HomeMy WebLinkAboutFournier, Shelley CUP-06-017
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA W AND DECISION & ORDER
In the Matter of Conditional Use Permit for a Group
ChiIdcare Facility out of her Home in the R-8 District, by Shelley FournieRE
Case No(s).: CUP-06-018
For the Planning & Zoning Commission Hearing Date of: July 6, 2006
JUL 1 2 2006
A Findings of Fact
City Of I\1eridian
City Clerk Omen
I. Hearing Facts (see attached Staff Report for the hearing date of July 6,2006 incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of July 6,2006 incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 6,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of July 6,2006 incorporated by reference)
B. Conclusions of Law
I. 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. 967-6503).
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 9
II-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
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.
CITY OF MERIDiAN FINDiNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NOeS). CUP-06-18 - PAGE I of 4
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Commission Chair 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 Site Plan and the Conditions of Approval in the
attached Staff Report for the hearing date of July 6, 2006 incorporated by reference. The
conditions are concluded to be reasonable and the applicant shall meet such requirements
as a condition of approval of the application.
C. Decision and Order
Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City
Code S II-SA and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
I. The applicant's CUP Site Plan as evidenced by having submitted the undated Site Plan
with the application is hereby conditionally approved;
2. The following modifications to site specific conditions were made at the Planning &
Zoning Commission hearing: Condition 1.1 should read: "The applicant shall be
allowed to care for up to eight children." and,
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of July 6,2006 incorporated by reference.
D. Notice of Applicable Time Limits (as applicable)
1. 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 (I) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval ofthe 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 II-5B-6.G.1, the Director may authorize a single extension of the
time to commence the use not to exceed one (1) eighteen (18) month period. Additional
time extensions up to eighteen (18) months as determined and approved by the
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-] 8 - PAGE 2 of 4
Commission may be 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
I. 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 filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code g 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F. Attached: Staff Report for the hearing date of July 6, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-18 - PAGE 3 of 4
By action ofthe Planning & Zoning Commission at its regular meeting held on the 2D~
day of d~It)._5u~ ' 2006.
COMMISSIONER MICHAEL ROHM
(CHAIR)
VOTED~
COMMISSIONER DAVID MOE
VOTED ~U Ou
COMMISSIONER WENDY NEWTON-HUCKABAY
VOTED~
COMMISSIONER KEITH BORUP
VOTED ,4hStl1/1')
COMMISSIONER DAVID ZAREMBA
VOTED l-flO--J
C
Attest:
Tara Green, Depufy Ci &lerk &
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Copy served upon Ap~ritlJ.}1'(,qnei>I~)'hg Department, Public Works Department and City
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Attorney.
By: $h ai1 01 S)1/~i-fll
City Clerk
Dated:
01- 21-00
CITY OF MERIDlAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-18 - PAGE 4 of 4
ID,\HO
STAFF REPORT
TO:
FROM:
SUBJECT:
Hearing Date: July 6, 2006
Planning & Zoning Commission
Kristy Vigil, Assistant City Planner
Shelley Fournier Childcare
CUP-06-018
~ 0 ./' ( liS '"
L/Vleridiafl
Conditional Use Permit for a Group Childcare Facility for Six to Twelve (6-
12) Children in an R-8 zone.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Shelley Fournier, has applied for Conditional Use Permit approval to operate a group
childcare facility out of her home. The subject site is located at 2567 N. Black Bear Way, within Tract
Subdivision No.3. The site is currently zoned R-8. A group childcare facility in the R-8 zone requires
CUP approval (UDC 11-2A-2).
2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the
item on July 6, 2006. At the public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: Shelley Fournier
ii. In opposition: Jessica Fastabend
111. Commenting: None
IV. Staff presenting application: Caleb Hood
v. Other staff commenting on application: Bill Nary
b. Key Issues of Discussion by Commission:
i. Number of children allowed;
ii. Additional traffic in the area.
c. Key Commission Changes to Staff Recommendation:
i. ModifY Condition 1.1 of Exhibit B by changing the number of children allowed
from 12 to 8.
