HomeMy WebLinkAboutHarmony Preschool CUP-08-014
JUL 3 ~ 200
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
%f LY~~OF ~i,,~~~DiAN
IDAHO
In the Matter of Conditional Use Permit to continue operating a Daycare Center from an
existing home in an R-8 zoning district for Harmony Preschool, by Michelle Hutchings.
Case No(s). CUP-08-014
For the Planning and Zoning Commission Hearing Date of: July 17, 2008 (Findings on
August 7, 2008 agenda)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of July 17, 2008
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of July 17, 2008
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of July 17,
2008 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of July 17, 2008 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. §67-6503).
2. The Meridian Planning & Zoning Commission 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 §
11-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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-014
Page 1
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.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Chairman of the Commission 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/Landscape Plan and the Conditions of Approval
all in the attached Staff Report for the hearing date of July 17, 2008 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 § 11-SA and based upon the above and foregoing Findings of Fact which are herein
adopted, it is hereby ordered that:
The applicant's Site/Landscape Plan as evidenced by having submitted the
Site/Landscape Plan dated May 28, 2008, is hereby conditionally approved; and,
2. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of July 17, 2008 incorporated by reference.
D. Notice of Applicable Time Limits
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 (1) year
from the original date of approval. If the successive phases are not submitted within the
one (1) year interval, the conditional approval of the 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 11-SB-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
Commission maybe granted. With all extensions, the Director or Commission may
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-014
Page 2
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
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 tune period within which a Petition for
Judicial Review maybe filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which maybe 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 17, 2008
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-014
Page 3
..~h
By action of the Planning & Zoning Commission at its regular meeting held on the
day of , 2008.
COMMISSIONER DAVID MOE VOTED
(Chair)
COMMISSIONER MICHAEL ROHM VOTED
COMMISSIONER WENDY NEWTON-HUCKABAY VOTED
COMMISSIONER TOM O'BRIEN VOTED
COMMISSIONER JOE MARSHALL VOTED
CHAIRMAN DAV MOE
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Attest: `~,.~~.~~1 O~ ~Rj~'-qa0`~~~
o~~ r ~ '~;
Fo
Tara Green, Deputy city irk o~,
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'~ 9Q- T1SZ~ ~~
Copy served upon Applic~a~,~~r~rnn~pg~`bepartment, Public Works Department and City
Attorney.
By: Dated:
ity Clerk's Office
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). CUP-08-014
Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2008
STAFF REPORT Hearing Date: July 17, 2008 ~+, IDIAN~-
TO: Planning & Zoning Commission I d A H O
FROM: Bill Parsons, Associate City Planner
208-884-5533
SUBJECT: Harmony Preschool
• CUP-08-014
Conditional Use Permit to continue operating a Daycare Center from an
existing home in an R-8 zoning district.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Michelle Hutchings, is requesting Conditional Use Permit (CUP) approval to continue
operating a preschool for up to 25 children in an R-8 (Medium Density Residential) zoning district. The
preschool is currently operating from an existing 1,350 square foot home within the Cougar Creek
Subdivision. The subject site was approved for adaycare/preschool in 2004 (CUP 04-029). UDC 11-SB-
6Grequires amodification to the original approval with a change of ownership. The applicant is in the
process of purchasing the facility and wants to continue operating the preschool from the site. If the
subject CUP is approved, the site will have to conform to the daycare standards in UDC 11-4-3-9. The
subject site is located at 1258 E. Cougar Creek Drive in Section 6, T3N R1E.
2. SUMMARY RECOMMENDATION
The subject application (CUP-08-014) was submitted to the Planning Department for review. Staff has
provided a detailed analysis and recommended conditions of approval for the CUP application. Staff is
recommending that the CUP application be approved with the conditions listed in Exhibit B of the
staff report. The Meridian Planning and Zoning Commission heard this item on July 17, 2008. At
the public hearing, the Commission moved to approve CUP-08-014.
a. Summary of Commission Public Hearing:
i. In favor Michelle Hutchings Conndra Steeves, Cameron Hutchings, David Kline
neutral
ii. In opposition: David and Wynn Wildeman
iii. Commenting: None
iv. Written testimony Becky Skinner Jeffrey Hessing Anthony and Dale Lyle, Erin
Garrard, Cynthia Robertson, Tara Watson
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Kev Issues of Discussion by Commission:
i. Fencing along the northern property boundary.
c. Kev Commission Changes to Staff Recommendation:
i. Modify condition 1 1 to require hed eg s along the northern property boundary instead
of removing the existing chain link fence.
