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Raisin' Angels Subdivision PFP-10-003BEFORE THE MERIDIAN CITY COUNCIL C/C October 26, 2010 IN THE MATTER OF THE APPLICATION OF CAPITAL HILLS HOLDINGS, LLC FOR FINAL PLAT APPROVAL OF 2 BUILDING LOTS ON 0.96 OF AN ACRE IN A C-C ZONING DISTRICT LOCATED AT 1125 E. PINE AVENUE, IN THE NORTHEAST 1/ OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST. CASE NO. PFP-10-003 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Unified Development Code 11-6B-3 on October 26, 2010, and the Council finding that the Administrative Review is complete from Sonya Watters, Associate City Planner for the Planning Department, and Scott Steckline, Land Development Supervisor for the Public Works Department, dated: Hearing Date: October 26, 2010, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING RAISING ANGELS SUBDIVISION BEING A PORTION OF THE NORTHWEST '/ OF THE NORTHEAST % OF THE ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR RAISING ANGELS SUBDIVISION (PFP-10-003) Page I of 3 SOUTHEAST % SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2010, FOX LAND SURVEYS, INC." CAPITAL HILLS HOLDINGS, LLC, Applicant, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Sonya Watters, Associate City Planner for the Planning and Zoning Department and Scott Steckline, Land Development Supervisor, for the Public Works Department, dated: Hearing Date: October 26, 2010, listing one Condition ofApproval -Preliminary/Final Plat, a true and correct copy of which is attached hereto marked Exhibit "B", and consisting of 24 pages, and by this reference incorporated herein, and the response letter from Walter Lindgren, a true and correct copy of which is attached hereto marked Exhibit "B" and consisting of 1 page, and by this reference incorporated herein. 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 1. The Plat dimensions are approved by the City Engineer; and 2. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR RAISING ANGELS SUBDIVISION (PFP-10-003) Page 2 of 3 The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may 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. 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 may be adversely affected by this decision 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. `i~- Byaction ofthe City Council at its regular meeting held on the ~ day of , 2010 \ti ,~~``~ "`~~, Ta Weerd F ~ ~. ,~`~~~'~ O ~y ~'%~ May ity of Meridian U~ ~T Attest: \,~ '~~ ~~~ O \` Jaycee o an, Clerk ", -g ~'~~ »°(• ~ ~~ Q Co served u on A licant, the ~I ~~ d onin De artment Public Works De artment and pY p Pp ~s,: ~ g p ~ p City Attorney. By. Dated: ~ ~ ~ `~~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR RAISING ANGELS SUBDIVISION (PFP-10-003) Page 3 of 3 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. IL 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. Kev 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 tunes of uses allowed in the C-N vs. the C-C zoning district; c. Kev 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 provisions/conditions. 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 PAGE 1 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-O10, 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 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) PAGE 2 E. Radius notices mailed to properties within 300 feet on: August 19, 2010 (Commission); September 29, 2010 (City Council) F. Applicant posted notice on site by: September 5, 2010 (Commission); October 8, 2010 (City Council) VL 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 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 PAGE 3 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 fmds 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. YVhen 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 IV (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 lot to 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 the parking areas. PAGE 4 • 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 N, 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 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. PAGE 5 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. 