Melissa's Daycare CUP H-2017-0015CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0015
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Conditional Use Permit for a daycare group on 0.192 of an acre in
the R-8 Zoning District, Located at 523 E. Brown Bear Street, by Melissa Smith.
Case No(s). H-2017-0015
For the Planning & Zoning Commission Hearing Date of: March 16, 2017 (Findings on April 4,
2017).
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 16, 2017, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of March 16, 2017, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of March 16, 2017,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of March 16, 2017, 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 April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0015
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7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of March 16, 2017, 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-
5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant’s request for a conditional use permit is hereby approved in accord with the
conditions of approval in the staff report for the hearing date of March 16, 2017, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City in accord with UDC 11-5B-6F.1.
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
signed by the City Engineer within this two (2) year period in accord with UDC 11-5B-6F.2.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-5B-6.F.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as
determined and approved by the Commission may be granted. With all extensions, the Director
or Commission may require the conditional use comply with the current provisions of Meridian
City Code Title 11.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a conditional
use permit entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board 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 March 16, 2017
Exhibit A
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STAFF REPORT
Hearing Date: March 16, 2017
TO: Planning & Zoning Commission
FROM: Josh Beach, Associate City Planner
208-884-5533
SUBJECT: H-2017-0015 – Melissa’s Daycare
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Melissa Smith, has applied for a conditional use permit (CUP) for a daycare group in
the R-8 zoning district. See Section IX Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B, based on the
Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report.
The Meridian Planning and Zoning Commission heard this item on August 4, 2016. At the
public hearing, the Commission moved to approve the subject CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Melissa Smith (applicant)
ii. In opposition: None
iii. Commenting: Roger Tebo
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: Andrea Pogue, Bill Parsons
b. Key Issues of Discussion by Commission:
i. Is there sufficient parking for the home and for the business?
ii. Is the number of children too many for a home with this square footage?
iii. If the CUP were limited to fewer than 12 children and the applicant had 12 anyway,
what would the consequences be?
c. Key Commission Changes to Staff Recommendation:
i. Remove condition 1.1
ii. Modify condition 1.7 to read “The number of children watched on the property shall
not exceed 8 children at any one time.”
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-
0015 as presented in the staff report for the hearing date of March 16, 2017, with the following
modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny H-2017-0015 as presented
during the hearing on March 16, 2017, for the following reasons: (You should state specific reasons
for denial.)
Exhibit A
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Continuance
I move to continue File Number H-2017-0015 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
523 E. Brown Bear
Located in the northwest ¼ of Section 6, Township 3 North, Range 1 East
B. Owner(s):
Ron and Melissa Smith
523 E. Brown Bear
Meridian, ID 83646
C. Applicant:
Ron and Melissa Smith
523 E. Brown Bear
Meridian, ID 83646
D. Representative: NA
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a conditional use permit. A public hearing is required before the
Planning & Zoning Commission on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: February 24, 2017
C. Radius notices mailed to properties within 300 feet on: February 16, 2017
D. Applicant posted notice on site by: March 3, 2017
VI. LAND USE
A. Existing Land Use(s) and Zoning: The property is developed with a single family detached home,
zoned R-8 (medium density residential).
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by
existing residential properties, zoned R-8.
C. History of Previous Actions:
In 1993, the property was annexed and zoned R-8 and preliminary platted as part of
Fothergille Heights Subdivision.
In 1999, the property was granted an accessory use permit (AUP 99-007) for a family
daycare for up to 6 children at any one time.
D. Utilities:
1. Public Works:
Exhibit A
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a. Location of sewer: Currently connected from E. Brown Bear
b. Location of water: Currently connected from E. Brown Bear
c. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This property does not lie within the floodplain or floodway.
F. Access: Access for this site is depicted on the site plan via E. Brown Bear.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density
Residential (MDR). MDR designated areas allow smaller lots for residential purposes within City
limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre
(d.u./acre).
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
“Plan for and encourage services like healthcare, daycare, grocery stores, and recreational
areas to be built within walking distance of residential dwellings.” (2.01.01C)
The proposed daycare group in within a large residential subdivision. This use will be within
walking distance of a large number of residences. The applicant is currently operating a
family daycare at this address under the above mentioned accessory use permit. The current
daycare allows up to 6 children. This application would allow for up to 12 children at one
time.
