HomeMy WebLinkAboutStaff Comments
STAFF REPORT
TO:
FROM:
SUBJECT:
Hearing Date: December 7,2006
Planning & Zoning Commission
Sonya Watters, Associate City Planner
Pammy Cakes Childcare (CUP-06-037)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
Conditional Use Permit for a Group Childcare Facility for Seven to Twelve (7~
12) Children in an R-8 zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Pamela Minshew, has applied for Conditional Use Permit (CUP) approval to operate a
group childcare facility for seven to twelve children in an existing house. The applicant is not proposing
to have anyone live in the existing house; it will only be used for childcare purposes. The subject property
is located at 672 E. Baldwin Street, within Bedford Place Subdivision No.3. The site is currently zoned
R~8. A group childcare facility in the R-8 zone requires CUP approval per UDC 11-2A-2.
2. SUMMARY RECOMMENDATION
Staff has provided a detailed analysis of the requested application below. Staff recommends approval
of CUP-06-037 for Pammy Cakes Childcare as presented in the staff report for the hearin2: date of
December 7. 2006. subiect to the conditions listed in Exhibit B.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-
06-037 as presented in the Staff Report for the hearing date of December 7,2006, 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 December
21,2006.
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-06-
037 as presented during the public hearing of December 7,2006, 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 [mdings document to be considered at the next
Planning and Zoning Commission hearing on December 21, 2006.
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number
CUP-06-037 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 Address/Location: 672 E. Baldwin Street; Lot 5, Block 8, of Bedford Place Subdivision
No.3; Section 6, T.3N., R,IE.
b. Owners:
Pamela and Casey Minshew
3325 N. Boulder Creek
Meridian, Idaho 83642
RECEIVED
NOV 2 9 2006
City Of Meridian
City Clerk Office
Pammy Cakes Childcare CUP-06-037
Location of sewer: There are existing stubs to this property.
Location of water: There are existing stubs to this property.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
c. Applicant:
Same as owner
d. Representative: Pamela Minshew
e. Present Zoning: R~8
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request: The applicant is requesting Conditional Use Permit
approval for a group childcare facility for seven to twelve children to be operated out of an
existing single-family residence. The applicant will not be residing at this property; the
property will only be used as a childcare facility.
1. Date of CUP Site/Landscape Plan (attached in Exhibit A): October 11,2006
h. Applicant's Justification Statement (from application materials): "We recommend that the
City of Meridian approve our request due to the fact we believe that the childcare facility is
compatible with the existing neighborhood because the childcare facility will maintain the
appearance of a single-family residence and the activities that take place at the proposed
childcare facility will be similar to what occurs at the surrounding single-family dwellings.
The children will be engaging in activities such as eating, sleeping, and playing." (see
applicant's letter for more information).
5. PROCESS FACTS
a. The subject application will in fact constitute a conditional use as determined by City
Ordinance. By reason of the provisions of UDC 11-5B-6, a public hearing is required before
the Planning and Zoning Commission on this matter.
b. Newspaper notifications published on: November 20,2006 and December 4,2006
c. Radius notices mailed to properties within 300 feet on: November 9, 2006
d. Applicant posted notice on site by: November 26, 2006
6. LAND USE
a. Existing Land Use(s): Residential
b. Description of Character of Surrounding Area: Single-family residences.
c. Adjacent Land Use and Zoning:
1. North: 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: None
e. Existing Constraints and Opportunities:
1. Public Works:
Pammy Cakes Childcare CUP-06-037
Max. Building Height
Min. Lot Size
Min. Street Frontage
35 feet
5,000 square feet
50 feet
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006
Issues or concerns: None
2. Vegetation: Existing landscaping
3. Floodplain: NA
4. CanalslDitches Irrigation: No major facilities.
5. Hazards: None
6. Proposed Zoning: NA
7. Size of Property: 0.15 acres
f. Conditional Use Information:
1. Non-residential square footage: 1,460
2. Existing building height: Single-story
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 UDC. The applicant has added onto the driveway to
accommodate room for one more car to park, allowing for a total of 3 parking spaces
for clients and 2 parking spaces in the garage for employees.
