Raisin' Angels Subdivision RZ-10-002 CUP-10-010 PFP-10-003CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND
DECISION & ORDER
~E IDIZ IAN,~-
~J
In the Matter of a Rezone of 0.43 of an Acre from the I-L (Light Industrial) to the C-C
(Community Business) Zoning District; a Conditional Use Permit fora 2,187 Square Foot
Daycare Center for up to 60 Children in a C-C Zoning District; and a Combined
Preliminary/Final Plat for 2 building lots on 0.96 of an acre for Raisin' Angels Subdivision,
by Capital Hill Holdings, LLC.
Case No(s). RZ-10-002; CUP-10-010; PFP-10-003
For the City Council Hearing Date of: October 26, 2010 (Findings on the November 9,
20010 City Council agenda)
A. Findings of Fact
Hearing Facts (see attached Staff Report for the hearing date of October 26, 2010,
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of October 26, 2010,
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of October
26, 2010, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of October 26, 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 City Council 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-10-002; CUP-10-010; PFP-10-003
-1-
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 Mayor 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 Legal Description, Site Plan, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of October
26, 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 City Council'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:
1. The applicant's Rezone as evidenced by having submitted the legal description and
exhibit map stamped and dated August 4, 2010 by Thomas A. Judge, PLS, is hereby
conditionally approved.
2. The applicant's Conditional Use Permit as evidenced by having submitted the Site Plan
dated August 3, 2010 is hereby conditionally approved; and,
3. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated July, 2010 is hereby conditionally approved; and,
4. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of October 26, 2010, incorporated by reference.
D. Notice of Applicable Time Limits
Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to obtain the city
engineer's signature on the final plat within two (2) years of the approval of the
preliminary plat or one (1) year of the combined preliminary and final plat or short plat.
In the event that the development of the preliminary plat is made in successive phases
in an orderly and reasonable manner, and conforms substantially to the approved
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-10-002; CUP-10-010; PFP-10-003
-2-
preliminary plat, such segments, if submitted within successive intervals of eighteen
(18) months, maybe considered for final approval without resubmission for
preliminary plat approval. Upon written request and filed by the applicant prior to the
termination of the period in accord with 11-6B-7.A, the Director may authorize a single
extension of time to record the final plat not to exceed eighteen (18) months. Additional
time extensions up to eighteen (18) months as determined and approved by the City
Council maybe granted. With all extensions, the Director or City Council may require
the preliminary plat, combined preliminary and final plat or short plat to comply with
the current provisions of Meridian City Code Title 11. If the above timetable is not met
and the applicant does not receive a time extension, the property shall be required to go
through the platting procedure again.
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
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
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 may be f Ied.
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-10-002; CUP-IO-010; PFP-10-003
-3-
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of October 26, 2010
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-10-002; CUP-10-010; PFP-10-003
-4-
-r'h
By action of the City Council at its regular meeting held on the ~ day of
I~b J (,ryl L~_, 2010.
COUNCIL MEMBER DAVID ZAREMBA VOTED CI~
COUNCIL MEMBER BRAD HOAGLUN VOTED
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED ( ~
MAYOR TAMMY de WEERD VOTED Q
(TIE BREAKER)
`~~
,, Mayor T , y de Weerd
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.> ,~ Or ~~Ria9 ~,,~
Attest: :` ~ ~~ ''%~
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FOB %
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cee H an, City er = ~ „
%'9p ~~r is~ •~ ~~~~
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9
Copy served upon Applicant, The~ag}}}~,,~~rtment, Public Works Department and City
Attorney.
B Dated: ~ l ' ~ ~ ' f ~
Ci ler ~' 'e
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S). RZ-]0-002; CUP-10-010; PFP-]0-003
-5-
STAFF REPORT
HEARING DATE:
TO:
FROM:
SUBJECT:
October 26, 2010
Mayor & City Council
Sonya Watters, Associate City Planner
208-884-5533
E IDIAN~
IDAHO
RZ-10-002; CUP-10-010; PFP-10-003 -Raisin' Angels
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Capital Hill Holdings, LLC, has applied to rezone (RZ) a 0.43 acre portion of this site from
the I-L (Light Industrial) to the C-N (Neighborhood Business) zoning district. A conditional use permit
(CUP) is requested fora 2,187 square foot daycare center for up to 60 children in a proposed C-N zoning
district. Lastly, a combined preliminary and final plat (PFP) consisting of 2 building lots on 0.96 of an acre is
proposed.
