Harvest Church Preschool H-2019-0007 CUPCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2019-0007
Page 1
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
In the Matter of the Request for Conditional Use Permit to add a daycare center use to an existing
church for Harvest Church Preschool, Located at 831 N. Main St. in the O-T Zoning District, by
Church of the Harvest.
Case No(s). H-2019-0007
For the Planning & Zoning Commission Hearing Date of: February 21, 2019 (Findings on March 7,
2019)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 21, 2019, incorporated
by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 21, 2019, incorporated
by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of February 21,
2019, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of February 21, 2019, 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
Meridian City Council Meeting Agenda March 7, 2019 – Page 84 of 101
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2019-0007
Page 2
upon the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the conditions of approval in the attached staff report for the
hearing date of February 21, 2019, 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 CUP is hereby approved in accord with the conditions of approval in
the staff report for the hearing date of February 21, 2019, 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 February 21, 2019
Meridian City Council Meeting Agenda March 7, 2019 – Page 85 of 101
By action of the Planning & Zoning Commission at its regular meeting held on the t14" day of
Mo LrCI'1 , 2019.
COMMISSIONER JESSICA PERREAULT, CHAIRMAN
COMMISSIONER RYAN FITZGERALD, VICE CHAIRMAN
COMMISSIONER RHONDA MCCARVEL
COMMISSIONER ANDREW SEAL
COMMISSIONER LISA HOLLAND
COMMISSIONER WILLIAM CASSINELLI
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2019-0007
Page 3
EXHIBIT A
Page 1
HEARING
DATE:
2/21/2019
TO: Planning & Zoning Commission
FROM: Stephanie Leonard, Associate Planner
208-884-5533
Bruce Freckleton, Development
Services Manager
208-887-2211
SUBJECT: H-2019-0007
Harvest Church Preschool
LOCATION: 831 N. Main St., in the NW ¼ of Section
7, Township 3N., Range 1E.
I. PROJECT DESCRIPTION
A conditional use permit for a daycare center for up to 60 children ranging in age from 3-5 years old
in an existing church building on 0.83 acres of land in the O-T zoning district as required by UDC
Table 11-2D-2.
II. SUMMARY OF REPORT
A. Project Summary
B. Community Metrics
Description Details Page
Ada County Highway District
Staff report (yes/no) No
Requires ACHD
Commission Action
(yes/no)
STAFF REPORT
COMMUNITY DEVELOPMENT DEPARTMENT
Description Details Page
Acreage 0.83
Future Land Use Designation Old Town
Existing Land Use Church and group daycare (up to 12 children)
Proposed Land Use(s) Church and daycare center (12+ children)
Current Zoning O-T
Neighborhood meeting date; # of
attendees:
December 18, 2018; no attendees
History (previous approvals) CZC-10-028, DES-10-021; A-2018-0333
Meridian City Council Meeting Agenda March 7, 2019 – Page 87 of 101
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Description Details Page
Access (Arterial/Collectors/State
Hwy/Local)(Existing and Proposed)
Access via N. Main St. Ave (Arterial) and E. Pine Ave.
(Arterial)
Traffic Level of Service
Fire Service
Accessibility Concerns with parking and ensuring that drive aisles are not
blocked during church services.
Other Resources
Police Service No Comment
West Ada School District
Distance (elem, ms, hs)
Capacity of Schools
# of Students Enrolled
Wastewater
Distance to Sewer Services 0’
Sewer Shed Five Mile
Estimated Project Sewer
ERU’s
See application
WRRF Declining Balance 13.52 MGD
Project Consistent with
WW Master Plan/Facility
Plan
Yes
Water
Distance to Water Services 0’
Pressure Zone 3
Estimated Project Water
ERU’s
See application
Water Quality Concerns No concerns
Project Consistent with
Water Master Plan
Yes
Impacts/Concerns No new water main proposed; no concerns
Meridian City Council Meeting Agenda March 7, 2019 – Page 88 of 101
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C. Project Area Maps
III. APPLICANT INFORMATION
A. Applicant/Owner:
Church of the Harvest
831 N. Main Street
Meridian, Idaho 83642
IV. NOTICING
Planning & Zoning
Posting Date
Newspaper Notification 2/1/2019
Future Land Use Map
Aerial Map
Zoning Map
Planned Development Map
Meridian City Council Meeting Agenda March 7, 2019 – Page 89 of 101
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Radius notification mailed to
properties within 300 feet 1/29/2019
Radius notification published on 2/11/2019
Nextdoor posting 1/29/2019
V. STAFF ANALYSIS
The facility is already constructed, and received Certificate of Zoning Compliance (CZC) approval (A-
2018-0333) for a group daycare (up to 12 children) in 2018.
