Blairmore Pre-School and Daycare CUP-10-006CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF ~ j~jAN~ -,
LAW AND
DECISION & ORDER
In the Matter of a Modification to the Conditional Use Permit for Blairmore Pre-School &
Daycare, Located at 3150 N. Blairmore in an R-8 Zoning District, by Laurie Gallia.
Case No(s). CUP-10-006
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 (LC. §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-10-006
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 Commis
Code § 11-SA and based upon the above and
adopted, it is hereby ordered that:
on's authority as provided in Meridian City
foregoing Findings of Fact which are herein
1. The applicant's request for a modification to the Conditional Use Permit (CUP-08-001)
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
Commission maybe granted. With all extensions, the Director or Commission may
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-10-006
Page 2
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-10-006
Pagc 3
By action of the Planning & Zoning Commission at its regular meeting held on the ~ ~~
day of - I - ~:` , 2010.
COMMISSIONER MICHAEL ROHM VOTED ! ~,f. G~
(Chair) ,~ `~
COMMISSIONER SCOTT FREEMAN VOTED( _~'~
COMMISSIONER WENDY NEWTON-HUCKABAY VOTED~~
COMMISSIONER TOM O'BRIEN VOTED ~ ~,(z~
VOTED (~ ~ L,~
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Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
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By: ~~:~ ~~ {~ ' ~ '_-~- _ ~ ~~~~~. Dated
City Clerk's O,fi~ce
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-10-006
Page 4
COMMISSIONER JOE MARSHALL
STAFF REPORT Hearing Date: August 19, 2010
TO: Planning & Zoning Commission E IDIAN~
FROM: Sonya Watters, Associate City Planner
208-884-5533
SUBJECT: CUP-10-006 - Blairmore Pre-School & Daycare
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Laurie Gallia, has applied for a modification to a previously approved conditional use
permit (CUP) for a daycare center on this site. Since the time of original approval, the property has
changed ownership. Thus, a modification to the CUP is required in accord with UDC 11-SB-6G.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP modification 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-10-006.
a. Summary of Commission Public Hearing:
i. In favor: Kathryn Bouvier
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Kathryn Bouvier
v. Staff presenting application: Sonya Watters
vi. Other staff commenting on application: None
b. Kev Issues of Discussion by Commission:
i. None
c. Kev Commission Changes to Staff Recommendation:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-10-
006 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-10-006 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-10-006 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:
3150 N. Blairmore
PAGEI
Located in the northwest'/ of Section 1, Township 3 North, Range 1 West
B. Owner(s):
Kathryn Bouvier
8461 Purple Sage
Middleton, ID 83644
C. Applicant:
Laurie Gallia
3150 N. Blairmore
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 modification. 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 10, 2010
VI. LAND USE
A. Existing Land Use(s) and Zoning: This existing structure is currently vacant; the property is
zoned R-8 (medium density residential).
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by
existing and future residential properties, zoned R-8; and future commercial property, zoned C-C.
C. History of Previous Actions:
• In 2005, the property was annexed and zoned R-8 and preliminary platted (PP-OS-017) as
part of Crossfield Subdivision. A conditional use permit/planned development (CUP-OS-
022) was also approved that allowed for reductions to certain dimensional standards.
• In 2006, a final plat (FP-OS-080) was approved that included the subject property as Lot
2, Block 4 in Crossfield Subdivision No. 1.
• A conditional use permit (CUP-08-001) for apre-school and daycare facility for up to 40
children in an R-8 zoning district was approved in 2008.
• A certificate of zoning compliance (CZC-08-040) was approved in 2008 for a daycare
facility for up to 40 children in an R-8 zoning district.
D. Utilities:
1. Public Works:
a. Location of sewer: Currently connected from N Blairmore Way
b. Location of water: Currently connected from N Blairmore Way
PAGE 2
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within the floodplain or floodway.