Below, staff has provided detailed analysis and recommended conditions of approval for the requested
Conditional Use Permit application. The Planning & Zoning Commission voted to approve the subiect
application, CUP-06-18, with the conditions contained in Exhibit B.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-
06-018 as presented in the Staff Report for the hearing date of July 6, 2006, and the submitted site
plan with the following modifications to the conditions of approval: (add any proposed
modifications). I further move to direct staff to prepare an appropriate findings document to be
considered at the next Planning and Zoning Commission hearing on July 20, 2006.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-06-
018 as presented during the public hearing of July 6, 2006, for the following reasons: (you must
state specific reason(s) for the denial of the conditional use permit.) I further move to direct Legal
Department Staff to prepare an appropriate findings document to be considered at the next
Exhibit A
Planning and Zoning Commission hearing on July 20,2006.
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number
CUP-06-018 to the hearing date of (insert continued hearing date here) for the following
reason(s): (you should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site AddressfLocation: 2567 N. Black Bear Way; Lot 12, Block 8 of Tract Subdivision No.3;
Section 6, T3N RI E
b. Owners:
Shelley and James Fournier
2567 N. Black Bear Way
Meridian, Idaho 83642
c. Applicant
Shelley Fournier
2567 N. Black Bear Way
Meridian, Idaho 83642
d. Representative: Shelley Fournier
e. Present Zoning: R-8
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicanfs Request The applicant is requesting Conditional Use Permit
approval for a group childcare care facility for six to twelve (6-12) children to be run out of the
existing single-family residence.
1. Date of CUP Site Plan (attached in Exhibit A): Undated
2. Date of Landscape Plan (attached in Exhibit A): Undated
h. Applicant's Justification Statement (from application materials): "I will be using my home to
continue my home childcare. There will be no changes made to the structure of my home"
(see applicant's letter).
5. PROCESS FACTS
a. The subject application will in fact constitute a conditional use as determined by City
Ordinance. By reason of the provisions ofUDC 11-5B-6, a public hearing is required before
the Planning and Zoning Commission on this matter.
b. Newspaper notifications published on: June 19, 2006 and July 3, 2006
c. Radius notices mailed to properties within 300 feet on: June 9, 2006
d. Applicant posted notice on site by: June 26,2006
6. LAND USE
a. Existing Land Use(s): Residential
b. Description of Character of Surrounding Area: Single-family residences.
Exhibit A
c. Adjacent Land Use and Zoning
1. NOlth: Residential, zoned R-8.
2. East: Residential, zoned R-8.
3. South: Residential, zoned R-8.
4. West Residential, zoned R-8.
d. History of Previous Actions: On May 30, 2006, Planning Staff approved an Accessory Use
Permit for a family daycare for six or fewer children on this site.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: There are existing stubs to this property.
Location of water: There are existing stubs to this property.
Issues or concerns: None.
2. Vegetation: Existing landscaping installed by the owner (s).
3. Floodplain: NA
4. CanalslDitches Irrigation: No major facilities.
5. Hazards: None.
6. Proposed Zoning: N/ A
7. Size of Property: 0.15 acres
f. Conditional Use Information:
1. Non-residential square footage: N/A
2. Proposed building height: N/ A
g. Off-Street Parking:
1. Parking spaces required: The UDC does not specify a required number of parking
spaces for a childcare facility. Parking requirements are based on the underlying
zoning district. In this case, the R-8 zone requires each house to provide at least a 20'
by 20' garage and a 20' by 20' parking pad area. The existing structure/lot complies
with this requirement of the UDe.
2. Parking spaces proposed: 3 on site spaces.
h. Proposed and Required Non-Residential Setbacks (NOTE: No new construction is being
proposed):
Front
Side
R-8 Standard
20/15 feet
4 feet
12 feet
35 feet
5,000
Rear
Max. Building Height
Min. Lot Size
Exhibit A
Min. Street Frontage
7. COMMENTS MEETING
50
On June 16, 2006 Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Public Works Department, and the Sanitary
Services Company. Staff has included all comments and recommended actions as Conditions of Approval
in the attached Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Residential" on the Comprehensive Plan Future Land Use Map. Staff finds
the following Comprehensive Plan policies to be applicable to this property and apply to the proposed
development (staff analysis in italics):
· Require that development projects have planned for the provision of all public services.
(Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area oj City Impact, it planned to provide City services to the
subject property. The City oj Meridian plans to provide municipal services to the land in the
following manner:
· The land is under the jurisdiction of the Meridian City Fire Department, who
currently shares resource and personnel with the Meridian Rural Fire
Department.
· The land will be 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) and lTD. 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 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.
· Protect existing residential properties from incompatible land use development on adjacent
parcels. (Chapter VII, Goal IV, Objective C, Action 1)
The applicant is proposing a child care facility adjacent to existing residentially zoned
properties. Staff finds that impacts to the existing residential properties can be limited
through design as to be compatible with the proposed development, if appropriate fencing,
landscaping, and other conditions related to hours of operation and restrictions on the
outdoor play area are imposed on this project.
Staff did receive a letter regarding the proposed application. Among the concerns addressed
was "Change to the residential character of the development. " The applicant has stated in
her letter "There will be no changes made to the structure oj my home. "
Stafffinds that the proposal is harmonious with and in accordance with the Comprehensive Plan.
Exhibit A
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11-2B-2Iists a group day care as a Conditional Use in
the R-8 zone.
b. Purpose Statement of Zone: The purpose of the Residential Districts is to provide for a range
of housing opportunities consistent with the Meridian Comprehensive Plan. Five Districts are
designated which are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
c. No dimensional modifications are being requested for the proposed development. There are
several day care standards listed in UDC 11-4-3.9. Analysis of these specific use standards are
provided in Section 10 below.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
UDC 11-4-3.9 lists the following standards for all Day Care Facilities (staff analysis in italics):
1. In determining the type of day care facility, the total number of children cared for during the
day and not the number of children at the facility at one time, is the determining factor. The
operator's children are excluded from the number.
The applicant is proposing to have up to 12 children per day. Because no more than 12
children will be at the facility, this is a group day care facility.
2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe
discharge and pickup of clients.
The applicant is proposing the drop ojJlpick up area in the existing driveway area and the
area on the street in front of her home. The driveway is large enough to accommodate three
parking stalls.
3. The decision-making body shall specify the maximum number of allowable clients and hours
of operation as conditions of approval.
Staff recommends that the Commission allow up to 12 children to use the subject facility, as
requested. Staff further recommends that the hours of operation for this business be limited
from 6:00 a.m. to 7:00 p.m. NOTE: The applicant stated that the hours of operation are
expected to be from 6:00 a.m. to 6:00 p.m. Staff recommends that an additional hour be
allowed to account for any parents/guardians that may run a little late.
4. The applicant or owner shall secure and maintain a Basic Day Care License from the State of
Idaho Department of Health and Welfare - Family and Children's Services Division.
Staff is including this condition within Exhibit B.
5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be
between 6:00 a.ill. to 11 :00 p.m. TIns standard may be modified through approval of a
Conditional Use Permit.
See Standard #2 above.
Additional standards for day care facilities that serve children:
1. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non-scalable
fence 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 the Meridian City Municipal Code.
Exhibit A
The existing dwelling isfenced with a six-foot (6) woodfence.
2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within
any required yard.
Although no play equipment over six feet in height is being proposed, staff is including this
restriction within Exhibit B. Further, because the lJroposed plav area backs-up to residential
prolJerties, staff recommends that no outdoor play equipment over six feet high be allowed on
the west side of the building.
3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used
after dusk.
Staff is including this condition within Exhibit B.
Site Plan: The UDC does not establish minimum play area requirements for day care
facilities. Staff feels there is ample outdoor play area provided for 12 children.
Parking: The applicant is proposing the drop off/pick up area in the existing driveway area
and the area on the street in front of her home. The driveway is large enough to
accommodate three parking stalls. Staff believes that this parking and drop-off area is
adequate for the number of children proposed.
b. Staff Recommendation: Staff recommends approval of CUP-06-018 for Shellev Fournier
as presented in the Staff Report for the hearinl! date of Julv 6. 2006 based on the
Findint!s of Fact as listed in Exhibit D and subiect to the conditions of approval as listed
in Exhibit B.
