HomeMy WebLinkAboutMinshew, Pamela Pammy Cakes Childcare CUP-06-037
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
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In the Matter of a Conditional Use Permit Request for a group child care facility for up to
twelve children in an R-8 zone, by Pamela Minshew.
Case No(s). CUP-06-037
For the Planning & Zoning Commission Hearing Date of: Decemher 7, 2006 (Denial
Findings approved on December 21, 2006)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of December 7,2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of December 7,2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
December 7,2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of December 7, 2006 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. 967-6503).
2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified
Development Code codified as 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-037 - PAGE 1 00
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. That the City has granted an order of denial 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.
6. That this denial is based upon the findings in the attached StaffRep011 for tlle hearing
date of December 7, 2006, incorporated by reference.
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:
1. The request for a conditional use permit for a group childcare facility at 672 E.
Baldwin Street is denied.
2. The following actions could be taken by the applicant to obtain the permit, if requested
in the future:
a. Occupy the house and operate the childcare facility as a home occupation.
b. Reduce the number of children cared for at the childcare facility to less than
twelve.
D. City Council Review
1. Request for City Council review of a decision of the Director or the Planning and
Zoning Commission concerning the administration of this Title may be made by an
applicant, the Director, or a party of record.
2. All requests for review shall be filed in writing with the Department within fifteen (IS)
days after the written decision is issued.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. 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 ofthe City of
Meridian, pursuant to Idaho Code S 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-037 - PAGE 2 00
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: StafIReport for the hearing date of December 7,2006.
By action of the Planning & Zoning Commission at its regular meeting held on the d 1st
day of D:'ccmbc.Y ,2006.
COMMISSIONER MICHAEL ROHM
(Chair)
VOTED~
COMMISSIONER DAVID MOE
VOTED~
COMMISSIONER WENDY NEWTON-HUCKABAY
VOTED~
COMMISSIONER KEITH BORUP
VOTED \ ~
COMMISSIONER DAVID ZAREMBA
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Tara Green, Deputy City Clerk! """ELAI. <i?" "
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Copy served upon Applicant, The p( Jh~~~t, Public Works Department and City
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Attorney.
By: /vI ~ JJlM Dated: 1J-:2~ '0"
City c1'erk
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-06-037 - PAGE 300
STAFF REPORT
TO:
FROM:
SUBJECT:
CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7. 2006
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Hearing Date: December 7, 2006
Planning & Zoning Commission
Sonya Watters, Associate City Planner
Pammy Cakes Childcare (CUP-06-037)
Cumlitiunal Ust: Pt:mlit for a Group Cllildl.;Mt: Facility fur St:vt:n tu Twelvt: (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 subj ect property
iR 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 ll-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 Child care as presented in the staff report for the hearing date of Decemher
7,2006, subject to the conditions listed in Exhibit B. The Meridian Plannin2: and Zonin2: Commission
heard this item on December 7. 2006. At the public hearin2:. they moved to deny CUP-06-037.
a. Summary of Commission Public Hearin2::
1. In favor: Pamela & Casey Minshew (applicant/owner), Fae Gilkey (also spoke for
Robert Gilkey). Doul! Freeman. and Alicia Wril!ht provided oral testimony at the
hearinl!. Lisa Sterling signed her name on the sign-in sheet provided at the meetinfl in
support of the proposed CUP but did not speak durinli! the hearinli! (see sif!:ll~in sheet
from December 7. 2006 meeting)
11. In opposition: Ken Tewksbury, Gary Tanner. Bob Kobza. Richard Putman. Mary
Monson. Adolph Kochevar. and Stacy Johnson provided oral testimony at the
hearing. Eif!hteen other peoTJIe sif!rled their names on the sign-in sheet ]}rovided at
the meeting in opposition to the proposed CUP but did not speak during the hearinli!
(see sifln-in sheet from December 7. 2006 meeting).
iii. Comm~ntw~N:one
IV. Written testimony: Petition silZIled by residents ofthe subdivision. Adolph Kochevar,
Robert Knawa. Heather & Daniel Roth. Lisa & Michael Sherwin. Gary Tanner
(William Snyder & Associates on behalf of Bedford Place Subdivisiun ROA)
v. Staff presenting: application: Sonya Watters
vi. Other staff commentinl! on aoolication: Caleb Hood
b. Key Issues of Discussion by Commission:
i. Home not proposed to be occupied; only use would be a commercial childcare
facility
11. The number of children proposed to be cared for in the facility
111. Overwhelminj;>; neighborhood onnoFlition
iv. Use does not fit with the character of the surrounding neil!hborhood
c. Key Commission Chan2:es to Staff Recommendation:
i. Commission denied the CUP
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006
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 fmdings
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 ofthe conditional use permit.) I further move to direct
Legal Department Staff to prepare an appropriate findings 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
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).
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006
5. PROCESS FACTS
a. The subject applicatiun 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: 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, 7.oned R-R_
4. West: Residential, zoned R-8.
d. History of Previous Actions: None
e. Existing Constraints and Opportunities:
1. Public Works:
T .ocation 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
3. Floodplain: NA
4. CanalsIDitches lrrigation: 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
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006
for clients and 2 parking spaces in the garage for employees.
2. Parking spaces proposed: 3 off-street spaces for clients; 2 ill garage fur 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 feel) 4 feel
Rear 12 feet
Max. Building Height
Min. Lot Size
Min. Street Frontage
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.
35 feet
5,000 square feet
50 feet
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):
. Require that development projects have planned for the provision of all public services.
(Chapter VII, Goal III, Objective A, Action I)
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 current(v 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. Ihis
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.
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006
· 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 ftum public view, the children will urrive ut
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. Staffrecommends 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.
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.
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 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 11-1 A -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.
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
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.