3. PROPOSED MOTIONS
Approval
After considering all staff, applicant and public testimony, I move to approve File Number CUP-
Harmony Preschool CUP-08-014 PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 17, 2008
08-014 as presented in the staff report for the hearing date of July 17, 2008, with the following
modifications to the conditions of approval: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number CUP-08-
014 as presented in the staff report for the hearing date of July 17, 200.8, for the following
reasons: (State specific reasons for denial of the condition use request, and what the applicant
could do to gain your approval in the future.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Number
CUP-08-014 to the hearing date of (insert continued hearing date here) for the following
reason(s): (State specific reason(s) for a continuance.)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
1258 E. Cougar Creek Drive; Section 6, T3N R1E
b. Owner:
Conndra Steeves
7035 N. Linder Road
Meridian, ID 83646
c. Applicant:
Michelle Hutchings
5706 N. Plumcreek Avenue
Boise, ID 83713
d. Present Zoning: R-8
e. Present Comprehensive Plan Designation: Medium Density Residential
f. Description of Applicant's Request: "Request to transfer Conditional Use Permit for Conndra
Steeves Day Care Center (CUP-04-029) to continue operating as Harmony Preschool. The
facility's usage as a preschool would stay exactly the same, but Michelle Hutchings would
take ownership of the facility. The property would not be altered in any way and no
modifications to the conditions of approval are requested with this application."
1. Date of CUP site/landscape plan (attached in Exhibit A): May 28, 2008
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-SB-6, a public hearing is required before
the Planning & Zoning Commission on this matter.
b. Newspaper notifications published on: June 30, 2008 and July 14, 2008 (Planning and Zoning
Commission)
c. Radius notices mailed to properties within 300 feet on: June 20, 2008 (Planning and Zoning
Commission)
d. Applicant posted notice on site by: July 7, 2008 (Planning and Zoning Commission)
Harmony Preschool CUP-08-014 PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2008
6. LAND USE
a. Existing Land Use(s): There is an existing home (used only as a business), which was
approved for a daycare, on the site that will be continue to be used as a Daycare Facility.
b. Description of Character of Surrounding Area: The existing structure on the site is part of the
Cougar Creek Subdivision. The business has operated from this site since 2004. The property
is surrounded by single family residential homes.
c. Adjacent Land Use and Zoning
1. North: Single Family Residential; zoned R-8
2. East: Single Family Residential; zoned R-8
3. South: Single Family Residential; zoned R-8
4. West: Single Family Residential; zoned R-8
d. History of Previous Actions: In 2004, a conditional use was granted for a daycare to operate
from the subject site.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer: This site is currently served
Location of water: This site is currently served.
Issues or concerns: None.
2. Vegetation: Existing landscaping to remain on the property.
3. Flood plain: N/A
4. Canals/Ditches Irrigation: South Slough transverse along the north side of the
property.
5. Hazards: As mentioned earlier the South Slough transverses along the north side of
the property boundary however, there is a 6-foot chain link fence constructed with the
subdivision. Staff has conditioned the applicant replace the fencing with anon-
scalable fence in accordance with UDC 11-4-3-9. (See Analysis in Section 10 below)
6. Existing Zoning: R-8
7. Size of Property: 0.29 acres
£ Conditional Use Information:
1. Non-residential square footage: 1,350 square feet
2. Building height: 20 feet
g. Off-Street Parking:
1. Parking spaces required: 3
2. Parking spaces proposed: 6
3. Compact spaces proposed: 2
4. Off-site parking proposed: 0
h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to
the proposed project will be provided via a driveway to/from E. Cougar Creek Drive which
connects to Locust Grove Road.