II. SUMMARY RECOMMENDATION
Staff recommends denial of the proposed RZ and CUP, and approval of the proposed PFP 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 & Zoning Commission heard these items on September 16, 2010. At the public
hearing they moved to recommend approval of the subiect RZ, CUP, and PFP request as submitted.
a. Summary of Commission Public Hearing:
i. In favor: Walter Lindgren; Jayne Sackett; Alicia Parker; Matthew Martin; Desiree Johnson;
Stephanie Joralemon; Shannon Stone;
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Walter Lindgren (response to the staff report)
v. Staff presenting application: Pete Friedman
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. Future land use map designation of Mixed Use -Community vs. I-L zoning;
ii. Importance of retaining industrial zoned property for industrial uses; and
iii. The intensity of the types of uses allowed in the C-N vs. the C-C zoning district;
c. Key Commission Change(s) to Staff Recommendation:
i. The Commission recommended approval of the RZ & CUP with no modifications to the staff
report as requested by the applicant.
d. Outstanding Issue(s) for City Council:
i. Because staff recommended denial of the RZ & CUP, no conditions of approval for those
applications were included in the staff report. Since the Commission hearing & their
recommendation of approval of the RZ & CUP, staff has revised the report to include
conditions of approval for those applications (see Exhibit B). Note: The Commission did not
review or recommend approval of these nrovisions/conditions.
a, ummarv of Citv Council Public Hearing:
PAGE 1
L n favor : Walter Lindgren. ohn on Ar hitec (Annli ant' Renre en a ivel: ianie ack .tt
LOwner of Raisin' Angelsl: Marsha Ward: Brandy Bre wer: odv cheon: .lizabet
chenst
11. rom: Stenha ie Joralemon: Alicia Park r: and oe Fin
iii, Comme ndn~: None
iy. Written testimony: None
y~ taff pr esenting annlication: onva Watt r
Yl. Other s taff commenting on annlicaNon• ohn Overton • Mark Neimever
1~ ev Issues of Discuc ion by o rnc'l:
L .oadin g/unloading area for the davcar . & hared par in for the ite:
11: he size . location. and torso ranhv of he children' pl ay area:
iii. he com patibility of the mono ed day are wi h the a i cting indu rial u e on he i e:
~, Kev Counci l Chanp s to Staff/C'nmmiccinn Rernmmenrlah On
L itv Co uncil approved he re2nne with a - onin g dictrlct instead of .-N district a.
DYODOSe d by the applicant
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-10-002,
CUP-10-010, and PFP-10-003 as presented during the hearing on October 26, 2010, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-10-002, CUP-
10-010, and PFP-10-003 as presented during the hearing on October 26, 2010, for the following reasons:
(You should state specific reasons for denial.)
Partial Denial/Partial Approval
After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-10-002 and
CUP-10-010, and approve File Number PFP-10-003 as presented during the hearing on October 26, 2010,
with the following modifications: (Add any proposed modifications.)
Continuance
I move to continue File Numbers RZ-10-002, CUP-10-010, and PFP-10-003 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:
1125 E. Pine Avenue (Parcel No. S 1107417301)
Located in the northeast '/ of Section 7, Township 3 North, Range 1 East
B. Owner(s):
Capital Hill Holdings, LLC
12400 W. Overland Road
Boise, ID 83709
C. Applicant:
Same as owner
PAGE 2
D. Representative:
Walter Lindgren, Johnson Architects
440 E. Corporate Drive, Ste. 102
Meridian, ID 83642
E. Applicant's .Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a rezone. A public hearing is required before the Planning & Zoning
Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. The subject application is for a conditional use permit. A public hearing is required before the Planning
& Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
C. The subject application is for a combined preliminary and final plat. A public hearing is required before
the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code
Title 11, Chapter 5.
D. Newspaper notifications published on: August 30, and September 13, 2010 (Commission); October 4,
and 18, 2010 (City Council)
E. Radius notices mailed to properties within 300 feet on: August 19, 2010 (Commission); September 29,
2010 (City Councill
F. Applicant posted notice on site by: September 5, 2010 (Commission); October 8, 2010 (City Council
VI. LAND USE
A. Existing. Land Use(s): There is currently a mix of industrial uses on this site. The existing structure
where the daycare is proposed is currently vacant but was previously approved as an accessory office to
one of the adjacent industrial businesses.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by
residential property (across Pine), zoned R-4; and industrial uses (to the west, east, & south), zoned I-L.