For the above-stated reasons, staff is of the opinion the proposed use is consistent with the applicable
comprehensive plan policies and is appropriate in this location.
VIII. UNIFIED DEVELOPMENT CODE
A. 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.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted,
accessory, conditional, and prohibited uses in the R-8 zoning district. The proposed daycare
facility is classified as a daycare group and is a conditional use in the R-8 zoning district, subject
to specific use standards set forth in UDC 11-4-3-9.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-6 for the R-8
zoning district apply to this site.
D. Off-Street Parking: Per UDC Table 11-3C-6 the applicant is required to provide two (2) stalls in a
garage and two (2) on a driveway. Per the specific use standards, additional parking is also
required in accord with UDC 11-3C-6.
Exhibit A
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IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Conditional Use Permit: The request is for a conditional use permit to operate of a 1,549 square
foot daycare group for up to 12 children in an R-8 zoning district. The UDC allows for up to 6
children in a “daycare family” with an accessory use permit in the R-8 zoning district. To allow
up to 12 children in a “daycare group”, the R-8 zoning district requires a conditional use permit.
One of the main reasons for this distinction is the increased number of vehicle trips for the
“daycare group.”
There are specific use standards listed in UDC 11-4-3-9 that apply to daycare facilities that the
applicant shall comply with. The applicant shall pave the 3 stalls as shown on the site plan
attached in Exhibit A.2.
Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC
11-4-3-9, Daycare Facility.
A. General standards for all child daycare and adult care uses, including the classifications of
daycare center; daycare, family; and daycare, group:
1. In determining the type of daycare facility, the total number of children at the facility at
one time, including the operator's children, is the determining factor.
The applicant is proposing to care for up to 12 children and therefore is classified as a
daycare group.
2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe
discharge and pick up of clients.
The applicant proposes to provide three (3) parking stall to accommodate drop off and pick
up of children. The increase of children from 6 to 12 will increase the number of trips to and
from the home and therefore the UDC requires additional off-street parking.
3. The decision making body shall specify the maximum number of allowable clients and
hours of operation as conditions of approval.
See Conditions of Approval in Exhibit B.
4. Upon tentative approval of the application by the director or commission for a daycare
center facility, the applicant or owner shall provide proof of criminal background checks and
fire inspection certificates as required by title 39, chapter 11, Idaho Code. Said proof shall be
provided prior to issuance of occupancy. The applicant or owner shall comply with all state
of Idaho and department of health and welfare requirements for daycare facilities.
The applicant will comply with this standard.
5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall
be between six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. This standard may be
modified through approval of a conditional use permit.
The applicant will comply with this standard.
The applicant shall not exceed the maximum number of clients as stated in the approved
permit or as stated in this title, whichever is more restrictive.
Exhibit A
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The applicant will comply with this standard.
B. Additional standards for daycare facilities that serve children:
1. All outdoor play areas shall be completely enclosed by minimum six foot (6') nonscalable
fences to secure against exit/entry by small children and to screen abutting properties.
The outdoor play area is enclosed with a six-foot non-scalable fence. With submittal of the
certificate of zoning compliance application, the applicant shall provide details of the 6 foot
non-scalable fence.
Certificate of Zoning Compliance: Due to the fact that the proposed daycare center use is
within an existing building and no site or exterior building modifications are proposed a
Certificate of Zoning Compliance application will not be required to commence the proposed use
on this site. All interior modifications (tenant improvements) associated with the daycare center
use must receive all required permits and inspections from the Building Division of the
Community Development Department prior to operation of the daycare center.
Staff recommends approval of the proposed CUP with the conditions listed in Exhibit B.
NOTE: The City has adopted a local amendment to the international building code (IBC) that
does not require a change in occupancy of the home if it is to operate as a daycare facilities for
twelve or fewer children. Because the occupancy of the home is not changing from residential to
non-residential, the parking for non-residential uses doesn’t apply. However, staff has concerns
with the limited parking on the site and is recommending that the applicant pave the gravel area
on the east side the driveway in accord with UDC standards. standards. The applicant anticipates
that the arrival of the children will be staggered so that the provided parking both on the driveway
and the additional off-street stall will be sufficient .
