HomeMy WebLinkAboutPrecious Hands Academy ALT A-2020-0131
Community Development Department 33 E. Broadway Avenue, Ste. 102, Meridian, ID 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org
September 25, 2020
Janelle Corona
Precious Hands Academy
2775 S Bartlett Ave.
Meridian, ID 83642
RE: Precious Hands Academy ALT (A-2020-0131)
Dear Ms. Corona:
This letter is to confirm the Director approved your request for alternative compliance to Unified
Development Code (UDC) 11-2B-3 and 11-3B-9 for the subject property based on the required
Findings listed in UDC 11-5B-5E, as follows:
1. Strict adherence or application of the requirements are not feasible; or
Staff finds strict adherence to the requirements of UDC 11-2B-3, which requires a 20
foot landscape buffer to residential uses, and UDC 11-3B-9, which applies to the
landscape buffer to residential uses in section 11-2B-3, is feasible.
2. The alternative compliance provides an equal or superior means for meeting the
requirements; and
A daycare was approved at 2775 S. Bartlett Ave. in 2017 under A-2017-0269 with a
sixteen foot (16’) landscape buffer to the adjoining residential use at 49 E Whitehall
St. In response to complaints received from the resident at 49 E Whitehall St., the
applicant modified the existing landscape buffer without prior approval from the City.
The landscape buffer was reduced to three feet (3’) in width, and a three-and-a-half
foot (3.5’) stone wall was installed between the shared property line and the play
area which serves the daycare, lowering the play area to three feet (3’) below the
shared property line. Additionally, as part of this alternative compliance request, the
applicant is proposing to install eighteen (18) skyrocket juniper trees in the modified
landscape buffer, between the fence and stone wall (see attached exhibit).
After reviewing the applicant’s request, staff finds that the proposed alternative
would provide an adequate visual barrier and vertical relief between the daycare and
adjoining residential use. Additionally, staff is requiring that the applicant keep
children from playing on the 3’ landscape buffer. While it is not possible to
completely eliminate the noise created by children using the play area, staff finds that
Community Development Department 33 E. Broadway Avenue, Ste. 102, Meridian, ID 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org
the proposed landscaping and vertical relief between the two uses will meet the intent
of UDC 11-3B-9.
3. The alternative means will not be materially detrimental to the public welfare or
impair the intended uses and character of surrounding properties.
The sixteen foot (16’) buffer that was originally approved with the daycare use
created a less than ideal situation that was exacerbated when the applicant modified
the buffer without prior approval from the City. As the daycare use is a principally
permitted use in the L-O zone, however, staff finds that the alternative, with Staff’s
conditions, will allow it to continue functioning without being materially detrimental
to the public welfare or impairing the intended uses and character of surrounding
properties.
An inspection of the landscaping by Planning Division staff shall be required. Upon installation
of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide
a written certificate of completion as set forth in UDC 11-3B-14A.
The Applicant, Director, or a Party of Record may request City Council review of a decision of
the Director. All requests for review shall be filed in writing with the Planning Division of the
Community Development Department on or before October 12, 2020, within fifteen (15) days
after the written decision is issued, and contain the information listed in UDC 11-5A-6B.
If City Council review of the decision is not requested, the action of the Director represents a
final decision on a land use application. You have the right to request a regulatory taking
analysis under Idaho Code 67-8003.
Thank you for contributing to the success of Meridian. Please help us serve you better in the
future. Visit our web-site at www.meridiancity.org/Planning/ to fill out a comment card and give
us feedback on how we are doing.
Sincerely,
Caleb Hood, AICP
Planning Division Manager
CH:CS
Community Development Department 33 E. Broadway Avenue, Ste. 102, Meridian, ID 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org
Attachment: Landscape Plan