The applicant requests a conditional use permit to expand upon the daycare use to increase enrollment
from twelve (12) students to up to sixty (60) students. A daycare center, although ancillary to the church
use, requires a conditional use permit per UDC 11-2D-2 and is subject to specific use standards as listed
below.
A. Comprehensive Plan Policies (https://www.meridiancity.org/compplan):
“Plan for and encourage services like health care, daycare, grocery stores and recreational areas to
be built within walking and biking distance of residential dwellings.” (2.01.01C)
B. Existing Structures/Site Improvements:
The applicant is proposing to use space within the existing church building, no site improvements
are proposed. However, the church does own an unimproved lot to the south of the subject
property that does not conform to UDC parking standards (see parking analysis below)
C. Proposed Use Analysis:
The applicant proposes to operate the daycare with three (3) staggered class times. The first class
is proposed to begin at 8:30 AM, the second class at 11:00 AM, and the third at 3:30 PM; classes
are projected to finish at 6:00 PM. Prior to the Commission hearing, Staff recommends the
applicant provide further information regarding the number of students projected to attend each
time slot to assess parking and facility needs.
D. Specific Use Standards (UDC 11-4-3):
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
a maximum of sixty (60) children, classifying it as a daycare center.
2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge
and pick up of clients. The applicant is proposing to use the existing drive aisle and parking lots
available on site for pick-up and drop-off of children. There are 46 existing parking spaces on the
site, which exceeds UDC requirements for an approximately 27,000 square-foot building in the
O-T zoning district (one [1] parking space per 1,000 square feet). If the applicant intends to use
the dirt lot located at 58 E. Idaho Ave. to the south of the subject site for parking or
loading/unloading it shall be improved in accord with UDC standards.
3. The decision making body shall specify the maximum number of allowable clients and hours of
operation as conditions of approval.
Meridian City Council Meeting Agenda March 7, 2019 – Page 90 of 101
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4. 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 certificate 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 has
coordinated with the Department of Health and Welfare to complete the health and safety
inspection, a fire inspection has been completed by the Meridian Fire Department and has been
sent to the State of Idaho Stars program for approval.
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 subject property is adjoins residential uses to
the north, as such the hours of operation for the daycare center shall be restricted to 6 AM-11
PM. The applicant is proposing hours of operation to occur between 8:30 AM-6 PM, in accord
with these standards.
6. Prior to submittal of an application for an accessory daycare facility in a residential district, the
applicant or owner shall hold a neighborhood meeting in accord with subsection 11-5A-4B of this
title. Notice of the neighborhood meeting shall be provided to all property owners of record
within one hundred feet (100') of the exterior boundary of the subject property. This requirement
does not apply to the subject application. The applicant did conduct a neighborhood meeting and
notified property owners within three-hundred feet (300’) in accord with the requirements of the
subject CUP request.
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.
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 current
proposal does not include outdoor space for the daycare. If the subject application is approved
and the applicant wants to add outdoor space in the future, they shall comply with this
requirement.
2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any
required yard. The current proposal does not include outdoor space for the daycare. If the subject
application is approved and the applicant wants to add outdoor space in the future, they shall
comply with this requirement.
3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after
dusk. The current proposal does not include outdoor space for the daycare. If the subject
application is approved and the applicant wants to add outdoor space in the future, they shall
comply with this requirement.
C. Additional standards for family daycare facilities conducted as home occupation accessory uses:
1. In no way shall the family daycare emit lighting, noise, fumes, smoke, dust, odors, vibrations, or
electrical interference that can be observed outside the dwelling. A sign may be displayed for
advertising the family daycare facility in accord with the standards set forth in subsection 11-3D-
8B of this title. This requirement does not apply as the subject application is does not involve a
home occupation.
2. Off street parking shall be provided as set forth in section 11-3C-6 of this title, in addition to the
required off street parking for the dwelling. (Ord. 18-1773, 4-24-2018) This requirement does not
apply as the subject application does not involve a home occupation or dwelling unit.