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map & Aerial Map
2. Site/Landscape Plan (April 28, 2008) & Floor Plan
3. Building Elevation (photo)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Sanitary Service Company
6. Ada County Highway District
7. Parks Department
C. Required Findings from Unified Development Code
Exhibit A
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Exhibit A.1: Vicinity/Zoning Map & Aerial Map
Exhibit A
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Exhibit A.2: Site/Landscape Plan (dated: April 28, 2008) & Floor Plan
Exhibit A
PAGE 8
Exhibit A
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Exhibit A.3: Building Elevation (photo)
Exhibit A
PAGE 10
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1 The applicant shall pave the current gravel parking space in order to use it as one of the three
required spaces.
1.2 The applicant shall provide proof of criminal background checks and fire inspection certificates
as required by Title 39, Chapter 11, Idaho Code, in accord with UDC 11 -4-3-9, prior to issuance
of certificate of occupancy.
1.3 The applicant shall comply with the specific use standards listed in UDC 11-4-3-9 for daycare
facilities.
1.4 No signs are approved with this application. The applicant shall submit a sign permit appli cation
in accord with the standards listed in UDC 11-3D for approval of any future signs on this site.
1.5 The applicant shall have a maximum of 24 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 time extension shall be requested in accord with UDC 11-5B-6F prior to expiration. If
a time extension is not requested or granted and the CUP expires, a new conditional use permit
must be obtained prior to operation.
1.6 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use does
not relieve the applicant of responsibility for compliance.
1.7 The number of children watched on the property shall not exceed 8 12 children at any one time.
1.8 Prior to allowing greater than six children on the property, the applicant shall receive certificate
of zoning compliance approval to ensure the property complies with the UDC.
1.9 With submittal of the certificate of zoning compliance application, the applicant shall provide
detail of the 6 foot non-scalable fence.
2. PUBLIC WORKS DEPARTMENT
2.1 Public works has no issues with this application
3. FIRE DEPARTMENT
3.1 All daycares must pass an inspection using the criteria of the Idaho State Fire Marshal as set forth in
Idaho Statute Title 39-1109. Prior to scheduling an inspection, the applicant must pay a fee of $20 for
the cost of the inspection.
4. POLICE DEPARTMENT
4.1 The Police Department did not submit comments on this application.
5. SANITARY SERVICES
5.1 Republic Services did not provide comments on this application.
6. ADA COUNTY HIGHWAY DISTRICT
6.1 ACHD has no site specific conditions of approval for this application at this time.
7. PARKS DEPARTMENT
7.1 The Parks Department did not submit comments on this application.
Exhibit A
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Exhibit A
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C. Required Findings from Unified Development Code
1. Conditional Use Permit (UDC 11-5B-6E)
The Commission shall base its determination on the Conditional Use Permit request upon
the following:
a. 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.
Staff finds that the subject property is large enough to accommodate the proposed use and
dimensional and development regulations of the R-8 district. (see Analysis Section IX for
more information).
b. 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 proposed use is consistent with the Comprehensive Plan future land use
map designation of MDR. Further, staff finds the proposed use of the site is consistent with
the Comprehensive Plan in that the proposed daycare group will contribute to the variety of
educational and commercial opportunities available to the surrounding area.
c. 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.
Staff finds that if the applicant complies with the conditions outlined in this report, the
operation of the proposed daycare group should be compatible with other uses in the general
neighborhood and with the existing and intended character of the area.
d. 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
weigh any public testimony provided to determine if the development will adversely affect
the other property in the vicinity.
e. 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.
Exhibit A
f. 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.
Staff 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.
g. 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 will likely increase with the approval of a daycare center in this
location; however, Staff does not believe that the amount generated will be detrimental to the
general welfare of the public since the Comprehensive Plan and UDC anticipated the site to
be developed with commercial uses. In addition, a daycare center previously operated on the
site and staff is not aware of any issues arising from that use. Staff does not anticipate the
proposed use will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the
proposed use will not be detrimental to people, property or the general welfare of the area.
h. 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 the proposed use that should be brought to the Commission’s attention. Staff finds that
the proposed use will not result in the destruction, loss or damage of any natural, scenic or
historic feature of major importance.