the following reasons: (You should state specific reasons
for denial.)
Continuance
I move to continue File Number CUP-10-008 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
2250 N. Meridian Road (Parcel No. 87039000515 & 87039000605)
PAGE1
B. Owner(s):
Neilson Inc.
P.O. Box 855
Meridian, ID 83686
C. Applicant:
Colette Culp and Heidi Limbach
3924 N. Longabaugh Ave.
Meridian, ID 83646
D. Representative: NA
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit. A public hearing is required before the
Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: August 2, and 16, 2010
C. Radius notices mailed to properties within 300 feet on: July 22, 2010
D. Applicant posted notice on site by: August 8, 2010
VI. LAND USE
A. Existing Land Use(s): The structure on this site is currently vacant. It was previously occupied by
a construction company office.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by
residential property, zoned R-40; a church across Meridian Road to the west, zoned L-O; and
commercial (Curriculum Cottage) to the south, zoned C-C.
C. History of Previous Actions:
• This property consists of portions of Lots 2 and 3, of J. E. Pfost's Subdivision, platted in
1908. The boundary of the site was adjusted through Record of Survey No. 612.
• The 1.1 acre portion of this site where the existing structure is located was annexed in
1982 (Ordinance No. 414).
D. Utilities:
1. Public Works:
a. Location of sewer: Currently served from N Meridian Road
b. Location of water: Currently served from N Meridian Road
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: There is a shallow ditch that runs along the southern portion of this
site.
PAGE 2
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: A portion of this site lies within flood zone XS but is not within the floodplain.
F. Access: Access for this site is depicted on the site plan via N. Meridian Road.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated "Mixed Use -Neighborhood (MU-N)" on the Comprehensive Plan
Future Land Use Map. Per the Comprehensive Plan (page 103), the following standards apply to MU-
N areas: Up to 10 acres may be non-residential uses; up to 100,000 square feet of non-residential
building area; residential densities of 3 to 8 dwelling units per acre. Sample uses include: grocery
stores, drug stores, coffee/sandwich shops, dry cleaner/Laundromat, salons, daycare, professional
offices, medicaUdental clinics, retaiUgift shops, schools, parks, churches, clubhouses, and public uses.
Staff finds the proposed pre-school (daycare center) is a compatible use for this property.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned
for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian currently provides municipal services to the subject
property in the following manner:
• Sanitary sewer and water service is provided to the property.
• The lands are serviced by the Meridian Fire Department (MFD).
• The lands are serviced by the Meridian Police Department (MPD).
• The roadways adjacent to the subject lands are currently owned and maintained by the Ada
County Highway District (ACHD). This service will not change.
• The subject lands are currently serviced by the Meridian School District #2. This service will
not change.
• The subject lands are currently serviced by the Meridian Library District. This service will
not change.
Municipal, fee-supported, services will continue to be provided by the Meridian Building
Department, the Meridian Public Works Department, the Meridian Water Department, the
Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing
Services, and Sanitary Services Company.
• Chapter VII, Goal I, Objective B (page 109) -Plan for a variety of commercial and retail
opportunities within the Impact Area.
Staff is of the opinion that s the proposed pre-school will contribute to the variety of educational
and commercial opportunities available within the City.
• Chapter VII, Goal IV (page 112) -Encourage compatible uses to minimize conflicts and
maximize use of land.
Staff is of the opinion the proposed use of this property is compatible with surrounding
residential, church, and commercial uses for the following reasons: 1) the pre-school will serve
the needs of nearby residents; 2) the appearance of the structure is consistent with adjacent
buildings as it is a former dwelling; and 3) its location on an arterial street will not create
additional traffic which would affect other properties.
PAGE 3
• Chapter VII, Goal IV, Objective D, Action 2 (page 114) -Restrict curb cuts and access points on
collectors and arterial streets.
One access to the site is provided via N. Meridian Road, a minor arterial street.
• Chapter VII, Goal 1V, Objective D, Action 5 (page 114) -Require appropriate landscape and
buffers along transportation corridor (setback, vegetation, low walls, berms, etc.).
A 25 foot wide landscape buffer is required to be provided along N. Meridian Road, an arterial
street, as required by UDC Table I1-2B-3.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail
and service needs of the community in accordance with the Meridian comprehensive plan. Six (6)
districts are designated which differ in the size and scale of commercial structures accommodated
in the district, the scale and mix of allowed commercial uses, and the location of the district in
proximity to streets and highways.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-21ists the permitted,
accessory, conditional, and prohibited uses in the C-G zoning district. The proposed pre-school is
classified as a daycare center which is a conditional use in the C-G zoning district. The proposed
use shall comply with the specific use standards listed in UDC 11-4-3-9 for daycare facilities.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the C-G
zoning district apply to this site.