Harmony Preschool CUP-08-014 PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2008
7. COMMENTS MEETING
On June 27, 2008 Planning Staff held an agency comments meeting. The agencies and departments
present include: Meridian Fire Department, Meridian Police Department and Meridian Public Works
Department. Staff has included all comments and recommended actions as Conditions of Approval
attached in Exhibit B.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject site is designated "Mediurn Density Residential" on the Comprehensive Plan Future Land
Use Map. Medium density residential areas are anticipated to contain between three and eight
dwelling units per acre (see Page 99 of the Comprehensive Plan.).
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis in italics below policy):
• 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 lands
proposed the following manner:
• Sanitary sewer and water service has been extended to the project at the
developer's expense.
• The lands are serviced by the Meridian Fire Department (MFD).
• The lands are serviced by the Meridian Police Department (MPD).
• The roadways adjacent to the subject lands are currently owned and maintained
by the Ada County Highway District (ACHD). This service will not change.
• The subject lands are currently serviced by the Meridian School District #2. This
service will not change.
• The subject lands are currently serviced by the Meridian Library District. This
service will not change.
Municipal, fee-supported, services will 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.
• "Require screening and landscape buffers on all development requests that are more intense
than adjacent residential properties." (Chapter VII, Goal 4, Objective C, Action 2)
The daycare business has been operating from this site since 2004. At that time, alternative
compliance was approved for the subject site that required the landscaping be consistent and
compatible with the residential neighborhood. Staff believes alternative compliance approval
for the landscaping on the site allows the use to be more compatible with the surrounding
residential homes.
• Encourage compatible uses to minimize conflicts and maximize use of land. (Chapter VII,
Goal IV)
Staff believes that the proposed use should be compatible with existing uses in the area and
provide a necessary service in the surrounding area.
Harmony Preschool CUP-08-014 PAGE 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2008
Staff believes that the proposed preschool is consistent with the Comprehensive Plan. Staff
recommends that the Commission rely on any verbal or written testimony that may be provided at
the public hearing when determining if the applicant's request is appropriate for this property.
9. UNIFIED DEVELOPMENT CODE
a. Allowed Uses in the Residential Districts: UDC Table 11-2A-21ists the permitted, accessory,
and conditional uses in the R-8 zoning district. Day care centers are a conditional use in the R-
8zone.
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. Connection to the
City of Meridian water and sewer systems is a requirement for all residential districts.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
c. General Standards: There are several daycare 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
CUP APPLICATION: The applicant is proposing to continue operating the daycare from the
existing 1,350 square foot home. The subject site was approved as the Conndra Steeves Daycare
(CUP-04-029) in 2004. The original CUP limits the business to 25 children. Currently, the
applicant is in the process of purchasing the facility and wants to continue operating the daycare
from the site as approved in 2004. UDC 11-SB-6G requires a modification to the original approval
with a change of ownership. If the subject CUP is approved, the site will have to conform to the
daycare standards in UDC 11-4-3-9.
UDC 11-4-3.91ists 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 existing CUP approved for the site allows up to 25 children. The applicant is not
requesting this requirement to change with this application.
2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe
discharge and pickup of clients.
The existing structure is a converted single family residential home within Cougar Creek
Subdivision. The drop off area/parking consists of a 27 foot by 33 foot driveway
constructed with the home that can provide three parking stalls for clients of the business.
The parking adjacent to the east side of the garage (parking stall # 3 on the submitted
site/landscape plan) is a perma bark planting area that would not adequately provide
additional parking for site and should not count towards parking for the facility. The
existing attached two car garage should function as employee parking for the site. Based
on staff s findings, the site can accommodate a total S parking stalls on the site (2 compact
stalls and 3 standard stalls) (NOTE: the site still complies with the minimum parking
requirements of the UDC). Staff has concerns with the lack of parking for the site but in
addition to the on-site parking there is on-street parking clients may use that off-set the
Harmony Preschool CUP-08-014 PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2008
lack of parking for the site. The Commission should determine if the proposed parking is
adequate for the business.