C. History of Previous Actions:
• A Certificate of Zoning Compliance (CZC-06-044) for a used car lot and sales office on this site
was approved as a temporary use from April 1, 2006 to April 1, 2007.
• A Certificate of Zoning Compliance (CZC-07-100) was approved on May 16, 2007 for a new
9,600 square foot shell building with an existing accessory office building. The existing building
was approved as an office for one of the uses within the new building.
D. Utilities:
1. Public Works:
a. Location of sewer: Currently served from E Pine Ave.
b. Location of water: Currently served from E Pine Ave.
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
PAGE 3
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: A small portion of this site along the west boundary lies within flood zone AE but is not
within the floodway.
F. Access: Access for this site is depicted on the site plan via a driveway to/from E. Pine Avenue.
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 ofnon-residential uses permitted within the MU-C areas as shown on the future land use map (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; residential densities of 3 to 15 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, public uses, clothing
stores, garden centers, hardware stores, restaurants, banks, drive-thru facilities, auto service station, and
department stores.
Per the Comprehensive Plan (pg. 103), a mixed use project shall include a principal use (retail, office,
professional or residential) and at least one other type of land use (may include community facilities such as
a school, public park, civic building or public safety facility). Exceptions may be granted for smaller sites on
a case-by-case basis. All mixed use projects shall be directly accessible to neighborhoods within the section
by both vehicles and pedestrians. Industrial uses are not identified as desirable uses in mixed use
developments and because the project is not directly accessible to neighborhoods as required, staff finds the
proposed & existing uses are not consistent with the MU-C designation for this property.
Further the land use designation was originally adopted without the knowledge of how the site was to
develop. Subsequent industrial development and zoning occurred although contrary to the mixed use
designation. Since the surrounding uses are developed with industrial uses and zoning it seems that many of
the uses contemplated in the mixed use designation, including daycares are no longer appropriate.
In summary, although this property is designated MU-C and daycares are listed as a potential use within this
designation, because of the surrounding industrial uses, zoning, & general industrial character of this area,
Staff finds the proposed daycare center is not an appropriate use for this property, nor would it be compatible
with existing abutting uses. See Analysis in Section IX below for more information.
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.
PAGE 4
• 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 N (page 112) -Encourage compatible uses to minimize conflicts and maximize use
of land.
Daycare centers and industrial uses are both intense land uses. Daycare centers generate noise, peak
parking demands, and automobile traffic. Industrial uses generate noise, odor, truck traffic-especially
during loading and unloading periods. Although both are intense uses, Staff is of the opinion the
proposed daycare center is not compatible with abutting industrial uses for the following reasons: 1) the
existing driveway access to this site serves both the multi-tenant industrial building & the proposed
daycare; 2) the loading area for the industrial building is on the west side of the building where the main
drive aisle is located; 3) the adjoining parking lotto the south of the proposed daycare serves the
industrial building; 4) the existing industrial uses may cause harm to children due to noise, odor, fumes,
conflicts in maneuvering trucks with automobiles; S) conflicts with children and trucks in theparking
areas.
• 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 E. Pine Avenue, a minor arterial street; no other access to the site
is proposed or approved with this application.
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 exists along E. Pine Avenue, an arterial street, as required by UDC
Table 11-2B-3.
Chapter VII, Goal IV, Objective A, Action 2 (page 112) -Encourage industrial development to locate
adjacent to existing industrial uses.
Staff is of the opinion an industrial use would be more appropriate and compatible with existing abutting
industrial uses than the proposed daycare center because of the very different functional nature of
industrial uses as stated above.
Note: A text amendment to the Comprehensive Plan is currently in process and is scheduled to be heard by
City Council on September 28`". The amendment incorporates changes to the definitions of the mixed use
designations in the Plan including the MU-C designation. Staff has reviewed the proposed changes and
determined they do not substantially alter the Plan's applicability to this project.
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-N zoning district. The proposed daycare center is listed as a
PAGE 5
conditional use in the proposed C-N zoning district and is subject to 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-N zoning
district apply to this site.