F. Access: Access for this site is depicted on the site plan via N. Blairmore Way.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated "Mixed Use -Community (MU-C)" on the Comprehensive Plan
Future Land Use Map. Per the Comprehensive Plan (page 103), the following standards apply to MU-
C areas: Up to 25 acres of non-residential uses are permitted as shown on the Future Land Use Map;
in MUC areas that are not Neighborhood Centers such as this, over 25 acres of non-residential uses
shall be permitted through the CUP process; up to 200,000 square feet of non-residential building
area; and residential densities of 3 to 15 units/acre are allowed. Sample uses include: All MU-N
categories, clothing stores, garden centers, hardware stores, restaurants, banks, drive-thru facilities,
auto service station, and department stores. Staff believes the proposed daycare center is a compatible
use in MU-C areas such as this.
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 (ACRD). 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.
PAGE3
• Chapter VII, Goal I, Objective B (page 109) -Plan for a variety of commercial and retail
opportunities within the Impact Area.
Stuff is of the opinion that the proposed pre-school and daycare will contribute to the variety of
educational and commercial opportunities available within the area of the subject site..
• Chapter VII, Goal IV (page 112) Encourage compatible uses to minimize conflicts and
maximize use of land.
Staff is of the opinion that the proposed use of~this property is compatible with surrounding
existing & future residential and commercial uses for the following reasons: 1) the pre-school
and daycare will serve the needs of nearby residents; 2) the appearance of the structure is
consistent with adjacent residences as it is a former dwelling; and 3) its location at the entrance
of a residential development will not create additional traffic within the neighborhood
• Chapter VII, Goal IV, Objective D, Action 2 (page 114) -Restrict curb cuts and access points on
collectors and arterial streets.
Access to the site is provided via N. Blairmore Way, a local street; no access is proposed or
approved via Ustick Road, an arterial street.
Chapter VII, Goal IV, 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 currently exists along W. Ustick Road, an arterial street, as
required by UDC Table 11-28-3.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of
housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City
of Meridian water and sewer systems is a requirement for all residential districts. Residential
districts are distinguished by the allowable density of dwelling units per acre and corresponding
housing types that can be accommodated within the density range.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted,
accessory, conditional, and prohibited uses in the R-8 zoning district. The proposed pre-school
and daycare facility is classified as a daycare center and is a conditional use in the R-8 zoning
district.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-6 for the R-8
zoning district apply to this site.
D. Landscaping Standards (UDC 11-3B):
1. Width of street buffer(s): 25 feet along W. Ustick 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 for non-residential uses. The total square footage of the building is
2,112. Based on this amount, a total of 4 parking stalls are required. A total of 8 parking stalls are
provided on the site.
UDC 11-3C-6G requires one bicycle parking space be provided for every 25 proposed vehicle
PAGE 4
parking spaces or portion thereof. Based on 8 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 a modification to the previous conditional use permit
(CUP-08-001) approved for this site that allowed for the operation of a 2,112 square foot daycare
center for up to 40 children in an R-8 zoning district. Since the time of original approval, the
property has changed ownership. For this reason, a modification to the CUP is required in accord
with UDC 11-SB-6G.
There are specific use standards listed in UDC 11-4-3-9 that apply to daycare facilities that the
applicant shall comply with. The applicant shall also comply with all previous conditions of
approval for CUP-08-001. A previous condition of approval was that the 3 parking spaces shown
at the southwest corner of the site be paved; this was not done with the previous CUP. The
applicant shall pave the 3 stalls as shown on the site plan attached in Exhibit A.2. Additionally, a
bike rack capable of holding a minimum of 1 bicycle shall be installed on the site in accord with
UDC 11-3C-6G and the standards in UDC 11-3C-SC.