D. Landscaping Standards (UDC 11-3B):
1. Width of street buffer(s): 25 feet along N. Meridian Road, an arterial street
2. Width of buffer(s) between land uses: NA
3. Percentage of site as open space: NA
4. Tree Preservation: NA
E. Off-Street Parking: UDC 11-3C-6B requires one off-street vehicle parking space for every 500
square feet of gross floor area in commercial districts for non-residential uses. The total square
footage of the building is 1,796. Based on this amount, a total of 4 parking stalls are required. A
total of 7 parking stalls are provided on the site.
UDC 11-3C-6G requires one bicycle parking space be provided for every 25 proposed vehicle
parking spaces or portion thereof. Based on 7 parking stalls, a minimum of 1 bicycle parking
space is required in accord with the standards listed in UDC 11-3C-SC.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Conditional Use Permit: The request is for conditional use permit approval of a 1,796 square
foot pre-school facility (daycare center) for up to 48 children per day in a C-G zoning district, as
required by UDC Table 11-2B-2. The facility will serve 3 to 5 year old children with three
separate classrooms offering several different class schedules throughout the day.
The site plan submitted by the applicant includes a separate parcel of land consisting of 0.19 of an
acre along the south property boundary where the parking for the site exists that is depicted on the
zoning map as being zoned RUT in Ada County; however, it has a City tax code and the property
owner has been paying City taxes on the property since 1998. Staff is researching this issue
PAGE4
further with the Assessor's office to determine if an error was made in the original annexation. If
there was not an error and the 0.19 acre portion of site is still in the County, the applicant/owner
shall have one year from the date of this approval to obtain annexation and zoning approval from
City Council.
Driveway: The paved driveway shown on the site plan is 11 feet wide. In order to accommodate
traffic entering and exiting the site, staff recommends the driveway pavement be widened to 20
feet.
Ditch: The ditch along the south property boundary is required to be improved as a water
amenity, piped, or otherwise covered in accord with UDC 11-3A-6A.
Landscaping: A 25-foot wide landscape street buffer, measured from the back of sidewalk, is
required to be provided along N. Meridian Road per UDC Table 11-2B-3 in accord with the
standards listed in UDC 11-3B-7C. Per these standards, a minimum density of 1 tree per 351ineal
feet of street frontage is required along with vegetative groundcover; the landscape plan shall be
revised to reflect 6 trees and vegetative groundcover within the buffer in accord with these
standards. Additionally, there is a concrete tennis court that exists at the northwest corner of the
site that encroaches into the landscape street buffer along Meridian Road. Per UDC 11-3B-7C.6,
impervious surfaces such as this are not allowed within the buffer. Therefore, the portion of the
tennis court that encroaches within the street buffer shall be removed. The applicant may request
alternative compliance to this requirement through UDC 11-SB-B.
A 25-foot wide landscape buffer is required adjacent to residential uses per UDC Table 11-2B-3.
Because only the southern portion of this property is proposed to be used for the daycare and
there is approximately 95 feet of property that separates the outdoor play area from the adjacent
residential property to the north, staff is not recommending a buffer to residential uses be
provided at this time. Upon full development of this site in the future, if residential uses adjoin
the site, a buffer will be required.
Fencing: In accord with UDC 11-4-3-9B.1, all outdoor play areas are required to be completely
enclosed by minimum 6-foot tall non-scalable fencing to secure against exit/entry by small
children and to screen abutting properties. The fencing material shall meet the swimming pool
fence requirements of the building code in accord with Title 10 of Meridian City Code. The site
plan depicts fencing around the play area. Fencing details shall be submitted with the CZC
application.
Specific Use Standards: There are specific use standards listed in UDC 11-4-3-9 that apply to
daycare facilities that the applicant shall comply with. Staff has reviewed the application for
compliance with these standards and included any outstanding issues as conditions of approval.
Hours of Operation: The proposed hours of operation are between 9 am and 5 pm. Because the
property adjoins a residential use on the north, UDC 11-4-3-9A.5 states the hours of operation
shall be limited to between the hours of 6 am and 11 pm.