D. Landscaping Standards (UDC 11-3B):
1. Width of street buffer(s): 25 feet along E. Pine Avenue, 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 2,187. Based on this amount, a total of 4 parking stalls are required. A total of 8 parking stalls
are provided on the site. There are additional parking stalls on the overall site proposed to be platted
that may be available for use by the proposed daycare through a cross parking agreement.
UDC 11-3C-6G requires one bicycle parking space be provided for every 25 proposed vehicle parking
spaces or portion thereof. Based on 8 parking stalls, a minimum of 1 bicycle parking space is required
for the proposed daycare in accord with the standards listed in UDC 11-3C-SC.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
REZONE: The applicant proposes to rezone 0.42 of an acre of this 0.83 of an acre site from I-L (Light
Industrial) to C-N (Neighborhood Business); the remainder of the site is proposed to remain I-L. The
purpose of the rezone is so that a daycare center can operate in the building previously approved as an
accessory office to the adjacent industrial building. Daycare centers are prohibited in the I-L district and
warehouse/industrial uses are prohibited in the C-N district. For this reason, the applicant proposes to
subdivide the property so that each structure is located on its own lot and each lot is zoned appropriately
for the current and proposed use of the property.
As discussed above, the Comprehensive Plan future land use map designation for this site is MU-C
which is consistent with the requested C-N zoning district. However, because this site is surrounded by
industrial zoning and uses staff is of the opinion that rezoning a small area for the purpose of a daycare
would not be a compatible with existing uses, zoning, or the character of this area. Further, rezoning this
small area surrounded by industrial zoned land would be "spot zoning" which is not consistent with the
objectives of the comprehensive plan.
Staff is of the opinion rezoning a small portion of land for the purpose of accommodating a particular
use that is not compatible with adjacent uses is not a good practice and not in the best interest of the city
as it is not consistent with the Comprehensive Plan. Therefore, staff is recommending denial of the
proposed rezone application.
If Council determines it is in the best interest of the City to rezone this property, staff is of the opinion
the C-C district would be more appropriate than the C-N district because the higher intense nature of the
C-C district would provide more of a transition in zoning to the adjacent I-L zoned.
CONDITIONAL USE PERMIT: The request is for conditional use permit approval of a 2,187 square foot
daycare center for up to 60 children in a proposed C-N zoning district, as required by UDC Table 11-2B-
2. The daycare proposes to care for up to 36 children 0-5 years old and up to 18 children over the age of
5 per day.
PAGE 6
The applicant has submitted a concept plan and floor plan showing how the site is proposed to re-
develop as a daycare. The existing structure and site is not proposed to be altered except for the addition
of a fenced area on the west side of the building for an outdoor play area.
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 if Council approves the subject CUP.
Outdoor Play Area: The applicant is proposing an outdoor play area on the west side of the building as
shown on the site plan. This area is proposed to be fenced by a 6-foot tall security fence. Staff has visited
the site and a large portion of the outdoor play area significantly slopes to the west property boundary as
the topography of this site is higher than the adjacent property. This is the only area on site that is
available for an outdoor play area.
The Department of Health and Welfare (DHW) used to have standards for outdoor play areas but have
since revised their policies and no longer do. The UDC does not have standards because the DHW
previously oversaw this area. Because this application is a CUP, staff has the authority to require
additional items as deemed necessary.
Staff is of the opinion additional play area is necessary for the number of children (60) proposed to be
cared for in the 2,187 square foot facility. Because play area at this site is limited in area due to the size
of the existing building and slope of the proposed outdoor play area, staff is of the opinion this site is not
large enough for the proposed daycare center.
Access: One driveway access is proposed via E. Pine Avenue to serve both the proposed daycare and the
industrial building. There are no other cross-access easements or stub streets/driveways provided to this
property. (There is a recorded reservation of access easement consisting of a 20 foot wide non-exclusive
ingress/egress access easement for the benefit of the Ada County property to the west of the site that
shall only become effective when and if Ada County grants or reserves for the benefit of the Capital Hill
property the same easement.)
Landscaping: A 25-foot wide landscape street buffer, measured from the back of curb, is required to be
provided along E. Pine Avenue per UDC Table 11-2B-3 in accord with the standards listed in UDC 11-
3B-7C. There are no residences that abut this site so a buffer to adjoining uses is not required. Parking
lot landscaping is required in accord with the standards listed in UDC 11-3B-8C. Staff has reviewed the
proposed landscape plan and has determined it complies with current UDC landscape requirements.