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. PAGE 6 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. S 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. 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) PAGE 7 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 u v Exhibit A.2: Conceptual Site Plan (dated: August 3, 2010) & Floor Plan `„ •~ ~ ,~ t..> i" .e f~ ~~ A ~Ilp ~,n~~~ ~~an t~ RAISING ANGELS sueoivisinN 03 Auyusl ?C IC PROJECT INFORMATION Prv~act ~~t~: Alenlrecc lm~rg; Slw Any tMuro..i: ®wwiro ~ l.bnw.): semadc.: Parklny: o,...~ .r _. s ~ /~ SITE CONCEPT PLAN GREAT INFANTS OFFICE TOILET Tt31LET EATING ,AREA . ~~ ~~~ l'!/ LIBRAR'If SMfhLL hU1NIPUlATION PAGE 10 Exhibit A.3: Building Elevations of the Proposed Daycare Center (Photos) PAGE 11 t~ ~' Rear ~ ;.,.~; v ,~ ~ ~ , (south ~'~: ~s,, , ,~.~ ~. Side • ' ~, ~~ r~ ~ ~- ~. ~ ,r~..~ ~:<< ~ - ~ (west) ,;. ,:_ ,~ q ~~~,~ . .. r, PAGE 12 ~, x: ~ " "' ~ ~' ~ ~ Side ~, (east) ., ~;, ,* w Exhibit A.4: Preliminary Plat (dated: July, 2010) ~~A I " I I I ...,.w,.~, - r ~ s ~s^° ~ Ae ~ sa. 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TS>6SartN wawla~B 6msaT BoreB o soles Oe6aaaTrn - FA%106r160~N lrrr 7>I•W-I-110600 PAGE 14 Exhibit A.6: Landscape Plan (dated: June 11, 2007) owe ~.~~. il. CRlTNYLTIaN a GYNM1rW i.L4 4J pL' IDNIre, P4 r'lRD~OAtla D~Mtl~.~ ~. OD ~D qpl ARCIl~7KiT r~+~c ^ua-~oes AK! R ~tlIYLNILD, MGN~FGT. LLC AOVAM:ka DlDieM pIDrD11e~Q. NC. eseA aeH eRr ~ yris~ nAaivwo ~ar~ n~attD+an. orc.r.+. - rou~o Dw+ GIVIL ~IbIW~l6 P,uw ~ DTAxarv...L {~j >tu eaaw D* ca.we~.~ owo eDDw _.. _._- __ ._. ~Y-__~-1 e ~ __«.~._~,. - w ..... r __ Derarare w RRrRt ------ - - ..-~-. .._. un ...._ x ,Zy.___-- _w _ _. -. G) rawil „wWJ 4 ~~ ~ b ~ _.... _. ~ + sr.. c "V~7 a. .~, ~j14Ba - 4\-t a. _ , \, ~'{ oiRA .~ ~ r a, ~ . Ar. _ ~ }- fit" i ~'.. 1~t .IS-~ _~ ~ t~ ~ __...-~. ~J~ _ -~I 1 I ~ I I ~~. ~ ~~ ,~,T =, '].e.e °°'° o+P e+r_, e i..., ...,. KD ~O'U ..e-Dx 'yy+r~~ KIT M0~ arY rNwY+ NOI.OM~ n ~ _,~r r ' ~~ 1 5//~Df`~ cyA ro.r w.rr q~ooc u CONK DMQf, LOtGKJ1~E ~ y LL~v6~ r ~~ ~ YDOPY DCMD9W.~D a ~R~onAu AD wR.I. Dacnorw exa c•i Harz ~ ca ~rnm, mRAOw ANO oRDD+a[ RR+. ` sew wrw. elxr LIT'' a.RieD~.vl on~u vwc+wu as w°wor+n.~PUa~ "~ Dv weo..Rr.ro n.A. DMe P011CA1D?WVL~TAW DDe enDILNw.R LlTA4D e~sc+Rie,w c e~ n ~n n~` n wAE nu+eNo rv osow. wmDa H LRAM Ar0 eY -.IlD _~ ..M i .~.. Y PINL StREEt WAR~HOU>3E 1115 EAST Pi1~R AVE. rMbR ` pOCt DATA Nun DN~D+arILNU ~DtaDld cmD coos racwwui n . aW. aw Naw+D sea urrwDnoN.~ Pur+eDO coos ueD wnDRA~ nw+Riek sew ~ m m~e w msw~cDw e IOC~MN PI DrCPRIT D' ro wr ~ aam+ nor r.Nr I Me RN~~ NleYIN~a ~ rw xeRav ecotAwT w+o ANO R~wDs To*r ANea rw Dm rt eROr e!p~ ~ r rt. free 94_^.. ca. w. w . r amrwgi ~ rw.eR e.~m ru1Pm .~.ur • ROee ARDA e K~YM!~ ~DiPM~fiaf. Wu • 1lG1AD - DDPMATOI O RDp1 eM• ____ ~ -- Y _ ~~ - -- ~ .DaRar.weuRe~+eo ~.~., °~ ° ,. ~ rtP PI.AlR[ MwTRR1AL wIAVD ADe~ woaD ~ A u r RRnD i.Arrrw _ owu.,.r a o, A~ AR.ODYY•A~ rre .r rDDp er.r•-r I+.nDUAnewD.mors.ar ' ~mrn.aRO..emrAR<YYdARDR rC- TADCRBrb~r rr tamwRYtlaFYerDwwuawm.wbra~rt rnv~ C~~14Y ~IUNrwrwlu.»cwowmMR ri-ANeDtM 6T. OsrYRI'NDIDDM rr'!L)re • )'~ rraDT'RDD RA+wr Drwpernwrrruau -C. MMYTYDDYA•CA~DT T/PY TOiM urocn.Dr+...u wDwem wnD~D blr rrPl e~lDn} +R. .vD Ar.Dn~ Nut C& f MW'D'DYq' 1GDODr •4vMD1CIr~~IL D11r1rPN0 ALL WNINtlDD ~q YYDIOe{RIL PItYM~Oaf[r1~1a9Y ee ruY N~Y~M Rr P0~ I~ODMD~ i N.Y hYa'NDeD' 7(r~ Au.RA~Riusvu.RUUreI~ ~~rARrr MV ai ~ ~~ W w eA Dfiwelq o.Dww rnwro r ew e wl.Ne u.r r ~ vNNDawDan n o ~ A ~ i B.A 4bD~N~D1Y'4YMDMP TOi~ a mnr Arx A +e w we ODM rYr!