2. Parking spaces proposed: 3 off.street spaces for clients; 2 in garage for employees
h. Required Residential Setbacks (NOTE: No new construction is being proposed or approved):
R-8 Standard
Front setback to garage 20 feet
Front setback to living area 15 feet
Side (PUDI easement - 5 feet) 4 feet
Rear 12 feet
7. COMMENTS MEETING
On November 17, 2006 Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Public Works Department, Meridian Parks
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 "Medium Density 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):
Pammy Cakes Childcare CUP-06-037
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.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
. 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 of City Impact, it planned to provide City services to the
subject property. The City of 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.
. 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 childcare facility adjacent to existing residentially zoned
properties. Staff finds that impacts to the existing residential properties can be limited
through restricting the hours of operation, requiring that the landscaping be maintained in a
healthy and attractive manner, and that the residential appearance of the house be
maintained Conditions of approval have been placed on this application accordingly (see
Exhibit B).
Further, the applicant states that impact to adjacent parcels should be minimal if any, due to
the following reasons: the play area is screened from public view; the children will alTive at
various times throughout the day; the children will have gone home with their parents by the
time that most of the residences return from work; the facility will be maintained and
manicured in order to preserve the integrity of the neighborhood; and the childcare facility
will be closed on weekends and all major holidays.
However, Staff has received some comments and concerns from adjacent neighbors stating
that this daycare is not compatible with the existing neighborhood. Staff recommends that the
Commission consider any and all public testimony and Staff's analysis when determining if
the proposed use is compatible with the existing land uses.
Stafffinds that the proposal is harmonious with and in accordance with the Comprehensive Plan.
9. ZONING ORDINANCE
a. Zoning Schedule of Use Control: UDC 11~2B-2 lists a group day care (7-12 children) as a
Conditional Use in the R-8 zone.
Pammy Cakes Childcare CUP-06-037
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 use. 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.
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
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):
I. 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 provide childcare for between 7 and 12 children per day.
Because no more than 12 children are proposed to be cared for at the facility, this use is
classified in UDC 11-lA-1 as 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 ofjlpick up area to be located off of the street in the
existing driveway of the home. The driveway is large enough to accommodate three parking
spaces for clients with two spaces in the garage for employees.
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 be cared jor at the facility
per day, as requested. Staff further recommends that the hours of operation for this business
be limitedfrom 7:00 am to 5:30 pm as noted in Exhibit B.
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.m. to II :00 p.m. This standard may be modified through approval of a
Conditional Use Permit.
See Standard #3 above and Conditions of Approval (Exhibit B).
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.
The rear yard of the existing dwelling is currently fenced with a 6-foot tall solid wood fence
to provide screening and prohibit exit/entry by small children to neighboring residences.
2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within
any required yard.
Pammy Cakes Childcare CUP-06-037
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
A play structure greater than 6-feet tall appears to be located within the required rear yard
(the 12 -foot wide rear setback area that rnns parallel to the rear property line). Staff is
including a requirement in Exhibit B that the applicant relocate the play strncture within the
rear yard, outside of the required rear yard and the required side yard (the 4-foot wide side
setback area that runs parallel to the side property lines).
3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used
after dusk.
The hours of operation for the childcare facility will be restricted to closing at 5:30 pm,
which will essentially restrict the use of any outdoor play areas after dusk (see Exhibit B).
Site Plan: The UDC does not establish minimum play area requirements for day care
facilities. The applicant is proposing approximately 2,015 square feet of outdoor play area,
located behind the structure. Staff feels there is ample outdoor play area provided for 12
children.
Parking: Off-street parking for drop off/pick up is provided in the existing driveway. The
applicant has recently added onto the driveway to allow room for one more car to park,
which will allow for a total of three parking spaces for clients. On-street parking is also
allowed along Baldwin Street. Two parking spaces in the garage are available for employee
parking. Staff believes that this parking and drop-off area is adequate for the number of
children proposed.
Note: The applicant has stated that the childcare facility will be open from 7:00 am to 5:00 pm
Staff is recommending that the closing time be extended until 5:30 to allow time for late pick-
ups.
b. Staff Recommendation: Staff recommends approval of CUP-06-037 for Pammy Cakes
Childcare. as presented in the Staff Report for the hearin2: date of December 7. 2006
based on the Findin2:s of Fact as listed in Exhibit D and subiect to the conditions of
approval as listed in Exhibit B.