Fencing: The site plan depicts 6-foot tall security fencing around the play area and a 3-foot tall wrought
iron fence along the front of the property. 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.
If Council approves the CUP, fencing details for the play area shall be submitted with the CZC
application.
Hours of Operation: The proposed operating hours of the daycare center are from 6 am to 11 pm.
However, UDC 11-2B-3A.4 restricts business hours of operation in the C-N district to 6 am to 10 pm. If
the proposed use is approved, the hours of operation shall be restricted accordingly. If Council approves
the proposed RZ with a C-C district and the CUP for the proposed daycare, UDC 11-4-3-9A.5 allows
business hours of operation between 6 am and 11 pm for daycare facilities.
Note: If Council approves the RZ with a C-C district, a CUP is still required for a daycare center.
PRELIMINARY/FINAL PLAT: The proposed preliminary/final plat consists of 2 building lots on 0.96 of
an acre. The plat will subdivide one parcel into two parcels on which each of the existing structures will
be located.
PAGE 7
Dimensional Standards: Each of the proposed lots meet the dimensional standards for the existing and
proposed/recommended zoning district and the existing structures also meet setbacks for the district in
which they're located or proposed/recommended to be located.
Cross-Access/Cross-Parking: There is a 20-foot wide cross-access easement depicted on the face of the
plat from Pine Avenue to the west property boundary. Staff recommends a note be added to the face of
the plat allowing for cross-access/cross-parking between the two proposed lots.
Staff recommends approval of the proposed PFP application with the conditions listed in Exhibit B of
the staff report.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map
2. Conceptual Site Plan (dated: August 3, 2010) & Floor Plan
3. Building Elevations of the Proposed Daycare Center (Photos)
4. Preliminary Plat (dated: July, 2010)
5. Final Plat (stamped & signed by Thomas Judge, PLS on August 4, 2010)
6. Landscape Plan (date: June 11, 2007)
7. Site Plan Showing Loading & Unloading Zones for the Proposed Daycare Approved by the Police
Department
B. Agency Comments/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. Legal Description and Exhibit Map for Proposed Rezone
D. Required Findings from Unified Development Code
PAGE 8
Exhibit A.1: Vicinity/Zoning Map
PAGE 9
Exhibit A.2: Conceptual Site Plan (dated: August 3, 2010) & Floor Plan
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PAGE 10
Exhibit A3: Building Elevations of the Proposed Daycare Center (Photos)
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PAGE 12
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PAGE 13
Exhibit A.S: Final Plat (stamped & signed by Thomas Judge, PLS on August 4, 2010)
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PAGE 14
Exhibit A.6: Landscape Plan (dated: June 11, 2007)
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PAGE 15
Exhibit A.7: Site Plan Showing Loading & Unloading Zones for the Proposed Daycare Approved by the
Police Department
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~~~~
PAGE 16
B. AgencyConditions of Approval
1. PLANNING DEPARTMENT
Based on the Commission's recommendation
of annroval of the subiect RZ & CUP, staff recommends the following conditions of annroval:
1_1 REZONE
1.1.1 The legal description for the proposed rezone submitted with the application (prepared on
August 4, 2010, by Thomas A. Judge, PLS), is accurate and meets the reauirements of the City
of Meridian and State Tax Commission (see Exhibit C).
1_2 CONDITIONAL USE PERMIT
1.2.1 A maximum number of allowable clients cared for during the day are 60 children.
1.2.2 The applicant shall comply with the specific use standards for daycare facilities listed in UDC
11-4-3-9.
1.2.3 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.
1.2.4 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 in
accord with UDC 11-5B-1.
1.2.5 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.
1.2.6 A sign shall be installed at the sidewalk in front of the structure that connects to the drive aisle
prohibiting parking and unloading in that area. Loading and unloading for the daycare center
s_h_all be from the parking area on the south side of the building as shown on the site plan in
Exhibit A.7; loading and unloading is prohibited from the driveway on the east side of the
building and from the north side of the building.
1.2.7 A bike rack capable of holding a minimum of one bicycle is required to be provided on
the site per UDC 11-3C-6G in accord with the standards listed in 11-3C-SC.
3A. ^~~the-E-~-~enisg-dis~iet.
1.2.9 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 reauested or granted and the CUP expires, a new
conditional use permit must be obtained prior to commencement of the proposed use.