/YND ~~~ i Zi a~ ~~ i~ PAGE 15 Exhibit A.7: Site Plan Showing Loading & Unloading Zones for the Proposed Daycare Approved by the Police Department f/~~ij' PAGE 16 B. Agency ~~"~Conditions of Approval 1. PLANNING DEPARTMENT Based on the Commission's recommendation o''a royal of the subiect RZ & CUP, staff recommends the following conditions of approval: 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 requirements 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-SB-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 si n 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 shall 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 o_n the site per UDC 11-3C-6G in accord with the standards listed in 11-3C-SC. 1.2.8 Business hours of operation shall be restricted to 6 am to 10 pm consistent with UDC 11-2B- 3A.4 for the C-N zoning district. 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 11-5B-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 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 maybe 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 may be 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 ACRD 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 ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (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 ACRD 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 ACHD 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 ACRD 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 1eMa ~ a~.w.a. sd s ~.~.lirlgr s s~roa a l~Yt~- ~ ~ N11c A PlaerlGel oM 7111. ~ 161JP M 110R111t~OT 34 OP'nes tT011ttNMa~T 11r. 9e1C1tt1M 7.7'~relwla~ 31101ttt1, RAMa! 1 ~Ae~T, aDleet Mallla~w4 1`.IiY 1!! N, AOA'CoAAffY'. bu1114 Ik PAortion d file NgeS~wat ai d Ure NoNMeaet y4 d the 8ou8teaet !~, S~saYon 7, Townaldp 3 Na1h, Range 16ead. BdIM Alaridtarl, Ctlr d Mandan, JWe Catsrgi. I~Ito, bein0 more parbculeey desplbed es iatbws; A, Ct71~.~1iCtM0 ~ the found t3reae Cap Moaumenrt rrtarki~p lttr East S6 Comsr of 8ectlon 7, iron vrhkh iha found ;5S inch saber rMM no {set a piaeMc asp stamped "FL81 PLS 19a94y rtrrkitg Uw Gl~er-E~t 1118" Comer d 7~eatlon 7 bears liaaMt 55''33'32" West. a dtebertos d 1.829.1101bat B. thanes aio~ the met-Wbet Cerlier Une d ~sr8la~n 7~ Suulh !!0"" West. a aletertoe d 559.11 het b a bond PLt319o34~ ameeldnp Ns MM~ieea6~oer irapbaed titA51 a pMrdo oaP sllrnperd s>w~ 1iNr rwsorrlY bourldarY d'RaAeida Park 81on'; C. theme ~ ~ the Eaq-VWrst Gr-Mr Unr d 9ecilon 7. Aouill~ 80"93'92' Weed, a detsnoe d 50.10 heR b tlta 7'1gJe PONT CIS MOfl1N'Ifk 1. tltertoe amrlf<nta>Ilq eioltp aeid CerAer Ulle, 8auh 80'9S'8Q' Wssi, a dalrtos d 135,82 seed 1o a fount !~ Irtalt nebsr wMi pieNic pP stempsd 'liOCdE Pt,B~?6" rttarldnQ b Inlsr~aliort w5h the aarMry boundrY d "Weed ant Peet Gonboi Campus SubdMeton": 2. ihrrioe alorp said bourd~-1he aosASea and dfelpenasa: 3. 8otItl100'2!Q"32" Eaat. a dateMtoe d 60.95 het b a sound 515 Malt mbar wMt pae6a aap ammped "HG1X3~ PLSi5675" nirkl+p Ms Inlwraa5alt sAth • aew >p Nta et a nontadd erplsK 4, alatg wld axue to the dpht hsvtnp a IatpM d 8.96 hat. a eerM~ d 96.OOhst, a cenind anpkt d 8.25'x!". tertpeeMs d 1.66 bet eetd a tong chord tretdah bsara tioulh 24'30"65' EIS, s dlrlattos d3.s6 het b a bond /1~rNrnen Cep IlAormmeex a potrtt dlMtpenay; PAGE 20 ti. 8outlt Z1•rIE~~T ~ a dNlanoe tr( 97~/41tieR !I> ~ set !~ t~A ielur +M1MI i~ ~ 'FLSI PLS 13~i', i~ P[cxtli 80'33'32" Eaak a db od 103,03 test to a eet'~ indt mbar ,~ oao a~rm~d'~Li4i P~ 1'98034'; i. tlrerros Marth Oll~"28'~` . a dtttb.nos d'14t.1A iset to !us'f1R10: POMIT t~R IiO. Conhtnirsa 18,425 a feet io-~ atrse) more a ts~s. Rslbrlc Use EtfEahad sloebotr 1bEd'E~dibit 8". 10 of raaoM and not of wcond. l~,y n~od~7iurlkf+~ of IM daa~tiar~ duN render it void. Foot Land • krc. "I~-otnarE A Judea, ~u~ray Mrny~rtr, PL819884 ~E 15~ ~16~ O~/[.n0[T NOR n~~'~~~7li~lvl y A PORTION OF THE NORTH4Y~7' iN OFRCT/~Wi«~AC~la~i1~~4 OF TFiE 80UTHEABT 1d4 8EC710N 7. TOVYNSM~' 8 Nt~ItT11, RANGE 1 EAST. e0i8E MtStlCIM1. CiJY OF AiIERILMAN, Af]VI COUN[Y, ~AFIO't e ~ ( ~~) E t TRUE raNr ~ " oP eaaErlEw ~ t ~.. aw~asa~'w ~ ~J - 618TPNV~AVJ± 8!Y'33r92'IN 18frlS' ~~ ~ ~'K!6' --- 1Fp.Nr b. .. 