A Certificate of Zoning Compliance will not be required because the use of the property is not
changing from the previous approved use. However, a new Certificate of Occupancy is required
to be obtained from the Building Department after the CUP modification is approved.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map & Aerial Map
2. Site/Landscape Plan (April 28, 2008) & Floor Plan
3. Building Elevation (photo)
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
PAGES
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PAGE 9
Exhibit A.3: Building Elevation (photo)
PAGE 10
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant shall comply with all conditions of approval of CUP-OS-022 & CZC-08-040 for the
previous daycare facility and all other previous conditions associated with this site (AZ-OS-015;
PP-OS-017; CUP-OS-022; FP-OS-080).
1.2 Provide a minimum of 1 bicycle parking space on the site in accord with the standards listed in
UDC 11-3C-SC.
1.3 Provide a total of 3 paved parking stalls at the south west corner of the site as shown on the site
plan and required by CUP-08-022.
1.4 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 occupancy.
1.5 The applicant shall comply with the specific use standards listed in UDC 11-4-3-9 for daycare
facilities.
1.6 The applicant shall be allowed to care for up to 40 children per day between the hours of 6:30 am
and 1:30 am as approved with CUP-08-022.
1.7 Certificate of Zoning Compliance will not be required because the use of the property is not
changing from the previous approved use. However, a new Certificate of Occupancy is required
to be obtained from the Building Department after the CUP modification is approved. The
applicant shall comply with all conditions contained herein prior to issuance of Certificate of
Occupancy.
1.8 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.
1.9 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
a time extension is not requested or granted and the CUP expires, a new conditional use permit
must be obtained prior to operation.
1.10 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. PUBL[C WORKS DEPARTMENT
2.1 Public works has no issues with this application
3. FIRE DEPARTMENT
3.1 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire
Code Section 506.
3.2 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.
3.3 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.
PAGE 11
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-ccp services from the arterial street (Ustick Road).
6. ADA COUNTY HIGHWAY DISTRICT
6.1 ACHD has no site specific conditions of approval for this application at this time due t 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 12
C. Required Findings from Unified Development Code
1. Conditional Use Permit (UDC ll-SB-6E)
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
a. That the site is large enough to accommodate the proposed use and meet all the
dimensional and development regulations in the district in which the use is located.
The Commission finds that the subject property is large enough to accommodate the proposed
use and dimensional and development regulations of the R-8 district. (see Analysis Section
IX for more information).
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The Commission finds that the proposed use is consistent with the Comprehensive Plan
future land use map designation of MU-C. Further, the Commission finds the proposed use of
the site is consistent with the Comprehensive Plan in that the proposed pre-school and
daycare center will contribute to the variety of educational and commercial opportunities
available to the surrounding area.
c. That the design, construction, operation and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the
general vicinity and that such use will not adversely change the essential character of
the same area.
The Commission finds that if the applicant complies with the conditions outlined in this
report, the proposed daycare center should be compatible with other uses in the general
neighborhood and with the existing and intended character of the area.
d. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The Commission finds that if the applicant complies with the conditions outlined in this
report, the proposed use will not adversely affect other property in the area.
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection,
drainage structures, refuse disposal, water, and sewer.
The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are
currently available to the subject property. Please refer to any comments prepared by the
Meridian Fire Department, Police Department, Parks Department, Sanitary Services
Corporation and ACHD. Based on comments from other agencies and departments, the
Commission finds that the proposed use will be served adequately by all of the public
facilities and services listed above.
PAGE 13
f. That the proposed use will not create excessive additional costs for public facilities and
services and will not be detrimental to the economic welfare of the community.
If approved, the applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and that
the proposed use will not be detrimental to the community's economic welfare.
g. That the proposed use will not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Commission 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. In addition, a daycare center
previously operated on the site and staff is not aware of any issues arising from that use. The
Commission does not anticipate the proposed use will create excessive noise, smoke, fumes,
glare, or odors. The Commission 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. The
Commission finds that the proposed use will not result in the destruction, loss or damage of
any natural, scenic or historic feature of major importance.