11. EXHffiITS
A. Drawings
1. CUP Site and Landscape Plan (undated)
2. Floor plan (undated)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Sanitary Service Company
5. Ada County Highway District
6. Central District Health
C. Legal Description
D. Required Findings from Zoning Ordinance
Exhibit A
]. Site / Landscape Plan (undated)
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B. Conditions of Approval
1. PLANNING DEPARTMENTS
1.1 The applicant shall be allowed to care for up to ~ ~ children per day.
1.2 On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge
and pickup of clients.
1.3 The hours of operation for this business shall be limited from 6:00 a.m. to 6:30 p.m.
1 A Prior to operation of the day care facility, the applicant or owner shall secure and maintain a
Basic Day Care License from the State ofIdaho Department of Health and Welfare - Family and
Children's Services Division. Proof of said license shall be provided to the Planning Department
prior to release of occupancy of this building for a day care use.
1.5 The applicant should be required to construct a 6-foot tall, non-scalable, solid fence, along the
west and south side of the outdoor play area. The fencing material used on the west and the south
side of the play area shall meet the swimming pool fence requirements of the Building Code in
accord with Title 10 of the Meridian City Municipal Code. Fencing on the north and east sides of
the outdoor play area shall be 6-feet tall, open-vision, and a non-climbable material. All fencing
shall secure against exit/entry by small children.
1.6 Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any
required yard. Further, no play equipment over six feet high shall be located on the west side of
the building.
1.7 Outdoor play area(s) shall not be used after dusk.
1.8 To ensure that all of the conditions of approval for CUP-06-018 are complied with, the applicant
shall be required to obtain a Certificate of Zoning Compliance (CZC) permit, and occupancy,
from the Planning Department prior to operation of the day care facility.
1.9 The applicant shall have a maximum of 18 months to commence the use as permitted in accord
with the conditions of approval listed above. If the business has not begun within 18 months of
approval, a new conditional use permit must be obtained prior to operation.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no comments on this application.
3. FIRE DEPARTMENT
3.1 All Daycares with 7 or more children must pass an inspection using the criteria of the Idaho State
Fire Marshal. If the applicant has concerns about meeting the State Fire Marshal criteria an
inspection will be completed at a cost of $20.
4. SANITARY SERVICES COMPANY
4.1 Provide a minimum 28' inside and 48' outside radius for all driveways, where they
intersect a public street.
5. ADA COUNTY HIGHWAY DISTRICT
5.1 Ada County Highway District does not require Commission review of the proposed
application. However, ACHD receives many calls from neighbors concerning the volume
of traffic near day care facilities. The Institute of Transportation Engineers data shows
that typical day care creates 4.52 vehicle trips per day per student and the proposed 12
Exhibit B - Page I
student facility can be expected to generate 54 vehicle trips per day.
6. CENTRAL DISTRICT HEALTH DEPARTMENT
6.1 Contact Susan Simmons at CDHD for licensure requirements.
Exhibit B - Page 2
C. Legal Description
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DEED OF TRUST
THIS LOAN IS NOT ASSUMABLE
WITHOl)T THE APPROVAL OF THE
DEPARTMENT OF VETERANS AFFAIRS OR
ITS AUTHORIZED AGENT.
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lOAN NO. 3025.40
NOTICE:
THIS DEED OF TRUST ("Security Instrument") is made on February 26, 1999
JAMES R. FOURNIER, JR. and SHEllEY M. FOURNIER, HUSBAND AND ~JIFE
. The grantor is
("Borrower").Thetrus\ee is FIRST AMERICAN TITLE
("Trustee'). The beneficIary is REPUBLIC MORTGAGE CORP., A UTAH CORPOHATION
,
which Is organized and existing underthe laws of UTAH STATE ,and whose
address Is 921 SOUTH ORCHARD, SUITE A, BOISE, ID 83705
C'lender"). Borrower owes Lender the principal sum of One Hundred Forty Ei ght Thousand Si x Hundred
Thirty Nine and no/IOO
Dollars (U.S. $ 148, 639 . 00 ). This debt Is evidenced by Borrower's note dated the same date as this
Security Instrument ('Note'). which provides for monthly payments, with the full debt, if not paid earlier, due and
payable on March 1, 2029 . This Security Instrument secures to Lender. (a) the repayment of the dabt
evidenced by the Note, wIth interest, and all renewals, extensIons and modlficallons of the Note; (b) the payment of all
other sums, with interest, advanced under paragraph 7 to protect the security of lhls Security Instrument; and (c) lhe
performance of Borrower's covenants and agreements under this Security Instrument and the Note, For this purpose,
Borrower Irrevocably grall1s and conveys to Trustee, In trust, with power of sale, the following described property
located In ADA County, Idaho:
LOT 12 IN BLOCK 8 OF TRACT SUBDIVIS[ON NO.3, ACCORDING TO THE OFFICIAL PLAT
THEREOF, FILED IN BOOK 62 OF PLATS AT PAGES 624g AND 6250, OFFICIAL RECORDS OF ADA
COUNTY, IOAHO.