1.2.10 Staff s failure to cite specific ordinance provisions or terms of the approved conditional use
does not relieve the applicant of responsibility for compliance.
PAGE 17
1.3 PRELIMINARY PLAT:
1.3.1 A note shall be added to the face of the plat allowing for cross-access/cross-parking between the two
proposed lots.
2. PUBLIC 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 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 Loading and unloading for the daycare center shall be from the parking area on the south side of the
building as shown in Exhibit A.7; loading and unloading is prohibited from the driveway on the east
side of the building and from the north side of the building.
5. SANITARY SERVICES
5.1 SSC has no comments related to this application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 Site Specific Conditions of Approval
6.1.1 Dedicate 35-feet ofright-of--way from the centerline of E. Pine Avenue abutting the site. The right-
of-way purchase and sale agreement and deed must be completed and signed by the applicant prior
to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building
permit (or other required permits), whichever occurs first. Allow up to 30 business days to process
the right-of--way dedication after receipt of all requested material. The District will purchase the
right-of--way which is in addition to existing right-of--way from available Corridor Preservation
Funds.
6.1.2 Utilize the existing 20-foot wide driveway onto E. Pine Avenue as a shared driveway as proposed.
Pave the driveway its full-width at least 30-feet into the site beyond the edge of pavement.
6.1.3 Other than the access specifically approved with this application, direct lot access is prohibited to E.
Pine Avenue.
6.1.4 Comply with all Standard Conditions of Approval.
6.2 Standard Conditions of Approval
6.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of--way.
6.2.2 Private sewer or water systems are prohibited from being located within the ACHD right-of--way.
6.2.3 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-
compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act
(ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to
District Development Review staff for review.
PAGE 18
6.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
6.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of--way or easement areas.
6.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
6.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLIlVE (1-811-342-1585) at least two full business days prior to breaking
ground within ACRD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190
in the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
6.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
6.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
6.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
6.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative
of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from
ACHD.
6.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan
and may require additional improvements to the transportation system at that time. Any change in
the planned use of the property which is the subject of this application, shall require the applicant to
comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a
waiver/variance of the requirements or other legal relief is granted by the ACHD Commission.
7. PARKS DEPARTMENT
7.1 The Parks Department had no comments on this application.
PAGE 19
C. Legal Description and Exhibit Map for Proposed Rezone
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delarroe d 899.1 f first b a found 5u~ inch rebrr wMh an pMrlifo ~p
f N~1 a P ~ "FI.EI PL,B f 3934 arrerkYp Nr Mtarasdbn
wish ~9aar weaaatry Y d'ftaHridr Park 8ubdh~iora';
C. tltieraoe ~ aakxap tlas Eat~l-~rsl Grrrarr War d 9aryMxr T, 8oulfr 89'93'92`
Weird, a dia~.noa d ao.io iaat to the TfW! Puff 01~ et~oiNeair~
1. lherioe aodirwinQ ah~arp acid GrrMer lJrre, 8oub 89'88'82" Wwt a dtadanae d
139.82 feet ~a rN faaatd ll+ii! inch mbar wMh ptraMc ~ atrrnpsd "NODCiE
Ptr886T6" anrrldap ite krisresadfara w8h the ararilrry boaadaty d "MVeed and
Pear(G Grmpw ~dhArfOr-°,
2. Urrxs aiorp acid boarrrtNry tlaar tdiorArp ootirssr and
3. $aaAh lid'26'3~' Earl. w dfa6rnoe d 69.36 trd fo ai fortrrd ~ bioh roberwllh
P~ ~ "Hd~3E PL.$86T6" anrk#rp Ma intraee~oUan witla a carMa
to !as ai~rt at a nOrl~a'adf~ arpieK
4. aaaca-Q aril curve to the right haM~rp a Isaaplla d 8.86 filet, a rawlua4d36.OONa1,
a cerMnai arapls d 6'24'i1'!', tangents d 1.88 feat and a bnp arhoaf which
bean €~Arwrth 24'34'b8' ~ a a8rtaner d 3.86 fast b a foaard Atuarakfaarr Grp
Moraumaa~t naddnp a pokrt o/tirnperacy;
PAGE 20
EMG 0~ PT!pF!