Meridian City Council Meeting Agenda March 7, 2019 – Page 91 of 101
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E. Access (UDC 11-3A-3, 11-3H-4):
There are three (3) points of access currently used by the existing church and proposed for
continued use for the daycare center (see Exhibit VII.B). One (1) access point via N. Main Street
is proposed to circulate traffic through the alleyway to access parking to the south. One (1) access
point is proposed via E. Pine Ave. to access a one-way parking lot to the west of the subject
property. One (1) access point is proposed via E. Idaho Ave. to access a two-way parking lot to
the north. The applicant has proposed to control traffic and ensure safe crossing for children
through the use of bollards at the corner of buildings, striping and caution flags. Staff
recommends the applicant provide further detail regarding installment and location of such
precautions with the CZC and DES application.
F. Parking (UDC 11-3C):
Per UDC Table 11-3C-6B.3, a minimum of twenty-seven (27) off-street parking spaces are
required to be provided; a total of forty-six (46) spaces exist and are proposed to be used. The
number of existing parking spaces exceeds UDC standards. Staff feels the number of existing
parking spaces should be adequate as the class times are staggered throughout the day and
should allow for shifts of vehicles to pick-up and drop-off children. However, if the applicant
intends to use the dirt lot located at 58 E. Idaho Ave. to the south of the subject site for parking, it
shall be improved in accord with UDC 11-3C-5 and UDC 11-3B-8.
The UDC does not require that additional parking be provided based on the zoning district for
the subject property, however, UDC 11-5B-6D-7 does allow the Commission to require more
restrictive standards in analyzing a conditional use. If the Commission determines that the
parking lot located at 58 E. Idaho Ave. should be used as parking to increase availability for the
daycare, the applicant shall improve and landscape the area in accord with UDC standards,
additionally, cross-access to adjacent properties (parcel numbers R5672000460 and
R5672000450)shall be provided in accord with UDC 11-3A-3.
G. Sidewalks (UDC 11-3A-17):
Sidewalks exist along E. Pine Ave., E. Idaho Ave. and N. Main Street. A pedestrian walkway and
striping was previously installed to guide pedestrians from the two (2) parking lots to the entrance
of the existing church and proposed entrance for the daycare.
H. Certificate of Zoning Compliance (CZC) and Design Review (DES)
If approved, the applicant will be required to amend the current CZC approval to establish the use
of a daycare center on the site to ensure all site improvements comply with the provisions of the
UDC and the conditions in this report prior to construction, in accord with UDC 11-5B-1. If the
Commission requires improvements be made to the parking lot to the south, the applicant will
also be required to submit an application for DES concurrent with the CZC application in accord
with UDC 11-5B-8.
I. Utilities (UDC 11-3A-21):
This site is already serviced by City sanitary sewer, domestic water, refuse disposal, and
irrigation; these services were provided to this property with development of the site.
VI. DECISION
A. Staff:
Staff finds the proposed project complies with the applicable policies of the Comprehensive Plan
and is conditioned to comply with the applicable development standards in the UDC. Based on
the aforementioned analysis, staff recommends approval of the subject CUP application.
Meridian City Council Meeting Agenda March 7, 2019 – Page 92 of 101
Page 7
B. Commission:
The Meridian Planning and Zoning Commission heard this item on February 22, 2019. At the
public hearing, the Commission moved to approve the subject CUP request.
a. Summary of Commission Public Hearing:
i. In favor: Ben Butterworth and JoAnne Richter, applicants; Lily Mulyar; Diane Brian;
ii. In opposition: None
iii. Commenting: Ben Butterworth and JoAnne Richter, applicants; Lily Mulyar; Diane
Brian
iv. Written testimony: None
v. Staff presenting application: Stephanie Leonard
vi. Other staff commenting on application: Bill Parsons, Andrea Pogue
b. Key Issues of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. Parking availability and site circulation for children and pedestrians
ii. Maximum number of students allowed
d. Key Commission Changes to Staff Recommendation:
i. Strike portion of condition 1.1.3 regarding parking lot construction.
ii. Strike condition 1.1.4.