Stalf recommends that the Commission allow up to 12 children to be cared for 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 11 :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.
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 runs parallel to the rear property line). Staff is
including a requirement in Exhibit B that the applicant relocate the play structure 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 UOC 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.
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
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 hearing date of December 7,2006 based on
the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed
in Exhibit B. Tbe Meridian Plannine and Zonine Commission beard this item on
December 7. 2006. At the public heariol!. they moved to deny CUP-06-037.
11. EXHmITS
A. Drawings
1. CUP Site/Landscape Plan (October II, 2006)
B. Conditions of Approval Ae:encvlDenartment Comments
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
A. Site/Landscape Plan
Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
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Exhibit A
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
B. CORaitisoo of Apf'nn<al Aeencv/Department Comments
1. PLANNING DEPARTMENTS
1.1 The applieant shall be allewed to eare for up to 12 childreR per day in the ehildcare facility
leeatea at en E. BalawiR 8ueet.
1.2 OR site vehicle piek l:lf', parking aad tl:1marouna areas shall be provided to eRSUi"e safe diseharge
aJ'ld pielrufl 0f cHeRts. .^.o:s pr0flesea OR the subfl'.l:itted site plan, prcn:iae at least 3 on site '/ehicle
parkiflg spaces for clieats.
1.3 The he1:l:fs 0f 0peratioR fer this Ell:1siflOSS shall be limited Hom 7:00 am to 5 :30 pm.
1.1 Prier to epefatioR of the day eare facility, the applieant or owoor shaH secure anc.:l. maiRtatR a
Basic Day Care Lieeflse from tHe gtate of Idaho Departmeat of Health aRd Welfare Family and
ChilereR's Serviees DivisioR. Proef of said lieeflse shall be provided to the Planning Def)artmeflt
prior to rel@ase sf eee-l:lpancy of this eailaiBg f.er a day sare US8.
1.5 The applieaflt shall maiataia the 6 foet tall, non sealable, selid f-ence, aloRg the perimeter of the
ol:ltdoer play area alGBg the rear and side 13TeJ3erty haes to sereon neighboring propertios and to
seC1:l:fe agaiRst exi-t/eatry by small ehilerefl.
Hi OlittEleGr play ettuipmen.t GYar sin: feet (~') high shall not bo 10eated-in the front yard or within any
re~uired yard of a ehildeare faeility. Prier to operation, the applieaat shall relocate the eRistin-g
play stmetlife withia the rear )'tH'd, to be outside ef the required rear yard (the 12 foot wide rear
setback area that runs parallel te the rear preperty line) afld the reElHired side yard (the 4 foet '.>vide
side setback area that I1:lftS parallel to the side propeR)' liRes).
1.7 Outdoer play area( s) shall BOt be 1:1sed after a1:1sk.
1.8 Sigaage for the ehilaeare facility is pmhi-bited OR the site te preserve tHe resiaefltial character of
the fleighberheod.
1.9 LaadseapiRg eR the site shall he maiBtaiaed iR a healthy and attFactive mallfler, and the resideatial
awearanoe of the Haase shall be maintained ta preserve the residential eltareeter of the
neighborh0od.
1.1Q T e eflSlife that all of the e0aditi0H:s €If Bflproval for CUP 013 037 are complied with, the applieant
shall be required to 0btaiR a Certifioate of ZOniHg Compliaaee (Czq pennit, afld 0ee1:lflaBey,
from. the PICtt'll'lffig Departmeet prier to epefatiOtl of the day ear@ faloiility.
1.11 The aflplieant shall aw-:e a maJl1mUffi of 18 meflths to oaa:Hflsaee the 1:1se as permitted iR aeeord
"'/ith the e01lcliti(lm~ ef approvallist@6 abev@. If the l,Jl:l::lifll:lss fltlt'l lliJt begun wi-thia 18 ffieRths of
appreval, a Rew coneitieaal1'lse permit ffi1'lSt be obtained prim to eperation.
1.1 The Plannine and Zoninl! Commission denied the subiect auulication. Therefore. no
conditions of approval are included with this document.
2. PUBLIC WORKS DEPARTMENT
2.1 Public Works has no conunents 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. SANlT ARY SERVICES COMPANY
4.1 Sanitary Services Company has no comments on this application.
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006
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
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
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7, 2006
C. Legal Description
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Exhibit C
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
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.
The applicant has shown a parking plan that the Commission 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. The Commission fmds 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 Comprehensive Plan designation for this property is "Medium
Density Residential," which is consistent with the R-8 zone. The proposed use is generally
not harmonious with the Comprehensive Plan or the requiremeut:s uf 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 child care 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 Weltare, 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 whcn
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.
Upon hearin!! the testimony presented at the public hearin!! and the written testimony
that was submitted. the Commission finds that the operation of a childcare facility
within this subdivision in a non-occupied home would not be compatible with the
existiDl! residential uses in the !!eneral vicinitv.
Exhibit D
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 7,2006
4. That the proposed use, if it complies with all conditions of the approval imposed, will
not adversely affect other property in the vicinity.
After hearin!! public testimony from neighborin!! property owners. the Commission finds that
the proposed use will adversely affect other property in the area. The main issue highlighted
bv the Commission is that the owner of the property is not residinSl: at the residence: the sole
use of the house would be a commercial childcare facility. Another point of discussion was
the number of children bein!! cared for at the facility (up to 12) and traffic the use would
!!enerate.
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.
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.
The Commission finds that there will not be ex!,;essive additiunal requirements at public cost
and that the proposed use will not 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.
The Commission recognizes that traffic and noise from vehicles coming and goin!!, and from
children playing on this site will increase and may be detrimental to the lleneral welfare of the
public as stated durin!! the public hearinll by residents of the subdivision.
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.
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.
Exhibit D