All parents/guardians should be required to park go in to pick-up and drop-off the
children. The proposed parking lot is designed in accordance with the City's current
standards for parking lot dimensions.
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 the business to continue to operate with up to
25 children, as previously approved with CUP-04-029. Operating hours for the business is
proposed from 9.•00 a. m. to 3:00 p. m. Staff is supportive of the applicant's request (see
standard S below for more analysis).
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 in Exhibit B.
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.
The applicant is proposing to operate the business from 9:00 a.m to 3:00 p.m Monday
through Friday and does not conflict with this standard. Staff is recommending the hours of
operation be extended from 8:00 a. m. to 5:00 p. m. to allow flexibility for those parents who
may need the drop their children off early or cannot make it by 3: 00 p.m to pick them up.
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.
Currently, the site is enclosed with 6 foot perimeter fencing. However a portion of the
fencing along the northern property boundary is 6 foot chain link fencing and has the
potential to be a scalable fence. Therefore staff is recommending the applicant replace that
portion of the fencing with anon-scalable type fence (i. e. cedar, vinyl or wrought iron) to
comply with this requirement of the UDC.
Outdoor play equipment over six feet (6') high shall not be located in a front yard or within
any required yard.
On the submitted site/landscape plan, the applicant has referenced outdoor equipment at
7.5 feet in height which appears to be within the required S foot side setback; however it
does not appear to encroach into the 12 foot rear yard setback. The applicant should verify
the play equipment is outside of the side yard setback. Said equipment should be relocated
five feet from the western property line to conform to this requirement of the UDC.
Outdoor play areas in residential districts adjacent to an existing residence shall not be used
after dusk. Staff is including this condition in Exhibit B.
Site/I.andscape Plan: The applicant has submitted asite/landscape plan with this CUP
application. Currently the site is developed with a 27-foot by 33-foot parking pad in front of the
garage. With the previous approval the site was to maintain its residential character and maintain
compatibility with the surrounding homes in the area. Therefore the buffers and additional
Harmony Preschool CUP-08-044 PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 17, 2008
landscaping was not required of the previous applicant. The applicant is not proposing any
changes to the site regarding the landscaping and the parking area with this CUP application.
Therefore, no additional site improvements are explicitly required by the UDC.
Certificate of Zoning Compliance (CZC): If the subject CUP is approved, the applicant will be
responsible to submit a CZC application to ensure compliance with the CUP conditions of
approval. Prior to certificate of occupancy being issued on the site, all conditions of approval
must be complied with.
Written Comments: Staff has received 5 letters of support from clients, neighbors and friends
for approval of the Harmony CUP application. Staff has also received a letter from a concerned
neighbor requesting denial of the project. Staff has forwarded this letters on the Clerk's office and
should be included in your packets for review.
b. Staff Recommendation: Staff recommends approval of CUP-08-014 for the Harmony Preschool
presented in the Staff Report for the hearing date of July 17, 2008 based on the Findings of Fact
as listed in Exhibit C and subject to the conditions of approval as listed in Exhibit B. The
Meridian Planning and Zoning Commission heard this item on July 17, 2008. At the public
hearing, the Commission moved to approve CUP-08-014.
11. EXHIBITS
A. Drawings
1. Vicinity Map
2. CUP Site/Landscape Plan: May 28, 2008
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Services
6. Central District Health Department- Environmental Health Division
7. Ada County Highway District
8. Parks Department
C. Required Findings from Unified Development Code
Harmony Preschool CUP-08-014 PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2008
A. Drawings
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Exhibit A Page 1
CITY OF MER]DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2008
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East Cougar Leek Drixe
Owaers:GonntllaSteeve; Site:Featurec LettntDrseriotion
7035 N..Linlier-Road
Meridian,•Ip 8364b -29.aares 'Lot 13,BIod; f
Applicant: Michelle Hutchings R-B Zone Cougar Creek Subdivision.