800'26'92'E 60.96 ._... __ $21`1627 E_-07~f(4,~-~` ~{i~`~' _ ,~.~ .~' 4~ ~-~~ - 18 w en~a ~sat'w Mo.N' - ~~ r ~.~~ E~ '" I ( I ~E~I ~ ~ scALta:1~' ~'- Y 16 ~ , a 1 CURVE 7A8LE CURVE LENGTH RAOIUB OB.TA TANCiE~tT di 6F.ARING CH. LENGTH C1 ~f 0t00' o0Pri01' tM p~•1CN'l L7? C2 YC' !00.06 ODt'tlMST S20' i1a'97'M't 6q MERIDIAN PUBUC . "~ ~ernlwo ncoT ~r CF ~o _~A~ PAX 1ANll SURVEYS 1NC. (~ 949A061 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 Applicant is proposing to rezone a portion of the subject property from I-L to C-N. ~€f The Commission fords that the proposed map amendment is consistent with the MU-C future land use designation for this sit.,~~~~~~~~tn.. ~ ~a:^^ ' 'a'~~::e~ :=`' t~~-~n 'a~~~ w~~z~~~ «ea. Therefore, ~€f the Commission finds the amendment does net 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 Commission finds that the proposed map amendment to the C-N 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; ~a€f finds that the proposed zoning amendment in~tsel€ will not be detrimental to the public health, safety, or welfar_; i. ,~.., ~+w~~ ~..a., *'~_ Y:eYc~ea ~_o __ ~~, ~ ae..._.ro„..,~ +,. r„i.,:,, . ~€€ The Commission recommends that the Council rely on any oral or written testimony that may be provided when determining this finding. 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, ~€f The Commission 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-SB-3.E). This finding is not applicable as the applicant is requesting approval of a rezone, not annexation. However, as noted previously, sta€f the Commission does ~ find that the proposed rezone is in the best interest of the City. 2. Conditional Use Permit (UDC 11-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. PAGE 22 The Commission finds that the subject property meets all the dimensional and development regulations of the C-N district, i- . _.., .,t..ff ~:. ''.. +.'_:~`.:'. -.- •.~''_=ra= _ i. + •a a ~ ° :a° ,,.~;a° ~ ,. +i.° ,.~,•,a,.°., (see Analysis a r a ~ Section IX for more information)1 b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. ~€f The Commission finds that the proposed use is ~ consistent with the Comprehensive Plan future land use map designation of MU-C bc~~~ tn~z ^F"~c~ r=cYc~e'' ==--- +~ + a' +~ ° ~~-~° +^ ° ^~~-^r~^^ar~. Therefore, ~a€€the ___~r__~__. _- __-_~ -..° Commission finds the proposed daycare center is ~ harmonious with abutting industrial uses er and consistent with the Comprehensive Plan mixed use designation for this site. l~ .,a.,~+w..~ , 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. ~a-€€ The Commission finds that akhet~gl} the proposed daycare will not adversely change the character of the area; and the use is nat 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 Commission finds the traffic generated by the proposed daycare will not adversely t,~...~...b affect the existing industrial businesses on the site'' °°+'^"'" +''° ""'''""''-~~ w' 1 •' L,1 L. + 1 1..,,,1,°.7 , ... +.. +L,° °.-L,°.,,a ,a^",.., 1~,.,,a:«../„„1,..,.7:.... y ~r Because ~€€ the Commission finds the proposed use is n~ appropriate in this area e~ and compatible with adjacent industrial uses, ~ta€€ the Commission is recommending dexial approval of the CUP request ~~here€er~~.r~~=~~~na=~=s" Yr"" The ~~en Council should rely upon any public testimony provided to determine if the development will adversely affect other property in the vicinity. 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 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, ~€f the Commission finds that the proposed use would be served adequately by all of the public facilities and services listed above. Exhibit C - 1 - 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. ~t~€€ The Commission 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. ~a€f However, the Commission does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. 