Meridian City Council Meeting Agenda March 7, 2019 – Page 93 of 101
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VII. EXHIBITS
A. Floor Plans
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Meridian City Council Meeting Agenda March 7, 2019 – Page 95 of 101
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B. Parking and Circulation Plan
Meridian City Council Meeting Agenda March 7, 2019 – Page 97 of 101
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VIII. CITY/AGENCY COMMENTS & CONDITIONS
1. PLANNING DIVISION
1.1 Site Specific Conditions
1.1.1 The applicant shall comply with all conditions of previous approvals (CZC-10-028, DES-10-
021; A-2018-0333).
1.1.2 The applicant shall comply with the Specific Use Standards listed in UDC 11-4-3-9, Daycare
Facility.
1.1.3 The floor plan, included in Exhibit VII.A, is approved as presented. The applicant is not
proposing any exterior modification or additions to the building and none are approved.
However, if the Commission requires additional parking be installed on the unimproved
portion of the lot to the south (parcel no. R5672000430), the applicant shall submit a site
plan depicting additional parking spaces. Installation shall be in accord with the
standards in UDC 11-3B-8 and UDC 11-3C-5.
1.1.4 If the Commission requires the lot be improved for parking, the applicant shall provide
cross-access to adjacent lots in accord with UDC 11-3A-3.
1.1.5 The applicant is required to amend the existing Certificate of Zoning Compliance (CZC) and
Administrative Design Review (DES) application to the Planning Division for approval of the
proposed use to increase the number of students and final site layout with the improved
parking area (if required) prior to submittal of a building permit application.
1.1.6 The applicant shall coordinate with the Meridian Building Division (208-887-2211) regarding
any building permit requirements.
1.1.7 Staff’s failure to cite specific ordinance provisions or terms of the approved conditional use
does not relieve the applicant of responsibility for compliance.
1.1.8 The applicant shall have a maximum of two (2) years to commence the daycare use as
permitted in accord with the conditions of approval listed above. If the use has not begun
within two (2) years of approval, a new conditional use permit must be obtained prior to
operation or a time extension must be requested in accord with UDC 11-5B-6F.
1.1.9 The applicant shall complete all required improvements prior to issuance of a Certificate of
Occupancy. It is unlawful to use or occupy any building or structure until the Building
Official has issued a Certificate of Occupancy.
1.1.10 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11.
1.1.11 All signage for the property is subject to the standards set forth in UDC 11-3D.
2. PUBLIC WORKS DEPARTMENT
No comments on the subject application as services are existing.
3. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD)
http://weblink.meridiancity.org/weblink8/0/doc/160625/Page1.aspx
4. NAMPA MERIDIAN IRRIGATION DISTRICT (NMID)
http://weblink.meridiancity.org/weblink8/0/doc/161519/Page1.aspx
5. IDAHO DEPARTMENT OF TRANSPORTATION (ITD)
Meridian City Council Meeting Agenda March 7, 2019 – Page 98 of 101
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http://weblink.meridiancity.org/weblink8/0/doc/161625/Page1.aspx
6. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ)
http://weblink.meridiancity.org/weblink8/0/doc/160817/Page1.aspx
IX. FINDINGS
CONDITIONAL USE PERMIT:
The Commission shall base its determination on the conditional use permit request on 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.
The Commission finds that the site is large enough to accommodate the proposed use and
meet the dimensional and development regulations of the O-T zoning district and the specific
use standards listed in UDC 11-4-3-9, Daycare Facility.
b. 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 proposed use is consistent and harmonious with the UDC and
Comprehensive Plan Future Land Use Map designation of Old Town for this site.
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.
The Commission finds that the general operation and maintenance of the daycare facility
should be compatible with the surrounding commercial and residential uses in the vicinity.
The Commission finds that the proposed project will be compatible with the existing and
intended character of the area and will not adversely change the character thereof.
d. 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 the proposed development should not adversely affect other
property in the vicinity if adequate on-site parking is provided and utilized by patrons of the
church and clients of the daycare. If approved, conditions of approval are included in Exhibit
VIII of this staff report to ensure the proposed use will not adversely affect other properties 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.
The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation were
provided to this property with development of the site. The Commission finds that the proposed
use will be served adequately by all of the public facilities and services listed above.
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.
Meridian City Council Meeting Agenda March 7, 2019 – Page 99 of 101
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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.
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.
The Commission finds that the proposed development should not involve activities that will
create nuisances that would be detrimental to the general welfare of the surrounding 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.
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 in this area.
Meridian City Council Meeting Agenda March 7, 2019 – Page 100 of 101