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AA1I
EXHIBIT "B"
]:~.zo~ sxaz+cH
A PORTION ~F THE NORTNWEBT 1M OF THE NORTHEAST 1K OF THE 80UTHEABT U4 8ECT10N 7,
T+DVIMSH~ a NORTH, RANbE ~ EAST, 8018E MERttNAIr;
CI1Y OF MERIDIAN, ADuI COUNTY, IWHO ~ i
I ~ ~~! '
_~~~JE I i
~'- TRUE POINT I
~ I
~~ 1
8A8TPYVBr1ME grw 18p.98' ew~aa'srw ea,o ,-•- - - { 8
..._ ~ tnb _ 8G0'26'4YE 50.%~ ~° _
CANIlIZ ~~
C1 i
821 ~a2T"E Y'f.4V-~.,~ Q '
VV~ µOCA~
~`""ipl~artr~ Saar
~N98'a392'E
109.09
s1r/s+re aaa'
Mi'DtdZ'W lW.11' _~Y
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1
t 1
`~ wIr>zarE 10D~EVIE N- ~
SCALE: i'~0' Y ~ t
l~~s~
CUP'VE TABLE
OURVE LENO7H RADIUS DELTA TANGENT CH. BEARING CH. LENGTH
Ot a9e aeolr o0Ir19~Ct' t.fr faraaa'e S.M
ca sen moon' ao1~ asv a14•aaclx uo
MERIDIAN P'U~iC ~~ s~
~~rnovo ncerr of ~o
a ~ '~`
pox >A>,m au>~v>a~rs nee.
(~1 ~-~
PAGE 21
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation
and/or rezone, the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The ^~„'~~~~' ~° ~r~~~~:„R City Council an_nroved a to rezone Qf a portion of the subject
property from I-L to GIaI ~. The City Council finds that the proposed map amendment is
consistent with the MU-C future land use designation for this site. Therefore, the City
Council finds the amendment does comply with the applicable provisions of the
Comprehensive Plan.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the prepesed map amendment to the ~ ~ district and
daycare use of this property is consistent with the purpose statement of the commercial
district in that it provides for the service needs of the community.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning amendment will not be detrimental to the
public health, safety, or welfare.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
This finding is not applicable as the applican
annexation. However, as noted previously, the
rezone is in the best interest of the City.
2. Conditional Use Permit (UDC 11-SB-6E)
t is requesting approval of a rezone, not
City Council does find that the proposed
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 City Council finds that the subject property meets all the dimensional and development
regulations of the C-~ ~ district (see Analysis Section IX for more information).
PAGE 22
b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The City Council finds that the proposed use is consistent with the Comprehensive Plan
future land use map designation of MU-C. Therefore, the City Council finds the proposed
daycare center is harmonious with abutting industrial uses and consistent with the
Comprehensive Plan mixed use designation for this site.
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 City Council finds that the proposed daycare will not adversely change the character of
the area, and the use is compatible with the existing industrial 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 City Council fmds the traffic generated by the proposed daycare will not adversely affect
the existing industrial businesses on the site. Because the City Council finds the proposed use
is appropriate in this area and compatible with adjacent industrial uses, the City Council is
recommending approval of the CUP request.
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 City Council finds that sanitary sewer, domestic water, refuse disposal, and irrigation
currently service 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 City Council finds that
the proposed use would be served adequately by all of the public facilities and services listed
above.
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
City Council 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 City Council finds there will most likely be a significant amount of traffic generated by
the proposed use that will contribute to the existing traffic from the industrial businesses on
the site that maybe detrimental to the general welfare of the public. However, the
Commission does not anticipate the proposed use will create excessive noise, smoke, fumes,
glare, or odors.
Exhibit C - 1 -
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 City Council finds that the proposed use will not result in the destruction, loss or damage
of any natural, scenic or historic feature of major importance.
3. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The City Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 7, of the
Staff Report for more information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The City Council finds that public services are currently provided to the subject property.
(See Exhibit B of the Staff Report for more details from public service providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the property is currently serviced by City water and sewer and any other utilities will
be provided by the development at their own cost, the City Council finds that the subdivision
will not require the expenditure of capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
The City Council has determined there is public financial capability of supporting
services for the proposed development. (See Exhibit B for more comments from public
service providers.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
The City Council is not aware of any health, safety, or environmental problems associated
with the development of this subdivision. ACRD considers road safety issues in their
analysis.
Exhibit C - 2 -