which has the address of 2567 NORTH BLACK BEAR \~AY, MERIDIAN
Idaho 83642 [Zip Codal C'Property Address");
IDAHO.Slng1_ Family-FNMA/FHlMC UNIFORM INSTRUMENT
(Str..\, City].
ElF'6V(ID) (92101."
Faglt J oJ7
.u;:cmOl-I:C l.fl.5eR ,CflM~.I~C,.!tOOl :m,,,,~,
Form 3013 9/90 Amondod 5/91
'n"~"~
Exhibit C
D. Required Findings from Zoning Ordinance
1. Conditional Use Permit Findings:
CUP Findings:
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
1. 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 applicant has shown a parking plan that adequately accommodates the proposed use. The
proposed site plan shows a 31' x 23' paved driveway area; standard parking stalls are 9'x 19'.
The driveway would accommodate the three (3) parking stalls. The adjacent street is not an
arterial or collector street. The Commission finds that the site is large enough to accommodate the
proposed use and meet all the dimensional and development regulations of the R-8 zone.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
The Commission finds that the designated Comprehensive Plan designation for this property is
"Residential." The proposed use is generally harmonious with the requirements of the UDC (see
Sections 8 and 10, above for more information regarding the requirements for this use.)
3. 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 site plan shows the yard is fenced with a 6' high wooden fence and maintained and gated in
working condition. There is existing vegetation which has been maintained in healthy condition.
The Commission finds that the site is of a sufficient size for the requested number of children,
but the applicant should be required to comply with Idaho State Department of Health and
Welfare, Child care Licensing Division and acquire an occupancy certificate and/or building
permit to certify the building and play area.
It is often difficult to find an ideal location for a daycare center. Residents often oppose daycares,
and commercial businesses often have concerns about having children in close proximity to their
business, but childcare facilities are a very valuable resource. Therefore, site design is critical for
finding a successful location. Staff recommends that the Commission rely upon any public
testimony, staffs analysis, and other agency comments when determining if the proposed use is
compatible with the neighborhood residential uses in the area and if the use will adversely change
the existing and intended character of the area.
4. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
The Commission finds that if the applicant complies with the conditions outlined in this report,
the proposed uses will not adversely affect other property in the area. The Commission should
rely upon any public testimony provided to determine if the development will adversely affect the
other property in the vicinity.
Exhibit D
Exhibit 0
5. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage
structures, refuse disposal, water, and sewer.
The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are
currently available to the subject property. Please refer to any comments prepared by the
Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation
and ACHD. Based on comments from other agencies and departments, the Commission finds that
the proposed use will be served adequately by all ofthe public facilities and services listed above.
6. 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 the installation of any required upgrades to the
building necessary to serve the project. The Meridian Fire and Police Departments currently
provide service to the site. 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.
7. That the proposed use wiII not involve activities or processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The Commission recognizes that traffic and noise from vehicles coming to and going from this
site will increase; the Commission does not believe that the amount of traffic and noise generated
will be detrimental to the general welfare of the public. The Commission finds that the proposed
use should not be detrimental to neighboring properties because the use will not generate
excessive traffic, noise, smoke, fumes, glare or odors.
8. That the proposed use wiII not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
The Commission finds that there should not be any health, safety or environmental problems
associated with this subdivision that should be brought to the Commission's attention. The
Commission finds that the proposed use will not result in the destruction, loss or damage of any
natural, scenic or historic feature of major importance.