11. EXHffiITS
A. Drawings
I. CUP Site/Landscape Plan (October 11, 2006)
B. Conditions of Approval
I. 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 Unified Development Code
Pammy Cakes Childcare CUP-06-037
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006
A. Site/Landscape Plan
Pammy Cakes Childcare CUP-06-037
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B, Conditions of Approval
1. PLANNING DEPARTMENTS
1.1 The applicant shall be allowed to care for up to 12 children per day in the childcare facility
Exhibit A
5. ADA COUNTY HIGHWAY DISTRICT
5.1 Ada County Highway District does not require Commission review of the proposed application
unless the site plan is changed in such a manner as to require Commission review. However,
ACHD receives many calls from neighbors concerning the volume of traffic near day care
located at 672 E. Baldwin Street.
1.2 On-site vehicle pick-up, parking and turnaround areas shall be provided to ensure safe discharge
and pickup of clients. As proposed on the submitted site plan, provide at least 3 on-site vehicle
parking spaces for clients.
1.3 The hours of operation for this business shall be limited from 7:00 am to 5:30 pm.
1.4 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 shall maintain the 6-foot tall, nonRscalable, solid fence, along the perimeter of the
outdoor play area along the rear and side property lines to screen neighboring properties and to
secure against exit/entry by small children.
1.6 Outdoor play equipment over six feet (6') high shall not be located in the front yard or within any
required yard of a childcare facility. Prior to operation, the applicant shall relocate the existing
play structure within the rear yard, to be outside of the required rear yard (the 12 -foot wide rear
setback area that runs parallel to the rear property line) and the required side yard (the 4-foot wide
side setback area that runs parallel to the side property lines).
1.7 Outdoor play area( s) shall not be used after dusk.
1.8 Signage for the childcare facility is prohibited on the site to preserve the residential character of
the neighborhood.
1.9 Landscaping on the site shall be maintained in a healthy and attractive manner, and the residential
appearance of the house shall be maintained to preserve the residential character of the
neighborhood.
1.10 To ensure that all of the conditions of approval for CUP-06-037 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.
1.11 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 Sanitary Services Company has no comments on this application.
Exhibit B - Page 2
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 student facility can be expected to generate
54 vehicle trips per day.
6. CENTRAL DISTRICT HEALTH DEPARTMENT
6.1 Plans are required to be submitted for plan review for any childcare center.
6.2 Applicant must contact Central District Health Department regarding licensing requirements.
Exhibit B - Page 3
C. Legal Description
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Exhibit C
The applicant has shown a parking plan that Staff believes adequately accommodates the
proposed use, which allows for 3 off-street parking spaces for clients and 2 spaces in the
garage for employees. Further, on-street parking is allowed along Baldwin Street. Staff fmds
that the site is large enough to accommodate the proposed use and meet all the dimensional
and development regulations ofthe R-8 zone. Please see Exhibit B of the Staff Report for
regulations that should be complied with regarding this application.
D. Required Findings from Unified Development Code
Conditional Use Permit 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.
2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and
in accord with the requirements of this Title.
Staff finds that the Comprehensive Plan designation for this property is "Medium Density
Residential," which is consistent with the R-8 zone. The proposed use is generally
harmonious with the requirements of the UDC (see Sections 8, 9, 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 rear yard of the property is enclosed and screened with a 6-foot tall solid wood fence.
There is existing vegetation which has been maintained in healthy condition. The residential
appearance of the house should be maintained to preserve the residential character of the
neighborhood. To help preserve the residential character of the neighborhood, Staff is
prohibiting signage for the childcare facility on the site (see Exhibit B). Staff fmds that the
site is of a sufficient size for the requested number of children and that ample off-street
parking has been provided. The applicant should be required to comply with Idaho State
Department of Health and Welfare, Childcare 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 facility. 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 ifthe 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.
Exhibit D
Exhibit D
4. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
Staff finds that if the applicant complies with the conditions outlined in this report, the
proposed use will not adversely affect other property in the area. The Commission should rely
upon any public testimony provided to determine if the development will adversely affect the
other property in the vicinity.
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.
Staff 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, Staff finds that the
proposed use will be served adequately by all of the 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 ofthe 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. Staff fmds 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 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.
Staff recognizes that traffic and noise from vehicles coming and going and from children
playing on this site will increase; Staff does not believe that the amount of traffic and noise
generated will be detrimental to the general welfare of the public. Staff 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 will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
Staff 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. Stafffmds that
the proposed use will not result in the destruction, loss or damage of any natural, scenic or
historic feature of major importance.