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. ~€f 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. 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; ~€f The Commission 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 Commission 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 Commission fmds 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 Commission recommends the d Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this fmding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Exhibit C - 2 - ~f€ The Commission is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council's er ' attention. ACRD considers road safety issues in their analysis. ~€€ The Commission recommends that the Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which the Commission is unaware. EX}t 161 T g JohnsonArchitects A PROFESSIONAL CORPORAtION September 16, 2010 r~ Pete Friedman City of Meridian Planning and Zoning 33 E. Broadway Ave. Meridian, ID 83642 RE: Combination Plat, Rezone, and Conditional Use Applications 1125 E. Pine Street -Raisin' Angels Daycare -Meridian, Idaho Pete: We have reviewed Staffs comments regarding the proposed rezone and conditional use proposal for a new daycare center at 1125 E. Pine Street. We understand that Staffs recommendation is to deny this proposed rezone from a Light Industrial (I-L) to a Neighborhood Commercial (C-N) and the proposed conditional use application for a new daycare center. After reviewing the Staff Report, it appears the biggest concern is the perceived incompatibility of this daycare center with the existing adjacent office/warehouse uses (and possibly vice versa). While we understand how Staff may have arrived at this conclusion, we believe a closer look may offer one a different perspective. The existing office/warehouse flex building to the east (on same site) is occupied and intended for use by specialty service companies who provide such services as decorative coatings, powder coatings, etc. In general, these are not intensive office or warehouse uses and generate very little traffic to, from, or within the site such as a larger office or retail center might. Unlike other industrial uses along Locust Grove or farther to the south of Pine Street (for example), the size and orientation of this adjacent building and paved driveway simply limits the type of warehouse tenant that can operate here. It should also be noted that the property immediately to the west is currently undeveloped. Given the economics of the site and its good visibility from Pine Street, it would seem likely that this property (at least closer towards Pine Street) will develop with some sort of nice office or neighborhood-scaled retail component with clear vehicular access from Stonehenge Way (off of Pine Street). While there are also a multitude of single-family residences nearby,- specifically across the street-and more so further down to -the west, the proposed daycare property is still on the fringe of this area and ought not have any adverse impact to this neighborhood. It is not by accident that Raisin' Angels is proposing this location for their new home. Among other reasons, they have received positive feedback regarding the proximity and accessibility of this site from current and prospective clients from nearby Blue Cross of Idaho, St. Luke's Hospital, and Scentsy, some of whom you will hear from tonight. Thank you again for your review and consideration of these Combination Plat, Rezone, and Conditional Use applications. We still believe this daycare center use is an appropriate use for this site and will prove to be a complementing use to the adjacent residents and businesses alike. Please do not hesitate to contact me if you have any questions and/or comments regarding this response. gren AIA, Principal ARCHITECTS, PC 440 E Corporate Drive, Suite 102. Meridian, Idaho 83642 r (208) 846 9033 r (208) 846 9475 w www.jehnsonarchitects.com