Certificate of Zoning Compliance: A Certificate of Zoning Compliance is required for the
change in use of the site from an office to a daycare center. The applicant will be required to
submit a revised site/landscape plan that demonstrates compliance with the conditions of approval
listed in Exhibit B with the Certificate of Zoning Compliance application.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map & Aerial Map
2. Site Plan (dated: July 15, 2010)
PAGES
3. Landscape Plan (dated: July 15, 2010)
4. Building Elevations (Photos)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
PAGE6
Exhibit A.l: Vicinity/Zoning Map & Aerial Map
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Exhibit A.4: Building Elevations (Photos)
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PAGE 11
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The site and landscape plan prepared by Keith Borup, dated July 15, 2010, shall be revised as
follows:
a. A 25-foot wide landscape street buffer (measured from the back of sidewalk) is required
along N. Meridian Road in accord with UDC Table 11-2B-3 and shall be landscaped in
accord with the standards listed in UDC 11-3B-7C. Per these standards, a total of 6 trees and
vegetative groundcover are required to be provided within the buffer.
b. Widen the driveway pavement to 20 feet to accommodate two-way traffic entering and
exiting the site.
c. The outdoor play area is required to be completely enclosed by minimum 6-foot tall non-
scalable fencing to secure against exit/entry by small children and to screen abutting
properties in accord with UDC 11-4-3-9B.1. The fencing material shall meet the swimming
pool fence requirements of the building code in accord with Title 10 of Meridian City Code.
d. The ditch along the south property boundary is required to be improved as a water amenity,
piped, or otherwise covered in accord with UDC 11-3A-6A. This shall not preclude
authorized downstream users from accessing irrigation water.
e. The portion of the existing concrete tennis court that encroaches within the street buffer along
Meridian Road shall be removed in accord with UDC 11-3B-7C.6. The applicant may request
alternative compliance to this requirement through UDC 11-SB-B.
1.2 If it is determined that the 0.19 acre parcel of land along the south boundary of the site that is
included on the site plan has not been annexed into the City, the applicant/owner shall obtain
annexation and zoning approval from City Council within one year of the date of this approval.
1.3 Provide a minimum of 1 bicycle parking space on the site in accord with the standards listed in
UDC 11-3C-SC.
1.4 A maximum number of allowable clients cared for during the day are 48 children.
1.5 The hours of operation for the proposed use shall be between 6 am and 11 pm.
1.6 The applicant shall provide proof of criminal background checks and fire inspection certificates
as required by Title 39, Chapter 11, Idaho Code, in accord with UDC 11-4-3-9, prior to issuance
of certificate of zoning compliance.
1.7 The applicant shall comply with the specific use standards listed in UDC 11-4-3-9 for daycare
facilities.
1.8 Prior to establishment of the proposed use, the applicant shall be required to submit a Certificate
of Zoning Compliance application to the Planning Department for this site. The applicant shall
submit asite/landscape plan that demonstrates compliance with the conditions of approval listed
herein with the Certificate of Zoning Compliance application for the proposed use.
1.9 No signs are approved with this application. The applicant shall submit a sign permit
application in accord with the standards listed in UDC 11-3D for approval of any future
signs on this site.
1.10 The applicant shall have a maximum of 18 months to commence the use as permitted in accord
with the conditions of approval listed above. If the business has not begun within 18 months of
approval, a time extension shall be requested in accord with UDC 11-SB-6F prior to expiration. If
PAGE 12
a time extension is not requested or granted and the CUP expires, a new conditional use permit
must be obtained prior to operation.
1.11 Staff s failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no issues with this application.
3. FIRE DEPARTMENT
3.1 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000
GVW, per International Fire Code Section 503.2. Per this requirement, widen the driveway
driving surface to 20 feet.
3.2 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a
vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
3.3 Commercial and office occupancies will require afire-flow consistent with International Fire
Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C.
3.4 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International
Fire Code Section 304.3.3.
3.5 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
3.6 All aspects of the building systems (including exiting systems), processes & storage practices shall
be required to comply with the International Fire Code Section 101.2.
3.7 All daycares must pass an inspection using the criteria of the Idaho State Fire Marshal as set forth in
Idaho Statute Title 39-1109. Prior to scheduling an inspection, the applicant must pay a fee of $20 for
the cost of the inspection.
4. POLICE DEPARTMENT
4.1 The Police Department did not submit comments on this application.
5. SANITARY SERVICES
5.1 Trash collection needs to be from a local street, not from a collector or arterial. SSC will not
provide trash pick-up services from the arterial street (Meridian Road).
6. ADA COUNTY HIGHWAY DISTRICT
6.1 ACRD has no site specific conditions of approval for this application at this time due to the fact
that all improvements exist abutting the site.
7. PARKS DEPARTMENT
7.1 The Parks Department did not submit comments on this application.
PAGE 13
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Commission recognizes that traffic will likely increase with the approval of a daycare
center in this location; however, the Commission does not believe that the amount generated
will be detrimental to the general welfare of the public since the Comprehensive Plan and
UDC anticipated the site to be developed with commercial uses. The Commission does not
anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. Staff
finds that the proposed use will not be detrimental to people, property or the general welfare
of the area.
h. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
The Commission finds that there should not be any health, safety or environmental problems
associated with the proposed use that should be brought to the Commission's attention. Staff
finds that the proposed use will not result in the destruction, loss or damage of any natural,
scenic or historic feature of major importance.