5706 N. Pi
umercek A~z. 6;partring spaees~provided Meridian, Ada County, Idaho
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Boise, ID $371;3 Scale: 1"=13'
Detr, 5.28.2008-
Exhibit A Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NLY 17, 2008
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The site/landscape plan, dated May 28, 2008 is approved with the following provisions:
• Maintain 3 surface parking stalls, and 2 employee parking stalls in the garage on the site as
proposed. The parking stalls provided in the existing garage shall be designated for employee
parking only. The proposed perma-bark parking stall (#3 on the site plan) is not approved,
and shall not be used for parking. All parking stalls shall be paved with asphalt or concrete.
~~*~• ~ ~ ~ °~ -• °'~'''° re~°° ~~ ° °a ••' ° °''* ~ ^'. The applicant shall install
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hed eg s and plantin sg along the northern property boundary to deter children from scaling the
chain link fence.
• Outdoor play equipment over six feet (6') high shall not be located in a front yard or within
any required yard. Relocate the 7.5-foot swing set outside of the 5-foot side setback, if
applicable.
1.2 The applicant shall be allowed to care for up to 25 children per day.
1.3 The hours of operation for this business shall be limited from 8:00 a.m. to 5:00 p.m.
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 of Idaho Department of Health and Welfare -Family and
Children's Services Division. Proof of said license shall be provided to the Planning Department
prior to issuance of a certificate of zoning compliance this building for a day care use.
1.5 Outdoor play area(s) shall not be used after dusk.
1.6 To ensure that all of the conditions of approval for CUP-08-014 are complied with, the applicant
shall be required to submit a Certificate of Zoning Compliance for this site. This applicant shall
include all of the conditions of approval described in this report and any modifications to the
approved site/landscape plan. Any modifications to the site design shown in this CUP application
shall be clearly shown on the amended plans.
1.7 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.
1.8 Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be mitigated.
1.9 The applicant shall educate the parents/guardians of the need to park and come into the office to
check in and out the children; dropping off or picking up of children without checking in or out
shall be prohibited. Cars shall not idle on this site while parents/guardians are checking in/out
children.
1.10 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11.
1.11 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
2. PUBLIC WORKS DEPARTMENT
2.1 The Public Works Department has no issues or concerns with this application.
Exhibit B Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2008
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. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. SANITARY SERVICES
5.1 Sanitary Services did not provide comments on this application.
6. CENTRAL DISTRICT HEALTH DEPARTMENT
6.1 Applicant will submit plans for child care center to Central District Health Department for
review.
6.2 Contact Susie Simmons at 327-8530 regarding child care licensing.
7. ADA COUNTY HIGHWAY DISTRICT
(STAFF HAS NOT RECEIVED COMMENTS)
8. PARKS DEPARTMENT
8.1 The Parks Department did not provide continents on this application.
Exhibit B Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2008
C. Required Findings from Unified Development Code
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 Commission finds that the existing site is large enough to continue accommodating the
daycare. Staff recommends the Commission rely on Staff's analysis and any oral or written public
testimony provided when determining if this site is large enough to accommodate the proposed
use.
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 Designation for this property is
Medium Density Residential. The property has existing R-8 zoning which is consistent with the
Comprehensive Plan. The proposed use is allowed with CUP approval in the R-8 district. The
Commission believes that if the conditions are complied with, this use will be harmonious with
the requirements of the UDC and the residential uses surrounding it (see Section 10, Analysis
above for more information regarding the requirements for day care facilities in City Code.)
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 Commission finds that if the applicant complies with the conditions outlined in this report,
the general design, construction, operation, and maintenance of a daycare facility should be
compatible with other uses in the general neighborhood and with 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 day care 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.
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
Exhibit C Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 17, 2008
and ACRD. Based on comments from other agencies and departments, the Commission finds that
the 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 of the community.
If approved, the applicant will be financing any improvements required for development. The
Commission finds there will not be excessive additional requirements at public cost and that the
proposed use will not be detrimental to the community's economic welfare.
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 will be more intense than a typical single
family home. However, with the continuation of the daycare facility in this location, the
Commission does not believe that the amount generated will be detrimental to the general welfare
of the public. The Commission does not anticipate the proposed use will create excessive noise,
smoke, fumes, glare, or odors. The Commission finds that the proposed use will not be
detrimental to people, property or the general welfare of the area.
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 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.
Exhibit C Page 2